TNAG-1357-FCO40-1798-Constitutional-development-in-Hong-Kong-1985 — Page 44

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

THE QUESTION OF CONVERGENCE

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9. IT WILL NOT BE POSSIBLE TO GO IN ANY DEPTH INTO THE QUESTION

OF CONVERGENCE BETWEEN CHINESE PLANS FOR THE DEVELOPMENT OF

REPRESENTATIVE GOVERNMENT UNTIL THE CHINESE GIVE AT LEAST SOME PRELIMINARY INDICATION OF HOW THEY SEE THE SYSTEM DESCRIBED IN

THE JOINT DECLARATION BEING TRANSLATED INTO A PRACTICAL PLAN.

IT IS HOWEVER POSSIBLE TO IDENTIFY SOME AREAS WHERE CHINESE AND

BRITISH IDEAS MAY CONVERGE EASILY: AND OTHER WHERE THEY MAY DIVERGE.

10. AS REGARDS THE GENERAL STRUCTURE OF GOVERNMENT THERE SHOULD BE

NO PROBLEM OF CONVERGENCE. HONG KONG ALREADY HAS A CHIEF EXECUTIVE

(THE GOVERNOR), AN EXECUTIVE (EXECUTIVE COUNCIL., AND LEGISLATURE

(LEGISLATIVE COUNC-H).

FORESAW AN SAR REGIONAL COUNCIL COMPOSED OF THE

SAR CHIEF EXECUTIVE, SOME HEADS OF REGIONAL DEPARTMENTS, AND SOME OTHER PEOPLE. THERE IS NOTHING IN THIS INCONSISTENT WITH THE PRESENT

STRUCTURE OF EXCO. THE PRESENT SYSTEM IS WELL TRIED AND EFFECTIVE

AS A METHOD OF GOVERNMENT. TO ACCOMMODATE CHINESE SENSITIVITIES,

THE NAMES MAY NEED TO BE CHANGED BUT THE BASIC STRUCTURE NEED

NOT BE.

11. DIFFERENCE MAY HOWEVER ARISE AS REGARDS A) THE POWERS OF THE

THREE INSTITUTIONS, AND B) THE RELATIONSHIP BETWEEN THEM IN IN

PARTICULAR THE DEGREE OF ACCOUNTABILITY OF EACH TO THE OTHER ELEMENTS

IN THE STRUCTURE. NO GREAT CHANGE IS LIKELY TO BE MADE IN 1987 IN

THESE POWERS OR RELATIONSHIPS (EXCEPT POSSIBLY FOR THE GOVERNOR

CEASING TO PRESIDE AT LEGISLATIVE COUNCIL MEETINGS - SEE PART UP).

THE QUESTION IS THUS THE EXTENT TO WHICH THE CHINESE CAN BE BROUGHT

TO ACCEPT THE SUBSTANCE OF THE EXISTING DISTRIBUTION OF POWERS

BETWEEN THE THREE ELEMENTS: AND THE ESTABLISHED WORKING RELATIONSHIP

BETWEEN THEM.

Redacted Under' FOI Exemption Sec 27(1)

12. AN UNEXPLORED AREA IS THE ACCOUNTABILITY OF THE SAR CHIEF

EXECUTIVE TO THE CENTRAL GOVERNMENT IN PEKING AND WHETHER THIS

RELATIONSHIP IS TO BE EXERCISED DIRECTLY OR THROUGH A CHINESE

GOVERNMENT REPRESENTATIVE IN HONG KONG (P.E. IS THE SAR CHIEF

EXECUTIVE TO BE BOTH CHIEF EXECUTIVE AND CENTRAL GOVERNMENT

REPRESENTATIVE, AS IS THE GOVERNOR: OR ONLY THE FIRST).

13. DIFFERENCES MAY ALSO ARISE AS REGARDS THE METHODS OF CHOOSING

REPRESENTATIVES AND THE SIZE OF THE LEGISLATURE. UNLESS THE

PROVISION FOR AN ELECTED LEGISLATURE IS TO BE A NULLITY, THERE WILL

NEED TO BE AT LEAST UNDIRECT ELECTIONS TO MOST SEATS IN THE SAR

LEGISLATURE. CHOOSING REPRESENTATIVES BY CONSULTATION, WITH A

SINGLE LIST OF CANDIDATES CONFIRMED BY SUBSEQUENT ''ELECTION'' IS

UNLIKELY TO CARRY CREDENCE IN HONG KONG (OTHER THAN AS A MEANS OF

CONFIRMING A MINORITY OF APPOINTED MEMBERS IF THIS CATEGORY IS

RETAINED). BEGINS SQUARE BRACKETS IT IS NOT POSSIBLE TO PREDICT

THE EXTENT OF SUPPORT WHICH WILL BE FORTHCOMING FOR DIRECT

ELECTIONS FROM HONG KONG OPINION IN 1987 AND BEYOND. IT IS LIKELY

THAT DIRECT ELECTIONS FOR ONE QUARTER OF THE SEATS WOULD BE REGARDED

AS A LEGITIMATE EXPERIMENT. END SQUARE BRACKTES.

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