TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 128

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CONFIDENTIAL

over protective of its own dignity.

Such provisions may well

exist elsewhere; but there is a difference between gradually accumulated legislation (much of it not normally used) and putting everything together in a form which appears draconian. The constitutional development of other territories towards independence does not necessarily provide useful precedents for Hong Kong. As we so often say, Hong Kong is unique. Although the changes made in the Bill should reduce public criticism, the Government will unfortunately appear to have been insensitive and uncertain. Similar problems were apparent with the proposal, now dropped, to do away with a jury at the trial of certain commercial crimes.

2. Mr Galsworthy refers to the need for a legislature to operate without interference. This is certainly the ideal.

But I very much doubt whether legislation can (or even should) be devised to eliminate critical comments on individual members.

As for the Communist press, even if it could be muzzled locally

by legislation, there would be plenty of opportunity for the

mainland press to be critical. Furthermore, whispering campaigns (which are a major form of pressure in a society like Hong Kong) would continue unabated.

D

3. In the aftermath of the Agreement, and with the development

of new institutions, Hong Kong is having to sail in some uncharted and choppy waters. Identifying the shoals is mainly

a local responsibility. But the FCO must do what it can to help. I agree with Mr Galsworthy that we should use this occasion to establish a better early warning system for future legislation

this

CONFIDENTIAL

شاهد

D C Wilson

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