TNAG-1437-FCO40-1921-Constitutional-development-in-Hong-Kong-1986 — Page 143

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TELNO 7

OF 021830Z JANUARY 86

INFO IMMEDIATE PEKING

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- 3 JAM 1986

REGISTRY

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1

YOUR TELS 2908-10 AND 2915 AND PEKING TELNO. 006: REPRESENTATIVE

GOVERNMENT: CONVERGENCE WITH THE BASIC LAW: 1987 REVIEW

1.

WE HAVE NOW LOOKED AT TURS IN CONSULTATION WITH LEGAL

ADVISERS, AND HAVE THE FOLLOWING PRELIMINARY COMMENTS. WE HAVE

CONCENTRATED ON FACTUAL POINTS RATHER THAN THE OPTIONS FOR

FURTHER REFORM. ON THE LATTER WE SHALL AWAIT WITH INTEREST THE

DISCUSSION IN EXCO AND WILL WISH TO SUBMIT TO MINISTERS

THEREAFTER. SOME OF OUR POINTS, PARTICULARLY ON

TECHNICAL/CONSTITUTIONAL MATTERS, MAY SEEM LABOURED, BUT WE THINK

IT IMPORTANT THAT AS WE REFINE POSITIONS, FOR EXAMPLE ON THE

PRESENT EXTENT OF HONG KONG'S PRACTICAL AUTONOMY OR THE

PROVISIONS OF THE JOINT DECLARATION, WHICH WE MAY LATER WISH TO

PUT TO THE CHINESE, THESE SHOULD BE AS ACCURATE AS WE CAN MAKE

THEM.

PART I (YOUR TELNO 2909):

(A)

PARA 1 LINE 1. LEGAL ADVISERS HAVE OBSERVED THAT THE

GOVERNOR (NEXT WORD UNDERLINED) IS THE REPRESENTATIVE OF THE QUEEN (NEXT WORD UNDERLINED) AND HAS ULTIMATE

DIRECTION OF THE ADMINISTRATION OF HONG KONG: THE LATTER

IS NOT INHERENT IN THE FORMER AND THE 2 HATS CAN BE

SEPARATED. THEY NOTE THAT THIS IS ALSO THE ARGUMENT YOU

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