TNAG-1438-FCO40-1922-Constitutional-development-in-Hong-Kong-1986 — Page 124

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question to be resolved if 'deveta i

is to be achieved

If the system of representative government is really to

dovetail with the Basic Law, we must first resolve the question of

the relation between the Legislative Council and the executive bodies

under the chief executive. If the Legislative Council is placed

above the c..ief executive and takes over from him the power of decision-

making, thus reducing him to the status of the Queen', it implies

that Hong Kong will be separated from China's sovereignty and a

'stronghold' policy will be adopted. If this is the case, it will

be difficult to dovetail such a system with the Basic Law. Fully

aware that Hong Kong's post-1997 constitutional arrangements are

matters of China's domestic policy, the British should not and could

not possibly take these matters into their own hands.

After Mr Xu Jiatun spoke on the question of constitutional

reforms, the members of the two councils began to air their views,

saying that if China and Britain do not see eye to eye on this

sensitive issue, they can discuss it through diplomatic channels without

having to air their differences in public. We hope this is a signal

conveying the desire for cooperation and dialogue, because a number

senior government officials had in October openly stated that

constitutional reforms are within Britain's terms of reference in

the administration of Hong Kong during the transition period and

China need not be consulted on this issue. To say that there is no

need for consultation is to close the door to dialogue.

There is,

in fact, a provision in the Sino-British Agreement for consultation through the Joint Liaison Group. The people of Hong Kong hope that

the Joint Liaison Group can function as a tool for communication,

thus contributing to the taritory's prosperity and stability.

A draft constitution before 1987

Can the system of representative government dovetail with the Basic Law? This is one of the most salient questions facing Hong

Kong auring the transition period. Any responsible person should