TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 107

GRS 550

SECRET

FM HONG KONG

SECRET

AMENDED DISTRIBUTION 1 APRIL 1986

TO DESKBY 27090OZ FCO

TELNO 936

OF 2703OOZ MARCH 86

INFO IMMEDIATE PEKING

HRK OU/I

RECEIVED IN REGISTRY - 3 APR 1986

158

!

INDLY

XOTRY

144)

45

50)

AB314

YOUR TELSNOS 563, 564 AND 568 AND PEKING TELSÑOS 434 TO 438 : REPRESENTATIVE GOVERNMENT ? BASIC LAW AND THE 1987 REVIEW

1. WE HAVE GONE OVER ALL THE AMENDMENTS PROPOSED HN TURS. WE HAVE ACCEPTED MOST (BUT NOT ALL) OF THEM. MY SECOND AND THIRD FTS CONTAIN THE FULL REVISED TEXTS OF THE TWO PAPERS REQUESTED IN YOUR THIRD TUR.

2. THE COMMENTS AND AMENDMENTS WITH WHICH WE DO NOT (NOT) AGREE ARE AS FOLLOWS:

WE

(A) THE EXECUTIVE VERSUS THE EXECUTIVE COUNCIL (PARA 3 OF YOUR

TELNO 563). IT IS NOT CORRECT TO SAY THAT THE EXECUTIVE MNCLUDES THE REST OF THE CIVIL SERVICE. FOR THE PURPOSES OF THIS PAPER, WE ARE TALKING ABOUT THOSE RESPONSIBLE FOR THE FORMULATION OF THE POLICY, WHICH MEANS THE EXECUTIVE COUNCIL (AND TO SOME EXTENT POLICY SECRETARIES E. ''PRINCIPAL OFFICIALS''). HAVE THEREFORE AMENDED THE RELEVANT PARAGRAPHS OF THE PAPER N OUR TELNO 849 TO DEFINE MORE CLEARLY WHAT IS MEANT BY THE EXECUTIVE IN THE PRESENT SYSTEM, AND TO BRING OUT THAT THE PAPER 45 DISCUSSING WAYS IN WHICH THIS MIGHT BE EVOLVED INTO A SYSTEM

PROVIDING A PROPER AND ADEQUATE DEFINITION OF THE VAGUE TERM ''EXECUTIVE AUTHORITIES OF THE HONG KONG SAR USED IN THE

JOINT DECLARATION.

(B) IN THE LIGHT OF THE CHANGES DESCRIBED IN (A) ABOVE, THE

AMENDMENTS SUGGESTED IN PARA 4 OF YOUR TELNO 563 ARE UNNECESSARY. THEY ARE ALSO HN OUR VIEW UNDESIRABLE, SINCE EXCESSIVE USE OF AT PRESENT COULD LEAD THE CHINESE TO BELIEVE THAT WE ARE PLANNING RADICAL ALTERATIONS BEFORE 1997.

(C) PARA 5(A) OF YOUR TELNO 563: THE WORDING IN MY TELNO 849 US A

QUOTE FROM BOTH THE 1984 GREEN AND WHITE PAPERS. WE HAVE THEREFORE RETAINED IT.

(D) PARA 5(B) OF YOUR TELNO 563: WE PREFER OUR ORIGINAL FORMULATION,

SINCE NOT INTRODUCING DIRECT ELECTIONS IS IN ITSELF A DECISION. WE HAVE INSERTED ''OR NOT'' AFTER ''WHETHER''.

(E) PARA 5(E) OF YOUR TELNO 563: THE GOVERNOR IN COUNCIL DEALS

WITH BOTH STATUTORY AND ADMINISTRATIVE APPEALS. TEXT AMENDED

ACCORDINGLY.

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