TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 108

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(F) PARA 5(F) OF YOUR TELNO 563: INTERPRETATION OF THE WORD

**ACCOUNTABILITY' IS A SENSITIVE SUBJECT. WE DO NOT (NOT)

THINK IT ADVISABLE TO DISCUSS IN DETAIL AT THIS EARLY STAGE

THE QUESTION OF A FORMAL POWER OF SANCTION BY THE LEGISLATURE,

ALTHOUGH WE AGREE WE MAY HAVE TO INTRODUCE THE DEA LATER IN

THE DIALOGUE. WE HAVE, HOWEVER, RE-ORDERED THE WORDING OF THIS

SECTION TO BRING OUT MORE CLEARLY THAT ACCOUNTABILITY ALREADY

EXISTS IN PRACTICE.

3. AS FOR THE GENERAL COMMENT UN PARA 7(A) OF YOUR TELNO 563 ON

THE PAPER MIN MY TELNO 850, WE SUGGEST THAT YOU AND THE LEGAL

ADVISERS REDRAFT THE FIRST SENTENCE OF PARAGRAPH 1 TO ENSURE THAT

THE DESCRIPTION OF THE UNITED KINGDOM SYSTEM IS ACCURATE. WE ARE

MEANWHILE INCORPORATING YOUR OTHER AMENDMENTS TO THIS PARA FOR THE

REVISED PAPER TO BE DISTRIBUTED TO EXCO. THE ESSENTIAL POINT WE

ARE SEEKING TO MAKE HIS THAT THE RESTRAINING FORCE OF CUSTOM, CONVENTION OR LONG-ESTABLISHED PRACTICE IS AS POWERFUL AS HRON-CLAD

CONSTITUTIONAL RULES. ANY REDRAFTING SHOULD NOT SUBMERGE THE POINT

WE WISH TO GET ACROSS TO THE CHINESE.

4. AS FOR CONCRETE EXAMPLES (PARA 8 OF YOUR TELNO 563 AND PEKING

TELNO 463) HIT WOULD BE INAPPROPRIATE TO INCLUDE ILLUSTRATIONS UN

RESPECT OF PUBLIC SERVICE COMMISSION RECOMMENDATIONS, SINCE THESE

DEAL WITH PERSONNEL MATTERS. WE HAVE INSERTED A MORE SPECIFIC

REFERENCE TO THE LAST OCCASION ON WHICH A GOVERNOR DECLINED TO

ASSENT TO A BILL PASSED BY LEGCO.

5. ON PARA 9(E) OF YOUR TELNO 563, THE ORIGINAL FORMULATION "IN

PARA 10 OF THE PAPER IN MY TELNO 851 μ'S CLEARER, AND THE POINT HÌN

THE LAST SENTENCE OF THAT PARAGRAPH SHOULD NOT BE DROPPED.

6. THE AMENDMENT PROPOSED IN PARA 9(J) OF YOUR TELNO 563 IMPLIES MUCH TOO DEFINITE AN UNDERTAKING. MOREOVER, IF THERE WERE COMMENTS

ON THESE SUBJECTS FROM THE PUBLIC, WE WOULD NEED TO CONSIDER THEM

*N THE REVIEW. WE HAVE THEREFORE RETAINED THE ORIGINAL WORDING.

7. WE HAVE TELEGRAPHED A REVISED VERSION OF THE PAPER ON THE BASIC

LAW (MY TELNO 852) THAT WE WILL SUBMIT TO EXCO, INCORPORATING

VIRTUALLY ALL THE SPECIFIC AMENDMENTS IN YOUR TELNO 86 AND PEKING

TELNO 438. FOR COMMENTS ON THE WIDER ISSUES THAT YOU AND PEKING

HAVE RAISED ON THE HANDLING OF THIS PAPER, SEE MIFT.

YOUDE

HONG KONG AGREEMENT : RESTRICTED

LIMITED

HD/HKD

HD/FED

COPIES TO:

MR FIFOOT, LEGAL ADVISERS MR WOOD LEGAL ADVISERS

RESEARCH D (FE)

DEP/HD PUSD

PS/MR RENT ON

MR WILSON

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