TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 113

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J.

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COMPRISES THE POLICY SECRETARIES AND THE REST OF THE CIVIL

SERVICE . IF THE PAPER IS TO DEAL WITH 'CONVERGENCE' IN AN

ANALYTICAL WAY WHICH IT DOES FOR THE MOST PART LEGAL ADVISERS

FEEL THAT IT NEEDS TO TAKE THIS INTO ACCOUNT AND TO CONSIDER THE

CONCEPT OF THE EXECUTIVE BOTH IN RELATION TO THE EXECUTIVE

COUNCIL (WITH ITS ADVISORY, SUBORDINATE LEGISLATIVE AND POLICY

ROLE) AND THE ADMINISTRATION. THEY SUGGEST THAT THERE SHOULD BE

REFERENCES TO THE ADMINISTRATION IN PARAS 12 AND 13, THAT

THE AMBIGUITY OF THE USE OF THE WORD 'EXECUTIVE' IN PARA 18(E)

SHOULD BE CLEARED UP, AND THAT IT WOULD ALSO BE DESIRABLE TO DEAL

WITH BOTH ASPECTS OF THE EXECUTIVE IN PARAS 19 AND 20. (IN THIS

CONNECTION THEY NOTE THAT REFERENCES IN THE JOINT DECLARATION AND

SECTION 1 OF ANNEX 1 TO THE EXECUTIVE (THIRD SENTENCE OF PARA 3(4)

AND THIRD AND FIFTH SENTENCES OF THIRD PARA OF SECTION 1 OF ANNEX 1)

ARE MORE CLOSELY RELATED TO THE ADMINISTRATION THAN THEY ARE TO

THE EXECUTIVE COUNCIL.)

4.

AS A FURTHER GENERAL POINT, WE WOULD SUGGEST THAT YOU

EMPHASIZE AT SEVERAL POINTS THAT WHAT YOU ARE DESCRIBING IS THE

(NEXT WORD UNDERLINED) PRESENT HONG KONG SYSTEM. THIS WOULD

ACCORD WITH OUR GENERAL LINE THAT THE SYSTEM IS A FLEXIBLE AND

EVOLVING ONE. THUS 'AT PRESENT' MIGHT BE INSERTED BEFORE

'MEMBERS' IN SECOND SENTENCE OF PARA 12, AFTER 'POWERS' IN FIRST

SENTENCE OF PARA 18, BEFORE 'HONG KONG IN FIRST SENTENCE OF PARA

19, AND BEFORE 'THE GOVERNOR' IN FIRST SENTENCE OF PARA 27.

OTHER SUGGESTED AMENDMENTS TO YOUR TELNO 849 ARE AS

5.

FOLLOWS:

A)

1

PARA 2 FIRST SENTENCE: DELETE 'BE THE WISH' AND INSERT

'SEEM DESIRABLE AND ACCORD WITH THE WISHES'

B)

PARA 16 THIRD SENTENCE: DELETE 'DECIDED IN THE LIGHT OF'

AND INSERT 'ONE OF THE MATTERS RAISED IN'

C)

PARA 17: YOU MIGHT WISH TO MAKE THIS CLEARER BY REFERENCE

TO THE JOINT DECLARATION QUOTATION IN PARA 15

D)

E)

PARA 18 SECOND SENTENCE: DELETE 'ALSO'

PARA 18(F): WE ASSUME THAT 'APPEALS' ARE ADMINISTRATIVE

APPEALS, IN WHICH CASE THE WORD 'ADMINISTRATIVE' MIGHT BE ADDED

AFTER 'CONSIDER'

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