TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 115

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'PRACTICE' BE USED IN PLACE OF

CONVENTION' IN THIS AND FOLLOWING

PARAS, AND THAT 'THIS' IN THE THIRD SENTENCE BE REPLACED BY

'SIMILAR PRACTICES'. LEGAL ADVISERS HAVE ALSO POINTED OUT

REGARDING THE FIRST SENTENCE THAT THE QUEEN IN PARLIAMENT HAS

POWERS WHICH THE QUEEN OUT OF PARLIAMENT DOES NOT POSSESS, BUT

THAT IS NOT AN EXERCISE OF HER POWERS BY PARLIAMENT. THEY,

THEREFORE, SUGGEST DELETION OF 'PARLIAMENT AND' IN THIS SENTENCE.

FINALLY, THE SECOND 'THE DIRECTION OF' IN THE FOURTH SENTENCE IS

A TELEGRAPHIC ERROR WHICH SHOULD BE DELETED.

B)

C)

PARA 2 FIFTH SENTENCE: ADD 'ONLY' AFTER 'IS'

PARA 4 FIRST SENTENCE: WE SUGGEST THAT THE LAST PART BE

EXPANDED TO EXPLAIN THE REFERENCE TO 'RESERVE POWERS', ON THE

FOLLOWING LINES, 'AND TO CERTAIN LIMITED AREAS (E.G. CURRENCY AND

BANKING MATTERS) WHERE UNDER ROYAL INSTRUCTIONS THE GOVENOR

CANNOT ASSENT TO A BILL WITHOUT PRIOR CONSULTATION WITH HMG'

D)

PARA 5 FIRST SENTENCE: INSERT 'FORMAL' BEFORE

'CONSTITUTIONAL'

E)

PARA 17: WE WONDER IF THIS PARA SHOULD NOT BE OMITTED,

SINCE IT RAISES OLD CONTROVERSIES AND IS NOT ESSENTIAL TO THE

ARGUMENT.

8.

WE AGREE WITH PEKING'S COMMENT IN THEIR TELNO 436, BUT

REFERENCES TO CHAPTER AND VERSE WOULD BEST NOT BE TOO SPECIFIC.

9.

YOUR TELNO 851 AND PEKING TELNO 437. WE FEEL THAT THIS

PAPER WOULD BENEFIT FROM FURTHER CAREFUL SCRUTINY AND REWORKING

BEFORE HANDING TO THE CHINESE, IN ORDER TO ENSURE THAT IT

CLARIFIES OUR VIEWS AS FAR AS POSSIBLE AND ADDRESSES CHINESE

CONCERNS AS WE BELIEVE THEM TO BE. WE HAVE NOT ATTEMPTED A

REDRAFT AT THIS STAGE BUT HAVE THE FOLLOWING PRELIMINARY

COMMENTS.

A)

PARA 1. WE SHALL NEED TO HAVE READY (IN CASE THE CHINESE

CHALLENGE US) REFERENCES TO SUPPORT THE STATEMENT REGARDING A

COMMITMENT TO PARLIAMENT. THE TWO MOST RECENT REFERENCES WE HAVE

IDENTIFIED ARE MR EGGAR'S REPLY TO MR ASHDOWN IN THE HOUSE ON 20

JANUARY 1986, AND MR RENTON'S TO MR PARRY ON 10 FEBRUARY 1986. ALSO ON PARA 1, NEITHER THESE TWO REFERENCES NOR PARAS 27 AND 28

OF THE 1984 WHITE PAPER FULLY SUPPORT THE STATEMENT THAT THE

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