سا
SECRET
Further comments on this telegram are as follows:
Para 17
this paragraph is unclear.
P
Para 18(F) : the reference to appeals is ambiguous and could be read as a reference to judicial appeals. What I assume is meant is appeals in administrative matters.
YES
Para 18(J)
You
this paragraph is unclear.
Para 23
: would seem to set out a minimalist position for accountability although it is in part expanded in para 24. I think it would be desirable, at this stage, to add to para 23 a reference to a sanction in the event that the Executive is not receptive to the essential concerns of the Legislature. This could be expanded in para 24 by stating the accountability of the Executive to the Legislature for all public expenditure and containing a necessary implication that the need for the Legislature to approve taxation is also part of the accountability process see my minute of
16 January 1986 to Mr Galsworthy.
Para 26
-
: referring to the dropping of the power of assent.
I wonder if it is wise to throw this in at this stage even if it is a mere matter of form.
Para 27 Legislature.
the options do not include a fixed term for the Is there a reason for this?
Para 29
: reference to the terms of office of members of the Executive. Again this is presumably a reference to the Executive Council and not to the "principal officials (equivalent to Secretaries)" referred to in Section 1 of Annex 1 of the Joint Declaration.
Telno 850
My only substantive comment here is that I do not think that "convention" is a suitable term to use for the practices that have grown up in Hong Kong. Those practices have given the Governor a considerable degree of independance vis-a-vis the United Kingdom and imposed on him a considerable degree of reliance on the advice of his Executive Council and the actions of the Legislative Council. But in essence these are practices which relate to the responsibility of a Crown servant to the Crown and the restrictions placed upon his freedom of action. I do not think it is wise to use the word "convention" in this respect and I would suggest we stick to the word "practice". In drafting terms this means that the word "this" in line 6 of the first para of this telegram should be replaced by the words "similar practices".
On a more detailed point I cannot immediately recall whether a power of The Queen is exercised by Parliament (para 1). 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.
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/Telno 851...
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