TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 162

SUBJECT

Secret

POSSIBLE OPTIONS

CONSTITUTIONAL ARRANGEMENTS

1. AUTONOMY OF SAR

PREFERABLY SPECIFY POWERS RESERVED TO CPG, WITH BALANCE VESTED IN SARG.

THE LAWS

2. POWERS FOR SAR LEGISLATURE

TO MAKE LAWS WITH EXTRA-

TERRITORIMAL EFFECT, AND TO DELEGATE AUTHORITY FOR MAKING SUBSIDIARY LEGISLATION.

3. LEGISLATIVE PROCEDURE AND

STANDING ORDERS.

SUCH POWERS SHOULD BE PROVIDED IN THE BASIC LAW.

MAHNTAIN EXISTING SYSTEM BUT SAR LAWS TO BE REPORTED TO MPC STAND-

#ING COMMITTEE FOR THE RECORD. NO DISALLOWANCE EXCEPT WHERE ANCON- SISTENT WITH BASIC LAW.

JUDICIAL SYSTEM

4. STRUCTURE OF SAR COURTS

5. APPOINTMENT OF JUSTICES OF THE PEACE.

6. PREROGATIVE OF MERCY

MAINTAIN PRESENT STRUCTURE BUT ADD COURT OF FINAL APPEAL ABOVE COURT OF APPEAL.

RETAIN EXISTING SYSTEM.

PREFERABLY LEAVE TO SAR LEGISLATURE TO DECIDE WHETHER CAPITAL PUNISH- MENT SHOULD BE REINTRODUCED.

THE PUBLIC SERVICE

7. SECURITY OF PENSIONS

*N LAW

8. ADJUSTMENT OF PENSIONS *N LINE WITH COST OF LAWING

9. ROLE OF ADVISERS''

10. TRANSFER OF SAR PUBLIC SERVANTS TO PRC

ECONOMIC SYSTEM

THES SHOULD BE PROVIDED.

MAINTAIN EXISTING SYSTEM,

JD SAYS ''ON TERMS NO LESS FAVOU- RABLE THAN BEFORE''.

SEEK CLARIFICATION FROM CHINESE.

NO TRANSFER EXCEPT STRICTLY ON A VOLUNTARY BASIS.

/11.

-7-

Secret