TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 38

175

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ZCZC

MILNAN 6367 OCMIAN 6367

SECRET

DD 02010OZ HOKON

FM FCOLN TO HOKON

011745Z APR

GRS 485

SECRET

FM FCO

TO DESKBY 020100Z HONG KONG

TELNO 591

OF 011745Z APRIL 86

SECRET

26367 2

HKR 01/1

4 APR 1986

(X

INDEX

AjB4/4.

INFO IMMEDIATE PEKING

176

YOUR TELNOS 936, 938 AND 939: REPRESENTATIVE GOVERNMENT, BASIC

LAW AND THE 1987 REVIEW

PENDING ANY FURTHER AMENDMENTS THAT EXCO MAY PROPOSE, WE

WOULD LIKE TO TAKE UP TWO POINTS IN YOUR FIRST TUR.

1.

2.

LEGAL ADVISERS ARE UNHAPPY WITH THE REVISED DEFINITION OF

'EXECUTIVE' IN PARA 12 OF YOUR SECOND TUR. THEY HAVE POINTED OUT

THAT THE STATEMENT IN PARA 12 THAT 'THE PRESENT EXECUTIVE IN HONG

KONG IS THE EXECUTIVE COUNCIL' IS INCORRECT: AND THEY NOTE THAT

THEIR VIEW AS SUMMARISED IN PARA 3 OF OUR TELNO 563 IS ENDORSED

IN PAGES 23 AND 24 OF THE 1986 HONG KONG YEARBOOK. THERE UNDER A

HEADING 'THE EXECUTIVE' IS A DESCRIPTION OF THE

ROLES OF THE CHIEF SECRETARY, THE FINANCIAL SECRETARY AND THE

DIRECTOR OF AUDIT AND A DESCRIPTION OF THE 'STRUCTURE OF THE

EXECUTIVE' WHICH INCLUDES THE FOLLOWING PASSAGE: 'THE EXECUTIVE

OF THE HONG KONG GOVERNMENT IS ORGANISED INTO BRANCHES AND

DEPARTMENTS. THE BRANCHES COLLECTIVELY FORM THE GOVERNMENT

SECRETARIAT.'

WHILE WE UNDERSTAND YOUR WISH TO EMPHASISE THE ROLE OF

EXCO IN YOUR PAPER, WE SHARE THE LEGAL ADVISERS' VIEW THAT A MORE

3.

1

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