TNAG-1441-FCO40-1925-Constitutional-development-in-Hong-Kong-1987 — Page 187

ZCZC

HMLNAN 7394

CONFIDENT-FAL

TT PEKIN

TT FCOLN

FM HOKON TO PEKIN

12065OZ JUN

GRS 500

08297

CONFIDENTIAL

FM HONG KONG

TO TELELETTER PEKING

TELELETTER CR L/M 393/85

OF 12065OZ JUNE 86

INFO TELELETTER FCO

FROM:

FOLLOWING FOR:

COPIED TO:

A.L. LANG, ESQ., CLERK OF COUNCILS, HONG KONG D. BLUNT, ESQ., PEKING

C. LEEKS, ESQ., HONG KONG DEPARTMENT, FCO.

PROCEDURES FOR MAKING SUBSIDIARY LEGISLATION

AT THE EXECUTIVE COUNCIL MEETING ON 10 JUNE, THE COUNCIL AGREED THAT TWO PROPOSALS SHOULD BE PUT TO THE LEGISLATIVE COUNCIL TO MAKE MINOR CHANGES IN THE PROCEDURES FOR MAKING SUBSIDIARY LEGISLATION. THE PROPOSALS WILL BE ANNOUNCED ON 13 JUNE. SINCE IT IS JUST POSSIBLE THAT THE CHINESE MIGH OVERESTIMATE THE SIGNIFICANCE OF THE PROPOSALS AND REACT ACCORDINGLY, THE GOVERNOR HAS DIRECTED THAT YOU SHOULD BE INFORMED OF THE BACKGROUND, FOR USE IN CASE (AND ONLY IN CASE) AN EXPLANATION S SOUGHT.

2. UNDER A NUMBER OF HONG KONG ORDINANCES, CERTAIN BODIES AND INDIVIDUALS (E.G. EXCO, URBAN COUNCIL, REGIONAL COUNCIL, CHIEF JUSTICE) HAVE BEEN DELEGATED THE POWER BY LEGCO TO MAKE SUBSIDIARY LEGISLATION (E.G. REGULATIONS, RULES, ORDERS, NOTICES). SUCH LEGISLATION IS GENERALLY CONCERNED WITH MATTERS OF MINOR OR