TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 107

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CONFIDENTIAL

FROM:

DATE:

цвет чана Um Leeba

CO Hum

22 September 1976

377

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Mr Fifoot Legal Advisers

cc Dr Wilson

RECEIVED IN REGISTRY

Thank you.

F25019

14 OCT 1986

23 ix 19

(376

DESK OFFICER

OEMISTRY

INDEX

PA

Action Taken

HONG KONG: STRUCTURE OF GOVERNMENT

1.

Thank you for your minute of 18 September about how

the Basic Law might deal with the composition of the

legislature.

2.

As it happens this point came up in the discussions

which Dr Wilson and I had with the Governor. We see some

disadvantage if the composition of the legislature can be changed only by an amendment

amendment to the Basic Law. As a very

general rule it would seem undesirable for the Basic Law to

be amend ed too readily or too frequently, because of the

obvious risk that this would

would create precedents that could

be used to the detriment of Hong Kong's autonomy. At the

same time

time we agree that the Chinese would wish to have the

last word on any proposal to vary the composition of the legislature.

3.

A possible compromise that occurred to us was a

provision in the Basic Law to the effect that the

legislature would have the following composition: that composition could henceforth be varied by a two thirds

majority vote in the legislature, subject to the approval

of the National People's Congress. This approach would

allow for flexibility; give the legislature power to

initiate a change in its composition; but leave the last word with the Chinese where they no doubt feel it should

belong.

Conten

22 September 1986

CO Hum

Hong Kong Department

CONFIDENTIAL