TNAG-1443-FCO40-1927-Constitutional-development-in-Hong-Kong-1986 — Page 220

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expect that of us. In consequence it would be more appropriate for power to be delegated to the Chief Executive (Designate).

This

would allow the Chief Executive (Designate) to acquire authority and experience, as he must, by giving him a free hand for all practical purposes within his area of autonomy. But it would leave ultimate authority with the Governor, as the representative of HMG, and allow for the resumption of power by him in the event of a crisis.

7. It may be considered that to maximise Hong Kong's autonomy the Chief Executive (Designate) ought to be left free to act upon his

mandate in the

best interests of Hong Kong. If we retain until 1997 the power to overrule the actions of the Chief Executive (Designate) will this create a precedent for the exercise of a similar overriding power by the Central People's Government after 1997? It is clear from the provisions of the Joint Declaration, however, that in this area. there cannot and will not be "convergence". Before 1997 HMG's responsibility for the administration is unqualified: it follows from this that the ultimate authority in every field must lie with

HMG.

After 1997 the extent of Hong Kong's autonomy is as stipulated in the Joint Declaration. Within that area the Central People's Government will not have the power to override the actions of the Chief Executive. That position will not be affected by the extent to which power is delegated to a Chief Executive (Designate) before

1997.

(ii) The Extent of the Delegation of Powers

8. The main paper notes (para 4) that the present powers of the Governor and the future powers of the Chief Executive under the Joint Declaration will not be identical. It would seem most practicable if the Chief Executive (Designate) was endowed with his powers on a progressive basis. This would mean that there was no abrupt change, and that he could be given time to establish his position. The objective would be to ensure that he was exercising all the powers of the office of Chief Executive of the Hong Kong SAR by the time that office came into existence on 1 July 1997.

A progressive delegation on these lines would substantially improve the prospects of a transfer of government in conditions of

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