TNAG-1443-FCO40-1927-Constitutional-development-in-Hong-Kong-1986 — Page 77

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purposes.

It would

therefore

be

preferable to devolve powers.

would seem less recoverable.

But this

resentationally they

arrangement would still 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.

(ii) The Extent of the Delegation of Powers

7. 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 devolution on these lines would

these lines would substantially improve

the prospects of a transfer of government in conditions of

stability. Up to 30 June 1997, as discussed above, HMG would retain

the ultimate authority. After 1 July 1997 the Hong Kong SAR would

enjoy the autonomy defined in the Joint Declaration.

8. All the powers now the responsibility of the Governor

Governor which

would not be exercised by the Chief Executive after 1997 would be

retained by the Governor until 1997. The Governor's position would

in some respects be similar to that of a Governor in the last (fully internally self-governing) phase before independence of a colony: he would remain responsible for defence and foreign affairs, and in the

last resort for security, but day-to-day internal administration would be in the hands of the local government. After 30 June 1997

some of the Governor's powers (eg in the areas of defence and foreign relations) would pass

to the Central People's Government:

others (eg the powers of disallowance and the power to override the

actions of the Chief Executive on the instructions of HMG) would

end.

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