TNAG-1444-FCO40-1928-Constitutional-development-in-Hong-Kong-1986 — Page 56

布政司署

香港下亞厘畢道

本署檔號 OUR REF:

COU CR L/M 238/86

來函檔號 YOUR REF:

RESTRICTED

Clinton Leeks, Esq

Hong Kong Department

Foreign and Commonwealth Office

FCO Whitehall, SW1

ENGLAND

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

11 October 1986

Dea Chita

A

The Governor has asked me to draft a pamphlet on the way in which the Executive Council works. copy of the draft is enclosed. This will be a successor to "The Legislative Council: Behind the Scenes" written by that distinguished man of letters, A.L. Lang.

Paragraph 2 of page 5 includes a statement

that it would be unconstitutional for HMG to order the Governor to act contrary to the provisions of the Letters Patent and the Royal Instructions, but acknowledges the Secretary of State's right to issue instructions to supplement either or both.

The Law Draftsman, James O'Grady, is confident that this statement is correct but before we issue the booklet I would be grateful if you could ask the FCO legal advisers whether they would agree.

Encl

(Alistair Lang)

RESTRICTED