TNAG-1455-FCO40-1978-Hong-Kong-Letters-Patent-amendments-1986 — Page 95

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Argument

8.

I share Hong Kong's view that it would improve the

handling of official business if Unofficial membership on

the Council were now increased. It remains important that

Government business i s seen to be well handled in LEGCO,

and that the Goverment i s seen to respond promptly to Unofficial questioning on matters of policy. Officials

recently had to admit that an ex-officio membe was

inadequately briefed to answer on an important public issue (the triad problem).

9.

Legal Advisers see no constitutional difficul ty with what is proposed. Such an

increase will not change

(where Unofficials

Legal Advisers suggest,

the balance in the Legislature

outnumber Officials by 46 to 10).

however, that it might be best to provide for an increase

of more than two (not more than four, say), to insure

against future contingencies. This seems sensible to me,

and should obviate further minor amendments to the Letters

Patent, at least until after the 1987 review of

constitutional development; it would not be necessary to

fill all four vacancies, at least initially. If this

proposal i s to be pursued, Legal Advisers propose that it

be combined with another amendment now being considered, relating to the disposal of land in the territory. (This

would delete "in Our name and" from Article XIII(1),

that land leases no longer need to be issued in the name

of the Crown.) This also seems sensible to me.

10.

SO

I see no reason why the Chinese should have

difficulty with what is now proposed, and agree with the Government and HM Ambassador in Peking that they are more likely

to welcome the change. Nevertheless, if and when

Unofficials and the Hong Kong Administration do agree that this proposal should be formally pursued, we should, as

CONFIDENTIAL

/the

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