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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