TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 101

LEGISLATURE. THEY ALSO CONSIDER THAT THE IMPORTANCE OF THE POWER AT PARAGRAPH 17(C) SHOULD BE MORE STRONGLY EMPHASISED. WE THEREFORE SUGGEST THAT THE 4TH AND 5TH SENTENCES BE REWORDED AS FOLLOWS :

''TEM (C) WOULD ALSO BE ESSENTIAL AS A MEANS OF ENSURING THAT THE EXECUT HVE RETAINS THE POWER TO PLAN AND CONTROL PUBLIC EXPENDITURE. ON THE OTHER HAND, IF IT WERE CONCLUDED THAT THE CHIEF EXECUTIVE SHOULD NOT BE PRESIDENT OF THE LEGISLATURE, thT MIGHT BE APPROPRIATE TO TRANSFER TO THE PRESIDENT THE POWERS LISTED IN PARAGRAPH 17(B) (D) AND (F), IN ADDITION TO THE POWERS LISTED IN PARAGRAPH 18. ་,

(G) PARAGRAPH 21 : MEMBERS ADVISED THAT THEY WOULD PREFER TO RETAIN THE SUGGEST PON THAT THE CHIEF EXECUTIVE WOULD ONLY EXERCISE HIS POWER TO DISSOLVE THE LEGISLATURE AFTER CONSULTING THE EXCO. NOTWITHSTANDING THE COMMENT AT PARAGRAPH 1(L) OF YOUR TELNO 1789, WE WOULD SUGGEST THAT THE 1ST SENTENCE BE REWORDED AS FOLLOWS :

་ ''AS A FURTHER CHECK, THE CHIEF EXECUTIVE MIGHT HAVE THE POWER TO DISSOLVE THE LEGISLATURE. HE SHOULD BE REQUIRED TO TAKE THE ADVICE OF HIS EXECUTIVE COUNCIL BEFORE DOING SO.'*

THE EXECUTIVE (NOTE 2)

(H) PARAGRAPH 14 1ST SENTENCE : AMEND TO READ :

''THE GOVERNMENT OFFICIALS WHO ARE MEMBERS OF THE LEGISLATIVE COUNCIL AND, IN PARTICULAR, THE THREE EX-OFFIC10 MEMBERS WHO ARE ALSO EX-OFFICIO MEMBERS OF THE EXECUTIVE COUNCIL, PLAY AN IMPORTANT ROLE IN INTRODUCING GOVERNMENT BUSINESS

THE LEGISLATURE (NOTE 3)

1

11

1

(M) PARAGRAPH 7(C) : INSERT THE WORDS TO GIVE REASONABLE SUPPORT TO THE CHIEF EXECUTIVE AND

....

AFTER THE WORD 'CHOSEN'' AND BEFORE THE WORD

.'יסדיי

2. WE LOOK FORWARD TO RECEIVING YOUR COMMENTS ON OUR SUGGESTED AMENDMENTS, TOGETHER WITH ANY FURTHER CHANGES ARISING FROM THE MEETING BETWEEN THE SECRETARY OF STATE AND THE GOVERNOR. IN THE MEANTIME WE ARE FINALISING TRANSLATION AS FAR AS POSSIBLE.

FORD

LUAN SG87

HONG KONG AGREEMENT : RESTRICTED

LIMITED

HD/HKD

HO/FED

RESEARCH DEPT.(FE)

DEP/HD PUSD

PS/LORD GLENARTHUR

PS/MR EGGAR

MR MCLAREN

MR GILLMORE

-2-

SECRET

COPIES TO:

MR FIFOOT, LEGAL ADVISERS