TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 110

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inevitably some overlap. There is also a certain amount of detail, more than was necessary in the first two sets of papers.

This may

be a little forbidding at first sight. In part this reflects the cast of mind of ExCo, who are closer to the subject than we are and have strong views. In part this reflects Hong Kong drafting: we simply do not have the time to re-write the papers. But I think detail probably is necessary. The Basic Law will have to include specific provisions dealing with the terms of office, powers and functions of the various government institutions: and it is only sensible to put clearly on record our thinking on all these aspects. I doubt whether the Chinese will be overly disconcerted by the length of the papers.

9.

Our overall objective remains to persuade the Basic Law drafters that so far as possible the present system should be retained because it is familiar to Hong Kong people, and because it

works. The only major changes needed should be those which are

necessary to ensure compliance with the provisions of the Joint

Declaration (eg a legislature "constituted by elections").

10. With this objective in mind the individual papers cover the following ground:

A

a)

The covering paper

This recalls earlier papers passed to the Chinese, links these

to the new set and introduces the topics to be covered;

B

b)

Note 1: The Chief Executive

This considers possible alternative ways of selecting the Chief Executive. Ministers will wish to note that it tilts away from direct elections for this purpose, which it suggests could constitute a major and potentially disruptive change: instead it

suggests that a role might be played a "grand electoral college" (a concept which we know also attracts the Chinese). Subsequent

sections deal with the Chief Executive's term of office and

powers and functions; with his power to dissolve the legislature and with the legislature's balancing power to remove the Chief Executive on certain specified grounds;

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