TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 141

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

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2

Redacted under FOI Exemption S 27(1),

7.

(in

Note 1 follows on from earlier consideration Paper II of May 1986) of

the method of selection of the Chief Executive and his powers and functions.

8.

Note 2 examines, in greater detail than hitherto, the role and composition of a future equivalent of the present Executive Council, and the relationship between the executive and the legislature.

9.

Note 3 follows on from earlier consideration (in Paper II of May 1986 and Note 2 of October 1986) of the composition and functions of the legislature.

10.

Notes 2 and 3 both touch on the importance of maintaining a close and co-operative relationship between the executive and the legislature in the interests of ensuring that government business continues to be conducted efficiently. They follow on from earlier consideration of this point in Note 1 of the papers handed over in October 1986.

11.

In all three notes reference is made to the possible role of a broadly-based "grand electoral college" (GEC). Suggestions for such a body have emerged in the context of the drafting of the Basic Law. The concept was also touched upon in the papers of May and October 1986. The idea that a proportion of the legislature might be elected by a GEC has been put forward as a matter for discussion, for the longer term, in the Green Paper: "The 1987 Review of Developments in Representative Government" There is, of course, no equivalent body in Hong Kong's present system of government, nor any specific provision for such a body in the Joint Declaration. It is not possible at this stage to predict how the concept might be received in Hong Kong. An important factor in encouraging its acceptance might be to make clear that such a body would not be an institution of government as such, but would be convened only as required to carry out its specific functions. If such a body seemed desirable the possible composition and methods of selecting members would require further consideration.

12.

In preparing the attached notes, the British side has taken careful note of

G.F. 316

It has also kept firmly in mind the importance of preserving, as far as possible, the successful elements of the present system of government and of achieving a structure capable of sustaining the high degree of autonomy provided for in the Joint Declaration. In considering these issues the British side has paid particular regard to the following factors :

/cont'd.

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