TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 2

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

discussion

the suggested consultation programme, outlined in paragraphs 7 to 9 below taking account of

the political difficulties identified in paragraph 11.

Proposed Consultation Programme

6

Although attempts have been made to write the draft discussion paper in plain English the LAPG was minded that any discussion of interim declarations against the Crown necessarily will involve complex legal issues and concepts that may not be easily understood by non-lawyers. The LAPG proposed that the discussion paper initially be sent only to the persons and groups named in Annex B, all of whom (except for OMELCO members) have a legal background. The reasons for initially limiting the circulation in this way are as follows :-

(a) It is anticipated that, because of the

subject matter of

of the draft discussion paper, lawyers will lead the public debate, if any,

on

the proposal.

Non-lawyers are likely το await the

views of lawyers opinion.

before expressing an

before

interim

(b) The proposal for

declarations may be misunderstood

by the general public as involving civil liberties issues (which it does not) causing them to react instinctively. The members of the LAPG were concerned that reasoned discussion of the proposal might be precluded if political pressure groups intentionally mis-construed the issues.

(c)

The Government should adopt a low-key approach to the consultation and in order to avoid

discussion processes elevating into a major controversy a proposal which is, in

reality, quite

minor and unlikely to

have much

practical significance to persons other than lawyers. At the present time few

people other

than lawyers will be the proposal but, if the

interested in

Government

seeks

widespread

and

be

has some

extensive consultation it might perceived that the proposal unapparent importance.

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