TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 235

I)

J)

K)

L)

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1

EXECUTIVE, EXERCISED BY VIRTUE OF THE BL, MIGHT BE

DESCRIBED ... ETC UNQUOTE. WE ALSO THINK THAT IN C)

QUOTE DELEGATED TO UNQUOTE SHOULD BE CONFERRED ON

UNQUOTE. ON SUB-PARA D) WE ARE IN GENERAL AGREEMENT

WITH EXCO'S POINT D). HOWEVER WE SUGGEST THAT WE

SHOULD NOT GO INTO TOO MUCH DETAIL IN SPECIFYING THE

EXACT MAJORITY OF COUNCIL MEMBERS WHICH WOULD BE NEEDED

IF THE CHIEF EXECUTIVE WAS TO BE REQUIRED TO ACT IN

ACCORDANCE WITH THEIR ADVICE. WE AGREE THAT THERE SHOULD

BE NO REFERENCE TO A REQUIREMENT TO REPORT TO THE CPG IF

THE CHIEF EXECUTIVE WENT AGAINST COUNCIL ADVICE, BUT HE

SHOULD PERHAPS BE REQUIRED TO INCLUDE, IN THE COUNCIL RECORD HIS REASONS FOR HAVING DONE SO. E) SHOULD BE DELETED, AS ACCOUNTABILITY IS NOT REALLY A RESPONSIBILITY

AS SUCH.

WE THINK THAT IN PARA 9 FIRST SENTENCE COULD BE

STRENGTHENED BY ADDING QUOTE IN THE VIEW OF THE BRITISH

SIDE UNQUOTE AT THE START AND REPLACING QUOTE WOULD UNQUOTE WITH QUOTE SHOULD UNQUOTE. PARA 9 SHOULD ALSO

INCLUDE REFERENCE TO A POWER OF PARDON.

•

IN PARA 10 WE THINK POWERS B) C) AND F) ARE OF A LESSER

ORDER TO THE REST, AND COULD BE REMOVED TO THE END OF THE PARA TO FORM A NEW OMNIBUS D). CONSEQUENTIAL AMENDMENTS

WOULD THEN BE NEEDED TO REFERENCES IN PARA 11.

IN PARA 12 FIRST SENTENCE WE SUGGEST ADDITION OF QUOTE

WITHIN ITS POWERS UNQUOTE AFTER QUOTE LEGISLATION UNQUOTE

(TO ALLOW FOR THE POSITION OF THE NPC). WE ALSO SUGGEST

THE LAST SENTENCE BE DELETED: THIS IDEA RAISES ISSUES (EG

WHAT IF HE REFUSES TO SIGN THE BILL BECAUSE IT CONFLICTS

WITH THE BL?) WHICH WE NEED TO CONSIDER FURTHER.

IN PARA 13 WE SUGGEST DELETION OF QUOTE AFTER CONSULTING

THE CHIEF EXECUTIVE'S COUNCIL UNQUOTE. WE ALSO SEE A

NEED TO AVOID THE REQUIREMENTS AT A) AND B) BECOMING

JUSTICIABLE. THIS MIGHT BE DONE BY ENDING THE FIRST

SENTENCE AFTER THE FIRST QUOTE LEGISLATURE UNQUOTE AND

THEN ADDING QUOTE IN PRACTICE THIS MIGHT BE

ETC

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