TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 255

CARRY ON THE SERVICES OF THE GOVERNMENT FOR A LIMITED PERIOD UNTIL A NEW LEGISLATURE HAS BEEN ELECTED.

15. AGAIN, HOWEVER, IT WOULD SEEM ADVISABLE FOR THE BASIC LAW TO PROVIDE FOR APPROPRIATE BALANCES TO THE POWER OF THE CHIEF EXECUTIVE IN THIS REGARD. THESE MIGHT INCLUDE, AS NOW, A PROVISION FOR FRESH ELECTIONS TO THE LEGISLATURE TO BE HELD WITHIN A SPECIFIED TIME LIMIT FOLLOWING DISSOLUTION. THEY MIGHT ALSO INCLUDE A PROVISION TO THE EFFECT THAT THE CHIEF EXECUTIVE COULD NOT DISSOLVE THE LEGISLATURE ON MORE THAN ONE OCCASION WITHIN EACH TERM OF OFFICE.

INFLICT IN THE EVENT OF DISPUT ARISING FOR A SECOND TIME BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE, THE CHIEF EXECUTIVE MIGHT BE REQUIRED EITHER TO WITHDRAW THE POLICY OR PIECE OF LEGISLATION TO WHICH THE LEGISLATURE OBJECTED, OR TO STEP DOWN PENDING THE HOLDING BY THE GEC OF NEW ELECTIONS TO THE POST OF CHIEF EXECUTIVE.

DISMISSAL

16. IT WOULD SEEM NECESARY FOR THE BASIC LAW TO INCLUDE REFERENCE TO THE PROCEDURES FOR DISMISSAL OF THE CHIEF EXECUTIVE ON GROUNDS

OF:

UNCLEAR:

| ANY CONFLIC

OR CONfact TWICE ON

SAME ISSUE

(A)

CRIMINAL OFFENCE:

(5) GROSS MISCONDUCT OR GROSS DERELICTION OF DUTY:

(C) INCAPACITY,

17.

WHILE THE POWER OF DISMISSAL WOULD REST WITH THE CENTRAL PEOPLE'S GOVERNMENT, IT WOULD SEEM DESIRABLE FOR IT TO BE EXERCISED ONLY AT THE REQUEST, OR WITH THE CONSENT, OF A SUBSTANTIAL PROP- ORTION OF THE SAR LEGISLATURE (SAY, NOT LESS THAN TWO-THIRDS OR PERHAPS EVEN THREE-QUARTERS). THE BASIC LAW MIGHT ALSO INCLUDE PROVISIONS ENABLING THE CHIEF EXECUTIVE TO RESIGN IN CIRCUMSTANCES IN WHICH HE FEELS UNABLE TO CONTINUE IN OFFICE.

ENDS

WILSON

HHINAN 4779

HONG KONG AGREEMENT : RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH DEPT.(FE)

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

DEP/HD PUSD

PS/LORD GLENARTHUR

MR MC LAREN MR GILLMORE

Secret

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