TNAG-1597-FCO40-2182-Hong-Kong-1987-Review-of-Representative-Government-1987 — Page 25

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OUR TELNO 316: POLITICAL REVIEW: COLONIAL LAWS VALIDITY ACT

1. THERE IS CONSIDERABLE INTEREST IN THIS SUBJECT BUT HAS ONLY COME TO THE FORE IN THE LAST FEW DAYS WHEN T S LO HAS BEEN ENCOUR- AGING SPECULATION OF AN ALLEGED BRITISH PLAN TO INTRODUCE SELF GOVERNMENT IN HONG KONG AND THUS PRE-EMPT 1997. (T S LO IS OF COURSE STRONGLY OPPOSED TO ANY INCREASE OF REPRESENTATIVE GOVERNMENT)

2. THE MATTER WAS RAISED IN EXCO TODAY. A NUMBER OF MEMBERS EXPRESSED CONCERN THAT THE ISSUE WOULD BE EXPLOITED BY THE PRC IN THE CONTEXT BOTH OF DIRECT ELECTIONS IN THE 1987 REVIEW AND ALSO WITH REGARD TO THE BALANCE OF POWER BETWEEN THE EXECUTIVE AND THE

LEGISLATURE.

3. MIFT CONTAINS A NOTE BY THE ATTORNEY GENERAL ON THE LEGAL POSITION. WE SHOULD BE GRATEFUL FOR LEGAL ADVISERS' AND OTHER COMMENTS ON THIS. WHILE THE PURELY LEGAL POSITION DOES SEEM TO BE HELD BY THE REFERENCE IN THE ACT TO THE OVERRIDING POSITION OF THE LETTERS PATENT AND ROYAL INSTRUCTIONS, THE NOTION THAT A CRISIS COULD DEVELOP BETWEEN A REPRESENTATIVE'' LEGISLATURE AND THE GOVERNOR/HMG COULD BE VERY DAMAGING. IN POLITICAL TERMS SUCH A SITUATION WOULD NOT (NOT) DEPEND ON THE PROVISIONS OUTLINED IN THE COLONIAL LAWS VALIDITY ACT, ALTHOUGH THIS HAS BEEN USED TO

BRING THE ISSUE TO PUBLIC ATTENTION.

4. WE DO NOT (NOT) INTEND TO VOLUNTEER ANY STATEMENT ON THIS BUT WILL DRAW ON THE AG'S POINTS IF NECESSARY IN ANSWER TO DIRECT QUESTIONS. WE SHALL NOT BE DRAWN ON THE MEANING IN THE ACT OF ''ELECTED MEMBERS ALTHOUGH IT WOULD BE HELPFUL TO HAVE YOUR VIEW ON WHETHER REPRESENTATIVES FROM FUNCTIONAL OR ELECTORAL COLLEGE CONSTITUENCIES WOULD COME WITHIN THIS TERM.

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