RESTRICTED
FM FCO
TO DESKBY 10010OZ HONG KONG
TELNO 621
OF 09161OZ MARCH 89
RESTRICTED
147
020626
MDHOAN 6890
HKB 011/3
MIPT: FAC: HONG KONG: THE SYSTEM OF GOVERNMENT
1. WE HAVE THE FOLLOWING COMMENTS ON THE PAPER SENT TO FOOTMAN
BY FACSIMILE.
•
(A) PARA 1 FIRST SENTENCE: WE SUGGEST THIS SHOULD END QUOTE.. THE LETTERS PATENT 1917-1988 AND ROYAL INSTRUCTIONS 1917-1988
UNQUOTE.
/
•
(B) PARA 1 FOURTH SENTENCE: WE SUGGEST DELETING QUOTE AND HAS...HONG KONG UNQUOTE. THE QUOTE ULTIMATE UNQUOTE DIRECTION OF THE HONG KONG GOVERNMENT RESTS WITH THE QUEEN ON THE AD RULE OF THE SECRETARY OF STATE.
(C) PARA 2, PENULTIMATE SENTENCE: WE SUGGEST THIS SHOULD END QUOTE THIS HAS ALWAYS BEEN DONE IN CLOSE CONSULTATION WITH THE HONG KONG GOVERNMENT UNQUOTE. THE PRESENT FORMULATION IMPLIES THAT THE AGREEMENT OF THE HONG KONG GOVERNMENT IS NECESSARY BEFORE LEGISLATION CAN BE EXTENDED TO HONG KONG, WHICH IS NOT FORMALLY THE CASE.
(D) PARA 3, SECOND SENTENCE: WE SUGGEST THIS SHOULD END QUOTE... DISALLOWANCE BY HER MAJESTY ON THE ADVICE OF THE SECRETARY OF
STATE UNQUOTE.
(E) PARA 3: WE BELIEVE THE POWER OF DISALLOWANCE WAS LAST EXERCISED IN 1914, ON THE SUGAR CONVENTION ORDINANCE OF 1913 (YOUR TELNO 1446 OF 10 APRIL 1987):
.
(F) PARA 4 FIRST THREE SENTENCES: WE SUGGEST THESE SHOULD READ QUOTE THE LETTERS PATENT ALSO GIVE THE QUEEN IN COUNCIL AND THE SECRETARY OF STATE POWERS TO INSTRUCT THE GOVERNOR IN THE EXERCISE OF HIS FUNCTIONS. IN PRACTICE, ON VIRTUALLY ALL INTERNAL MATTERS... UNQUOTE.
(G) PARA 5, SECOND SENTENCE: WE SUGGEST THIS SENTENCE SHOULD BE DELETED. THE FCO IN PRACTICE HAS TO LEAD ON MANY IMPORTANT ASPECTS OF HONG KONG'S EXTERNAL AFFAIRS, INCLUDING OF COURSE NEGOTIATIONS WITH CHINA ON HONG KONG'S FUTURE. YOU MAY WISH TO ADD FURTHER EXAMPLES IN WHICH HONG KONG HAS EFFECTIVE AUTONOMY TO THE
THIRD SENTENCE OF THIS PARAGRAPH.
(H) PARA 5, THIRD SENTENCE: WE SUGGEST THIS SHOULD BEGIN QUOTE THE GOVERNOR HAS HOWEVER... UNQUOTE.
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