CONFIDENTIAL
05560 MDHIAN 371
ON THE BASIS OF THE ABOVE, THE ANSWER TO THE QUESTION IS THAT WE INTEND TO HAND OVER HONG KONG AS IT STANDS ON PAPER AND AS IT WORKS IN PRACTICE AND THAT WE WILL MAKE SURE THAT THE BASIC LAW WHICH WILL APPLY TO HONG KONG FAITHFULLY REFLECTS THE INTENTIONS OF THE JOINT DECLARATION.
(B) POWERS OF THE GOVERNOR. ARE THE POWERS OF THE CHIEF EXECUTIVE
AS
AID DOWN IN THE BASIC LAW BROADLY THE SAME AS THE GOVERNOR'S POWERS UNDER THE PRESENT SYSTEM? IS THERE A RISK THAT THE GOVERNOR'S VERY EXTENSIVE POWERS, MANY OF WHICH HAVE NOT BEEN USED IN PRACTICE FOR A LONG TIME, COULD BECOME POLITICALLY OPPRESSIVE UNDER THE POST- 1997 REGIME? IS ANYTHING BEING DONE TO REDUCE THIS RISK?
WE AGREE WITH MOST OF THE POINTS YOU MAKE IN THIS REGARD IN YOUR TELNO 704. UNDER THE THIRD TIRET, THE FIFTH SENTENCE CONTAINS AN INCOMPLETE QUOTE FROM ARTICLE 48(8) OF THE SECOND DRAFT BASIC LAW. FOR THE RECORD, THE RELEVANT SECTIONS READS QUOTE IN RESPECT OF THE RELEVANT MATTERS PROVIDED FOR IN (THE BASIC) LAW UNQUOTE. WE ALSO SUGGEST THE DELETION OF THE SIXTH SENTENCE WHICH FOLLOWS AS IT IS MISLEADING.
WE BELIEVE THAT TWO ADDITIONAL POINTS SHOULD ALSO BE MADE IN ORDER TO ALLAY FEARS THAT ANY POST-1997 CHIEF EXECUTIVE WOULD BE TEMPTED TO EXERCISE HIS FULL POWERS WITHOUT ANY SANCTION.
THE FIRST ADDITIONAL POINT TO MAKE IS THAT THE DRAFT BASIC LAW ALREADY STIPULATES THAT THE ULTIMATE AIM IS TO SELECT THE CHIEF EXECUTIVE THROUGH GENERAL ELECTION (ARTICLE 45). WHEN THIS HAPPENS, IT WILL ACT AS A VERY STRONG DISINCENTIVE FOR ANY EXERCISE OF EXCESSIVE POWERS BY THE CHIEF EXECUTIVE. IN THE INTERIM, UNDER THE PROPOSED SYSTEM OF INDIRECT ELECTION THE SAME DISINCENTIVE ALSO APPLIES, ALTHOUGH ITS EFFECTS ARE LESS DIRECT.
THE SECOND ADDITIONAL POINT TO MAKE IS THAT THE CHIEF EXECUTIVE IS LIABLE TO IMPEACHMENT PROCEEDINGS TO BE INSTITUTED AGAINST HIM IF THE SAR LEGISLATURE PASSES WITH A TWO-THIRDS MAJORIRYT A MOTION FOR IMPEACHMENT FOR SERIOUS BREACH OF LAW OR DERELICTION OF DUTY (ARTICLE 72(9)). THIS PROVIDES AN EFFECTIVE CHECK ON THE EXERCISE OF POWERS BY THE CHIEF EXECUTIVE. IN A SIMILAR VEIN ARTICLE 52 OF THE SECOND DRAFT BASIC LAW PROVIDES FOR THREE DIFFERENT CIRCUMSTANCES UNDER WHICH THE CE IS OBLIGED TO OFFER HIS RESIGNATION.
2
PAGE CONFIDENTIAL
No comments yet.
Private notes are available after approval.