CONFIDENTIAL
054447
19
MO HOAN
CIRCUMSTANCES. THE GOVERNOR HAS NO SUCH LEGAL RESTRICTIONS ON HIS POWER OF REFUSING CONSENT OR DISSOLUTION.
IN
AS REGARDS THE EXECUTIVE POWER, THE GOVERNOR HAS AN
HE MAY AT LEAST UNRESTRICTED POWER TO CARRY ON THE GOVERNMENT.
THE CHIEF PRINCIPLE, IGNORE THE ADVICE OF THE EXECUTIVE COUNCIL. EXECUTIVE WILL HAVE A GENERAL POWER TO QUOTE LEAD THE GOVERNMENT UNQUOTE, TO DECIDE GOVERNMENT POLICIES AND TO ISSUE EXTENSIVE ORDERS. THE GOVERNOR IS SUBJECT TO THE DIRECTIVES OF THE SECRETARY OF STATE. THE CHIEF EXECUTIVE WILL BE REQUIRED QUOTE TO IMPLEMENT THE DIRECTIVES ISSUED BY THE CPG IN RESPECT OF IT IS BY THE RELEVANT MATTERS UNQUOTE PROVIDED IN THE BASIC LAW. NO MEANS CLEAR WHAT THIS LAST PASSAGE IS INTENDED TO MEAN.
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IT IS NOT POSSIBLE TO FORECAST HOW THE CHIEF EXECUTIVE WILL USE HIS POWERS AFTER 1997. CLEARLY HE WILL NEED TO HAVE THE CONFIDENCE OF THE COMMUNITY IN HONG KONG AS WELL AS OF THE CPG IF HE IS TO GOVERN EFFICIENTLY. THE ARRANGEMENTS ALSO PROVIDE FOR A BALANCE BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE. THERE IS NO REASON TO BELIEVE THAT THE CHIEF EXECUTIVE WOULD USE HIS POWERS IN AN OPPRESSIVE WAY AFTER 1997.
(C) POWERS OF HONG KONG AUTHORITIES. A NUMBER OF ORDINANCES (PUBLIC ORDER, POLICE FORCE, EDUCATION) GIVE FAR-REACHING POWERS TO THE HONG KONG AUTHORITIES (E.G. HONG KONG POLICE ENJOY EXTENSIVE POWERS OF CENSORSHIP: EDUCATION ORDINANCE DOES NOT ALLOW POLITICAL EDUCATION). IS ANYTHING BEING DONE TO CHANGE THESE POWERS WITH AN EYE TO THE POSITION AFTER 1997?
(WE WOULD BE GRATEFUL FOR YOUR SUGGESTIONS ON HOW THIS MIGHT BE HANDLED. IS THE REFERENCE TO THE EDUCATION ORDINACNE CORRECT?)
HOWE
YYYY
ΜΑΙΝ
32
LIMITED
HKD
FED
PRU
PS
ADDITIONAL
2
DISTRIBUTION
34
PS/MRS CHALKER
PS/LORD GLENARTHUR PS/PUS
MR GILLMORE
MR MCLAREN
MR FIFOOT, LEGAL ADVISERS
PAGE
2
MR EDWARDS, LEGAL ADVISERS CONFIDENTIAL
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