TNAG-1845-FCO40-2620-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 93

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

"1989-03-23 13:35 G.L.S

33 P.05

Governor:

Well.

we're not of course negotiating Basic Law but those are the points. some of the points, which are and therefore Kong for consideration

the people in Hong key consideration as we see it in the Hong Kong Government

the

the

key

as well.

David Howell:

Well if we could just focus of the further development of aspect particular government and barticularly the powers of the Chief Taylor would you like to put some points on this.

ourselves

on

representative

Executive. Mz.

are

article

0:

The powers of the proposed Chief Executive set cut in Articles 43 to 58 and particularly those listed in

Could you just comment in respect of Article 48 whether you think

would full extent of those powers are

48.

the further?

necessary.

or

YOU go

Governor:

the

Letters 1997.

to jay GOW!. moment for the they appear

Well. there's a general point on powers of

that I have as Governor. Chief Executive in comparison with the powers The powers which the Governor of Hong Kong has depend on the Patent and the Royal Instructions, they lapse at the end of June All the powers of the Chief Executive will be the powers laid down

Law. Basic Law. the

The Basic

see it. attempts as I

the at either

exist in practice powers as they Governor, which are very different indeed from hoW theory and we try to lay out some of those points in a the Hong Kong Government has submitted to the Committee.

there could addition

where to deal with some points constitutional problem, for instance, a problem of, a the executive and the legislature and how to resolve that problem and in that area the Basic Law goes beyond what is laid - in the powers of the Governor as at present.

in paper which And then ic be a

clash between particular

down

Q:

That's article 50 on dissolving the

Governor:

That's Article 50 on dissolving, there's an article which deals with the impeachment Executive and that is not a power which exists at the moment.

and of the

ther Chie:

50

C:

In practice, therefore, including Article

listed here are capable of bein do you think that the powers that are carried out by the future Chief Executive. in other words. realistic powers ?

they ar:

Governor:

be

differen

I mean

I don't see any reason why they shouldn't the one general comment I would make on that is that with a structure. being evolved under the Basic Law, and by that different sort of legislature. one that is going to be totally electe

4

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