TNAG-2009-FCO40-2861-Hong-Kong-constitutional-development-Chief-Executive-1990 — Page 4

b). it can be done within the framework of the draft Basic Law;

c). it thus provides for convergence of system, though not of persons; and it gives us an opportunity for

providing a model of genuine and meaningful indirect election for the Chief Executive, which can be held up for comparison with what the the Chinese might otherwise be minded to adopt;

d). it would also suit our own interests gradually to devolve powers away from the Governor, thus giving Hong Kong further preparation for the introduction of the Basic Law.

There is a further tactical advantage in that, if deployed now, it would give the Governor a real card for his visit to Beijing.

A possible programme

4. Following the 1991 elections, an Ordinance would provide for the convening of an Election Committee composed of the first three elements of the election committee set out in §3 of the Appendix to the Basic Law; the fourth element would be provided by the members of Legco in place of the Hong Kong deputies to the NPC etc. It would be necessary to make provision that the members representing the first three elements were elected on as wide as possible a franchise (eg people who worked in relevent sectors, not only the institutional components of the sectors) so as to minimise a duplication with the constituencies for the election of the functional members of Legco. An election by the Election Committee could be on the basis of pledged delegates or a free election by uncommitted delegates.

5. The Governor would then delegate certain functions to the person elected who would have executive responsibility for those functions and answer for them in Legco. Care would need to be taken about the title of the person concerned so that the system did not appear to be directly leading to a ministerial system, and it might be as well to avoid the title Chief Executive. At some stage, not necessarily initially, the Governor would appoint the principal officials on the advice of the proto-chief executive. Gradually more and more functions would be delegated or transferred, leaving the Governor on the eve of 1997 with immediate responsibility only for a limited number of subjects such as defence, internal security, certain relations with the Chinese and other external affairs, The constitutional machinery to effect this is sketched in my minute of 3 July 1989 to Mr Wood.

Alternative political developement

6. Such a system would give the people of Hong Kong a predominent say in the person who gradually would assume the functions of every day government. It would also almost certainly produce a Hong Kong Chinese for that post. In

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