TNAG-2013-FCO40-2865A-Constitutional-development-in-Hong-Kong-1991-1990 — Page 58

Mr Stone

I think this

HK 13

RECEIVED IN

01216 la.

Tel

19 MAR 1990

DESK C

INDEX

CONFIDENTIAL

requires a tel to HKC

PL draft.

Mr

Pax1,

HKD,

WH 307A

FROM: Paul Fifoot,

Legal Advisers

DATE:

15 March 1990

CC:

Mr McLaren Mr Stone, HKD Mr Whomersley Ms Barrett

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HONG KONG CONSTITUTIONAL DEVELOPMENT

1. I think it would be useful to know what your and Hong Kong's ideas are about the timing of the Letters Patent to make provision for changes in Legco in 1991.

2.

We have

There are other elements which should, or might, be considered for inclusion in the same document. already put down markers for:-

3.

(a) the deletion of the second part of Section 5 of the

Colonial Laws Validity Act; and

(b)

conferring on the Governor a reserve power of legislation once he ceases to be able to control a majority in Legco.

A new item, consequent upon the decision of Exco regarding the Bill of Rights reported in Hong Kong telno 828 would be the addition of a new article similar to Article 39 of the Basic Law.

4. We should also consider whether there is a need for additions to the Letters Patent to provide for devolution of the Executive power. Mr Maude's concern at yesterday's meeting related to the period 1995-97. It may well be desirable to make preliminary moves in relation to the Executive before 1995 (after all we are proposing developments both as regards the Legislature - in 1991 - and the Judiciary before that date). Certainly the matter requires thought and if we do see a possible need for some movement on the Executive front before 1995, it would be desirable to include it in the forthcoming Letters Patent rather than to have in mind yet another Letters Patent between 1991 and 1995.

PF1AAF

Paul Fifoot

CONFIDENTIAL

29