TNAG-2014-FCO40-2865B-Constitutional-development-in-Hong-Kong-1991-1990 — Page 136

PM/85/16

PRIME MINISTER

HRD

CONFIDENTIAL

19/2/86

PS

PS/MI Loce PS/ POS

Sirl Harding

Dr wüson Mr Burrows Mr fifooT Fir Houston

8B1%

1.

Hong Kong: Constitutional Development:

Amendments to Letters Patent and Royal Instructions

Under the proposals published in a White Paper in

November 1984 Hong Kong is to introduce limited elections in

September 1985 to fill 24 of the 56 seats in the Legislative

Council. To make this possible, the Letters Patent and Royal

Instructions, which effectively form the constitution of Hong Kong, need to be amended, and an electoral bill needs to be introduced in Hong Kong. Changes to the Letters Patent

and Royal Instructions are made by orders under the Royal

Prerogative and do not therefore have any legislative

implications for Parliament.

2. Most of the issues involved in this matter are technical,

but examination of the proposals has thrown up two important questions, on which I should value your advice and that of

colleagues. These are:

3.

(i) Whether the Governor should have reserve powers

of legislation; and

(ii) Whether he should have power to dissolve the

legislature.

Governor's Reserved Powers of Legislation

The practice in most dependent territories, once HMG no

longer have the power to direct the legislature by means of

instructing an official majority, has been to give the Governor power, if he sees fit, to pass legislation over the heads of the legislature. This practice has not been universal: an exception is Bermuda. The purpose of the provision is to

enable HMG, through the Governor, to continue to exercise its

CONFIDENTIAL

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