CONFIDENTIAL
THE CASE AGAINST RESERVED POWERS
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7. The Governor, like his predecessor, is however strongly
opposed to the introduction of these reserved powers. believes that it would be politically highly controversial if such measures were introduced in the current political climate in Hong Kong. They would be seen as deliberately intended to fetter the powers of the legislature, and would be particularly provocative at a time when we are encouraging democratic development in Hong Kong and when preparations for the 1991 LegCo elections are under way.
8. It is arguable that the existence of reserve powers, rather than reducing the risk of a hostile and uncooperative LegCo, would actually increase it; and that the best way to get LegCo members to behave responsibly would be to give them responsibility and build up a relationship of trust and mutual respect.
THE WAY FORWARD
9.
Article 51 of the Basic Law provides for the Chief
Executive to approve provisional short term appropriations in exceptional circumstances. Sir David Wilson is considering with his Legal Advisers whether, in the context
of mirror imaging with the Basic Law, any such powers should be conferred upon the Governor before 1997. He also accepts
that it would be necessary to ensure that reserve powers could be introduced quickly if there was a real crisis
between now and 1997. We shall be considering, together
with our Legal Advisers, what contingency planning would be
desirable in anticipation of such an eventuality.
BIFADM/3
CONFIDENTIAL
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