TNAG-2014-FCO40-2865B-Constitutional-development-in-Hong-Kong-1991-1990 — Page 39

CONFIDENTIAL

HKB 012 16

RECEIVER

06 AUC 1990

CONFIDENTIAL

FM HONG KONG

S

TO IMMEDIATE FCO

DESK INDEX

TELNO 2167

OF 111216Z JULY 90

TOP COPY Q DIST?

137271

MDHIAN 8422

PERSONAL FOR PAUL, HKD FROM GOVERNOR

01217-73

77

YOUR TELNOS 1194 AND 1302: LETTERS PATENT: RESERVE POWERS

1 AS FIRST TUR POINTS OUT, WE HAD EXCHANGES LAST YEAR ON THE

-

ISSUES OF RESERVE POWERS FOR THE GOVERNOR AND THE POSSIBLE

DISAPPLICATION OF SECTION 5 OF THE COLONIAL LAWS VALIDITY ACT 1865.

2. THE CONCLUSION WE HERE DREW AT THE TIME WAS THAT IT WOULD BE POLITICALLY HIGHLY CONTROVERSIAL IF SUCH MEASURES WERE TO BE INTRODUCED IN THE CURRENT POLITICAL CLIMATE. THEY WOULD BE CONSTRUED AS DELIBERATELY INTENDED TO FETTER THE POWERS OF THE LEGISLATURE. WE ALSO DOUBTED WHETHER ANY SUCH MEASURES WERE NECESSARY FOR CONSISTENCY WITH THE BASIC LAW.

3. SEEN FROM HERE, THESE POINTS REMAIN VALID. IT WOULD BE PARTICULARLY MALADROIT TO RISK AROUSING POLITICAL CONTROVERSY ON THIS ISSUE AT A TIME WHEN WE ARE ENCOURAGING DEMOCRATIC DEVELOPMENT IN HONG KONG AND WHEN PREPARATIONS FOR THE 1991 DIRECT ELECTIONS ARE UNDERWAY. ON THE OTHER HAND, IT IS CLEARLY DESIRABLE THAT THERE SHOULD BE RESERVE POWERS WHICH COULD BE USED IF THERE WAS A REAL

CRISIS BETWEEN NOW AND 1997.

4. TO THIS END, WE ARE CURRENTLY CONSIDERING, IN THE CONTEXT OF MIRROR IMAGING WITH THE BASIC LAW WHETHER ANY OF THE POWERS WHICH HAVE BEEN VESTED WITH THE CHIEF EXECUTIVE SHOULD BE CONFERRED UPON THE GOVERNOR BEFORE 1997. BL 51 IS A CASE IN POINT. IT WOULD BE POSSIBLE, THROUGH AN ORDER IN COUNCIL, TO GIVE THE GOVERNOR POWERS TO APPROVE PROVISIONAL APPROPRIATIONS IN THE EVENT OF A SUBSEQUENT DISSOLUTION.

5. WE SHALL LET YOU HAVE OUR VIEWS ON THIS IN DUE COURSE. NONE OF THIS NEED HOLD UP THE AMENDMENTS TO THE LETTERS PATENT RELATING TO CONSTITUTIONAL DEVELOPMENT (OUR TELNO 2139 REFERS).

WILSON

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