TNAG-2014-FCO40-2865B-Constitutional-development-in-Hong-Kong-1991-1990 — Page 90

Mr

Paul, HKD

CONFIDENTIAL

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012

RECEIVER

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Q & AUG 1990

16

From:

Paul Fifoot

Legal Advisers

Date:

27 June 1990

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Mr McLaren Mr Burns Mr Stone, HKD

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HONG KONG LETTERS PATENT: RESERVED LEGISLATIVE POWERS

Summary

1.

The Governor is the Executive of Hong Kong. He is dependent upon the Legislative Council to provide him with money and to enact legislation to carry on the administration of Hong Kong. Whatever the position in practice in recent years, from 1991 he will no longer have any legal power to control the majority in LegCo. Will we depart from our practice in these circumstances of providing a colonial governor with reserved legislative powers to enable him to carry on the administration of his territory notwithstanding a refusal to cooperate or the opposition of his legislative council?

Detail

2.

We are about to draft amending Letters Patent and Royal Instructions which will make a significant step towards the separation in 1995 of executive and legislative powers in Hong Kong. I have adverted briefly to the question of reserved legislative powers for the Governor (and the previous discussion of this issue) in my minute of 14 June 1990 to Mr Stone and our telno 1194 has issued. However, I think it desirable to spell out this issue with rather more emphasis here.

3.

AKB012/7(

143

The Governor is the Executive of Hong Kong. Apart from matters which are specifically established or regulated by laws, all executive power is vested in or derives from the Governor. In order to administer Hong Kong, the Governor needs the cooperation of LegCo to pass Appropriation Bills in order to pay the cost of public administration and the public service (and, indeed, himself unless and this should be checked there is an Ordinance charging his emoluments and expenses on the revenues of Hong Kong) and such other bills as the Governor may from time to time consider it necessary to enact.

2 PFABK

CONFIDENTIAL

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