TNAG-2216-FCO40-3183-Position-on-the-Executive-Council-of-Peter-Duffell--Commande-1991 — Page 3

HKB 011/12

Mr Burns

SECRET

FROM:

PF Ricketts

Hong Kong Department

DATE: 20 December 1991

POSITION OF THE COMMANDER BRITISH FORCES ON EXCO

1.

You asked three questions on my submission of

16 December:

How/when would we tell the Chinese?

Is this not a change in the inheritance?

Could we try to slip it through unnoticed or would the Privy Council action give the game away?

2. I have not seen any views from the Governor on informing

the Chinese. But I think we should inform them as a

courtesy shortly before the move is made public (see below).

We should certainly resist any suggestion that the

Chinese be consulted. The change does not after all

create any obligation on post-1997 Hong Kong. The Basic Law

is silent on whether the local Commander of the PLA will sit

on the Executive Council. Article 55 of the Basic Law

merely states that members of the Executive Council shall be

drawn from the principal officials, members of the

Legislative Council and public figures: one might even argue

that this would rule out the local Commander of the PLA.

We should present the change as part of the natural

evolution of Hong Kong, not as a change in the inheritance.

3.

NC1AAZ/1

SECRET

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