TNAG-2217-FCO40-3184-Constitutional-development-in-Hong-Kong-1991 — Page 13

CONFIDENTIAL

FM HONG KONG

TO DESKBY 11123OZ FCO

TELNO 1880

OF 111127Z JUNE 91

23

CONFIDENTIAL

Hub 012

MECK

pas

26 JUN 1991

148

YRTELNO 1095: DEPUTY PRESIDENT OF LEGCO

"

26

137111

MDHIAN 0592

TOP COPY Q DIST?

1 I AM SLIGHTLY PUZZLED BY THE LEGAL ADVICE YOU QUOTE THAT THERE WOULD BE CONSTITUTIONAL PROBLEMS IN MAKING A PUBLIC ANNOUNCEMENT ABOUT THE DEPUTY PRESIDENT OF LEGCO BEFORE THE APPOINTED DAY'.

2. MY ADVICE HERE IS THAT THE POST OF DEPUTY PRESIDENT CANNOT ITSELF BE FILLED UNTIL THE APPOINTED DAY'. HOWEVER, NOW THAT THE SECRETARY OF STATE HAS GIVEN HIS APPROVAL FOR MR SWAINE'S APPOINTMENT AS A MEMBER OF LEGCO IN THE NEW SESSION, THERE IS NO REASON WHY I COULD NOT ANNOUNCE NOW THAT IT IS MY INTENTION TO

APPOINT MR SWAINE AS DEPUTY PRESIDENT OF LEGCO IN THE NEW SESSION (I.E. AFTER THE APPOINTED DAY').

3. ON THIS BASIS, I SHOULD LIKE TO ISSUE A PRESS RELEASE ON THE FOLLOWING LINES AT ABOUT 5.30 P.M. TOMORROW (12 JUNE):

'THE GOVERNOR, SIR DAVID WILSON, ANNOUNCED TODAY THAT MR JOHN SWAINE WOULD BE APPOINTED AS A MEMBER OF THE LEGISLATIVE COUNCIL WITH EFFECT FROM THE BEGINNING OF THE NEW SESSION, AND THAT HE INTENDED THEN TO APPOINT MR SWAINE AS DEPUTY PRESIDENT OF THE COUNCIL.

MR SWAINE WAS AN APPOINTED MEMBER OF THE LEGISLATIVE COUNCIL FROM 1980 TO 1988. HE HAS BEEN A MEMBER OF THE EXECUTIVE COUNCIL SINCE 1 SEPTEMBER 1988. HE WILL RESIGN FROM THE EXECUTIVE COUNCIL ON 31 AUGUST IN ORDER TO PREPARE HIMSELF TO ASSUME HIS NEW POST'.

4. GRATEFUL FOR CONFIRMATION DESKBY 12003OZ THAT YOU ARE CONTENT FOR ME TO PROCEED IN THIS WAY.

WILSON

YYYY