TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 166

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 458

OF 11090OZ FEBRUARY 91

CONFIDENTIAL

HAB 012/2

030526

MDHIAN 3200

RAR

Sus Samyder

?

INFO PRIORITY UKREP JLG HONG KONG

7

OUR TELNO 434t AMENDMENTS TO LETTERS PATENT AND ADDITIONAL INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTERS

IN ADDITION TO THE AMENDMENTS WHICH ARE THE SUBJECT OF TUR, WE WISH TO SEEK YOUR VIEW ON THE NEED TO AMEND CLAUSE XXI(1) OF THE ROYAL INSTRUCTIONS (RI) TO PROVIDE THE GOVERNOR WITH THE DISCRETION WHETHER OR NOT TO PRESIDE AT A MEETING OF LEGCO FOLLOWING THE APPOINTMENT OF A DEPUTY PRESIDENT (DP) IN THE NEW LEGCO IN OCTOBER THIS YEAR.

2.

YOU WILL RECALL THAT WHEN THE DECISION TO INSTALL A DP FOR THE 1991 LEGCO WAS MADE LAST YEAR, THE ARRANGEMENT WAS CONSIDERED MAINLY AS A TRANSITIONAL MEASURE PAVING THE WAY FOR A PRESIDENT ELECTED FROM AMONGST THE MEMBERS OF LEGCO IN 1995. IT WAS ENVISAGED AT THAT TIME THAT THE DP WOULD GRADUALLY TAKE OVER PRESIDING AT THE COUNCIL'S MEETINGS. THIS WOULD INCLUDE MEETINGS DURING THE GOVERNOR'S ABSENCE FROM HONG KONG WHEN THE DP WOULD PRESIDE RATHER THAN THE ACTING GOVERNOR OR THE DEPUTY TO THE GOVERNOR WHO SHOULD NOT ATTEND SUCH MEETINGS IN THAT CAPACITY. THE DP WOULD NOT, HOWEVER, PRESIDE AT ALL COUNCIL MEETINGS EVEN TOWARDS THE END OF THE LEGISLATURE'S TERM OF OFFICE.

3. WE ARE GIVING FURTHER THOUGHT TO THIS ARRANGEMENT. A NEW, 'HIGHLY POLITICISED LEGISLATURE ARGUES FOR A PHASED APPROACH

WHEREBY INITIALLY THE PRESIDENT (THE GOVERNOR) SHOULD CLOSELY MANAGE THE BUSINESS OF LEGCO. ON THE OTHER HAND, EARLY DEVOLUTION OF THE PRESIDENTS' POWERS WILL RELIEVE THE GOVERNOR OF THE BURDEN OF ROUTINE LEGCO BUSINESS, ENHANCE THE ROLE AND STATUS OF THE DP, AND ENABLE THE PUBLIC TO BETTER DISTINGUISH BETWEEN THE ROLE OF THE GOVERNOR AND THAT OF THE PRESIDENT. THE ARRANGEMENT ORIGINALLY ENVISAGED IN PARAGRAPH 2 ABOVE MAY NEED TO BE CHANGED IN LIGHT OF NEW CONSTITUTIONAL AND POLITICAL CONSIDERATIONS WHICH EMERGE NEARER TO OCTOBER 1991. FOR EXAMPLE, THE GOVERNOR'S ATTENDANCE MAY INSTEAD BE LIMITED NORMALLY TO HIS ANNUAL ADDRESS TO THE COUNCIL AT THE OPENING OF A SESSION AND POSSIBLY THE SUBSEQUENT DEBATE ON IT.

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CONFIDENTIAL