TNAG-2221-FCO40-3189-Constitutional-development-in-Hong-Kong-role-of-the-Legislat-1991 — Page 83

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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this 02/5

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pa. 27

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cc: Mr Burns

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Thank you. I have kept its my with land

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The minite Actie with the apprach istant -

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FROM: K A M Saunders

Hong Kong Department

DATE: 14 November 1991

A 1

Mr Rigkett

PS/Lord Caithness

minili

Miss Barrett,

Legal Advisers

Has

ba

anything

V. Interesting Legso Ao power

power to alter agreed propoags by Gov. of the 1997

In 73611/ it can

THE POWERS AND ROLE OF LEGCO

1.

(1)

aweed laws but needs chief exee's stamp of approval before enactment.

Lord Caithness has asked fór á'short noté setting out the present powers of LegCo and the powers it will have under the Basic Law after 1997. I attach two separate

checklists showing LegCo's main powers in each case. We

could attempt a more comparative study in the briefing for

the Minister's forthcoming visit. The Minister might also

like to see the two recent telegrams from Hong Kong

(attached) which give a useful account of the position regarding LegCo Standing Committees. Telno 3606 makes the crucial point (para 1 (3)) that LegCo is empowered under

Royal Instructions to make what arrangements they choose to

regulate their own proceedings, and that the same powers are

retained in the Basic Law (Article 75). The Governor's

proposed line to take with the Chinese seems right. If

Lord Caithness agrees, we will reply to Hong Kong

accordingly.

2.

Since the September elections the Chinese have shown

considerable anxiety and suspicion over our plans for

FOBABF/1

JRB

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