TNAG-2221-FCO40-3189-Constitutional-development-in-Hong-Kong-role-of-the-Legislat-1991 — Page 94

p. Kong Leglare)

конд

161554

MDHIAN 1699

CONFIDENTIAL

284

Maßz cızlo Мав

CONFIDENTIAL

FM PEKING

TO IMMEDIATE F C O

TELNO 1918

OF 13051OZ NOVEMBER 91

INFO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

COURT OF FINAL APPEAL (CFA): THE WAY FORWARD: F C O TELNO 1983.

OUR INITIAL VIEWS ON THE STRATEGY OUTLINED IN T U R, WITHOUT THE OPPORTUNITY TO CONSULT THE AMBASSADOR, ARE AS FOLLOWS.

1.

2.

WE AGREE WITH PARA 2 OF TUR THAT THE INITIAL STRATEGY SHOULD BE TO TAKE THE TEMPERATURE OUT OF THE ISSUE AND PLAY IT LONG. THE CURRENT UPROAR IN LEGCO IS AS MUCH ABOUT THAT BODY STAKING OUT A CONSTITUTIONAL POSITION IN RELATION TO THE EXECUTIVE AS THE MERITS OF THE AGREEMENT OF THE CFA AS SUCH. AS SEEN FROM HERE THE BUSINESS COMMUNITY'S VIEW IS LIKELY TO BE FOUNDED LESS ON THE CONTENTS OF ANY ARRANGEMENT ON THE CFA AS ON THE INTENSITY OF THE DISAGREEMENT WITH CHINA.

3. WE SHOULD NOT UNDER-ESTIMATE THE EFFECT ON THE COURSE OF OTHER JLG WORK IF WE DECIDE TO PROCEED UNILATERALLY.

Redacted under FOI

exemption section 27(1)

4.

IN CONCOCTING THE GAME PLAN WE HAVE TO GUARD AGAINST SELF- DELUSION. THE PRESENT PLAN IMPLIES THAT SHOULD OPPOSITION IN LEGCO TO THE PRESENT LIMITS ON INVITING JUDGES FROM OTHER COMMON LAW JURISDICTION CONTINUE WE WOULD SO MODIFY THE LEGISLATION BEFORE PUTTING IT TO THE CHINESE. EXPLAINING THE IMPORTANCE OF WINNING OVER THE MAJORITY OF LEGCO TO THE EXISTING AGREEMENT IS RADICALLY DIFFERENT FROM AGREEING WITH LEGCO ON SIGNIFICANT CHANGES WHICH WE WILL THEN FEEL HONOUR BOUND TO PUT TO THE CHINESE. IT IS UNLIKELY THAT EXPLAINING EACH SIDE'S VIEW TO THE OTHER WILL INCREASE THE LEVEL OF MUTUAL COMPREHENSION OR THE WILLINGNESS TO

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