TNAG-2462-FCO40-3583-Application-of-Colonial-Laws-Validity-Act-in-Hong-Kong-1992 — Page 43

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THE CHINESE SIDE OF HMG'S COMMITMENT TO MAINTAIN RESPONSIBILITY FOR THE ADMINISTRATION OF HONG KONG UNTIL 1997. WE POINTED OUT THAT THE ACT HAD NO PRACTICAL RELEVANCE TO THE VERY SPECIAL CIRCUMSTANCES OF HONG KONG AND THAT HKG WOULD HAVE THE MEANS TO DEAL WITH ANY PROBLEM THAT MIGHT ARISE FROM THE ACT.

PRESENT POSITION

5. CIRCUMSTANCES HAVE CHANGED SINCE THEN. THE BASIC LAW HAS BEEN PROMULGATED (ARTICLE 74 PROHIBITS MEMBERS OF THE LEGISLATURE FROM INTRODUCING BILLS RELATING TO THE POLITICAL STRUCTURE OF SAR). LEGCO HAS BECOME A QUOTE REPRESENTATIVE LEGISLATURE UNQUOTE WITHIN THE MEANING OF THE ACT (I.E. MORE THAN 50 PER CENT OF THE MEMBERS ARE ELECTED). THERE WAS AN UNCONFIRMED RUMOUR RECENTLY THAT THE UNITED DEMOCRATS MIGHT CONTEMPLATE INTRODUCING SUCH A BILL IN FUTURE SO AS TO BRING PRESSURE TO BEAR ON THE HKG AND HMG ON THE QUESTION OF DIRECTLY ELECTED SEATS TO LEGCO IN 1995.

6.

IF ANY SUCH MORE SHOULD BE MADE, THE FIRST STEP WE WOULD TAKE WOULD OBVIOUSLY BE TO SEEK TO DISSUADE THE LEGCO MEMBERS CONCERNED, CONCENTRATING OUR ARGUMENTS ON THE IMPORTANCE OF THE THROUGH-TRAIN, AND FAILING THAT, LOBBYING FOR THE DEFEAT OF THE

BILL.

7.

WE NEED HOWEVER TO CONSIDER, ON A CONTINGENCY BASIS, WHAT SHOULD BE DONE IF THESE EFFORTS FAILED. IF A PRIVATE MEMBER'S BILL SEEKING TO CHANGE LEGCO'S CONSTITUTION SEEMED LIKELY TO GAIN A MAJORITY, THE OPTIONS WOULD BE:

(A)

(B)

(C)

(D)

(E)

TO ACCEPT THE SITUATION, ASSENT TO THE LAW AND ALLOW LEGCO TO DECIDE ITS OWN COMPOSITION:

TO AMEND THE LP OR MAKE AN ORDER IN COUNCIL TO REQUIRE ANY BILL PURPORTING TO ALTER THE CONSTITUTION AND PROCEDURES OF LEGCO TO BE QUOTE RESERVED UNQUOTE:

TO DISAPPLY THE RELEVANT PART OF THE ACT TO HK, WHICH WOULD REQUIRE PRIMARY UK LEGISLATION AND A DEBATE IN

PARLIAMENT:

FOR ME TO REFUSE TO ASSENT TO SUCH A BILL, UNDER ARTICLE X OF THE LP: AND

FOR THE QUEEN, ON THE ADVICE OF HMG, TO DISALLOW

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