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MDLIAN 4282
SUCH A BILL AFTER I HAVE ASSENTED TO IT (ARTICLE VIII OF THE LP).
ASSESSMENT
8.
OPTION (A) (ALLOWING MATTERS TO TAKE THEIR COURSE) IS HIGHLY UNATTRACTIVE. IT WOULD INVOLVE TEARING UP ALL OUR AGREEMENTS WITH CHINA ON THE SUBJECT, AN END TO THE THROUGH TRAIN FOR LEGCO AND A CONFRONTATION WITH CHINA WHICH WOULD DWARF ANY PREVIOUS CONFLICT AND PUT THE STABILITY OF THE TERRITORY SERIOUSLY AT RISK. I DO NOT BELIEVE THIS OPTION SHOULD BE CONTEMPLATED.
9.
OPTION (C) (DISSAPPLICATION OF THE ACT) IS, I IMAGINE, A POLITICAL NON-STARTER. MINISTERS WOULD RIGHTLY BE UNWILLING TO TAKE UP PARLIAMENTARY TIME WITH SUCH LEGISLATION AND EVEN MORE SO TO EXPLAIN THE JUSTIFICATION FOR IT. SIMILARLY, OPTION (E) (DISALLOWANCE BY THE QUEEN) WOULD BE A VERY CLUMSY WAY TO PROCEED AND WOULD INCREASE, RATHER THAN DIMINISH, THE APPEARANCE OF A CONSTITUTIONAL CRISIS.
10.
THE CHOICE THEREFORE SEEMS TO LIE BETWEEN OPTIONS (B) AND (D). OPTION (D) (ME REFUSING ASSENT) WOULD CRATE A MAJOR CONSTITUTIONAL CRISIS, AS IT WOULD VIOLATE TIME-HONOURED PRACTICE AND BE SEEN AS USING THE RESIDUAL POWER OF THE GOVERNOR TO FRUSTRATE DIRECTLY THE WILL OF LEGCO. SEEN FROM HERE, I COULD REFUSE TO GIVE ASSENT ONLY UNDER CLEAR INSTRUCTIONS FROM HMG ON THE GROUNDS THAT IF PASSED, SUCH A BILL WOULD DESTROY ANY CHANCE OF SUCCESS FOR THE LEGCO THROUGH TRAIN, WHICH IS VITAL FOR A SMOOTH TRANSITION, AND WOULD THEREFORE SERIOUSLY UNDERMINE THE STABILITY OF HK.
11.
OPTION (B) (AMENDMENT OF LP) WOULD CLEARLY CARRY SERIOUS POLITICAL RISK: IT WOULD BE ATTACKED, BOTH HERE AND IN THE UK, AS AN ATTEMPT TO STIFLE DEMOCRATIC DEVELOPMENT IN HK. IF ADOPTED, IT WOULD NEED TO BE PRESENTED AS A NECESSARY MEASURE FOR HMG TO RETAIN THE CONTROL WHICH IT NEEDS IN ORDER TO FULFIL ITS INTERNATIONAL OBLIGATIONS. HOWEVER, IF WE WERE TO SEEK TO AMEND THE LP BEFORE ANY CONSTITUTIONAL BILL WAS PUT FORWARD BY A MEMBER OF LEGCO, WE WOULD AROUSE A POSSIBLY UNNECESSARY POLITICAL STORM. THERE WOULD ALSO BE SUGGESTIONS THAT THIS WAS THE RESULT OF PRESSURE FROM CHINA.
12. ONE WAY OF MAKING OPTION (B) LESS UNPALATABLE IS TO PREPARE THE NECESSARY AMENDMENTS TO THE LP IN ADVANCE AND HAVE IN PLACE A
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