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Мив 025
گا وزیر
101224
MDHIAN 7209
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1557
OF 090746Z JUNE 92
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG -
TOP COPY Q DIST?
PERSONAL FOR RICKETTS, HKD
PEKING: PERSONAL FOR AMBASSADOR
UKREP JLG: RERSONAL FOR GALSWORTHY
10
YRTELNO 783': COLONIAL LAWS VALIDITY ACT (CLVA)
1. THANK YOU FOR TUR.
2. WE HAVE CAREFULLY RECONSIDERED OPTION B (AMENDMENT TO LETTERS PATENT) AND YOUR MODIFIED OPTION D (GOVERNOR TO RESERVE THE BILL), WE AGREE THAT THERE IS IN ESSENCE LITTLE DIFFERENCE IN THE END RESULT BETWEEN THE TWO OPTIONS, BOTH OF WHICH INVOLVE THE USE OF RESERVE POWERS TO BLOCK AN ATTEMPT BY LEGCO TO ALTER ITS OWN
CONSTITUTION.
3. HOWEVER, THERE IS ONE IMPORTANT POINT OF PRINCIPLE WHICH, I THINK, WE WOULD BE WRONG TO IGNORE. FOR THE GOVERNOR TO USE HIS RESIDUAL POWERS UNDER ARTICLE X OF THE LETTERS PATENT (NEXT FOUR WORDS UNDERLINED) ON HIS OWN INITIATIVE TO BLOCK A BILL DULY PASSED BY LEGCO WOULD BE TANTAMOUNT TO PITCHING THE GOVERNOR AGAINST THE WILL OF LEGCO. THIS WOULD GO AGAINST TIME-HONOURED PRACTICE, AND WOULD CREATE A BAD PRECEDENT FOR THE FUTURE. THE CREDIBILITY OF THE GOVERNORSHIP WOULD SUFFER, AND THIS COULD PUT AT RISK THE GOVERNABILITY OF HONG KONG IN THE REMAINING YEARS BEFORE 1997. IF THE OPTION OF 'RESERVING' A BILL BY THE GOVERNOR UNDER ARTICLE X OF THE LP IS PREFERRED TO THE OPTION OF AMENDING THE LP, THEN I WOULD ADVISE THAT THE GOVERNOR SHOULD ONLY EXERCISE HIS POWER OF RESERVATION ON THE INSTRUCTIONS OF THE SECRETARY OF STATE. THE PRESENT LP ARTICLE X ALLOWS FOR THIS. IT MAKES CLEAR THAT THE GOVERNOR IS ONLY ACTING UNDER THE INSTRUCTIONS OF THE SOVEREIGN POWER WHICH, AS YOU ACKNOWLEDGED (PARA 3 OF TUR), WOULD PROBABLY BE LESS DAMAGING OVERALL.
4. IN THE UNLIKELY EVENT (AS SEEN PRESENTLY) THAT SUCH A POWER OF RESERVATION AS ENVISAGED IN PARA 3 ABOVE IS TO BE USED, IT WOULD OF COURSE BE NECESSARY FOR THE SECRETARY OF STATE TO ISSUE THE
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