TNAG-2734-FCO40-3942-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1993 — Page 118

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 236

OF 111746Z MARCH 93

CONFIDENTIAL

pa Leglo

127

HKB 012/3

RECEIVED IN REGISTRY

054112 MDHOAN 0055

DESX

INDLA

INFO ROUTINE PEKING, UKREP JLG HONG KONG

17 MAR 1993

OUR TELNO 230: CONSTITUTIONAL DEVELOPMENT: MR GOODLAD'S REPLY TO ADPL: PRESS REPORTS

1. ON ADVICE FROM OUR LEGAL ADVISERS WE HAVE AMENDED OUR SUGGESTED LINE TO TAKE FOR INCLUSION IN AS OF THE GOVERNOR'S SUPPLEMENTARIES TO READ:

THE LEGISLATIVE COUNCIL HAS THE RESPONSIBILITY TO PASS BILLS IN HONG KONG. THE BRITISH GOVERNMENT WILL RESPECT THE COUNCIL'S JUDGEMENT ON THE ELECTORAL PROPOSALS AS ON OTHER MATTERS. BUT IT IS A MATTER OF CONSTITUTIONAL FACT THAT THE COUNCIL'S POWERS ARE NOT UNLIMITED. THE ROYAL INSTRUCTIONS (XXVI 6) PROVIDE THAT THE GOVERNOR SHALL NOT ASSENT TO ANY BILL WHICH IS INCONSISTENT WITH THE UK'S TREATY OBLIGATIONS. THIS IS NO MORE THAN A RECOGNITION OF POLITICAL REALITY.

2. LEGAL ADVISERS HAVE POINTED OUT THAT THE LINE WE HAVE BEEN PREVIOUSLY USING THAT QUOTE CONSTITUTIONALLY IT IS FOR LEGCO TO ENACT LEGISLATION UNQUOTE IS NOT STRICTLY ACCURATE. ACCORDING TO THE LETTERS PATENT THAT IS A POWER RESERVED FOR YOU. LEGCO'S ROLE IS TO PASS BILLS.

3. WE HAVE FAXED TO LLEWELLYN, GOVERNMENT HOUSE, A DRAFT LETTER FROM MR GOODLAD TO MR FUNG MAKING THE POINT IN PARA 2 . GRATEFUL FOR ANY COMMENTS DESKBY 1209OOZ, IF POSSIBLE.

HURD

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