TNAG-2734-FCO40-3942-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1993 — Page 20

CONFIDENTIAL

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MDLIAN231

JUST NOT WORKABLE IN THE FACE OF PRAGMATISM AND INERTIA. WE POINTED OUT THAT THE SCALE OF PARAGRAPH 8(B) WAS UNACCEPTABLE. WE INTEND TO POINT OUT, WHEN RESPONDING TO THE PROPOSAL AT PARAGRAPH 8 (E) ABOVE, THAT WHEN YOU TAKE INTO ACCOUNT THE VALIDITY PERIOD, THE BDTC IS ABOUT TWICE AS EXPENSIVE AS THE BNCO). WOULD YOU HAVE DIFFICULTIES WITH GREATER DISPARITY QUERY. WE ASSUME THAT YOU WOULD HAVE DIFFICULTIES WITH PARAGRAPH 9(F), BUT PERHAPS YOU COULD SERIOUSLY CONSIDER THIS OPTION QUERY. WE WOULD WELCOME YOUR VIEWS.

CHINESE VIEWS

12. YOU WILL HAVE NOTED THE CHINESE SIDE'S SUPPORT FOR THE PHASED PROGRAMME IN UKREP'S TELNO 60. THIS SUPPORT HAS ALLOWED US TO BE MORE FORTHRIGHT IN OUR EXPLANATION OF THE PROGRAMME, WITHOUT OUR ORIGINAL FEAR OF A CHINESE AMBUSH (PLANTING BRITISH CONNECTIONS). HOWEVER, IT ALSO MAKES IT MORE DIFFICULT FOR US TO REVERSE.

CONCLUSION

13. THE SUB-COMMITTEE IS MAKING A MOUNTAIN OUT OF THE MOLEHILL: IT IS ONLY THE RIGHT TO PROCRASTINATE WHICH IS BEING TAKEN AWAY. LEGCO HAS NO LOCUS IN THIS EXERCISE, WHICH CONCERNS PASSPORTS GIVEN BY YOU UNDER A LAW AMENDED BY YOU. THIS WAS PARTLY WHY WE DID NOT INVOLVE LEGCO AT AN EARLIER STAGE. THERE IS, HOWEVER, A RISK THAT LEGCO WILL SHY AWAY FROM, RATHER THAN ADDRESS THE ADMINISTRATIVE PROBLEMS WE FACE WITH THE TRANSITION OF SOVEREIGNTY. IN THEIR PRESENT MOOD THEY COULD CAUSE US DIFFICULTIES BY, SAY, SEEKING A MOTION DEBATE ON THIS SUBJECT. WE PRESUME THAT YOU MIGHT HAVE DIFFICULTIES IN GETTING THE ORDER THROUGH PARLIAMENT IF MP'S THOUGHT THAT IT WAS BEING DONE AGAINST LEGCO'S WISHES (NO MATTER HOW INCONSISTENT THEIR LOGIC) QUERY.

14.

WE INTEND TO TRY VERY HARD TO NIP THIS IN THE BUD WHEN THE SUB-COMMITTEE MEETS AGAIN ON 19 APRIL. WE NEED TO SHOW WHY WE HAVE HAD TO DISCOUNT OTHER OPTIONS, INCLUDING THOSE THEY RAISED. THEY ALSO ASKED TO SEE THE LATEST DRAFT LEGISLATION. WE WOULD BE GRATEFUL FOR YOUR AGREEMENT TO THIS AND FOR YOUR ADVICE, BY 16 APRIL, IF POSSIBLE, ON OUR RESPONSE.

FORD

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