TNAG-2735-FCO40-3943-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1993 — Page 137

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MDHIAN 3270•

MEETING AND AGREED TO STEER THE PANEL TO DISCUSS THE GOVERNOR'S PROPOSALS SET OUT IN HIS ADDRESS TO LEGCO LAST OCTOBER AND NOT/NOT THE GAZETTED BILL WHICH HAS NOT/NOT BEEN INTRODUCED INTO LEGCO.

LINE TO TAKE

6. THE PANEL HAS NOT AS YET INVITED US TO ITS DISCUSSION ON THE GOVERNOR'S PROPOSALS. BUT IF WE WERE LATER INVITED TO ATTEND TO EXPLAIN THESE PROPOSALS, IT WOULD NOT/NOT BE POSSIBLE FOR US TO DECLINE. IT WOULD THEREFORE BE UNWISE FOR US TO USE THE POINT IN THE THIRD TIRET OF FCO TELNO 548. WE SUGGEST THAT THE AMBASSADOR MIGHT MAKE THE FOLLOWING POINTS IN RESPONSE TO THE CHINESE DEMARCHE :

(1) WE ARE SURPRISED THAT THE CHINESE SIDE SHOULD HAVE RAISED THIS MATTER. THE CHINESE SIDE ARE AWARE THAT BOTH THE LEGISLATIVE COUNCIL AND ITS CD PANEL HAD DISCUSSED CONSTITUTIONAL DEVELOPMENT IN HONG KONG ON MANY OCCASIONS IN THE PAST. AS THE CHINESE SIDE MUST KNOW, LEGCO PANELS ARE NON-STATUTORY AND THEIR DISCUSSIONS ARE NOT PART OF THE FORMAL PROCEEDINGS OF LEGCO. THE PARTICULAR DISCUSSIONS THEY ARE NOW PROPOSING TO HOLD WERE NOT INSTIGATED BY THE HK GOVERNMENT. RESOLUTIONS PASSED BY LEGCO PANELS ARE NOT BINDING ON THE GOVERNMENT OR ON LEGCO.

(2) THE LEGCO CD PANEL CANNOT EXAMINE THE BILL WHICH WAS GAZETTED ON 12 MARCH, SINCE THE BILL HAS NEXT WORD UNDERLINED NOT BEEN INTRODUCED INTO LEGCO. THE FORUM TO DISCUSS ANY BILL INTRODUCED INTO LEGCO IS THE LEGCO PLENARY ITSELF, AND ANY BILLS COMMITTEE THAT MAY BE ESTABLISHED BY LEGCO TO DEAL WITH A PARTICULAR BILL.

(3) LEGCO CD PANEL DISCUSSIONS OF THE GOVERNOR'S PROPOSALS CANNOT IN ANY WAY PREJUDICE THE OUTCOME OF THE ON-GOING TALKS BETWEEN

THE TWO GOVERNMENT REPRESENTATIVES ON THE 1994-95 ELECTORAL ARRANGEMENTS.

(4) SQUARE BRACKETS DEFENSIVE END SQUARE BRACKETS ABSOLUTELY NO TRUTH TO THE CONSPIRACY THEORY THAT HKG PUT UP THE LEGCO CD PANEL TO DISCUSS THE BILL/GOVERNOR'S PROPOSALS AT THIS STAGE TO PUT

PRESSURE ON THE TALKS. THE GOVERNMENT HAS AT NO (NO) STAGE SUGGESTED TO THE LEGCO CD PANEL THAT THEY SHOULD DISCUSS THIS SUBJECT. THE CD PANEL'S DECISION TO DO SO WAS NOT PROMPTED BY US: WE WERE AS MUCH TAKEN BY SURPRISE AS THE CHINESE SIDE.

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