CONFIDENTIAL
013125
MDHIAN 3375
RESOLUTION AND BILL AT THE SITTING ON 13 OCTOBER (THE FIRST REGULAR SITTING IN THE 1993/94 SESSION AFTER THE GOVERNOR'S ADDRESS). THE DRAFT RESOLUTION IS READY AND WILL SOON BE DISPATCHED TO OMLEGCO FOR DISTRIBUTION TO LEGCO MEMBERS IN EARLY SEPTEMBER. THE DRAFT BILL IS BEING FINALISED.
4.
WE RECOGNISE THAT THE STEPS TO BE TAKEN WOULD CAUSE ANXIETY AT THE CHIENSE SIDE AND THAT FOREWARNING THEM MIGHT HELP TO
SUCH REDUCE TO SOME EXTENT THE LEVEL OF CHINESE REACTION. HOWEVER, A COURSE OF ACTION IN THE CURRENT CIRCUMSTANCES DOES CARRY A RISK VIZ. THE CHINESE WOULD FEEL OBLIGED TO IMMEDIATELY DEMAND A STOP. THIS WE CANNOT DO BECAUSE IT IS ENTIRELY WITHIN LEGCO'S POWER TO DETERMINE WHEN AND HOW ITS STANDING ORDERS ARE TO BE AMENDED. ON BALANCE, THEREFORE, WE ARE NOT INCLINED TO THIS COURSE OF ACTION.
5. WE ARE NEVERTHELESS CONSCIOUS THAT THERE COULD BE SCOPE FOR CHINESE MISCHIEF. YOU MAY DRAW ON PARAS 6 7 BELOW IN RESPONSE TO QUESTIONS FROM THE CHINESE OR THE MEDIA.
LINE TO TAKE.
6. (I)
(II)
-
A MORE FORMAL COMMITTEE STRUCTURE WITH CLEARER TERMS OF REFERENCE, PROCEDURES AND RULES MIGHT WELL ASSIST IN DISPATCHING THE BUSINESS OF LEGCO MORE SPEEDILY AND EFFICIENTLY.
IT IS A MATTER FOR THE LEGCO TO DETERMINE HOW IT IS TO CONDUCT ITS BUSINESS. LEGCO ALWAYS HAVE THE POWERS UNDER THE ROYAL INSTRUCTIONS (RI XXIII) TO MAKE RULES AND ORDERS FOR THE REGULATION OF ITS OWN PROCEEDINGS. SUCH POWERS ARE ALSO LAID DOWN IN THE BASIC LAW (BL 75).
ADDITIONAL POINTS.
7.
(I)
WILL THIS INCREASE THE POWERS OF LEGCO QUERY.
THE LEGCO WILL NOT GAIN MORE POWER BY FORMALISING ITS
PANEL SYSTEM. CONSTITUTIONAL LIMITS TO LEGCO'S POWERS ARE SET OUT IN THE LETTERS PATENT AND ROYAL INSTRUCTIONS. THE FORMULATION OF POLICY REMAINS FIRMLY IN THE HANDS OF THE ADMINISTRATION.
(II)
IS THE HMG/HKG PUSHING FOR THE FORMALISATION OF THE PANEL SYSTEM QUERY.
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