TNAG-2991-FCO40-3566-Future-of-Hong-Kong-constitutional-development-1992 — Page 187

CONFIDENTIAL

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MDLIAN 7743/

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 143

OF 17045OZ JANUARY 92

INFO PRIORITY PEKING, UKREP JLG HONG KONG

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YOUR TELNO 22 AND PEKING TELNO 19: TRANSFER OF AUTHORITY FROM

EXCO.

SUMMARY

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1. WE HAVE CONSIDERED THE ALTERNATIVE OPTION OF A SERIES OF

APPEALS BOARDS BUT CONCLUDED THAT A SINGLE ADMINISTRATIVE APPEALS

BOARD IS PREFERABLE. WE HAVE ALSO CONSIDERED THE LEGISLATION NECESSARY TO EFFECT THE TRANSFER OF APPEAL HEARING POWERS FROM EXCO TO THE PROPOSED ADMINISTRATIVE APPEALS BOARD, AND THE ADMINISTRATIVE ARRANGEMENT APPLICABLE, AS WELL AS THE TYPES OF APPEAL TO BE HANDLED BY THE PROPOSED BOARD.

APPEALS TO BE HANDLED BY THE PROPOSED BOARD

2. THERE ARE 78 PROVISIONS IN THE LAWS OF HONG KONG CONFERRING THE RIGHT OF APPEAL TO THE GOVERNOR-IN-COUNCIL, THE GOVERNOR OR OTHER NON-JUDICIAL AUTHORITIES. OUR PROPOSAL IS THAT ONLY THOSE APPEALS WHICH INVOLVE NO SIGNIFICANT SOCIAL, POLITICAL OR POLICY IMPLICATIONS WILL BE TRANSFERRED FROM EXCO TO THE PROPOSED ADMINISTRATIVE APPEALS BOARD. AGAINST THIS BROAD PRINCIPLE, RELEVANT POLICY BRANCHES HAVE ASSESSED EACH OF THE 78 APPEAL PROVISIONS AND HAVE IDENTIFIED 24 ITEMS WHICH ARE SUITABLE TO BE DEALT WITH BY THE PROPOSED BOARD, INCLUDING AN APPEAL TO THE DISTRICT COURT AS PART OF THE EXERCISE TO STANDARDIZE ADMINISTRATIVE APPEAL PROCEDURES. THE LIST WITH A BRIEF DESCRIPTION OF THE NATURE OF EACH OF THESE APPEALS FOLLOWS BY FAX. THE OTHER 54 ITEMS, WHICH INVOLVE MORE COMPLEX AND IMPORTANT ISSUES, WILL CONTINUE TO BE DEALT WITH BY EXCO.

LEGISLATION AND ADMINISTRATIVE ARRANGEMENTS

3. THE PROPOSED ADMINISTRATIVE APPEALS BOARD WILL BE ESTABLISHED BY PRIMARY LEGISLATION ALONG THE LINES OF THE TWO EXISTING MUNICIPAL SERVICES APPEALS BOARDS. THE LEGISLATION WILL SET OUT THE COMPOSITION, FUNCTIONS AND POWERS OF THE BOARD. CONSEQUENTIAL AMENDMENTS TO THE RELEVANT ORDINANCES WILL BE MADE TO SUBSTITUTE THE ADMINISTRATIVE APPEALS BOARD FOR EXCO OR THE GOVERNOR IN THE

HEARING OF APPEALS.

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