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152 0 MDLIAN 5046
APPEALS BOARD TO BE SET UP ALONG THE LINES OF THE TWO EXISTING MUNICIPAL SERVICES APPEALS BOARDS (THE TWO BOARDS WERE SET UP IN 1990 WITH THE SPECIFIC OBJECTIVE OF RELIEVING EXCO OF THE BURDEN OF HEARING ROUTINE MUNICIPAL SERVICES APPEALS).
LIKELY CHINESE REACTION
3. THE GOVERNOR'S ADDRESS AT THE OPENING OF THE 1991-92 LEGCO SESSION BRIEFLY MENTIONED THE NEED TO STREAMLINE EXCO'S PROCEDURES TO ALLOW ITS MEMBERS TO CONCENTRATE MORE ON ESSENTIAL ISSUES. THERE HAS BEEN LITTLE PUBLIC INTEREST IN THESE ADMINISTRATIVE PROPOSALS. NOR HAS THERE BEEN ANY REACTION FROM THE CHINESE SIDE. THE CHINESE SHOULD HAVE NO DIFFICULTY WITH THE PROPOSALS UNDER (A) AND (B) IN PARAGRAPH 2 ABOVE WHICH SEEK TO DELEGATE POWER WITHIN THE GOVERNMENT ONLY, INVOLVING NO TRANSFER OF POWER AWAY FROM THE EXECUTIVE. HOWEVER, GIVEN THEIR CURRENT DEEP CONCERN WITH ALLEGED CONSPIRACY TO TURN THE GOVERNMENT FROM AN EXECUTIVE-LED ONE INTO ONE LED BY THE LEGISLATURE, THEY MIGHT BE SUSPICIOUS OF THE PROPOSALS TO SET UP A CENTRALISED ADMINISTRATIVE APPEALS BOARD, SEEING IT AS A FURTHER CEDING OF OF THE EXECUTIVE'S POWER. IN VIEW OF THE POSSIBLE CHINESE CONCERN, WE INTEND TO VEST THE POWER OF APPOINTMENT OF MEMBERS OF THIS BOARD IN THE GOVERNOR. NO MEMBERS OF LEGCO WILL BE APPOINTED TO IT, TO AVOID CREATING ANY IMPRESSION OF A LINK BETWEEN THE TWO. TO ALLAY CHINESE CONCERNS, WE SEE ADVANTAGE IN BRIEFING THE CHINESE IN ADVANCE TO FORESTALL ANY ADVERSE REACTION.
WAY FORWARD
4 -
THE AERIAL ROPEWAYS (SAFETY) (AMENDMENT) BILL, THE FIRST BILL WHICH SEEKS TO DELEGATE EXCO'S POWER TO MAKE REGULATIONS GOVERNING MINOR TECHNICAL MATTERS SUCH AS APPROVING PLANS, DESIGN, MAINTENANCE AND FORMS ETC. TO THE SECRETARY FOR PLANNING ENVIRONMENT AND LANDS, HAS BEEN CONSIDERED BY EXCO. IT IS READY FOR INTRODUCTION INTO LEGCO, SUBJECT TO EXCO'S AGREEMENT OF THE OVERALL PACKAGE OF PROPOSALS FOR DELEGATING EXCO'S POWERS (AS DESCRIBED IN PARAGRAPH 2 ABOVE) AND THE APPROPRIATE PUBLICITY ARRANGEMENT. WE INTEND TO SEEK EXCO'S ADVICE ON THE PACKAGE OF PROPOSALS IN THE NEAR FUTURE AND SUGGEST THAT AFTER EXCO HAS BEEN CONSULTED WE SHOULD BRIEF THE CHINESE ON THE PROPOSED PACKAGE OF DELEGATIONS INFORMALLY THROUGH THE PA/NCNA CHANNEL. THIS SHOULD BE DONE BEFORE THE AERIAL ROPEWAYS (SAFETY) (AMENDMENT) BILL IS INTRODUCED INTO THE LEGCO. WHEN THE BILL IS GAZETTED, A PRESS
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