CO_1030_1459_HONG_KONG_CONSTITUTIONAL_DEVELOPMENT_1963_1965 — Page 41

Page 41

Ref. the twe immediately

preceding monited. Aduri is sought question alating to membership

a

of Colmmal legislatives and

section councils. xecutiv

H.H. Gruchley 29/12/64

14

Page 41

Mr. Reed

A in your minute of 29.12.64

I agree: see the attached copy of the Hong Kong Additional Instructions of 30th April, 1938, Clauses II and XIII.

2. B therein

I do not know of any U.K. law on practice which is relevant. So far as I am aware, "The fundamental principle" propounded by Sir A. Grantham has no legal basis.

3. C therein

An alien resident in British territory is, as a matter of constitutional law, under an obligation of local allegiance while he so resides; there is no reason why such an alien should not take an oath of allegiance.

4.

Generally

Hong Kong is one of the very few surviving examples of the early type of Colonial Constitution, in which both Councils consisted of ex officio and nominated members. The safeguard lay in the fact that the power to appoint rested with Her Majesty or the Governor, acting in pursuance of H.M.'s instructions. When legislatures with an elected membership were introduced, the status of a British subject or British protected person was almost invariably made a qualification for election. At the same time, the practice grew up of appointing Elected Members of the Legislature to Executive Council so that all, or nearly all, of the Unofficials on Executive Council were necessarily so qualified. This was, of course, the germ of the Ministerial system.

-

5. From Mr. Carter's draft Note it appears that Mr. Rankin presumably is objecting to Dr. Rodriques, who is a British subject, because of his

Portuguese origin.

Dictated by

(J.A. Peck)

31st December 31964