CONFIDENTIAL
154771
MDLIAN 4524
SUCH IT CAN BE ARGUED TO DEFINE BEST THOSE COMMITTED TO HONG KONG
AND THEREFORE ACCEPTABLE AS OWNERS OF ITS MEDIA. WE ARE THEREFORE
CONSIDERING A REVISIONOF THE DEFINITION OF ELIGIBILITY TO ONE WHICH
INCLUDES ALL THOSE WHO ARE ORDINARILY RESIDENT IN HONG KONG AND HAVE BEEN SO FOR A CONTINUOUS PERIOD OF SEVEN YEARS.
6. THIS DEFINITION HAS A SLIGHTLY WIDER SCOPE THAN JD159 ON THE KEY
POINT ON NON-CHINESE NATIONALS IN THAT NO DECLARATION OF PERMANENT RESIDENCE' IS REQUIRED. THE INTRODUCTION OF SUCH A REQUIREMENT IN THE PRESENT LEGISLATION WOULD NOT ONLY BE INAPPROPRIATE IN THIS CONTEXT, BUT WOULD ALSO INEVITABLY PRECIPITATE CONSULTATIONS WITH THE CHINESE
WHICH WE DO NOT WANT AT THIS STAGE. IT WOULD ALSO BE LEGALLY DIFFICULT BECAUSE EITHER THE REQUIREMENT WOULD HAVE TO BE IMPOSED
ON EVERYONE (I.E. INCLUDING CHINESE NATIONALS' ') WHICH WOULD BRING
DOWN MORE VIGOROUS CRITICISM: OR IF WE ATTEMPTED TO EXEMPT CHINESE NATIONALS WE WOULD HAVE TO DEFINE THEM.
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7. HOWEVER, TONG IS LIKELY TO PICK ON OUR REVISED DEFINITION AND PROTEST THAT IT IS EVEN WORSE IN ITS IMPLICATIONS THAN THE PREVIOUS
ONE IN THAT IT BRINGS FORWARD IN TIME THE POSSIBLILITY OF OWNERSHIP
BY FOREIGN NATIONALS.
8. YOU WILL APPRECIATE THE DIFFICULTIES OF THIS TIGHTROPE: WE ARE STILL THRASHING IT OUT HERE AND WILL ALMOST CERTAINLY NEED TO GO BACK TO EXCO. UNTIL WE DO SO WE CANNOT FINALIZE A DEFENSIVE LINE TO TAKE. THE CHINESE HAVE NOT, HOWEVER, MADE ANY FORMAL APPROACH YET. CONCEIVABLY THEY TOO ARE STRUGGLING TO FORMULATE A SATISFACTORY
DEFINITION TO OFFER AS AN ALTERNATIVE.
WILSON
YYYY
ΜΑΙΝ
17
MINIMAL
ADDITIONAL
1
HKGO LONDON
NNNN
DISTRIBUTION
18
HKD
2
PAGE CONFIDENTIAL