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SECRET
HKB
01214
SECRET
FM HONG KONG
TO DESKBY 311200Z FCO
TELNO 377
OF 311244Z JANUARY 90
RECEIVED IN PEGISTRY
0 2FEB 1990
DESE OF TA
INDEX
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
MIPT: CONSTITUTIONAL DEVELOPMENT
THE FOLLOWING IS OUR DRAFT TEXT FOR THE PAPER ON NATIONALITY/RIGHT OF ABODE:
BEGINS
(21)
067537
MDHIAN 4573
Redacted under FOI exemption sections 27 (1)(a), (c), (d)
CHINESE NATIONALITY REQUIREMENT FOR LEGISLATIVE COUNCIL MEMBERSHIP OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
2. THE BRITISH SIDE UNDERSTAND FROM SUBSEQUENT PRESS REPORTS THAT THE BLDC SPECIAL GROUP ON THE POLITICAL SYSTEM HAS PROPOSED THAT THE BASIC LAW SHOULD INCLUDE A STIPULATION THAT MEMBERS OF THE LEGISLATURE OF THE HKSAR SHALL BE CHINESE CITIZENS WHO ARE PERMANENT RESIDENTS OF THE SAR AND WHO HAVE NO RIGHT OF ABODE IN FOREIGN COUNTRIES SEMI COLON PERMANENT RESIDENTS OF THE SAR WHO ARE NOT CHINESE NATIONALS OR WHO HAVE A RIGHT OF ABODE IN FOREIGN COUNTRIES MAY ALSO BE ELECTED AS MEMBERS, BUT THEY SHALL NOT EXCEED 15 PER CENT OF TOTAL MEMBERSHIP.
3. SERIOUS DOUBTS HAVE BEEN RAISED IN HONG KONG ABOUT THE PRACTICABILITY OF THESE PROPOSALS. THE BRITISH SIDE HOPE THE FOLLOWING COMMENTS WILL BE HELPFUL TO THE CHINESE SIDE IN COMING TO A FINAL VIEW ON THESE PROPOSALS IN THE CONCLUDING STAGES OF THE DRAFTING EXERCISE.
4.
THE BRITISH SIDE RECOGNISE THAT ALTHOUGH NATIONALITY RESTRICTIONS DO EXIST IN SOME LEGISLATURES, NO SUCH RESTRICTIONS HAVE BEEN PLACED ON MEMBERSHIP OF THE HONG KONG LEGISLATIVE COUNCIL, THE MUNICIPAL COUNCILS AND THE DISTRICT BOARDS. THE IMPOSITION OF SUCH RESTRICTIONS ON MEMBERSHIP OF THE LEGISLATURE