(136) b
SECRET
MDI
7537 4573
AFTER 1997 WILL THEREFORE RUN COUNTER TO THE HITHERTO WELL- ESTABLISHED PRACTICE.
5. IT IS NOT CLEAR HOW THE PROPOSED 15 PER CENT RULE WILL BE IMPLEMENTED. PRESUMABLY THE ELECTORAL LAW OF THE SAR WILL PRESCRIBE THE PROCEDURES IN DETAIL. IT IS THE VIEW OF THE BRITISH SIDE THAT SUCH LEGAL STIPULATIONS WILL INEVITABLY BE COMPLICATED AND INFLEXIBLE. THERE WOULD BE GREAT DIFFICULTY, IF THE NUMBER OF SUCCESSFUL CANDIDATES WHO WERE FOREIGN NATIONALS OR HAD A RIGHT OF ABODE IN FOREIGN COUNTRIES EXCEEDED THE PROPOSED CEILING, IN DECIDING WHICH OF THE CANDIDATES SHOULD BE ASKED TO STEP DOWN IN ORDER TO MEET THE 15 PER CENT RULE AND HOW THE VACANCIES THUS CREATED SHOULD BE FILLED. THE PROPOSED REQUIREMENT WOULD ALSO RESTRICT THE RANGE OF TALENTS FROM WHICH MEMBERSHIP OF THE LEGISLATURE CAN BE DRAWN.
6. FURTHERMORE THE INTRODUCTION OF A RESTRICTION ON THE LINES PROPOSED WOULD CREATE A SERIOUS PROBLEM FOR THE FULL CONTINUITY OF MEMBERSHIP OF THE LEGISLATURE BETWEEN 1995 AND 1997.
7.
SQUARE BRACKETS BEGIN. THE ADDITION OF SUCH SIGNIFICANT RESTRICTIONS IN THE FINAL STAGE OF THE DRAFTING EXERCISE WITHOUT SQUARE BRACKET ON FULL PRIOR FULL BRACKET OFF CONSULTATION WITH THE PEOPLE OF HONG KONG WILL NOT BE HELPFUL IN CONVINCING THEM THAT THE DRAFTING OF THE BASIC LAW HAS TAKEN THEIR VIEWS FULLY INFO ACCOUNT. IT WOULD GREATLY HELP BOOST ACCEPTANCE OF THE BASIC LAW IF SUCH RESTRICTIONS WERE REMOVED. SQUARE BRACKETS END
(THE FOLLOWING IS TO BE USED ONLY IF THE CHINESE INSIST ON RETAINING THESE RESTRICTIONS.)
8.
THE CHINESE SIDE MAY WISH TO GIVE SERIOUS CONSIDERATION TO MEASURES THAT WILL ALLEVIATE LOCAL CONCERNS OVER THE ADVERSE EFFECTS OF SUCH RESTRICTIONS. IF THE CEILING WERE SET AT, SAY, 25 PER CENT, A GREATER NUMBER OF NON-CHINESE PERMANENT RESIDENTS WHO HAVE TALENT AND EXPERIENCE AND ARE DEDICATED TO THE WELL-BEING OF THE HKSAR WILL BE ABLE TO CONTRIBUTE TO THE WORK OF THE LEGISLATIVE COUNCIL AND THERE WOULD BE LESS LIKELIHOOD, IN PRACTICE, OF FINDING A SITUATION WHERE THE NUMBER OF ELECTED MEMBERS IN THE RESTRICTED CATEGORY EXCEEDED THE LIMIT PROSCRIBED IN THE BASIC LAW. NEVERTHELESS A SYSTEM FOR DEALING WITH THE POSSIBILITY OF MORE CANDIDATES IN THE RESTRICTED CATEGORY BEING ELECTED THAN THE BASIC LAW ALLOWED FOR WOULD STILL HAVE TO BE FOUND.
ENDS.