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(A) SEPARATE VOTE COUNTING HAS NEVER BEEN A FEATURE OF THE HONG KONG LEGISLATURE. IT IS NOT A SYSTEM TO WHICH HONG KONG LEGISLATORS ARE ACCUSTOMED. ITS INTRODUCTION AFTER 1997 WOULD INTRODUCE UNCERTAINTIES AT A TIME WHEN CONTINUITY OF INSTITUTIONS AND METHODS OF WORK WILL BE IMPORTANT FOR STABILITY:
(B) SUCH A METHOD OF COUNTING VOTES WOULD HAMPER THE EFFICIENT CONDUCT OF THE LEGISLATURE'S BUSINESS BY SLOWING UP THE PASSAGE OF LEGISLATION. IT WOULD BE BEST TO AVOID SUCH PRACTICAL DIFFICULTIES.
(C) IF THE FINAL VERSION OF THE BASIC LAW ADOPTS THE PROVISION DESPITE STRONG LOCAL OBJECTIONS, THERE WILL BE A GREAT DEAL OF CRITICISM IN HONG KONG THAT THE DRAFTERS HAVE DISREGARDED LOCAL OPINIONS. THIS WOULD HAVE AN ADVERSE AFFECT ON PUBLIC ATTITUDES TO THE BASIC LAW AS A WHOLE:
(D) UNDER THE PROPOSED PROVISION, A GOVERNMENT BILL THAT HAS FAILED TO SECURE A MAJORITY OF BOTH CATEGORIES OF MEMBERS COULD AFTER AMENDMENT BE RE-SUBMITTED FOR APPROVAL BY A SIMPLE MAJORITY OF MEMBERS ATTENDING THE MEETING. IN SUCH CASES IT IS DOUBTFUL WHETHER ANYTHING WOULD BE ACHIEVED BY THE INITIAL SEPARATE VOTE COUNTING PROCEDURE. WHAT WOULD BE LOST WOULD BE A STRAIGHT-FORWARD EASY TO UNDERSTAND AND EFFICIENT SYSTEM OF CONDUCTING BUSINESS IN THE LEGISLATURE.
(E) THE INCLUSION OF SUCH A PROVISION IN THE FINAL BL WOULD INEVITABLY GIVE RISE TO PROBLEMS OF CONVERGENCE.
5. BECAUSE OF THE DIFFICULTIES AND PROBLEMS INHERENT IN INTRODUCING A DIFFERENT VOTING SYSTEM IT IS SUGGESTED THAT THE CHINESE SIDE SHOULD RETAIN THE SECOND PARAGRAPH OF ARTICLE 74 OF THE DRAFT BASIC LAW PUBLISHED BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON 21 FEBRUARY 1989.
(THE FOLLOWING IS TO BE USED AS A FALLBACK ONLY IF THE CHINESE INSIST ON RETAINING SOME ELEMENT OF SEPARATE VOTE COUNTING)
·6. THE CHINESE SIDE WILL WISH TO CONSIDER WHAT STEPS MIGHT BE TAKEN TO MEET WIDESPREAD CONCERNS IN HONG KONG OVER THE INEFFICIENCY A SEPARATE VOTE COUNTING SYSTEM WILL CAUSE TO LEGISLATIVE ACTION. THE FOLLOWING MODIFICATIONS, WHILE FAR FROM IDEAL FROM THE BRITISH SIDE'S VIEW, MIGHT REDUCE SOME OF THE DISADVANTAGES OF THE ORIGINAL PROPOSAL :-
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