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(THIS WOULD BE ALL THE MORE IMPORTANT IF DIFFERENTIAL VOTING
METHODS ARE RETAINED: SINCE THE GEC ELEMENT WILL EFFECTIVELY DILUTE THE DIRECTLY ELECTED QUOTE CAMP UNQUOTE, IT MUST NOT DUPLICATE THE FUNCTIONAL CONSTITUENCIES.) THREE POSSIBLE SUCH CONSTITUENCIES ARE: ONE COMPOSED OF FORMER POLITICAL FIGURES (EG, FORMER NON-OFFICIAL MEMBERS OF EXCO AND LEGCO WHO ARE PERMANENT RESIDENTS): A SECOND IS A LOCAL ELEMENT EG MEMBERS OF DISTRICT BOARDS, URBAN BOARDS AND REGIONAL COUNCILS: A THIRD MIGHT BE CONSTRUCTED OUT OF MEMBERS OF THESE COUNCILS, COMMITTEES AND BOARDS WHICH APPEAR IN YOUR QUOTE CIVIL AND MISCELLANEOUS LISTS UNQUOTE CF ARTICLE 65 OF THE DRAFT BASIC LAW. THE SECOND AND
THIRD POSSIBILITIES COULD OF COURSE PRODUCE A NUMBER OF
CONSTITUENCIES. WE ARE NOT OVERLY CONCERNED ABOUT THE SIZE OF
THE GEC. THE IMPORTANT POINT IS HOW IT IS PRODUCED AND THAT IT SHOULD REPRESENT THE INTERESTS OF A WIDER GROUP THAN ITSELF. 7. THERE WILL OF COURSE BE A TWO TIER PROCESS. A NUMBER OF
CONSTITUENCIES WILL ELECT THE GEC WHICH WILL THEN ELECT THE SET NUMBER OF LEGCO MEMBERS. IN OUR VIEW, THE LEGCO MEMBERS ELECTED WOULD NOT NEED TO BE MEMBERS OF THE GEC OR OF A CONSTITUENCY WHICH ELECTED MEMBERS OF THE GEC. THERE COULD BE A SIMPLE REQUIREMENT THAT THEY ARE NOMINATED BY A REQUIRED NUMBER OF MEMBERS OF THE GEC. (WE ARE FAXING (TO DARWIN CHEN, GDB) A MORE DETAILED PAPER PREPARED BY FIFOOT). NATIONALITY/RIGHT OF ABODE RESTRICTIONS
8. WE HAVE TELEGRAPHED SEPARATELY OUR LEGAL ADVISERS' COMMENTS (MY TELNO 241). YOU WILL SEE FROM THIS THAT WE BELIEVE WE SHOULD CONCENTRATE OUR ARGUMENTS ON PRACTICAL IMPLEMENTATION AND THE IMPACT ON CONFIDENCE OF SUCH PROVISIONS, NOT ON THE QUESTION OF CONSISTENCY WITH THE JD.
NEXT STEPS
9. IT SEEMS TO US THAT YOU ARE BEST PLACED TO PROVIDE FIRST DRAFTS OF POSITION PAPERS. WE REALISE THAT THIS WILL BE AN UNWELCOME TASK AT SUCH SHORT NOTICE. BUT SINCE MUCH OF OUR ARGUMENT WILL BE BASED ON THE UNACCEPTABILITY OF SOME OF THE CURRENT DRAFT BASIC LAW PROVISIONS TO HONG KONG OPINION, WE SEE NO ALTERNATIVE.
10.
THESE ARE NOW MATTERS OF GREAT URGENCY. WE SHALL WANT TO
FINALISE THE PAPERS BY 2 FEBRUARY. THIS WILL MEAN SUBMITTING TO
OUR MINISTERS ON 31 JANUARY AND TO THE PRIME MINISTER ON 1 FEBRUARY. GRATEFUL THEREFORE IF YOU COULD AIM TO TELEGRAPH A FIRST DRAFT DESKBY 30090OZ. WE WOULD AIM TO COMMENT BY TELEGRAM IN THE COURSE OF THAT DAY AND TO RECEIVE YOUR FINAL COMMENTS CAND THOSE OF PEKING AND UKREP JLG) DESKBY 31090OZ.
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