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053647
MDHOAN 1841
THAT A 'MAINSTREAM' POLITICAL MODEL HAD BEEN ADOPTED. FOR THE
FIRST TERM OF THE LEGISLATURE IT STIPULATED 18 DIRECTLY ELECTED SEATS (30 PER CENT), 30 FUNCTIONAL CONSTITUENCY SEATS (50 PER CENT) AND 12 ELECTION COMMITTEE
SEATS (20 PER CENT). REPORTS ALSO SAID THAT PARAGRAPH
SIX OF THE DRAFT NPC DECISION ON THE FORMATION OF THE FIRST SARG (SS PARA 1 ABOVE) HAL BEEN AMENDED TO REFLECT THE NEW COMPOSITION OF THE FIRST LEGISLATURE, INCLUDING THE REFERENCE TO THE PROPORTION TO BE RETURNED BY THE ELECTION COMMITTEE. SINCE THIS PARAGRAPH ALREADY PROVIDES FOR FORMER MEMBERS OF THE LAST HONG KONG LEGCO (WHO MEET THE REQUIREMENTS SET FORTH IN THE BASIC LAW)
TO CONTINUE AS MEMBERS OF THE FIRST SAR LEGCO, THE IMPLICATION IS THAT THE CASE WILL ALSO BE TRUE FOR PRE-1997 LEGCO MEMBERS
ELECTED BY AN ELECTION COMMITTEE PUT IN PLACE BY US. PRESS REPORTS ALSO QUOTED LI HOU AS SAYING THAT THE INCLUSION OF THE GEC WAS AIMED AT ENSURING STABILITY AND WAS A CONCESSION MADE TO FACILITATE CONVERGENCE, AS IT COULD BE IN PLACE BEFORE 1997. HONG KONG DRAFTERS HAVE INTERPRETED LI HOU'S WORDS AS MEANING THAT THE ELECTION COMMITTEE TO RETURN LEGCO MEMBERS WOULD BE DIFFERENT FROM THAT FOR THE CHIEF EXECUTIVE. ASSESSMENT
5.
THE PROVISION FOR AN ELECTION COMMITTEE DOES NOT IN ITSELF POSE A PROBLEM OF CONVERGENCE. BUT WE MUST BE SURE THAT TERMS FOR THE COMPOSITION (NEXT WORD UNDERLINED) AND CONSTITUTION OF THE ELECTION COMMITTEE
WE
ARE SET OUT CLEARLY IN ANNEX II OF THE BASIC LAW AND ARE SATISFACTORY TO US. WE WOULD HAVE TO ASK THE CHINESE TO CONSULT US ON THE DRAFT TEXT IF WE WERE EXPECTED TO CONVERGE WITH IT. WOULD WANT BOTH THE COMPOSITION AND CONSTITUTION OF THIS ELECTION COMMITTEE TO DIFFERENT FROM THAT FOR THE CHIEF EXECUTIVE LAID DOWN IN THE DRAFT BASIC LAW. FOR EXAMPLE, HONG KONG MEMBERS OF THE NATIONAL PEOPLE'S CONGRESS WHO HAVE A ROLE IN SELECTION OF A CHIEF EXECUTIVE ACCOUNTABLE TO THE CENTRAL PEOPLE'S GOVERNMENT, BUT NOT IN THE ELECTION OF THE SAR LEGISLATURE, SHOULD BE EXCLUDED. WE WOULD ALSO NEED TO REITERATE THE IMPORTANCE OF AN ELECTION COMMITTEE WHICH IS FULL, REPRESENTATIVE AND OPEN.
SEPARATE VOTE COUNTING
THE BLDC SUB-GROUP MEETING ON 17-20 JANUARY, ACCORDING TO PRESS REPORTS, AGREED TO ADD A BASIC LAW PROVISION AS FOLLOWS:
'UNLESS OTHERWISE SPECIFIED BY THIS LAW, ALL BILLS AND MOTIONS INTRODUCED TO THE LEGISLATIVE COUNCIL OF THE HKSAR SHALL BE PASSED BY A SIMPLE MAJORITY OF MEMBERS ELECTED BY FUNCTIONAL
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