Redacted under FOI exemption 27(1)
For information
CONFIDENTIAL
18
HKC340
on 6 February 1990 RECEIVED IN REGISTRY
Blue Vol XXXIX (22)
sque
XCX (90) 8 8
NOT FUR EXECUTIVE COUNCIL
•
43
Copy No.
21 FEB 1998
Jens Barrett
CHINESE NATIONALE.
UIREMENT FOR
Not:
THE HONG KONG SPESIÁL ADMINISTRATIVE REGION
Legal Adviser
ра
Chinese
altitudes.
fua/z
INTRODUCTION
MEMBERSHIP OF THE LEGISLATURE OF
A
BACKGROUND
Current Position
2
The BLDC Special
Special Group on the Political System has proposed that the SAR legislature should be composed of Chinese citizens who are permanent residents of the SAR and who have no right of abode in foreign countries. Permanent residents of the SAR who are non-Chinese nationals or who have right of abode in foreign countries may also be elected as members, but they shall not exceed 15 per cent of total membership.
the
Compatibility with the Joint Declaration
3
We have consulted the FCO on whether the restrictions proposed by the BLDC Special Group would contravene the Joint Declaration. A full analysis by the FCO Legal Advisers is attached at Annex A.
Declaration legislature
The legal advisers take the view that the Joint (JD 46) does require that members of the SAR should have a genuine local connection with Hong Kong; but 80
long as that condition is fulfilled it does not follow that the Joint Declaration excludes the addition of other qualifications for legislators. The legal advisers have therefore concluded that as
matter of construction the proposed nationality and right of abode requirements for membership of the legislature would not be a breach of the Joint Declaration.
agree with this view of the legal position.
We
CONFIDENTIA'