28-OCT-1992

17:21

A.G.'S CHAMBERS

5

+852 877 2130 P.03

:

4.

how

the

this should be done could be discussed between

two sides in due course. He also expressed the hope that the five principles agreed between the two sides could be reflected in the Basic Law.

Mr Hurd told the House of Commons on 16 February 1990: "The key issues (other than directly elected seats) are voting procedures, the composition and constitution of

the Grand Electoral College.... and restrictions on the nationality of members of the post-1997 legislature.

As for 1995, we plan to increase the number of directly

elected seats to at least 20.

If we then decide to

introduce the electoral arrangements envisaged in the Basic

Law, it will be possible for members elected in 1995 to

carry on over the 1997 barrier to 1999." This statement

makes clear that no decision had been taken on whether or

not to introduce the electoral arrangements in the Basic

Law: the British side was waiting to see its final terms.

5.

Unfortunately,

the Chinese Government did not change

position оп the new nationality provisions for the SAR legislature, nor on the voting method for the SAR legislature. The five principles were not fully reflected

in the final

final version of the Basic Law. For example, the principle that voting

omitted.

(paragraph

In

version

voting should be by secret ballot was addition, the final version of the Basic Law

of Annex II) made clear that the Election Committee of the first SAR legislature would explicitly not be the Election Committee for 1999 whose composition was set out in Annex I of the Basic Law, but gave no indication of what its composition should be.

6.

several

The Election Committee for 1995 is thus one of issues on which the Governor has had to put forward

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