The "Through Train"
45.
The British side proposed in round one of the talks that
the only necessary qualification for legislators elected in
1995 to continue in office until 1999 should be a pledge of
allegiance to the Hong Kong Special Administrative Region of
the PRC and a pledge to uphold the Basic Law. This would be
exactly the same requirement as that set out in Article 104 of
the Basic Law for SAR officials, Executive and Legislative
Councillors and members of the judiciary on taking office.
46.
The Chinese side took the position that they would only be willing to discuss criteria for the through train when they were satisfied that the composition of the 1995 Legislative
Council would conform to their interpretation of the Basic Law.
They also pointed out that according to the Decision of the
National People's Congress on the Method for the formation of
the First Government and the first Legislative Council of the
Hong Kong Special Administrative Region (quoted as a footnote to paragraph 7 above) it would be for the Preparatory Committee
to confirm members of the Legislative Council as members of the
first SAR Legislature. In Round 14, the Chinese side said that they wished to take a major step forward, and produced the following formula: "The British side hope that the Chinese
side will make a recommended suggestion on the interpretation
and explanation by the relevant institution of the requirements
for confirming LegCo members. The Chinese side have taken note
of the British side's wish".
47. The British side's view is that there would be no point
in agreeing detailed arrangements for the 1995 Legislative Council elections with the Chinese side, unless there could
also be agreement announced will in advance on clear and
objective criteria for the through train, and an assurance from
the Chinese authorities that the NPC Standing Committee would
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