67.
members to serve on the Legislative Council from among these by simple majority.
In the view of Her Majesty's Government and the Hong Kong Government this proposal does not meet the essential
requirements and would not therefore provide a fair and open method of election.
68.
Following precisely the composition for the fourth sector set out in paragraph 2 of Annex 1 of the Basic Law raises two problems. First, the Basic Law model includes members of the present Legislative Council, not all of whom have been elected. Second, it includes representatives of Hong Kong Deputies to the National People's Congress and Hong Kong members of the Chinese People's Political Consultative Conference who have not been elected openly and fairly in Hong Kong; to include such people in the Election Committee simply by virtue of their membership of these non-Hong Kong bodies would be a major breach of the requirement that the Election Committee should be composed of people who had themselves been elected openly and fairly in Hong Kong.
69.
The Chinese side could give no explanation for choosing 600 as the size of the Election Committee. But the fact that
they were prepared to introduce this variation into the model set out in Annex I of the Basic Law undermines their argument that the composition and ratio set out there could not also be adapted to the special circumstance of elections in Hong Kong in 1995.
70. The voting method proposed by the Chinese side is self-evidently restrictive. Nor is it clear in the Chinese proposal that the twelve candidates for election would themselves be elected rather than chosen by some less open
process.
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