41. In informal discussion during Round 17 the Chinese side said that, if the British side could accept that the voting method for the Legislative Council should not be included in a first stage understanding they could accept an ‘agreement to disagree' formula on appointed membership that
formula they put forward was as follows:
"put forward two texts
for an oral understanding would allow the British side to abolish appointed seats in 1994/95. The : one covered only arrangements for the Municipal Conn at and District Board elections. The other. covered the same. ground but with the addition, for the Legislative Council elections, of the voting age)
X,
“The British side propose to abolish appointed seats in the District Boards and Municipal Councils with effect from September 1994 and
And the removal of the restriction on Hong Kong residents who are members
March 1995 respectively. The Chinese side propose to retain an
appropriate proportion of appointed seats in the District Boards and Municipal Councils to be constituted in 1994 and 1995. The Chinese
side state that, from 1 July 1997, the Hong Kong Special Administrative
Region Government will determine the number of appointed seats of the District Boards and Municipal Councils in accordance with the provisions of Article 98 of the Basic Law".
42. This formula was different from that put forward in Round 15, | notably in the omission of the words "on its own" after the reference to the Hong Kong Special Administrative Region Government. The Chinese side made clear in their presentation of this proposal that if the British side insisted on abolishing appointed seats in 1994/95 the Chinese side
of Chinese People's Congresses. The Chinese side said that in either case, if the British side Could
accept that the voting Administrative Region Government would in the future determine on method for the Legislative
would in the future establish an appropriate proportion of appointed seats. After 30 June 1997 the Special Administrative Region Government would, in accordance with Article 98 of the Basic Law, determine on their own the number of appointed seats. It did not mean that the Special
Council should not be
their own whether to retain or abolish appointed seats; that decision would be for "the Chinese side".
included in the understanding 43. Even if the British side had been able to accept the Chinese pre-
requisite for such a formula, namely the exclusion from the deal of the Legislative Council voting method - and they could not do this - they could not have accepted such an understanding on appointed membership. The Chinese proposal represented an erosion of the autonomy promised to the Hong Kong Special Administrative Region under the Joint Declaration and the Basic Law. It should be for the Special Administrative Region authorities on their own to determine by law the composition of the "district organisations", including the question of what (if any) should be the number of appointed District Board and Municipal Council members. This should be a matter within the high degree of autonomy that Hong Kong is guaranteed under both the Joint Declaration and the Basic Law.
44. When it became apparent during Round 17 that it would not be possible to reach agreement on the issues covered in the British draft Memorandum of Understanding, the British Representative made plain that his instructions did not give him authority to continue discussion of a first-stage understanding. But he emphasised that the British side wished to continue discussion of the remaining issues, and proposed that a further round be held in December in order to do so. The Foreign Secretary sent a message to the Chinese Foreign Minister on 30 November confirming that for practical and political reasons it would be necessary for the Governor to introduce draft legislation on the issues covered in the draft Memorandum of Understanding to the Legislative Council in the first half of December, and to announce his intention to do so to the Legislative Council on 2 December. The Chinese response, received on
In addition,
the Chinese side's reassertion, in the context of the discussion of
a first stage agreement, that we should not legislate unilaterally on any matter not agreed with the Chinese side,
an obstacle.
remained
(2
15
2