substantial size and importance in the community.

Nationality Provision

75.

The Chinese side proposed in Round 9 of the talks that

the Hong Kong Government should implement the nationality

provision of the Basic Law in 1995, two years before the Basic

Law comes into force. The nationality provision provides that permanent residents of the Region who are not of Chinese nationality or who have the right of abode in foreign countries

may be elected to the Legislative Council "provided that the proportion of such members does not exceed 20% of the total membership of the Council".

76. The British side made clear that it would not be possible

to discriminate in this way against British nationals, in

elections held in 1995 while Hong Kong was still under British

sovereignty. The nationality status of individual members of

the legislature could change between the elections in 1995 and 1

July 1997. But the British side said that they would be willing

to discuss any Chinese ideas as to how this provision might be

implemented after 1 July 1997, in the unlikely event that more

than 20% of members were at that time foreign nationals or held

right of abode outside Hong Kong.

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