SECRET

British Embassy Peking

pa

123

Elections

(011/7)

4 November 1993

LUKB 01117

BY

11 Guang Hua Lu

PAST

Peter Lai“Esq

Deputy Secretary for Constitutional Affairs

Constituti

HONG KONG

(By classified fax: IMMEDIATE)

Dear Peter,

TALKS ON 1994/95 ELECTIONS:

Jian Guo Men Wai

Peking

People's Republic of China

Telephone: 532 1961/2/3/475 Cable: Prodromo Peking

Telex: 22101

~Faquimile; 582 (939 ext. 249

M. Marrs s/n. The Chinese full

Mr Buste

Mir Samb

str

DB/MC APPOINTED MEMBERS

may try this; if So. Here will be

no deal (see below

Let's see

1. I still wonder whether we may be jumping to premature conclusions about the Chinese position on appointed membership of DBS and MCs in 1994/95, ie whether they are prepared for us

Their present to legislate to abolish appointed membership. formula still leaves it open to them to say that we should maintain the status quo until 30 June 1997, when the SAR will decide whether to change it.

2. I suppose the Chinese might fall back to saying that we could maintain the present system but in practice not make any appointments in 1994/95, and that they would not object to this. It would therefore be helpful to know whether this is a constitutionally feasible position or whether we can rule it out ab initio on the grounds that, without legislation to abolish the appointed seats, until the Government made the prescribed number of appointments the DBs and MCs would not be properly constituted, ie they could not conduct any business? suppose that since you would still wish to legislate to increase the number of elected seats it would in theory be possible to legislate at the same time to make optional the appointment of extra members.)

3.

(But I

Perhaps Jiang Enzhu will put an end to such speculation tomorrow and enlighten us about Chinese thinking!

Yours

Nigel.

ever

N J COX

CC

PF-Ricketts Eng, HKD----FCO (By classified fax: PRIORITY)

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