23 August 1992
SECRET
Сову не
- Mr Brooks, legal Adviser,
Mr Wye, RAAD
British Embassy Peking
Miss Saunder
Peter Lai Esq
Mr Jute.
for observations, pfe.
Deputy Secretary for Constitutional Affairs
Government Secretariat
HONG KONG
II don't find His ver
4hr 1530 Vocal
(By classified fax: PRIORITY)
attractive
для
23/813
!! Guang Hua In
Jian Guo Men Wai Peking
People's Republic of China
Telephone: 532 1961 2 445 Cabir. Prodrome Peking
Telex: 22191
Facsimile: 532 1949 ext. 285
HKB 011/7/!
Dear Peter,
2
DESECRA
INDE
PA
*EGISTRY
Taken
TALKS ON 1994/95 ELECTIONS:
NATIONALITY
1.
Thank you for your letter of 13 August
grad that it
has been possible to look further into this, even though the answer is not the one we would have wished.
2. In briet it now seems that it would probably not be possible for the Chinese to agree to turn to a blind eye to any passing of the 20% ceiling in the 1995-99 Legco, since any disgruntled individual could bring a legal challenge.
3. In these circumstances I wonder whether it is worth considering whether we should modify our approach. I think that we are already agreed that it is no longer satisfactory just to dismiss BL67 as "a problem for the Chinese"; it also poses a problem for our professed objective of a through train, with tickets inspected in accordance with acceptable, objective criteria which must be made known before 1995.
4.
In the case of the qualification about upholding the Basic Law, we have not only asked the Chinese what criteria they envisage: we have also made our own proposal. I wonder whether we should not now do the same in the case of the nationality qualification.
5. What I have in mind is that we should tell the Chinese in Round 10 or 11 that we have considered their points about BL67. For the reasons we have already explained it is not possible for us to implement this rule in 1995, Arrangements to implement it in 1999 would be a matter for the SAR/Chinese side. We have no reason to expect that in practice the 20% ceiling will be exceeded in the Legco elected in 1995. But we accept that we cannot be certain about this and (as the Foreign Secretary warned in 1990) it could pose a problem for continuity/the through train. To minimise uncertainty it would be better to make public now, and in any case before the 1995 elections, that the Preparatory Committee would handle such a problem in a fair
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