า
and open way and in accordance with clear and objective criteria. We could then set out our preferred solution.
6. what should that solution be? It seems to me that if it turns out that there are more than 12 members of the 1997 LegCo with foreign nationality or foreign right of abode, our first interest is to avoid the disqualification of all these 'foreigners", ie we should find a way in which the number can be reduced to 12, with by-elections, not open to "foreigners", then held in the constituencies thus vacated). But how to decide between the "foreigners"? If for example there are 15 of them, how to decide which 3 should be disqualified?
The most democratic way would perhaps be by a vote of the directly-elected members of Legco (including any "foreigners"), but this would be a non-starter with the Chinese. The next best might be a vote of all Legco members, or, if necessary, by a vote of all "non-foreigners". In any case one would want a secret ballot by STV,
8.
there were
P
An alternative approach would be to try to lay down another objective criterion for the order in which "foreigners" were disqualified. For example it could be in order of age: if
total of 15 "foreigners" the 3 youngest could be disqualified this sounds arbitrary, but age is used to decide between candidates who receive equal votes in some French elections and no doubt elsewhere too: and the younger members have longer to live to fight another day!). or the criterion could be length of residence in Hong Kong.
9. If one of these approaches were adopted, it might perhaps be incorporated in amendments to the electoral legislation, some of which would come into force only at midnight on 30 June 1997- when the Basic Law's entry into effect would presumably overcome the Bill of Rights problem.. But the nationality/right of abode of all LegCo members would have to be established before then and, if the ceiling is exceeded, the decision on which members to disqualify should also be taken shortly beforehand so that it could come into effect at midnight. (LegCo's composition on 1 July 1997 would then be in accordance with the BL, even though by-elections open only to "non-foreigners" were pending for some scats.)
10. This leaves the question of how to establish nationality etc. All LegCo members to make a sworn declaration to the BEC in May/June 1997 and to answer the BEC's questions on oath? (Members refusing to comply automatically disqualified ?) The BEC to take a certificate of the Chinese Government as conclusive confirmation of Chinese nationality in cases of doubt? Members then to notify the BEC of any subsequent change in status?
11. It all sounds rather complicated, but the basic issue is simple, and if all concerned (including ExCo) were content, it should be possible to put a simple outline proposal to the
SECRET