Race3.

VERMENT 'HOUSE HONG KONG.

FRI 15 JAN 93 11:46

PG.26

SECRET

XCX(93)10

EC, thus making the overall size of the EC slightly larger than that envisaged in the Basic Law. But the Chinese would then likely argue that this is inconsistent with the Basic Law.

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A detailed composition of the EC as described in paragraphs 5 and 6 above is at Annex C.

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There are four major differences between the EC set out at Annex B and the Basic Law model. First, there is no Religion sub-sector. There are real, practical difficulties in clearly delineating such a sub-sector for the purpose of the first EC. These include, for examples, the definition of "religion" and the question of how the electorate is to be constituted. Also, unlike the other sub-sectors, we do not have the convenience of having a Religion FC; the guidelines in the 1988 White Paper having prescribed that no FCs shall be based on ideology or dogma.

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Secondly, the Basic Law model envisages the third sector to be made up of, inter alia, “other sectors”, but has not specified what these sectors might be. The alternative in Annex B has therefore restricted the composition of the third sector to "Labour, education, health care and social services" for present discussion. If it is considered desirable to expand this sector, some possible choices are the handicapped, students, women and environmentalists. (These are possible new FCs suggested by a number of individuals/organizations.) A common problem with them, however, is that all of them do not lend themselves to easy delineation. Additionally, they do not fit into the organization based concept of the existing FCs. If they were to be included in the EC, therefore, new franchise would have to be developed and new electoral roll created.

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Thirdly, we have omitted from the fourth sector Hong Kong deputies to the National People's Congress (NPC), as well as representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC). This is because they have not been elected to their positions through an open, democratic process.

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Fourthly, we have omitted from the fourth sector Members of LegCo. It is questionable whether it is either appropriate or desirable for some LegCo Members to be given the specific right of electing some other LegCo Members. At the very least, it could well create a misleading impression that the former are superior to, or have a higher status than,

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Executive Council

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