SECRET
012/1.
RECEIVED IN REGISTRY
6 days
bu i on week
MB19/2.
FROM:
Jill Barrett
Assistant Legal Adviser K174 270 3381
19
1993
DESK OFFICER INDEX
PA
REGISTR
Action Taker
DATE:
18 February 1993
CC.
Mr Ricketts, HKD
Mr Bunten
HKD
Mr Wye, RAD Miss S Brooks
BASIC LAW: FUNCTIONAL SECTORS AND CORPORATE BODIES
2
1. I refer to your minute to Mr Wye of 16 February in which you asked for our views on the meaning of "fa ding tuan ti" in Annex II (2) of the Chinese text of the Basic Law.
2. "Fa ding" normally means "statutory" or "stipulated by law". "Tuan ti" means "organisation". In this context, it could mean bodies stipulated as eligible to return Election Committee members by the electoral law referred to in the same para. Or it could mean incorporated bodies in a more general sense (this sense seems closer to the term "corporate bodies" used in the English translation). Either way, it seems clear that it refers to the same thing as "ge jie bie fa ding tuan ti " (tr.
as "corporate bodies in various sectors") in Annex I (3) (2nd tiret).
3.
The "jie bie" ("various sectors") referred to in Annex I (3) are those listed in Annex I (2) where you will see that the term "jie" ("sector") appears in the first three categories but not the fourth. The fourth category consists of public bodies, whereas the first three consist of private ones. Since the "corporate bodies" are entities within "sectors", it would seem that it is referring to entities which are of a private nature. You ask whether "corporate body" could include the Urban Council or the General Chamber of Commerce. Since the Urban Council would fall within the fourth category listed in Annex I (2) (as a "district-based organisation" I imagine) which is not called a "sector", it looks as though it would not be encompassed by the term "corporate body". I see no reason in principle why the General Chamber of Commerce should not be a "corporate body" within the "commercial sector". But if "fa ding tuan ti" in Annex I (3) has the more limited meaning suggested above, this would depend on the terms of the electoral law to be passed after 1997.
4. I would agree that there appears to be some overlap in the provisions on the electoral law in Annex I (3) and those in Annex II (2). But you will see that Annex II lists considerably more matters that will need to be stipulated in relation to Legco elections. The phrase "ge ge gong neng jie bie he fa ding tuan ti de hua fen" (tr. as "the delimitation
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