TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 32

SECRET

(A) EXCEPT FOR FOREIGN AND DEFENCE AFFAIRS WHICH ARE THE

RESPONSIBILITIES OF THE CENTRAL PEOPLE'S GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE VESTED WITH HNDEPENDENT EXECUTIVE LEGISLATIVE AND JUDICIAL

POWER INCLUDING THAT OF FINAL ADJUDICAT-KON:

(B) THE GOVERNMENT AND LEGISLATURE OF THE HONG KONG SPEC-FAL ADMINISTRATIVE REGION SHALL BE COMPOSED OF LOCAL INHABITANTS:

(C) THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE

REGION SHALL BE SELECTED BY ELECTION OR THROUGH CONSULTATIONS HELD

LOCALLY AND BE APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT:

(D) THE LEGISLATURE OF THE HONG KONG SPECIAL ADMINISTRATIVE

REGION SHALL BE CONSTITUTED BY ELECTRONS. LEGISLATIVE POWERS

SHALL BE VESTED IN THE LEGISLATURE:

(E) THE EXECUTIVE AUTHORITIES SHALL ABIDE BY THE LAW AND SHALL BE

ACCOUNTABLE TO THE LEGISLATURE.

THE CONVERGENCE

5. FOR CONVERGENCE TO BE ACHIEVED ACCOUNT WILL NEED TO BE TAKEN

OF (NEXT TWO WORDS UNDERLINED) INTER ALIA THE FOLLOWING FACTORS:

(A) THE PROVISIONS IN PARAGRAPH 3 AND ANNEX ** TO THE JOINT

DECLARATION ABOUT THE BASIC POLICIES OF THE PRC REGARDING HONG KONG.

(B) PARAGRAPH 4 OF THE JOINT DECLARATION, WHICH STATES THAT, DURING

THE TRANSITIONAL PERIOD, THE GOVERNMENT OF THE UNITED KINGDOM WILL BE RESPONSIBLE FOR THE ADMINISTRATION OF HONG KONG WITH THE OBJECT

OF MAINTAINING AND PRESERVING ITS ECONOMIC PROSPERITY AND SOCIAL

STABILPTY: AND THAT THE GOVERNMENT OF THE PRC WILL GIVE INTS CO-OPERATION IN THIS CONNECTION. THE GOVERNMENT OF THE UNITED

KINGDOM WILL NOT BE ABLE TO DISCHARGE THIS OBLIGATION UNELSS THE

GOVERNMENT OF HONG KONG RETAINS ITS FULL AUTHORITY. THE GOVERNMENT

OF HONG KONG WILL NOT BE ABLE TO RETAIN TS FULL AUTHORITY UNLESS

IT REMAINS RESPONSIVE TO THE EVOLUTION OF OPINION IN HONG KONG,

ON CONSTITUTIONAL AS WELL AS OTHER ISSUES.

6. TAKING EACH ELEMENT OF GOVERNMENT IN TURN (THE CHIEF EXECUTIVE/

THE EXECUTIVE/THE LEGISLATURE) THE FOLLOWING ISSUES WILL ARHSE

IN ACHIEVING CONVERGENCE.

THE CHIEF EXECUTIVE

7. THE GOVERNOR AND SENIOR OFFICIALS ARE AT PRESENT APPOINTED BY

HMG. ACCORDING TO ANNEX # TO THE JOINT DECLARATION THE CHIEF

EXECUTIVE MUST BE SELECTED BY ELECTION OR CONSULTATIONS HELD

LOCALLY AND BE APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT''.

THERE IS A NUMBER OF POSSIBLE METHODS OF ACHIEVING THIS, INCLUDING:

(A) BY CONTESTED DIRECT ELECTION AMONG ALL QUALIFIED CANDIDATES ON THE BASIS OF UNIVERSAL SUFFRAGE. SECRET

-2

1(B)