TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 47

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FORM OF ELECTION WHICH ENSURES THE PRESENCE OF KEY OFFICIALS IN

THE LEGISLATURE AFTER 1997 WHILE COMPLYING WITH THE TERMS OF

JD49.

TO ACHIEVE THIS WE SHALL NEED TO DECIDE ROUGHLY HOW MANY

OFFICIALS (INCLUDING THE KEY ONES) WOULD NEED TO

CONTINUE TO BE MEMBERS OF THE LEGISLATURE AFTER 1997: AND THEN TO

DEVISE A FORM OF ELECTION WHICH BOTH IS SIMPLE AND COMPLIES WITH

JD49.

THIS WAS THE PROBLEM POSED IN NOTE 2 OF TRILOGY

▼

II, WHERE WE RECOGNISED THAT OFFICIALS HAD AN IMPORTANT ROLE (AND

ONE WHICH WAS BASICALLY DIFFERENT FROM THAT PLAYED BY OTHER

MEMBERS) TO PLAY IN THE LEGISLATURE BEFORE AND AFTER 1997.

THERE IS A RISK THAT YOUR WISH (IN PARA 7(B) OF YOUR TELNO

3014) QUOTE TO ENSURE... THAT THE ELECTIONS ARE SEEN TO BE BASED

ON GENUINE AND IMPORTANT CONSIDERATION OF THE MERITS OF COMPETING

CANDIDATES UNQUOTE MAY LEAD US TO LOSE SIGHT OF THE FACT THAT

OFFICIALS NOW PLAY, AND WILL CONTINUE TO PLAY A DIFFERENT ROLE FROM

THAT OF OTHER MEMBERS, AND THUS EITHER TO OUR FAILING TO ENSURE THAT

SUFFICIENT OFFICIALS REMAIN IN THE LEGISLATURE OR TO OUR DEVISING

MORE ELABORATE ELECTORAL ARRANGEMENTS THAN ARE STRICTLY

NECESSARY.

4.

AND

WITH THESE CONSIDERATIONS IN MIND, ONE POSSIBLE,

RELATIVELY SIMPLE, MEANS OF MEETING OUR OBJECTIVES WOULD APPEAR

TO BE AN ARRANGEMENT ON US LINES WHEREBY THE CHIEF

EXECUTIVE WOULD NOMINATE KEY OFFICIALS OF HIS CHOICE WHO WOULD

THEN BE CONFIRMED (BY FORMAL ELECTION) AS MEMBERS OF THE

LEGISLATURE (EITHER BY THE GEC OR BY THE REST OF THE LEGISLATURE

ITSELF). SUCH A PROCESS WOULD WE BELIEVE SUFFICE FOR THE

PURPOSES OF JD49.

CHALKER

YYYY

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