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PRODUCED UNCERTAINTY. REMOVAL OF THE REFERENDUM WOULD HELP TO CREATE A SENSE OF CERTAINTY. EQUALLY, SHORTENING THE TIMETABLE TOWARDS UNIVERSAL SUFFRAGE WOULD HELP TO GAIN WIDE SUPPORT FOR THE BASIC LAW. INCREASING THE NUMBER OF DIRECTLY ELECTED MEMBERS UPTO ONE THIRD IN 1997 WOULD ALSO ATTRACT SUPPORT. I HAD TOLD ZHOU NAN THAT A GOOD WAY OF ADVANCING TO ONE THIRD WOULD BE TO INCREASE THE TOTAL MEMBERSHIP TO 60. THIS WOULD GIVE 20 DIRECTLY ELECTED MEMBERS AND MAKE AN EASIER TRANSITION FROM THE 10 DIRECTLY ELECTED MEMBERS ALREADY PLANNED FOR 1991. THE ALTERNATIVE OF MOVING FROM 10 TO 15 CONSTITUENCIES WOULD BE MUCH HARDER TO MANAGE. AS FOR TRIGGERS, THE PROBLEM WITH ALL SUCH SCHEMES WAS THAT THEY TOO CREATED UNCERTAINTY.
17. ON ALLEN LEE'S SCHEME, I ASSUMED THIS REFERED TO WHAT HAD BEEN SAID TO THE FAC (LU CONFIRMED THIS). THE PROPOSALS WERE ALLEN LEE'S OWN: I HAD NOT HAD A CHANCE TO DISCUSS THEM WITH HIM AND DID NOT THEREFORE KNOW HIS PRECISE INTENTIONS. IN DEALING WITH THE RELATIONSHIP BETWEEN THE EXECUTIVE AND LEGISLATURE I BELIEVED IT WAS IMPORTANT TO ALLOW ROOM FOR THE SYSTEM TO EVOLVE OVER THE NEXT 58 YEARS. THE PROBLEM WAS A COMPLEX ONE. A KEY ISSUE WAS WAYS OF ENSURING THAT THE EXECUTIVE COULD CONTINUE TO SECURE SUPPORT IN THE LEGISLATURE. ONCE POLITICAL PARTIES WERE ABLE TO VOTE IN A CE AND A MAJORITY IN LEGCO, THE PROCESS WOULD BE FAIRLY STRAIGHTFORWARD. BUT THIS WAS SOME TIME AWAY. THE BRITISH ADMINISTRATION WOULD HAVE TO FACE THIS PROBLEM BY 1995. WE WOULD HAVE TO ENSURE THAT SOME OF THOSE ON EXCO WERE LEGCO PEOPLE WITH SUFFICIENT LEGCO SUPPORTERS TO SECURE BACKING FOR THE ADMINISTRATION'S PROPOSALS.
18. ONE AREA WHERE THE DRAFT SEEMED TO ALLOW FOR INADEQUATE FLEXIB- ILITY FOR FUTURE EVOLUTION WAS ARTICLE 73. THIS APPEARED TO MAKE IT IMPOSSIBLE FOR A LEGCO MEMBER WHO WAS ALSO ON EXCO TO PUT FORWARD POLICY/FINANCIAL PROPOSALS. IT WOULD BE USEFUL FOR THE CE TO HAVE PEOPLE WHO WERE MEMBERS OF BOTH COUNCILS ABLE TO PUT FORWARD LEGISLATIVE PROPOSALS WITH HIS APPROVAL. AS CURRENTLY FRAMED, ARTICLE 73 SEEMED TO SUGGEST THAT ONLY OFFICIALS COULD DO THIS. THIS POINT WAS WORTH FURTHER EXAMINATION BY THE DRAFTERS. IT MIGHT FOR INSTANCE BE USEFUL, IN SOME AREAS, FOR THE CHAIRMAN OF AN ADVISORY COMMITTEE WHO WAS ALSO A MEMBER OF BOTH EXCO AND LEGCO TO TAKE FORWARD IN LEGCO POLICY PROPOSALS IN THAT PARTICULAR FIELD WHICH HAD BEEN APPROVED BY EXCO. THIS WOULD BE ON THE BASIS THAT POLICY WAS DECIDED BY EXCO BUT THAT THE EXECUTIVE NEEDED SUPPORT FOR ITS POLICIES IN LEGCO.
ARTICLE 19: JURISDICTION OF THE SAR COURTS
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