TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 142

Article

Problem

CUMBRANE

26

Suggested Solution

Remarks

Art. 89

The

para. 1 of this Article. restriction that ExCo members must be Chinese nationals would preclude the tapping of talents

from the widest possible spectrum of the community, and could cause divisiveness among LegCo members.

SAR

There is no requirement in the JD that the Chief Justice of the CFA and the Chief Judge of the High Court should be Chinese nationals. Indeed JD 64 provides that judges in the may be recruited from other common law jurisdictions. Concern is also expressed in judicial circles that there will be practical difficulties, in the early years of the SAR, in finding candidates with the necessary judicial qualities who are Chinese nationals.

Reference to the Chinese nationality in para. 1 of this Article should be deleted.

JLG

Actions taken:

This is a new point.

Channels :

Zheng Weirong JLG

Actions taken:

i

The Governor raised this with Lu Ping in April 89.

CONFIDENTIAL

000

GOVT HOUSE HK

'89 10-26 11:53