TNAG-2008-FCO40-2856-Basic-Law-constitutional-development-in-Hong-Kong-relations-1990 — Page 22

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MDHOAN 159

ELECTION COMMITTEE

4. THIS DOES NOT POSE A PROBLEM OF CONVERGENCE IN PRINCIPLE. BUT WE MUST ENSURE THAT TERMS FOR THE COMPOSITION AND/AND CONSTITUTION OF THE ELECTION COMMITTEE ARE SET OUT CLEARLY IN ANNEX II OF THE BASIC LAW (TO MEET THE REQUIREMENT IN PARAGRAPH 3(2) OF THE EXISTING DRAFT ANNEX II) AND ARE SATISFACTORY TO US. DO WE HAVE ANY CLEARER IDEA OF WHAT THE SUB-GROUP HAD IN MIND? YOU INFER THAT THE ELECTION COMMITTEE WILL BE DIFFERENT FROM THAT ELECTING THE CHIEF EXECUTIVE: IT IS IMPORTANT THAT IT SHOULD BE DIFFERENT IN CONSTITUTION AS WELL AS COMPOSITION.

NATIONALITY RESTRICTION

5. THIS WOULD CLEARLY BE A CONVERGENCE PROBLEM. WE CAN SEE NO ACCEPTABLE WAY OF OPERATING SUCH A PROVISION. APART FROM CREATING A SPECIAL QUOTE FOREIGNERS' UNQUOTE CONSTITUENCY (WHICH IS HIGHLY UNDESIRABLE), THE SYSTEM WOULD EITHER NEED TO ELIMINATE MEMBERS AFTER THEY HAD BEEN ELECTED IN ORDER TO BRING THE NUMBER WITHIN THE CEILING OR MAKE THE NATIONALITY REQUIREMENT ONE FOR CANDIDATURE RATHER THAN MEMBERSHIP (IN WHICH CASE WE COULD END UP WITH CONSIDERABLY LESS THAN 15 PER CENT FOREIGN NATIONALS IN THE

LEGISLATURE ITSELF).

OTHER ISSUES

6. WE CANNOT SEE WHY THE HONG KONG DRAFTERS SHOULD FAVOUR A LARGER PROPORTION OF SEATS FALLING TO THE ELECTION COMMITTEE THAN TO THE FUNCTIONAL CONSTITUENCIES UNLESS THEY HAVE MORE (REASSURING) INFORMATION ABOUT THE NATURE OF THE ELECTION COMMITTEE. GRATEFUL FOR YOUR VIEWS.

7.

WE ARE GRATIFIED TO SEE THE SUB-GROUP HAS MADE THE DESIRED CHANGE TO ARTICLE 88 (ESPECIALLY IN VIEW OF SHAO'S COMMENTS TO FIFOOT PARAGRAPH 6 OF YOUR TELNO 281).

HURD

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