TNAG-2010-FCO40-2862-Constitutional-development-in-Hong-Kong-General-Election-Com-1990 — Page 28

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CHINESE NATIONALITY REQUIREMENT FOR LEGISLATIVE COUNCIL MEMBERSHIP

OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Redacted under FOI exemption sections 27 (1)(a), (c), (d)

2. The British side understand from subsequent press reports that

the BLDC Special Group on the Political System has proposed that the

Basic Law should include a stipulation that members of the

legislature of the HKSAR shall be Chinese citizens who are permanent

residents of the SAR and who have no right of abode in foreign

countries; permanent residents of the SAR who are not Chinese

nationals or who have a right of abode in foreign countries may also

be elected as members, but they shall not exceed 15% of total

membership.

3.

Serious doubts have been raised in Hong Kong about the

practicability of these proposals. The British side hope the

following comments will be helpful to the Chinese side in coming to

a final view on these proposals in the concluding stages of the

drafting exercise.

The

4. The British side recognise that although nationality

restrictions do exist in some legislatures, no such restrictions

have been placed on membership of the Hong Kong Legislature

Council, the Municipal Councils and the District Boards. imposition of such restrictions on membership of the legislature

after 1997 will therefore run counter to the hitherto

well-established practice.

The proposed requirement would also restrict the range of talents from which memberhhip of the legislature can be drawn.

5.

6. Furthermore the introduction of a restriction on the lines

proposed could create a serious problem for the full continuity o f membership of the legislature between 1995 and 1997.

TOMATT

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