TNAG-2010-FCO40-2862-Constitutional-development-in-Hong-Kong-General-Election-Com-1990 — Page 52

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

--FE-a!!BA LAWtཡ་ བཙཁབ་-ར་ན་

SECRET

FM HONG KONG

TO DESKBY 30140OZ FCO TELNO 367

OF 30115OZ JANUARY 90

SECRET

HKB

RECEIVED IN

01214

TRY

0 2 FEB 1990

DESK

INDEX

निय

INFO IMMEDIATE PEKING, UKREP JLG HÔNG KONG

MIPT: CONSTITUTIONAL DEVELOPMENT

17

065222

MDHIAN 4460

TOP COPY

+

1. OUR COMMENTS ON THE THREE POINTS RAISED IN YOUR TELNO 254 ARE AS

FOLLOWS.

VOTING METHODS

2. WE BELIEVE THERE IS A REASONABLE CHANCE OF SECURING THE REMOVAL OF DIFFERENTIAL VOTING IN VIEW OF ITS LIMITED PRACTICAL USEFULNESS TO THE CHINESE AND THE ALMOST UNANIMOUS OPPOSITION IT HAS AROUSED LOCALLY ON THE OTHER. IN CASE THE CHINESE INSIST ON RETAINING SOME ELEMENT OF DIFFERENTIAL VOTING AS A SOP TO THE ORIGINAL PROPONENTS OF THE BICAMERAL SCHEME, WE COULD LIVE WITH THE FOLLOWING FALLBACK POSITION, CLUMSY THOUGH IT IS.

A) GOVERNMENT BILLS/MOTIONS, PLUS AMENDMENTS WHETHER PROPOSED BY THE GOVERNMENT OR MEMBERS, TO BE PASSED BY A SIMPLE MAJORITY:

B) PRIVATE MEMBERS BILLS AND MOTIONS INTRODUCED BY MEMBERS WHICH ARE NOT INSTIGATED BY THE GOVERNMENT TO BE DEALT WITH NORMALLY BY A SIMPLE MAJORITY BUT WITH A PROCEDURE FOR DIFFERENTIAL VOTING IF REQUESTED BY ONE-THIRD OR MORE OF MEMBERS ATTENDING.

GEC/ELECTION COMMITTEE

3. A REVISED VERSION OF ANNEX II OF THE DRAFT BASIC LAW COULD, IN ADDITION TO SETTING OUT THE COMPOSITION OF THE LEGISLATURE OF THE HKSAR FOR ITS FIRST THREE TERMS, LAY DOWN THE BASIC PRINCIPLES FOR THE ESTABLISHMENT OF A GEC TO ELECT A PROPORTION OF THE LEGISLATURE IN THE FIRST TWO TERMS. BUT, GIVEN THE COMPLEXITY OF THE ISSUE: THE LACK OF EVIDENCE THAT THE CHINESE HAVE THOUGHT IT THROUGH: AND THE DANGER OF SETTING IN CONCRETE A BAD MODEL IF THE JOB IS RUSHED, WE THINK IT WOULD BE BETTER NOT/NOT TO ATTEMPT TO NEGOTIATE INTO THE BASIC LAW ITSELF ALL THE DETAILS OF A GEC. THE BROAD PRINCIPLES WOULD NEED TO COVER THE FOLLOWING POINTS:

A) THE GEC SHOULD NOT/NOT BE AN INSTITUTION OF GOVERNMENT: IT SHOULD BE CONVENED ONLY AS AND WHEN REQUIRED TO CARRY OUT ITS

PAGE

SECRET

1

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.