TNAG-2010-FCO40-2862-Constitutional-development-in-Hong-Kong-General-Election-Com-1990 — Page 58

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MDL IN 4443

PROVISIONS ON VOTING AND IF THEY TRY TO INSIST UPON UNACCEPTABLE ARRANGEMENTS FOR THE GEC. WE MUST ALSO HOPE TO SEE IMPROVEMENTS IN THE NATIONALITY PROVISIONS. OUR DETAILED PROPOSALS IN THESE ARE BEING TELEGRAPHED SEPARATELY. BUT BROADLY I BELIEVE THAT WE COULD CROSS THE LINE FROM UNACCEPTABLE TO ACCEPTABLE, ALBEIT WITH RELUCTANCE, IF DIFFERENTIAL VOTING WERE TO BE RESTRICTED TO PRIVATE MEMBERS' BILLS AND ONLY OCCURRED IF ONE-THIRD OF THE LEGISLATURE WERE TO CALL FOR SUCH VOTING SEMI COLON IF THE COMPOSITION OF THE GEC WERE TO BE ON LINES SIMILAR TO THOSE FOR THE ELECTION COMMITTEE FOR THE CHIEF EXECUTIVE IN ANNEX I OF THE SECOND DRAFT OF THE BASIC LAW (WITH DETAILED AMENDMENTS WHICH ARE BEING SEPARATELY SUGGESTED) SEMI COLON AND IF THE 15 PER CENT NATIONALITY RESTRICTION WERE TO BE CHANGED TO A RESTRICTION OF ABOUT 25 PER CENT.

ON NUMBERS:

I)

IF THE CHINESE WERE TO OFFER A FIGURE IN THE BASIC LAW SHORT OF 24 BUT SIGNIFICANTLY OVER 20 (E.G. 23 OR EVEN 22), I BELIEVE THAT WE COULD STILL STAY AT 18 IN 1991 PROVIDING THE REST OF THE PACKAGE WAS ACCEPTABLE. BUT, EVEN IN THESE CIRCUMSTANCES, EXCO AND LEGCO WOULD REQUIRE VERY CAREFUL HANDLING.

II) IF THE CHINESE STICK AT 20 AND THE REST OF THE PACKAGE IS ACCEPTABLE, WE SHOULD GO BACK TO THEM WITH THE PLATEAU PROPOSAL I.E. 20 IN 1991, REMAINING AT 20 IN 1995/97 SEMI COLON

III) IF THE CHINESE ARE PREPARED TO GO TO 20 IN THE BASIC LAW (WHICH THEY MIGHT/MIGHT DO TO MEET PRESSURES HERE AND INDEPENDENTLY OF AGREEMENT WITH US) BUT THE REST OF THE PACKAGE IS NOT FULLY ACCEPTABLE, WE SHOULD GO FOR 20 IN 1991, MAKE NO FORWARD COMMITMENT ON 1995 AND OFFER TO CONTINUE DISCUSSIONS WITH A VIEW TO IRONING OUR OUR DIFFERENCES AND SEEKING LATER TO ACHIEVE CONTINUITY IN 1995/97 SEMI COLON

IV) IF THE CHINESE INSIST ON STAYING AT 18 AND WE ALSO HAVE PROBLEMS WITH THE OTHER ELEMENTS OF THE PACKAGE, OUR BEST LINE IS LIKELY TO BE THAT WE WILL WISH TO CARRY ON DISCUSSIONS IN THE HOPE OF EVENTUAL AGREEMENT ON CONTINUITY, BUT THAT WHAT IS PROPOSED DOES NOT AT PRESENT MEET OUR REQUIREMENTS AND THAT CONSEQUENTLY WE WILL MAKE OUR OWN DECISIONS INDEPENDENTLY ON 1991. WE WOULD THEN FACE THE VERY DIFFICULT DECISION ON WHETHER TO EXCEED THE NUMBERS IN THE BASIC LAW SEMI COLON TO REMAIN WITHIN THOSE NUMBERS IN A LEGISLATURE OF THE SIZE LAID DOWN IN THE BASIC LAW SEMI COLON OR TO REMAIN WITHIN THE NUMBERS OF DIRECTLY ELECTED SEATS LAID DOWN IN

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