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053647

MDHOAN 1841

CONSTITUENCIES AND BY A SIMPLE MAJORITY OF MEMBERS RETURNED BY DIRECT ELECTION AND THE ELECTION COMMITTEE ATTENDING THE MEETING. IF A BILL PROPOSED BY THE GOVERNMENT FAIL TO BE PASSED BY A SIMPLE MAJORITY OF EITHER OF THE ABOVE TWO CATEGORIES OF MEMBERS ATTENDING THE MEETING, THE GOVERNMENT SHALL AMEND THE BILL AND RE-SUBMIT IT TO THE LEGISLATIVE COUNCIL FOR VOTING: SUCH BILLS

HALL BE PASSED WITH A SIMPLE MAJORITY OF ALL THE MEMBERS ATTENDING THE MEETING.'

7. LI HOU COMMENTED THAT THE SEPARATE VOTING ARRANGEMENTS WERE AIMED AT ENSURING STABILITY. WE BELIEVE THIS IDEA HAS ITS ROUTES IN A PROPOSAL FOR A BICAMERAL LEGISLATURE PUT FORWARD BY A PRO-CHINA HONG KONG GROUPING IN LATE 1989. THAT MODEL PROVIDED FOR TWO SEPARATE CHAMBERS: ONE OF FUNCTIONAL SEATS, AND ONE OF ELECTED SEATS (BOTH DIRECTLY AND BY ELECTORAL COLLEGE). BILLS WOULD REQUIRE A MAJORITY IN EACH CHAMBER (THEREFORE ONLY 26 PER CENT OF OVERALL VOTES WILL BE NEEDED TO DEFEAT A MOTION). THE CHINESE SEEM TO BELIEVE THAT THIS ARRANGEMENT WILL ENABLE THE EXECUTIVE TO IMPOSE ITS WILL ON THE LEGISLATURE AND FOR CHINA TO MANIPULATE THE LEGISLATURE THROUGH PRO-CHINA ELEMENTS IN IT.

ASSESSMENT

■

ON THE INFORMATION AVAILABLE, THE DIFFERENTIAL VOTING PROCEDURES WOULD SEEM TO HAVE LITTLE PRACTICAL EFFECT IN THE CASE OF GOVERNMENT BILLS (SINCE THE GOVERNMENT CAN SIMPLY APPLY MINIMAL AMENDMENTS AND RE-SUBMIT SUBJECT ONLY TO SIMPLE MAJORITY). IN THE CASE OF PRIVATE MEMBER BILLS, THE EFFECT COULD CUT BOTH WAYS, DIRECTLY ELECTED MEMBERS WILL BE BETTER PLACED TO BLOCK PROPOSALS BY FUNCTIONAL CONSTITUENCY MEMBERS AS WELL AS VICE VERSA. THIS IS NOT STRICTLY A CONVERGENCE PROBLEM, SINCE THE SAME LEGISLATURE CAN VOTE IN TWO DIFFERENT WAYS BEFORE AND AFTER 1997. BUT THERE COULD BE A CONFIDENCE PROBLEM IF HONG KONG OPINION WAS SERIOUSLY UNHAPPY WITH WHAT WAS PROPOSED. THE ISSUE HAS, HOWEVER, BECOME A MAJOR PROBLEM BECAUSE IT IS SEEN AS CHINA'S UNILATERAL IMPOSITION OF ITS WISHES ON HONG KONG AGAINST STRONG LOCAL OBJECTION, FOR THE SAKE OF GIVING FACE TO THE PRO-CHINA SUPPORTERS OF BICAMERALISM. HONG KONG THEREFORE CONSIDERS THAT WE SHOULD CONTINUE EFFORTS TO PERSUADE THE CHINESE TO DROP THESE PROVISIONS OR ADOPT A MORE MODERATE VERSION, EG MARIA TAM'S PROPOSAL FOR A TRIGGER MECHANISM FOR SEPARATE VOTE COUNTING AT THE REQUEST OF SIX MEMBERS ONLY IN THE CASE OF PRIVATE BILLS (OR AMENDMENTS TO GOVERNMENT BILLS INTRODUCED BY PRIVATE MEMBERS).

HURD

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