TNAG-2010-FCO40-2862-Constitutional-development-in-Hong-Kong-General-Election-Com-1990 — Page 89

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MDHIAN 3713

FORMATION OF THE FIRST GOVERNMENT AND THE FIRST LEGISLATIVE COUNCIL (ATTACHED TO THE SECOND DRAFT) FOR THE CONTINUED MEMBERSHIP IN THE 1997 LEGISLATURE OF THOSE MEMBERS RETURNED BY A GEC IN 1995.

5. WE AGREE THAT WE SHOULD DRAW CHINESE ATTENTION TO THE NEED TO SET OUT CLEARLY IN ANNEX II THE COMPOSITION AND CONSTITUTION OF THE ELECTION COMMITTEE TO RETURN LEGCO MEMBERS IN 1999 AND BEYOND. WE SHOULD ALSO SAY TO THE CHINESE THAT WE SHOULD BE CONSULTED ON THE DRAFT TEXT IF WE WERE EXPECTED TO CONVERGE WITH IT. WE AGREE THAT BOTH THE COMPOSITION AND CONSTITUTION OF THIS ELECTION COMMITTEE SHOULD BE DIFFERENT FROM THOSE OF THE ELECTION COMMITTEE FOR THE CE LAID DOWN IN THE SECOND DRAFT OF THE BL. FOR EXAMPLE, HONG KONG MEMBERS OF THE NPC AND THE CPPCC, WHO HAVE A ROLE IN THE SELECTION OF A CE ACCOUNTABLE TO THE CPG BUT NOT IN THE ELECTION OF THE SAR LEGISLATURE, SHOULD BE EXCLUDED FOR THE LATTER PURPOSE. WE SHOULD ALSO REITERATE THE IMPORTANCE OF THE NEED TO MAKE THE ELECTION COMMITTEE FOR THE LEGISLATURE FULLY REPRESENTATIVE AND ITS PROCEDURES OPEN ONES.

NATIONALITY/RIGHT OF ABODE RESTRICTIONS

6. WE BELIEVE WE SHOULD MAKE AN EFFORT TO PERSUADE THE CHINESE TO DROP THESE RESTRICTIONS WHICH ARE UNNECESSARILY RESTRICTIVE, WOULD CREATE PRACTICAL DIFFICULTIES AND WOULD BE SEEN BY HONG KONG PEOPLE AS A FURTHER SIGN OF THE CPG'S LACK OF TRUST IN PEOPLE HERE. AS A FALLBACK, WE SHOULD PRESS FOR THE NUMBER OF MEMBERS WHO ARE NON- CHINESE OR HAVE A RIGHT OF ABODE IN FOREIGN COUNTRIES TO BE INCREASED FROM THE PROPOSED 15 PERCENT TO SAY 25 PERCENT SO THAT MEMBERSHIP CAN BE DRAWN FROM A MUCH WIDER RANGE OF TALENTS AND CAN ADEQUATELY REFLECT HONG KONG'S STATUS AS AN INTERNATIONAL TRADE AND FINANCIAL CENTRE.

7. IF THE CHINESE INSIST ON THESE RESTRICTIONS, WE WOULD HAVE TO CONSIDER THE PROBLEM OF CONVERGENCE. THE CHINESE HAVE OBVIOUSLY NOT THOUGHT THROUGH THE PRACTICAL DIFFICULTIES SUCH RESTRICTIONS WOULD PRESENT, BUT WE ASSUME THEY COULD EVENTUALLY FIND SOLUTIONS. ONE POSSIBILITY MIGHT BE TO USE, IN THE VOTE COUNTING PROCEDURES, THE PRINCIPLE OF FIRST PAST THE POST BASED ON THE PERCENTAGE (RATHER THAN THE NUMBER) OF VOTES ACQUIRED BY EACH CANDIDATE (TO WHOM THE RESTRICTIONS APPLY) IN HIS RELEVANT CONSTITUENCY. THIS WOULD ALLOW THE ORDER OF THOSE ELECTED UNDER THE NATIONALITY RESTRICTIONS TO BE DETERMINED, AND THUS FOR SOME TO BE EXCLUDED IF NEED BE. THIS IS OF COURSE A HIGHLY UNDESIRABLE ARRANGEMENT: AND IN ANY CASE, THIS CAN BE LEFT TO BE DEALT WITH AT A LATER STAGE SINCE THE DRAFT BL

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