CONFIDENTIAL
would have to extend Consular protection. The Chinese position is
to some extent illogical.
4. We are very unlikely to reach agreement with the Chinese either on a legal or practical basis. The most we can hope for is to agree to differ with minimal damage to confidence in Hong Kong. We cannot
in practice secure Consular protection for these people in the SAR
(cf the position of Hong Kong residents presently who travel in
China). The Chinese can also prevent them reaching high office in
the SAR (indeed the Joint Declaration and current draft Basic Law
provide for this). The key points to get across will be that the people concerned can continue to work in the SAR, will have freedom
of movement under the JD and Basic Law and can, if they need to
leave Hong Kong and settle in the UK. The essence of our assurances
scheme therefore remains intact.
5. The current position on restrictions on holding office in the
SAR are as follows:
(a) Annex 1 Section IV of the Joint Declaration states that
British and other foreign antionals may be public servants except
for certain high level specified posts.
(b) Annex 1 Section I of the Joint Declaration states that
Government and Legislature should be composed of local
inhabitants.
(c) Basic Law Articles 44, 55, 61, 70 and 89 provide that the
Chief Executive, members of ExCo, principal officials of the SAR,
the President of the Legislature and the two top judges shall be
Chinese citizens.
WINABH
CONFIDENTIAL
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