TNAG-2159-FCO40-3079-Hong-Kong-nationality-package-Chinese-views-1990 — Page 36

CONFIDENTIAL

Background

1. The final version of the Basic Law provides in Article 61 that "principal officials of the SAR" shall be Chinese citizens who do not hold right of abode in any foreign country. Article 101 elaborates on which official posts in the public service are covered by the restrictions:

Secretaries and Deputy Secretaries of Departments

Directors of Bureaux

Commissioner Against Corruption

Direct of Audit

Commissioner of Police

Director of Immigration

Commissioner of Customs and Excise

Article 90 adds to this list:

2.

Chief Justice of the Court of Final Appeal

Chief Judge of the High Court

Articles 44, 55, 71 and 67 place the same restrictions respectively on the Chief Executive, members of the Executive

Council, President of the Legislative Council and 80% of the

membership of the Legislative Council. These would amount to about 60 individuals, but cannot be counted as "posts" as such.

3. The elements of the above which were not in the February 1989

draft of the Basic Law, and which the Chinese can be considered to have added in direct reaction to our nationality package are: the additional requirement of not holding a right of abode in any

foreign country; the extension of the restrictions to 80% of the

Legislative Council; and the addition of the posts Director of

Immigration and Commissioner of Customs and Excise.

4.

We have pointed out to the Chinese that nationality

restrictions on key posts may severely limit the numbers of

WINAAY

CONFIDENTIAL