TNAG-2159-FCO40-3079-Hong-Kong-nationality-package-Chinese-views-1990 — Page 37

CONFIDENTIAL

suitable candidates, particularly in the case of ExCo, LegCo and the two judges. In the last case, there is serious concern that in the

early years of the SAR there will be any suitable candidates with

the necessary judicial qualifications who are Chinese nationals.

However, we have generally accepted that the Chinese would wish to

limit certain posts to Chinese nationals and we cannot claim that

this is in contravention of the Joint Declaration. The Joint

Declaration places the following restrictions on holding office in

the SAR:

(a) JD 74 states that British and other foreign nationals may be

public servants except for heads of major government departments

and deputy heads of some (unspecified).

(b) JD 46 states that Government and Legislature should be

composed of local inhabitants.

(c) JD 64 provides that judges may be recruited from other

Common Law jurisdictions.

It does not follow that further restrictions, compatible with these,

violate the Joint Declaration.

CONFIDENTIAL