TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 39

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There is perhaps marginally more chance of getting some movement on the question of numbers of directly elected seats to the Legislative Council as these were not specified in the main text of the law but in the annexes to it. The main text preserves the principle (Article 68) that the Legislative Council shall be constituted by elections and that the ultimate aim is the election of all the members by universal suffrage. The Chinese have themselves provided a mechanism for amending the annex dealing with the formation of the Legislative Council (after the year 2007) which is less cumbersome (and can be effected in Hong Kong itself) than a full scale amendment to the text of the Basic Law. The nationality qualifications for the membership the Legislative Council were introduced into the Basic Law as a direct reaction, according to a Chinese legal authority, to our decision to provide full British passports for 50,000 heads of household. Unless we are prepared to offer some compromise on this, there is no reason why the Chinese should wish to change their minds. Furthermore the nationality qualification is now enshrined in the actual text of the Basic Law.

RF Wye

Far Eastern Section

Research and Analysis Dpartment OAB 2/124 210 6219/6216

23 October 1991

CC SE Bradley Esq, DPA Hong Kong

Miss J Rogan Peking

If we

Some good points here. !!

we expect the Reking regime to remain as strong and paranoiac as it is at present, there is

a strong argument against setting

precedent of BL amendment: we should see it as a pretty good deal and do what we can to make it sacrosanct. On the question of democracy, for example: the JD says only that the Chief Executive shace be selected by

be appointed by the CPG: election or through consultations held locally Peking ed amend the BL to remove any electoral element & make

a commettative process

сра

ik just the JD says only that ful legislature shall be constituted by elections: Peking cd amend the BL to remove all dement of direct electibus.

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Moro

6/k".