TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 89

4.28.

The ultimate aim is the selection by the Chief Executive by universal suffrage upon nomination by a broadly

representative nominating committee in accordance with democratic procedures.

The selection for the first Chief Executive shall be by a procedure involving a "selection committee which shall recommend the candidate ... through consultations or through nomination and election after consultations, and report the recommended candidate to the CPG for appointment.

Amendments by Legco to these procedures for the year 2007 and onwards

gs need to be approved by the Standing Committee of the

NPC.

Thus, given that the nominations are of one person only, the question arises whether the "ultimate aim of universal suffrage" encompasses the possibility of one candidate elections. It would seem that it does. Is this really what was intended in the Joint Declaration?

(d)

Impeachment of the Chief Executive

The current Legco cannot impeach the British appointed Governor. article 73(g) of the Basic Law provides a power which does not currently exist. It provides that:-

"If a motion initiated jointly by one-fourth of all the

members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision."

So

Thus, the CPG has the power of decision on a matter which appears to be something which the principle "Hong Kong people administering Hong Kong" (gangren zhigang) might fairly have made susceptible to a Hong Kong decision. And yet it did not. Beijing's interpretation of the principle of gangren zhigang is, though, very specific. It is that

"Under the leadership of the central government, the Hong Kong

people themselves will manage specific legislative, administrative, judicial and other matters. The central