TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 91

officials of the Hong Kong Special Administrative Region", that they shall be "Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country

Article 67 of the Basic Law restricts the composition of the Legislative Council of the HKSAR to "Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country", while adding that

"permanent residents of the Region who are not of Chinese

nationality or who have the right of abode in foreign countries may also be elected members of the Legislative Council of the Region, provided that the proportion of such members does not exceed 20 per cent of the total membership of the Council."

In other words, an unrestricted term has been interpreted to imply very specific restrictions.

In relation to the legislature, the Private Secretary to the former British Prime Minister has written that:-

"The Joint Declaration ... provides that the Legislature shall be composed of local inhabitants. But as long as that condition is fulfilled, it does not exclude the addition of other qualifications for members of the legislature. The proposed restriction would therefore not in our view be contrary to the

Joint Declaration.'

This British response is worth considering very carefully indeed. While it is true that the Joint Declaration does not explicitly "exclude the addition of other qualifications for members of the legislature", the provisions of the Basic. Law show that the PRC has interpreted the Joint Declaration as being compatible with a restriction on the right of Hong Kong people on whom they may elect from among those who seek to stand for election. This implies controls either at the stage of nomination or election; it implies also the possibility of nullifying the electorate's choice. I would hope that HMG would be concerned about that possibility. The wording of the Joint Declaration is in no sense exclusionary, yet these restrictions on Chinese citizens who have right of abode elsewhere, indicate a restrictive approach to representation which could impede the people of Hong Kong from electing as representatives those who wish to stand. Can this be fully consistent with the spirit of the Joint Declaration? Here the PRC seems to want it both ways: to ignore foreign passports for consular purposes, yet to exclude their holders (in certain circumstances) from the benefits of HKSAR residence (e.g. standing for

election)2 Is this fair? I would like to ask these questions in

Beijing.

If this is an issue which is of concern only to a relatively small number of people in Hong Kong, it nonetheless implies an attitude to political participation which is less than generous or full.