TNAG-2449-FCO40-3565-Legislative-Council-of-Hong-Kong-1992 — Page 204

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CONFIDENTIAL

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HONG KONG: THE LEGISLATIVE COUNCIL AND GREATER DEMOCRACY

1. The Sino-British Joint Declaration of 1984 provides that after 1997 the Legislative Council (LegCo) will be "constituted by elections". The Basic Law (stipulating China's basic policies towards the future Hong Kong Special Administrative Region) provides that, if the last LegCo before then conforms to the requirements of the Basic Law, its members can become members of the first LegCo of the Special Administrative Region in 1997. This is the "through-train" approach. The next LegCo elections are due to be held in September 1995 (although they could be held earlier). If arrangements are to be in place in time for these elections, initial political decisions will be needed

by the late summer.

2. The functions of the Legislative Council (LegCo) are primarily to enact legislation, including for the appropriation of public funds (the Governor has no reserve powers over finance); to debate motions; and to scrutinise Government policies through oral and written questions. Following the 1991 elections, LegCo has a membership of 60, made up as follows:

3.

18 directly-elected members;

21 elected from "functional" constituencies;

18 appointed by the Governor;

3 ex-officio members

The issue of directly-elected seats is covered in paras 8-11 below. A list of the present 21 functional constituencies, showing the electorate in each case, is

attached. Electors in functional constituencies also have a

vote in the direct elections. Appointed members are appointed by the Governor with the approval of the Secretary of State. The main criterion has been that appointed

BODAGD/1

CONFIDENTIAL