TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 229

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the members of professional,

commercial

or other

of the 60 are elected by

special interest groups. At present, 18 members of the Legislative Council

adult suffrage in geographical constitutencies, but a further

21

are

elected

by

functional members constituencies, in which only about 3 per cent of the The Report proposes population are entitled to vote.

members

that the Legislative Council due to be elected in 1995 elected from should consist solely of

democratic franchise, geographic constituencies on a

the SAR to be elected as should the Legislature of after 1997.

The Report criticises the Joint Declaration and the

(3)

The Executive (Chapter VIII)

Basic Law for

Executive of

failing

the

democratically

elected

to require

Kong Hong

by

and

that the Chief SAR should be democratically The Report accountable to the people of Hong Kong.

will expresses concern that the proposed structure

structure, with a Chief the existing reproduce Executive appointed by Beijing replacing a appointed by London. The Report also concludes that

the

provisions

of

accountability

of

inadequate.

the

Law

Governor

Basic

relating to the Executive are confusing

the and

(4) The Judiciary (Chapters IX and X)

over the position The Report expresses great concern of the judiciary. In particular, the Report objects to the provisions of the Basic Law which reserve to the National People's Congress of the PRC (rather than to the courts of Hong Kong) the power to interpret the Basic Law and to decide whether existing laws of Hong Kong contravene it.

concludes

the that

the

maintenance is of the

of preservation

of an highest business

The Report independent judiciary after 1997 importance both for confidence and for the protection of human rights. There is an urgent need to increase the recruitment of local lawyers to the bench and reduce the dependence on expatriate judges. The Report concludes that the agreement recently arrived at between the UK and the

Liaison

on the their Joint PRC (through composition of the Court of Final Appeal is not in accordance with the Joint Declaration and the Basic

Law.

Group)