TNAG-2493-FCO40-3625-Future-of-Hong-Kong-constitutional-development-Chinese-reac-1992 — Page 174

2 -

CHINESE SIDE ON POLITICAL REFORMS

Reports noted in good coverage that a Vice-Director of NCNA HK branch, Qin Kenjun, had said that the British side's unilateral announcement of major constitutional reforms, which were related to a smooth transition, without discussion with the Chinese side was a violation of Article 5 of the Joint Declaration. Mr Qin accused the British side of trying to create public opinion, mislead the public and stir up controversy. He said the Chinese side would not support or accept this.

Mr Qin also said that the major changes proposed in the policy address in respect of elections had contravened the JD's provision for gradual development of the political system. While the number of directly elected seats in the 1995 legislature should be 20 seats, the proposals for the Election Committee and functional constituency elections in the policy address would be direct elections in disguise, increasing the number of directly elected seats to 39 seats. This was a violation of the Basic Law. In addition, Mr Qin said that the policy address had expanded the functions of DBs, making DB members eligible for Legco through direct elections. This violated Article 97 of the Basic Law.

Mr Qin said that the new functional constituencies proposed in the policy address had violated the spirit and intention of the Basic Law Annex. He said Mr Patten was putting forth professions rather than functional constituencies. For example, fisheries and mining were unrelated professions and should not be represented under one functional constituency. As for the separation of Exco and Legco, Mr Qin said that the Governor had proposed a Government-Legco Committee but its functions and developments had not been made clear.

A number of reports noted that HK affairs adviser 1.5. Lo was quoted by the CNA as saying that the policy address had removed protection for the interests groups, which represented a small number of people but were very important to HK. Mr Lo was worried that this would deter investment desire of foreign investors in HK. It was noted that the CNA had reported that various people in HK in recent days had criticised Mr Patten's policy speech, saying that they were now worried over the future of HK and their personal interests. In a related development, some reports noted a CNS dispatch which said that the latest issue of Outlook keekly to be issued this week would carry a signed article criticising the policy address for lacking an intention for friendly discussion and violating the JD.

GOVERNOR'S PEKING TRIP

Wah Kiu Yat Po said today that it was learned that Peking would not arrange special activities for Mr Patten who "refuses advice". Yesterday's Oriental Daily quoted sources in Peking as saying that Mr Lu Ping would not be receiving Mr Patten on arrival at the airport because Mr Lu would be tied up by a discussion session of the 14th Party Congress. The report said that Mr Patten's talks would focus on constitutional reforms. The paper in a separate story yesterday quoted Mike Hanson as saying that the HK Government proceeded in accordance with the letters in the provisions of the Basic Law. He referred to criticisms on the policy address by saying that what was said to be "the spirit of the Basic Law" was abstract. He said that the policy address was the result of wide consultations and that the support had been demonstrated in the public opinion polls. NCNA HK director Zhou Nan was quoted yesterday as saying that whether Mr Patten's trip would be fruitful would depend on what Mr Patten did at the talks with officials in Peking.

ERIC LI

Legislator Eric Li was quoted in a number of today's reports as saying that under a strong Governor who acquired all the policy-making powers, political groups would not have much to do. Legco after the separation with Exco should re-establish its monitoring role.