TNAG-2494-FCO40-3626-Future-of-Hong-Kong-constitutional-development-Chinese-reac-1992 — Page 191

CONFIDENTIAL

CONFIDENTIAL

FM FCO

TO TELELETTER HONG KONG

TELELETTER NFR

OF 241542Z NOV 92

INFO TELELETTER PEKING

INFO TELELETTER UKREP JLG HONG KONG

tike cu/4

اذان

43

102615 MOTTAN 1540

FROM R A J BUNTEN, HKD

TO STEPHEN BRADLEY, DEPUTY POLITICAL ADVISER

INFO NIGEL COX PEKING, ANTHONY GALSWORTHY UKREP JLG HONG KONG

YOUR TELNO 2684: THE ELECTION COMMITTEE AND THE BASIC LAW

1. WE NOTED THAT

CLAIMED THAT THE FIVE PRINCIPLES AGREED BETWEEN US DURING THE EXCHANGE OF MINISTERIAL CORRESPONDENCE ARE REFLECTED IN THE BASIC LAW. IN FACT THIS IS OF COURSE NOT THE CASE. OUR ANALYSIS

IS AS FOLLOWS:

i) PRINCIPLE A: A FRESH ELECTORAL ROLL FOR EACH ELECTION. ANNEXES I AND II OF THE BASIC LAW PROVIDE THAT THE ELECTION COMMITTEE TO ELECT MEMBERS OF LEGCO FOR THE SECOND LEGCO SHOULD BE THE SAME AS THAT TO ELECT THE CHIEF EXECUTIVE. ANNEX I SAYS

THAT THE TERM OF OFFICE OF THIS ELECTION COMMITTEE WILL BE FIVE YEARS. IT IS THEREFORE IMPOSSIBLE FOR A NEW ELECTORAL ROLL TO BE DRAWN UP FOR 4-YEARLY LEGCO ELECTIONS, AND IT IS INCONSISTENT WITH OUR PRINCIPLE THAT THE COMMITTEE "WILL CEASE TO FUNCTION ONCE ITS MAIN TASK OF RETURNING LEGCO MEMBERS IS ACCOMPLISHED".

ii) PRINCIPLE B: MEMBERSHIP OF EC NOT TO DUPLICATE OTHER

CONSTITUENCIES. NO REFERENCE TO THIS IN THE BL.

iii) PRINCIPLE C: EC TO BE AS REPRESENTATIVE AS POSSIBLE. NO

REFERENCE IN THE BL.

iv) PRINCIPAL D: NOMINATION PROCEDURE TO BE SIMPLE, OPEN AND PRESCRIBED BY AN ELECTORAL LAW. BL SAYS ONLY THAT IT SHOULD BE PRESCRIBED BY AN ELECTORAL LAW. (NOMINATION PROCEDURE FOR THE CE REQUIRES 100 NOMINATIONS AND EFFECTIVELY NEGATES THE SECRET BALLOT PROVISION).

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