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The "Through Train"
45.
The British side proposed in round one of the talks that the only necessary qualification for legislators elected in 1995 to continue in office until 1999 should be a pledge of allegiance to the Hong Kong Special Administrative Region of the PRC and a pledge to uphold the Basic Law. This would be exactly the same requirement as that set out in Article 104 of the Basic Law for SAR officials, Executive and Legislative Councillors and members of the judiciary on taking office.
AZ List
46.
The Chinese side took the position that they would only be willing to discuss criteria for the through train when they
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were satisfied that the composition of the 1995 Legislative Council would conform to their interpretation of the Basic Law. They also pointed out that according to the Decision of the National People's Congress on the Method for the formation of the First Government and the first Legislative Council of the Hong Kong Special Administrative Region (quoted as a footnote to paragraph 7 above) it would be for the Preparatory Committee to confirm members of the Legislative Council as members of the first SAR Legislature. In Round 14, the Chinese side said that they wished to take a major step forward, and produced the following formula: "The British side hope that the Chinese side will make a recommended suggestion on the interpretation and explanation by the relevant institution of the requirements for confirming LegCo members. The Chinese side have taken note of the British side's wish".
47. The British side's view is that there would be no point in agreeing detailed arrangements for the 1995 Legislative Council elections with the Chinese side, unless there could also be agreement announced will in advance on clear and objective criteria for the through train, and an assurance from the Chinese authorities that the NPC Standing Committee would
statememt26.8/BRIEFS/NJH
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