TNAG-2716-FCO40-3922-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 132

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(Mr Hum) Yes, it was.

59.

(Mr Hum)

October.

And how many months after his appointment did that take place?

He took up his appointment in July and he visited Peking in

Chairman: We have pushed on a little beyond the rather central

question of how the actual proposals of the Governor are in our view and in

your view and in the view of the British Government consistent with all

these things we have been discussing.

60.

Mr Canavan

Governor Patten claims that his proposals for the 1995

elections are not contrary to the Basic Law or the Joint Declaration,

whereas the Chinese Government claims that at least two of his proposals do

contravene the Basic Law, namely the proposal on new functional

constituencies and the proposal on the composition of the Election

Committee.

Could you tell us please why you think that the Governor rather

than the Chinese Government is correct?

(Mr Chamberlain) Yes. So far as the proposals on functional

constituencies are concerned the first point that needs to be borne in mind

is that the composition of the first legislature after 1997 provides for 30

functional constituencies.

At present there are 21 functional

constituencies. Therefore there was already a need to create nine new

functional constituencies. As to the composition of those functional

constituencies the Basic Law is silent on this. Therefore it is difficult

to see how those proposals can be regarded in any way as inconsistent with

the Basic Law or indeed the Joint Declaration which is even less specific

on this question. That merely provides in Annex I that the legislature of

the Hong Kong SAR will be constituted by elections. Therefore there was a

need for the Governor to create nine additional functional constituencies

13

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