TNAG-2716-FCO40-3922-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 179

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satisfy ourselves that the BL does fully reflect the relevant provisions of the JD. But where the JD is silent on details, Chinese free to add fill in the gaps by drafting additional elements in the BL. We were not required to, and did not, give our agreement to each and every detail of the BL.

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UK obligation is to maintain and preserve prosperity and social stability; and to cooperate to facilitate a smooth transition in 1997. This means we should not act in such a way as to frustrate the implementation of the BL after 1997 or cause disruption; not that each and every provision of the BL must be implemented in advance. In fact there are some provisions whose early implementation would be impossible or impracticable.

- All Governor's proposals are consistent with the provisions of the BL. None would prejudice the ability of the HKSARG authorities under the BL to make any adjustments required in the future

SPECIFIC BREACHES OF JD/BL

SEPARATION OF EXCO AND LEGCO (IMPLEMENTED IN 1992) BREACHES BL PROVISIONS THAT EXECUTIVE LED SYSTEM SHALL BE PRESERVED AND MEMBERS OF EXCO MAY COME FROM LEGCO (BL55)

- BL not yet in force

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Every Governor appoints his own EXCO. BL 55 provides for the Chief Executive to do the same, and he may, but need not, appoint members of Legco to the Exco. Present composition not inconsistent with BL, and in no way prejudices the Chief Executive's freedom of choice after 1997

In 1992 Chinese made clear they did not wish to see certain people on Exco. Clearly impossible for Governor to appoint representatives of some political parties while excliuding members of the party which gained the overwhelming majority of seats in the 1991 elections. Governor's decision to appoint no members of Legco this time was a good solution

- Current composition of Exco does not affect powers of Legco. System of government remains Executive-led.

PROPOSALS ON FUNCTIONAL CONSTITUENCIES (TO EXPAND FRANCHISE FROM CORPORATE VOTING TO VOTING BY DIRECTORS AND ELIGIBLE WORKERS) CHANGES SYSTEM TO DISGUISED DIRECT ELECTION BY INDIVIDUAL VOTERS. BL PROVIDES FOR ELECTION BY CORPORATE BODIES TO CONTINUE UNTIL AT LEAST THE THIRD LEGCO.

BL does not define functional constituencies, nor specify how the votes of any corporate bodies within them should be cast.

Proposals maintain essential elements of FCs, ie that they shall be substantial and of relevance to the community.

PROPOSALS TO EXPAND POWERS, FUNCTION AND BUDGET OF DISTRICT BOARDS INCONSISTENT WITH BL97, WHICH PROVIDES FOR DISTRICT ORGANISATIONS WHICH ARE NOT ORGANS OF POWER.

Proposals do not change nature and powers of district Boards.