TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 28

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SECRET高度機密

4.

have

previous exchanges and the Talks,

So far in

given

no indication that

we

would

involvement in the implementation of BL67.

بیم

consider any

5.

It is for consideration whether in light Of

developments in the Talks, we should consider adjusting our position. The following considerations may be relevant:

The Chinese

determined to implement the

provision in 1997 (if not earlier). It is relevant that according to our legal advice, even if the chinese wanted to turn a blind eye to BL67, they might not be able to do so since after 1997 an individual can mount a court challenge (undr the existing legislation)

after 1997 to seek to disqualify any (or all) elected' LegCo Wembers who are believed to have

exceeded the 20 limit.

Given

matter

our choice is either to leave the entirely to the Chinese, or seek a role

with a view to influencing the way the provision is implemented in 1997.

If we

refuse any roje in the matter, it would be

difficult for

to seek to intervene later

when the Chinese formulate a system which is

neither fair

open, for implementing the provision. It is relevant that such a system will not only have application in confirming

the first SAR legislature in 1997, but may

also set a pattern for the arrangements that will be needed | after 1997 to ensure that the legislature stays compatible with BL67.

It

may also be unattractive in negotiating and

public relations terms to have

taken the

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