TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 48

SECRET **

7.

From a purely legal

identified in paragraphs

suitable

provisions

point of view, the problems

5 and 6 suggest a case for

in our domestic legislation to provide

for:

(i)

some statutory

criteria, to come into effect as

from 1 July 1997, for allocating the 20% quota;

and

(ii)

the validity of acts done (after 30 June 1997) by

LegCo Members who are the subject of proceedings

under section 45 of Cap. 367 or section 44 of Cap.

381.

The

question is whether we should, in consultation with the

Chinese, prepare the necessary legislation for "mid-night

enactment", or whether we should, as we have said all

along, leave the entire matter to the Chinese to deal with

come 1 July 1997. A key constraint of the first approach

that any legislation before 1997 which seeks to

nationality restriction is most likely to be held

is

introduce

to be incompatible with Article 25(b) of the ICCPR which

provides

that every citizen (permanent resident] shall have

the right and

distinction

national

the opportunity, without any of the

mentioned in Article 2 (i.e. race, colour,

social origin etc) to "vote and to be elected

at genuine periodic elections......".

SECRET 高度機密