TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 6

C

G.F. 316

(a)

(b)

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3

Constitutionally,

it would not be

possible

for us to discriminate against British nationals

in

elections held while Hong Kong is still under

British sovereignty.

It is not in any case clear to us who would be

a Chinese national within the

meaning of the

Chinese Nationality Law.

(c) Between

1995 and

the 1997,

nationality

of

individuals

could change.

Any

formula

worked out in 1995 could well be irrelevant

by 1997 in SO far as it applies to particular

individuals.

We

have,

however, said to the Chinese that we would be happy

to hear what ideas

they have on

implementing this

rule

in 1997.

6.

While

have we

not mentioned

attempt any

this to the Chinese,

by us to implement

it is also clear that

the 20%

involve

nationality rule before 1997 is very likely to

us

in

acting in

of contravention

the

International Covenant on Civil and Political Rights

as applied to

Letters Patent.

Hong Kong, and thus with Article VII(3) of the

problem

[NB: This would not be a

the Chinese after 1997 when the Basic Law will take effect.]

for

SECRET £**