TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 68

rule.PR.JRB

CODE 18-77

Reference

HKB 011/7/1

4

SECRET

REC

Mr Ricketts

THE 20% NATIONALITY RULE FOR THE 1997 LECCO.

PA

ACTION

1. I agree that complete refusal by us to discuss implementations of this nationality rule sits ill with our concern for the through train and with our attempts to persuade the Chinese to set out objective criteria for what is meant by upholding the Basic Law. But I do not think we should be drawn into implementing it ourselves in any shape or form before 1997 - not even to the extent of asking candidates to make their nationality and right of abode status public before the 1995 election (as suggested in para 5 of Mr Bunten's minute to you). Could this not wait until 1997? If the issue was opened up even to that extent in 1995 we could be drawn into de facto implementation. There would, at the very least, be a one or new. identifiable lame-duck members of LegCo. In any case the situation could change in the intervening 2 years - one of the surplus-to-requirement 'foreigners' could die for example, and in the meantime Hong Kong would enjoy the services of the LegCo it had voted for.

I

2. But we need to identify and agree a criterion for implementing this rule (in 1997) that is as neutral and non-manipulable as possible - eg fair, open and acceptable. find Mr Bunten's idea that those who have held foreign nationality longest should be the ones to stay the best idea so far (assuming this can in practice be proven). I cannot think of a better one. Certainly there should be no question of voting on it.

3. Mr Cox's idea of incorporating the agreed criterion into the electoral legislation, but to come into force only on 30 June 1997, would probably be the best way of establishing certainty (though it could be accused of being implementation of sorts). However this would only be acceptable if we got in return an equally cast iron criterion for upholding the Basic Law.

what is meant by

K. samndes

KAM Saunders

Hong Kong Department

WH 311

270 3544

23 August 1993

CC

Miss Brooks

Mr Wye, RAD Mr Bunten

Legal Counsellor

SECRET