TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 71

CODE RAD

MUB 011/7

RECEIVER (2; REGISTE Y

- 2 SEP 1993

DESK OFFICER

INDE

Mr Ricketts

A

pa. Elections: Mahath

Restriction

Reference.

SECRET

(New Kile)

letter sel

ол

NATIONALITY PROVISION FOR LEGCO MEMBERS

39.

28/8

1.

Please refer to Mr Cox's letter of 23 August and the minutes by Mr Bunten and Ms Saunders. It would make sense to discuss with the Chinese procedures for implementing the nationality rule after 1997. If we did not do so, the Chinese could simply employ any mechanism they saw fit. This way we do at least have the opportunity of influencing their thinking and perhaps of achieving a mechanism that meets the the kind of criterion for such a mechanism that Ms Saunders mentions (that it be fair, open and acceptable).

The

2. I think Mr Bunten's solution to the problem a good one since it uses a criterion, the length of time someone has held a foreign nationality, which is directly germane to the question (rather than some arbitrary standard such as age). It is also direct and simple, and likely to be largely acceptable (given that some standard has to be adopted even if only for theoretical use). There is a problem however which would hold as long as there are different forms of election to the Legislative Council. If it so happened that the loser(s) in a process of this nature turned out to be from the directly members while other "foreigners" indirectly elected remained in office, those compelled to resign could legitimately argue that they had been chosen by the people of Hong Kong in open election and were thus more suitable candidates to remain in office than other who had only been indirectly elected. It would damage the democratic credibility of the Legislative Council if something like this were to occur. damage would be even greater if Mr Bunten's other suggestion that candidates declare their nationality and right of abode status, as the losers could then argue that the people of Hong Kong had voted for them in full knowledge of their status. I completely agree with him that we should reject any suggestion of setting nationality quotas for the candidates in the various types of election or that "foreigners" should be excluded from standing for any type of seat. However, preference should perhaps be given to directly elected members in the event of there being a surplus of foreigners elected. Thus the procedure to be followed in the event of the election of more than 12 "foreigners" to the Legislative Council would be to look first to those elected by the electoral college, then to those elected by functional constituencies and finally to those directly elected. the standard suggested by Mr Bunten of length of time the nationality was held could be applied. I realise that this complicates what was an admirably simple procedure but it would avoid a situation whereby directly elected members were edged out by indirectly elected ones.

3.

In each case

We should also insist, as Mr Bunten suggests, that a by election take place to fill the seat or seats vacated. The Chinese could come up with a mechanism for example whereby the vacant seats were filled by the electoral college.

SECRET