TNAG-2722-FCO40-3928-Hong-Kong-elections-Election-Committee-1993 — Page 34

OF. 316

SECRET **

高度機密

we

Cur

have

proposed

for the 95 EC, they do not form part of proposals for the EC to be used as a model. Again, it wish to pursue the matter with the Chinese, we will have to do so as a new issue.

we

Conclusions

21.

AS can be

seen, the above proposals are built on

flexibilities in the BL, and should not require amendments to the BL. Even so, the Chinese might argue that we are asking for an agreement between the sovereign governments to take away from the Preparatory Committee and the SAR authorities powers or flexibility reserved for them by the BL, and that this is inappropriate constitutionally and could undermine confidence in the BL. In response we can point out that we are only asking the Chinese Government to make recommendations to the relevant authorities, who will still be free to carry out the duties and powers given to them in the BL. One implication of this response is that even agreement is reached with the Chinese on our proposals, it will not bind the Preparatory committee and the SAR authorities. This of course mirrors our position that agreement with the Chinese on 94/95 electoral arrangements does not bind the present Legco.

D. 16

POST97EC

SECRET 高度機密