TNAG-2722-FCO40-3928-Hong-Kong-elections-Election-Committee-1993 — Page 47

3.E. BEIJING CEMPTEK

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of diplomatic exchanges;

SECRET

what Chinese officials have said publicly and to visiting

Hong Kong delegations;

certain principles set out in the Basic Law.

2.

Let me take this last point first. I have already noted

that Article 68 of the BL, following Article 49 of the Joint

Declaration, provides that the Legislative Council of the SAR

"shall be constituted by election".

Can you please tell me

how that requirement would be met in the case of the 10

members returned by the 1995 Election Committee if the

arrangements were not in accordance with the two principles we

have set out ?

of

). There is also the question of the reference in para 3 of BL Annex I to the Election Committee's being constituted "in accordance with the principles of democracy and openness".

course we are agreed that Annex I does not deal with the 1995

Election Committee; but are you seriously prepared to argue that these principles which will apply to the 1999 and

subsequent Election Committees should not also apply to the

1995 Election Committee ? If so, what grounds will you use to

support such a peculiar position ? And if you do accept the

principles of democracy and openness, what can they mean if it is not the same as the slightly more detailed formulations

which we have used ?