TNAG-2731-FCO40-3937-Future-of-Hong-Kong-constitutional-development-1993 — Page 158

SECRET

MB

azli

Mr Ricketts

HKD

HONG KONG:

مبر

Miss Sander

Zul

zy

From: Miss S Brooks

Date:

Cc:

Legal Counsellor

20 January 1993

buss

Šir J Coles, DUSS

Mr Hum, AUSS

Miss Saunders, HKD Mr Davies, FED

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POSSIBLE CHANGES TO THE ELECTION COMMITTEE PROPOSAL

1. I refer to your minute of 18 January to Miss Saunders on the above matter. The essence of the problem would seem to be how to reconcile the directly elected principle to which HMG and the Hong Kong Government attach importance with the relevant provisions of the Basic Law. The proposals put forward by the Governor meet the directly elected principle but differ significantly from the Basic Law provisions on the Election Committee for the second term. The Election Committee envisaged for the second term allows for members selected from representatives of district organisations to be returned; it does not allow for members to be drawn solely from District Board representatives. The Basic Law does not address the composition of the Election Committee for the first term of Legco (1997-1999) but it can be argued that the Chinese would have a legitimate expectation that it would be very similar to the composition of the Election Committee for the second term. In any event, if the composition of the Election Committee for the first term were based on the Basic Law provisions for the composition of the Election Committee for the second term, it would be likely to be more acceptable to the Chinese.

2.

The difficulty I have with Option A in the Exco paper is two-fold. It is based in part on existing functional constituencies. I understand that one of the five principles for the Election Committee agreed in 1990 was that its composition should not duplicate the membership of other constituencies. It is also clear from the Basic Law, Annex I read with Annex II, that the four sectors which provide the members of the Election Committee are distinct from the functional constituencies. Options B and C depart significantly from the Basic Law provisions. Option D also offends against the Basic Law because it is based on occupational groups rather than organisations and corporate bodies.

3.

I tentatively offer a fifth option. In practice it may not work but I believe it would be consistent with the Basic Law and I have endeavoured to reconcile it with the directly elected principle. The key components of my proposal are that it is based on the composition of the Election Committee for

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