TNAG-2731-FCO40-3937-Future-of-Hong-Kong-constitutional-development-1993 — Page 198

CONFIDENTIAL

Miss Shan 201

Mr Ricketts HKD Leb

Ricket

Miss Brooks is also commenting. us the discuss

RECL

30121

MAY

25 JAN 1933

Froman R F Wye

TOY

Far East Section

Research & Analysts Dept OAB 2/125 210 6219/6216

Date: 19 January 1993

cc: Sir J Coles

Mr Hum

Miss Brooks, Legal

Advisers

Miss Saunders HKD Mr Davies FED

37

HONG KONG: POSSIBLE CHANGES TO THE ELECTION COMMITTEE PROPOSAL

1.

You asked for any views on the various proposals

for modifying the composition of the election committee outlined in the attachment to your minute of 18 January.

/

(36

2. The Chinese public position has consistently been that the Governor should return to the principles laid down in the Basic Law. The 1990 exchange of correspondence put a similar view (Chen Ziying's message of 6 February) when in addition to agreeing the five principles, he said: "however the Chinese side maintains that the provisions on the composition and ratio of the Electoral Committee as specified in Paragraph 2 of Annex 1 of the basic Law must be followed in terms of its proportional composition....China believes that its provisions on composition and ratio are appropriate and should not therefore be subject to change." The Chinese will not be impressed by any modification of the proposals that does not move closer towards the prescriptions of the Basic Law (and this appears to mean the arrangments in Paragraph 2 of Annex 1 despite the fact that there is no specific reference to the composition of the election committee for the pre 1997 Legislative Council). I presume that the only real practical justification for modifying the proposals would be to make them more acceptable to the Chinese (responding to pressure from within Hong Kong seems essentially to be pressure in that direction, rather than to move further away from the Basic Law). Option A seems the closest to that in that it is modelled directly on the relevant provisions of the Basic Law, although the fourth category in particular is a considerable departure from the Basic Law provisions (missing out people like NPC and CPPCC deputies whom the Chinese would presumably see as very important to have on the committee).

3. Option B is modelled on the Selection Committee for the first Chief Executive as specified in the NPC decision of 4 April 1990. The principle problem as far the Chinese are concerned is likely

CONFIDENTIAL