TNAG-2739-FCO40-3953-Future-of-Hong-Kong-constitutional-development--through-tra-1993 — Page 58

CONFIDENTIAL

CONFIDENTIAL

HKBZE 012/7

RECERED IN EEGISTRY

FM HONG KONG

TO IMMEDIATE FCO

fi:

TELNO 1320

OF 130445Z AUGUST 93

16 AUG 1993

RICER

PA

pa. Leglo

DISTATOP CORYORS

ODISTY?

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

Leglo (paid) Through

152764 MDHIAN 1844

CONSTITUTIONAL DEVELOPMENT: NATIONALITY RESTRICTIONS IN THE 1995

LEGCO ELECTIONS.

1.

THE HONG KONG ECONOMIC JOURNAL TODAY (13.8) QUOTED SOURCES CLOSE TO THE SINO-BRITISH TALKS AS SAYING THAT IN THE LAST ROUND THE CHIENSE SIDE HAD RAISED THE QUESTION OF NATIONALITY RESTRICTIONS IN THE 1995 LEGCO ELECTIONS. UNDER ARTICLE 67 OF THE BL, ONLY 20 PERCENT OR 12 OF THE LEGCO MEMBERS COULD BE FOREIGN PASSPORT HOLDERS AFTER 1997. THE CHINESE SIDE ASKED FOR THE BRITISH SIDE'S CO-OPERATION IN MAKING APPROPRIATE ARRANGEMENTS IN THE 1995 ELECTORAL LEGISLATION, BUT THE BRITISH SIDE CONSIDERED THAT THIS WOULD BE DIFFICULT AS IT INVOLVED COMPLICATED CONSTITUTIONAL QUESTIONS. THE SOURCES SAID THE CHIENSE SIDE DID NOT PROPOSE CONCRETE METHODS TO DEAL WITH THE PROBLEM BUT BELIEVED THAT THIS WAS AN IMPORTANT CRITERION OF THE THROUGH TRAIN AND WAS ESSENTIAL FOR CONVERGENCE WITH THE BL. THE SOURCES SAID THE CHIENSE SIDE HAD DRAWN UP A NUMBER OF BLUEPRINTS AND THAT IT WOULD NOT INSIST ON RESTRICTING THE 12 SEATS TO THE FUNCTIONAL CONSTITUENCIES. IT HOPED THAT CONSENSUS COULD BE REACHED WITH THE BRITISH SIDE SO THAT THE ARRANGEMENT COULD BE IMPLEMENTED IN THE 1995 ELECTIONS.

2. QUOTING SOURCES CLOSE TO THE BRITISH SIDE, THE PAPER SAID THERE WERE TECHNICAL DIFFICULTIES IN IMPOSING NATIONALITY RESTRICTIONS IN 1995 IN ACCORDANCE WITH THE CHIENSE NATIONALITY LAW AND THE YET TO BE IMPLEMENTED BL. MOREOVER HKG HAD NO REASON TO RESTRICT THE RIGHT OF BRITISH NATIONALS TO STAND FOR ELECTION ON CONSTITUTIONAL GROUNDS. THE SOURCES SAID THAT WHILE WILLING TO LISTEN TO THE CHINESE SIDE'S PROPOSALS, THE BRITISH SIDE BELIEVED THAT THE NATIONALITY RESTRICTIONS SHOULD BE IMPOSED AFTER THE BL TOOK EFFECT IN 1997. A FAIR AND REASONABLE ARRANGEMENT ON THE NATIONALITY ISSUE COULD ALSO BE SEEN AS OBJECTIVE CRITERIA FOR THE THROUGH TRAIN. THE SOURCES SAID THE BL NATIONALITY REQUIREMENT MIGHT NOT BE A PROBLEM AS IT WAS DIFFICULT TO PREDICT NOW HOW MANY FOREIGNERS WOULD BE ELECTED IN 1995. BESIDES SOME OF THEM MIGHT DECIDE TO GIVE UP THEIR FOREIGN PASSPORTS BEFORE 1997.

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