TNAG-2739-FCO40-3953-Future-of-Hong-Kong-constitutional-development--through-tra-1993 — Page 63

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OFF THE TRAIN' IN 1997. 82 RESPONDENTS SAID THEY WOULD STILL VOTE FOR CANDIDATES WHO HAD BEEN NAMED TO BE REQUIRED TO GET OFF THE

TRAIN IN THE 1995 ELECTIONS.

4. SEPARATELY, THE PAPERS ACCORDED GOOD COVERAGE TO THE REMARKS MADE BY THE GOVERNOR AT THE LEGCO QUESTION TIME YESTERDAY. THE GOVERNOR WAS QUOTED AS SAYING THAT HE DID NOT AGREE THAT ONE SHOULD JUDGE WHETHER A LEGISLATOR COULD RIDE THE THROUGH TRAIN ON THE BASIS OF HIS/HER PAST OPINIONS. THE GOVERNOR STRESSED THAT THE CRITERIA FOR THE THROUGH TRAIN SHOULD BE OBJECTIVE AND JUSTICIABLE. HE BELIEVED THAT THE PRESENT OATH OF ALLEGIANCE SHOULD MEET THE REQUIREMENTS AND SHOULD THEREFORE TRANSCEND THE CHANGE IN SOVEREIGNTY. SIMON LI'S REMARKS WERE CONSIDERED BY THE GOVERNOR AS INCONSISTENT WITH THE RULE OF LAW IN HONG KONG. THE GOVERNOR WAS ALSO QUOTED AS SAYING THAT THE THROUGH TRAIN COULD NOT BE SEPARATED FROM THE ELECTORAL ARRANGEMENTS, AND THAT AN AGREEMENT WITHOUT THE THROUGH TRAIN WOULD BE UNACCEPTABLE. POLITICAL STABILITY IN HONG KONG WOULD BE THREATENED IF THE EVENTUAL SINO-BRITISH DEAL WAS UNACCEPTABLE TO THE COMMUNITY. THE LEFT-WING HK COMMERCIAL DAILY HIGHLIGHTED THE GOVERNOR'S REMARKS THAT NOBODY COULD GUARANTEE THAT ALL LEGCO MEMBERS ELECTED IN 1995 COULD RIDE THE THROUGH TRAIN.

5. ON THE REFORM PACKAGE, THE HK ECONOMIC JOURNAL REPORTED THE GOVERNOR AS ADMITTING THAT HIS REFORM PACKAGE WAS NOT THE ONLY WAY TO ACHIEVE OPEN, FAIR AND ACCEPTABLE ELECTORAL ARRANGEMENTS, AND THAT THE BRITISH SIDE WOULD SHOW FLEXIBILITY IN SECURING A DEAL WHICH SATISFIED THESE PRINCIPLES. THE PAPERS ALSO QUOTED THE GOVERNOR AS SAYING THAT THE NINTH ROUND OF TALKS WOULD BE HELD IN

AUGUST.

6. HK COMMERCIAL DAILY PICKED ON THE GOVERNOR'S SUGGESTION THAT THOSE WHO WERE THROWN OFF THE THROUGH TRAIN COULD APPEAL TO THE COURTS. THE PAPER SAID THAT A BRITISH COURT WOULD DEFINITELY RULE IN FAVOUR OF ANY OUSTED LEGISLATORS. THE PAPER LINKED THE GOVERNOR'S REMARKS TO THE LEGCO MOTION ON THE ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION, SAYING THAT THE COMMISSION WOULD OVERRIDE THE SARG AND SAR COURTS AND FORM A TOOL FOR BRITAIN TO EXTEND HER COLONIAL INFLUENCE AFTER 1997. THE PAPER SAID THAT THE BRITISH SIDE COULD SEEK CLARIFICATION FROM THE CHINESE SIDE ON THE THROUGH TRAIN AT THE TALKS. HOWEVER ANY ATTEMPTS ON THE BRITISH PART TO IMPOSE CONDITIONS ON THE THROUGH TRAIN WOULD BE FUTILE.

7. TA KUNG PAO SAID THAT THE GOVERNOR HAD WRONGLY TAKEN

LEGISLATORS' 'SUBJECTIVE CHOICE' OF WHETHER TO PLEDGE ALLEGIANCE TO

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