TNAG-2739-FCO40-3953-Future-of-Hong-Kong-constitutional-development--through-tra-1993 — Page 78

HKB

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012/7

RECEIVED IN REGISTRY

29 MAY 100%

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FM HONG KONG

TO PRIORITY FCO

TELNO 766

OF 170515Z MAY 93

DESK OFFICER INDEX

REGISTRY

PA

Action Taken

INFO PRIORITY PEKING, UKREP JLG HONG KONG

pa Leg co

Thru

Thon train)

061612 MDLIAN 3325

(2)

CONSTITUTIONAL DEVELOPMENT: PRESS REPORTS.

THROUGH TRAIN.

1.

THE PAPERS REPORTED ON 16 AND 17 MAY THREE INTERVIEWS BY THE CHINA NEWS SERVICE WITH FORMER BASIC LAW DRAFTERS, XIAO WEIYUN, WU JIANFAN AND XU CHONGDE, ON THE THROUGH TRAIN ARRANGEMENTS FOR THE 1995 LEGCO. ALL THREE OF THEM LASHED OUT AT THE GOVERNOR FOR HIS REMARKS ON THE THROUGH TRAIN MADE IN THE U.S. THE GENERAL MESSAGES OF THE THREE INTERVIEWS ARE AS FOLLOWS:

(I) AN UNCONDITIONAL THROUGH TRAIN FOR ALL/ALL MEMBERS OF THE 1995 WOULD BE AGAINST THE BL AND THE NPC DECISION, AND WOULD NOT BE ACCEPTABLE TO THE CHINESE GOVERNMENT.

(II)

TO ASK THE CHINESE SIDE TO UNDERTAKE THAT ALL 1995 LEGCO MEMBERS COULD CROSS OVER 1997 WOULD AMOUNT TO REQUESTING THE CHINESE TO AMEND THE BL AND THE NPC DECISION.

(III) WHETHER OR NOT MEMBERS OF THE 1995 LEGCO WOULD SIT ON THE FIRST SAR LEGISLATURE WOULD BE MATTER FOR THE PREPARATORY COMMITTEE, AND HAD NOTHING TO DO WITH THE CURRENT TALKS. AS THE PC HAD YET TO COME INTO BEING, NO CONFIRMATION COULD BE DONE NOW. NOR COULD THE CHINESE GOVERNMENT GIVE ANY UNDERTAKING ON BEHALF OF THE PC SINCE HALF OF THE PC'S MEMBERS WOULD COME FROM HONG

KONG.

(IV) THE CRITERIA FOR THE THROUGH TRAIN WERE SPECIFIC AND WOULD NOT BE SUBJECT TO ARBITRARY INTERPRETATION. WHETHER A LEGCO MEMBER COULD BE DEEMED AS UPHOLDING THE BL WOULD BE DECIDE BY THE PC IN ACCORDANCE WITH THE BEHAVIOUR OF THE MEMBER AFTER THE PROMULGATION OF THE BL, NOT WITH THE PC'S SUBJECTIVE WILL.

(V) WU JIANFAN SAID THAT AS THE SOVEREIGN STATE, CHINA WOULD DEFINITELY NOT ALLOW THOSE WHO BURNT THE BL AND OPPOSED THE CHINESE GOVERNMENT TO SIT ON THE FUTURE SAR LEGISLATURE.

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