TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 19

CODE RAD

Mr Bunten HKD

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RECEIVED IN REGISTRY

DESK OFFICER INDEX

RECK

PA

A

CONST

Reference.

R+B / CN 3/3

MB23/

BASIC LAW: FUNCTIONAL CONSTITUENCIES AND CORPORATE BODIES.

濁

1. Please refer to your minute of 16 February. As is often the case, a close inspection of the Basic Law shows up its many inadequacies. I agree with much of Ms Barret's minute of 18 February, but we do have some differences. I understood the references in Annex I and II to the functional constituencies as set out below.

2.

It is clear that the Legislative Council, in its second term, will, under Annex II, consist of members returned by functional constituencies; by the Election Committee; and by geographical constituencies. Article I (ii) of that Annex then goes on to prescribe in a little more detail what further action will bee needed in order to define the methods of electing members from these three groups.

Thus I take the purpose of the "delimitation of functional sectors and corporate bodies" to be to define the constituent parts of the "functional constituencies". Thus one or more "functional sectors" (with or without one or more "corporate bodies") would appear to go to make up each functional constituency. I would agree with Ms Barrett (para 4) that the English translation of "huafen" may be slightly defective here. She suggests "designate", the green dictionary also gives "determine" as a possible translation. Whatever term is chosen, the sense of the need for a definition of these bodies is clear.

3.

When one also takes the references to these organisations in Annex I, it would appear that "corporate bodies" are (or perhaps can be) constituent elements of the various "sectors" outlined there. They are not necessarily the only or sole constituent elements as the Annex refers to:" the delimitation of...the organisations in each sector eligible to return..members" before it goes on to state that: "corporate bodies in various sectors shall, on their own, elect members...". The wording of this Annex suggests "corporate bodies" do make up the various "sectors".

4.

In my view the "sectors" ("jie") of Annex I are very similar to the "functional sectors" of Annex II. The meaning of "sectors" is however probably wider than that of "functional sectors" (Hong Kong deputies to the NPC could not be deemed to be a functional sector though they are deemed part of a "sector" for the purposes of Annex I).

5. I would agree with Ms Barrett (para 6) that "functional sectors" and "functional constituencies are not the same thing. In my reading "functional constituencies" represent one or more "functional sectors". But I would not agree with her next sentence. In my reading of the BL, the hierarchy is as it were (from the bottom up): "corporate body" - "functional sector" "functional constituency". Thus a "corporate body" would be equally a part of a "functional sector" and of a "functional constituency".

6. As far as convergence is concerned, I would agree with Ms Barrett that it means convergence with the Basic Law and with the

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