TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 22

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of functional sectors and corporate bodies") is a key one. I think "gong neng jie bie" must refer to the three groups of sectors listed in Annex I (2). "Delimitation" ie. definition of them will obviously be required. "Delimitation" of "Corporate bodies" is less easy to understand. "Hua fen" means to delimit or differentiate. But a corporate body is already defined by its own statute, articles of association, etc. It may be that "hua fen" has to be understood here to mean "designate" rather than "delimit". Perhaps the English translation is slightly defective on this point.

5. You ask whether election arrangements in 1995 would have to include both "functional sectors" and "corporate bodies" in order to converge with the BL. I assume that "convergence" means convergence with the provisions in the Basic Law and NPC Decision concerning the formation of the first Legco. The BL refers to functional sectors and corporate bodies in the context of the Election Committee provided for in Annex I, which expressly states that it is not applicable to the first Legco. The Decision of the NPC, para 6, on the formation of the first Legco makes no reference to either. The term used there for "functional constituencies" is "gong neng tuan ti xuan ju", which equates to the "functional constituencies" referred to in Annex II, which will return members of Legco. "Functional sectors" on the other hand are to produce members of the Election Committee, which will have no relevance to the formation of the first Legco. Since the composition of the "election committee" referred to in para 6 of the Decision is not defined, it remains a mystery whether the NPC intended it to resemble the "Election Committee" defined in Annex I or not. There is nothing to indicate that the "election committee" for the first Legco should consist of members elected by corporate bodies in functional sectors. (By contrast the NPC Decision provides that a "Selection Committee" shall recommend the candidate for first Chief Executive, and that Committee shall consist of members returned by various "sectors"). As far as Legco is concerned, this is a case of there being nothing to converge with.

6. In short, "functional sectors" and "functional constituencies" are not the same. The former consist of "corporate bodies", whereas the latter do not (they are left undefined but presumably consist of individual voters). The former are not provided for in relation to the formation of the first Legco. Therefore as far as I can see, the electoral arrangements for 1995 do not necessarily need to involve any corporate bodies or functional sectors in order to converge with the BL and Decision. The problem is how to devise "an election committee" to converge with a concept which the Chinese have not yet defined.

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