TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 24

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Mr Wye RAD (FE)

BASIC LAW: FUNCTIONAL SECTORS AND CORPORATE BODIES

1. Article I ii) of Annex II of the Basic Law refers to "the delimitation of functional sectors and corporate bodies, their seat allocation and election methods" being "specified by an electoral law introduced by the SARG and passed by Legco". This would on the face of it suggest that any arrangement for elections in Hong Kong which wished to be consistent with the Basic Law would have to contain both "functional sectors" and "corporate bodies".

2.

It is unclear however wether the "functional sectors" are the same as the functional constituencies of Legco referred to in article I i) of the same annex, or are the sectors of the Election Committee in Annex I ii). Similarly it is unclear wether the "corporate bodies" are corporate bodies in functional constituencies (but in which case what seats are they allocated? Functional constituencies do not have "seats" inside them) or again they refer to Annex I.

3. However if Article II ii) of Annex II does refer to the functional sectors and corporate bodies of Annex I then it seems to be somewhat redundant since Annex I contains its own stipulations for an Electoral Law. (Note for Miss Brooks: This is something I have only noticed since our discussion this morning).

4. Much depends on what is meant by a corporate body. I should be grateful for your and Ms Barrett's views on the meaning and scope of the Chinese (Fa ding tuan (?)ti). Could it encompass say the Urban Council, or the HK General Chamber of Commerce, or does it mean an individual organisation such as the BOC? Indeed does it have any sense of a corporate voter? I should also be grateful for any light the Chinese translation of "delimitation" throws on this somewhat obscure

term.

развие

RAJ Bunten Hong Kong Dept WH 305 270-2655

16 February 1993

cc Mr Ricketts

Ms Barrett, Legal Advisers Miss Brooks, Legal Counsellor

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