TNAG-2781-FCO40-4000-Future-of-Hong-Kong-constitutional-development-Chinese-reac-1993 — Page 118

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MDLIAN 3056

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1375

OF 25072OZ AUGUST 1993

INFO PRIORITY PEKING, UKREP JLG HONG KONG

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CONSTITUTIONAL DEVELOPMENT: NATIONALITY RESTRICTIONS: PRESS REPORT

1. THE HONG KONG ECONOMIC TIMES TODAY (25.8) QUOTED PWC POLITICAL SUB-GROUP MEMBER PROFESSOR LAU SIU-KAI AS SAYING THAT HKG WAS UNLIKELY TO IMPLEMENT THE NATIONALITY RESTRICTIONS UNDER BL 67 IN THE 1995 ELECTIONS AS THIS HAD MAJOR LEGAL AND SOVEREIGNTY IMPLICATIONS.

2. LAU BELIEVED THAT EVEN IF THE BRITISH SIDE WAS UNWILLING TO IMPLEMENT SUCH RESTRICTIONS IN THE 1995 ELECTIONS, THIS SHOULD NOT CREATE ANY OBSTACLES FOR THE THROUGH TRAIN QUESTION OR THE SINO- BRITISH TALKS AS THE BRITISH SIDE WAS ONLY ASKING FOR OBJECTIVE CRITERIA FOR THE THROUGH TRAIN AND NOT A 100 PERCENT THROUGH PASSAGE OF BOTH THE PASSENGERS AND THE SYSTEM IN 1997. ON THE NATIONALITY RESTRICTION ISSUE, LAU BELIEVED THAT HKG WOULD ASK THE CHINESE GOVERNMENT TO PROVIDE AN IMPLEMENTATION METHOD BEFORE THE 1995 ELECTIONS, AND THEN ALLOW HONG KONG PEOPLE TO MAKE THEIR OWN CHOICE, BASED ON THESE GUIDELINES, WHEN STANDING FOR ELECTION IN 1995. HKG WOULD NOT HOWEVER ADOPT THE PROPOSED IMPLEMENTATION METHOD IN 1995.

3. LAU AGREED THAT IT WOULD BE DIFFICULT TO DRAW UP A REASONABLE, SIMPLE AND FEASIBLE METHOD TO IMPLEMENT THE NATIONALITY RESTRICTIONS AS NO GUIDELINES WERE PROVIDED IN THE BL. HE BELIEVED THAT A POSSIBLE METHOD WOULD BE TO ALLOCATE THE WHOLE QUOTA OF 20 PERCENT OF FOREIGN PASSPORT HOLDERS TO THE FUNCTIONAL CONSTITUENCIES AS FOREIGNERS WERE MORE LIKELY TO BE MEMBERS OF THE ELECTORATE OF THESE CONSTITUENCIES. FOR THE DIRECTLY ELECTED SEATS, FOREIGNERS WERE EXPECTED TO MAKE UP A VERY SMALL PART OF THE ELECTORATE. AS REGARDS THE ELECTION COMMITTEE, LAU CONSIDERED THIS TO BE A TRANSITIONAL ARRANGEMENT AND SHOULD NOT, THEREFORE, INCLUDE ANY FOREIGN PASSPORT HOLDERS.

COMMENTS

4.

THIS REPORT IS INTERESTING. LAU IS NOT ONLY A PWC MEMBER : HE HAS FOR A LONG TIME BEEN A SORT OF UNOFFICIAL ADVISER TO THE

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