TNAG-2990-FCO40-3574-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 62

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ELECTION COMMITTEE, MR HURD SAID THAT HE AGREED IN PRINCIPLE WITH THE ARRANGEMENTS PROPOSED BY THE CHINESE SIDE, WHICH (NEXT WORD UNDERLINED) COULD BE ESTABLISHED IN 1995, BUT THAT DETAILS OF HOW THIS SHOULD BE DONE COULD BE DISCUSSED BETWEEN THE TWO SIDES IN DUE COURSE. HE ALSO EXPRESSED THE HOPE THAT THE FIVE PRINCIPLES AGREED BETWEEN THE TWO SIDES COULD BE REFLECTED IN THE BASIC LAW.

4. UNFORTUNATELY, THE CHINESE GOVERNMENT DID NOT CHANGE THEIR POSITION ON THE NEW NATIONALITY PROVISIONS FOR THE SAR LEGISLATURE, NOR ON THE VOTING METHOD FOR THE SAR LEGISLATURE. THE GIVE PRINCIPLES WERE NOT FULLY REFLECTED IN THE FINAL VERSION OF THE BASIC LAW. FOR EXAMPLE, THE PRINCIPLE THAT VOTING SHOULD BE BY SECRET BALLOT WAS OMITTED. IN ADDITION, THE FINAL VERSION OF THE BASIC LAW (PARAGRAPH 2 OF ANNEX II) MADE CLEAR THAT THE ELECTION COMMITTEE OF THE FIRST SAR LEGISLATURE WOULD EXPLICITLY NOT BE THE ELECTION COMMITTEE FOR 1999 WHOSE COMPOSITION WAS SET OUT IN ANNEX I OF THE BASIC LAW, BUT GAVE NO INDICATION OF WHAT IS COMPOSITION SHOULD BE.

5. MR HURD TOLD THE HOUSE OF COMMONS ON 16 FEBRUARY 1990: 'THE KEY ISSUES (OTHER THAN DIRECTLY ELECTED SEATS) ARE VOTING PROCEDURES, THE COMPOSITION AND CONSTITUTION OF THE GRAND ELECTORAL COLLEGE ... AND RESTRICTIONS ON THE NATIONALITY OF MEMBERS OF THE POST-1997 LEGISLATURE.

AS FOR 1995, WE PLAN TO INCREASE THE NUMBER OF DIRECTLY ELECTED SEATS TO AT LEAST 20. IF WE THEN DECIDE TO INTRODUCE THE ELECTORAL ARRANGEMENTS ENVISAGED IN THE BASIC LAW, IT WILL BE POSSIBLE FOR MEMBERS ELECTED TIN 1995 TO CARRY ON OVER THE 1997 BARRIER TO 1999.' THIS STATEMENT MAKES CLEAR THAT NO DECISION HAD BEEN TAKEN ON WHETHER OR NOT TO INTRODUCE THE ELECTORAL ARRANGEMENTS IN THE BASIC LAW: THE BRITISH SIDE WAS WAITING TO SEE ITS FINAL TERMS.

6. IT HAS SUBSEQUENTLY BEEN MADE CLEAR BY CHINESE OFFICIAL ON VARIOUS OCCASIONS THAT THEY HAVE NOT DECIDED TO ESTABLISH THE ELECTION COMMITTEE FOR THE FIRST SAR LEGISLATURE ON THE LINES SET OUT IN ANNEX I OF THE FINAL VERSION OF THE BASIC LAW. FOR EXAMPLE, ON 3 APRIL 1992, RTHK RADIO 1 REPORTED MR LU PING AS HAVING SAID THAT THE CHINESE SIDE WAS STUDYING THE DEMARCATION OF GEOGRAPHICAL CONSTITUENCIES AS WELL AS THE COMPOSITION OF THE ELECTION COMMITTEE. VIEWS WOULD BE WIDELY SOUGHT FROM HONG KONG PEOPLE BEFORE DISCUSSIONS WERE HELD WITH THE BRITISH. (TRANSCRIPT OF THE REPORT ATTACHED). SUCH A STATEMENT HARDLY SUGGESTS A PRIOR AGREEMENT ON A FIXED COMPOSITION FOR THE 1995 ELECTION COMMITTEE. INDEED, IT MAKES CLEAR THAT FOR THE CHINESE SIDE, AS FOR THE

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