TNAG-2990-FCO40-3574-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 73

CONFIDENTIAL

that details would need to be discussed later.

DESKBY

- unfortunately, those principles were not fully reflected in the

basic law. for example, the principle that voting should be by

secret ballot was omitted. much more important, the final

version of the basic law made plain that the composition of the

election committee which the chinese side had been discussing

with us would specifically not apply in the case of the first sar

legislature. it would apply uniquely in the case of the 1999

election committee.

the election committee for 1995 was thus one of several issues

on which the governor had to put forward his own proposals since

the basic law offered no guidance on the point

his proposals are fully consistent withe the five

principles agreed between the two sides. had he proposed for the

1995 election committee the composition specified in the basic

Law for the 1999 election committee, that would have breached the

basic Law

if the chinese side do not agree with the governor's

proposals, it is incumbent on them to put forward alternatives,

which are consistent with the five principles agreed between the

two sides.

the chinese side also criticised the governor's proposals on

functional constituencies. they referred in this respect to the

green and white papers of 1987 and 1988. these papers make clear

that functional constituencies should be "substantial and of

importance in the community"

-

for example, every doctor can vote

in the medical constituency, under existing arrangements. the

governor's proposals are wholly consistent with this approach.

he