Seven Letters on
the question of Hong Kong
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Letter
1 (18 January 1990) |
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Letter
2 (20 January 1990) |
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Letter
3 (31 January 1990) |
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Letter
4 (3 February 1990) |
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Letter
5 (6 February 1990) |
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Paper
Handed Over to the Chinese Government: |
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Letter
6 (8 February 1990) |
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Letter
7 (12 February 1990) |
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Message
from Secretary of State for Foreign and Commonwealth Affairs to the Chinese
Foreign Minister |
Message from Secretary of State for Foreign and
Commonwealth Affairs to Chinese Minister of Foreign Affairs
(18 January 1990)
The Governor of Hong
Kong has reported to me on his visit of last week to Beijing. I believe that
this was valuable in that both sides were able to increase understanding of the
other views, particularly on the question of political development.
Subsequently, the Chinese Foreign Ministry transmitted further proposals to the
British Embassy. Sir Alan Donald has told your colleagues that I appreciated
the positive spirit in which these were put forward and that I recognize that
they represented an advance on previous proposals from the Chinese side. He
also told you that I wished if possible to reach an understanding on the
development of the political structure before and after 1997. I should like you
to be quite clear about this.
I have considered
carefully your suggestion that we should restrict the number of directly
elected seats in 1991 to 15, in return for which you would allow for 20
directly elected seats (one-third) in a legislature of 60 in 1997, which would
thereafter increase to 40 per cent in 1999 and 50 per cent in 2003.
It was brought home to
me very clearly during my visit to Hong Kong that there is overwhelming
pressure in Hong Kong from most sectors of the public, including significant
sections of business community, for the introduction of 20 directly elected
seats in 1991. It was impressed on me that failure to do so would risk severe
damage to British authority in the Territory in the period before 1997.
If we were to decide,
despite the clearly expressed desire of large sections of the community, that
we were to introduce a lower number in 1991, I believe this could only be done
if there were a sufficient number of directly elected seats for 1997 and
development thereafter which was sufficient to command general support in Hong
Kong. We might thus be able to offset disappointment at the failure to
introduce 20 seats in 1991.
I believe that your
proposal for 50 per cent directly elected seats in 2003 could be accepted by
opinion in Hong Kong for the elections in that year if it were part of a steady
progression starting earlier. But I fear that your suggestion for 20 seats in
1997 would not be sufficient to command support. If, however, the Chinese side
were prepared to increase the figure for 1997 to 24 seats (40 per cent) I
believe that there is a good chance that the provisions for political
development in the Basic Law would receive support within Hong Kong. We would
then be enabled to give active support to those provisions. In particular, we
would make every effort to encourage people of moderate views, including those
in the business community, to play an active part in the political life of the
Territory.
In these circumstances,
the British government would be prepared to limit the number of directly
elected seats introduced in 1991 to 18 and to bring in 24 directly elected
members in 1995. There would certainly be disappointment in Parliament and a
strong and hostile reaction in Hong Kong, but the achievement of gradual and
steady progress on the lines I have outlined would enable me to defend such a
decision vigorously.
This proposal is not
very different in substance to what your Foreign Ministry put to us on 15
January. It involves a slightly higher starting point in 1991, and bringing
forward what you have proposed for 1999 to 1997. But I believe that these small
changes would make all the difference in terms of obtaining support in Hong
Kong and ensuring that the British ability to administer the Territory between
now and 1997 is not eroded.
If you wished to provide
for the establishment of a grand electoral college in the Basic Law, and the
arrangements for constituting this body were open and fully representative, we
would wish to see it initiated in 1995 through consultations between our two
sides. Those elected by the grand electoral college in that year would
subsequently be able to become members of the first Legislature of the SAR if
they met the requirements for membership stipulated in the Basic Law. Other
members of the 1995 Legislature would, as provided for in the second draft of
the Basic Law, also become members of the first SAR Legislature. I also
consider it important, if the political structure provisions of the Basic Law
are to command support in Hong Kong, that the pattern of voting should be the
one that Hong Kong is used to. What is needed is to ensure overall continuity
in the Legislature.
I very much hope that we
can reach agreement on this important question. It is one of great significance
for ensuring the political stability of Hong Kong. Doing so would enable us to
co-operate fully with you in developing a political structure which would
ensure convergence and a smooth transition. Agreement between us on these
points would also open the way for me to visit Beijing to hold discussions with
you on matters of mutual concern and to take forward the ideas for improving
Sino-British relations which were set out in the Prime Minister message to
General Secretary Jiang Zemin.
Message from Chinese Minister of Foreign Affairs to Secretary
of State for Foreign and Commonwealth Affairs
(20 January 1990)
Foreign Minister Qian
appreciates the message from Foreign Secretary Mr. Hurd. The Minister has taken
note of the Foreign Secretary's concern over the development of the political
structure of Hong Kong. The Foreign Minister believes that as long as both
sides set store by the prosperity and stability of Hong Kong and act in the
spirit of mutual understanding and mutual accommodation which enabled our two
countries to conclude the Sino-British Joint Declaration, there will be no
problems between us that defy resolution.
It is precisely in this
spirit that the Chinese side on January 15 put forward a new proposal on the
development of the political structure of Hong Kong, which embodies our
positive efforts and a major concession we have made on this question. Having
considered various factors, the Chinese side cannot bring itself to agree to
the Right Honourable Foreign Secretary proposal that in 1997 the proportion of
the directly elected seats in the first Legislature of the Hong Kong Special
Administrative Region be set at 40%.
However, if the British
side agrees to the percentages of the directly elected seats in the Legislature
in 1997 and thereafter as contained in the Chinese January 15 proposal (i.e.,
in a Legislature of 60, 33.3% of the seats will be directly elected in 1997,
40% in 1999 and 50% in 2003), in order to achieve the convergence of the
political structure before and after 1997 and the smooth transition of
government, the Chinese side is ready to consider the British suggestion that
the number of directly elected seats of the Legislature in 1991 be increased
from 15 to 18. A common understanding between China and Britain on this
question would contribute to the prosperity and stability of Hong Kong and
enable our two countries to take a major step forward in restoring and
developing our bilateral relations.
Message from Secretary of State for Foreign and
Commonwealth Affairs to Chinese Minister of Foreign Affairs
(31 January 1990)
Thank you for your
message of 20 January, which I have studied carefully. I entirely share your
view that the differences between our two sides can be resolved so long as we
approach them in a spirit of mutual accommodation with the aim of maintaining
the stability and prosperity of Hong Kong. It is my sincere wish to reach an
early understanding with you on the most appropriate political structure for
Hong Kong before and after 1997. I am grateful for the efforts you have made to
meet our concerns.
I have given the matter
intense thought since receiving your reply. I have also examined carefully the
reports which I have received on the reactions in Hong Kong to the proposals
which emerged from the recent meeting of the Political Structure Special Group
of the Basic Law Drafting Committee in Guangzhou.
It is clear to me, as it
will be to the Chinese side, that the outcome of the Basic Law Drafting
Committee Special Group meeting caused real disappointment in Hong Kong.
There has been a
particularly adverse reaction from moderate groups in the Territory who have
been working hard to find an acceptable consensus. We therefore face the
prospect that unless significant changes are made, the provisions on the
political structure in the Basic Law will not be welcomed by responsible
opinion in Hong Kong. This situation would pose serious political problems for
both our Governments. The Basic Law will have a major impact on how Hong Kong
people view their future. The political structure provisions will be of key
importance in this regard. The effect on investor confidence, locally and
overseas, if these provisions were to be widely criticised would be serious.
As I have explained in
my message of 18 January, the main differences between us lie in two areas: the
numbers of directly elected seats, and the compatibility of the systems before
and after 1997.
We are not far apart on
directly elected seats, but there is a real problem over the number the Chinese
side has in mind for 1997. I have explained the pressures we are under to
introduce 20 directly elected seats in 1991. In my message of 18 January, I
said that if the Chinese side were prepared to provide for 24 seats (40
percent) in 1997, we would be willing to restrict the number in 1991 to 18 (30
percent). It will be very difficult for us to do this unless you can increase
the number beyond 20 in 1997.
As regards
compatibility, I have three concerns. Firstly, on voting arrangements, people
in Hong Kong attach importance to a straightforward system, of the kind which
is now used in the Legislative Council. Reports about the introduction of a new
differential voting system have caused widespread concern in Hong Kong,
especially among moderate sensible opinion. Apart from its unfamiliarity,
people fear that such a system would impede the legislative process without
producing any corresponding benefits.
Secondly, I emphasised
in my message of 18 January the importance we attach to ensuring that any Grand
Electoral College or Election Committee used to elect members of the
Legislature should be a fully representative body constituted in an open way. I
await your assurance that this is what the Chinese side have in mind. It will
also be important that the details of the composition and constitution of any
Grand Electoral College are made clear to Hong Kong people to reassure them
about the nature of their proposed future political system. We could then
consider introducing similar arrangements in 1995, thereby ensuring continuity.
This would be the subject of closer consultation between our two sides.
Finally, I have seen
reports that the Basic Law will contain a new provision to restrict the number
of foreign nationals who can be members of the Legislature to 15 percent of the
total. This has caused concern in Hong Kong. It would put a serious obstacle in
the way of continuity. It would also be very difficult to implement.
It is quite clear that
the acceptability to sensible opinion in Hong Kong of a Legislature with a
limited if increasing proportion of directly elected seats will be crucially
affected by the voting and other arrangements to which I have referred. I
therefore hope that you will give serious attention to these points.
Let me assure you once
more that it is the British Government's wish to do everything possible to
ensure a smooth transition in 1997, in accordance with the Joint Declaration.
We want to be able to support the Basic Law publicly when it is promulgated,
and to persuade Hong Kong people to support and have confidence in it. But I
have to say that if changes to the provisions of the political system are not
made, I would expect resignations from the Executive and Legislative Councils.
These are the very people on whom we depend to maintain efficient government in
Hong Kong. There might also be a lack of cooperation from the Legislative
Council in passing the necessary Legislation for the 1991 elections. In such
circumstances, the ability of the British Government to maintain the stability
and prosperity of Hong Kong in the remaining years of British administration
could be seriously impaired.
It is vital that we
should cooperate to resolve these difficulties. I am very conscious that there
is not much time before the Basic Law Drafting Committee meets in plenary
session on 12 February. I should therefore like to send one of my senior
officials, Mr. Robin McLaren, to Beijing to discuss these matters in detail. He
would be ready to travel in time for meetings in the week beginning 5 February,
or even earlier if you thought that helpful.
Message from Chinese Minister of Foreign Affairs to Secretary
of State for Foreign and Commonwealth Affairs
(3 February 1990)
Thank you for your
message of 31 January conveyed to me through Ambassador Alan Donald. I
appreciate your wish to reach an early understanding with me on the development
of a political structure for Hong Kong.
The British side has
regrettably failed to make any concession on the relevant specific proposals,
at which I cannot but feel very much disappointed. The Chinese side has all
along endeavoured with sincerity to reach a common understanding on this issue
with the British side. Chinese leaders expounded China's fair and reasonable
position both in a letter to Prime Minister Margaret Thatcher and during their meetings
with Special Envoy Percy Cradock and Governor David Wilson. In the talks
between my colleagues and the Hong Kong Governor and in my messages to you, we
made for more than once major concessions. However, China's sincerity in this
regard has not received due, positive response from the British side. In such
circumstances, I see no need for sending your colleagues to Beijing for another
round of consultations.
As you know, the
Drafting Committee of the Basic Law of Hong Kong Special Administrative Region
will meet soon and make a final decision. If the British side is unable to
accept the proposals I put forward in my 20 January message to you, the Basic
Law Drafting Committee will have to make a decision within the framework of the
original proposal. I believe that the Foreign Secretary is well aware of the
fact that the drafting of the Basic Law is entirely China's internal
affair.
It is China's hope to
see stability and prosperity maintained in Hong Kong and the British side make
a right choice so as to avoid giving rise to a situation which neither of our
two sides would like to see.
Paper Handed Over to the Chinese Government
(I) Voting
Procedures for the SAR Legislature
1.
During their meeting in Peking on 11 January 1990 with the Governor of Hong
Kong, Mr. LI Hou and Mr. LU Ping said that a nationality restriction on members
of the legislature of the Hong Kong Special Administrative Region was under
consideration.
2. According to press reports, the BLDC Special Group on
the Political System has proposed that the Basic Law should include a
stipulation that members of the legislature of the Hong Kong SAR shall be
Chinese citizens who are permanent residents of the SAR and who have no right
of abode in foreign countries; and that permanent residents of the SAR who are
not Chinese nationals or who have a right of abode in foreign countries may
also be elected as members, but they shall not exceed 15 percent of total
membership.
3. Serious doubts have been raised in Hong Kong about the
practicability of these proposals. The British Government hope the following
comments will be helpful to the Chinese Government in coming to a final view on
these proposals:
(a)
Although nationality restrictions do exist in some legislatures, no such
restrictions have been placed on membership of the Hong Kong Legislative
Council, the Municipal Councils or the District Boards. The introduction of
such restrictions on membership of the legislature after 1997 would therefore
run counter to well-established practice in Hong Kong.
(b) Such restrictions would limit the range of talents
from which membership of the legislature can be drawn.
(c) They could also create a serious problem for the full
continuity of membership of the legislature between 1995 and 1997.
(d) It is also not clear how the proposed 15 percent rule
would be implemented. The electoral law of the SAR would need to prescribe the
procedures in detail. The British Government believes that such legal
stipulations would inevitable be complicated and inflexible. For example, if
the number of successful candidates who were foreign nationals or had a right
of abode in foreign countries exceeded the proposed ceiling, it would be
difficult to decide which of the candidates should be asked to step down in
order to meet the 15 percent rule and how the vacancies thus created should be
filled.
4. The
British Government would be grateful for clarification as to whether permanent
residents who are not ethnic Chinese but who have a right of abode only in Hong
Kong are also included in the 15 percent. We hope that this is not the
intention since, for the purposes of the principle of "Hong Kong people
administering Hong Kong" such persons could be considered only as Hong
Kong people.
(II)
Views about Voting Procedures for the SAR Legislature
1.
During their meeting in Peking on 11 January 1990 with the Governor of Hong
Kong, Mr. LI Hou and Mr. Lu Ping explained the Chinese Government's views about
voting procedures for the SAR legislature.
2. According to press reports, at its meeting in January
this year, the BLDC Special Group on the Political System agreed to add to the
draft Basic Law a new provision on separate vote counting as follows:
"Unless otherwise specified by this Law, all bills
and motions introduced to the Legislative Council of the HKSAR shall be passed
by a simple majority of members elected by functional constituencies and by a
simple majority of members returned by direct election and the Election
Committee attending the meeting. If a bill proposed by the Government is not
passed by a simple majority of either of the above two categories of members
attending the meeting, the Government shall amend the bill and re-submit it to
the Legislative Council for voting: such bills shall be passed by a simple
majority of all the members attending the meeting. "
3. These press reports have attracted a great deal of
public criticism in Hong Kong. This has focused on the divisiveness and
inefficiency of the proposed voting system. There has been widespread concern
that the proposal was agreed by the Special Group on the Political System
despite strong local objections.
4. The British Government would like to make a number of
comments on this proposal:
(a)
Separate vote counting would slow up the passage of legislation and hamper the
efficient conduct of business;
(b) Under the proposed provision, a Government bill that
fails to secure a majority of both categories of members could, after
amendment, be resubmitted for approval by a simple majority. It is doubtful
whether anything would be achieved by the initial separate vote counting;
(c) If the final version of the Basic Law adopts this
provision, there will be criticism in Hong Kong that the drafters have
disregarded local opinions. This would have an adverse affect on public
attitudes to the Basic Law as a whole;
(d) The British Government would not be able to introduce
in 1995 voting procedures to which there were such strong local objections.
(e) The British Government suggests that the Chinese
Government should retain the second paragraph of Article 74 of the draft Basic
Law published by the Standing Committee of the National People's Congress on 21
February 1989.
(III) Grand
Electoral College/Election Committee
1.
During their meeting in Peking on 11 January 1990 with the Governor of Hong
Kong, Mr. LI Hou and Mr. LU Ping outlined the Chinese Government's thinking on
the drafting of those sections of the Basic Law which deal with the political
structure of the future Hong Kong Special Administrative Region. They said that
the BLDC Special Group on the Political System had adopted the proposal that a
proportion of the SAR legislature should be elected by a Grand Electoral
College (GEC) or Election Committee. They said such a method would enable some
people of high standing in Hong Kong, who would not wish to stand in direct
elections, to play their part in the legislature through election by such a
body. They also suggested that some members of the Legislative Council could be
elected by this method in 1995 following consultations between the two sides on
the formation and election procedures of the Election Committee. The British
Government are grateful for this explanation of Chinese thinking.
2. The British Government's view is that one of the best
ways of ensuring a smooth transfer of government in 1997 would be to provide
that all members elected to the Legislative Council in 1995 should be able to
continue in office until 1999. To this end we would be willing in principle to
cooperate with the Chinese Government and introduce the Election Committee
method of election to the legislature in 1995, providing that our two
Governments can reach an understanding on satisfactory arrangements for such
elections.
3. The main aspects on which we believe agreement would
be necessary are:
(a) the
size and composition of the Election Committee, the delineation of each
category of membership and the selection of individual members from each
category; and
(b) procedures for the nomination and election of
candidates to the legislature.
4. The
British Government would welcome the Chinese Government's detailed views on
these points. For our part, we believe that the following principles could best
form the framework for creating a Election Committee system for the
legislature:
(a)
since the objective of the Election Committee is to return a proportion of the
members of the legislature, it should not itself be an institution of
government; it should cease to function once its main task of returning the
members of the legislature has been accomplished. A fresh electoral roll would
be compiled for each new election;
(b) the composition of the Election Committee should be
designed, as far as possible, to avoid direct duplication with the membership
of other constituencies returning members of the legislature;
(c) the Election Committee should be as representative as
possible;
(d) the procedure for the nomination by the Election Committee
of candidates to the legislature should be simple, open and prescribed in the
electoral law; and
(e) voting should be by secret ballot.
5.
Having regard to the composition of other election committees provided for in
the present draft of the Basic Law, the British Government would like to
suggest the following basis for further detailed discussion of the composition
of the Election Committee:
(a)
Industrial, commercial and financial sectors; the professions; labour, social
services and religious sectors: 25%
(b) Senior political figures; including former Executive
Councillors, former Legislative Councillors: 25%
(c) Members of Municipal Councils and the District
Boards: 25%
(d) Representatives of Statutory and Advisory Boards and
Committees as listed in the Hong Kong Civil and Miscellaneous List (only those
members who are not also civil servants): 25%
By being broadly representative and including members of
the community of experience and high standing, such a body could enable the
legislature to continue to benefit from the talents and experience of members
representing a wide range of interests.
6.Since
there is no precedent for the Election Committee system of election to the
legislature in Hong Kong's present system of government, it will be important
that the role, composition and working procedures of the Election Committee are
established in advance, made clear in the Basic Law and, in due course,
stipulated in detail in the electoral laws of Hong Kong Special Administrative
Region. It would also do much to promote acceptance of the new system if the
Chinese Government could reassure Hong Kong people about the principles of the
proposed system (perhaps at the time of the plenary meeting of the BLDC or when
the Basic Law is promulgated).
Message from Mr. Chen Ziying
(Hong Kong & Macau Affairs Office, State Council)
to British Ambassador in Peking
(8 February 1990)
I have reported to
Foreign Minister Qian the message Mr Ambassador had conveyed to the Chinese
side on behalf of the British side on 6 February and I have also passed on the
three documents enclosed therewith to our experts on the Basic Law. I am hereby
instructed to give the following reply:
1. With regard to the
proportion of the directly elected members, the Chinese side has long made it
clear that if the British side would undertake to have no more than 18 members
directly elected to the 1991 Hong Kong Legislative Council on a geographical
constituency basis, the Chinese side would consider to increase the number of
the directly elected members in the first Legislative Council of the SAR to 20.
The Chinese side would like to see this point confirmed in written form by the
British side prior to the ninth plenary session of the Drafting Committee of
the Basic Law. Otherwise, the Chinese side would consider as the final decision
the 18 directly elected seats proposal adopted by the Special Group on the
Political Structure of the Basic Law Drafting Committee.
2. With regard to the
electoral committee, the Chinese side agrees with the five principles
concerning the committee proposed by the British side in the document. However,
the Chinese side maintains that the provisions on the composition and ratio of
the electoral committee as specified in Paragraph 2 of Annex I of the Basic Law
(Draft) must be followed in terms of its proportional composition. This is
because Annex I was approved by a two-thirds majority of the membership of the
Drafting Committee at its eighth plenary session. China believes that its
provisions on composition and ratio are appropriate and should therefore not be
subject to change.
3. With regard to
separate vote counting, the Chinese side believes that this voting method will
help the legislative council to perform its check-and-balance function so that
the general interests of the various social strata in Hong Kong could be
protected, thereby contributing to Hong Kong's stability and prosperity. The
detailed procedures for separate vote counting will be deliberated and decided
upon at the forthcoming ninth plenary session of the Drafting Committee. The
Chinese side has no intention to insist on separate vote counting if the
British side is not going to introduce it in Hong Kong's Legislative Council in
1995. The introduction of this voting method by the time of the first session
of the Legislative Council of the SAR in 1997 will not affect the convergence
of the political systems.
4. With regard to the
limit to the number of seats in the Legislative Council of the SAR for those
permanent Hong Kong residents who are not Chinese nationals or who have a right
of abode in foreign countries, China's position is already very clear. The
Basic Law must include a stipulation to limit the number of seats which could
be held by the following two categories of people in the Legislative Council in
the SAR:
- Foreigners,
or permanent residents of the Hong Kong Special Administrative Region who
are not Chinese nationals;
- Chinese
citizens who are permanent residents of the Hong Kong Special
Administrative region and have a right of abode in foreign countries.
The measure to include the second category of
people is adopted solely because the British side has unilaterally announced to
grant full British citizenship to 50,000 families. The British statement that
no nationality restrictions have been placed on membership of the Hong Kong
Legislative Council is not consistent with the historical facts of Hong Kong.
The ninth plenary session of the BLDC will make the decision on the extent of
the said limit.
Message from Secretary of State for Foreign and
Commonwealth Affairs to the Chinese Foreign Minister
(12 February 1990)
I have now had time to
consider fully your message of 3 February and the points made by Mr. Chen
Ziying to Sir Alan Donald on your instructions on 8 February.
As you know, I attach
great importance to achieving an understanding between our two Governments on
Hong Kong's future political structure and to re-establishing the atmosphere of
mutual trust in which our two Governments have worked together in the past to
promote Hong Kong's stability and prosperity. I recognise that the Chinese
Government have approached this matter in the same spirit and have made serious
efforts to identify a mutually satisfactory way forward.
Against this background,
I am now prepared to confirm an understanding with the Chinese Government on
the following lines. If the final version of the Basic Law provides for 20 directly
elected seats in the SAR legislature 1997, 24 in 1999 and 30 in 2003, the
British Government will be prepared to limit to 18 the number of directly
elected seats to be introduced in 1991.
You will, however, be aware
from my previous messages that this rate of progress in introducing directly
elected seats would not be as rapid as many people in Hong Kong or we ourselves
would have liked. I therefore very much hope that as you observe the 1991
legislature in operation you will come to share our view that a faster pace
would be both manageable and desirable, and that, by agreement with you, an
appropriate increase might be made in 1995 to create a steeper slope which
could continue after 1997. On this basis, I propose at this stage to confine
myself to saying, as far as 1995 is concerned, that there will be no fewer than
20 seats in the legislature. But you may be sure that the British Government
will continue to recognise the advantage of continuity between arrangements
before and after 1997.
There is one other issue
referred to in my previous messages which continues to cause me great concern.
That is the provision for separate vote counting which you have in mind. This
provision has been badly received in Hong Kong, where it is seen as highly
divisive and administratively inefficient by most people. I have to say that if
such a provision is retained, it would be extremely difficult to commend, as we
would wish, the arrangements in the Basic Law concerning the political
structure. I therefore strongly urge you not to include arrangements for
separate vote counting in the Basic Law. This is a very important point for
opinion in Hong Kong.
I agree in principle
with the arrangements which you propose for an Electoral Committee, which could
be established in 1995. The precise details of how this should be done can be
discussed between our two sides in due course. Meanwhile, I hope that the five
principles which you have agreed can be reflected in the Basic Law.
I continue to feel that
the limit you propose on the number of seats in the Legislative Council of the
SAR for those permanent Hong Kong residents who are not Chinese nationals, or
who have a right of abode in foreign countries, could create difficulties for
the continuity of all members of the Legislature between 1995 and 1997 which is
an important provision in the present draft of the Basic Law. If you continue
to feel that some limit is essential, I hope that you will consider raising
that limit so as to reduce this risk.