Seven Letters on the question of HK
•Type: ARTICLE
Letter 1 Letter 2 Letter 3 Letter 4 Letter 5 Letter 6 Letter 7 Letter 1
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.
Letter 2
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.
Letter 3
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.
Letter 4
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.
Letter 5
Paper Handed Over to the Chinese Government
(6 February 1990)
(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).
Letter 6
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.
Letter 7
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.