SECRET
FM HONG KONG
TO DESKBY 230945Z FCO
TELNO 2949
OF 230923Z DECEMBER 92
SECRET
MW3 017/2
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
Constit. Dept
736
007076
MDHIAN 3551
TOP COPY
G DIST?
CONSTITUTIONAL DEVELOPMENT: ONE MAN ONE VOTE AND DISTRICT BOARDS/MUNICIPAL COUNCILS
1. THE CHINA POLICY COMMITTEE CONSIDERED THE QUESTIONS OF ONE MAN ONE VOTE AND OF APPOINTED MEMBERS ON DBS AND MUNICIPAL COUNCILS ON 23 DECEMBER.
2. WE ARE CONSIDERING THE QUESTION OF WHETHER A VOTER SHOULD BE ALLOWED TO VOTE ONLY IN EITHER A GEOGRAPHICAL CONSTITUENCY OR FUNCTIONAL CONSTITUENCY. LEGAL ADVISE ON THE COMPATIBILITY OF 'ONE MANX ONE VOTE AND THE BILL OF RIGHTS IS NOT UNANIMOUS. THE ATTORNEY GENERAL CONSIDERS THE PRESENT SYSTEM TO BE MORE DEFENSIBLE THAN A CHANGE. MY INTERNATIONAL LAW ADVISER BELIEVES THAT A CHANGE TO ONE MAN ONE VOTE WOULD BE COMPATIBLE WITH THE BILL OF RIGHTS. I HAVE ASKED THE AG TO DISCUSS THE MATTER WITH ANDREW LI AND DENIS CHANG, SHOWING THEM THE PAPERS, BEFORE WE TAKE THE ISSUE AGAIN IN EXCO.
3. POLITICALLY, ONE MAN ONE VOTE MAKES A GOOD DEAL MORE SENSE IF THE FUNCTIONAL CONSTITUENCIES ARE OF THE MORE TRADITIONAL SORT THAN IF THEY ARE OF THE WIDER SORT WHICH I HAVE PROPOSED. TO ADOPT THE CONCEPT OF ONE MAN ONE VOTE IN THE PROPOSALS WE PUT FORWARD COULD GIVE THE IMPRESSION THAT WE ARE SIGNALLING AN INTENTION TO ABANDON MY FUNCTIONAL CONSTITUENCY PROPOSALS. I AM THEREFORE INCLINED TO CONSIDER THAT IT WOULD BE BETTER TO LET LEGCO ITSELF PURSUE THE ONE MAN ONE VOTE IDEA IF IT SO MINDED, RATHER THAN PROMOTE THIS AS A GOVERNMENT PROPOSAL.
4. IN ORDER TO MOLLIFY THE DBS AND MUNICIPAL COUNCILS ON THE QUESTION APPOINTED MEMBERS I HAVE ASKED FOR CONSIDERATION TO BE GIVEN TO THE POSSIBILITY OF ELECTED DBS EACH NOMINATING TO THE SECRETARY OF HOME AFFAIRS UP TO 4 LOCAL WORTHIES WHO HAVE GOOD AND LONG COMMUNITY SERVICE RECORDS OR CONTRIBUTE FUNDS FOR DISTRICT WELFARE, FOR APPOINTMENT BY ME AS NON-VOTING ADVISERS TO DBS. THESE ADVISERS COULD BE MADE EX-OFFICIO JPS (JPS IN HONG KONG ARE DISTINGUISHED PEOPLE BUT HAVE NO JUDICIAL FUNCTIONS).
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