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3
(4)
5.
This interpretation is supported by another account of the pre-adoption discussions on article 25(b):
6.
"The various requirements of the article that elections must be 'genuine', 'periodic', 'by
universal and equal suffrage' and 'by secret
ballot' did not give rise to much discussion,
except for the words 'universal and equal
suffrage'. The opinion was expressed that the
word 'universal' was redundant in the light of
the introductory clause, 'Every citizen shall
have the right'; so was the word 'equal', in
view of the reference to the non-discrimination
clause of article 2. The majority, however, considered that the principle of 'universal and
equal' suffrage was a most fundamental one, and
decided to include it in the article. This
provision, it was thought, would leave States
parties to the Covenant free to regulate their
electoral systems, provided each vote carried
equal weight." (Guide to the "Travaux
Preparatoires" of the International Covenant on
Civil and Political Rights, Marc Bossuyt, 1987,
at pp.474-475.)
Article 25(b) is necessarily imprecise because
of the widely differing political systems it was designed
to accommodate. It is not a guarantee framed against a
particular political and cultural background, as for
example are constitutional guarantees in Canada, Australia
and the United States of America. The courts in those
jurisdictions have readily implied notions such as representative and responsible government in the
interpretation of their constitutions. That is not so easy
to do in the Hong Kong context.
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