· 4.6.4 ·
Even if the existing two member constituencies are retained, STV would be preferable to 'X' voting, particularly if, with an eye to the future, there is a wish to demonstrate the broadest possible involvement of voters in the democratic process, rather than risk ovressing party begemony. Preferential voting is not unknown... Hong Kong - a simplified form is used in the Functional Constituencies.
4.6.5
The variation in numbers of electors for equal numbers of seats in the proposed constituencies is, in our view, excessive. At the extremes there are differences from the mean of minus 38 per cent
and
plus 27 per cent. Even allowing for exceptional local circumstances it must be possible to achieve a more equitable delimitation. If not, some directly elected members will be representing almost twice as many electors as others. It is also likely that some losing candidates will poll substantially more votes than other successful candidates - facts which would no doubt be commented on by those anxious to diminish the importance of the first direct election.
4.7
We have tried in our report to consider the long term democratic future of Hong Kong. This recessitates looking beyond the immediate elections of 1991, and even beyond the LegCo elections of 1995. The key passage in The Basic Law referring to this is in Article 8: The ultimate aim is the election of all the members of the Legislative Council by universal suffrage. Annexes I and II determine the processes by which this shall be achieved but no precise method, nor long term timetable, are prescribed. Nor is any particular electoral system prescribed. There is therefore considerable opportunity to determine these crucial matters to the optimum benefit of Hong Kong.
4.8
We were very impressed with those we met who are committed to participating in the democratic processes. The willingness of those from different parties to meet together and to discuss the political situation openly showed a commendable commitment to pluralism that is far from being the norm elsewhere. Electoral competition between candidates and between political philosophies is a key mark of democracy but in Hong Kong the context within which that competition takes place is even more significant than usual. It was put to us forcefully that the nature and style of Hong Kong democracy - its "character" - will have a greater influence on the pace of progress towards the "ultimate aim" than even the results of the first elections.
4.9
It is for this reason that thorough consideration of the electoral system is important. A system which encourages positive voting on the part of the electorate and intellectual rigour on the part of political parties may well give better "signals" as to the development of bealthy and unthreatening - politics than a system which encourages adversarial styles and the use of tactical or negative voting. We comment further on this in paragraphs 10.5 to 10.9 below.
5.
5.1
Functional Representation
The present Legislative Council contains fourteen members elected from nine functional constituencies: two each from commercial; industrial; finance and accountancy; labour, and medical and health care, and one each from social services; teaching; legal;
and engineering and associated professions. In September 1991 there will be seven new functional constituencies: tourism, financial services, construction and real estate, engineering, and another finance seat to represent restricted licence banks and deposit-taking companies. There will also be one functional seat each for the Urban Council and the Regional Council. The Basic Law provides that this representation shall be increased to thirty in each of the first three terms of the new Legislative Council. This will be 50 per cent of the total membership.
5.2
Indirect representation of this nature is rare, though not unknown, within our experience. The elections for the Slovenia Republic of Yugoslavia in April 1990, for instance, included functional representation, voted for at workplaces, for a separate third chamber of parliament. We expressed our concern then at the difficulty of ensuring fair elections under such a system. In Britain there is one example of a statutory body with similar indirect representation in that the membership of the Community Health Councils is elected by voluntary organisations which have one vote each. There is virtually no bar to the number of such organisations which can register to take part in the ballot and there have been a number of problems with alleged manipulation.
5.3
We received few firm expressions of support for functional representation in principle, nor is there evidence of broad interest in the elections in functional constituencies, up to half of which have been uncontested in the past.
5.4
Comments on functional representation included that:
in those elected by groups within the category there was potential for manipulation;
it had been useful initially in bringing different classes into legislature but should now be phased out;
whilst it exists it should be opened up, with multi-member elections on Japanese system (the single non-transferable vote);
it was too easy to manipulate, particularly as rules re: method of election delegated to the organisations;
there is evidence of rush of new organisations joining in 1985 in order to vote;
it is useful as an interim measure leading to full democracy;
it is justifiable whilst LegCo remains advisory;
■ it provided democratic leadership whilst there was no grassroots pressure for democracy.
Another comment was that, after the September 1991 LegCo elections functional representatives will be "in the middle”, ie a halfway house between appointed members and those directly elected. One influential business leader put it more bluntly in arguing that the existing election system had served Hong Kong well: "direct elections, even of a small number, to the legislative council would tend ‘to denigrate the role and the remarkable work of past and present councillors who were appointed or indirectly elected, and in the public mind will be relegated in future to second or third rank behind their directly elected colleagues" [Helmut Sohmen, quoted in City on the Rocks, Kevin Rafferty, Penguin Books, 1991, pp469/470]. We agree with the criticisms of functional representation and believe that the "ultimate aim” of “the election of all the members of the Legislative Council by universal suffrage”
--- Van Dammet d