Election Committee in the case of other sectors would be based on the organisations identified in the chosen sectors. The fourth sector would clearly be more difficult. Representatives from District Boards would be eligible. The inclusion of the three other categories listed with them in Annex I involves a policy decision. Obviously if HMG and the Hong Kong Government were able to stomach the inclusion of members of Legco and non-elected Hong Kong deputies to the National People's Congress and representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference, or at least one category of those categories, this would make the Election Committee closer to that envisaged for the second term. (Possibly members drawn from these categories could even be elected by District Board members who are themselves elected). Incidentally, in this sector there is a departure from the emphasis on organisations and corporate bodies; in line with the Basic Law, the persons in this sector would be eligible in their individual capacities to be chosen as members of the Election Committee.
9. On the subject of the nine new functional constituencies, there may be other approaches to the problem of how to replace the retiring nine Appointed Members of Legco. Instead of nine new functional constituencies, it may be possible to broaden the existing constituencies to include new groups or, alternatively, to increase the number of seats returned by each of the existing constituencies.
10. There will be a separate minute, as you know, on the subject of one man, one vote. I have a few thoughts on this subject in relation to the Basic Law. Annexes 1 and 2 do not address the question as to whether persons should be entitled to hold only one vote or several. If members of Legco are to be returned by functional constituencies, by the Election Committee, and by geographical constituencies, it would seem inevitable that some persons may be voting in more than one capacity. The structure envisaged for the composition of Legco would be difficult to operate unless some people did have more than one vote. It may be possible to implement the one person and one vote principle but it seems likely that in practice this principle would considerably complicate the way in which members are to be returned to Legco.
11.
The proposal I have put forward in paragraphs 3 to 5 and paragraph 8 may not work in practice but I hope it may throw up one or two points which will be useful.
Sheloph
Brooks
4
Shelagh Brooks