PART 'A'
W
HONG KONG CONSTITUTION
Outstanding Points Arising Out of Governor's
Despatch No.145 of 22nd October.
Points on which Governor has been consulted.
9
Points as raised with
1. (a)
Governor
While accepting the equal division of the 30 seats on the Council between Chinese and non-Chinese for the present I con- sider that it should be understood that when the present apathy and appre- hension have been over- come and the electorate has shown itself sensible of its responsibilities, the possibility of alter- ing the balance of seats to reflect Chinese pre- dominance in the commun- ity will be reviewed.
2.16+
Governor's reply
I agree that possibility of alteration should not be excluded, but consider it most important to avoid at present juncture any actual reference to intention of increasing the proportion of Chinese at the expense of non Chinese seats. Any such assurance would promote, on the one side discon- tent with initial distri- bution and on the other apprehension for the future, and would tend to divert attention from the immediate administrative tasks of the Municipal Council.
The requirement of long -term residence for
American and non British Europeans might deprive the Council of valuable members. The Chinese know the practice of moving members of foreign businesses throughout the Far East and would be unlikely to regard short term residence as racial discrimination.
The differentiation between non-British Chinese on the one hand and non-British Euro- pean and American comm- unities on the other in the matter of residenti- al qualification for membership or franchise cannot I feel be justifi- ed and would almost, certainly be attacked by the Chinese on grounds of racial discrimination. While a distinction bet- ween British and non- British is of course fully defensible, I consider that all non-British sub- jects must be treated similarly in this matter of qualification. feel that by extending the period of residence requ- ired of Americans and non- British Europeans the Council might be deprived of valuable members, solution might be to add to the number of nominated members at the expense of the non-Chinese elected members.
If you
Remarks
? accept the Governor's view and make no ref- erence to the under- standing in the open reply to the despatch.
As Miss Ruston says in her minute, we must con- sult the Foreign Office. Subject to that, I would accept Governor's rejection of our solution but say that the Sec- retary of State has dec- ided that the proposed differentiation cannot be retained as, apart from the attitude of the local Chinese, he feels that it would be criti- cised as being inconsis- tent with all modern con- ceptions of equality of treatment and opportunity, and that criticism of this nature could not adequately be met by an explanation on the basis of Americans and non-Europeans being birds of passage.
If you decide that the differentiation cannot be justified, it will be necessary to extend period of residence of American and non British Europeans to equal the residential qualification proposed for the Chinese. Solution you propose would not be satisfactory, since to allow nominationsFor obvious reasons it for persons not qualified will be undesirable to for election would be
deal with this point in equally subject to attack correspondence which is to on the grounds of racial be published. It might discrimination if confinedbe dealt with, in advance to Americans etc., and of the open reply, being would be fatal to the wholeat with the suggestion
(to the Governor) that the best way of dealing with the point, for
scheme if extended to the Chinese.
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P.T.O