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HONG KONG CONSTITUTION

NOTE BY THE SECRETARY OF STATE.

[copy of minute on 1949 file]

I assume that in spite of the Emergency in Hong Kong it is advisable at this stage of affairs to go ahead with constitutional adjustments. Last August the Governor emphasised the urgency of the matter, after a period of indifference in Hong Kong (following the Mark Young plan).

I assume too, that the matter should not be deferred for the consideration of the special Office Committee although I hope that the Despatch of the Governor in August, which is extremely instructive, will come to their notice as illustrating the problem of meeting both central and municipal interests in small territories.

Discussion has taken a long time and meantime there has been Parliamentary interest. Our new position does not square with our earlier public announcements and consequently will bring us no credit. In the light of events and the factors brought out in the discussion I accept the Governor's view that the Legislative Council should be reformed before a Municipal Council is set up and that the latter should be developed from the existing Urban Council.

This change of front leaves local government in Hong Kong still unsatisfactory and I agree that it would be wise when the Legislative Council has been reformed to consider the question of a Commission to study how the Urban Council should be developed, local government organised and its franchise extended.

As to the Legislative Council, its relation to the Executive Council remains the same as now and the composition of the Executive Council is untouched. I am not sure whether before long both matters should not be looked at again. We may have difficulty in containing wine in some of the old bottles.

I agree that the franchise should be limited to British subjects as qualified by the requirements set out in the Governor's despatch. That includes women as well.

Communal

The Chart at No. 62 is useful. I do not like "command" blocs and and nominated members, but at this stage in the circumstances of Hong Kong, I think we cannot help but accept the Governor's recommendations • I would make a point in respect of each of these matters. As to "blocs" I am mystified at the arithmetic. The Hong Kong population is 1,814,000 of whom 14,000 are non-Chinese. The Chinese will be given 6 seats and the non- Chinese 5. It is also disproportionate when the mmber of British subjects is taken instead of population. There are 16,000 British subjects of whom 12,000 are non-Chinese (6,500 U.K. and Dominions, 3,000 Portuguese, 2,500 Indian) and presumably 4,000 are Chiness. The total seats are the 5 for non- Chinese and 6 for Chinese, but representation on the basis of election is 2 for non-Chinese and 4. for Chinese.

What the 'rationale' under these figures is I can't see unless it is that the problem is not only one of counting heads of British. subjects but also of reconciling to this principle is and other interests in Hong Kong. If we agree that only British subjects should be voted then we get the curious result that 4,000 Chinese should have 4 elected seats and 12,000 non-Chinese only 2.............may be because the Chinese British subjects are less likely to be birds of passage and have a more permanent interest in long Kong. If regard is had to the fact that the population is overwhelmingly Chinese some Justification is given to the greater number of elected seats going to the Chinese: but the population is 1,814,000 Chinese to 14,000 non-Chinese, yet the total seats (nominated and elected) are allocated 6 Chinese and 5 non-Chinese. Frankly I cannot discern any principle on which the figures in the Governor's recommendations are based.