XN000022-1993-10-07 — Page 26

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THURSDAY, OCTOBER 7, 1993

THEN

OF COURSE, IF CHINESE OFFICIALS SAID TOMORROW, "WE WILL AGREE WITH YOU ABOUT THE DISTRICT BOARDS AND MUNICIPAL WILL AGREE WITH YOU ABOUT THE VOTING-AGE; WE WILL AGREE WITH YOU ABOUT COUNCILS; WE SINGLE-SEAT, SINGLE-VOTE FOR GEOGRAPHICAL ELECTIONS", SO THAT WE CAN

JUST CONCENTRATE ON THE OTHER MATTERS AFFECTING ELECTIONS WHICH

THE LECCO HAVE CONCERNED US IN THE PAST AND HAVE MANY WORDS FROM THE NEW CHINA NEWS AGENCY.

PRODUCED SO IF THEY WERE TO SAY THAT, THEN WE WOULD ALL BE VERY GRATEFUL AND WE COULD GO AHEAD OTHER MATTERS.

WITH THESE

GOVERNOR:

NOW, WHAT ABOUT THOSE OTHER ISSUES YOU'VE MENTIONED? WELL, FREEDOM OF SPEECH IS GUARANTEED IN THE JOINT DECLARATION SIGNED BETWEEN BRITAIN AND CHINA. HONG KONG HAS WRITTEN INTO ITS BASIC THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

LAW

GUARANTEES THE SORT OF FREEDOMS SET OUT IN THE BILL OF RIGHTS. AND THE AGAIN, THAT

JOINT DECLARATION MAKES IT PERFECTLY CLEAR THAT THE COUNCIL

LEGISLATIVE HERE IN HONG KONG SHOULD BE COMPOSED OF PEOPLE ELECTED. DOESN'T SAY IT SHOULD BE COMPOSED OF PEOPLE FAIRLY ELECTED BUT THEN DON'T IMAGINE ANYBODY SUPPOSES THAT ELECTIONS SHOULD BE UNFAIR. HAVE TO ACT BEFORE 1997 WHILE I HAVE RESPONSIBILITY TO THOSE PRINCIPLES AND I THINK IF I DEFEND ALL THOSE PRINCIPLES 1997 THEY ARE MUCH MORE LIKELY TO SURVIVE AFTER 1997.

QUESTION:

DISAPPOINTED

IT

I

I

DEFEND

ALL BEFORE

OF

+

IN

AND THE

MR PATTEN IN YOUR POLICY SPEECH WE ARE VERY ON THE SECTION ON POLITICS BECAUSE YOU DID NOTHING ΤΟ RECTIFY THE FUNCTIONAL CONSTITUENCY ELECTION WHICH WE THINK VIOLATED HUMAN RIGHTS.

HAVE I REPRESENT AN ORGANISATION "UNITED ANTS" WE HAVE WRITTEN YOU EARLIER ON TO POINT OUT THIS FACT BUT YOU REPLIED, YOUR REPLY YOU JUST TOLD US THAT YOU HAVE CONSULTED LEGAL ADVICE THAT THE FUNCTIONAL CONSTITUENCY ELECTION IS NOT A VIOLATION HUMAN RIGHTS, BUT YOU DID NOT DISCLOSE THE SOURCE OF YOUR LEGAL ADVICE. THEREFORE THERE IS NO WAY WE CAN CARRY ON WITH OUR DISCUSSION. AND THERE IS HUMAN RIGHTS ORDINANCE IN HONG KONG, BUT WE HAVE THIS KIND OF FUNCTIONAL CONSTITUENCY ELECTION WHICH IS VIOLATION

A OF HUMAN RIGHTS. FURTHERMORE, WE DO NOT HAVE ANY JUDICIAL REVIEW, NO RECOURSE TO JUDICIAL REVIEW. CAN US A SHORT ANSWER? WHO GAVE YOU THIS LEGAL ADVICE, SO SOURCE OF YOUR LEGAL ADVICE CAN DISCUSS WITH PEOPLE OF CIRCLE, SO THAT WE CAN HAVE A FAIR REPLY ON THIS ISSUE?

GOVERNOR:

YOU

GIVE

THAT THE THE LEGAL

то IN

WE'VE HAD LEGAL ADVICE BOTH FROM GOVERNMENT LAWYERS AND FROM DISTINGUISHED LAWYERS OUTSIDE GOVERNMENT. FOR EXAMPLE, SOME WHO WERE MEMBERS OF OUR EXECUTIVE COUNCIL. BUT I WANT TO COME NOT JUST THE LEGAL POINTS WHICH I AM QUITE HAPPY TO WRITE TO YOU ABOUT GREATER DETAIL. I WANT TO COME TO THE CENTRAL POINT OF YOUR QUESTION, WE ARE, AS YOU KNOW, COMMITTED UNDER THE JOINT DECLARATION AND THE BASIC LAW TO A MIXED SYSTEM FOR CHOOSING OUR LEGISLATIVE COUNCIL. AT THE NEXT LEGISLATIVE COUNCIL ELECTIONS HALF THE LEGISLATIVE COUNCIL WILL BE CHOSEN BY FUNCTIONAL CONSTITUENCIES, TEN WILL BE CHOSEN BY THE ELECTION COMMITTEE AND THE REST IN GEOGRAPHICAL CONSTITUENCIES LIKE THE ONE THAT EMILY REPRESENTS HERE.

/UNDER THE