TNAG-2328-FCO40-3372-Hong-Kong-Bill-of-Rights-functional-constituencies-1991 — Page 10

CONFIDENTIAL

FM HONG KONG

HKC241/8

DC JUL 1991

TO IMMEDIATE FCO

TELNO 2092

OF 020318Z JULY 91

CONFIDENTIAL

Ям

Mr Walwyn UND

TOP COPY

DIST?

Bil of Rights: Possible in consistencies

"

will HK laws.

INFO PRIORITY UKREP JLG HONG KONG, PEKING, HKGO LONDON

026141

MDHIAN 3556

new Cile

HXC 241/1

72

ENCIES

BILL OF RIGHTS AND FUNCTIONAL CONSTITUTIONS.

1. CRITICISMS HAVE BEEN MADE RECENTLY ABOUT THE COMPATIBILITY OF THE CONCEPT OF AN ARRANGEMENTS FOR ELECTIONS BASED ON FUNCTIONAL CONSTITUENCIES WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) AND THE BILL OF RIGHTS (BOR).

2. DURING THEIR VISIT TO HONG KONG, THE INTERNATIONAL COMMISSION OF JURISTS HAVE MADE THE OBSERVATION THAT THE FUNCTIONAL CONSTITUENCIES ARE NOT BASED ON UNIVERSAL AND EQUAL SUFFRAGE BECAUSE OF THE NARROW AND RESTRICTED FRANCHISE. THE SUFFRAGE IS SAID TO BE UNEQUAL NOT ONLY IN ITS RESTRICTIVE CONTEXT BUT BECAUSE THOSE WHO ARE ELIGIBLE CAN HAVE TWO VOTES, ONE IN A GEOGRAPHICAL CONSTITUENCY AND THE OTHER IN A FUNCTIONAL CONSTITUENCY. THIS POINT IS ATTRACTING PUBLIC ATTENTION IN HONG KONG. A MEMBER OF THE LOCAL BRANCH OF JUSTICE, MISS GLADY LI, A BARRISTER, WAS QUOTED IN THE PRESS THAT SHE HOPED LOCAL POLITICAL PARTIES WOULD CHALLENGE THIS FEATURE OF THE ELECTORAL SYSTEM BEFORE THE SEPTEMBER ROLLS.

3. THE SUBJECT OF FUNCTIONAL CONSTITUENCIES ALSO AROSE DURING

QUESTIONING OF THE UK DELEGATION WHEN REPORTING TO THE UN HUMAN

RIGHTS COMMITTEE IN APRIL THIS YEAR. IN THE DRAFT RECORD WE HAVE WENNEGREN QUESTIONED THE BASIC FAIRNESS OF FUNCTIONAL CONSTITUENCIES IN THE CONTEXT OF THE UDH, ICCPR AND UN CHARTER (PARAGRAPH 4 OF CCPR/C/SR.1046) AND WAKO MADE THE POINT THAT MANY OTHER DEPENDENT TERRITORIES HAD, BEFORE INDEPENDENCE, HELD ELECTIONS ON THE BASIS OF UNIVERSAL SUFFRAGE (PARAGRAPH 15 OF CCPR/C/SR.1046). AGUILLAR ALSO DEALT WITH THE SUBJECT FROM THE

DISCRIMINATION ANGLE SUGGESTING POSSIBLE INCOMPATIBILITIES WITH

ARTICLE 26 AND ARTICLE 25(B) WHEN TAKEN TOGETHER WITH ARTICLE 2 (PARAGRAPH 59 CCPR/C/SR.1046).

4. A RELATED ISSUE IS THE RACIAL CRITERION USED IN VOTER QUALIFICATION. THE STATUS OF PERMANENT RESIDENCY IS USED TO DETERMINE ELIGIBILITY TO VOTE AND, UNDER THE IMMIGRATION

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CONFIDENTIAL