TNAG-2328-FCO40-3372-Hong-Kong-Bill-of-Rights-functional-constituencies-1991 — Page 5

1

Z

Reference

allow part of Legco to be elected, these be by universal and equal

elections must

suffrage.

in view of the reservation

no

2. In our

defence we

would

augue

that since

we

have

obligation

to

introduce

any

elections

; therefore the

introduction of an indirectly elected element already goer fother than

we are

required to do. Since

its purpose is to facilitate transition to full miveral

人

alms of this

Suffrage it is consistent with the

ICCPR. It would

be absurd if the ICCPR were to be used to argue

for retention of the appointment system until Mk

is ready to

move

to a

fully directly elected

Comcil

3.

I

CODE 18-77

As regards the discrimination arguments, can see force in both points made by

Aguillar

status

(1

Article 26

>

giver that the wards

appear

"

or

other

in both Article 2 and

ICCPR and

can be interpreted

broadly. Our defence in relation to the Article 2 argument would be that it applies only in relation to the rights recognised in the Covenant; since

direct elections

there is

no

right to

in Mk, there can be no