TNAG-2446-FCO40-3562-Political-parties-in-Hong-Kong-1992 — Page 59

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POINTS WILL BE DISCUSSED IN THE MEETING WITH THE HON.GOVERNOR

[Part One]: Criticisms on Functional Constituency

(ADP)

par Sections Porit

разки

the

see

1. We consider that there is a clear contradiction between

Functional Constituency and the Bill of Rights. We fail to

any justification for some people to have two votes: they can cast a vote in their relevant functional constituency and another

vote in general election. Under the present election system, we

can hardly say we have universal suffrage.

2.

What is the basis for Functional Constituency? The govern-

ment has failed to give any explanation for the need to implement

Functional Constituency. When the appointment system was abol-

ished, we were only given an indirect appointment system in its stead. In particular, in many of the Functional Constituencies,

votes are controlled by an elite minority.

3. In principle,

iple, we believe that Functional Constituency as an

electoral base is fundamentally undemocratic and therefore should not be allowed. However, we also realize that any change to the political system of Hong Kong must work within the limits of the

basic Law.

an

It

4.

In order to justify any reform to the Functional Constituen- cy, it is necessary to establish that the Functional Constituency

contradicts the Bill of Rights. Whether there is such a contra-

diction, the best recourse is to resolve this by the Judiciary. A decision from the courts will certainly benefit both the gov- ernment and the public as it will be a clear indication from independent body of where the Functional Constituency stands.. is desirable that a Judicial Review of this matter should be

carried out at the instance of the Attorney General by way of

relator action. Whilst we would be most ready and willing to

institute such a Judicial Review, the difficulties facing an individual litigant in such a court action must be insurmount- Since this matter is of obvious and significant public

do not believe there is any dispute as

whether

the Attorney General should act.

able.

interest,

we

to

的

be

5. For the interest of equality, the existing electoral system must be altered. First, the concept of one man one vote must upheld. To implement this concept within the present confines, each voter must be given one vote only, either in the Functional Constituency or in the general election; or two votes SO that

each voter can have the benefit of both electoral colleges enjoys equality of choice.

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and

6. Secondly,

SO

we

we believe corporate voting should be abolished to reduce the controlling effect of large corporations or insti- tutions in order to achieve a genuine equality. Thirdly, recommend that qualification to vote in Functional Constituencies should be determined by the government instead of by the constit-