TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 172

4

Findings of Fact (Chapter IV).

"findings"

on

Despite being

called

"Findings of Fact", Chapter IV contains a considerable

number of assertions; for example in para.5 on page 33.

The

self-determination, internal self-government, the electoral system and attitudes towards the UK and so on are all topics that have been the subject, I believe, of discussion both in Hong Kong and Britain. They do not, I suggest, call for a response. But there are some specific points that I would pick up -

(a)

Functional Constituencies

The

Report states (at Chapter IV Pages 31-32) that the functional constituency system "is no longer

acceptable and may well be inconsistent with the

International Covenant on Civil and Political

Rights and with Article 21 of the Hong Kong Bill of Rights Ordinance 1991, which requires elections to be by universal and equal suffrage".

Comment: Having regard to section 13 of the BOR

Ordinance (which says that Article 21 does not

require the establishment of an elected ExCo or

LegCo) the functional constituency system is not

inconsistent with the Ordinance. In any event, Article VII of the Letters Patent supports, at least by implication, the functional constituency system by providing that the law of Hong Kong may make provision for different categories of Elected

Members and separate provision as regards the

and qualifications relating to such

constituencies

categories.

The paragraph on page 31 on the electoral system wrongly describes a single electoral college for

the appointment of 12 LegCo members. There were

12 electoral colleges each electing one member.

The report correctly describes the position on

page 69 (Chapter VII - The Democratic Deficit - II

The Legislative council 2rd para).

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