TNAG-2554-FCO40-3729-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1992 — Page 6

CONFIDENTIAL

3

(4)

5.

This interpretation is supported by another account of the pre-adoption discussions on article 25(b):

6.

"The various requirements of the article that elections must be 'genuine', 'periodic', 'by

universal and equal suffrage' and 'by secret

ballot' did not give rise to much discussion,

except for the words 'universal and equal

suffrage'. The opinion was expressed that the

word 'universal' was redundant in the light of

the introductory clause, 'Every citizen shall

have the right'; so was the word 'equal', in

view of the reference to the non-discrimination

clause of article 2. The majority, however, considered that the principle of 'universal and

equal' suffrage was a most fundamental one, and

decided to include it in the article. This

provision, it was thought, would leave States

parties to the Covenant free to regulate their

electoral systems, provided each vote carried

equal weight." (Guide to the "Travaux

Preparatoires" of the International Covenant on

Civil and Political Rights, Marc Bossuyt, 1987,

at pp.474-475.)

Article 25(b) is necessarily imprecise because

of the widely differing political systems it was designed

to accommodate. It is not a guarantee framed against a

particular political and cultural background, as for

example are constitutional guarantees in Canada, Australia

and the United States of America. The courts in those

jurisdictions have readily implied notions such as representative and responsible government in the

interpretation of their constitutions. That is not so easy

to do in the Hong Kong context.

GUNFIDENTIAL