TNAG-2554-FCO40-3729-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1992 — Page 7

CONFIDENTIAL

4

7.

-

But implications are probably not necessary in

the present case. Article 25(b) is concerned with the

right of individuals to vote (and to be elected), not the

nature of electoral or political systems or institutions.

(This is re-enforced in the Hong Kong context by the

reservation made by the UK Government upon ratification of

the Covenant which is reflected in s.13 of the Bill of

Rights Ordinance to the effect that Article 25 does not

require the establishment of an elected Executive or

Legislative Council in Hong Kong.) The article guarantees that every citizen should have the right to vote, without unreasonable restrictions, in genuine periodic elections which shall be by universal and equal suffrage and held by

secret ballot.

<

8.

ផង to

As has been said above, "universal and equal suffrage" means that the right to vote should be enjoyed by every citizen (subject to "reasonable restrictions", which see below) and that each vote should carry equal weight. The notion of one vote, one value is recognized in many jurisdictions. United States constitutional jurisprudence requires near absolute equality of voting power (i.e. equality of numbers of electors within electoral districts). In Canada, the courts have adopted a less exacting standard of "relative equality of voting power", which has been described as "the dominant principle underlying our system of representational democracy". A similar principle is followed in Australia. The New Zealand Bill of Rights Act 1990 requires that elections "shall be by equal suffrage" and it has been accepted there that this was intended to enshrine the one vote one value

principle.

9.

So far as Hong Kong is concerned, the only LegCo elections which can be said to be "by universal and equal suffrage" are those in the geographical constituencies. is for this reason (among others) that we say there is

CONFIDENTIAL

It