TNAG-2595-FCO40-3783-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 101

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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days. After that period has elapsed the canvassers would revisit to collect the completed forms, checking them at the doorstep. Clearly the timing of those visits would be crucial in obtaining the maximum collection of the forms. Some revisits would be required and even then, in a small number of instances, where contact has not been obtained, a prepaid envelope could be left for the retur f the forms by post. The canvass timetable could be staged fo bumber of weeks and would probably result in a continuous flow of data that would make for easier processing. The additional cost of employing canvassers could be mainly offset by the reduction in postal charges. Experience elsewhere has indicated that such a system can very substantially increase the number of qualified persons registering. In the special circumstances of Hong Kong the introduction of such a system appears to us to be the best and most effective way forward. Additionally it would be much more cost beneficial than the employment of intensive publicity drives which may, at first sight, appear to be the way ahead.

9.

9.1

Postal and Proxy Voting

Any report on ways and means of enhancing democracy and of maximising citizen participation must consider the situation of those who for legitimate reason are unable to attend in person at the polling station. UK law allows postal and/or proxy voting for a number of categories, including military service, employment away from bome, and illness. Counterbalancing the desire to avoid depriving anyone of their franchise is the serious problem that postal voting is certainly less secure, more liable to manipulation, and more difficult to monitor than voting in person. Consequently we recommend that, at least until all the regulations and practices relating to the direct elections to LegCo have been proved, refined and established in action, postal or proxy voting should not be introduced.

10. Equality of Treatment

10.1

Politics are dynamic rather than static. They respond, for good or ill, to immediate circumstances and pressures. Consequently any combination of individuals to protest or to promote ideas will not necessarily endure for any particular length of time. Even so, in the broadest sense, every individual or group that seeks to influence public policy is “political" and, in the context of contesting elections, all such groups are "parties”, even if, for instance, like some of the groups we met, they operate only in one part of Hong Kong, addressing specifically local issues.

10.2

These considerations pose problems for the registration and regulation of parties if such be thought desirable for reasons other than those strictly related to the democratic

process. On the one hand, there is a powerful argument for the least restrictions on the formation and operation of parties, both in order that the evolutionary process of finding common philosophic ground - or even common ground on a temporary or local issue - will be encouraged rather than inhibited, and also in order that the fewest possible obstacles be placed in the path of those contemplating contesting elections, either as individuals or through parties.

10.3

Experience elsewhere is mixed. Many countries, particularly those that use party list systems of election, have a formal process

for registering parties. Other countries, including the UK, with a more individualistic tradition, take the view that the common law provisions relating to corporate and incorporate bodies are sufficient - with the important additional provisions in election law relating to joint candidatures - and that therefore there is no necessity to create a special status for political parties, with all the attendant problems of definition.

10.4

In the Hong Kong situation we recognise that there are currently powerful arguments (unrelated to the political process) in favour of tighter controls of common interest organisations that solicit membership fees and donations. We are not sufficiently in command of all the legal niceties to be able to make detailed recommendations with confidence. In general we do not favour either the formal registration of a discrete category of organisations designated as 'political parties' or the constriction of burgeoning political organisations within the provisions relating generally to voluntary organisations. If, however, some form of registration is regarded as essential, we favour, on balance, registration in a separate political party category, on the grounds that, in theory at least, this could be more relaxed and less restrictive. The election process is carried out openly in the full glare of publicity. If the principal test of registration as a political party is a stated intention to promote candidates at public elections, it may well inhibit attempts at manipulation by organisations whose purposes lie elsewhere than participation in democracy.

10.5

It was put to us that the events of recent years had demonstrated a political paradox. The remarkable evidence of vast and virtually spontaneous marches in response to events in Beijing had apparently not as yet translated into a substantial level of mainstream political activity. Estimates of the number of Hong Kong citizens who peacefully congregated at the racecourse range up to 15 per cent of the population. This level of active response could

not be expected to be maintained but it has spawned a series of smaller demonstrations, particularly to mark anniversaries of noteworthy events. This suggests to us that there is no lack of interest in politics, and certainly no lack of concern about the future. However prima facie there is uncertainty about the relevance of mainstream political activity, in particular through the vehicle of political parties and public elections. This may be, as one correspondent put it, that to many Hong Kong people "politics is communism" and marches are not seen as politics, whereas parties are. It is worth noting that no less than 368,431 people responded to the Hong Kong Government Green Paper of May 1987, many of them on petitions. Almost 75 per cent of those expressing an opinion were in favour of direct elections to LegCo in 1988. [p3, The Other Hong Kong Report, CUP, 1989].

10.6

The relevance of this to the present situation is considerable, as seen in the mixture of comments we received:

1991 is a dry run towards more democracy by 1995;

the example of the 1991 direct elections will be a touchstone to further development of democracy in 1995;

the character of the eighteen directly elected LegCo members will be crucial for the future;

☐ the more successful our report is in catalysing democracy the

greater the danger, because expectations cannot be fulfilled;

unless Hong Kong people show their strength through the ballot box no stance will be effective;

ERS Delegation ta Hong Kong Report 8

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