TNAG-2718-FCO40-3924-Hong-Kong-electoral-provisions-and-arrangements-1993 — Page 241

RESTRICTED

RESTRICTED

FM HONG KONG

TO PRIORITY FCO

TELNO 146

OF 01110OZ FEBRUARY 93

INFO PRIORITY PEKING, UKREP JLG HONG KONG

Pw. R. Elutions

125067

MDLIAN 130

130

CONSTITUTIONAL DEVELOPMENT ELECTION COMMISSION (BEC)

WEN WEI PO ARTICLE ON BOUNDARIES AND

1.

WE HAVE SEEN, FOR THE FIRST TIME, AN ARTICLE IN TODAY'S WEN WEI PO CRITICISING THE ESTABLISHMENT OF THE BEC AS AN ATTEMPT BY US TO MANIPULATE ELECTIONS. IT BRANDED THE BEC AS ANOTHER OF OUR UNILATERAL MOVES ON THE 1995 LEGCO WHICH SHOULD BE WITHDRAWN.

2.

THE ARTICLE REFERRED TO THE BEC'S COMPOSITION AND TERMS OF REFERENCE AND CONTENDED THAT IT WOULD BECOME AN AUTOCRATIC ORGAN OF POWER FOR THE FOLLOWING REASONS :

(I) UNLIKE EXISTING ADVISORY BODIES, THE BEC WAS TO BE ESTABLISHED BY ORDINANCE, BEARING THE STATUS OF AN INDEPENDENT BODY CORPORATE AND EMPOWERED TO ACQUIRE, HOLD AND DISPOSE OF PROPERTY. THIS WOULD MEAN THAT THE BEC WAS EXPECTED TO BEAR CERTAIN POLITICAL CONSEQUENCES AND WOULD CONTROL PUBLIC FINANCE AND OTHER RESOURCES, WHICH COULD AFFECT OPERATIONS AND DEVELOPMENT OF THE POLITICAL SYSTEM.

(II) WITH A VERY SMALL MEMBERSHIP OF THREE, THE CHAIRMAN WOULD BE ABLE TO AMASS CONSIDERABLE POWER, THROUGH EXERCISING HIS CASTING VOTE. BEING AN APPOINTEE OF THE GOVERNOR, THE CHAIRMAN COULD BE VULNERABLE TO MANIPULATION: AND ELECTORAL ARRANGEMENTS COULD BE MADE UNDER DICTATORSHIP RATHER THAN A REASONABLE LEGISLATIVE PROCESS.

(III) THAT THE CHAIRMAN WOULD BE A HIGH COURT JUDGE WOULD BLUR THE CLEAR DIVISION BETWEEN THE JUDICIARY AND THE EXECUTIVE AND SET A BAD PRECEDENT OF THE JUDICIARY INTERFERING WITH POLITICS, THUS COMPROMISING THE JUDICIARY'S INDEPENDENCE.

3. WE ARE REBUTTING THESE ALLEGATIONS THROUGH MEDIA CONTACTS HERE.

PATTEN