TNAG-2731-FCO40-3937-Future-of-Hong-Kong-constitutional-development-1993 — Page 134

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equal suffrage. To require citizens to make a choice as to what kind of vote they wish to cast (where one or more of those kinds of votes could arguably not be on the basis of universal and equal suffrage) would not deny citizens the right and opportunity to vote on the basis of universal and equal suffrage. It follows from this that we do not agree with the suggestion in the Joint Memorandum of Messrs Chang QC and Li QC that compelling citizens to make such a choice amounts to a restriction on the right to vote in a geographical constituency which would be contrary to Article 25 (b) of the ICCPR.

4. It appears from paragraph 5 of David Edwards' letter of 19 January that a provision requiring voters to make a choice between functional and geographical constituencies is now unlikely to be included in the draft legislation which will be presented by the Administration to LegCo. The effect of this is that a the present situation would continue whereby all voters are entitled to vote in a geographical constituency but some voters are, in addition, entitled to vote in one or more functional constituencies. There is at least an argument that giving some voters more than one vote could be contrary to Article 25(b) of the ICCPR on the grounds that the election is not by universal and equal suffrage, or contrary to Article 26 of the ICCPR on the grounds that giving some voters more than one vote constitutes discrimination on grounds of "other status". It might also be argued that the UK's reservation to Article 25(b) of the ICCPR is not broad enough to cover breaches of Article 26. However, taken together, the scope of the UK's reservations to the ICCPR should be adequate to counter any claims that we were in breach, either of Article 25 or Article 26.

5.

I have copied this minute to David Edwards but I have assumed you will wish to send a telegram to Hong Kong incorporating this advice. Could you please clear the telegram with either me or Shelagh Brooks?

Aliambile

K J Chamberlain

HONGKONG/1man¡vote26.1

CONFIDENTIAL