TNAG-2737-FCO40-3950-Hong-Kong-Letters-Patent-1993-1993 — Page 139

CONFIDENTIAL

機密

4

'Every

permanent resident shall have the right and the

opportunity, without any of the distinctions mentioned

in article 1(1) and without unreasonable restrictions

to vote and to be elected at genuine periodical

elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free

of the will of the

electors,'

expression

Moreover, the fact that only some people are given two

votes could be regarded as discrimination under Articles

1 (1) and 22 to the BOR. (Article 1(1) provides that the

rights recognised by the BOR shall be enjoyed without distinction of any kind, such as 'race

property,

birth or other status'. Article 22 says, among other things, that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.')

4.

The

Administration

is of the view that the FC

system is not inconsistent with 21(b) of the BOR because

Section 13 of the BOR (which provides that "Article 21 does

not require the establishment of an elected Executive of

Legislature Council in

Hong Kong") is intended to relieve

the government of any obligation to ensure that any such

elections should meet all the requirements of article

21 (b).

It follows

discrimination involved.

1992,

be

any

that there would not

In its meeting on 22 February ExCo decided that in order to eliminate the risk of a

BOR challenge on the FC system, an amendment of the LP

should be made to provide explicitly for GC and FC elections, and for the right of voters in the FC election

(which need not be by universal suffrage) to also vote in

the GC elections.

CONFIDENTIAL ##

機密