TNAG-2786-FCO40-4005-Hong-Kong-UK-Parliamentary-and-other-interest-in-constitutio-1993 — Page 83

DRAFT

Mr. Chan Hung

int Association of People's Organisations

for Promotion of Democracy

9/F Good Hope Building

618 Nathan Road

Kowloon

HONG KONG

852 840 1976 * P.02.

Thank you for your letter of 29 May. I am sorry that in the bustle of Kai Tak your petition was overlooked. As you know, I did accept a petition from your organisation outside the Legislative Council building.

to

Provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong were incorporated into Hong Kong law by the Bill of Rights Ordinance. The United Kingdom and China agreed in the Joint Declaration that the provisions of the ICCPR as applied

Hong Kong shall remain in force after 1997. Much work has been done to ensure that the laws of Hong Kong do not conflict with the provisions of the Bill of Rights (and by extension the provisions of the ICCPR as applied to Hong Kong), and I do not believe that any laws, electoral or otherwise, could be passed which conflicted with these provisions.

You will know that the UK made a reservation in respect of Hong Kong when ratifying the ICCPR, to the effect that Article 25 does not require the establishment of an elected Executive or Legislative Council in Hong Kong. However, in accordance with the wishes of the people of Hong Kong and with the Joint Declaration, we have introduced direct elections to the Legislative Council on the basis of universal and equal suffrage. The functional constituency elections provide an additional channel to allow for the representation of professional and economic sectors which are significant and of importance to the community.

In answer to your second question, the UK has stated

repeatedly that any arrangements made for the 1994/5 elections will have to be fair, open and acceptable to the people of Hong Kong. In the past six months or so, we have had the benefit of the views of Legislative Council Members as expressed in various debates in the Council. We have also had views from political groups and the general public, including those published in the compendium and its supplement.

We will continue to monitor the community's feedback in the weeks ahead. Ultimately, the necessary legislation will have to be scrutinised and passed by the Legislative Council.

ALASTAIR GOODLAD