Page:Hong Kong Basic Law consultation report vol. 1.djvu/42

 conduct a public opinion poll in June or July, the models released after July, such as the "one-council, two-chamber" and "4-4-2" models, would naturally be excluded from the questionnaire. Thus, it will be unfair to those new opinions which emerge after the questionnaire has been designed.

5.1.2.10 For the reason mentioned in 5.1.1.2, if the CCBL was to conduct such a survey, it would be unfavourable to the seeking of a compromise model among the various camps.

5.1.2.11 The so-called "public opinion poll" in fact refers to a sample survey and not a referendum. It is to select a certain number of sample units from the adult population in Hong Kong to answer the questionnaire. The argument that a public opinion poll will enhance the participation of the public is unfounded since not every member of the public will be asked to respond. Only a limited number of people will be selected to answer the questionnaire. Such a process will not enable more members of the public to actually take part in the consultation exercise. Neither will it enhance the participation of the public in the consultation on the Basic Law, nor increase the legitimacy of the Basic Law.

5.2 On whether a public opinion poll is in line with the CCBL's Constitution

5.2.1 Affirmative views:

5.2.1.1 In the last consultation report. the number of opinions collected from various sources (e.g. the number of people supporting a certain signature campaign) were listed out. As this practice has not violated the CCBL's Constitution, neither will a public opinion poll.

5.2.1.2 A public opinion poll exactly observes the principle laid down in the CCBL's Constitution: "seeking common ground while reserving differences, [and] not insisting on unanimity".

5.2.2 Reservations and objections:

5.2.2.1 To find out the inclinations of members of the public towards certain opinions is against the provision that the CCBL "shall study in depth views and suggestions on the contents of the Basic Law, ..., nor deciding matters by voting" prescribed in the CCBL's Constitution. In the past few years, the CCBL has strictly observed this principle by not quantifying the opinions submitted by its members or by outside parties in order to conduct democratic consultations by seeking common ground while reserving differences and not insisting on unanimity. Nevertheless, the decision on whether or not to conduct a public opinion poll is a procedural issue which can be