A JUDICIAL challenge might be the only way to end functional constituencies which violate Articles 1, 21, and 22 of the Hong Kong Bill of Rights. They also violate the spirit of the Bill of Rights because without equal representation there is no equal standing in judicial or executive branch proceedings. If a legal challenge fails it will not be because of the law. Equal representation is a foundation for democracy. Without it, Hong Kong is still a colony with a ruling aristocracy. Andy Ho's conclusion in his commentary (South China Morning Post, September 18) is strange. In talking about possible boycotts of elections by candidates or political parties he says that if only the United Democrats and a few others contested the elections, ''it would be a major embarrassment of Mr Patten''. What is a major embarrassment is that Mr Patten might allow disproportional voting, rule by an elite, and govern through a ''small pool'' (Ho's words) of the upper class. Not permitting each vote to be as valuable as the next is far worse than a few people who are not supported by voters choosing not to run. More embarrassment comes when the voters don't vote. If voters are without power, as they are in Hong Kong, they are much less likely to vote. Therefore, there is low voter turnout. Rhetoric about increasing voter turnout will accomplish nothing if this unjust system of governance remains. Mr Patten's recent ''automatic'' appointment of Hongkong Bank chairman, John Gray, to the Executive Council shows a disturbing attitude by those who govern. As for Mr Gray, the man should be embarrassed to accept the seat, given that many voices have not been heard. This Hong Kong predilection for believing that success is inextricably linked to rule by and for the corporate and upper class must be banished forever. Functional constituencies, as used by Mussolini's Italy and Czarist Russia are not methods to emulate. Mussolini devised a system to support an authoritarian and anti-democratic political philosophy placing corporate society above the individual. Fascism as a system of governing surely does not belong in Hong Kong. After all, Fascist doctrine and methodology reject the idea of a neutral state based on economic laissez-faire. Business people should know that in the long run opening up the political system will benefit the economy. Professionals and managers comprise 12 per cent of Hong Kong's work force. They have 86 per cent of the functional constituency seats. Not only are FC seats weighted toward professionals and managers they are inherently unfair to other professionals who remain unrepresented. As the British and Chinese are finding out, it would be impossible to create functional constituencies to represent everyone equally. Therefore they should be immediately abolished. Withholding the right to free and fair elections violates human rights. It prevents the will of the people from being carried out. Unequal representation teaches discrimination and prejudice to another generation. What Hong Kong needs is someone who can end this aberration. The jury is still out on Mr Patten, but I am hopeful that he will abide by the wishes of the majority of Hong Kong people and create a directly elected Legislative Council. As for China, with their grasp of the history of Hong Kong and their understandingof the need for the territory to be out from under the autocratic rule of the British Empire, I am distressed that they would attempt to replace one tyranny with another, by denying the people of Hong Kong their autonomy. LOREN K. STANTON, Secretary for Legal Affairs Hong Kong Christian Institute