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HKK
FM HONG KONG 1605002 JUL 34
1. 011/3
TO IMMEDIATE FCO
TELEGRAM NUMBER 1955 OF 16 JULY
1 7 JUL 1934
ར
INFO IMMEDIATE PEKING
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YOUR TELNO 1231 LEUTURE OF HONG KONG DISTRICT BOARD ELECTIONS.
既
1. THE DISTRICT BOARDS ORDINANCE (1981) PROVIDED FOR DISTRICT BOARDS,
TO BE SET UP CONSISTING OF :
(A) MEMBERS APPOINTED BY THE GOVERNOR:
(B)
ELECTED MEMBERS: AND
(C)
IN THE CASE OF THE NEW TERRITORIES DISTRICT BOARD THE CHAIRMAN
OF THE LOCAL RURAL COMMITTEE.
2.
ONE OF THE PROVISIONS OF THE ELECTORAL PROVISIONS ORDINANCE
(1981) DISQUALIFIES A PERSON FROM BEING ELECTED, OR NOMINATED AS A CANDIDATE, OR HOLDING OFFICE, AS A MEMBER OF A DISTRICT BOARD, IF
ANY ONE OF EIGHT CONDITIONS APPLIES. THE FIFTH OF THESE IS IF HE
''IS A MEMBER OF ANY PARLIAMENT, ASSEMBLY OR COUNCIL, WHETHER CENTRAL OR LOCAL, OF A FOREIGN COUNTRY OR A SALARIED FUNCTIONARY OF A
FOREIGN GOVERNMENT''.
3.
ON 3 JULY EXCO CONSIDERED MEMORANDUM XCC(84)72, RECOMMENDING
LEGISLATION TO MAKE CERTAIN AMENDMENTS AND ADJUSTMENTS TO THE
ELECTION PROCEDURE FOR ELECTIONS TO THE URBAN COUNCIL AND DISTRICT
BOARDS. IT WAS NOTED THAT, ALTHOUGH THE GOVERNOR'S POWER OF APPOIN-
TMENT AND THE ELECTORAL PROVISIONS ORDINANCE PROVIDED SAFEGUARDS
AGAINST UNSUITABLE PERSONS BECOMING MEMBERS OF DISTRICT BOARDS
RESPECTIVELY IN CATEGORIES (A) AND (B) OF PARA 1 ABOVE, NO SUCH SAFEGUARD EXISTED FOR CATEGORY (C) 1.5. THE CHAIRMEN OF RURAL
COUNCILS. IT WAS AGREED THAT THIS LOOPHOLE SHOULD BE CLOSED. ACCORDINGLY THE DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MICČE- LLANEOUS AMENDMENTS) BILL, INCLUDES A PROVISION TO AMEND THE DISTRICT BOARDS ORDINANCE SO AS TO DISQUALIFY THE CHAIRMAN OF A RURAL COMMITT-
EE FROM ATTENDING, TAKING PART IN OR VOTING AT ANY MEETING OF A
DOARD IN CIRCUMSTANCES SIMILAR TO THE DISQUALIFICATIONS IN THE
ELECTORAL PROVISIONS ORDINANCE. ONE SUCH DISQUALIFYING CONDITION
IS IDENTICAL WITH THAT IN THE LAST SENTENCE OF PARA 2 ABOVE.
4. THE SUMMARY IN PARA 10 OF HONG KONG TELHO 1905 OF THE TA KUNG
PAG COMMENTARY OF 12 JULY WAS OVER-COMPRESSED. AFTER EXPLAINING THAT
THE NEW BILL WOULD DISQUALIFY A RURAL COMMITTEE CHAIRMAN WHO WAS A
MEMBER OF A FOREIGN PARLIAMENT ETC. THE COMMENTARY CLAIMED THAT A
GOVERNMENT SPOKESMAN HAD PEITERATED AFTER THE BILL'S PUBLICATION
THAT NO PERSON WHO WAS A MEMBER OF A FOREIGN PARLIAMENT OR COUNCIL
COULD CONTEST DISTRICT COARD ELECTIONS. THE COMMENTARY CONTINUED
THAT ALTHOUGH BRITAIN WOULD ADMINISTER HONG KONG FOR THE NEXT 13
YEARS, IT WAS STILL CHINA'S SOVEREIGN TERRITORY. WHAT WAS MEANT BY
'FOREIGN'? NEWSPAPERS AND GOVERNMENT OFFICIALS HAD MADE IT CLEAR
THAT CHINESE NPC AND CPPCC DELEGATES WERE AMONG THOSE DISQUALIFIED.
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