(B) ''SUBSTANTIAL CONNECTION'' QUALIFICATION IS A QUALIFICATION ONLY FOR CANDIDATURE IN A FUNCTIONAL CONSTITUENCY AND FOR HOLDING OFFICE AS AN ELECTED MEMBER. IT IS NOT A QUALIFICATION FOR REGISTRATION AS AN ELECTOR. WE AGREE THAT THIS QUALIFICATION SHOULD BE DEFINED IN THE PRINCIPAL LEGISLATION RATHER THAN THE REGULATIONS AND WE SHALL INSERT A DEFINITION IN CLAUSE 2.
(C) THE REQUIREMENT IN CLAUSE 13(2) FOR ELECTORS IN FUNCTIONAL CONSTITUENCIES TO BE REGISTERED UNDER THE ELECTORAL PROVISIONS ORDINANCE REFLECTS THE INTENTION ANNOUNCED IN PARA 17 OF THE WHITE PAPER. IT IS NOT CONSIDERED NECESSARY TO PRESCRIBE THIS QUALIFICATION FOR ELECTORS IN THE ELECTORAL COLLEGE CONSTITUENCIES ALSO, AS THEY WILL ALL BE MEMBERS OF A DISTRICT BOARD, THE URBAN COUNCIL OR THE REGIONAL COUNCIL. THE REQUIRMENT TO BE REGISTERED UNDER THE ELECTORAL PROVISIONS ORDINANCE IN ORDER TO BE A CANDIDATE IN ANY CONSTITUENCY IS CONTAINED IN CLAUSE 20(1)(A) OF THE BILL.
(D) AUTHORISED REPRESENTATIVES WILL BE CASTING VOTES ON BEHALF OF CORPORATE ELECTORS, B.E. THEY WILL BE ACTING AS AGENTS. AS THIS IS A MATTER OF PROCEDURE IT WILL BE COVERED IN THE SUBSIDIARY LEGISLATION.
(E) THE COMMENTS ON CLAUSES 2, 8, 9(E), 10, 14 (NOT 15), 15(2)(D), 27(2) AND 28(3) ARE AGREED AND SUITABLE AMENDMENTS WILL BE MADE.
(F) THE COMMENTS ON CLAUSES 5(1)(B), 6(2), 21(D), 21(F) AND 28(H) HAVE BEEN NOTED BUT WE DO NOT THINK ANY AMENDMENTS ARE NECESSARY.
5. FOR YOUR INFORMATION, EXCO CONSIDERED ON 5 FEBRUARY WHAT SORT OF VOTING SYSTEM SHOULD BE USED IN THE LEGISLATIVE COUNCIL ELECTIONS THIS YEAR. IT WAS DECIDED THAT AN ABSOLUTE MAJORITY SYSTEM WOULD BE PREFERABLE TO A SIMPLE MAJORITY SYSTEM: AND THAT REPEATED SALLOTS SHOULD BE USED IN THE ELECTORAL COLLEGE CONSTITUENCIES AND AN ALTERNATIVE YOTE PROCEDURE IN THE FUNCTIONAL CONSTITUENCIES. THE DETAILED PROCEDURES WILL BE SET OUT IN THE SUBSIDIARY REGULATIONS.
6. CLEAN DRAFTS OF THE REVISED LETTERS PATENT AND ADDITIONAL INSTRUCTIONS TOGETHER WITH THE FINAL REVISED VERSION OF THE BILL WILL FOLLOW BY SPEEDPOST.
YOUDE
LIMITED
HKD
FED
COPIES TO
MR BICKFORD LEGAL ADVISER
SIR. W. HARDING MRWILSON
3
CONFIDENTIAL
}
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