1
PP HONG KONG
GRS 566
CONFIDENTIAL
FM FCO 220958Z
FEB 85
CONFIDENTIAL
8720
1
HKK 011 RECEIVED P. PEGISTRY
26 FEB 1985
$
TO PRIORITY HONG KONG
TELEGRAM NUMBER 307 OF 22 FEBRUARY
INFO ROUTINE PEKING
Св
YOUR TELNO 344 AND HADDON-CAVE'S LETTER OF 12 FEBRUARY TO
GALSWORTHY : AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCIONS
AND LEGCO (ELECTORAL PROVISIONS) BILL
1.
FOLLOWING ARE FIFOOT'S DETAILED COMMENTS
ON THE DRAFT BILL ATTACHED TO HADDON-CAVE'S LETTER
OF 12 FEBRUARY.
BEGINS
-43
2. 'CLAUSE 2(4) IS NEW AND TAKES ACCOUNT OF MY SUGGESTION THAT
THE BILL ITSELF (IE RATHER THAN REGULATIONS) SHOULD SAY WHAT IS
MEANT BY 'A SUBSTANTIAL CONNECTION' WITH A FUNCTIONAL
CONSTITUENCY. ONE OF THE CONNECTIONS RELATES TO A PERSON WHO IS
'CONCERNED IN THE MANAGEMENT OF A BODY COMPRISING OR FORMING PART
OF A FUNCTIONAL CONSTITUENCY'. I THINK THE WIDTH OF THIS COULD
WELL GIVE RISE TO DIFFICULTIES BUT I SUSPECT THAT IT IS
INESCAPABLE.
3. CLAUSES 3 AND 5 RAISE THE ISSUE OF DISSOLUTION OF THE
LEGISLATURE AND WE WOULD HAVE TO COME BACK TO THIS AFTER
MINISTERS HAVE TAKEN DECISIONS.
4. CLAUSE 6(2), ON WHICH I COMMENT IN MY MINUTE OF 25 JANUARY,
RETAINS THE PROVISION THAT A PERSON ELECTED AT AN ELECTION WHO
FAILS TO NOTIFY THE GOVERNOR OF HIS ACCEPTANCE OF OFFICE IS
HONG KONG DID NOT THINK ANY
HOWEVER I REMAIN OF THE VIEW
DISQUALIFIED FROM HOLDING OFFICE.
AMENDMENT WAS NECESSARY TO THIS.
THAT THIS IS A LITTLE STRANGE. UNDER CLAUSE 21(E) A PERSON IS
DISQUALIFIED FROM BEING NOMINATED AS A CANDIDATE OR HOLDING
OFFICE AS AN ELECTED MEMBER IF HE IS 'DISQUALIFIED FROM
HOLDING OFFICE AS AN ELECTED MEMBER UNDER ANY ENACTMENT'.
6(2) IS AN ENACTMENT AND THEREFORE IT MAY BE HELD THAT THE EFFECT
OF CLAUSE 21(E) READ WITH CLAUSE 6(2) IS THAT IF A CANDIDATE WHO
CLAUSE
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CONFIDENTIAL
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