CONFIDENTIAL
8720
1
IS ELECTED ONCE HAS COLD FEET HE REMAINS DISQUALIFIED FOR LIFE
AND NOT MERELY REQUIRED TO VACATE HIS SEAT UNDER CLAUSE 9 AND
POSSIBLY REMAIN DISQUALIFIED FOR THE REST OF THE LEGISLATIVE TERM
FOR WHICH HE WAS ELECTED. THIS SEEMS A LITTLE HARSH.
5. CLAUSE 14(2). THE SECOND PART OF THIS CLAUSE IS NEW. IT
WOULD APPEAR TO ENTITLE A TRADE UNION TO BE REGISTERED IN BOTH
PARTS OF THE LABOUR ELECTORAL DIVISION AND, APPARENTLY TO VOTE IN
BOTH PARTS OF THE CONSTITUENCY IE FOR TWO ELECTED MEMBERS SEE
PARAGRAPH 7 OF THE EXPLANATORY MEMORANDUM. YOU MAY WISH TO SEEK
CLARIFICATION OF THIS PROPOSAL.
6.
CLAUSE 21(H). THE CROSS-REFERENCE SHOULD BE TO PARAGRAPH
(C), NOT TO PARAGRAPH (D).
7. CLAUSE 24(D). I COMMENTED IN MY PREVIOUS MINUTE THAT I WOULD
HAVE EXPECTED SOME INDICATION SHOULD BE PROVIDED IN THE PRINCIPAL
LEGISLATION AS TO THE KIND OF CIRCUMSTANCES IN WHICH THE
COUNTERMANDERING OF AN ELECTION WAS PERMISSIBLE. I SHOULD POINT
OUT HOWEVER THAT PROVISION FOR COUNTERMANDERING ELECTIONS ON THE
DEATH OF A CANDIDATE IS CONTAINED IN A PRINCIPLE UNITED KINGDOM
ACT, NOT IN REGULATIONS.
8.
CLAUSE 28(G) AND (H). THESE ARE NEW, AS IS THE REFERENCE
TO THE DETERMINATION' OF THE RESULT OF AN ELECTION IN PARAGRAPH
(K). THEY ARE APPARENTLY INTRODUCED TO MAKE PROVISION FOR THE
DETERMINATION BY EXCO THAT CANDIDATES SHALL BE ELCTED BY AN
ABSOLUTE MAJORITY. IN THE UNITED KINGDOM THE PRESCRIBED MAJORITY
'FIRST PAST THE POST' IS SET OUT IN THE SCHEDULE TO THE
REPRESENTATION OF THE PEOPLE ACT ITSELF. IT IS FOR CONSIDERION
WHETHER THE LEGISLATIVE COUNCIL OF HONG KONG WOULD NOT EXPECT
SUCH A PROVISION TO BE SET OUT IN THE PRINCIPLE LEGISLATION. 'ENDS
9. GRATEFUL IF YOU WOULD CONSIDER THESE POINTS.
-
COULD YOU PLEASE ALSO CLARIFY THE POINT AT PARA 5 ABOVE?
HOWE
LIMITED
HKD
FED
SIR W HARDING
DR WILSON
COPIES TO:
MR FIFOOT, LEGAL ADVS
- 2 -
CONFIDENTIAL