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21 FEB 1985

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Mr. Galsworthy, HKD

CONFIDENTIAL

HONG KONG LEGISLATIVE COUNCIL BILL

37

1.

143

RAR Mr. Leeks. CB2/

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Jesam

Paul Fifoot

FROM:

DATE:

20 February 1985

52

Hong Kong telno 313 comments on my minute to you of

25 January and takes account of a number of points made in that

minute. I should draw your attention to the remaining, or further, points which arise on the latest draft of the Bill

forwarded with Sir P Haddon-Cave's letter of 12 February.

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.

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.

Clause 6 (2), on which I commented 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 disqualified from holding office.

Hong Kong did not think any amendment was necessary to

this. However I remain of the view that this is a

little strange. Under Clause 21(e) a person is disqualified from being nominated as a candidate or

1

CONFIDENTIAL

/holding

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