Enclosure No. 2
HONG KONG
LEGAL REPORT
THE ELECTIONS (MISCELLANEOUS AMENDMENTS) ORDINANCE 1985
(No. 41 of 1985)
The purpose of this Ordinance is to make amendments to the District Boards Ordinance, the Electoral Provisions Ordinance, the Corrupt and Illegal Practices Ordinance and the Post Office Ordinance, and to subsidiary legislation under the first two of those Ordinances, consequent upon the establishment of the Regional Council.
2. The present distinction between "New Territories" and "urban areas" is based upon the Convention of 9 June 1898 (see section 2 of the Interpretation and General Clauses Ordinance). So far as the Urban Council is concerned its present jurisdiction ("urban areas") does not coincide with its electorate the boundary of which is drawn along District Board boundaries. The Ordinance provides that the jurisdictions and electorates for the Urban Council and the Regional Council respectively will not be "urban areas" and "New Territories" but will be drawn along the District Board boundaries.
3. In providing for elections for members of the Regional Council, the opportunity has been taken to achieve consistency between the Ordinances relating to the Legislative Council, the Urban Council and the Regional Council and relating to the election of members thereto. One exception to this is in relation to the election of representative members to the Regional Council. As these will be conducted on "in house” basis by each District Board, and as they will be covered by the Prevention of Bribery Ordinance, it is not considered appropriate that the Corrupt and Illegal Practices Ordinance should also apply.
4. Before the Acting Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
Athes & Jamil
Тешив
Acting Law Draftsman.
22 July 1985.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.