[C01ALM]
MILETFOOD,
Froot
ifoot, Deputy Legal Adviser
RESTRICTED
Reference.....
R+Rise. M.
HKKK 011/1
Mr. Ward (lagel Albin)
DEPENDENT TERRITORIES CONSTITUTION: OF THE LEGISLATURE
A
1.
I enclose a copy
of a
B
DI SQUALIFICATION OF MEMBERS
minute from the Dependent Territories Adviser concerning the disqualification from membership of the Legislature of a Dependent Territory of any member who has received a sentence
of imprisonment exceeding twelve months.
2.
The Hong Kong Legislative Council (Electoral Provisions) Ordinance, Section 21, provides for the disqualification of a person either
either from seeking election or from holding office as an elected member of LegCo if he ог she has been sentenced to imprisonment in Hong Kong or any other place for a period exceeding 3 months. I assume that this is sufficient to avoid in Hong Kong the difficulties encountered in the Turks and Caicos Islands and that consequently we need not associate Hong Kong with the proposed amendment. (In view also of the current local
sensitivity that surrounds proposals
for constitutional amendments in Hong Kong, I would for political reasons prefer not associate Hong Kong with this change if we can reasonably do
so.)
3.
I should however be grateful for your advice on this matter and particularly for your confirmation that Section 21 does provide for the disqualification of a member
a member of LegCo who is
sentenced to imprisonment subsequent to his ог her election.
нин HHK Onl
CLIVED
14 POV 1:35
E Leeks Hong Kong Department
WH 312
233 4439
11 November 1985 I Tho was
Mi bech
1
- ре
Ctr
to
Cor.
pre byt & WIAD confirm the Section 21 (c), (g)
and (h)
are
Sufficieb
to
awid
juch
diffultives
in Hay Kong
and
the ther
is therefore
As
neach
to
conside
in
any clanger
RESTRICTED
respect
іл порив 1 Ноз кому
Mcwoord
12/11