from representative organisations in the functional constituencies. All the points raised in these representations were carefully considered at the meetings of the Ad Hoc Group. The Group also held separate meetings with the Administration to seek clarification of certain clauses of the Bill and with the four organisations in the commercial and industrial constituencies to hear their views on the interpretation of a "substantial connexion" as a qualification for the registration of candidates.
Seven Members spoke in the debate on the Second Reading. Mr Peter C WONG regretted the tight time schedule of this important Bill and said that concern was expressed by various sectors of the community on the broad definition given in the Bill on what constituted a "substantial connexion". He pointed out that it was important that registration officers should at least be thoroughly briefed on the criteria to be applied in determining whether a candidate had a substantial connexion with the constituency in which he intended to stand and that such a new concept should be applied with some flexibility. He also urged for further consultation in the drawing up of the guidelines. In moving towards the development of a more representative government in Hong Kong, he considered that it was desirable for the power to make regulations under the Bill and amend the two Schedules to be vested in the Legislative Council and he urged the Administration to re-examine this issue before the review in 1987.
Dr HO Kam-fai welcomed the extension of the franchise of the 1985 election in functional constituencies to persons who were entitled to register but had failed to do so during the recent voter registration. In order to ensure fair and efficient elections to the Legislative Council in September, he said that the Government should hold as wide and thorough consultations with the functional constituencies as time permitted in drafting subsidiary regulations relating to the operational details of the entire electoral process. He added that to acquaint the newly elected members with their roles in the future Legislative Council, the Administration should consider organising induction programmes so that the work of the Council in new session would continue to be carried out smoothly and efficiently.
Mr Andrew SO stressed that in opening up the system of government in Hong Kong, it was important to maintain its prosperity and stability. He welcomed the provision of two seats in the future legislature for representatives of the labour sector and he also called on the Government to hold extensive consultations with
various bodies of electors in order to bring about a fair and effective election.
Mr W CL Brown pointed out that some definitions in the Bill, such as a "substantial connexion" in regard to functional constituencies, required both the electorate and the Administration to exercise common sense. He sought clarification on whether the designated representatives of corporate members in functional constituencies, who would cast their votes on behalf of corporate bodies, would have to meet the seven-year residence requirement. Moreover, he urged a re-assessment be made of the concept which at the moment allowed foreign corporate bodies who might only have been in Hong Kong a few months to vote through membership of an association while at the same time, disqualifying foreign businessmen from standing as candidates unless they had ten years continuous residence. He echoed the call made by Mr Peter C WONG and Dr HO Kam-fai that the subsidiary regulations should be enacted by resolution passed in the Legislative Council.
Mr Stephen CHEONG said that the time allowed for consultation for this Bill was too short and had precluded more indepth deliberations. He added that the very broad and sweeping definition of a "substantial connexion" had raised grave concern among the four representative organisations in the business community. It was feared that candidates returned through the functional constituencies might not be able to truly represent the views and real interests of Hong Kong's commerce and industry. He asked that specific guidelines be drawn up in consultation with these organisations which would require candidates to show a record of service to these organisations and to Hong Kong's commerce and industry.
Dr Henrietta IP pointed out that there was no provision in the Bill for disqualification of a candidate or an elected member on the ground that he was certified having an unsound mind
under Section 10 of the Mental Health
Ordinance. She welcomed the
amendments to be moved at Committee Stage to rectify this point and hoped that consideration would also be given to amending the Electoral Provisions Ordinance for District Board and Urban Council elections. On the principle of absolute majority in voting, she considered that unless the voters were required by law to indicate the second and subsequent choices on the ballot paper, there might be a real danger that no candidate would pass the 50 per cent mark in an evenly balanced contest.
Mr CHAN Ying-lun supported the major principle of the Bill to develop a representative government firmly rooted in Hong Kong and more directly responsible to the people. He stressed that to achieve this aim, the whole electoral system had to be democratic and the role of controlling the quality of candidates should be performed by the electorate. He urged that future elected members should put the interests of the community in the forefront of their minds and unhealthy competition among themselves should be avoided.
In reply, the Chief Secretary paid tribute to the understanding and the support given to the Bill by Unofficial Members. He noted the concern over the definition of a "substantial
connexion" and he assured Members
that in the unlikely event of the Registration Officer being called upon to determine whether or not an aspiring candidate had "substantial connexion", the officer would be well briefed and would exercise common sense when taking a view on the candidate's claim. Regarding the desirability of making subsidiary regulations under the Bill by resolution of the Legislative Council, he stressed that careful and sympathetic consideration would be given in the review of the electoral arrangements in 1987.
At the Committee Stage, Mr Peter C WONG moved six amendments to six Clauses and one to the Second Schedule to the Bill, including an amendment to the Second Schedule to remove the proposed division of the labour functional constituency into two equivalent electoral divisions.
The Bill was read the third time and passed on 3.4.85
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