CONFIDENTIAL #
機密
For discussion
on 3 December 1985
EXECUTIVE
XCC (85) 157 Copy No
MEMORANDUM FOR EXECUTIVE COUNCIL
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (REGISTRATION OF ELECTORS IN THE REGIONAL COUNCIL ELECTORAL COLLEGE
CONSTITUENCY) BILL 1985
Introduction
Annexed for Members' consideration is the Legislative Council (Electoral Provisions.) (Registration of Electors in the Regional Council Electoral College Constituency) Bill 1985.
Background
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The Legislative Council (Electoral Provisions) Ordinance 1985 (No. 13/85) provides
13/85) · provides in section 12 that no person shall be entitled to vote at an election unless he is registered as an elector in the constituency concerned, and in the subsidiary Legislative Council (Electoral Provisions) (Registration of Electors and Appointment of Authorized Representatives) Regulations 1985 (IN 89/85), it is provided that applications for inclusion in the register of electors may be made between 15 April and 6 May (regulation 6(1)) and again, following publication of the provisional register
'as soon as practicable after 7 June" (regulation 9(1)), between the date of publication and 1 July (regulation 14(2)). The regulations further provide for the final register of electors to be compiled before 7 August (regulation 21(1)), which means that it is not until this register has been prepared and published that those who have applied for inclusion may be regarded as electors.
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The Regional Council will
Council will come into being on 1 April 1986 on which day the representative elected to the Legislative Council by the Provisional Regional Council will vacate his seat (section 5(1)(b) of the Legislative Council (Electoral Provisions) Ordinance 1985). It will thus be necessary for a by-election to be held for the purpose of filling this seat.
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However, on the inauguration of the Regional Council none of its members will have registered as electors in the constituency, and given the time frame outlined in paragraph 2 above it is clear that they could not be left to seek registration in terms of these arrangements given that it would result in the seat remaining vacant until a by-election was held sometime after 7 August or for the best part of 6
months.
CONFIDENTIAL #
機密