LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (AMENDMENT) BILL 1988

Explanatory Memorandum

The main purposes of this Bill are—

(a) to provide for the automatic acceptance of office of the elected Members of the Legislative Council and to reduce from 30 days to 7 days the period during which such Members may decide not to accept office; and

(b) to relax the requirement of prior registration under the Electoral Provisions Ordinance (Cap. 367) so as to allow potential electors in a functional constituency who are eligible to register but have not so registered to register under the Legislative Council (Elec- toral Provisions) Ordinance (Cap. 381) for the purposes of voting or seeking nomination as a candidate in the election in 1988.

2.

Clause 4 of the Bill amends section 6 of the principal Ordinance to provide for the automatic acceptance of office by an elected Member unless he gives notice to the Governor within 7 days of the publication in the Gazette of his election that he has decided not to accept office.

3. Clauses 5 and 6 of the Bill amend sections 13(3) and 20(1) respectively of the principal Ordinance to permit potential electors who are eligible but have not registered under the Electoral Provisions Ordinance (Cap. 367) to seek registration in a functional constituency under the principal Ordinance. Normally, such persons must be registered under the former Ordinance before they can seek registration under the latter. For the purposes of voting or seeking nomination as a candidate in the 1988 election this requirement is relaxed. Clause 7 of the Bill makes a consequential amendment to the Legislative Council (Electoral Provisions) (Registration of Electors and Appointment of Authorized Representatives) Regulations accordingly.

4. Clause 2 amends section 2 as a consequence of the addition of the Health Care electoral division (of the new Medical and Health Care functional constituency) in the Second Schedule to the principal Ordinance which makes reference to the entitlement to vote at general meetings of bodies contained in that electoral division. Clause 3 removes a spent provision. Clause 8 makes a minor consequential amendment to the Post Office Regulations.

5. The Bill has no significant Public Service staffing or public expenditure implications.

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