Mr Stone, HKD
CONFIDENTIAL
HKB
012/63
ས
From:
C
1990
for elections
بیم
91
Paul Fifoot
K825/10
Legal Advisers
Date: 22 October 1990
96
HONG KONG TELNO 3052: INTERPRETATION OF ROYAL INSTRUCTIONS ON THE TERM "ELECTION"
1.
The expression "an election for all the Elected Members" was adopted in Clauses XIIA and xXVIIIA because "general election" did not seem suitable where a large proportion of the Legislature was appointed. It was recognised, however, that such a "general election" would not necessarily take place in every constituency on the same day and, therefore, when it was necessary to be specific as to timing, as in the proviso to clause XXVIII(a)(2), reference was made to that possibility and the relevant time fixed as the first of the days on which a general election takes place. That proviso makes it clear that there is nothing to prevent a particular general election taking place over more than one day. Paragraph 3 of Hong Kong telno 3052 is, therefore, correct.
2.
I see no difficulty about amending the proviso to Clause XXVIIIA(1), though I do not think it is necessary; the
Governor could fix a day for dissolution within the limits set out in the proviso - which provides for a 30-day gap - even if the dates fixed for the general election are seven days apart. However, if Hong Kong want an amendment, we can add it to the present list. My only question is whether the amendment needs to depart from the concept set out in the proviso to paragraph 2 of that clause, ie the first day appointed for such elections. To preserve that approach would underline the correctness of Hong Kong's interpretation at paragraph 3 of TUR and that may be desirable if, as is apparent from this telegram, there appears to be some dispute in Hong Kong on the question. An alternative to paragraph 6 of TUR could therefore be:-
"Provided that the Legislative Council shall stand dissolved in the fourth year after the latest election for all the Elected Members of the Legislative Council on such date as the Governor shall fix being a date not earlier than 60 days and not later than 30 days before the anniversary of that election (of if the election was held on more than one day, the first day of that election)"
•
of
Paul Fifoot
5PFAAL
CONFIDENTIAL