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FM FCO

TO IMMEDIATE HONG KONG

TELNO 1606

OF 111216Z NOVEMBER 92

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MAB OUS TOP COPY

Q DIST?

pa Point Parks

ра

041155

MDHOAN 4060

35

LEGAL STATUS OF POLITICAL PARTIES IN HONG KONG

1.

WE HAVE TO REPLY TO AN MP'S LETTER ABOUT THE LEGAL STATUS OF POLITICAL PARTIES IN HONG KONG, PARTICULARLY AS REGARDS FUNDING. THE WRITER, A CONSTITUENT, SAYS THAT AT PRESENT POLITICAL PARTIES ARE ALL REGISTERED AS LIMITED COMPANIES AND THAT DEMOCRACY WOULD BE ENHANCED IF THERE WERE INSTEAD SPECIFIC LEGISLATION TO UNDERPIN THE SETTING UP AND FUNDING OF POLITICAL PARTIES.

2. WE HAVE IN THE PAST (IE IN MAY LAST YEAR) REPLIED AS FOLLOWS: ''MANY POLITICAL PARTIES ARE REGISTERED EITHER AS COMPANIES WITHOUT SHARE CAPITAL BUT LIMITED BY GUARANTEE UNDER THE COMPANIES ORDINANCE OR AS SOCIETIES UNDER THE SOCIETIES ORDINANCE. BUT, LIKE THE UK, HONG KONG DOES NOT HAVE A TAILOR-MADE ORDINANCE TO DEAL WITH REGISTRATION AND REGULATION OF POLITICAL PARTIES, NOR IS IT CLEAR THAT SUCH AN ORDINANCE IS NECESSARY. THE NEED FOR SPECIAL ENACTMENTS PROVIDING FOR THE REGISTRATION OF POLITICAL PARTIES IN SOME INSTANCES ARISES FROM PROPORTIONAL REPRESENTATION, ON THE BASIS OF WHICH VOTING IS BY REFERENCE TO PARTY LISTS OR FROM STATE SUBSIDY OF PARTY ACTIVITIES OR CANDIDATES. THESE CONDITIONS DO NOT ARISE IN THE CASE OF HONG KONG.'' IS THIS STILL THE CASE? AND CAN WE SAY ANYTHING MORE FORTHCOMING ABOUT FUNDING? PRESUMABLY FUND-RAISING IN PUBLIC PLACES IS STILL NOT ALLOWED?

GRATEFUL FOR A REPLY BY 093OZ ON 13 NOVEMBER IN ORDER TO MEET

OUR DEADLINE.

3.

HURD

YYYY

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