SECRET
056573
MDHIAN 0945
2 sets.
BEC IS REQUIRED TO SUBMIT FINAL RECOMMENDATIONS FOR THE MC ELECTION CONSTITUENCY BOUNDARIES BY 31 DECEMBER 1993 (AFTER PUBLICATION OF PROVISIONAL RECOMMENDATIONS FOR A PERIOD OF 1 MONTH'S PUBLIC CONSULTATION). THE NUMBER OF MC ELECTION CONSTITUENCIES IS PROVIDED FOR BY PRIMARY LEGISLATION (I.E. THE URBAN COUNCIL (UC) AND REGIONAL COUNCIL (RC) ORDINANCES), WHICH HAVE TO BE AMENDED FOR THE INCREASED NUMBER OF ELECTED SEATS. THIS SHOULD BE DONE BEFORE THE BEC STARTS TO DRAW UP ITS PROVISIONAL RECOMMENDATIONS, I.E. BY MID-OCTOBER 1993. TO ACHIEVE THIS, THE AMENDING BILL WOULD NEED TO BE INTRODUCED INTO LEGCO BY 21 JULY 1993 AT THE LATEST, EVEN IF THE LEGCO BILL COMMITTEE CAN BE PERSUADED TO WORK THROUGH THE SUMMER RECESS.
9.
IF WE DID NOT INTRODUCE THE AMENDING BILL INTO LEGCO UNTIL MID-OCTOBER, WHEN LEGCO RECONVENES, THE BEC WOULD HAVE NO OPTION BUT TO DRAW UP ITS BOUNDARY RECOMMENDATIONS ON THE BASIS OF THE EXISTING NUMBER OF ELECTED MC SEATS. THE BEC WOULD THEN, AFTER PUBLIC CONSULTATION, SUBMIT ITS FINAL RECOMMENDATIONS ON THAT BASIS BY 31 DECEMBER 1993. I WOULD HAVE THE POWER, UNDER THE BEC BILL, TO RETURN THE RECOMMENDATIONS TO THE BEC IF, BY 31 DECEMBER OR SHORTLY THEREAFTER, LEGCO HAD PASSED LEGISLATION INCREASING THE NUMBER OF ELECTED MC SEATS. BUT THIS WOULD BE VERY UNTIDY AND WOULD REQUIRE A HIGH DEGREE OF TOLERANCE FOR ABORTIVE WORK ON THE PART OF THE BEC.
(C) LEGISLATIVE COUNCIL ELECTIONS (SEPTEMBER 1995)
10.
FOR THE 1995 LEGCO ELECTIONS, IT IS DESIRABLE TO ENACT AMENDING LEGISLATION BY MARCH 1994, BUT WE COULD LIVE WITH A LATER DATE OF JUNE 1994, ALTHOUGH THERE WOULD BE SOME COMPLAINTS FROM POTENTIAL FC ELECTORS WHO MIGHT BE DISQUALIFIED.
CONCLUSION
11. DESPITE THE DIFFICULTY ON THE LEGISLATIVE POINT RELATING TO THE MUNICIPAL COUNCILS, I THINK THAT AN ATTEMPT TO DECOUPLE THE DB/MC LEGISLATION FROM THE REMAINDER OF THE LEGISLATION BEFORE LEGCO'S SUMMER BREAK WOULD NOT HELP SECURE THE BEST OVERALL OUTCOME. WE HAVE EXAMINED A POSSIBLE WAY ROUND THE MC PROBLEM. THIS WOULD BE TO AMEND THE BOUNDARY AND ELECTION COMMISSION ORDINANCE IN OCTOBER IN ORDER TO DEFER THE DEADLINE FOR SUBMISSION OF FINAL RECOMMENDATIONS ON THE MC CONSTITUENCY BOUNDARIES UNTIL AFTER 31 DECEMBER. THE BOUNDARY AND ELECTION COMMISSION WILL START ITS WORK WITH THE DB BOUNDARIES. IT IS UNLIKELY TO GET ON TO THE MC BOUNDARIES UNTIL OCTOBER. SO WE MAY
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