MENT HOUSE HUND KULU.
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20% Nationality Restriction
Possible Court Challenge Against an
"Unlawfully Constituted" Legislative Council
Note:
note to
where appropriate, references will be made in this
specific provisions in the Electoral Provisions
Ordinance, Cap. 367, which deals with LegCo geographical·
constituency elections, and parallel provisions in the
Legislative Council (Electoral Provisions) Ordinance, Cap.
381, which deals with functional constituency elections.
Section 19 of Cap. 367 (text at Annex A) and
section 21 of Cap. 381 sets out the
disqualification
these criteria
criteria for LegCo Members. None of
specifically
disqualify a Member by
Section
virtue of his
19(1)(d) of Cap.
367 and section
nationality.
21 (1) (da) of
which provides
is
no
Cap. 381 do contain a catch-all provision
that a Member shall be disqualified if "he
from being elected or being nominated as a
disqualified
candidate or holding office as a member under any
enactment" (our emphasis). However, there is at present
enactment which disqualifies a Member on the basis of
nationality. Thus, in the absence of any amendment to
existing constitutional documents/domestic legislation,
his
our
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(13 Ang '93).