JULIET
•
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2 -
no successful candidates in the 1995 LegCo elections will
be debarred from holding LegCo offices between 1995 and 30
June 1997 because of their nationality. Paragraph 2 of
Miss Brooks' letter has comprehensively dealt with the
scenario of a possible court challenge before 1 July 1997.
We do not think such a challenge would succeed.
2.
On 1 July 1997, the Basic Law, including
Article 67 which sets out the nationality restriction for
legislature, will come into effect.
Section 19(1)(d)
members Of the SAR
Arguably the Basic Law is an "enactment"
of Cap. 367 and section 21(1)(da) of Cap. 381, when read in
conjunction with Article 67, therefore, would mean that any
serving Members who exceed the 20% quota stand being
vacancies which arise from
disqualified.
disqualification
by-elections.
Any
would
then
be
filled
through
The
complication
here, of course, lies in
deciding who amongst the "non-Chinese" Members come within
the quota, and who are outside it. As we are all aware,
there is no simple and easy way to "allocate" the quota.
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