SECRET ***
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3.
The
Chinese might try to get round the quandary by
turning a blind eye to the nationality status of LegCo
Members.
However, an individual
mounting а court challenge under
can force the issue by
section 45 of Cap. 367
(text at Annex B) or section 44 of Cap. 381. In brief, the
law provides that
institute Court
LegCo Member or
ground that:
any elector or the Attorney General can
proceedings against any person acting as a
claiming to be entitled to so act on the
(i)
the person is not qualified to be, or is
disqualified from being, such a Member; or
(ii) he has ceased to hold office as such a Member.
[Note that these
petitions
proceedings are not the same as election
mentioned in our note of 10 August.
The
nationality status of LegCo Members elected in 1995 cannot
be challenged by way of an election petition on or after 1
July 1997 because the law provides that any petition
relating to an election must take place within two months
after that election.]
4.
According to our legal advice, an elector can
initiate the aforesaid
proceedings against
either one
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