GÜVER EN
HOUSE MUI JU
SECRET #2
高度機密
particular
Legco
Member, or a group of Members. In either
case, the onus will be on the individual initiating the
proceedings
proceedings
to prove that the Member(s) against whom the
directed is(are) non-Chinese, and that he
are
has (or they have) exceeded the 20% quota. when hearing
the
the
case, the Court, on the request of a party, may require
any Or all serving LegCo Members to appear before it to
give evidence about their nationality. If at the end the
Court finds in favour of the applicant, then any vacancies
arising would be filled through by-elections. [We believe
Court is only empowered to make a ruling on Members who
are thc subject of the relevant proceedings. In other
words, the Court may not make a declaration in respect of
"non-Chinese" Members who are prima facie outside the
20% quota but who are not the subject of the proceedings
However, it would be open to any elector to
mount a separate court challenge against the latter.]
other
before it.
5.
The procedures described in paragraphs 3 and 4
above seem straightforward. In practice, things will get
much more complicated. In the absence of any established
(and published) criteria, statutory or otherwise, for
allocating the 208 quota, it would be extremely difficult
individual who initiates the legal
for either an
proceedings to
prove,
or for the Court to determine, who
FRET 高度機密
S