SECRET SÆ☀2
LO
amongst
the totality of "non-Chinese" Members is/are on the
wrong side of the 20%.
If
proceedings
were indeed
initiated, the Court would likely act in one of two ways.
It
may simply come to the view that it is unable to rule on
the issue.
criteria for
Alternatively, it may come up with its own
allocating the 20% quota, and then make a
It is also
declaration on the issue on that basis.
possible that the Court may take the view that it is unable
to distinguish between individual Members who are
"non-Chinese" and decide that therefore all such Members
should be disqualified,
although
any declaration made by
the Court would only apply to Members against whom the
proceedings are directed.
6.
domestic
would
There is one additional twist.
Our current
does not contain any provisions which
the validity of
legislation
recognize/protect
1 July 1997 by LegCo
381.
acts done after
Members who are the subject of
proceedings under section 45 of Cap. 367, or section 44 of
(The provisions mentioned in paragraph 6 of our note
dated 10 August apply only to election petitions.)
Whilst
the necessary provisions can be found in RI XIX(1), the
problem is that they will lapse on 1 July 1997; there are
no corresponding provisions in the Basic Law. We are also
not aware of any relevant common law principle/precedent
case which would have application post-1997 (but it would
be useful if FCO LegCo Advisers could confirm this).
SECRET G
高度機密