BMENT HOUSE HONG KONG.
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20% Nationality Restriction
HKB 011/7/1
Possible Court Challenge Against an
"Unlawfully constituted" Legislative council
PA
1993
7
RY
REGISTRY
Takon
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 21 of Cap. 381 sets out the
criteria for LegCo Members. None of
Section 19 of cap. 367 (text at Annex A) and
disqualification
these criteria
specifically
nationality.
21 (1) (da) of
which provides
is
Section
disqualify a Member by virtue of his
19(1)(d) of Cap. 367 and section
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
no
his
nationality. Thus, in the absence of any amendment to
our existing constitutional documents/domestic legislation,
(13 Ang '43).
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