CONFIDENTIAL

XCX(93)8

LEGISLATIVE TIMETABLE

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Subject to Members' approval of the introduction of this Bill into

the LegCo, the legislative timetable will be

Publication in the Gazette

5 February 1993

First Reading and

commencement of the

Second Reading debate

Resumption of Second Reading

debate, committee stage and Third Reading

10 February 1993

to be notified

BILL OF RIGHTS IMPLICATIONS

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Under Article VII(3) of the Letters Patent, new legislation must be consistent with the International Covenant on Civil and Political Rights (ICCPR), which contains provisions similar to the Bill of Rights (BOR) Ordinance. There are no BOR implications for this Bill. However, the provision to disqualify a member of the Commission from being nominated as an election candidate or holding office as a member of the LegCo, Municipal Councils and District Boards during his term of office in the Commission and during the first two years immediately afterwards may be seen to be causing BOR concerns.

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Article 25(b) of the ICCPR guarantees to every person the right, without unreasonable restrictions, to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and by secret ballot. The above disqualification provision is a reasonable restriction to ensure that a member of the Commission would not take advantage of his powers and duties of delineating the boundaries of constituencies. It is therefore not inconsistent with Article 25(b) of the ICCPR.

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