WEDNESDAY, OCTOBER 26, 1994

THE CHINESE SIDE HAVE RECENTLY INDICATED THAT THE ADAPTATION OF LAWS PROGRAMME RAISES THE QUESTION OF SOVEREIGNTY AND IS A MATTER FOR THEM, ALTHOUGH THE MODALITIES OF HOW THE MATTER SHOULD BE RESOLVED HAVE NOT BEEN MADE KNOWN. BUT WHATEVER THE SOLUTION TO THE QUESTION OF MODALITY, THERE IS STILL THE NEED TO WORK OUT PRECISELY WHAT CHANGES SHOULD BE MADE TO THE ENTIRE BODY OF HONG KONG'S LAWS SO AS TO MAKE THEM COMPATIBLE WITH THE BASIC LAW. THIS IS IMPORTANT, NOT ONLY TO LAWYERS BUT ALSO TO BUSINESSMEN AND INDEED OUR COMMUNITY AS A WHOLE. WE THUS REMAIN OF THE VIEW THAT IT IS IMPORTANT TO RESOLVE THESE IMPORTANT ISSUES AS SOON AS POSSIBLE TO ENSURE THE CERTAINTY AND THE CONTINUITY OF OUR LAWS BEYOND 1997. WE HAVE AN AGREEMENT IN THE JLG THAT THE TWO SIDES SHOULD DISCUSS THIS MATTER. ON OUR PART, WE WILL CONTINUE TO ENGAGE THE CHINESE SIDE ON THE ADAPTATION OF LAWS PROGRAMME AND WE HOPE TO MAKE PROGRESS.

THE ELECTORAL SYSTEM

I WOULD NOW LIKE TO TURN TO OUR ELECTORAL SYSTEM. IN JUNE, THIS COUNCIL APPROVED THE LEGISLATION TO PROVIDE FOR THE 1994/95 ELECTORAL ARRANGEMENTS. ON 18 SEPTEMBER WE SUCCESSFULLY CONDUCTED THE DISTRICT BOARD ELECTIONS UNDER THE NEW ARRANGEMENTS. JUDGING FROM THE RECORD NUMBER OF CANDIDATES NOMINATED AND THE RECORD NUMBER OF ELECTORS WHO CAME OUT TO VOTE IN SUCH ELECTIONS, WE DARE SAY THAT WHAT MEMBERS APPROVED DID HAVE CONSIDERABLE PUBLIC SUPPORT. OUR NEXT TASK IS TO ENSURE THAT THE ELECTIONS TO THE MUNICIPAL COUNCILS IN MARCH 1995 AND THE LEGISLATIVE COUNCIL IN SEPTEMBER 1995 WILL BE OPEN AND FAIR, AND COMMAND THE RESPECT OF THE COMMUNITY.

THE BOUNDARY AND ELECTION COMMISSION IS NOW FOCUSING ON THE PREPARATIONS OF THESE TWO SETS OF ELECTIONS. THERE ARE TWO PARTICULAR THE ISSUES, THE NINE FUNCTIONAL CONSTITUENCIES AND THE ACCURACY OF VOTER REGISTER, WHICH HAVE ATTRACTED CONSIDERABLE PUBLIC ATTENTION AND I WOULD LIKE TO SAY A FEW WORDS ON THEM.

THE NINE NEW FUNCTIONAL CONSTITUENCIES

FIRST, ON THE NINE NEW FUNCTIONAL CONSTITUENCIES, THERE STILL APPEARS TO BE SOME CONFUSION ABOUT THE BASIS FOR THE DELINEATION OF THE NINE NEW FUNCTIONAL CONSTITUENCIES AND A REMINDER OF THE BASIC PRINCIPLES, AS APPROVED BY THIS COUNCIL, IS CALLED FOR.

DELINEATION OF THE NINE NEW FUNCTIONAL CONSTITUENCIES WILL BE BASED ON THE BROAD INDUSTRIAL SECTORS UNDER THE HONG KONG STANDARD INDUSTRIAL CLASSIFICATION (HSIC). THIS CLASSIFICATION IS DERIVED FROM INTERNATIONALLY ACCEPTED SYSTEM FOR CLASSIFYING ECONOMIC ACTIVITIES. OUR WORK FORCE WILL BE GROUPED ACCORDING TO THE MAJOR ACTIVITIES OF THE ESTABLISHMENTS IN WHICH THEY WORK. A WORKING PERSON'S POST OR OCCUPATION IN THE WORK ORGANISATION IS NOT THE DETERMINING FACTOR. FOR EXAMPLE, A DRIVER WHO WORKS FOR A MANUFACTURING FACTORY SHOULD REGISTER IN THE MANUFACTURING FUNCTIONAL.CONSTITUENCY. SIMILARLY, DRIVER WHO WORKS IN AN IMPORT/EXPORT FIRM SHOULD REGISTER WITH IMPORT AND EXPORT FUNCTIONAL CONSTITUENCY. THE DRIVER WILL NOT REGISTERED UNDER THE TRANSPORT AND COMMUNICATION FUNCTIONAL CONSTITUENCY IN THESE TWO EXAMPLES. THE CHOICE OF A PARTICULAR FC FOR AN EMPLOYEE IS THEREFORE DEPENDENT ON THE MAIN LINE OF BUSINESS OF HIS EMPLOYER.

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