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No appeal against court's decision on election petition

In response to media enquiries, a Government spokesman said today (Monday) that the Administration would not appeal against the court's decision regarding the eligibility of Mr Lau San- ching to stand for the September 1994 District Board election.

The spokesman explained that the court, as it emphasised, was only applying the established legal principle on the concept of "ordinary residence" to the particular facts and circumstances of Mr Lau's case. No new legal principle was involved.

"The ruling should not therefore have any significant impact for legislation, including electoral legislation, which employ the 'ordinary residence' concept," he said.

In future, each nomination for candidature will, as now, be considered on its own merits, having regard to the relevant facts and circumstances, including the reasons for any prolonged absence during the 10-year qualifying period, and the individual's mode of life before the qualifying period, the spokesman said.

On the length of the qualifying period, the spokesman said the Administration was actively reviewing the requirement in the light of the

court's comments.

It hopes to be able to come to a view quickly for consultation with the Legislative Council and the community.

End/Monday, March 6, 1995

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