XN000022-1985-04-03 — Page 10

WEDNESDAY, APRIL 3. 1985.

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MORE THOUGHT NEEDED BILL BROWN

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MUCH MORE THOUGHT HAD TO BE GIVEN TO THE SELECTION OF BOTH ELECTORS AND CANDIDATES IF THE METHOD OF INDIRECT ELECTION THROUGH FUNCTIONAL CONSTITUENCIES WERE TO BE CONTINUED, THE HON BILL BROWN SAID IN THE LEGISLATIVE COUNCIL TODAY.

SPEAKING AT THE RESUMED DEBATE ON THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL 1985, MR BROWN ASKED: +WHY, FOR EXAMPLE, SHOULD FOREIGN CORPORATE BODIES WHO MAY ONLY HAVE BEEN IN HONG KONG A FEW MONTHS QUALIFY AS VOTERS - THROUGH MEMBERSHIP OF AN ASSOCIATION WHILE FOREIGN BUSINESSMEN, WHO MAY HAVE SPENT MOST OF THEIR CAREERS IN HONG KONG, BE DISQUALIFIED AS BEING CANDIDATES UNLESS THEY HAVE 10 YEARS CONTINUOUS RESIDENCE?+

HE BELIEVED HONG KONG BELONGER STATUS WOULD BE A MORE EQUITABLE QUALIFICATION IN THE LATTER CIRCUMSTANCES.

MR BROWN SAID THAT ON A MORE FUNDAMENTAL ISSUE, ONE COULD QUERY THE RATIONALE FOR FRAMING THIS BILL TO BE BROADLY SIMILAR WITH EXISTING ELECTORAL LAW INSOFAR AS IT RELATED TO THE URBAN COUNCIL ORDINANCE, THE DISTRICT BOARDS ORDINANCE AND THE ELECTORAL PROVISIONS ORDINANCE.

WHILE ACCEPTING TIME CONSTRAINTS AS A VALID REASON, HE POINTED OUT THAT THE FUNCTIONS OF THE LAW-MAKING LEGISLATURE WERE SO DIFFERENT FROM THE OTHER COUNCILS THAT EXISTING PROCEDURES SHOULD DO NO MORE THAN ACT AS GUIDELINES.

+ IN THE LONGER TERM IS IT REALLY APPROPRIATE FOR REGULATIONS COVERING SUCH VITAL ISSUES AS THE NOMINATION OF CANDIDATES, THE PROCEDURES FOR VOTING AND EVEN THE QUALIFICATIONS OF ELECTORS, TO BE DETERMINED BY THE GOVERNOR-IN-COUNCIL BY WAY OF REGULATIONS?+ HE ASKED.

MR BROWN CONCEDED THAT SUBSIDIARY LEGISLATION HAD TO BE LAID ON THE TABLE OF THE LEGISLATIVE COUNCIL, BUT HE CONCURRED WITH HIS COLLEAGUES THAT FOR ISSUES OF THIS IMPORTANCE, FORMAL RESOLUTIONS OF THE COUNCIL WOULD BE MORE OPEN AND MORE APPROPRIATE.

MR BROWN OBSERVED THAT THE MAIN OBJECTIVE OF THE BILL WAS TO PROVIDE FOR THIS YEAR'S INDIRECT ELECTION OF MEMBERS TO THE LEGISLATIVE COUNCIL.

+ IT WILL CERTAINLY ACHIEVE THAT, BUT WILL IT DO SO IN A WAY THAT LEAVES NO CONFUSION IN THE MINDS OF BOTH ELECTORS AND CANDIDATES AS TO THEIR VARIOUS RIGHTS AND OBLIGATIONS?

+MOREOVER WILL IT PLACE ON THE STATUTE BOOK LEGISLATION THAT WE SHALL FEEL COMFORTABLE WITH IN 1988 AND SUBSEQUENT ELECTION YEARS?+ HE ASKED.

/HE SHARED

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