XN000022-1985-04-03 — Page 3

WEDNESDAY, APRIL 3, 1985

GOVT SUPPORTS UNOFFICIALS' CHANGES TO BILL

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THE GOVERNMENT SUPPORTED THE SEVEN ALTERATIONS PROPOSED BY UNOFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL TO THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL 1985, THE CHIEF SECRETARY, THE HON SIR PHILIP HADDON-CAVE, SAID TODAY.

SPEAKING AT THE RESUMED DEBATE ON THE SECOND READING OF THE BILL IN THE LEGISLATIVE COUNCIL, SIR PHILIP SAID THESE HAD BEEN DISCUSSED AT LENGTH WITH THE LAW DRAFTSMEN AND THE COUNCILS AND ADMINISTRATION BRANCH OF THE GOVERNMENT SECRETARIAT.

+IN THIS CONNECTION+, SIR PHILIP SAID, IT IS ALSO GRATIFYING THAT WE HAVE SUCCEEDED TO AN EXTENT IN RESTORING MR BROWN'S FAITH IN THE ATTORNEY GENERAL'S COLLEAGUES IN THE DRAFTING DIVISION OF THE LEGAL DEPARTMENT.

+THE POSITION IS, INDEED, AS MR BROWN HAS BEEN ADVISED NAMELY, THAT AN INDIVIDUAL ACTING ON BEHALF OF A CORPORATE BODY IN A FUNCTIONAL CONSTITUENCY IS NOT AN INDIVIDUAL WITHIN THE MEANING OF CLAUSE 13 (2) OF THE BILL, BUT SIMPLY AN ORDINARY HUMAN BEING, NOT ALL THAT DISSIMILAR FROM THE REST OF US,+ SIR PHILIP SAID.

REFERRING TO CONCERNS EXPRESSED BY A NUMBER OF UNOFFICIALS OVER THE DEFINITION OF +SUBSTANTIAL CONNEXION+, SIR PHILIP EMPHASISED THAT THE DEFINITION CONTAINED IN CLAUSE 2 (4) OF THE BILL WAS NOT EXHAUSTIVE, NOR WAS IT INTENDED TO DE.

+THE OBJECT OF INTRODUCING THIS CONCEPT IS TO ENSURE,

AS I EXPLAINED WHEN MOVING THE SECOND READING ON MARCH 13, THAT CANDIDATES FOR ELECTION TO THE LEGISLATIVE COUNCIL ARE COMPETENT TO REPRESENT THE INTERESTS OF THE CONSTITUENCY AS A WHOLE BY VIRTUE OF THE IR PERSONAL EXPERIENCE AND INVOLVEMENT IN THE FUNCTIONAL AREA CONCERNED AND SO AVOID A SITUATION IN WHICH A PERSON WITH NO CONNECTION WITH THE FUNCTIONAL AREA IS ELECTED.

THE TERM 'SUBSTANTIAL CONNEXION' IS INCAPABLE OF BEING PRECISELY DEFINED FOR ITS MEANING EMBRACES A HOST OF VARIABLES AND PERMUTATIONS. THIS IS THE REASON WHY WE HAVE SOUGHT TO EXPLAIN THE CONCEPT BY WAY OF EXAMPLES, HE SAID.

HOWEVER, SIR PHILIP ASSURED MEMBERS THAT, IN THE UNLIKELY EVENT OF THE REGISTRATION OFFICER BEING CALLED UPON TO DETERMINE WHETHER OR NOT AN ASPIRANT CANDIDATE DID HAVE A +SUBSTANTIAL CONNEXION+, HE WOULD BE WELL BRIEFED AND WOULD APPLY COMMON SENSE.

+I SAY 'IN THE UNLIKELY EVENT', FOR WE PROPOSE IN THE UPCOMING LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS TO PROVIDE THAT A CANDIDATE WILL NEED TO BE ENDORSED BY 10 ELECTORS IN THE CONSTITUENCY BEFORE HE MAY STAND WHICH, IN ITSELF, WILL GO A LONG WAY TO ESTABLISHING THAT THERE EXISTS A 'SUBSTANTIAL CONNEXION', FOR PRESUMABLY THOSE ELECTORS WILL ALSO EXERCISE COMMON SENSE WHEN TAKING A VIEW ON THE CANDIDATE'S CLAIM TO HAVE A SUBSTANTIAL CONNEXION,+ HE SAID.

/ON DR