XN000022-1987-12-09 — Page 12

10

WEDNESDAY, DECEMBER 9, 1987

"THE RESULTS OF PUBLIC

DISTRICT ADMINISTRATION;

AND

CONSULTATION ON THE 1986 REVIEW ON THE 1987 REVIEW OF DEVELOPMENTS IN REPRESENTATIVE GOVERNMENT BORNE OUT THE NEED TO LEGISLATE AGAINST SUCH UNDESIRABLE PRACTICES.

"

MISS TAM SAID MEMBERS OF THE LEGISLATIVE COUNCIL AD HOC GROUP SET UP TO EXAMINE THE BILL, OF WHICH SHE WAS CONVENER, WERE CONCERNED THAT WHERE A CANDIDATE HAD RECEIVED THE WRITTEN CONSENT OF A SUPPORTER, WHO THEN OUT OF MALICE OR GENUINE REGRET WITHDREW HIS SUPPORT, THE CANDIDATES WOULD HAVE NO DEFENCE

ΤΟ CHARGES UNDER THE BILL.

THE SAME WOULD APPLY TO CASES IN WHICH THE SUPPORTER WAS AN ORGANISATION WHOSE OFFICE-BEARERS GAVE A WRITTEN CONSENT IN THE NAME OF THE ASSOCIATION WITHOUT THE PROPER AUTHORITY OF THE EXECUTIVE COMMITTEE. THE CANDIDATE WOULD AGAIN HAVE NO DEFENCE TO CHARGES UNDER THE BILL.

"WE THEREFORE INSIST THAT A DEFENCE OF "REASONABLE EXCUSE" BE WRITTEN INTO THE LAW, BUT IN ORDER TO ENSURE THAT THE LAW CANNOT BE EASILY ABUSED, WE SPECIFY THAT AN ORAL CONSENT CANNOT CONSTITUTE A REASONABLE EXCUSE," SHE SAID.

SHE SAID THAT THIS AMENDMENT DEALT WITH LEGISLATIVE COUNCILLOR MR DESMOND LEE'S "BANANA SKIN" THEORY IN THAT THE CANDIDATE WHO AT THE BEGINNING HAD OBTAINED THE WRITTEN CONSENT OF A DEVIOUS SUPPORTER WOULD IN FACT HAVE A GOOD DEFENCE.

SHE ADDED THAT THE GOVERNMENT AGREED WITH THE AMENDMENTS, WHICH WOULD SUBSEQUENTLY BE MOVED BY HON MRS PAULINE NG

DURING THE COMMITTEE STAGE OF THE BILL.

MISS TAM ALSO NOTED THAT THE LEGISLATIVE AD HOC GROUP HAD DISCUSSED AT LENGTH WHETHER THERE SHOULD BE PROVISIONS IN LAW TO

DEAL WITH SUBSEQUENT WITHDRAWALS OF CONSENT, SUCH AS WHETHER WITHDRAWAL SHOULD BE DONE IN WRITING AND HOW SOON SHOULD IT EFFECT.

THE

TAKE

A MAJORITY OF THE AD НОС GROUP MEMBERS BELIEVED THAT THE CANDIDATE SHOULD BE SELECTIVE IN CHOOSING HIS SUPPORTERS, AND VICE VERSA, AND THERE MUST BE REAL UNDERSTANDING BETWEEN HIM AND THE SUPPORTER OF THE SERIOUSNESS OF GIVING PERSONAL ENDORSEMENT TO THE CANDIDATE.

"THE CANDIDATE MUST THINK THAT IT IS TO HIS ADVANTAGE ΤΟ OBTAIN SUCH ENDORSEMENT AND MUST THEREFORE TAKE THE RISK IF НІЯ JUDGEMENT OF CHARACTER OF THE SUPPORTER IS INCORRECT. THE SUPPORTER MUST ALSO BE CAREFUL ABOUT HIS OWN CHOICE OF CANDIDATE AND IN ANY EVENT HE CAN OBTAIN AN INJUNCTION UNDER SECTION 16(3) OF ORDINANCE AS A REMEDY IF HE WITHDREW HIS SUPPORT," SHE SAID.

THE

/MISS TAM