XN000022-1993-12-15 — Page 36

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WEDNESDAY, DECEMBER 15, 1993

"SECONDLY, THE LEGISLATIVE COUNCIL WILL BE PERMITTED TO EXTEND THE 28-DAY PERIOD TO THE NEXT SITTING, IRRESPECTIVE OF WHEN THAT SITTING TAKES PLACE.

"FINALLY, THE WORD 'SITTING' IS DEFINED TO MEAN THOSE OCCASIONS WHERE THE DISCUSSION OF SUBSIDIARY LEGISLATION IS ON THE ORDER PAPER.

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AMENDMENTS TO THE BILL ALSO INCLUDE A CLAUSE THAT CONCERN CRIMINAL PENALTIES AND CLARIFIES AN APPARENT INCONSISTENCY BETWEEN SECTION OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE AND ARTICLE 12 OF THE BILL OF RIGHTS ORDINANCE.

THE

UNDER SECTION 92, WHERE A CRIMINAL PENALTY IS VARIED BETWEEN THE TIME OF COMMISSION OF AN OFFENCE AND THE TIME OF CONVICTION, OFFENDER IS LIABLE TO THE PENALTY PREVAILING AT THE TIME COMMISSION.

OF

12

OF

IS

IS

"THE

SECTION, HOWEVER, MUST BE READ SUBJECT TO ARTICLE THE BILL OF RIGHTS ORDINANCE. THIS STATES THAT WHERE A PENALTY VARIED BETWEEN THE TIME OF COMMISSION AND CONVICTION, THE OFFENDER ONLY LIABLE TO THE LESSER PENALTY.

"ALTHOUGH THE LEGAL POSITION IS CLEAR, IT IS DESIRABLE THAT THE OPPORTUNITY BE TAKEN TO REMOVE THIS APPARENT INCONSISTENCY.'

rt

GOVT STILL WAITING FOR RESPONSE FOR NEXT ROUND OF TALKS

IN ORDER TO GIVE THE 1994/95 ELECTORAL ARRANGEMENTS TALKS THE MAXIMUM CHANCE TO SUCCEED, IT IS AGREED THAT THE NEGOTIATIONS WOULD TAKE PLACE IN CONFIDENCE, THE SECRETARY FOR CONSTITUTIONAL AFFAIRS, MR MICHAEL SZE, SAID TODAY (WEDNESDAY).

REPLYING TO A QUESTION BY THE HON ERIC LI IN THE LEGISLATIVE COUNCIL, MR SZE SAID IT WAS STILL THEIR POSITION.

"IN THIS CIRCUMSTANCES IT WOULD NOT BE RIGHT TO GIVE A PUBLIC ACCOUNT AT THIS STAGE OF ALL THE DISCUSSIONS, MR SZE SAID.

"I

WHEN THE TALKS STARTED IN APRIL, THE GOVERNMENT EXPLAINED IN PUBLIC THE BASIS FOR THE TALKS, MR SZE ADDED.

THE GOVERNMENT REMAIN READY TO CONTINUE WITH THE TALKS ON THE AGREED BASIS, IN AN ATTEMPT TO SEEK AGREEMENT ON THE REMAINING, MORE COMPLEX ISSUES NOT COVERED IN THE ELECTORAL PROVISIONS (MISCELLANEOUS AMENDMENTS) (NO. 2) BILL 1993.

**WE ARE STILL WAITING FOR THE CHINESE SIDE'S RESPONSE ΤΟ OUR PROPOSAL FOR DATES FOR THE NEXT ROUND, THE SECRETARY SAID.

**

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