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Electoral Provisions (Miscellaneous Amendments) Bill 1995

Following is the speech by the Secretary for Constitutional Affairs, Mr Nicholas Ng, in moving the second reading of the Electoral Provisions (Miscellaneous Amendments) Bill 1995 in the Legislative Council today (Wednesday):

Mr President,

I move that the Electoral Provisions (Miscellaneous Amendments) Bill be read/ the second time.

The current Bill comprises two sets of amendments. The first set proposes to transfer a number of statutory powers and functions vested in the Governor in his former capacity as the Legislative Council President to other authorities. The second set of amendments proposes to reduce the residential qualifying period for candidature.

Let me start with the first set of proposals. Following the Governor's stepping down from this Council's Presidency in February 1993, some statutory powers and functions vested in the Governor in his former capacity as the President will need to be transferred to other authorities. I shall briefly explain these powers and functions, and the respective amendments in the Bill.

First, at present, a Member elected to this Council shall be treated as having accepted office unless he gives notice in writing to the Governor of his non-acceptance within 7 days after the election result is published in the Gazette. Clauses 2 and 10 of the Bill provide that the requisite notice should henceforth be given to the Clerk to this Council.

Secondly, an elected Member of this Council may now resign by giving notice in writing to the Governor. Clauses 3 and 11 provide that in future such notices should' be given to either the Legislative Council President or the Clerk to the Legislative Council. The Clerk is included as one of the "authorised recipients" to cater for situations where it is the President who resigns, or when the President is not available.

Thirdly, existing electoral legislation provides that an elected Member of this Council who has failed for three consecutive months in the same Legislative Council session to attend any sitting of the Council will be disqualified, unless the absence is excused by the Governor. Clauses 4 and 12 provide that in future the President of this Council shall have the power to excuse non-attendance.

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