TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 307

SECRET

SECRET

HKK

FM HONG KONG 1605002 JUL 34

1. 011/3

TO IMMEDIATE FCO

TELEGRAM NUMBER 1955 OF 16 JULY

1 7 JUL 1934

ར

INFO IMMEDIATE PEKING

-246

YOUR TELNO 1231 LEUTURE OF HONG KONG DISTRICT BOARD ELECTIONS.

既

1. THE DISTRICT BOARDS ORDINANCE (1981) PROVIDED FOR DISTRICT BOARDS,

TO BE SET UP CONSISTING OF :

(A) MEMBERS APPOINTED BY THE GOVERNOR:

(B)

ELECTED MEMBERS: AND

(C)

IN THE CASE OF THE NEW TERRITORIES DISTRICT BOARD THE CHAIRMAN

OF THE LOCAL RURAL COMMITTEE.

2.

ONE OF THE PROVISIONS OF THE ELECTORAL PROVISIONS ORDINANCE

(1981) DISQUALIFIES A PERSON FROM BEING ELECTED, OR NOMINATED AS A CANDIDATE, OR HOLDING OFFICE, AS A MEMBER OF A DISTRICT BOARD, IF

ANY ONE OF EIGHT CONDITIONS APPLIES. THE FIFTH OF THESE IS IF HE

''IS A MEMBER OF ANY PARLIAMENT, ASSEMBLY OR COUNCIL, WHETHER CENTRAL OR LOCAL, OF A FOREIGN COUNTRY OR A SALARIED FUNCTIONARY OF A

FOREIGN GOVERNMENT''.

3.

ON 3 JULY EXCO CONSIDERED MEMORANDUM XCC(84)72, RECOMMENDING

LEGISLATION TO MAKE CERTAIN AMENDMENTS AND ADJUSTMENTS TO THE

ELECTION PROCEDURE FOR ELECTIONS TO THE URBAN COUNCIL AND DISTRICT

BOARDS. IT WAS NOTED THAT, ALTHOUGH THE GOVERNOR'S POWER OF APPOIN-

TMENT AND THE ELECTORAL PROVISIONS ORDINANCE PROVIDED SAFEGUARDS

AGAINST UNSUITABLE PERSONS BECOMING MEMBERS OF DISTRICT BOARDS

RESPECTIVELY IN CATEGORIES (A) AND (B) OF PARA 1 ABOVE, NO SUCH SAFEGUARD EXISTED FOR CATEGORY (C) 1.5. THE CHAIRMEN OF RURAL

COUNCILS. IT WAS AGREED THAT THIS LOOPHOLE SHOULD BE CLOSED. ACCORDINGLY THE DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MICČE- LLANEOUS AMENDMENTS) BILL, INCLUDES A PROVISION TO AMEND THE DISTRICT BOARDS ORDINANCE SO AS TO DISQUALIFY THE CHAIRMAN OF A RURAL COMMITT-

EE FROM ATTENDING, TAKING PART IN OR VOTING AT ANY MEETING OF A

DOARD IN CIRCUMSTANCES SIMILAR TO THE DISQUALIFICATIONS IN THE

ELECTORAL PROVISIONS ORDINANCE. ONE SUCH DISQUALIFYING CONDITION

IS IDENTICAL WITH THAT IN THE LAST SENTENCE OF PARA 2 ABOVE.

4. THE SUMMARY IN PARA 10 OF HONG KONG TELHO 1905 OF THE TA KUNG

PAG COMMENTARY OF 12 JULY WAS OVER-COMPRESSED. AFTER EXPLAINING THAT

THE NEW BILL WOULD DISQUALIFY A RURAL COMMITTEE CHAIRMAN WHO WAS A

MEMBER OF A FOREIGN PARLIAMENT ETC. THE COMMENTARY CLAIMED THAT A

GOVERNMENT SPOKESMAN HAD PEITERATED AFTER THE BILL'S PUBLICATION

THAT NO PERSON WHO WAS A MEMBER OF A FOREIGN PARLIAMENT OR COUNCIL

COULD CONTEST DISTRICT COARD ELECTIONS. THE COMMENTARY CONTINUED

THAT ALTHOUGH BRITAIN WOULD ADMINISTER HONG KONG FOR THE NEXT 13

YEARS, IT WAS STILL CHINA'S SOVEREIGN TERRITORY. WHAT WAS MEANT BY

'FOREIGN'? NEWSPAPERS AND GOVERNMENT OFFICIALS HAD MADE IT CLEAR

THAT CHINESE NPC AND CPPCC DELEGATES WERE AMONG THOSE DISQUALIFIED.

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