3
revised draft is to itemise the instances set out in clause 21 as read with clause 9 of the Electoral Bill which ought to be common to both categories.
(e) Question of right to sit
The new clause XVIIIA which was proposed in our original draft amendments enclosed with my letter of 30 November 1984, and reflected in Fifoot's redrafts, is no longer considered to be appropriate. The Electoral Bill provides for two instances referable to the High Court these are election petitions in
-
Part VII and special proceedings for challenging the claims of "pretenders" in clause 44. Neither of these provisions is appropriate in the case of Appointed members. Also, the provision for suspending Appointed members under new clause XIII of the Instructions is not appropriate in respect of Elected members. The proposed new clause XVIIIA has therefore been deleted and the status quo has been pre- served in that particular respect.
(f) Royal Instruction XXVI.
not to be assented to
Description of Bills
We do not favour the amendment to this Instruction suggested by Fifoot. The need for reference is not clear and could cause difficulties if occasion arises for urgent amendments to the electoral legislation, some of which may be minor but necessary in the light of developments (as often happens in election situations). This proposed amendment is not, therefore, included in our revised draft.
I hope that it will be possible for the revised drafts enclosed with this letter to be accepted by your Legal Adviser and for final versions to be completed and made in time to enable us to introduce our Electoral Bill into the Legislative Council on 13 March at the latest. This timing is critical if we are to achieve our objective of holding the first elections to the Legislative Council in September this year.
/I should
No comments yet.
Private notes are available after approval.