TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 117

CONFIDENTIAL

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IS ELECTED ONCE HAS COLD FEET HE REMAINS DISQUALIFIED FOR LIFE

AND NOT MERELY REQUIRED TO VACATE HIS SEAT UNDER CLAUSE 9 AND

POSSIBLY REMAIN DISQUALIFIED FOR THE REST OF THE LEGISLATIVE TERM

FOR WHICH HE WAS ELECTED. THIS SEEMS A LITTLE HARSH.

5. CLAUSE 14(2). THE SECOND PART OF THIS CLAUSE IS NEW. IT

WOULD APPEAR TO ENTITLE A TRADE UNION TO BE REGISTERED IN BOTH

PARTS OF THE LABOUR ELECTORAL DIVISION AND, APPARENTLY TO VOTE IN

BOTH PARTS OF THE CONSTITUENCY IE FOR TWO ELECTED MEMBERS SEE

PARAGRAPH 7 OF THE EXPLANATORY MEMORANDUM. YOU MAY WISH TO SEEK

CLARIFICATION OF THIS PROPOSAL.

6.

CLAUSE 21(H). THE CROSS-REFERENCE SHOULD BE TO PARAGRAPH

(C), NOT TO PARAGRAPH (D).

7. CLAUSE 24(D). I COMMENTED IN MY PREVIOUS MINUTE THAT I WOULD

HAVE EXPECTED SOME INDICATION SHOULD BE PROVIDED IN THE PRINCIPAL

LEGISLATION AS TO THE KIND OF CIRCUMSTANCES IN WHICH THE

COUNTERMANDERING OF AN ELECTION WAS PERMISSIBLE. I SHOULD POINT

OUT HOWEVER THAT PROVISION FOR COUNTERMANDERING ELECTIONS ON THE

DEATH OF A CANDIDATE IS CONTAINED IN A PRINCIPLE UNITED KINGDOM

ACT, NOT IN REGULATIONS.

8.

CLAUSE 28(G) AND (H). THESE ARE NEW, AS IS THE REFERENCE

TO THE DETERMINATION' OF THE RESULT OF AN ELECTION IN PARAGRAPH

(K). THEY ARE APPARENTLY INTRODUCED TO MAKE PROVISION FOR THE

DETERMINATION BY EXCO THAT CANDIDATES SHALL BE ELCTED BY AN

ABSOLUTE MAJORITY. IN THE UNITED KINGDOM THE PRESCRIBED MAJORITY

'FIRST PAST THE POST' IS SET OUT IN THE SCHEDULE TO THE

REPRESENTATION OF THE PEOPLE ACT ITSELF. IT IS FOR CONSIDERION

WHETHER THE LEGISLATIVE COUNCIL OF HONG KONG WOULD NOT EXPECT

SUCH A PROVISION TO BE SET OUT IN THE PRINCIPLE LEGISLATION. 'ENDS

9. GRATEFUL IF YOU WOULD CONSIDER THESE POINTS.

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COULD YOU PLEASE ALSO CLARIFY THE POINT AT PARA 5 ABOVE?

HOWE

LIMITED

HKD

FED

SIR W HARDING

DR WILSON

COPIES TO:

MR FIFOOT, LEGAL ADVS

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CONFIDENTIAL