TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 119

CONFIDENTIAL

holding office as an elected member if he is

"disqualified from

holding office as an elected

member under any enactment". Clause 6(2) is an

enactment and therefore it may be held that the effect

of Clause 21(e) read with Clause 6 (2) is that if a

candidate who 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.

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 an explanation of this proposal.

Clause 21 (h). The cross-reference should be to

paragraph (c), not to paragraph (d).

Clause 24 (d). I commented in my previous minute

that I would have expected some indication should be

provided in the principle legislation as to the kind

of circumstances in which the countermandering of an

election was permissible. Hong Kong does not appear

to consider this necessary. 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.

2

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/Clause 28 (g)