20
21
Part III (clauses 12 to 15) deals with the electoral franchise and eligibility to register as an elector.
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1
Electoral divisions
Electors
Number of elected
Members
Constituencies
(b) Members of the
Hong Kong Institute of Architects entitled to vote at general meetings of the Institute.
(c) Members of the
Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute.
(d) Members of the
Hong Kong Institute of Planners entitled to vote at general meetings of the Institute.
Explanatory Memorandum
The object of this Bill is to provide for the indirect election of Members to the Legislative Council and to give effect to the proposals contained in the White Paper entitled the "Further Development of Representative Government in Hong Kong" which was published and laid before the Legislative Council in November 1984. In order to be consistent with existing electoral law, this Bill is broadly similar to the Urban Council Ordinance, the District Boards Ordinance and the Electoral Provisions Ordinance.
2. Part I (clauses 1 and 2) of the Bill contains the short title and interpretation clause.
3. Clause 2 includes similar definitions as contained in existing electoral law but also defines "electoral college constituency", "functional constituency", "elected Member" and "electoral division” etc. The concept of a "substantial connexion" with a functional constituency has been introduced in the case of such a constituency where the relevant electors, either wholly or in part, comprise corporate bodies and must, as a consequence, be represented by an individual "connected" with that constituency, e.g. a director or manager of a bank in the case of the Financial functional constituency.
4. Part II (clauses 3 to 11) deals with the holding of elections, the estabish- ment of electoral college constituencies and functional constituencies and general provisions for the election of Members including the filling of casual vacancies.
5. Clause 3 provides for elections in 1985 and every 3 years thereafter unless there is a prior dissolution of the Legislative Council. Clause 4 identifies the electoral college constituencies and functional constituencies respectively by reference to the First and Second Schedules. Clause 5 provides for the tenure of office of elected Members and eligibility for re-election. Clause 6 provides that an elected Member must give notice to the Governor of his acceptance of office within 30 days of his election and that if he fails to do so he will cease to hold office. Clause 7 provides for notice of resignation of elected Members. Clause 8 provides that if an elected Member does not attend meetings of the Legislative Council for a period of 3 months, he shall cease to hold office unless his absence has been excused by the Governor. Clause 9 sets out the various circumstances (e.g. resignation or conviction of an offence) whereby casual vacancies arise. Clause 10 provides for the declaration of such a vacancy and clause 11 provides for the filling of that vacancy by an election.
.V..
7. Clause 12 provides that only those persons who are registered as electors in either an electoral college constituency or a functional constituency shall be entitled to vote in those constituencies. Clause 13 specifies which persons are entitled to be registered as electors and does so by reference to the First and Second Schedules. Generally, individuals must be registered as electors under the Electoral Provisions Ordinance except that, for the 1985 election only, those who would have been eligible to so register will be accepted for registration under this Bill. Clause 14 restricts the plural registration of persons who would otherwise be entitled to be registered in more than one electoral college constituency or functional constituency. However, this restriction does not prevent trade unions being registered in both Labour electoral divisions because the Labour functional constituency will return 2 elected Members. Clause 15 sets out the various disqualifications from voting (e.g. commit- ting a corrupt or illegal practice or serving a sentence of imprisonment).
Part IV (clauses 16 to 19) deals with the registration of electors.
8.
9. Clause 16 provides for the appointment of a registration officer and assistant registration officers. Clause 17 provides for the coming into force of a final register of electors and permits the registration officer to correct any minor errors in that register such as incorrect names or addresses. Clause 18 provides for the appointment of a revising officer to hear appeals from the decisions of the registration officer. Clause 19 provides that the Governor in Council may make regulations relating to the registration of electors, the form of the registers etc.
10. Part V (clauses 20 to 22) deals with the qualifications for candidature and eletion of members.
11. Clause 20 provides that a candidate must be registered as an elector under the Electoral Provisions Ordinance or, in the case of a candidate for a functional constituency for the 1985 election only, that he is so registered or entitled to be so registered. Further, in the case of a functional constituency, a candidate must have a substantial connexion (as defined in clause 2) with that constituency. A residential qualification of 10 years is also required for both types of constituency. Clause 21 sets out the various means by which a person is disqualified from being nominated as a candidate or continuing to hold office if he is already elected (e.g. being convicted of treason or becoming bankrupt). Clause 22 provides that a person shall not be nominated in an election as a candidate for more than one constituency.
12. Part VI (clauses 23 to 28) deals with elections.
13. Clause 23 provides that the Governor may appoint a returning officer and assistant returning officers for each constituency. Clause 24 casts on the returning officer the duty of supervising elections. Clause 25 provides that minor contraventions of electoral regulations shall not invalidate an election and that minor mis-descriptions in the register (e.g. incorrect names or identity card numbers of electors) shall not invalidate the election. Clause 26 provides for the presumption of the validity of an election unless it is questioned by an election petition. Clause 27 provides for offences committed by the returning officer or his staff. The Attorney General must consent to any prosecution. Clause 28 provides that the Governor may make regulations relating to the supervision and procedure of elections (e.g. designation of polling stations, procedure for voting at elections in electoral college and functional constituencies and the counting of votes).
14. Part VII (clauses 29 to 40) deals with election petitions.
15. Clause 29 sets out the grounds on which an election may be questioned by an election petition. Clause 30 provides that 10 or more electors or a candidate may present an election petition. Clause 31 sets out who may be made a respondent to the petition. Clause 32 sets out the jurisdiction of the Court in respect of an election petition including the making of rules by the Chief Justice. Clause 33 provides for a time limit of 2 months after an election for the presentation of an election petition. Clause 34 provides for security for costs. Clause 35 provides for the determination by the Court of any question raised by an election petition. Clause 36 provides for the withdrawal of an election petition and for the substitution of a petitioner and costs
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