TNAG-1356-FCO40-1797-Constitutional-development-in-Hong-Kong-1985 — Page 196

[C01ALM]

MILETFOOD,

Froot

ifoot, Deputy Legal Adviser

RESTRICTED

Reference.....

R+Rise. M.

HKKK 011/1

Mr. Ward (lagel Albin)

DEPENDENT TERRITORIES CONSTITUTION: OF THE LEGISLATURE

A

1.

I enclose a copy

of a

B

DI SQUALIFICATION OF MEMBERS

minute from the Dependent Territories Adviser concerning the disqualification from membership of the Legislature of a Dependent Territory of any member who has received a sentence

of imprisonment exceeding twelve months.

2.

The Hong Kong Legislative Council (Electoral Provisions) Ordinance, Section 21, provides for the disqualification of a person either

either from seeking election or from holding office as an elected member of LegCo if he ог she has been sentenced to imprisonment in Hong Kong or any other place for a period exceeding 3 months. I assume that this is sufficient to avoid in Hong Kong the difficulties encountered in the Turks and Caicos Islands and that consequently we need not associate Hong Kong with the proposed amendment. (In view also of the current local

sensitivity that surrounds proposals

for constitutional amendments in Hong Kong, I would for political reasons prefer not associate Hong Kong with this change if we can reasonably do

so.)

3.

I should however be grateful for your advice on this matter and particularly for your confirmation that Section 21 does provide for the disqualification of a member

a member of LegCo who is

sentenced to imprisonment subsequent to his ог her election.

нин HHK Onl

CLIVED

14 POV 1:35

E Leeks Hong Kong Department

WH 312

233 4439

11 November 1985 I Tho was

Mi bech

1

- ре

Ctr

to

Cor.

pre byt & WIAD confirm the Section 21 (c), (g)

and (h)

are

Sufficieb

to

awid

juch

diffultives

in Hay Kong

and

the ther

is therefore

As

neach

to

conside

in

any clanger

RESTRICTED

respect

іл порив 1 Ноз кому

Mcwoord

12/11