TNAG-1611-FCO40-2214-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 60

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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its

proper authority of the Executive Committee or

members thereof, the candidate will have no defence

section

sution

to the charges under $17 (1) or $17 (2) and be disqualified for 10 years from standing for

elections. We therefore insist that a defence of

reasonable excuse be written into the law, but in

order to ensure that the law cannot be easily

abused, we specify that an oral consent cannot

constitute a reasonable excuse.

This amendment deals with Mr. Desmond LEE'S

"banana skin theory in that the candidate who at

the beginning has obtained the written consent of a

devious supporter does in fact have a good defence.

The Administration agreed with the amendments which

the will be moved by Mrs. Pauline NG at committee stage.

Then we consider question of

2. The question of subsequent withdrawal of consent

the mechanism

We

own

>

His The Ace discussed at length its issue, trying to decide /whether there should be provisions in the law to deal with subsequent withdrawals of consent, eg.

x x x x x x x x x x x x x x x x

whether it should be done in writing? How soon

should it take effect? What are the implications on election expenses? A majority of the Ad hoc Group members believed that the candidate should be selective in choosing his/supporters (and vice

versa) and there must be real understanding between

him and the supporter of the seriousness of giving

personal endorsement to the candidate. The

candidate must think that it is to his advantage to

obtain such endorsement and must therefore take the

risk if his judgement of character of the supporter is incorrect. The supporter must also be careful about his own choice of candidate and in any event

section he can obtain an injunction under $16 (3) of the Ordinance as a remedy if he withdraws his support. The Ad hoc Group/decided that this Bill is not

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