TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 203

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FM HONG KONG

TO IMMEDIATE F CO

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OF 190745Z OCTOBER 90

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INTERPRETATION OF THE ROYAL INSTRUCTIONS ON THE TERM ELECTION

AS YOU MAY BE AWARE, EXCO APPROVED ON 24 JULY 1990 THE PROPOSAL TO HOLD ELECTIONS IN 1991 FOR MEMBERS FOR FUNCTIONAL

CONSTITUENCIES AND GEOGRAPHICAL CONSTITUENCIES ON DIFFERENT DATES: 12 SEPTEMBER 1991 (THURSDAY) FOR THE FORMER AND 15

SEPTEMBER 1991 (SUNDAY) FOR THE LATTER. THE OBJECT IS TO FACILITATE, AND HENCE MAXIMISE, TURN-OUT FOR THE TWO DIFFERENT CATEGORIES OF ELECTORATE. MEMORANDUM XCC(90)119 IS RELEVANT.

2. THE QUESTION HAS ARISEN RECENTLY AS TO WHETHER THE HOLDING

OF ELECTIONS ON TWO DIFFERENT DATES WILL ACTUALLY CONSTITUTE TWO ELECTIONS WITHIN THE MEANING OF ARTICLES XXVIIIA(1), XXVIIIA (2), AND XIIA(1) OF THE ROYAL INSTRUCTIONS. IN THOSE ARTICLES THE

PHRASE QUOTE AN ELECTION FOR ALL THE ELECTED MEMBERS UNQUOTE IS

USED CONSISTENTLY. THE WORDING OF ARTICLE XXVIIIA(1) READ ALONE

COULD GIVE THE IMPRESSION THAT ELECTIONS TO THE LEGISLATIVE

COUNCIL MUST TAKE PLACE ON A SINGLE DAY.

3.

OUR VIEW IS THAT THE ELECTIONS TAKING PLACE ON TWO SEPARATE DATES ARE PART AND PARTIAL OF THE WHOLE PROCESS IN CONSTITUTING

THE LEGISLATURE AND SHOULD THEREFORE BE REGARDED AS AN ELECTION.

SUCH AN ARRANGEMENT IS THEREFORE PERMISSIBLE UNDER THE EXISTING ROYAL INSTRUCTIONS. ARTICLE XXVIIIA(1) NOTWITHSTANDING, ARTICLE XXVIIIA (2) INDICATES OTHERWISE AND ARTICLE 1(5) OF THE HONG KONG

LETTERS PATENT 1988 ALSO MAKES IT CLEAR THAT AN ELECTION FOR QUOTE ALL THE ELECTED MEMBERS UNQUOTE CAN TAKE PLACE ON MORE THAN ONE DAY. THE CURRENT 1990 AMENDMENT TO THE ROYAL INSTRUCTIONS IS SIMILARLY WORDED. IN ADDITION, IF AN ELECTION IS COUNTERMANDED OR ADJOURNED THE RELEVANT ELECTION MUST BE ARRANGED FOR ANOTHER DAY.

4. THE PROPOSED AMENDMENTS CONTAINED IN NEW CLAUSE 5A (1) OF THE ELECTORAL PROVISIONS CAMENDMENT) BILL 1990 AND CLAUSE 5 OF THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL 1990 (AMENDING SECTION 3(1) OF THE ORDINANCE) PROVIDE, IN EFFECT, FOR SIMULTANEOUS OR SEPARATE ELECTIONS TO BE HELD IN RESPECT OF GEOGRAPHICAL AND FUNCTIONAL CONSTITUENCIES RESPECTIVELY.

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