TNAG-2719-FCO40-3925-Hong-Kong-electoral-provisions-and-arrangements-1993 — Page 3

SECRET

XCX(93)44

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Working backwards from 6 July 1994, we believe 30 April 1994 is the absolute latest by which the BEC must submit to the Governor its recommendations on MC constituency boundaries. Such an extension of the submission deadline would mean that whatever change is made to the statutory number of elected MC seats would need to be enacted by the Legislative Council in February 1994 at the latest. It will not therefore provide any extra time for the current talks with the Chinese.

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(a)

(b)

With the new deadline, we will have about two months to -

seek the Governor in Council's approval of BEC's recommendations (the MC constituency boundaries to be declared by an Order which is subsidiary legislation);

gazette the Order on the MC constituency boundaries and table it before the Legislative Council; and

(c) allow the 28-day statutory period for the Legislative

Council to scrutinize the Order.

The two-month period is indeed rather tight and assumes smooth sailing in the process; but as the demarcation of MC constituency boundaries is not expected to be a very contentious issue the time-table should be just manageable.

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Consequent upon the extension of the deadline for submission of the BEC's recommendations on MC constituency boundaries to 30 April 1994, the details of MC constituencies would not be ready for inclusion in the 1994 provisional voter register which must be published before 22 June 1994. It would therefore be necessary to also amend the Electoral Provisions (Registration of Electors) Regulations to waive the requirement to show details of electors' MC constituencies in the 1994 provisional voter register. Amendment regulations would be submitted to this Council for approval upon enactment of the Bill.

THE BILL

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The purpose of the Bill is to extend the deadline for submission by the BEC to the Governor of the report containing recommendations on MC constituency boundaries for the 1995 MC elections. Clause 2 extends this deadline to 30 April 1994.