TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 44

JULIET

•

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2 -

no successful candidates in the 1995 LegCo elections will

be debarred from holding LegCo offices between 1995 and 30

June 1997 because of their nationality. Paragraph 2 of

Miss Brooks' letter has comprehensively dealt with the

scenario of a possible court challenge before 1 July 1997.

We do not think such a challenge would succeed.

2.

On 1 July 1997, the Basic Law, including

Article 67 which sets out the nationality restriction for

legislature, will come into effect.

Section 19(1)(d)

members Of the SAR

Arguably the Basic Law is an "enactment"

of Cap. 367 and section 21(1)(da) of Cap. 381, when read in

conjunction with Article 67, therefore, would mean that any

serving Members who exceed the 20% quota stand being

vacancies which arise from

disqualified.

disqualification

by-elections.

Any

would

then

be

filled

through

The

complication

here, of course, lies in

deciding who amongst the "non-Chinese" Members come within

the quota, and who are outside it. As we are all aware,

there is no simple and easy way to "allocate" the quota.

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