TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 45

SECRET ***

3

3.

The

Chinese might try to get round the quandary by

turning a blind eye to the nationality status of LegCo

Members.

However, an individual

mounting а court challenge under

can force the issue by

section 45 of Cap. 367

(text at Annex B) or section 44 of Cap. 381. In brief, the

law provides that

institute Court

LegCo Member or

ground that:

any elector or the Attorney General can

proceedings against any person acting as a

claiming to be entitled to so act on the

(i)

the person is not qualified to be, or is

disqualified from being, such a Member; or

(ii) he has ceased to hold office as such a Member.

[Note that these

petitions

proceedings are not the same as election

mentioned in our note of 10 August.

The

nationality status of LegCo Members elected in 1995 cannot

be challenged by way of an election petition on or after 1

July 1997 because the law provides that any petition

relating to an election must take place within two months

after that election.]

4.

According to our legal advice, an elector can

initiate the aforesaid

proceedings against

either one

ECRET&#**

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