TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 46

GÜVER EN

HOUSE MUI JU

SECRET #2

高度機密

particular

Legco

Member, or a group of Members. In either

case, the onus will be on the individual initiating the

proceedings

proceedings

to prove that the Member(s) against whom the

directed is(are) non-Chinese, and that he

are

has (or they have) exceeded the 20% quota. when hearing

the

the

case, the Court, on the request of a party, may require

any Or all serving LegCo Members to appear before it to

give evidence about their nationality. If at the end the

Court finds in favour of the applicant, then any vacancies

arising would be filled through by-elections. [We believe

Court is only empowered to make a ruling on Members who

are thc subject of the relevant proceedings. In other

words, the Court may not make a declaration in respect of

"non-Chinese" Members who are prima facie outside the

20% quota but who are not the subject of the proceedings

However, it would be open to any elector to

mount a separate court challenge against the latter.]

other

before it.

5.

The procedures described in paragraphs 3 and 4

above seem straightforward. In practice, things will get

much more complicated. In the absence of any established

(and published) criteria, statutory or otherwise, for

allocating the 208 quota, it would be extremely difficult

individual who initiates the legal

for either an

proceedings to

prove,

or for the Court to determine, who

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S