TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 56

SECRET ***

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

can force the issue by

section 45 of Cap. 367

mounting a court challenge under

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

law provides that

institute Court

any elector or the Attorney General can

proceedings against any person acting as a

LegCo Member or claiming to be entitled to so act on the

ground that:

(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.]

According to our legal advice, an elector can

4.

initiate

the aforesaid

proceedings

against

ECRET&ƒ#2

either one

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