TNAG-2730-FCO40-3936-Future-of-Hong-Kong-constitutional-development-1993 — Page 13

CONFIDENTIAL

XCX(93)8

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(c) Part II Establishment of the Commission. This contains provisions relating to membership of the Commission and the tenure of office of the members.

(d) Part III - Functions, powers and duties of the Commission. This sets out the functions and powers of the Commission, and its duties to submit reports on the conduct of general elections.

(e) Part IV General Provisions relating to the Commission. This creates the office of Chief Electoral Officer; provides for the delegation of functions or powers of the Commission, and the disqualification of members of the Commission from contesting an election.

(f)

(g)

(h)

Part V Recommendations of the Commission. This sets out the procedure and criteria which the Commission will be required to follow in making its recommendations on constituency boundaries.

Part VI Miscellaneous. This provides for consequential amendments and the saving of existing regulations.

Schedule 1: This contains provisions relating to the resignation and removal of members of the Commission, and the filling of vacancies and procedural provisions relating to the conduct of business of the Commission.

(i) Schedule 2: This contains provisions for consequential amendments to existing ordinances and subsidiary legislation.

Composition of the Commission

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The Commission will consist of three members, including a Chairman. Although not specifically provided for in the draft Bill, it is the Administration's intention to appoint a judge of the Supreme Court as Chairman. The Commission will be an independent and politically neutral statutory authority. For this reason, certain groups of persons shall be disqualified from being appointed to the Commission. They include -

Executive Council