Legislative Council

LC Paper No. CB(2)2418/98-99

Ref. : CB2/BC/16/98

Purpose

This paper reports on the deliberations of the Bills Committee on the Legislative Council (Amendment) Bill 1999.

Background

2. At present, arrangements for elections to the Legislative Council (LegCo) are set out in the Legislative Council Ordinance (LegCo Ordinance) (Cap. 542) and the Electoral Affairs Commission Ordinance (EAC Ordinance) (Cap. 541). However, most of the key provisions on the arrangements for the election of geographical constituencies (GCs), functional constituencies (FCs) and the Election Committee (EC) only apply to the first term LegCo election in 1998. In order to provide the electoral law for the second term LegCo, amendments to the LegCo Ordinance have been proposed.

The Bill

3. The major provisions in the Bill seek to amend the LegCo Ordinance and, where necessary, make consequential amendments to the EAC Ordinance and the Federation of Hong Kong Industries Ordinance.

The Bills Committee

4. At the House Committee meeting on 5 February 1999, Members agreed to form a Bills Committee to study the Bill. The Bills Committee comprises 32 Members and Hon Ronald ARCULLI was elected Chairman of the Bills Committee. The membership list of the Bills Committee is attached in Appendix I.

5. The Bills Committee held 23 meetings. It had also placed advertisements in two local newspapers to invite public views on the Bill and subsequently received submissions from a total of 69 individuals and organisations, the names of which are in Appendix II. A total of 38 organisations also appeared before the Bills Committee to make oral presentation.

Deliberations of the Bills Committee

Election Committee (EC) provided for in Annexes I and II of the Basic Law (BL)

6. The Bills Committee has noted that the function of the EC provided for in Annex I of the BL is to elect the Chief Executive (CE). Its term of office is 5 years. However, the decision adopted by the National People's Congress (NPC) on 4 April 1990 was to establish a 400-member Selection Committee to elect the first CE. The function of the EC provided for in Annex II of the BL is to elect six Members of the second LegCo. Annex II of the BL states that except in the case of the first LegCo, the EC mentioned therein refers to the one provided for in Annex I of the BL.

7. Members express concern over whether the provisions relating to the composition of the EC in the Bill, if passed, would contravene the BL or would pre-empt a decision on the composition of the EC prescribed in Annex I. They also point out that the functions of the EC will affect a person's decision on whether or not to run the candidature for an EC member.

8. The Legal Adviser has advised that from the plain and literal meaning of Annex II, the EC which returns six Members for the second term LegCo is intended to be the same as the EC electing the CE. On this premise, there are at least two legal problems which have not yet been addressed by the Administration. Firstly, although paragraph 2 of Annex I of the BL states that the term of office of the EC to return six Members of the second LegCo is 5 years, there is no provision in the Bill providing for this. Assuming that the term of office of the EC established as at September 2000 for the second LegCo is 5 years, membership of the EC may change resulting from events such as Members of the third LegCo taking office following a general election. Secondly, the membership of Members elected by the EC, as well as, the membership of the EC may change. At present, there is no legal mechanism for by-election of members of the EC. In the interest of certainty in the law, the issue of whether the EC proposed in the Bill is the same EC for electing the CE should be resolved before the Bill is enacted.

9. The Administration has advised that Annex I and Annex II of the BL deal with different issues. The Bill provides that an EC be established for the purpose of returning six Members in the 2000 LegCo election. The EC as proposed in the Bill is formed in accordance with Annex II of the BL. Annex I prescribes the method of selection of the CE. The Administration will introduce a separate bill on the CE election later. As the present Bill provides for the formation of the second term LegCo only, the Administration does not consider that the Bill would pre-empt the deliberation of the eventual bill for the CE election.

10. Members are dissatisfied with the reply. Notwithstanding Members' repeated requests, the Administration has not provided a definite reply on whether the EC proposed in the Bill will be the same EC responsible for the election of the second term CE, but has merely assured Members that the bill providing for the election of the CE will not contravene the provisions of the BL. Members have noted that matters relating to the EC provided in Annex I falls outside the scope of the Bill.

11. Members have also noted the Legal Adviser's advice that in the event that the office of CE becomes vacant, the EC provided for in Annex I of the BL would have to be constituted and put into action. Under BL 53(2), the new CE must be selected within six months. The person selected as the new CE will be appointed by the Central People's Government.

Ex-officio membership of the EC - New clauses 18A and B, clauses 31, 36 and 43

12. Under the Bill, Hong Kong Deputies to the NPC and LegCo Members holding office on 30 June 2000 are to become ex-officio members of the EC established for returning six Members to the second-term LegCo. Members have noted that following the practice in the first LegCo election in 1998, if these persons are also registered electors in FCs, they are allowed to decline registration as ex-officio members of the EC if they wish to cast their votes in the FCs. To protect the electorate size of the EC, any unused quota of the EC seats for these persons will be transferred to the Chinese People's Political Consultative Conference (CPPCC) subsector. In the event that there still exists an unused quota, the seats concerned will be transferred to the Provisional District Boards (to be amended as District Councils) subsectors.

13. The Bills Committee has raised concern over this issue. It is of the view that if the registered ex-officio members of the EC are not elected to the second-term LegCo or the next term of office of the NPC, they should cease to be ex-officio members of the EC.

14. After consideration, the Administration agrees to move CSAs to provide for a mechanism for updating the ex-officio membership of the EC. Under the arrangement, all LegCo Members and the Hong Kong Deputies to the NPC holding office on 30 June 2000 should be registered as ex-officio members of the EC. Those ex-officio members who are also registered FC electors will be allowed to choose to vote either in the FC or the EC. Once they have made their choice, they will vote in the EC or FC according to their choice if there are any by-elections in the future. When there are subsequent changes to the membership of the LegCo or the Hong Kong Deputies to the NPC, the names of those who no longer hold either of those offices should be removed from the final register of the EC. The names of those newly elected to the new term of the LegCo or the NPC will be added in the register. If there is any overlapping between the membership of the LegCo and the Hong Kong Deputies to the NPC, the ex-officio seats falling "vacant" will not be transferred to the CPPCC subsector.

Voting system of the EC

15. Some Members query the requirement for an EC member to cast all six votes under his entitlement. They point out that based on the experience of the 1998 LegCo election, some EC members were forced to cast all 10 votes when in fact they only wanted to cast a few votes for candidates whom they supported. They criticise the voting system being unfair.

16. The Administration has advised that the proposed voting system for the election by the EC as set out in clause 35 of the Bill is the same as that in section 52 of the existing LegCo Ordinance. When the Provisional LegCo examined the then LegCo Bill, a Member introduced a Committee Stage amendment (CSA) requiring that the EC members must cast all votes under their entitlement for their ballots to be valid. The amendment was passed by the Provisional LegCo. The Bills Committee has noted that the mandatory requirement was introduced so as to reduce the possibility of the election being dominated by a particular group under the Block Vote system proposed by the Administration.

17. A Member is of the view that the list system of proportional representation should be adopted for the EC election as in the GC election. He has indicated that he will move CSAs in this respect.

Religious subsector of the EC - Clause 43

18. Members have noted that the religious subsector is composed of six designated religious bodies. These designated bodies return a total of 40 members to the EC by way of nomination. The number of EC members to be returned by each of the bodies is determined by the Chief Executive in Council. Each designated body may nominate a number of persons selected by it as members representing the religious subsector. In the 1998 LegCo election, the Hong Kong Christian Council selected its nominees by way of "one-person-one-vote" election. The nominees of the Catholic Diocese of Hong Kong were elected by the body's faithful divided into various groups. The remaining four designated bodies selected their nominees by internal consultation.

19. The Administration has pointed out that section 3(3) of Schedule 2 to the LegCo Ordinance provides that if a designated body nominates a number of persons which is greater than the number of seats assigned to it, it has to assign preference to the nominees. However, the provision is silent on how to deal with the situation where a designated body fails to assign preference to its nominees. As the Catholic Diocese of Hong Kong has indicated that it will not assign preference to its nominees in the 2000 LegCo election, the Administration proposes to move CSAs to provide that if a designated body nominates more persons than the assigned number but fails to assign preference to its nominees, the Returning Officer should determine, by drawing lots, who among the nominees should become members of the EC. All the designated bodies have been consulted and have agreed to this proposed amendment.

Reform of FCs

20. The Bills Committee has noted a Member's intention to move CSAs to group the 30 FC seats into five constituencies, each having six seats. The Administration opposes the proposal as a matter of principle and is of the view that the proposed CSA would have a charging effect.

Delineation of FC electorates

21. The Bills Committee has considered various proposals relating to delineation of FC electorates made by individual Members and deputations. These are summarised in paragraphs 22 - 28.

Establishment of new FCs

22. The Bills Committee has noted that a number of catering associations are in support of the establishment of a new FC for the Catering sector. The Bills Committee has reached no consensus view on the following proposals -

1. to split the Education FC into an Education FC and a Higher Education FC, and to replace the proposed Catering FC;
   
   
2. to split the Architectural, Surveying and Planning FC into an Architectural, Planning and Landscape FC and a Surveying FC;
   
   
3. to split the Tourism FC into a Tourism FC and a Hotel FC (A Member will move CSAs in this respect);
   
   
4. to split the Real Estate and Construction FC into a Real Estate FC and a Construction FC;
   
   
5. to replace the proposed Catering FC with a Traditional Chinese Medicine FC, failing which, to include Chinese medicine practitioners in the Medical FC; and
   
   
6. to establish a Psychology FC, or to include members of the Hong Kong Psychological Society in FCs.

23. The Administration opposes these proposals. On item 22(e), the Administration considers that it would be premature to establish a Chinese Medicine FC or to include Chinese medicine practitioners into the Medicine FC, given that the Bill to establish a statutory registration scheme is still being scrutinised by LegCo. On item 22(f), the Administration does not support the establishment of a new FC as educational psychologists and clinical psychologists are included in the Health Services FC, and the majority of the Society's practising members are specialised in these two fields. On items 22(a) - (d), the Administration considers the present delineation appropriate.

Addition/removal of constituents in existing FCs

24. The Administration will move CSAs to adjust the electorates of individual FCs and to amend the names of some existing eligible electors. In response to some Members, the Administration has agreed to add constituents to the Transport FC and the Wholesale and Retail FC. Some individual Members may move CSAs to expand the electorates of the Transport FC, Wholesale and Retail FC, Textile and Garment FC and Information Technology FC to allow for wider representation and participation.

Social Welfare FC

25. The Bills Committee has noted that a Member has given notice to move amendments to remove corporate members of the Hong Kong Council of Social Service and exempted societies and non-profit making companies providing social services from the Social Welfare FC. Members note that the Administration has consulted those exempted societies and non-profit making companies which have been registered as electors in the FC. Those which have responded indicate objection. The Administration is of the view that the present delineation is appropriate and opposes the proposal.

Veterinary surgeons

26. The Administration has considered including veterinary surgeons as FC electors in the Medical, Health Services or Agriculture and Fisheries FCs. In view of the nature of the services provided by veterinary surgeons, the Administration has come to a view that it would not be appropriate to include veterinary surgeons in these or other FCs. A Member may move CSAs in this respect.

Judicial officers

27. The Bills Committee has noted the Administration's advice that it has consulted the Judiciary Administrator who is of the view that judges and judicial officers should not be included as eligible electors for the Legal FC. As judges are tasked to interpret and apply the law, they should not be involved in selecting a person to represent their views and interests in the law making body. Such a process might be seen as undermining the principle of the separation of powers between the judiciary and the legislature.

Foreign lawyers

28. The Bills Committee has noted the Administration's advice that foreign lawyers are not entitled to practise Hong Kong law in Hong Kong under the law, and that they are not directly related to the Legal FC.

LegCo seats for Urban Council (UC) and Regional Council (RC) FCs

29. The Bill proposes that the UC and RC FCs are to be replaced by two new FCs, one for the proposed District Councils and the other for the Catering sector. Clause 45(1) seeks to make it clear that notwithstanding the proposed dissolution of the Provisional Municipal Councils (PMCs), the two incumbent Members returned by the UC and RC FCs in the 1998 LegCo election are to remain in office after 31 December 1999 until the end of the first-term LegCo, i.e. 30 June 2000. Clause 45 (2) provides that no by-election will be held to fill their vacancies if such vacancies arise after 31 December 1999 when the term of office of the PMCs expires.

30. A Member has expressed concern over the constitutionality of removing the constituents of the UC and RC FCs during the term of office of their respective returned Members, while retaining their LegCo membership during the remaining term of the first LegCo. He has suggested that the term of office of the PMCs be extended to tie in with that of the present LegCo.

31. The Legal Adviser has advised that it is legally in order to leave the vacancies in the constituents of the UC and RC FCs unfilled during the term of office of their respective returned Members and to leave the two incumbent Members' term of office undisturbed when there are no persons specified as constituents of the two FCs. On the question of substantial connection with FCs, the Legal Adviser has pointed out that the Members concerned will still be subject to the existing provisions which govern when a Member ceases to hold office, for example, death, resignation and disqualification. But the Members may not be considered to have positively done anything under the circumstances to breach their respective promissory oaths to cease to have a substantial connection with their respective FCs.

32. The Administration shares the Legal Adviser's view and supplements that following the dissolution of the PMCs on 31 December 1999, the two Members can continue to perform the duties of LegCo Members, such as scrutinizing bills, monitoring the work of the Government and debating on matters of general public interest, including matters relating to environmental and food hygiene and recreational services. The Administration does not consider it necessary to extend the term of office of the PMCs.

12 specified FCs in section 37 of the LegCo Ordinance

33. The Bills Committee has discussed a Member's proposal that the 12 specified FCs in section 37 of the LegCo Ordinance should be determined by drawing lots. The Administration has advised that persons who are not of Chinese nationality or who have the right of abode in other places may contest in the 12 specified FCs. The reason for proposing these 12 FCs is that these FCs should have a higher chance of returning persons who are not of Chinese nationality. The proposal was passed by the Provisional LegCo. The relevant arrangement worked well in the 1998 LegCo election, and no requests have been received from other FCs for inclusion into these 12 specified FCs. The Bill proposes that the same arrangement be adopted for the 2000 LegCo election.

Lists of FC electorates

34. The Bills Committee has asked the Administration to consider re-organizing the items in the lists of electorates for FCs so as to make them easier to read. The Administration has agreed to move CSAs to clause 42 to the effect that the items in new Schedules 1 to 1E are re-organised according to alphabetical order. Consequential amendments to clause 43 (m) are also required.

Direct election of all LegCo seats

35. Some deputations have proposed that all LegCo seats should be directly elected. The Administration has advised that the BL has set out the blueprint of democratic development for Hong Kong. The number of GC seats will increase gradually : from 20 to 24 in 2000, and to 30 in 2004. The ultimate aim is the election of all LegCo Members by universal suffrage. The Bill is drafted to reflect the above provisions.

36. Members of the Democratic Party have indicated that CSAs will be introduced to provide for a fully directly-elected LegCo. Under the proposal, all seats returned by FCs and the EC will be abolished.

"Single-seat, single-vote" system for GC elections

37. Some deputations have proposed that the "single-seat, single-vote" system should be adopted for GC elections. The Administration has advised that the proportional representation system adopted in the 1998 LegCo GC elections can more accurately reflect voter preference in terms of allocation of seats than the "single-seat-single-vote" system which works on a "winner-take-all" principle. The system is also widely accepted as open and fair and adopted by many countries. It also obviates the need for major amendment to the constituency boundaries before every election. The Administration proposes to adopt the same system for the 2000 LegCo election.

38. Members of the Democratic Party have indicated that CSAs will be introduced to replace the proportional representation system for GC elections with the "single-seat, single-vote" system.

Termination of election proceedings

Nomination lists for GCs - Clauses 22 and 25

39. Under the existing LegCo Ordinance, if a validly nominated candidate in the GC election dies or becomes disqualified after the close of nomination but before close of polling, the Returning Officer must terminate the election proceedings. If the candidate dies after the close of polling but before the declaration of result, the Clerk to LegCo will declare a vacancy in LegCo if the candidate is successful. To minimize the risk of disruption to the electoral process, the Bill provides that if the Returning Officer of a GC becomes aware of the death or disqualification of a validly nominated candidate before the polling day, he may strike out the name of the candidate from the list and add the name(s) of the surplus nominee(s) to the list to make up the difference, and allow the election proceedings to continue.

40. A few Members have asked the Administration to reconsider the proposal which is unfair to a person who contests the election as a single candidate. Having considered the views of Members, the Administration agrees to introduce CSAs to delete the provision which allows the Returning Officer to revise the list of validly nominated candidates and to make other consequential amendments.

Validly nominated candidates - Clauses 20, 25 and 30

41. The Bill proposes that the election proceedings should continue if a candidate is disqualified or died before the polling day. Some Members have suggested that as far as FC election is concerned, if the Returning Officer becomes aware of the death or disqualification of a validly nominated candidate after the close of nomination and before the polling day, he should terminate the election proceedings and a by-election should be arranged. This is because many FC elections have only two nominated candidates. In the event that one of the candidates has become disqualified or died, the remaining one will be automatically elected, hence depriving electors from having a choice.

42. Having regard to Members' views, the Administration proposes to introduce CSAs to require the Returning Officer of a FC to terminate the election proceedings if he becomes aware of the death or disqualification of a validly nominated candidate after the close of nomination but before the polling day. The Electoral Affairs Commission should then arrange for a by-election.

Advance polling

43. The Bill proposes to allow electors to apply to vote before the general polling day, in order to facilitate some electors who may not be able to cast their votes on the general polling day due to various reasons such as work commitment, departing Hong Kong on vacation or business trips on the polling day. While Members are in general supportive of the proposal, they have asked the Administration to consider the following suggestions to improve the arrangement -

1. Members note that electors in Canada and Japan do not have to make prior applications for advance polling, and that electors in Australia have only to explain at the advance polling stations the reasons why they cannot vote on the polling day. In order not to cause undue inconvenience to electors, some Members have asked the Administration to reconsider the requirement for electors to make prior applications for advance polling;
   
   
2. Some Members have expressed concern that if the results of exit polls conducted on advance polling day are released before polling on the general election day, it may undermine the fairness and impartiality of the election;
   
   
3. Members have requested the Administration to consider whether it is necessary to designate more than one day for holding advance polling, given that the general election is held on only one day and the number of electors involved in advance polling is much smaller; and
   
   
4. On the Administration's preliminary thinking that there will only be one polling station at a central location for advance polling, a few Members have suggested that the number should be increased.

44. The Administration has advised that in Canada, Japan and Australia, there is no legislation prohibiting the conduct of exit polls, or the announcement of the results of exit polls before the close of polls. The electoral laws of Canada had once stipulated that no announcement of the results of exit polls could be made before the close of polls but the provision was found to be in contravention of the freedom of speech by the court and no longer applies now.

45. After consideration of Members' views and having regard to the court ruling made in Canada last year, the Administration believes that legislating against the release of exit poll results by the media before the close of all polls may run the risk of contravening Article 27 of the BL which provides that Hong Kong residents shall have freedom of speech, of the press and of publication. Taking into consideration the paramount importance of fair and impartial elections, the Administration has come to the view that advance polling should not be introduced in the 2000 LegCo election before the problem is resolved. It will introduce amendments to clauses 2, 6, 25, 27, 30, 31 and 47 concerning the advance polling arrangements.

46. Some Members have expressed great disappointment over the Administration's change of stance on the matter and do not agree with the CSAs proposed by the Administration. They consider that the Administration should take a more proactive approach in dealing with the matter and that its argument for not implementing the proposal is a flimsy one. As the EAC has already required the media not to announce the results of the exit polls before the close of polls under the existing guidelines on election activities, they opine that the Administration should discuss with the media with a view to expanding the EAC guidelines to require the media not to announce the results of exit polls for advance polling until all the polling (including the polling on the general day) closes.

"Advance postal voting" and "overseas polling arrangement"

47. Members have also considered whether "advance postal voting" and "overseas polling arrangement" should be implemented for LegCo election. Members have noted that electors of Canada and Australia who are unable to attend polling stations on polling day may vote by post. In addition, electors of Australia staying overseas on polling day may choose to vote at about 100 Australian embassies, consulates or trade offices which provide voting facilities. The Administration has advised that it is not aware of any special measures adopted by these countries to prevent vote buying, or to ensure the timeliness and secrecy of the mail. The Administration does not support implementing these arrangements.

Polling in public hospitals

48. A Member has proposed that polling stations should be set up in public hospitals to allow eligible electors to vote.

49. The Administration has considered the proposal and concludes that there are a lot of implementation problems. These include difficulty in compiling the relevant extracts of voter register for the mobile polling stations and in safeguarding the secrecy of votes if votes are collected directly from electors in bed. If electors are asked to vote at specific mobile polling stations, bedridden electors will not benefit from the arrangement. In addition, the Administration is of the view that it is unreasonable to provide the mobile polling facility only to electors in the 42 public hospitals, and not those in private hospitals and institutions for the aged. However, to extend the arrangement to all electors in these institutions would involve significant financial and staffing resources. In the circumstances, the Administration will not consider the suggestion at the present stage.

Canvassing activities on polling day

50. In response to some Members' proposal that the polling day should be specified as "no canvassing day", the Administration is of the view that candidates should be allowed to choose, according to their own need, whether and if so, when and how to carry out canvassing activities, provided such activities would not undermine the fairness of the election and cause undue disturbance to the electors. Experience of past elections shows that canvassing activities are generally carried out in an orderly and controlled manner. Prohibiting candidates and their supporters will also have an adverse effect on both the election atmosphere on polling day and the voter turnout.

51. The Bills Committee has divided views on the matter. Members who prefer the status quo consider the existing arrangement has worked well and that there are no strong justifications to ban all canvassing activities on the polling day. Those Members who are in support of the proposal point out that the arrangement should be reviewed having regard to the high turnout rate in the 1998 LegCo election, the fact that electioneering activities will not affect electors' choice, and the significant resources involved in launching electioneering campaigns on the election day. Noting that Japan, France and Singapore adopt the "no canvassing day" arrangement, these Members have requested the Administration to reconsider the proposal.

52. After considering Members' views, the Administration's position has remained unchanged. Apart from the reasons earlier mentioned, the Administration is also worried that such a ban may affect the freedom of expression which is a fundamental right guaranteed in the International Covenant of Civil and Political Rights. The Administration has advised that any restriction imposed on the protected freedom must be necessary and proportionate to the harm which it purportedly addresses.

53. Members of the Democratic Party do not agree with the Administration's argument as Japan and France, being signatories to the ICCPR, also adopt the "no canvassing day" arrangement. A Member of the Democratic Party will move CSAs to introduce a "cooling-off period" in the election, prohibiting canvassing activities on polling day.

Reimbursement of election expenses

54. According to the Administration, there is a system of reimbursement of election expenses in Canada, Australia and France. Pointing out that similar practices are also adopted by some other countries, Members of the Democratic Party have proposed that the Government should subsidise part of the election expenses incurred by candidates who have secured votes up to a prescribed threshold in order to provide a level-playing field for all candidates, including those who are financially less well-off. Some Members have reservation about the proposal.

55. The Administration advises that the Government has provided considerable subsidies in kind to candidates running in the LegCo elections, such as two rounds of free mailing service, publicity programmes on TV and radio, forums for debate on topical issues and leaflets introducing candidates. The Administration does not consider that there is a need to further subsidise candidates in their campaigning activities with additional public funds.

56. A Member of the Democratic Party will move CSAs to the Bill to stipulate that the Government should reimburse election expenses to a candidate or a list of candidates if the candidate or the list of candidates obtains a prescribed proportion of the votes cast at the election. Implementation details of the proposal could be considered by the Administration after passage of the Bill.

Disqualification of LegCo Members from holding office

57. Section 40(1)(b)(iii) of the LegCo Ordinance provides that a LegCo candidate must give a promissory oath to the effect that, if elected, he will not do anything during his term of office that "would result" in the circumstances specified in that section. Section 15(3) of the Ordinance further provides that a breach of such oath could constitute a kind of "misbehaviour" which a LegCo Member may be censured under Article 79(7) of the BL. The Bill proposes to replace the words "would result" with "results" to make it clear that it could only constitute a breach of the promissory oath if the disqualifying circumstances have actually arisen.

58. Members note that under the previous electoral laws, the same set of disqualification conditions applied to a LegCo candidate or a serving Member. As some of the provisions were not provided in BL 79, amendments were made to the then LegCo Bill to ensure their continued application. Some Members have queried why the circumstances under which a Member will be disqualified from holding office as set out in section 40(1)(b)(iii) could not be incorporated into section 15(3) of the LegCo Ordinance.

59. The Administration has advised that the two sections were added to the Ordinance by way of CSAs to the LegCo Bill put forward by the Administration in response to the request made by the relevant Bills Committee of the Provisional LegCo. The rationale for the amendments is that, within the parameters of the BL, disqualification conditions which apply to LegCo candidates and to serving Members should be the same as far as possible. Article 79 of the BL lists out the circumstances under which the President of the Legislative Council shall declare that a Member of the Council is no longer qualified for the office. The list of circumstances is exhaustive and the Article cannot be added to or amended by local legislation although there is scope to elaborate on the implementation aspects of the Article.

Committee Stage amendments (CSAs)

60. Apart from the CSAs mentioned above, the Administration will also introduce other consequential and technical amendments to the Bill. A full set of the CSAs to be moved by the Administration is in Appendix III.

Recommendation

61. The Bills Committee recommends that the Second Reading debate on the Bill be resumed at the Council meeting on 14 July 1999.

Advice sought

62. Members are invited to support the recommendation of the Bills Committee in paragraph 61 above.


Legislative Council Secretariat
29 June 1999

Appendix I

Hon Ronald ARCULLI, JP (Chairman)
Hon Cyd HO Sau-lan
Dr Hon Raymond HO Chung-tai, JP
Hon LEE Wing-tat
Hon LEE Kai-ming, JP
Hon NG Leung-sing
Prof Hon NG Ching-fai
Hon Margaret NG
Hon Mrs Selina CHOW, JP
Hon MA Fung-kwok
Hon CHEUNG Man-kwong
Hon Christine LOH
Hon Bernard CHAN
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Dr Hon LEONG Che-hung, JP
Hon LEUNG Yiu-chung
Hon Gary CHENG Kai-nam
Hon SIN Chung-kai
Hon Andrew WONG Wang-fat, JP
Hon WONG Yung-kan
Hon Howard YOUNG, JP
Dr Hon YEUNG Sum
Hon YEUNG Yiu-chung
Hon LAU Kong-wah
Hon LAU Wong-fat, GBS, JP
Hon Mrs Miriam LAU Kin-yee, JP
Hon Ambrose LAU Hon-chuen, JP
Hon Emily LAU Wai-hing, JP
Dr Hon TANG Siu-tong, JP
Hon CHOY So-yuk
Hon TAM Yiu-chung

Total : 32 Members

Legislative Council Secretariat
26 February 1999

Appendix II

Name of Individual/Organisation



Total : 69

* These individuals/organizations have appeared before the Bills Committee.