A168
Ord. No. 39/85
REGIONAL COUNCIL
REGIONAL COUNCIL
Ord. No. 39/85
A169
Election and tenure of
8.
(1) For the purposes of section 6(b)—–
(a)
representative
members.
First Schedule.
First Schedule.
Appointment and tenure of office of appointed members.
Saving.
Disqualification
from
appointment.
each District Board in the Regional Council area shall at a meeting of that District Board elect 1 of its members to be a representative member of the Regional Council in accordance with the voting procedure specified in the First Schedule and, subject to this subsection, according to such procedure as the District Board may determine by its standing orders;
(b) in any such election, a District Board in the Regional Council area shall not elect more than 1 of its members to be a representative member of the Regional Council;
(c) a person who is an appointed, an elected or an ex officio member of the Regional Council shall not be qualified for election as a representative member of the Regional Council;
(d) such elections shall be held not earlier than 1 April or later than 30 April of the year next following ordinary elections held for District Boards; and
(e) the chairman of a District Board which has held an election under para- graph (a) shall as soon as practicable give notice in writing to the Governor of the result of that election.
(2) Notice of the election of any person under this section shall be published in the Gazette.
(3) Where under section 20 the office of a representative member is declared to be vacant, an election to fill the vacancy shall be held by the District Board which elected the member not earlier than 1 month or later than 2 months from the date of publication of the declaration.
(4) Subsection (1) other than paragraph (d) shall apply to an election referred to in subsection (3).
(5) Subject to this Ordinance, a representative member shall hold office—
(a) in the case of a representative member elected in an election referred to in subsection (1), from 1 May in the year of his election until 31 March of the next year in which an ordinary election is held for District Boards;
or
(b) in the case of a representative member elected in an election referred to subsection (3), from the date of the notification in the Gazette of his election until the date when the period of office of the representative member whom he succeeded would have expired.
(6) The Legislative Council may by resolution amend the First Schedule.
9. (1) An appointed member shall be appointed by the Governor by a notification in the Gazette.
(2) Subject to this Ordinance, each appointed member shall hold office for such period as the Governor may determine.
10. Nothing in this Ordinance shall prevent a person from being at the same time a member of a District Board in the Regional Council area and a member of the Regional Council.
PART III
GENERAL PROVISIONS AS TO MEMBERS OF THE REGIONAL COUNCIL
11. (1) A person shall be disqualified from being appointed or holding office as an appointed member if he-
(a) holds any public office (other than as a member of an auxiliary force) or any office of emolument in the gift or disposal of the Regional Council or any committee thereof or having held such office has been dismissed therefrom;
(b) has in Hong Kong or any other territory or country been sentenced to death or imprisonment (by whatever name called) for a term exceeding 3 months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been sub- stituted therefor or received a free pardon;
(c) has been convicted of treason;
(d) is disqualified from being appointed or holding office as an appointed
member under any enactment;
(e) is a member of any parliament, assembly or council, whether central or local, of any place outside Hong Kong or a salaried functionary of a government of such place;
is an undischarged bankrupt or, within the previous 5 years, has either obtained his discharge in bankruptcy or has entered into a composition with his creditors, in either case without paying his creditors in full;
(g) is the subject of a decision under the Mental Health Ordinance that he is of (Cap. 136.)
unsound mind and incapable of managing himself and his affairs;
(h) without prejudice to paragraph (b) has, where the appointment is to be made or is made within 10 years from the date of conviction, been convicted-
(i) of any offence in Hong Kong or in any other territory or country and sentenced to imprisonment, whether suspended or not, for a term exceeding
3 months without the option of a fine;
(ii) of a corrupt or illegal practice within the meaning of the Corrupt and (Cap. 288.) Illegal Practices Ordinance, other than the illegal practice consisting of a contravention of any of the provisions of section 19(2) of that Ordinance, or of a corrupt or illegal practice within the meaning of any other enactment for the time being in force providing for the punishment of corrupt or illegal practices;
(Cap. 201.)
(iii) of any offence under the Prevention of Bribery Ordinance. (2) Nothing in subsection (1)(g) shall prevent the appointment as an appointed member of a person disqualified under subsection (1)(g) if under the Mental Health (Cap. 136.) Ordinance it is subsequently found that his unsoundness of mind has ceased.
12. Any person, unless disqualified by virtue of this Ordinance or any other Qualifications for enactment, shall be qualified for appointment as an appointed member if he
(a) is entitled to be and is registered as an elector under the Electoral Provisions
Ordinance; and
appointment.
(Cap. 367.)
(b) has ordinarily resided in Hong Kong for the 10 years immediately preceding
the date of his appointment.
13. A person ceasing to be an appointed member shall, unless he is not qualified Eligibility for
or is disqualified, be eligible to be again appointed as such member.
14. The acts and proceedings of any member acting as such shall, notwith- standing his want of qualification or disqualification, be as valid and effectual as if he had been qualified.
reappointment.
Acts and proceedings not
invalid due to lack of qualification,
etc.
15. (1) A member other than an ex officio member shall not, unless he has Acceptance of made a declaration of acceptance of office in the form prescribed in the Second office. Schedule and the declaration has been delivered to the Secretary within 30 days after Second Schedule. the publication in the Gazette of the notification of his election or appointment, act as a member.
(2) If such declaration is not made and delivered to the Secretary within 30 days after the publication in the Gazette of the notification of such election or appointment the election or appointment of the said person shall thereupon be null and void.