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Ord. No. 39/85
Financial statements and
report to be laid before Legislative Council.
Enforcement of orders.
Protection of members.
Proceedings against members on grounds of disqualification.
(Cap. 367.)
REGIONAL COUNCIL
54. As soon as may be convenient after the receipt thereof, the Governor shall cause to be laid on the table of the Legislative Council-
(a) the estimates and list of works of the Regional Council furnished under
section 41(1);
(b) any revised estimates and list of works of the Regional Council furnished
under section 42(2);
(c) copies of the audited statements of accounts of and of the report of the
Director of Audit furnished under section 43(4); and
(d) the Chairman's report on the activities of the Regional Council furnished
under section 53.
55. Failure to comply with any written order given under a power delegated under section 38 and signed by the Secretary shall be punishable in the same manner as if such order had been made by the Regional Council.
56. No matter or thing done, by any member of the Regional Council or of a committee or sub-committee, bona fide for the purpose of carrying into effect the provisions of this Ordinance or of any other enactment conferring powers on the Regional Council, shall subject such member personally to any action, liability, claim or demand whatsoever.
57. (1) Proceedings may be instituted in the High Court ("the Court") against any person acting as an elected member, on the ground of his being disqualified within the meaning of this section for so acting, and on the like ground against any person claiming to be entitled to so act:
Provided that proceedings under this section on the ground of a person acting as aforesaid shall not be instituted after the expiration of 6 months from the date on which he so acted.
(2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member while disqualified for so acting, then the Court may--
(a) make a declaration to that effect and to declare that the office in which the
defendant has acted is vacant;
(b) grant an injunction restraining the defendant from so acting; and
(c) order that the defendant shall forfeit to the Crown such sum as the Court thinks fit, not exceeding $1,000 for each occasion on which he so acted while disqualified.
(3) When in proceedings instituted under this section it is proved that the defendant claims to act as a member and is disqualified for so acting, the Court may make a declaration to that effect and that the office in which the defendant claims to be entitled to act is vacant, and may grant an injunction restraining him from so acting.
(4) No proceedings shall be instituted under this section by any person other than an elector (within the meaning of the Electoral Provisions Ordinance) or the Attorney General.
(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall thereafter be stayed until such person shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to a defendant.
(6) The security shall be of such amount, not exceeding $20,000, and shall be given in such manner and form as the Court may direct.
(7) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has, while disqualified for acting as a member, so acted or claimed to be entitled so to act.
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Ord. No. 39/85
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(8) For the purposes of this section, a person shall be deemed to be disqualified
for acting as a member-
(a) if he is not qualified to be, or is disqualified for being, a member; or
(b) if by reasons of failure to make and deliver the declaration of acceptance of office within the period required, resignation or for any other reason he has ceased to be a member.
58. The Chairman may refer any dispute between the Regional Council and any Settlement of public officer to the Governor in Council and such a reference shall be deemed to be disputes. an appeal to the Governor in Council for the purposes of section 64 of the Interpretation and General Clauses Ordinance.
(Cap. 1.)
59. The Regional Council shall not be regarded as a servant or agent of the Saving. Crown or as enjoying any status, immunity or privilege of the Crown.
60. (1) The Ordinances set out in the second column of the Fourth Schedule Consequential and the provisions set out in the third column of the Fourth Schedule are amended in amendments. the manner and to the extent set out opposite thereto in the fourth column of the Fourth Schedule. Fourth Schedule.
(2) For the purpose of extending to the Regional Council any right, privilege, duty, function or power enjoyed or imposed upon the Urban Council by or under any Ordinance the Governor may amend the Fourth Schedule.
61. The Provisional Regional Council Ordinance 1985 is repealed.
62. In this Part-
PART IX
FIRST REPRESENTATIVE MEMBERS
Repeal of Provisional Regional Council Ordinance 1985. (2 of 1985.)
Interpretation.
"District Board" means a District Board established under section 5 of the District (Cap. 366.)
Boards Ordinance;
"Regional Council" means the Regional Council referred to in section 3; "Regional Council area" has the meaning assigned to it in the District Boards
Ordinance;
"representative member" means a person who has been elected to act as a
representative member of the Regional Council under section 8.
63. (1) A District Board in the Regional Council area may at a meeting of that District Board held not earlier than 1 March 1986 or later than 31 March 1986 elect 1 of its members to be the first representative member of the Regional Council in accordance with the voting procedure specified in section 64 and, subject to this Part, according to such procedure as the District Board may determine by its standing orders.
(2) In any election held under subsection (1) a District Board in the Regional Council area shall not elect more than 1 of its members to be a first representative member of the Regional Council.
(3) The chairman of a District Board which holds an election under subsection (1) shall as soon as practicable give notice in writing to the Governor of the result of that election.
(4) Notice of the election of any person under this section shall be published in the Gazette.
(5) In an election under this Part no person shall have a casting vote in addition to a deliberative vote.
(6) Notwithstanding anything in this Ordinance, a person elected under this section shall be deemed to be a first representative member of the Regional Council.
District Board may elect first representative member.