A 198
Ord. No. 41/85
Amendment of section II.
Amendment of section 14.
Amendment of section 19.
ELECTIONS (MISCELLANEOUS AMENDMENTS)
(c) the Governor in Council may declare any area of a District to be a constituency for the purpose of the election of persons to act as members of the District Board established for that District;
(d) the Governor may, in respect of any constituency declared under paragraph (a), (b) or (c), declare the number of vacancies for members of that constituency."; and
(b) in subsection (2) by deleting “or (b)" and substituting the following
", (b) or (c)".
18. Section 11 of the second principal Ordinance is amended— (a) by deleting subsection (1)(b) and substituting the following—
(Cap. 136.)
"(b) is the subject of a decision under the Mental Health Ordinance that he is of unsound mind and incapable of managing himself and his affairs;"; and
(b) by inserting after subsection (2) the following—
(Cap. 136.)
"(3) Nothing in subsection (1)(b) shall prevent the registration as an elector or, if registered, the voting at an election of a person to whom subsection (1)(b) applied if under the Mental Health Ördinance it is subsequently found that his unsoundness of mind has ceased.".
19. Section 14 of the second principal Ordinance is amended— (a) in subsection (1)—
(i) in paragraph (a) by deleting "10 November in every year, or before such later date, not being later than 15 November, in that year as the Governor may in any special circumstances allow" and substituting the following-
"15 November in each year"; and
(ii) in paragraph (b) by deleting "5 January of the next following year, or before such later date, not being later than 15 January, in that year as the Governor may in any special circumstances allow" and substituting the following--
"15 January of the following year"; and
(b) by inserting after subsection (2) the following-
"(3) The registration officer may rectify any clerical or printing error or any incorrect name, address or other personal particulars appearing in any register.".
20. Section 19 of the second principal Ordinance is amended--
(a) in paragraph (a) by inserting after “Council" the following-
<<
or of the Regional Council,”;
(b) in paragraph (e) by deleting “a foreign country or a salaried functionary of a
foreign government" and substituting the following--
"any place outside Hong Kong or a salaried functionary of a govern- ment of such place";
(c) by being renumbered as subsection (1); and
(d) by inserting after subsection (1) the following—
(Cap. 136.)
"(2) A person shall be disqualified-
(a) from being elected or being nominated as a candidate in an election if there is in force a decision under the Mental Health Ordinance that he is of unsound mind and incapable of managing himself and his affairs;
ELECTIONS (MISCELLANEOUS AMENDMENTS)
Ord. No. 41/85
A 199
(b) from holding office as a member if a decision is made under the Mental Health Ordinance that he is of unsound mind and incapable of managing himself and his affairs, but a person disqualified under this paragraph shall be eligible for re- election if under that Ordinance it is subsequently found that his unsoundness of mind has ceased.".
21. Section 21 of the second principal Ordinance is amended- (a) in subsection (1) by inserting after "Council" the following-
the Regional Council"; and
66
>
(b) in subsection (2)——
(i) by deleting the full stop at the end and substituting a colon; and (ii) by inserting the following-
"Provided that in the case of the Regional Council area a person shall be qualified to stand as a candidate and to be elected for one constituency for the purpose of electing a person to act as a member of the Regional Council and one constituency for the purpose of electing a person to act as a member of a District Board in the Regional Council area.".
Amendment of section 21.
22. The second principal Ordinance is amended by adding after section 22 the Addition of following-
"Effect of election of Urban Council members to Regional Council and vice versa.
22A. (1) Any person who, being an appointed or elected member of the Urban Council, is elected as a member of the Regional Council shall forthwith be deemed to have resigned his membership of the Urban Council.
(2) Any person who, being an appointed or elected member of the Regional Council, is elected as a member of the Urban Council shall forthwith be deemed to have resigned his membership of the Regional Council.".
section 22A.
23. Section 33(2) of the second principal Ordinance is amended by inserting Amendment of after "Urban Council," the following-
"of the Regional Council Chamber in the case of an election to the Regional Council,".
section 33.
24. (1) The Electoral Provisions (Procedure) Regulations are amended in the Consequential manner and to the extent set out in the Second Schedule.
amendments. (Cap. 367,
(2) The Electoral Provisions (Election Petitions) Rules are amended in the sub. leg.) manner and to the extent set out in the Third Schedule.
(3) The Orders set out in the second column of the Fourth Schedule and the provisions set out in the third column of the Fourth Schedule are amended in the manner and to the extent set out in the fourth column of the Fourth Schedule.
PART IV
AMENDMENTS TO THE CORRUPT AND ILLegal PractiCES ORDINANCE
25. Section 2 of the Corrupt and Illegal Practices Ordinance ("the third principal Ordinance") is amended by inserting after the definition of "elector" the following definition-
(39 of 1985.)
"
"representative member" has the meaning assigned to it in the Regional
Council Ordinance 1985;".
Second Schedule. (Cap. 367, sub. leg.) Third Schedule.
Fourth Schedule.
Amendment of section 2.
(Cap. 288.)