1988 Ed.]
District Boards
[CAP. 366
13
Proceedings against persons on grounds of disqualification
26. (1) Proceedings may be instituted in the High Court against any person acting as a 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: (Amended 65 of 1984 s. 12)
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 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 (Cap. 367)) 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.
(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 reason of failure to notify and deliver the notification of acceptance of office within the period required or resignation, or for any other reason, he has ceased to be a member.