1988 Ed.]
Heung Yee Kuk
[CAP. 1097
3
(2) (a) The following shall be Ex Officio Councillors—
(i) the Chairmen and Vice-Chairmen of Rural Committees, who shall be deemed to have resigned as Councillors on ceasing to hold such office; and
(ii) New Territories Justices of the Peace. (Amended, 18 of 1988, s. 2)
(b) Special Councillors shall not exceed 21 in number, not more than 7 of whom shall be elected by the Ex Officio Councillors of each of 3 districts of Tai Po, Yuen Long and Southern District from among Village Representatives or such other persons as may be approved by the Secretary for District Administration. (Amended, L.N. 94/74; L.N. 370/81 and L.N. 14/83)
(c) Co-opted Councillors shall not exceed 15 in number and shall be selected as follows—
(i) a member of a Rural Committee is not eligible;
(ii) the candidates must be nominated by 5 members of the Executive Committee, one of whom shall be the Chairman or a Vice-Chairman;
(iii) the nominated candidates must be approved by the Secretary for District Administration; and
(iv) those approved under sub-paragraph (iii) must be confirmed by the Full Council. (Added, 18 of 1988, s. 2)
(3) For the purposes of this Ordinance—
(a) the term "Village Representative" means a person elected or otherwise chosen to represent a village who is approved by the Secretary for District Administration; the term "Rural Committee" means a Rural Committee being a society registered or exempted from registration under the Societies Ordinance (Cap. 151) and approved by the Secretary for District Administration; and on the withdrawal of such registration, exemption or approval the Village Representative, or Chairman or Vice-Chairman of the Rural Committee, as the case may be, shall become disqualified and cease to be a Councillor of the Kuk or eligible for election thereto;
(b) the term "Southern District" includes Tsuen Wan District;
(c) where any doubt arises as to whether any person is a New Territories Justice of the Peace, a certificate issued by the Chief Secretary shall be conclusive as to that matter; and
(d) (i) where the Secretary for District Administration refuses to approve any person as a candidate for election as a Special Councillor or for confirmation as a Co-opted Councillor or refuses to approve any person, or withdraws approval of any person, as a Village Representative, such person may within 14 days of such refusal or withdrawal appeal therefrom by way of petition to the Governor in Council, whose decision shall be final;
(ii) pending the determination of an appeal instituted under sub-paragraph (i), or where there is no appeal the expiry of the period limited therefor, no disqualification shall be deemed to have taken