18
CAP. 381] Legislative Council (Electoral Provisions)
[1988 Ed.
office but no proceedings shall be instituted under this section against any such person after the expiration of 6 months from the date on which he so acted or claimed to be entitled so to act.
(2) Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may—
(a) make a declaration to that effect;
(b) grant an injunction restraining the defendant from so acting; and (c) order that the defendant shall pay 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) Where in proceedings instituted under this section it is proved that the defendant has claimed to be entitled to act as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may-
(a) make a declaration to that effect; and
(b) grant an injunction restraining the defendant from so acting.
(4) No proceedings shall be instituted under this section by any person other than an elector or the Attorney General.
(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall be stayed until such person shall give security for all costs, charges and expenses which may become payable by such person to any witness giving evidence in the proceedings on that person's behalf or to a defendant.
(6) Any security given under this section 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 from acting as an elected Member, so acted or claimed to be entitled so to act.
(8) For the purposes of this section, a person is disqualified from acting as an elected Member if-
(a) he is not qualified to be, or is disqualified from being, such elected Member; or
(b) he has ceased to hold office as such elected Member.
Time limit for laying complaint or information
45. Except as otherwise provided in this Ordinance any complaint or information in respect of the commission of an offence against this Ordinance shall be laid within 3 years from the date of such commission.
Amendment of Schedules
46. The Governor in Council may, by order published in the Gazette, amend the First and Second Schedules.