1955-HKRS29-8-22_Part01 — Page 30

Qualifica- tion for member-

ship of the Council.

(Cap. 3).

Eligibility

() is an undischarged bankrupt or within five years before has either obtained his discharge in bankruptcy or has entered into a composition with his creditors, in either case, without paying his creditors in full.

7.

A person of either sex, unless disqualified by virtue of this Ordinance or any other enactment, shall be qualified for nomination as a candidate or election or appointment as an ordinary member if he is-

(a) entitled to be and is registered as an elector, and

(b) able, to the satisfaction of such authority or person as the Governor may appoint in that behalf, to speak, and, unless incapacitated by blindness or other physical cause, to read and write the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Council:

Provided that if any person is possessed of the knowledge of the English language required by section 4 of the Jury Ordinance he shall be deemed without further inquiry to satisfy the require- ments of paragraph (b) of this section.

B.

A person ceasing to be an ordinary member shall, unless for re-

he is not qualified or is disqualified, be eligible to be again elected, election or reappoint- nominated for election or appointed as an ordinary member. ment.

Saving.

Acceptance of office.

Schedule.

9. The acts and proceedings of any person elected or appointed as an ordinary member under the provisions of this Ordinance and acting as such shall, notwithstanding his dis- qualification or want of qualification, be as valid and effectual as if he had been qualified.

10. (1) A person elected or appointed to be an ordinary member shall not, unless he has made a declaration of acceptance of office in the form prescribed in the Schedule and the declaration has been delivered to the Chairman within thirty days after the publication in the Gazette of the notification of his election or appointment, act as such ordinary member.

1

(2) If such declaration is not made and delivered to the Chairman within thirty days after the publication in the Gazelle of the notification of such election or appointment the election or appointment of the said person shall thereupon be null and void.

(3) The declaration shall be made before a Justice of the Peace or Magistrate within the Colony or a Commissioner for Oaths.

member.

11. An ordinary member may at any time resign his office Resigna- by a notice in writing sigued by him and delivered to the Chairman tion of and such resignation shall take effect upon the receipt of the notice. of resignation by the Chairman.

12. (1) If an appointed member is of the opinion that he Subelity- will be prevented for more than six months by absence from the

Lion of members. Colony or any other cause from acting he may give notice in writing to this effect to the Governor who may thereupon appoint some other person to replace such appointed member until be returns to the Colony or is able to resume his functions and bas notified the Governor in writing accordingly.

(2) If an appointed member has been prevented for more than six months by absence from the Colony or other cause from acting and has not given the notice prescribed in subsection (1) hereof the Governor may appoint some other person to replace such appointed member until he returns to the Colony or is able to resume his functions and has notified the Governor in writing accordingly.

13. If an ordinary member fails throughout a period of six Non- consecutive months to attend any meeting of the Council he shall, attendanes. unless the failure was due to some reason approved of by the Council, cease to hold office as a member of the Council:

Provided that a member of the Defence Force or Auxiliary Services or of the Hong Kong Police Reserve Force employed as such during war or emergency on any service therewith shall not cease to hold office as an ordinary member by reason only of failure to attend meetings of the Council if such failure was due to such employment.