1959-HKRS28-8-26_Part03 — Page 29

Authenticated Laws 確真本香港法例 All

Short tide,

and con- sulution of Heung Yoe Kuk,

1. 1959.

2

PART I.

Establishment and Constitution of Heung Yee Kuk.

This Ordinance may be cited as the Heung Yee Kuk Ordinance,

Establishment 2. (1) There shall be established in the New Territories, which expression shall be read and construed in this Ordinance as meaning the New Territories excluding New Kowloon, a body to be known as the Heung Yee Kuk (6) (hereinafter referred to as the Kuk).

(2) The Kuk shall consist of-

Pull Council.

(Cap. 151).

() the Chairman and two Vice-Chairmen who shall be members of the Executive Committee and shall be elected by the Full Council;

(b) a Full Council; and

(c) an Executive Committee of the Full Council.

3. (1) The Full Council shall consist of Ex Officio Councillors and Special Councillors.

(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 Unofficial Justices of the Peace, (b) Special Councillors shall not exceed twenty-one in number, not more than seven of whom shall be elected by the Ex Officio Councillors of each of the three districts of Tai Po, Yuen Long and Southern Districts from among Village Representatives or such other persons os may be approved by the District Com- missioner.

(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 District Commissioner, the term "Rural Committee" means a Rural Committee being a society registered or exempted from registration under the Societies Ordinance and approved by the District Commissioner, and on the withdrawal of such registra- tion, 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;

3

(c) where any doubt arises as to whether any person is a New Territories Unofficial Justice of the Peace a certificate issued by the Colonial Secretary shall be conclusive as to that matter: and

(d)

4.

(i) where the District Commissioner refuses to approve any person as a candidate for election as a Special Councillor or refuses to approve any person, or withdraws approval of any person, as a Village Representative, such person may within fourteen 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 place and no person shall cease to be eligible for election as a Special Councillor by reason of the District Commissioner's refusal or withdrawal of approval:

Provided that where a person, notwithstanding the District Commissioner's refusal or withdrawal of approval, is elected as a Special Councillor during such period, he shall become disqualified and cease to be a Councillor of the Kuk in the event of his petition being rejected, or if he does not appeal. on the expiry of the period limited therefor.

(1) The Executive Committee shall consist of Ex Officio Executive Members and Ordinary Members.

(2) (a) The following shall be Ex Officio Members-

(i) the Chairmen of Rural Committees, and

(ii) New Territories Unofficial Justices of the Peace.

(8) Ordinary Members shall not exceed fifteen in number, and shall be Councillers of, and elected by, the Full Council. (3) The Full Council shall be deerted to have delegated to the Executive Committee such of its powers as are necessary for the carrying out of the objects of the Kuk.

PART [1.

Election and Tenure of Office of Chairman, Members and Councillors.

5. (1) The Chairman, Vice-Chairmen, Members of the Executive Committee and Councillors of the Full Council shall be elected in the manner prescribed in the First Schedule.

Canamiliac.

Election of office of Chairman, Members and Councillors. First

(2) Upon election the Chairman, Vice-Chairmen, Ordinary Mem- bers and Special Councillors shall hold office for a term of two years Schedule, commencing on the first day of June,

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.