Incorpora.
tion of Chairman
and Vice- Chairmen.
Vesting of property.
(Cap. (24),
Use of words. Heung Yee Kuk.
Amendment
6
PART IV.
Miscellaneous.
12. The Chairman and Vice-Chairmen for the time being of the Kuk shall be a body corporate which shall be known as the Heung Yee Kuk Incorporated and which—
(6) may sue and be sued; and
(b)
may enter into contracts, and acquire and hold property in trust for the purposes of this Ordinance.
13. (1) On the coming into operation of this Ordinance the property known as Lot 800 A in D.D. 6 and situated at 6 to 8 Sbung Tak Street in Tai Po, New Territories shall be transferred to and vested in the Crown, and all rights in, upon or over such property shall be extinguished and cease to exist.
(2) Any person having title to such property immediately before the coming into operation of this Ordinance may claim compensation in like manner as if such property had been resumed under the Crown Lands Resumption Ordinance, and the provisions of that Ordinance shall apply in respect of such claims.
(3) On the coming into existence of the Heung Yee Kuk Incor- porated it shall be entitled to a lease of such property on the same terms and conditions as existed in the former Crown lease or on such other terms and conditions as may be agreed between the Heung Yee Kuk Incorporated and Government.
14. (1) The words Heung Yee Kuk (85) shall be used solely by, and in connexion with, the Kuk established under this Ordinance.
(2) Any person other than the Chairman, Vice-Chairmen, Councillors, Members or Officers of the Kuk who uses any term or conducts himself in any manner which is calculated to give the impres sion that he is an Officer, Member or Councillor of the Kuk, shall be guilty of an offence and liable to a fine of two thousand dollars.
15. (1) The provisions contained in the First and Second of Schedules. Schedules may be amended by resolution of two thirds of the members of the Full Council. Such resolution shall require the prior approval of two thirds of the members of the Executive Committee.
General providcom
(2) Any such amendment shall be subject to the approval of the Governor.
FIRST SCHEDULE.
Ruler for conduct of elections.
[ss. 5(1) & 7(2))
1. The following provisions shall apply to all elections- (a) Every person entitled to vote shall have one vote for each vacancy. In the case of elections for Special Councillors, Councillors may vote only for vacancies in their own district of Tai Po, Yuen Long or
*
Southern District as the case may be, and in this Schedule the term "district" shall be read and construed as referring only to such places. (b) Voting shall be by secrel ballot.
(c) The candidate receiving the highest number of votes shall be declared clected unless the Returning Officer declares the election invalid under section 7 of the Ordinance.
2.
Commu
(1) Nominations for Special Councillors for any district shall be sent Nomads to the Returning Offeer before such date as may be announced by him, and for Special shall be proposed and seconded by Ex Officio Councillors of that district and countersigned by the candidate signifying his willingness to serve as a Special Councillor.
(2) The Returning Officer shall send a list of the names of persons nominated as Special Councillors for cach district to all Rural Committees in that district.
3. The election of Special Councillors shall take place at a meeting of Eccom Ex Officio Councillors for each district, which meeting shall be called by the of Special Councilom Returning Officer not less than twenty-one days after the date fixed by the Returning Officer under paragraph 2(1) nor less than fourteen days after the despatch by bim of the list of candidates under paragraph 2(2):
Provided that in the event of the number of candidates in a district being equal to or less than the number of vacancies in that district, the Returning Officer shall declare such candidates as duly elected, and no meeting of Ex Officio Councillors for that district need be culled.
Ordinary
All Councillors other than Er Officio Members of the Executive Com. Dections of mittee shall be considered as candidates for election as Ordinary Members of Members of the Executive Committee unless they signify in writing to the Keturning Officer Executive their unwillingness to serve as such Members. The election for Ordinary Committee. Members of the Executive Committee shall take place at a meeting of the Full Council to be called by the Returning Officer not less than fourteen days after the last of the elections for Special Councillors.
S. (1) Subject to the provisions of sub-paragraph (2) all members of the Elections of Bxecutive Committee shall be considered as candidates for election as Chairman airman and
Vice-ChaimmeLIN. or Vice-Chairmen unless they signify in writing to the Returning Officer their unwillingness to serve as such office bearers.
(2) No member of the Executive Committes from the same district as the newly elected Chairman shall be eligible as a candidate for the office of Vice- Chairmen. Siradarly no member of the Executive Commitice from the district of either the newly elected Chairman or newly elected Vice-Chairman shall be eligible as a candidate for the other Vice-Chairman.
6. Subject to the provisions of section 7 of the Ordinance the Executive Election cudan. Commitice may make rules (or the conduct of elections, and such rules shall require the prior approval of the District Commissioner before coming into operation,
SECOND SCHEDULE.
Rules for the exercise of powers and functions,
(s. 10(2))
1. The Full Council shall hold meetings once every six months, and at the Mealms of request of not less than ten Councillors or of the District Commissioner, or by Full Couaca. order of the Executive Committee. At such meetings one third of the Councillors shall constitute a quorur,
The Excculive Committer stall hold meetings once in every month, and at the request of not less than five members or of the District Commissioner, At such meetings one balf of the members shall constitute a quorum.
Meetings of Execurve
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