1973-HKRS28-16-21_Part02 — Page 22

Urban Council.

(Cap 101]

Tenure of

office of elected

members.

Final Schedule.

Electoral provisions contained in First Schedule.

Appointment and tenure of

office of appointed members.

6. (1) The Council shall consist of twelve elected members and twelve members appointed by the Governor.

(2) Any person holding office as an ordinary member of the Council on the 1st day of April 1973, under section 3(b) of the Urban Council Ordinance repealed by section 54 (hereafter referred to as the former Ordinance) and any person elected or appointed to the Council but who has not assumed office at that date shall continue to hold office or shall proceed to take up office, as the case may be, notwithstanding the repeal of the former Ordinance and shall bold office until such time as his term of office under the former Ordinance would have expired.

7. The elected members shall be elected in accordance with the provisions of the First Schedule and shall hold office-

(a) in the case of a member elected at an ordinary election, for four years from the 1st day of April next following the notification in the Gazette of his election:

(b) in the case of a member elected at an extraordinary election or to fill a vacancy caused by an elected member ceasing to be a member in accordance with section 17. from the date of the notification in the Gazette of his election until the date when the elected member whom he succeeded would otherwise have ceased to hold office.

8.

(a)

The provisions of the First Schedule shall have effect- in Part I thereof, to determine the persons qualified for registration as electors in elections for elected members;

(6) in Part II thereof, to govern the registration as electors

of persons qualified under Part I:

(c) in Part III thereof, to lay down the procedure for the

conduct of elections; and

(d) in Part IV thereof, to prescribe the procedure for chalf- enging the result of any election by the presentation of election petitions to the Supreme Court and the powers of the Court on clection petitions.

9. (1) An appointed member shall be appointed by the Governor by a notification in the Gazette.

(2) Each appointed member shall hold office for such period not exceeding four years as the Governor may determine from

5

the 1st day of April next following the notification in the Gazette of his appointment or reappointment.

PART III

GENERAL PROVISIONS AS TO MEMBERS OF THE COUNCIL

10. A person shall be disqualified for being elected or being nominated for election or being appointed or holding office as a member if he

(a) holds any office of emolument under the Crown (other than as a member of an auxiliary force) or any office of emolument in the gift or disposal of the Council or any committee thereof or having held such office has been dismissed therefrom:

(b) has in any Commonwealth country been sentenced to death or imprisonment (by whatever name called) for a term exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor or received a free pardon;

(c)

has been convicted of treason;

(d) is disqualified from being elected or being nominated for election or being appointed or holding office as a member under any enactment;

(e) is a member of any Parliament, assembly or council, whether central or local, of a foreign country or a salaried functionary of a foreign government;

(f) is an undischarged bankrupt or, within the previous live years. 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.

11. (3) A person of either sex, unless disqualified by virtue of this Ordinance or any other enactment, shall be qualified for nomination as a candidate for clection or appointment as a member if he is-

(4) entitled to be and is registered as an elector; and

Disqualifica- tion from membership

of the Council.

Qualification for member- ship of the Council,