1973-HKRS28-16-21_Part02 — Page 30

Transitional provisions concerning

contracts.

Repeal and

consequential amendment. (Cap. 101) Fourth Bebedule.

Bartlemeal IJ TAIL.

Qualleation for

regla tua dipan elector.

AN

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53. Any contract, agreement or undertaking imposing any obligation of conferring any benefit in force on 1st April 1973 relating to any premises the management and control of which is vested in the Council or to the supply of goods by or to any public officer in the performance of any function on behalf of the Council shall be deemed to have been entered into on behalf of the Council and shall be binding on all parties thereto.

54. (1) The Urban Council Ordinance is repealed.

(2) The enactments specified in the second column of the Fourth Schedule are amended to the extent and in the manner set out in the third column of that Schedule.

FIRST SCHEDULE

PART 1

FRANCHISE

[8]

(1) Subject to paragraphs 4 and 5. a person shall be ended to vote at the election of members of the Council if, and shall not be so entitled unless, having regard to paragraph 2 he is lawfully registered as an elector on the final register of electors in force on the date of the clection.

(2) A person registered as an elector on the final register of electors in force on the date of the election of members of the Council shall not be excluded from voting at that election on the ground that, baving regard to the provisions of paragraph 2. his name ought not to be on the final register; but this sub-paragraph shall not prevent the rejection of the vote by the Court on an election petition under Part IV of this Schedule or affect his fiability to any penalty for voting

2. (1) Subject to the provisions of sub-paragraph (3) and para- graphs 3, 4 and 5, a person shall be entitled to be registered as an elector on any register of electors to be compiled pursuant to paragraph 7 if, and shall not be so entitled unless, either-

(a) be

() was in fact registered as an elector on the last previous final register, and

(i) was lawfully entitled (whether by virtue of the operation of this sub-sub-paragraph or otherwise) to be registered on that register and each preceding final register (if any) on which his name appeared;

Provided that

(i) if a person was in fact registered on the last previous final register, it shall be presumed by the registration officer and, in proceedings before the revising officer, by the revising officer, until the contrary is shown to his satisfaction, that such person was lawfully entitled to be registered on that register and on every preceding final register on which his name appeared; and

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(i) where it is shown to the satisfaction of the registration officer or, in proceedings before the revising officer, to the satin- faction of the revising officer that a person was not lawfully entitled to be registered on any preceding Anal register on which bis dame appeared, such person shall nevertheless be deemed to be entitled under this sub-sub-paragraph to be registered on the register to be compiled as aforesaid if he shows to the salisfaction of the registration officer or, in proceedings before the revising officer, to the satisfaction of the revising officer that, in respect of any subsequent final register on which his name appeared, he was lawfully entitled to be registered as an elector otherwise than by virtue of the operation of this sub-sub- paragraph; or

(b) he satisfies the requirements of sub-paragraph (2).

(2) In respect of any register of electors, a person shall satisfy the requirements of this sub-paragraph within the meaning of sub-paragraph (I)b) if, at any time during the qualifying period for registration as an elector on that register, he-

(a) was either on the list of special jurors or the list of common jurors prepared in accordance with the provisions of section 7 of the Jury Ordinance, or would have been on the list of special jurors or the list of common jurors save that he had been omitted or removed therefrom merely through mistake in the preparation of such list; or

(b) would have been liable for jury service save for being over the age of sixty or being afflicted with deafness, blindness or other such infirmity; or

(c) was a person (which expression shall not, however, include a

wife whose income is deemed under the Inland Revenue Ordin- ance to be the income of her husband or who, with respect to business profits tax, is deered under that Ordbance to be one and the same person as her husband) who had, for each of at least three of the six years of assessment immediately pre- ceding the year of the assessment in which the qualifying period commences, paid one or other of the following taxes, that is to say-

(1) salaries tax assessed under Part II of the Inland Revenue Ordinance;

(U) business profits tax assessed under Part IV of that Ordin- ance in respect of any trade profession or business whether carried on by two or more persons jointly or not and whether Kuch tax was charged or paid in a partnership name or not; or

(iii) tax assessed under Part VII of that Ordinance pursuant to an election for personal assessment; and, for the purpušės of sub-sub-paragraph (U), payment by a partnership of business profits tax for any year of assessment shall, notwithstanding any agreement between the partners as to the division of the tax amongst themselves or any of them, be taken as sufficient payment of business profits tax for that year by each and every person who

a partner therein at any time during that year; or

(c) was—

was

(i) a member of an auxiliary force; or

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(ap) (12.)