Second Schedule.
Second Schedule.
Election of
elected
Members of
Legislative
Council.
Constituencies and
number of seats.
First Schedule.
Second Schedule.
First Schedule.
Second Schedule.
Tenure of office.
First Schedule.
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(2) References in this Ordinance to a functional constituency shall, in the of a functional constituency which in the Second Schedule is divided into 2 or n electoral divisions, be construed as references to each such electoral division thereof.
(3) References in the third column of the Second Schedule to an entitlement to vote at a general meeting of a body specified in that column shall be construed as references to such entitlement as determined in accordance with the constitution, rules or articles of association of such body in force at the commencement of this Ordinance or as amended or replaced thereafter with the written approval of the Chief Secretary.
(4) References in this Ordinance to a person having a substantial connexion with a functional constituency include—
(a) in relation to a body which comprises or forms part of that constituency, references to any person who is a member, partner, director, officer or is concerned in the management (or any part of the management) of such body or of a body which is an elector in that constituency;
(b) in relation to a class of persons which comprises or forms part of that
constituency, references to any person who belongs to that class.
3.
PART II
ELECTORAL COLLEGE AND FUNCTIONAL CONSTITUENCIES AND GENERAL PROVISIONS AS TO THE ELECTION OF MEMBERS
(1) An election to elect all the elected Members of the Legislative Council shall be held—
(a) in 1985; and
(b) in each succeeding third year after an election is held under this section. (2) An election shall be held under this section within 3 months after a dissolution of the Legislative Council.
(3) The date for holding an election under this section shall be appointed by the Governor by notice in the Gazette.
(4) The election of any person elected as an elected Member under this section shall be published in accordance with regulations made under section 28.
4. (1) For the purposes of this Ordinance, there shall be the following constituencies—
(a) the electoral college constituencies specified in the first column of the First
Schedule; and
(b) the functional constituencies specified in the first column of the Second
Schedule.
(2) The number of persons who may be elected as elected Members in each constitutency shall be—
(a) in an electoral college constituency, the number specified in respect of that
constituency in the third column of the First Schedule;
(b) in a functional constituency, the number specified in respect of that con-
stituency in the fourth column of the Second Schedule.
5. (1) Subject to this Ordinance, an elected Member shall hold office-- (a) in the case of an elected Member elected in an election held under section 3, for the period commencing on the appointed date next after his election and ending on the dissolution of the Legislative Council next after his election; (b) in the case of an elected Member elected in an election held in 1985 under section 3 in the electoral college constituency specified in the first column of item 2 of the First Schedule, for the period commencing on the appointed date next after his election and, except where the Legislative Council is sooner dissolved, ending on the date on which the Provisional Regional Council ceases to exist;
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(c) in any other case, for the period commencing on the date on which his election is published in accordance with regulations made under section 28 and ending on the dissolution of the Legislative Council next after his election,
and shall be eligible for re-election.
(2) Every elected Member shall vacate his office on a dissolution of the Legislative Council.
(3) In subsection (1) "appointed date" means such date as the Governor shall appoint for the commencement of a session of the Legislative Council.
6.
(1) An elected Member shall not act as such Member unless he has given Acceptance notice in writing to the Governor of his acceptance of office as such Member within 30 of office. days after the date on which his election is published in accordance with regulations made under section 28.
(2) Where an elected Member fails to give notice to the Governor in accordance with subsection (1) notice to that effect shall be published in the Gazette and such Member shall, in respect of such election, be disqualified from holding office as from the date of publication.
7. (1) An elected Member may at any time resign by giving notice in writing Resignation. under his hand to the Governor.
(2) A notice of resignation given under subsection (1) shall take effect—
(a) on the date on which the notice is received by the Governor; or
(b) where a later date is specified in the notice, on such later date.
8.
If an elected Member fails throughout a period of 3 consecutive months in Non-attendance.
the same session of the Legislative Council to attend any sitting thereof he shall, unless the failure was due to some reason excused by the Governor, cease to hold office as an elected Member.
9.
The office of an elected Member shall become vacant where-
(a) he becomes disqualified from holding office under section 6(2);
(b) he resigns under section 7;
(c) he ceases to hold office under section 8;
(d) he becomes disqualified from holding office as an elected Member under
section 21;
(e) he is convicted on a date after his election of an offence referred to in section
21(g)(ii) or (iii);
(he ceases to hold office under section 40;
(g) a declaration that he is disqualified is made under section 44;
Casual vacancies.
(h) he ceases to be registered as an elector under the Electoral Provisions (Cap. 367.)
Ordinance;
(i) while an elected Member, he is elected as an elected Member in an election
held under section 11;
(j) he dies; or
(k) he becomes disqualified or ceases to hold office for any other reason.
10. Except in the case of a vacancy occurring in any period of 3 months referred Declaration
vacancy.
to in section 3, where the office of an elected Member becomes vacant under section 9, of casual the Governor shall, by notice published in the Gazette within 21 days after the vacancy has come to his knowledge, declare that a vacancy exists in the Legislative Council.
11. Where the Governor makes a declaration under section 10 in respect of any Election to constituency, an election to fill the vacancy shall be held in that constituency, and the fill casual result thereof published, in accordance with regulations made under section 28.
vacancy.
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