TNAG-1354-FCO40-1795-Constitutional-development-in-Hong-Kong-1985 — Page 47

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Second Schedule.

Second Schedule.

Election of elected

Members of

Legislative Council.

Ord. No. 13/85 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

"registered" means registered in the final register;

"Registrar" means the Registrar of the Supreme Court;

"registration officer" means any of the following-

(a) the person appointed under section 16 to be the registration officer;

(b) any person appointed under that section to be an assistant registration

officer;

"returning officer" means any of the following—

(a) the person appointed under section 23 to be a returning officer;

(b) any person appointed under that section to be an assistant returning officer; "revising officer" means the revising officer appointed under section 18;

"specified form" means a form specified under section 43.

(2) References in this Ordinance to a functional constituency shall, in the case of a functional constituency which in the Second Schedule is divided into 2 or more electoral divisions, be construed as references to each such clectoral 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.

PART II

ELECTORAL COLLEGE AND FUNCTIONAL CONSTITUENCIES AND GENERAL PROVISIONS AS TO THE ELECTION OF MEMBERS

3. (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 90 days 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.

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

Ord. No. 13/85

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4. (1) For the purposes of this Ordinance, there shall be the following Constituencies and constituencies-

number of seats.

(a) the electoral college constituencies specified in the first column of the First First Schedule.

Schedule; and

(b) the functional constituencies specified in the first column of the Second Second Schedule.

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;

Second Schedule.

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;

Tenure of office.

(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 First Schedule. 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;

(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.