TNAG-1354-FCO40-1795-Constitutional-development-in-Hong-Kong-1985 — Page 52

A60

Ord. No. 13/85

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

Forms.

Proceedings against persons on grounds of disqualification.

Time limit for

laying complaint

or information.

Amendment of Schedules.

(2) A public officer shall, in the exercise or performance of his functions, duties or powers under this Ordinance, comply with any direction given by the Governor under subsection (1).

(3) This section shall not apply to any person acting in a judicial capacity.

43. Subject to this Ordinance, the registration officer may specify the form of any application, notice, record, return or other document required for the purposes of this Ordinance.

44. (1) Proceedings may be instituted in the Court against any person acting as an elected Member or claiming to be entitled so to act on the ground that he is disqualified within the meaning of subsection (8) from acting in that office but no proceedings shall be instituted under this section against any such person after the expiration of 6 months from the date on which he so acted or claimed to be entitled so

to act.

(2) Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may-

(a) make a declaration to that effect;

(b) grant an injunction restraining the defendant from so acting; and

(c) order that the defendant shall pay to the Crown such sum as the Court thinks fit, not exceeding $1,000, for each occasion on which he so acted while disqualified.

(3) Where in proceedings instituted under this section it is proved that the defendant has claimed to be entitled to act as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may-

(a) make a declaration to that effect; and

(b) grant an injunction restraining the defendant from so acting.

(4) No proceedings shall be instituted under this section by any person other than an elector or the Attorney General.

(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall be stayed until such person shall give security for all costs, charges and expenses which may become payable by such person to any witness giving evidence in the proceedings on that person's behalf or to a defendant.

(6) Any security given under this section shall be of such amount not exceeding $20,000, and shall be given in such manner and form, as the Court may direct.

(7) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has, while disqualified from acting as an elected Member, so acted or claimed to be entitled so to act.

(8) For the purposes of this section, a person is disqualified from acting as an elected Member if-

(a) he is not qualified to be, or is disqualified from being, such elected Member;

or

(b) he has ceased to hold office as such elected Member.

45. Except as otherwise provided in this Ordinance any complaint or informa- tion in respect of the commission of an offence against this Ordinance shall be laid within 3 years from the date of such commission.

46. The Governor in Council may, by order published in the Gazette, amend the First and Second Schedules.

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

Ord. No. 13/85

A61

FIRST SCHEDULE

[ss. 4, 5, 13, 15 & 46.]

ELECTORAL COLLEGE CONSTITUENCIES

First column

Second column

Third column

Constituencies

Electors

Number of

elected

Members

Urban Council electoral college constituency. Provisional Regional

SPECIAL CONSTITUENCIES

1.

Appointed and elected members of the Urban Council.

1

(a) Appointed and elected

1

Council electoral college constituency.

members of the Provisional Regional Council.

2.

(b) Chairman and Two Vice-

Chairmen of the Heung Yee Kuk.

DISTRICT BOARD CONSTITUENCIES

3. Hong Kong Island (East)

electoral college constituency.

4. Hong Kong Island (West)

electoral college constituency.

5.

Kwun Tong electoral college constituency.

6. Wong Tai Sin electoral

college constituency.

(a) Appointed and elected

members of Eastern District Board (other than members who are members of the Urban Council or the Provi- sional Regional Council). (b) Appointed and elected

members of Wanchai District Board (other than members who are members of the Urban Council or the Provisional Regional Council).

(a) Appointed and elected

members of Central and Western District Board (other than members who are members of the Urban Council or the Provisional Regional Council).

(b) Appointed and elected

members of Southern District Board (other than members who are members of the Urban Council or the Provisional Regional Council).

Appointed and elected members of Kwun Tong District Board (other than members who are members of the Urban Council or the Provisional Regional Council).

Appointed and elected members of the Wong Tai Sin District Board (other than members who are members of the Urban Council or the Provisional Regional Council).

1

1

1