TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 174

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Ord. No. 39/85

REGIONAL COUNCIL

HONG KONG

No. 39 OF 1985

I assent.

L.S.

David AKERS-JONES,

Acting Governor. 11 July 1985

An Ordinance to provide for the establishment and incorporation of the Regional Council, its constitution, functions and matters incidental thereto and to make consequential amendments.

REGIONAL COUNCIL

Ord. No. 39/85

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"Secretary" means any person appointed by the Governor to be Secretary of the Regional Council under section 29, or any Deputy Secretary or Assistant Secretary so appointed;

"sub-committee” means a sub-committee of the Regional Council appointed under

section 37(3);

"Urban Council area" has the meaning assigned to it in the District Boards (Cap. 366.)

Ordinance;

"Vice-Chairman" means any person elected to be Vice-Chairman of the Regional

Council under section 22.

(2) In an election under this Ordinance no person shall have a casting vote in addition to a deliberative vote.

Short title and commencement.

Interpretation.

(Cap. 254.)

(Cap. 366.)

(Cap. 1097.)

(Cap. 367.)

(Cap. 366.)

[1 April 1986]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Regional Council Ordinance 1985 and, subject to subsection (2), shall come into operation on 1 April 1986.

(2) Part IX shall come into operation on 1 March 1986.

2. (1) In this Ordinance, unless the context otherwise requires- "appointed member" means a person who has been appointed by the Governor to act

as a member of the Regional Council in accordance with section 9; "auxiliary force" means any of the auxiliary forces as defined in section 2 of the

Auxiliary Forces Pay and Allowances Ordinance;

"Chairman" means any person elected to be Chairman of the Regional Council under

section 22;

"committee” means a committee of the Regional Council appointed under section

37(1);

"District Board" means a District Board established under section 5 of the District

Boards Ordinance;

"elected member" means a person who has been elected to act as an elected member

under section 7;

"ex officio member" means a person referred to in section 6(d);

"Heung Yee Kuk" means the Heung Yee Kuk established under the Heung Yee Kuk

Ordinance;

"member" means an elected member, a representative member, an appointed member

or an ex officio member;

"ordinary election" has the meaning assigned to it in the Electoral Provisions

Ordinance;

"Regional Council" means the Regional Council established under section 3; "Regional Council area" has the meaning assigned to it in the District Boards

Ordinance;

"representative member" means a person who has been elected to act as a representa-

tive member of the Regional Council under section 8;

3.

PART II

ESTABLISHMENT, INCORPORATION AND CONSTITUTION

(1) There is hereby established a body corporate with perpetual succession Establishment. to be known as the Regional Council which in that name or its name under subsection (2) may sue and be sued.

(2) The name of the Regional Council in the Chinese language shall be “區域議局”

4. (1) The Regional Council shall have a common seal, and the fixing of the Seal. seal shall-

(a) be authorized or ratified by resolution of the Regional Council; and

(b) be authenticated by the signatures of the Chairman and any member of the Regional Council authorized by resolution of the Regional Council either generally or specially to act for that purpose.

(2) Any document purporting to be a document duly executed under the seal of the Regional Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed.

5. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Regional Council by any person generally or specially authorized by the Regional Council for that purpose.

6.

The Regional Council shall consist of—

(a) 12 elected members elected in accordance with section 7;

(b) 9 representative members elected in accordance with section 8;

(c) 12 members appointed under section 9; and

(d) the Chairman and 2 Vice-Chairmen of the Heung Yee Kuk who shall be ex

officio members.

7.

Certain contracts and instruments not required to be under seal.

Regional Council.

The elected members shall be elected in accordance with the provisions of Tenure of office of the Electoral Provisions Ordinance and shall, subject to this Ordinance, hold office- elected members.

(Cap. 367.) (a) in the case of a member elected at an ordinary election for the Regional Council, for 3 years from 1 April next following the notification in the Gazette of his election;

(b) in the case of a member elected to fill a vacancy caused by an elected member ceasing to be a member in accordance with section 20, from the date of the notification in the Gazette of his election until the date when the period of office of the elected member whom he succeeded would otherwise have expired.