TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 182

A 182

Ord. No. 39/85

Voting procedure.

First

representative

member where no election held under section 63. (2 of 1985.)

Tenure and

acceptance of office of first

representative member.

REGIONAL COUNCIL

64. (1) The election of a first representative member under section 63(1) shall be conducted by means of 1 or more secret ballots held—

(a) among those present and entitled to vote on the occasion of such election;

and

(b) in accordance with the following subsections.

(2) Subject to subsections (4) and (5) a candidate who receives an absolute majority of votes shall be deemed to be elected.

(3) Where there are 2 candidates and each receives an equal number of votes a further ballot shall be held.

(4) Where there are more than 2 candidates and no candidate receives an absolute majority of votes then—

(a) the candidate who receives the least number of votes shall be deemed to

have retired;

(b) if 2 or more candidates receive an equal number of votes and such number is the least number of votes a further ballot shall be held in respect of these candidates and the candidate who receives the least number of votes shall be deemed to have retired,

following which, in either case, a further ballot shall be held.

(5) If after a further ballot held under subsection (3) or (4) an equal number of votes is again received by the same candidates, lots shall be drawn and-

(a) the candidate on whom the lot falls shall be deemed to have retired; and (b) if one candidate remains, that candidate shall be deemed to be elected,

otherwise a further ballot shall be held.

65. Where a District Board does not hold an election under section 63(1) the person who immediately before the commencement of Parts I to VIII of this Ordinance was a member of the Provisional Regional Council elected by that District Board under section 5(2) of the Provisional Regional Council Ordinance 1985 shall be deemed to be the first representative member for that District Board of the Regional Council.

66. A first representative member elected under section 63 and referred to in section 65 shall-

1.

(a) subject to this Ordinance, hold office from 1 April 1986 until 31 March of

the year in which the next ordinary election is held for District Boards; and (b) comply with section 15 (acceptance of office) as if 1 April 1986 were the date of publication in the Gazette of the notification of his election to act as a representative member.

FIRST SCHEDULE

[ss. 8(1) & 22(1).]

Voting Procedure under section 8(1) and section 22(1)

The election of a representative member under section 8(1) or a Chairman or Vice-Chairman under section 22(1) shall be conducted by means of 1 or more secret ballots held---

(a) among those present and entitled to vote on the occasion of such election;

and

(b) in accordance with the following paragraphs.

2. Subject to paragraphs 4 and 5 a candidate who receives an absolute majority of

votes shall be deemed to be elected.

3.

4.

Where there are 2 candidates and each receives an equal number of votes a further ballot shall be held.

Where there are more than 2 candidates and no candidate receives an absolute majority of votes then

REGIONAL COUNCIL

Ord. No. 39/85

A183

(a) the candidate who receives the least number of votes shall be deemed to

have retired;

(b) if 2 or more candidates receive an equal number of votes and such number is the least number of votes a further ballot shall be held in respect of those candidates and the candidate who receives the least number of votes shall be deemed to have retired,

following which, in either case, a further ballot shall be held.

5. If after a further ballot held under paragraph (3) or (4) an equal number of votes

is again received by the same candidates, lots shall be drawn and--

(a) the candidate on whom the lot falls shall be deemed to have retired; and (b) if one candidate remains, that candidate shall be deemed to be elected,

otherwise a further ballot shall be held.

SECOND SCHEDULE

REGIONAL COUNCIL ORDINANCE

(No. 39 of 1985)

DECLARATION OF ACCEPTANCE of office

To the Secretary of the Regional Council.

of

I,

[s. 15(1).]

having been *elected/appointed to the office of member of the Regional Council hereby declare that I have satisfied myself that I am qualified and not disqualified and that I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.

Dated this

day of

Signature

19

This declaration was made and subscribed before me a *Justice of the Peace/ Magistrate/Commissioner for Oaths.

Note: *Delete whichever is inapplicable.

Signature

THIRD SCHEDULE

PART I

REGIONAL Council ORDINANCE

(No. 39 of 1985)

DECLARATION OF ACCEPTANCE of officE

To the Secretary of the Regional Council.

I,

of

[s. 22(4).]

having been elected to the office of Chairman of the Regional Council hereby declare that I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability.