TNAG-2015-FCO40-2866-Constitutional-development-in-Hong-Kong-1991-1990 — Page 14

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 a member of the

Legislative Council 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 a member of the Legislative Council 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