TNAG-2721-FCO40-3927-Hong-Kong-elections-nationality-restrictions-1993 — Page 63

GOVERMENT HOUSE HONG KONG.

FRI

13 HUG 45 22:33

PG.12

Annex B

Proceedings Against Persons on

Grounds of Disqualifications

Section 45 of the Electoral Provisions Ordinance,

Cap. 367, reads:

"(1) Proceedings

to

may

be instituted in the Court against any person acting as a member of the Legislative Council or claiming to be entitled so 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)

(c)

grant an injunction restraining the defendant from so acting; and

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 Council and is disqualified within the meaning of subsection (8) from acting in that office, the Court may -

Legislative

(a)

(b)

(4)

make a declaration to that effect; and

grant an injunction restraining the defendant from so acting.

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,

@