1964_HEUNG_YEE_KUK_ORDINANCE — Page 4

1988 Ed.]

Heung Yee Kuk

[CAP. 1097

3

(2) (a) The following shall be Ex Officio Councillors—

(i) the Chairmen and Vice-Chairmen of Rural Committees, who shall be deemed to have resigned as Councillors on ceasing to hold such office; and

(ii) New Territories Justices of the Peace. (Amended, 18 of 1988, s. 2) (b) Special Councillors shall not exceed 21 in number, not more than 7 of whom shall be elected by the Ex Officio Councillors of each of 3 districts of Tai Po, Yuen Long and Southern District from among Village Representatives or such other persons as may be approved by the Secretary for District Administration. (Amended, L.N. 94/74;

L.N. 370/81 and L.N. 14/83)

(c) Co-opted Councillors shall not exceed 15 in number and shall be

selected as follows-

(i) a member of a Rural Committee is not eligible;

(ii) the candidates must be nominated by 5 members of the Executive Committee, one of whom shall be the Chairman or a Vice-Chairman;

(iii) the nominated candidates must be approved by the Secretary for District Administration, and

(iv) those approved under sub-paragraph (iii) must be confirmed by the Full Council. (Added, 18 of 1988, s. 2)

(3) For the purposes of this Ordinance-

(a) the term "Village Representative" means a person elected or otherwise chosen to represent a village who is approved by the Secretary for

District-Administration, the term "Rural Committee” means a Rural LN, 262 of 1PP

Committee being a society registered or exempted from registration under the Societies Ordinance (Cag. 151) and approved by the Secretary for District Administration, and on the withdrawal of such

Ø

registration, exemption or approval the Village Representative, or Home Affairs

Chairman or Vice-Chairman of the Rural Committee, as the case may be, shall become disqualified and cease to be a Councillor of the Kuk or eligible for election thereto;

(b) the term "Southern District" includes Tsuen Wan District;

(c) where any doubt arises as to whether any person is a New Territories Justice of the Peace a certificate issued by the Chief Secretary shall be conclusive as to that matter; and

(d)

(i) where the Secretary for District Administration refuses to approve any person as a candidate for election as a Special Councillor or for confirmation as a Co-opted Councillor or refuses to approve any person, or withdraws approval of any person, as a Village Representative, such person may within 14 days of such refusal or withdrawal appeal therefrom by way of petition to the Governor in Council, whose decision shall be final;

(ii) pending the determination of an appeal instituted under sub- paragraph (i), or where there is no appeal the expiry of the period limited therefor, no disqualification shall be deemed to have taken