1986 Ed.]
Regional Council
[CAP. 385
55. Failure to comply with any written order given under a power delegated under section 38 and signed by the Secretary shall be punishable in the same manner as if such order had been made by the Regional Council.
56. No matter or thing done, by any member of the Regional Council or of a committee or sub-committee, bona fide for the purpose of carrying into effect the provisions of this Ordinance or of any other enactment conferring powers on the Regional Council, shall subject such member personally to any action, liability, claim or demand whatsoever.
57. (1) Proceedings may be instituted in the High Court ("the Court") against any person acting as an elected member, on the ground of his being disqualified within the meaning of this section for so acting, and on the like ground against any person claiming to be entitled to so act:
Provided that proceedings under this section on the ground of a person acting as aforesaid shall not be instituted after the expiration of 6 months from the date on which he so acted.
(2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member while disqualified for so acting, then the Court may-
(a) make a declaration to that effect and to declare that the office in which the defendant has acted is vacant;
(b) grant an injunction restraining the defendant from so acting; and
(c) order that the defendant shall forfeit 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) When in proceedings instituted under this section it is proved that the defendant claims to act as a member and is disqualified for so acting, the Court may make a declaration to that effect and that the office in which the defendant claims to be entitled to act is vacant, and may grant an injunction restraining him from so acting.
(4) No proceedings shall be instituted under this section by any person other than an elector (within the meaning of the Electoral Provisions Ordinance) or the Attorney General.
(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall thereafter be stayed until such person shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to a defendant.
(6) The security shall be of such amount, not exceeding $20,000, and shall be given in such manner and form as the Court may direct.
23
Enforcement of orders.
Protection of members.
Proceedings against members on grounds of disqualification.
(Cap. 367,)
1986 Ed.]
Regional Council
[CAP. 385
55. Failure to comply with any written order given under a power delegated under section 38 and signed by the Secretary shall be punishable in the same manner as if such order had been made by the Regional Council.
56. No matter or thing done, by any member of the Regional Council or of a committee or sub-committee, bona fide for the purpose of carrying into effect the provisions of this Ordinance or of any other enactment conferring powers on the Regional Council, shall subject such member personally to any action, liability, claim or demand whatsoever.
57. (1) Proceedings may be instituted in the High Court ("the Court") against any person acting as an elected member, on the ground of his being disqualified within the meaning of this section for so acting, and on the like ground against any person claiming to be entitled to so act:
Provided that proceedings under this section on the ground of a person acting as aforesaid shall not be instituted after the expiration of 6 months from the date on which he so acted.
(2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member while disqualified for so acting, then the Court may-
(a) make a declaration to that effect and to declare that the
office in which the defendant has acted is vacant;
(b) grant an injunction restraining the defendant from so
acting; and
(c) order that the defendant shall forfeit 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) When in proceedings instituted under this section it is proved that the defendant claims to act as a member and is disqualified for so acting, the Court may make a declaration to that effect and that the office in which the defendant claims to be entitled to act is vacant, and may grant an injunction restraining him from so acting.
(4) No proceedings shall be instituted under this section by any person other than an elector (within the meaning of the Electoral Provisions Ordinance) or the Attorney General.
(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall thereafter be stayed until such person shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to a defendant.
(6) The security shall be of such amount, not exceeding $20,000, and shall be given in such manner and form as the Court may direct.
23
Enforcement of orders.
Protection of members.
Proceedings against members on grounds of disqualification.
(Cap. 367,)
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