1988 Ed.]
Urban Council
[CAP. 101
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(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. (Amended 9 of 1986 s. 23)
(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 (Cap.367)) 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.
(7) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has while disqualified for acting as a member, so acted or claimed to be entitled so to act.
(8) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member-
(a) if he is not qualified to be, or is disqualified for being, a member; or
(b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, resignation or for any other reason he has ceased to be a member. (Amended 65 of 1984 s. 16) (Added 44 of 1981 s. 14)
Settlement of disputes
52. The Chairman may refer any dispute between the Council and any public officer to the Governor in Council and such a reference shall be deemed to be an appeal to the Governor in Council for the purposes of section 64 of the Interpretation and General Clauses Ordinance (Cap.1).
Prohibition of possession and use of armorial bearings
52A. (1) Except with the authority of the Council, no person shall use or have in his possession without reasonable excuse-
(a) any armorial bearings of the Council, which armorial bearings are portrayed in the Fourth Schedule, or any copy or replica of such armorial bearings; or
(b) any armorial bearings or other device containing the words “Urban
Council" or the characters ""; or
1988 Ed.]
Urban Council
[CAP. 101
25
(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. (Amended 9 of 1986 s. 23)
(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 (Cap. 367)) 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.
(7) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has while disqualified for acting as a member, so acted or claimed to be entitled so to act.
(8) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member-
(a) if he is not qualified to be, or is disqualified for being, a member; or (b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, resignation or for any other reason he has ceased to be a member. (Amended 65 of 1984 s. 16) (Added 44 of 1981 s. 14)
Settlement of disputes
52. The Chairman may refer any dispute between the Council and any public officer to the Governor in Council and such a reference shall be deemed to be an appeal to the Governor in Council for the purposes of section 64 of the Interpretation and General Clauses Ordinance (Cap. 1).
Prohibition of possession and use of armorial bearings
52A. (1) Except with the authority of the Council, no person shall use or have in his possession without reasonable excuse-
(a) any armorial bearings of the Council, which armorial bearings are portrayed in the Fourth Schedule, or any copy or replica of such armorial bearings; or
(b) any armorial bearings or other device containing the words “Urban
Council" or the characters ""; or
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