BOUNDARY AND ELECTION COMMISSION ORDINANCE - CHAPTER 432 BOUNDARY AND ELECTION COMMISSION ORDINANCE - LONG TITLE Long title (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 (Not adopted as the Laws of the HKSAR. See Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the HKSAR of the People's Republic of China (Cap 2206 in this database)) BOUNDARY AND ELECTION COMMISSION ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To provide for the establishment of the Boundary and Election Commission as a body corporate, for the purpose of making recommendations regarding the delineation of geographical constituencies and demarcation of their boundaries and to be responsible for the conduct and supervision of elections, and matters incidental thereto; and to make consequential and other amendments. (Enacted 1993) [The Ordinance other than sections 4(b), (c) and (d), 6, 7, 8, 11(1) in relation to the references to sections 6(1), 7 and 8, Schedule 1, section 2(6)(a) and (b)(i) and (ii) and Schedule 2, items 1(b), (c), (d), (e), (g), (i), (k), (m), (n), (o), (p), (q), (r), (s) and (t), 2(f), (g), (h), (i), (k), (m), (o), (q), (r), (s), (t), (v), (w), (x), (y) and (z), 6, 8, 9, 10, 11 and 12 : 23 July 1993 (L.N. 296 of 1993) The remaining provisions: 22 October 1993 (L.N. 417 of 1993)] (Originally 40 of 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY (1) This Ordinance may be cited as the Boundary and Election Commission Ordinance. (2) (Omitted as spent) (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman appointed under section 3(6) or the person appointed to act for him under section 1(5) of Schedule 1; "Chief Electoral Officer" (總選舉事務主任) means the Chief Electoral Officer appointed under section 9; "Commission" (委員會) means the Boundary and Election Commission established under section 3; "District" (地區) has the meaning assigned to it in the District Boards Ordinance (Cap 366); "District Board" (區議會) means a District Board established under section 5 of the District Boards Ordinance (Cap 366); "election" (選舉) means, except in Part V and the expressions "general election" and "ordinary election" in section 8, an election within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) or the Electoral Provisions Ordinance (Cap 367); "election agent" (選舉代理人) has the meaning assigned to it by section 2 of the Corrupt and Illegal Practices Ordinance (Cap 288); "function" (職能) includes a power and a duty; "member" (委員) means a member appointed under section 3 or section 1 of Schedule 1. (2) Any reference in this Ordinance to the performance of a function includes a reference to the discharge of a duty or exercise of a power as the case may require. (Enacted 1993) "Chairman" (主席) "Chief Electoral Officer" (總選舉事務主任) "Commission" (委員會) "District" (地區) "District Board" (區議會) "election" (選舉) "election agent" (選舉代理人) "function" (職能) "member" (委員) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 3 Establishment and membership VerDate:30/06/1997 PART II ESTABLISHMENT OF THE COMMISSION (1) There is hereby established a body corporate to be known as the Boundary and Election Commission which may sue and be sued in that name. (2) The Commission shall consist of 3 members appointed by the Governor in accordance with this section. (3) Of the 3 members appointed under subsection (2)- (a) one shall be a person nominated under subsection (4); and (b) one shall be a judge of the High Court or a Justice of Appeal and shall be appointed in consultation with the Chief Justice. (4) The President of the Legislative Council shall nominate a person for the purposes of subsection (3)(a). (5) A person shall not be appointed under subsection (2) or hold office as a member if he- (a) is not an elector within the meaning of the Electoral Provisions Ordinance (Cap. 367); (b) is or becomes- (i) a member of the Executive Council or an appointed member of the Legislative Council; (ii) an elected Member within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), or a member within the meaning of the Electoral Provisions Ordinance (Cap. 367), the Urban Council Ordinance (Cap. 101), the Regional Council Ordinance (Cap. 385) or the District Boards Ordinance (Cap. 366); (iii) in the opinion of the Governor, actively engaged in politics; or (iv) a person disqualified for nomination pursuant to section 19(1)(a), (aa), (ac), (ad), (ae) or (g) of the Electoral Provisions Ordinance (Cap. 367); (c) has, within the period of 4 years immediately before the date of appointment- (i) been nominated as a candidate as regards an election or appointed as an election agent; (ii) been an elected Member within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381); (iii) been a member of the Legislative Council, appointed, or elected within the meaning of the Electoral Provisions Ordinance (Cap. 367); (iv) been a member of the Urban Council within the meaning of the Urban Council Ordinance (Cap. 101), a member of the Regional Council within the meaning of the Regional Council Ordinance (Cap. 385) or a member of a District Board within the meaning of the District Boards Ordinance (Cap. 366); (v) subscribed in any capacity to a nomination paper as regards an election; or (vi) in the opinion of the Governor, been otherwise actively engaged in politics; (d) has been a member of the Executive Council within the period of 4 years immediately before the date of appointment; or (e) holds a judicial office within the meaning of the Public Service Commission Ordinance (Cap. 93) other than that of a judge of the High Court or a Justice of Appeal. (6) The Governor shall appoint the member referred to in subsection (3)(b) as Chairman of the Commission. (7) An appointment under subsection (2) or (6) shall, subject to subsection (8), be for a period specified by the Governor at the time of appointment. (8) An appointment under subsection (2) or (6) shall not be for a period which is less than 3 years or more than 5 years. (9) The Chairman and other members shall be entitled to such remuneration or allowances as may be determined by the Governor. (10) The Governor shall give notice in the Gazette of the appointment of the Chairman or other members as soon as practicable after such appointment. (11) Schedule 1 shall apply in respect of the Commission. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 4 Functions of the Commission VerDate:30/06/1997 PART III FUNCTIONS, POWERS AND DUTIES OF COMMISSION The functions of the Commission shall be- (a) to review the boundaries of geographical constituencies for the purpose of making recommendations under Part V; (b) to be responsible for the conduct and supervision of an election, including the supervision of the registration of electors or promotional activity relating to such registration, regulating the procedure for an election, making other electoral arrangements and taking such steps as it considers appropriate for the purpose of ensuring that an election is conducted openly, honestly and fairly; (c) to keep under review the matters referred to in paragraph (b) ; and (d) to report to the Governor on any matter relating to an election. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 5 General powers of the Commission VerDate:30/06/1997 The Commission may- (a) acquire, hold or dispose of property of any description; (b) publish any material and distribute or sell such material; (c) make standing orders to regulate the conduct of its business or procedures; (d) in performing its functions under Part V, require such information as it considers is reasonably required for the purposes of estimating the population of Hong Kong or any area thereof, from any appropriate public authority; (e) without affecting the generality of section 6(3), bring to the notice of the appropriate authority or person with or without comments- (i) any complaint received by it; or (ii) any occurrence which it considers a material irregularity, relating to an election, poll or count; (f) exercise such powers as are conferred on it under any other Ordinance; or (g) do such other incidental act or thing or exercise such powers as it considers necessary or expedient for the performance of its functions under this or any other Ordinance. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 6 Commission to issue guidelines VerDate:30/06/1997 (1) The Commission may issue guidelines- (a) relating to- (i) the conduct or supervision of, or procedure at, an election; (ii) the activities, in connection with an election, of- (A) a candidate; (B) an election agent or any other person assisting a candidate; or (C) any other person; (b) without affecting the generality of paragraph (a), relating to election expenses or the display of publicity materials in connection with an election; or (c) relating to the procedure for making any complaint referred to in subsection (3). (2) The Commission shall consult the public in relation to the guidelines referred to in subsection (1), in such manner as it may determine, unless it considers that such consultation is not practicable due to the existence of an urgent need to issue, revoke or amend a guideline. (3) The Commission shall consider as soon as reasonably practicable any complaint relating to a guideline issued under subsection (1) and make such decision or take such action as it considers appropriate in respect of such a complaint. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 7 Regulations VerDate:30/06/1997 (1) Subject to subsection (2), the Commission may by regulation provide for- (a) as regards an election- (i) the registration of electors; (ii) the determination of the appropriate constituency for the purposes of such registration; (iii) the form, compilation, revision and correction, and the manner of publication, of the register; and (iv) the ascertainment of the qualifications of electors; (b) the conduct or supervision of, and procedure at, an election; (c) without affecting the generality of paragraph (b)- (i) the procedure for the nomination of candidates in an election, including provision for consent by a candidate for nomination and the withdrawal of a nomination: (ii) the procedure for lodging any deposit payable in respect of a nomination; (iii) the appointment by the candidate of persons to assist him in an election and other matters relating to such appointments; (iv) the designation of polling stations; (v) the supervision of polling stations and the regulation of the ballot; (vi) the procedure for voting and counting at an election; (vii) the supervision of counting stations; (viii) the declaration and publication of the results of an election; (ix) the disposal of ballot papers or such other papers after an election; and (x) the making of a report to the Commission by any person specified in the regulations, regarding any occurrence considered by such person as an irregularity relating to an election, poll or count; (ca) the appointment and conduct of persons authorized to incur election expenses on behalf of candidates; (Added 54 of 1994 s. 18) (d) the Commission or such other person as specified in the regulations to require information (being information reasonably required in respect of any matter referred to in paragraph (a)) from a person or class or description of person specified in the regulations; (e) the countermanding of an election on the ground of the death or disqualification of a candidate; (f) the postponement of an election, the adjournment of the poll or the counting of votes in respect of an election, where the Commission or other authority as may be specified in the regulations is of the opinion that the election, poll or count is likely to be or is being obstructed, disrupted, undermined or seriously affected by a typhoon or other climatic condition of a serious nature or by an occurrence which appears to the Commission to be a material irregularity relating to the election, poll or count; (g) as regards- (i) a functional constituency or a constituency referred to in section 3(1) of the Electoral Provisions Ordinance (Cap. 367)- (A) the postponement of an election; (B) the adjournment of the poll at the polling stations designated in respect thereof; (C) the adjournment of the counting of votes at the counting station designated in respect thereof; or (ii) any other constituency referred to in section 2(1) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), the postponement or adjournment described in subparagraph (i), except in the case of an election to elect all the elected Members in respect of such constituency, where the Commission or other authority as may be specified in the regulations is of the opinion that the election, poll or count is likely to be or is being obstructed, disrupted, undermined or seriously affected on any ground specified in paragraph (f) or by riot, open violence or such other occurrence of public danger or by an occurrence which appears to the Commission to be a material irregularity relating to the election, poll or count; (h) the adjournment of the poll at a polling station, where the Commission or other authority as may be specified in the regulations is of the opinion that the poll is likely to be or is being obstructed, disrupted, undermined or seriously affected on any ground specified in paragraph (f) or (g); (i) the procedure for the postponement or adjournment or appointment of a new date for the purposes of section 26A of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or section 26A of the Electoral Provisions Ordinance (Cap. 367); and (j) the carrying into effect of the provisions and purposes of this Part, Part IV or VI of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or Part III or V of the Electoral Provisions Ordinance (Cap. 367). (2) Where any regulations under subsection (1) provide for- (a) an election to be countermanded; or (b) an election, poll or counting of votes to be postponed or adjourned, the regulations shall also provide for the appointment- (i) in relation to paragraph (a), of a date for the holding of an election in place of the countermanded election, which shall be not later than 60 days from the date on which the countermanded election would have been held; and (ii) in relation to paragraph (b), of a date for the holding of an election, poll or count in place of the postponed or adjourned election, poll or count, which in the case of a postponement or adjournment by reason of an occurrence which appears to the Commission to be a material irregularity relating to an election, poll or count, shall be not later than 2 days, and in any other case not later than 14 days, from the date on which the election, poll or count would have been held if not for such postponement or adjournment. (3) For the avoidance of doubt it is declared that nothing in subsection (1) shall be construed as enabling the Commission- (a) to determine or provide for any matter relating to the functions or duties of a revising officer or in respect of which the Governor in Council may make regulations under section 19 or 28 of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or section 17 or 28 of the Electoral Provisions Ordinance (Cap. 367); or (b) except to the extent provided in subsection (1)(i), to provide for any matter in respect of which the Governor has power under section 26A of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or section 26A of the Electoral Provisions Ordinance (Cap. 367). (4) The definitions of "constituency", "elected Member", "elector", "functional constituency", "register" and "revising officer" in the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) and the Electoral Provisions Ordinance (Cap. 367) shall apply in respect of this section as the case may require. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 8 Report on elections VerDate:30/06/1997 (1) The Commission shall, in the case of- (a) a general election, within 3 months of the date of the election as specified in a notice made under section 3(3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or section 5A(3) of the Electoral Provisions Ordinance (Cap. 367) or both those sections; or (b) an ordinary election of persons to act as members of the Urban Council or the Regional Council, within 3 months of the date on which such election is held; and (c) an ordinary election of persons to act as members of a District Board, within 3 months of the date on which such election is held, or such longer period as the Governor may allow in any particular case, make to the Governor a report- (i) on matters relating to that election in respect of which the Commission has any function under this Ordinance or any other enactment; and (ii) which shall, without affecting the generality of paragraph (i), include a report on any complaint made to the Commission in connection with that election. (2) Where more than one date is specified in a notice referred to in subsection (1), the period of 3 months shall be counted from the later or the last date as the case may be. (3) The Governor may require the Commission to- (a) make a report to him in respect of any matter relating to an election; or (b) conduct a review into any such matter and make a report to him, within such reasonable period as may be specified by the Governor generally or in a particular case and which report shall be in addition to a report referred to in subsection (1). (4) The Commission shall comply with any requirement made under subsection (3). (5) In subsection (1)- "general election" (普通選舉) means- (a) an election to elect all the elected Members of the Legislative Council, within the meaning of the section 2(1) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), in respect of all the functional constituencies or any other constituency; or (b) an election to elect all the members of the Legislative Council, within the meaning of section 2(1) of the Electoral Provisions Ordinance (Cap. 367), in respect of all the constituencies declared under section 3(1)(aa) of that Ordinance; "ordinary election" (一般選舉) has the meaning assigned to it in relation to the Urban Council, the Regional Council or a District Board, in section 2(1) of the Electoral Provisions Ordinance (Cap. 367). (Enacted 1993) "general election" (普通選舉) "ordinary election" (一般選舉) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 9 Chief Electoral Officer VerDate:30/06/1997 PART IV GENERAL PROVISIONS RELATING TO COMMISSION (1) The Commission shall perform its functions through a Chief Electoral Officer who shall be appointed by the Governor. (2) For the purposes of subsection (1), the Chief Electoral Officer shall, under the direction of the Commission, do all acts and things necessary for implementing the decisions of the Commission. (3) The Chief Electoral Officer shall be provided with such staff as may be required. (4) The Chief Electoral Officer shall, subject to subsection (5), attend any meeting of the Commission. (5) A representative of the Chief Electoral Officer may attend a meeting of the Commission in his place with the consent of the person presiding at the meeting. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 10 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 10 Appointees of the Commission VerDate:30/06/1997 A member of the staff provided under section 9(3) or any person appointed by the Commission shall be regarded as a public servant for the purposes of the Legal Officers Ordinance (Cap. 87). (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 11 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 11 Delegation VerDate:30/06/1997 (1) The Commission may delegate any of its functions, whether under this Ordinance or any other enactment, other than the power to issue guidelines under section 6(1), or make regulations under section 7, a duty to make a report under section 8 or its functions under Part V, section 35(3) of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or section 37(3) of the Electoral Provisions Ordinance (Cap. 367), to the Chief Electoral Officer or any other person it considers appropriate. (2) A delegation under subsection (1) may be conditional or qualified and may be revoked. (3) A delegation under this section shall not preclude the Commission from performing the function so delegated. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 12 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 12 Expenses, payments, etc. VerDate:30/06/1997 (1) All expenses properly incurred by the Commission, a member, the Chief Electoral Officer or any other person, in the performance of any function under this Ordinance shall be payable out of the general revenue. (2) Any remuneration or allowance payable under section 3(9) shall be payable out of the general revenue. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 13 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 13 Members disqualified from nomination VerDate:30/06/1997 (1) Subject to subsection (2)- (a) a member during his term of office shall be disqualified from- (i) being nominated as a candidate in respect of an election; (ii) being appointed as an election agent; or (iii) subscribing in any capacity to a nomination paper as regards an election; and (b) a person who has ceased to hold office as a member shall be disqualified during the period of 4 years beginning on the date he ceases to so hold office from- (i) holding office as a member of a public body within the meaning of section 17(1); (ii) being nominated as a candidate in respect of an election; (iii) being appointed as an election agent; or (iv) subscribing in any capacity to a nomination paper as regards an election. (2) The disqualification in subsection (1) shall not apply as regards any person who ceases to hold office as a member within 2 weeks of the date of his appointment. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 14 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 14 Immunity VerDate:30/06/1997 (1) No liability shall be incurred by the Commission or any other person in respect of anything done, or omitted to be done by it or him in good faith in the performance of a function or the purported performance of a function under this Ordinance. (2) Without affecting the generality of subsection (1), it is declared that for the purposes of the law of defamation, any comment made under section 5(e) or the publication of any matter relating to a complaint made under section 6(3), in any communication, report or statement, in writing or otherwise, shall be absolutely privileged. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 15 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 15 Commission not to be regarded as Crown servant or agent VerDate:30/06/1997 The Commission shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 16 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 16 Unauthorized use of Commission name VerDate:30/06/1997 (1) A person shall not incorporate, form, be a director, office-bearer or organizer of, or work in connection with, or be a member of, any body of persons, whether corporate or unincorporate, which, without the written consent of the Commission- (a) holds itself out to be- (i) the Commission or a part thereof; or (ii) in any way connected or associated with the Commission; (b) uses the title "Boundary and Election Commission" or a title in any language which so closely resembles that title so as to be capable of misleading any person into believing that the body of persons is- (i) the Commission or a part thereof; or (ii) in any way connected or associated with the Commission. (2) Any person who contravenes subsection (1) commits an offence a is liable- (a) on summary conviction, to a fine of $2500 and to imprisonment for 3 months; and (b) on conviction on indictment, to a fine of $5000 and to imprisonment for 6 months. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 17 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 17 Definitions VerDate:30/06/1997 PART V RECOMMENDATIONS OF THE COMMISSION (1) In this Part- "constituency" (選區) in relation to an election referred to in section 18(a), (b), (c) or (d) means an area having separate representation in the public body concerned; "population quota" (人口配額) in relation to- (a) a District Board, means the total population of Hong Kong divided by the total number of members that may be elected to the District Boards pursuant to section 5A of the District Boards Ordinance (Cap. 366); (b) the Urban Council, means the total population in the area comprised in the constituencies proposed under section 19(1)(b) as regards an election referred to in section 18(b), divided by the number of members that may be elected to the Urban Council pursuant to section 6 of the Urban Council Ordinance (Cap. 101); (c) the Regional Council, means the total population in the area comprised in the constituencies proposed under section 19(1)(b) as regards an election referred to in section 18(c), divided by the number of members that may be elected to the Regional Council pursuant to section 6(a) of the Regional Council Ordinance (Cap. 385); and (d) the Legislative Council, means the total population of Hong Kong divided by the number of members that may be elected to the Legislative Council in respect of geographical constituencies, in the election next following the making of the recommendations concerned for the purposes of this Part; "public body" (公共機構) means the Legislative Council, the Urban Council, the Regional Council or a District Board. (2) Any reference in this Part to the population of Hong Kong or a proposed constituency or other area, in relation to the making of any recommendations for the purposes of this Part, shall be construed as a reference to the population of Hong Kong or the proposed constituency or such other area, in the year in which the election to which such recommendations relate is to be held, as estimated by the Commission. (Enacted 1993) "constituency" (選區) "population quota" (人口配額) "public body" (公共機構) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 18 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 18 Application VerDate:30/06/1997 This Part shall apply only in respect of an ordinary election, within the meaning of the Electoral Provisions Ordinance (Cap. 367), of persons to act as members of- (a) a District Board; (b) the Urban Council; (c) the Regional Council; or (d) the Legislative Council, and any reference to an election in this Part shall be construed as a reference to an election referred to in paragraph (a), (b), (c) or (d) in respect of geographical constituencies, as may be appropriate. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 19 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 19 Report on boundaries VerDate:30/06/1997 (1) The Commission shall submit to the Governor, in accordance with this section, a report containing- (a) as regards an election referred to in section 18(a)- (i) recommendations as to the delineation of constituencies for the purposes of such an election; and (ii) in relation to each proposed District specified in an order made under section 3(1A) of the District Boards Ordinance (Cap. 366) in respect of the election next following the submission of the report, recommendations as to the number of members to be elected to the District Board to be established in respect of such proposed District; (b) as regards an election referred to in section 18(b), (c) or (d), recommendations as to the delineation of constituencies for the purposes of the election concerned; (c) the name by which the Commission recommends that each such constituency be known; (d) the reasons for the recommendations; (e) without affecting the generality of paragraph (d), in any case where the Commission departs from the strict application of section 22(1)(b), pursuant to section 22(5), an explanation relating to such departure; and (f) any representations made under section 21. (2) The recommendations under subsection (1) shall be made with reference to a map or maps - (a) showing the demarcation of the boundaries of each proposed constituency; (b) supplemented, where the Commission considers it appropriate, by a description whether by reference to the map or maps or otherwise of any boundary shown on such a map or maps, and which shall be submitted with the report. (3) A report referred to in subsection (1) shall be submitted- (a) in the case of an election referred to in section 18(a)- (i) not later than 31 December 1993; and (ii) thereafter, at intervals of not more than 36 months from the date of the preceding election of persons to act as members of a District Board and after the expiry of the period specified in section 20(2)(b) for sending proposals; (Amended 79 of 1993 s. 2) (aa) in the case of an election referred to in section 18(b) or (c)- (i) not later than 30 April 1994; and (ii) thereafter, at intervals of not more than 36 months from the date of the preceding election of persons to act as members of a District Board, and after the expiry of the period specified in section 20(2)(b) for sending proposals; and (Added 79 of 1993 s. 2) (b) in the case of an election referred to in section 18(d)- (i) not later than 30 September 1994; and (ii) thereafter, at intervals of not more than 36 months from the date appointed pursuant to section 5A(3) of the Electoral Provisions Ordinance (Cap. 367) in respect of the preceding such election. (4) The Governor may extend the period referred to in subsection (3)(a)(ii), (aa)(ii) or (b)(ii) in relation to a particular case, by a period not exceeding 3 months. (Amended 79 of 1993 s. 2) (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 20 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 20 Proposals by the Governor in Council VerDate:30/06/1997 (1) The Governor in Council may, in relation to any recommendations under section 19 relating to an election referred to in section 18(a), (b) or (c), send to the Commission, within the period specified in subsection (2), proposals regarding the boundaries of the proposed Districts specified in any order made under section 3(1A) of the District Boards Ordinance (Cap. 366) as regards the election next following the making of such recommendations. (2) Any proposals under subsection (1) shall be sent to the Commission, in the case of- (a) the first recommendations of the Commission referred to in that subsection, as soon as practicable after the commencement of this section; and (b) any subsequent such recommendations, not later than 18 months before the expiry of the period specified in section 19(3)(a)(ii) or (aa)(ii) as may be appropriate for submitting the report in respect thereof. (Amended 79 of 1993 s. 3) (3) The Commission shall, in making any recommendations referred to in subsection (1), have regard to any relevant proposals received pursuant to that subsection. (4) Where any proposals are sent to the Commission under subsection (1), the Governor in Council shall cause notice of them to be published in the Gazette, as soon as practicable after they are so sent. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 21 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 21 Provisional recommendations VerDate:30/06/1997 (1) The Commission shall, when it has provisionally determined the recommendations it proposes to make for the purposes of section 19 in respect of any election, and before it submits a report under that section in respect of that election, cause a map or maps- (a) showing the delineation of the proposed constituencies as regards that election and the demarcation of their boundaries; and (b) with a name assigned to each such constituency, to be exhibited, for a period of not less than 30 days, for inspection by the public at reasonable hours and free of charge, at any place considered appropriate by the Commission for such purpose. (2) The Commission shall give notice in the Gazette of the place and hours at which such map or maps may be so inspected and specify in such notice an address to send any representations in writing for the purposes of this section. (3) The Commission may where it considers it appropriate make available for inspection under subsection (1) a description of any boundary shown on a map or maps exhibited under that subsection. (4) Any person may make representations to the Commission as regards the proposed recommendations within the period of 30 days beginning on the date a notice under subsection (2) is published in the Gazette. (5) Representations under subsection (4) may be made in writing or at any meeting held under subsection (6). (6) The Commission may hold meetings for the purpose of receiving representations under this section and any such meeting shall be open to the public except where the Commission considers it desirable that a meeting should not be open to the public. (7) The Commission may adopt such procedures as it may determine as regards a meeting held under subsection (6) and shall notify the public in such manner as it thinks fit of the date, time and place of any such meeting. (8) The Commission shall have regard to any representations made pursuant to this section, when making recommendations under section 19. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 22 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 22 Criteria for demarcating boundaries VerDate:30/06/1997 (1) In making recommendations for the purposes of this Part the Commission shall- (a) ensure that the population in each proposed constituency in respect of a public body (divided by the number of members to be elected in respect of that constituency in the election next following the making of the recommendations) is as near the population quota for that public body as is practicable; and (b) where it is not practicable to comply with paragraph (a), ensure that the population in such proposed constituency (divided by the number referred to in paragraph (a)) does not exceed or fall short of the population quota for the public body concerned by more than 25% of that quota. (2) In making such recommendations the Commission shall have regard to- (a) community identities or the preservation of local ties; and (b) physical features such as size, shape, accessibility and development of the relevant area or any part thereof. (3) In making such recommendations the Commission shall ensure that- (a) in the case of an election referred to in section 18(b) or (c) , each proposed constituency is a combination of 2 or more whole constituencies proposed in respect of an election referred to in section 18(a); and (b) in the case of an election referred to in section 18(d), each proposed constituency is a combination of 2 or more whole constituencies declared in the immediately preceding order under section 3(1)(c) of the Electoral Provisions Ordinance (Cap. 367). (4) In making such recommendations the Commission shall have regard to- (a) in the case of an election referred to in section 18(a), the existing boundaries of Districts, if proposals under section 20(1) have not been sent to the Commission; and (b) in the case of an election referred to in section 18(b) or (c), the existing boundaries of the Urban Council area within the meaning of the Urban Council Ordinance (Cap. 101) and the Regional Council area within the meaning of the Regional Council Ordinance (Cap. 385) in addition to proposals (if any) sent under section 20(1). (5) The Commission may depart from the strict application of subsection (1)(a) or (b) only where it appears to it that a consideration referred to in subsection (2) renders such a departure necessary or desirable. (6) The number of constituencies proposed by the Commission in any recommendation made under this Part, as regards- (a) an election referred to in section 18(a), shall not be substantially greater or less than the total number of elected members specified in section 5A of the District Boards Ordinance (Cap. 366); (b) an election referred to in section 18(b), (c) or (d), shall be equal to the number of members that may be elected to the public body concerned in such an election. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 23 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 23 Consideration of report VerDate:30/06/1997 A report or maps received by the Governor under section 19 or 24(2) shall be considered by the Governor in Council as soon as practicable after such receipt. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 24 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 24 Return of report VerDate:30/06/1997 (1) The Governor may, after the Governor in Council has considered a report submitted under this Part in respect of a particular election, return the report for further consideration by the Commission of any recommendation contained in it. (2) Where a report is returned under this section, the Commission shall make another report to the Governor, as regards the election concerned, within such period, not exceeding 3 months, as specified by the Governor. (3) The Governor may return under this section the first report submitted in respect of a particular election or a further report submitted following the return of a report. (4) Section 19 shall apply as regards a report made under subsection (2) subject to necessary modifications and as the circumstances may require. (5) In this section, any reference to the return of a report includes a reference to the return of a part of a report or a map or maps submitted with a report, and this section shall be construed and have effect accordingly. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 25 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 25 Tabling of report VerDate:30/06/1997 (1) The Governor shall cause a report, map or maps submitted under section 19 or 24(2) to be laid on the table of the Legislative Council within 30 days of the submission thereof. (2) If any period referred to in subsection (1) would, but for this subsection, expire after the end of a session or a dissolution of the Legislative Council and before the day of its second sitting in the next following session, that period shall be extended and shall expire on the day after such second sitting. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 26 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 26 Saving of existing regulations VerDate:30/06/1997 PART VI MISCELLANEOUS Any regulation, which is made under any provision in the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or the Electoral Provisions Ordinance (Cap. 367)- (a) which is repealed and re-enacted by this Ordinance; or (b) as regards which the regulation-making power is conferred on any other authority under this Ordinance, and in force at the commencement of section 7, shall continue in force and have effect as if made under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), the Electoral Provisions Ordinance (Cap. 367) or this Ordinance as may be appropriate, by the authority who, having regard to the subject-matter of such regulation, is empowered on and after the commencement of section 7 to make such regulation and may be repealed or amended by such authority. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 27 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SECT 27 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SCHEDULE 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SCHEDULE 1 VerDate:30/06/1997 SCHEDULE 1 [sections 2 & 3] PROVISIONS AS RESPECTS THE COMMISSION 1. (1) The Chairman or other member shall, subject to this section- (a) hold and vacate office in accordance with his terms of appointment; and (b) on ceasing to hold office, be eligible for reappointment. (2) The Chairman or other member may at any time resign his office by notice in writing to the Governor, and the resignation shall take effect- (a) from the date specified in the notice or on receipt of the notice by the Governor, whichever is later; or (b) if no date is specified, on receipt of the notice by the Governor. (3) If the Chairman or other member- (a) is absent from Hong Kong for more than 6 months consecutively; or (b) is in the opinion of the Governor - (i) incapacitated due to physical or mental illness; or (ii) otherwise unable or unfit to discharge the functions of his office, the Governor may by notice in writing to him remove him from office as the Chairman or other member as the case may be. (4) Where the office of the Chairman or other member becomes vacant, the Governor shall as soon as practicable, by notice published in the Gazette, appoint another person in his place for a period specified by the Governor at the time of appointment. (5) If the Chairman or other member, due to absence from Hong Kong or any other reason, is unable to perform the functions of his office as Chairman or other member for any period, the Governor may appoint another person to act in the place of the Chairman or the member, as the case may be, for that period. (6) Section 3(5) and (8) of this Ordinance shall apply to an appointment or reappointment under subsection (1) or (4) and section 3(5) of this Ordinance shall apply to an appointment under subsection (5). (7) Where the Chairman or other member - (a) resigns from office the Governor shall give notice in the Gazette of the resignation as soon as practicable after receipt by the Governor of the relevant notice under subsection (2); (b) ceases to hold office due to disqualification or removal the Governor shall give notice thereof in the Gazette as soon as practicable. (8) Where a member ceases to hold office due to disqualification pursuant to section 3(5)(b)(iii) or (c)(vi) of this Ordinance, the cessation shall be deemed to operate from the date of the notice under subsection (7). 2. (1) Subject to subsection (2), meetings of the Commission shall be held at such times and places as may be determined by the Chairman. (2) The Commission shall hold a meeting at least once every 12 months. (3) Subject to subsection (6), at any meeting of the Commission the Chairman and 1 member shall form a quorum. (4) At any meeting of the Commission - (a) the Chairman shall preside; (b) any question shall be decided by the majority of the votes of those present and voting; and (c) in case of an equality of votes, the Chairman shall have a casting vote. (5) Without prejudice to section 9 of this Ordinance, a person who is not a member may attend a meeting of the Commission if so provided in the standing orders made under section 5 of this Ordinance, but such a person or the Chief Electoral Officer or his representative attending a meeting under section 9 of this Ordinance shall not be entitled to vote at a meeting of the Commission. (6) Any decision relating to - (a) the issue of guidelines under section 6(1) of this Ordinance; and (b) the making of - (i) regulations under section 7 of this Ordinance; (ii) a report for the purposes of section 8 of this Ordinance; or (iii) recommendations for the purposes of Part V of this Ordinance (including provisional recommendations), shall be made at a meeting of all the members (excluding any member who is unable to perform the functions of his office as described in section 1(5)) of the Commission for the time being. (7) The Commission may act notwithstanding one vacancy in the membership and its proceedings shall not be invalidated by reason of a defect in the appointment or qualification of a member. (8) Subject to this Ordinance and any standing orders made under section 5 of this Ordinance the Commission may determine and regulate its own procedure. (Enacted 1993) BOUNDARY AND ELECTION COMMISSION ORDINANCE - SCHEDULE 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION ORDINANCE - SCHEDULE 2 (Omitted as spent) VerDate:30/06/1997 SCHEDULE 2 (Omitted as spent) (Enacted 1993)