LEGISLATIVE COUNCIL ORDINANCE - CHAPTER 542 LEGISLATIVE COUNCIL ORDINANCE - LONG TITLE Long title VerDate:03/10/1997 To provide for the constitution, convening and dissolution of the Legislative Council of the Hong Kong Special Administrative Region; to provide for the election of Members of that Council; and to provide for related matters. [3 October 1997] (Originally 134 of 1997) LEGISLATIVE COUNCIL ORDINANCE - SECT 1 Short title VerDate:03/10/1997 PART I PRELIMINARY This Ordinance may be cited as the Legislative Council Ordinance. LEGISLATIVE COUNCIL ORDINANCE - SECT 2 Purpose of Ordinance VerDate:03/10/1997 The purpose of this Ordinance is to give effect to the provisions of the Basic Law relating to the Legislative Council. LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "District Council ordinary election" (區議會一般選舉) means elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; (Added 33 of 2002 s. 2) "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62) "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in accordance with this Ordinance in a final register and who is not disqualified from being registered or from voting at an election; (Replaced 25 of 2003 s. 2) "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47; 25 of 2003 s. 2) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62) (c) (Repealed 21 of 2001 s. 62) (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of the provision which first specifies the body for the purpose of the composition of the relevant functional constituency; or (Amended 25 of 2003 s. 2) (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional and Mainland Affairs; and (Amended L.N. 130 of 2007) (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (2B) For the avoidance of doubt, it is stated that the power of the Secretary for Constitutional and Mainland Affairs under subsection (2A) to approve an amendment to or substitution of the constitution of a body may be exercised only for the purpose of defining the composition of the relevant functional constituency. (Added 25 of 2003 s. 2. Amended L.N. 130 of 2007) (3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62) (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "District Council ordinary election" (區議會一般選舉) "election" (選舉) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:01/10/2004 (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "District Council ordinary election" (區議會一般選舉) means elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; (Added 33 of 2002 s. 2) "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62) "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in accordance with this Ordinance in a final register and who is not disqualified from being registered or from voting at an election; (Replaced 25 of 2003 s. 2) "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47; 25 of 2003 s. 2) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62) (c) (Repealed 21 of 2001 s. 62) (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of the provision which first specifies the body for the purpose of the composition of the relevant functional constituency; or (Amended 25 of 2003 s. 2) (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (2B) For the avoidance of doubt, it is stated that the power of the Secretary for Constitutional Affairs under subsection (2A) to approve an amendment to or substitution of the constitution of a body may be exercised only for the purpose of defining the composition of the relevant functional constituency. (Added 25 of 2003 s. 2) (3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62) (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "District Council ordinary election" (區議會一般選舉) "election" (選舉) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:11/07/2003 The following amendments, made by s. 2 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 3(1) is amended by repealing the definitions of "Election Committee", "Election Committee subsector" and "ex-officio member". (2) Section 3(1) is amended by repealing the definition of "elector" and substituting- ""elector" (選民) means a person who is registered in accordance with this Ordinance in a final register and who is not disqualified from being registered or from voting at an election;".". (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "District Council ordinary election" (區議會一般選舉) means elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; (Added 33 of 2002 s. 2) "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62) "Election Committee" (選舉委員會) means, subject to the Schedule to the Chief Executive Election Ordinance (Cap 569), the first Election Committee referred to in section 8(3) of that Ordinance; (Amended 21 of 2001 s. 62) "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 2(4) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered- (a) in accordance with this Ordinance, in a final register; or (b) in accordance with the Schedule to the Chief Executive Election Ordinance (Cap 569), in a final register of members of the Election Committee that is compiled and published, and in effect, under that Schedule, and who is not disqualified from being registered or from voting at an election; (Amended 21 of 2001 s. 62) "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 2(7)(c) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62) (c) (Repealed 21 of 2001 s. 62) (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of the provision which first specifies the body for the purpose of the composition of the relevant functional constituency; or (Amended 25 of 2003 s. 2) (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (2B) For the avoidance of doubt, it is stated that the power of the Secretary for Constitutional Affairs under subsection (2A) to approve an amendment to or substitution of the constitution of a body may be exercised only for the purpose of defining the composition of the relevant functional constituency. (Added 25 of 2003 s. 2) (3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62) (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "District Council ordinary election" (區議會一般選舉) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:27/12/2002 "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "District Council ordinary election" (區議會一般選舉) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "District Council ordinary election" (區議會一般選舉) means elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; (Added 33 of 2002 s. 2) "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62) "Election Committee" (選舉委員會) means, subject to the Schedule to the Chief Executive Election Ordinance (Cap 569), the first Election Committee referred to in section 8(3) of that Ordinance; (Amended 21 of 2001 s. 62) "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 2(4) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered- (a) in accordance with this Ordinance, in a final register; or (b) in accordance with the Schedule to the Chief Executive Election Ordinance (Cap 569), in a final register of members of the Election Committee that is compiled and published, and in effect, under that Schedule, and who is not disqualified from being registered or from voting at an election; (Amended 21 of 2001 s. 62) "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 2(7)(c) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62) (c) (Repealed 21 of 2001 s. 62) (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of this Ordinance; or (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62) (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:21/09/2001 (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62) "Election Committee" (選舉委員會) means, subject to the Schedule to the Chief Executive Election Ordinance (Cap 569), the first Election Committee referred to in section 8(3) of that Ordinance; (Amended 21 of 2001 s. 62) "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 2(4) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered- (a) in accordance with this Ordinance, in a final register; or (b) in accordance with the Schedule to the Chief Executive Election Ordinance (Cap 569), in a final register of members of the Election Committee that is compiled and published, and in effect, under that Schedule, and who is not disqualified from being registered or from voting at an election; (Amended 21 of 2001 s. 62) "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 2(7)(c) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (Amended 21 of 2001 s. 62) "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62) (c) (Repealed 21 of 2001 s. 62) (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of this Ordinance; or (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62) (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:01/07/2000 (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election; "Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV; "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in a final register in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election; "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency; and (Amended 48 of 1999 s. 2) (c) the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body. (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of this Ordinance; or (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (3) Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:03/03/2000 The amendments to subsection (1), and the addition of subsection (2A), made by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as those provisions have not already come into operation. (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election; "Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV; "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in a final register in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election; "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (Amended 10 of 2000 s. 47) (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency; and (Amended 48 of 1999 s. 2) (c) the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body. (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of this Ordinance; or (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (3) Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "costs" (費用、訟費) "Court" (原訟法庭) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:30/07/1999 The amendments to subsection (1), and the addition of subsection (2A), made by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as those provisions have not already come into operation. (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a body specified in sections 20A to 20ZB, means a body that is a member of the specified body; <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Amended 48 of 1999 s. 2) "corrupt practice" (舞弊行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap 288); "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election; "Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV; "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in a final register in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election; "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2) "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "illegal practice" (非法行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap 288); "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being electors of the constituency; and (Amended 48 of 1999 s. 2) (c) the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body. (2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection- (a) the reference to the constitution of a body is a reference to the constitution either- (i) as in force at the commencement of this Ordinance; or (ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (A) the objects of the body; or (B) the criteria and conditions of membership of the body; or (C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and (b) "constitution" (章程), in relation to a body, includes articles of association and rules. (Added 48 of 1999 s. 2) (3) Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員) "corrupt practice" (舞弊行為) "costs" (費用、訟費) "Court" (原訟法庭) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "illegal practice" (非法行為) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員) "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) "constitution" (章程) LEGISLATIVE COUNCIL ORDINANCE - SECT 3 Interpretation VerDate:03/10/1997 (1) In this Ordinance, unless the context otherwise requires- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; "by-election" (補選) means an election to return a Member or Members otherwise than at a general election; "candidate" (候選人) means a candidate nominated for election as a Member; "Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; "constituency" (選區或選舉界別) means- (a) a geographical constituency; or (b) a functional constituency; "corporate elector" (團體選民) means a body that is an elector for a functional constituency; "corporate member" (團體成員), in relation to a corporate elector, means a body that is a member of the corporate elector; "corrupt practice" (舞弊行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap 288); "costs" (費用、訟費) includes charges and expenses; "Court" (原訟法庭) means the Court of First Instance; "election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election; "Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV; "Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII; "elector" (選民) means a person who is registered in a final register in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election; "Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap 541); "electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap 541) to exercise functions or perform duties at or in connection with an election; "Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; "ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2; "final register" (正式選民登記冊) means- (a) a final register of electors for geographical constituencies or functional constituencies; or (b) a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance; "function" (職能) includes a power and an authority; "functional constituency" (功能界別) means a functional constituency specified in Schedule 1; "general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council; "geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III; "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); or (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; "illegal practice" (非法行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap 288); "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law; "Member" (議員) means a person elected as a Member of the Legislative Council; "nomination list" (提名名單) means a list of persons standing for election as Members for a geographical constituency, submitted under section 38(2); "officer" (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body; "permanent resident of Hong Kong" (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap 539); "President" (主席) means the President of the Legislative Council; "provisional register" (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance; "registered" (登記) means registered under this Ordinance as an elector; "the regulations" (《規例》) means regulations made and in force under this Ordinance; "Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 78, and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant; "Revising Officer" (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant; "specified form" (指明表格) means a form specified under section 76; "term of office" (任期), in relation to the Legislative Council, means a term of office referred to in section 4. (2) For the purposes of this Ordinance- (a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and (b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to- (i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or (ii) belonging to a class of persons specified as being corporate electors of the constituency; and (c) the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body. (3) Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (4) A note located in the text of this Ordinance is provided for information only and has no legislative effect. "authorized representative" (獲授權代表) "body" (團體) "by-election" (補選) "candidate" (候選人) "Clerk to the Legislative Council" (立法會秘書) "constituency" (選區或選舉界別) "corporate elector" (團體選民) "corporate member" (團體成員), "corrupt practice" (舞弊行為) "costs" (費用、訟費) "Court" (原訟法庭) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee subsector" (選舉委員會界別分組) "election petition" (選舉呈請、選舉呈請書) "elector" (選民) "Electoral Affairs Commission" (選舉管理委員會) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "ex-officio member" (當然委員) "final register" (正式選民登記冊) "function" (職能) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "identity document" (身分證明文件) "illegal practice" (非法行為) "Legislative Council" (立法會) "Member" (議員) "nomination list" (提名名單) "officer" (高級人員), "permanent resident of Hong Kong" (香港永久性居民) "President" (主席) "provisional register" (臨時選民登記冊) "registered" (登記) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Revising Officer" (審裁官) "specified form" (指明表格) "term of office" (任期) LEGISLATIVE COUNCIL ORDINANCE - SECT 4 Terms of office of Legislative Council VerDate:01/07/2000 PART II CONSTITUTION AND MEMBERSHIP OF LEGISLATIVE COUNCIL (1) The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law. (2) (Repealed 48 of 1999 s. 3) (3) Subject to subsection (4), each term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council. The Chief Executive in Council must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 3) (4) If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified. (5) A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared. (6) The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends. LEGISLATIVE COUNCIL ORDINANCE - SECT 4 Terms of office of Legislative Council VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. PART II CONSTITUTION AND MEMBERSHIP OF LEGISLATIVE COUNCIL (1) The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law. (2) (Repealed 48 of 1999 s. 3) (3) Subject to subsection (4), each term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council. The Chief Executive in Council must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 3) (4) If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified. (5) A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared. (6) The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends. LEGISLATIVE COUNCIL ORDINANCE - SECT 4 Terms of office of Legislative Council VerDate:03/10/1997 PART II CONSTITUTION AND MEMBERSHIP OF LEGISLATIVE COUNCIL (1) The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law. (2) The first term of office of the Legislative Council is to begin on 1 July 1998. (3) Subject to subsection (4), each subsequent term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette. (4) If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified. (5) A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared. (6) The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends. LEGISLATIVE COUNCIL ORDINANCE - SECT 5 (Repealed 48 of 1999 s. 4) VerDate:30/07/1999 LEGISLATIVE COUNCIL ORDINANCE - SECT 5 Chief Executive to specify date for holding first general election VerDate:03/10/1997 (1) The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the first term of office of the Legislative Council. (2) The date specified in the notice must be not earlier than 60 days and not later than 15 days before the first term of office of the Legislative Council is to begin. LEGISLATIVE COUNCIL ORDINANCE - SECT 6 Chief Executive to specify dates for holding general elections VerDate:30/07/1999 (1) The Chief Executive must specify a date for holding a general election to elect the Members for each term of office of the Legislative Council. The Chief Executive must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 5) (2) The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the Legislative Council is to begin. (3) To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation. (4) If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must specify the date from which that Council stands prorogued. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 5) LEGISLATIVE COUNCIL ORDINANCE - SECT 6 Chief Executive to specify dates for holding second and subsequent general elections VerDate:03/10/1997 (1) The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the second and each subsequent term of office of the Legislative Council. (2) The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the Legislative Council is to begin. (3) To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation. (4) If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must publish in the Gazette the date from which that Council stands prorogued. LEGISLATIVE COUNCIL ORDINANCE - SECT 7 Chief Executive to specify date for general election on dissolution of Legislative Council VerDate:30/07/1999 (1) Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must specify a date for holding a general election. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 6) (2) The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved. LEGISLATIVE COUNCIL ORDINANCE - SECT 7 Chief Executive to specify date for general election on dissolution of Legislative Council VerDate:03/10/1997 (1) Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must, by notice published in the Gazette, specify a date for holding a general election. (2) The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved. LEGISLATIVE COUNCIL ORDINANCE - SECT 8 Different dates may be specified for different classes of elections VerDate:01/10/2004 Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each of the following classes of Members- (Amended 25 of 2003 s. 3) (a) the Members to be returned for geographical constituencies; and (b) the Members to be returned for functional constituencies. (Amended 25 of 2003 s. 3) (c) (Repealed 25 of 2003 s. 3) The dates specified under this section must not be more than 7 days apart. LEGISLATIVE COUNCIL ORDINANCE - SECT 8 Different dates may be specified for different classes of elections VerDate:11/07/2003 The following amendments, made by s. 3 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 8 is amended by repealing "or any 2". (2) Section 8(b) is amended by repealing "; and" at the end and substituting a full stop. (3) Section 8(c) is repealed.". Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each or any 2 of the following classes of Members- (a) the Members to be returned for geographical constituencies; and (b) the Members to be returned for functional constituencies; and (c) the Members to be returned by the Election Committee. The dates specified under this section must not be more than 7 days apart. LEGISLATIVE COUNCIL ORDINANCE - SECT 8 Different dates may be specified for different classes of elections VerDate:03/10/1997 Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each or any 2 of the following classes of Members- (a) the Members to be returned for geographical constituencies; and (b) the Members to be returned for functional constituencies; and (c) the Members to be returned by the Election Committee. The dates specified under this section must not be more than 7 days apart. LEGISLATIVE COUNCIL ORDINANCE - SECT 9 Chief Executive to convene ordinary sessions of Legislative Council VerDate:30/07/1999 (1) The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year. (Amended 48 of 1999 s. 7) (2) The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end. (3) An ordinary session begun in one calendar year may be continued in the next calendar year. (4) The consideration of any bill or other business of the Legislative Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Legislative Council. LEGISLATIVE COUNCIL ORDINANCE - SECT 9 Chief Executive to convene ordinary sessions of Legislative Council VerDate:03/10/1997 (1) The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year, beginning with the year 1998. (2) The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end. (3) An ordinary session begun in one calendar year may be continued in the next calendar year. (4) The consideration of any bill or other business of the Legislative Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Legislative Council. LEGISLATIVE COUNCIL ORDINANCE - SECT 10 First meeting of each term of office of Legislative Council VerDate:30/07/1999 (1) The Chief Executive must specify a date and time for holding the first meeting of each term of office of the Legislative Council. The Chief Executive must give notice of that date and time in the Gazette. (Replaced 48 of 1999 s. 8) (2) The date and time specified in the notice must be within 14 days after the relevant term of office of the Legislative Council begins. (Amended 48 of 1999 s. 8) (3)-(5) (Repealed 48 of 1999 s. 8) LEGISLATIVE COUNCIL ORDINANCE - SECT 10 First meeting of first term of office of Legislative Council VerDate:03/10/1997 (1) The Chief Executive must, by notice published in the Gazette, specify a date and time for holding the first meeting of the first term of office of the Legislative Council. (2) The date and time specified in the notice must be within 14 days after the first term of office of the Legislative Council begins. (3) The first item of business at the first meeting, after the taking of the Legislative Council Oath by Members, must be the election of a Member to preside at that meeting for the purpose of electing the President. (4) The presiding Member must be elected under subsection (3) by the Members present at the first meeting from amongst themselves. The Clerk to the Legislative Council must preside at that meeting for the purpose of electing the presiding Member. (5) The President must, after his election at the first meeting, preside at that meeting. LEGISLATIVE COUNCIL ORDINANCE - SECT 11 Emergency sessions of Legislative Council VerDate:03/10/1997 (1) The President must, at the request of the Chief Executive, convene an emergency session of the Legislative Council during the period after the end of the term of office or the dissolution of the Legislative Council but, before the date (if more than one, the first date), specified for the holding of a general election for all the Members of the Legislative Council. (2) For and only for the purpose of subsection (1), the persons holding office as Members of the Legislative Council during the term of office of the Legislative Council which immediately precedes the beginning of the emergency session shall be deemed to be Members of the Legislative Council. LEGISLATIVE COUNCIL ORDINANCE - SECT 12 How long Members are to hold office VerDate:03/10/1997 (1) Subject to sections 13 and 15, a person returned as a Member at a general election holds office from the beginning of the term of office of the Legislative Council next following the election and vacates office at the end of the term. (2) Subject to sections 13 and 15, a person who is declared to be returned as a Member at a by-election holds office from the date on which the result of the by-election was declared and vacates office at the end of the term of office of the Legislative Council during which the by-election was held. LEGISLATIVE COUNCIL ORDINANCE - SECT 13 Acceptance of office as a Member VerDate:30/07/1999 (1) A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 7 days after the date on which notification of the person's election is published in the Gazette. (2) A notice of non-acceptance is not effective unless it is signed by the person concerned. (3) A notice of non-acceptance takes effect on the date on which the notice is received by the Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date. (4) If a person gives notice in accordance with this section, the Clerk to the Legislative Council must, within 21 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a Member. (Amended 48 of 1999 s. 9) LEGISLATIVE COUNCIL ORDINANCE - SECT 13 Acceptance of office as a Member VerDate:03/10/1997 (1) A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 7 days after the date on which notification of the person's election is published in the Gazette. (2) A notice of non-acceptance is not effective unless it is signed by the person concerned. (3) A notice of non-acceptance takes effect on the date on which the notice is received by the Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date. (4) If a person gives notice in accordance with this section, the Clerk to the Legislative Council must, within 14 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a Member. LEGISLATIVE COUNCIL ORDINANCE - SECT 14 How Member can resign VerDate:03/10/1997 (1) A Member may, at any time, resign from office as a Member by giving written notice of resignation to the Clerk to the Legislative Council. (2) A notice of resignation is not effective unless it is signed by the Member concerned. (3) A notice of resignation takes effect- (a) on the date on which the notice is received by the Clerk to the Legislative Council; or (b) if a later date is specified in the notice, on that later date. LEGISLATIVE COUNCIL ORDINANCE - SECT 15 When Member ceases to hold office VerDate:11/07/2003 (1) A Member's office becomes vacant if the Member- (a) resigns in accordance with section 14 or is taken to have resigned from that office in accordance with section 13; or (b) dies; or (c) subject to subsection (2), alters either the Member's nationality or the fact as to whether the Member has a right of abode in a country other than the People's Republic of China as declared under section 40(1)(b)(ii); or (d) is the President and has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Replaced 25 of 2003 s. 4) (e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office. (1A) A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Added 25 of 2003 s. 4) (2) Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People's Republic of China and subsequently he or she- (a) acquires a nationality other than Chinese nationality; or (b) acquires a right of abode in a country other than the People's Republic of China. (3) For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii). Note: Article 79 of the Basic Law provides as follows: The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council; (3) When he or she loses or renounces his or her status as a permanent resident of the Region; (4) When he or she accepts a government appointment and becomes a public servant; (5) When he or she is bankrupt or fails to comply with a court order to repay debts; (6) When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and (7) When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present. LEGISLATIVE COUNCIL ORDINANCE - SECT 15 When Member ceases to hold office VerDate:03/10/1997 (1) A Member's office becomes vacant if the Member- (a) resigns in accordance with section 14 or is taken to have resigned from that office in accordance with section 13; or (b) dies; or (c) subject to subsection (2), alters either the Member's nationality or the fact as to whether the Member has a right of abode in a country other than the People's Republic of China as declared under section 40(1)(b)(ii); or (d) is the President and has been found by the court, in accordance with the Mental Health Ordinance (Cap 136), to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection shall be eligible for re-election if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased; or (e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office. (2) Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People's Republic of China and subsequently he or she- (a) acquires a nationality other than Chinese nationality; or (b) acquires a right of abode in a country other than the People's Republic of China. (3) For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii). Note: Article 79 of the Basic Law provides as follows: The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council; (3) When he or she loses or renounces his or her status as a permanent resident of the Region; (4) When he or she accepts a government appointment and becomes a public servant; (5) When he or she is bankrupt or fails to comply with a court order to repay debts; (6) When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and (7) When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present. LEGISLATIVE COUNCIL ORDINANCE - SECT 16 Member to be eligible for re-election VerDate:03/10/1997 A person who ceases to be a Member is, subject to section 39, eligible for re-election as a Member. LEGISLATIVE COUNCIL ORDINANCE - SECT 17 Proceedings of Legislative Council not affected by vacancy in membership VerDate:03/10/1997 (1) A vacancy in the membership of the Legislative Council does not affect its power to transact business. (2) Neither a vacancy in the membership of the Legislative Council nor a defect in the election of a Member, or as to the eligibility of a person to be a Member, affects the validity of its proceedings. (3) For the purposes of this section, a vacancy in the membership of the Legislative Council includes a vacancy in its membership when it first meets after a general election. LEGISLATIVE COUNCIL ORDINANCE - SECT 18 Establishment of geographical constituencies VerDate:01/10/2004 PART III ESTABLISHMENT OF CONSTITUENCIES (1) There are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies. (Replaced 25 of 2003 s. 5) (2) The Chief Executive in Council may, by order published in the Gazette- (a) declare areas of Hong Kong to be geographical constituencies; and (b) give names to those constituencies. (3) When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of the general election to which the order relates. (4) If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office. (5) No charge is payable by a member of the public who wishes to inspect a copy of the map. (6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 18 Establishment of geographical constituencies VerDate:11/07/2003 The following amendment, made by s. 5 of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "Section 18(1) is repealed and the following substituted- "(1) There are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies.".". PART III ESTABLISHMENT OF CONSTITUENCIES (1) For the second term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies. (Amended 48 of 1999 s. 10) (2) The Chief Executive in Council may, by order published in the Gazette- (a) declare areas of Hong Kong to be geographical constituencies; and (b) give names to those constituencies. (3) When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of the general election to which the order relates. (4) If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office. (5) No charge is payable by a member of the public who wishes to inspect a copy of the map. (6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 18 Establishment of geographical constituencies VerDate:01/07/2000 PART III ESTABLISHMENT OF CONSTITUENCIES (1) For the second term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies. (Amended 48 of 1999 s. 10) (2) The Chief Executive in Council may, by order published in the Gazette- (a) declare areas of Hong Kong to be geographical constituencies; and (b) give names to those constituencies. (3) When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of the general election to which the order relates. (4) If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office. (5) No charge is payable by a member of the public who wishes to inspect a copy of the map. (6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 18 Establishment of geographical constituencies VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. PART III ESTABLISHMENT OF CONSTITUENCIES (1) For the second term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies. (Amended 48 of 1999 s. 10) (2) The Chief Executive in Council may, by order published in the Gazette- (a) declare areas of Hong Kong to be geographical constituencies; and (b) give names to those constituencies. (3) When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of the general election to which the order relates. (4) If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office. (5) No charge is payable by a member of the public who wishes to inspect a copy of the map. (6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 18 Establishment of geographical constituencies VerDate:03/10/1997 PART III ESTABLISHMENT OF CONSTITUENCIES (1) For the first term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies. (2) The Chief Executive in Council may, by order published in the Gazette- (a) declare areas of Hong Kong to be geographical constituencies; and (b) give names to those constituencies. (3) When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of the general election to which the order relates. (4) If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office. (5) No charge is payable by a member of the public who wishes to inspect a copy of the map. (6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 19 Number of Members to be returned for geographical constituency VerDate:01/10/2004 (1) At a general election, 30 Members are to be returned for all geographical constituencies. (2) The number of Members to be returned for each geographical constituency is to be a number, not less than 4 nor greater than 8, specified in the order declaring the area of the constituency in accordance with section 18(2). (Replaced 25 of 2003 s. 6) LEGISLATIVE COUNCIL ORDINANCE - SECT 19 Number of Members to be returned for geographical constituency VerDate:11/07/2003 The following amendment, made by s. 6 of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "Section 19 is repealed and the following substituted- "19. Number of Members to be returned for geographical constituency (1) At a general election, 30 Members are to be returned for all geographical constituencies. (2) The number of Members to be returned for each geographical constituency is to be a number, not less than 4 nor greater than 8, specified in the order declaring the area of the constituency in accordance with section 18(2).".". (1) For the second term of office of the Legislative Council, 24 Members are to be returned for all geographical constituencies. (2) The number of Members to be returned for each geographical constituency at the general election for the second term of office of the Legislative Council is to be a number, not less than 4 nor greater than 6, specified in the order declaring the area of constituency in accordance with section 18(2). (Replaced 48 of 1999 s. 11) LEGISLATIVE COUNCIL ORDINANCE - SECT 19 Number of Members to be returned for geographical constituency VerDate:01/07/2000 (1) For the second term of office of the Legislative Council, 24 Members are to be returned for all geographical constituencies. (2) The number of Members to be returned for each geographical constituency at the general election for the second term of office of the Legislative Council is to be a number, not less than 4 nor greater than 6, specified in the order declaring the area of constituency in accordance with section 18(2). (Replaced 48 of 1999 s. 11) LEGISLATIVE COUNCIL ORDINANCE - SECT 19 Number of Members to be returned for geographical constituency VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) For the second term of office of the Legislative Council, 24 Members are to be returned for all geographical constituencies. (2) The number of Members to be returned for each geographical constituency at the general election for the second term of office of the Legislative Council is to be a number, not less than 4 nor greater than 6, specified in the order declaring the area of constituency in accordance with section 18(2). (Replaced 48 of 1999 s. 11) LEGISLATIVE COUNCIL ORDINANCE - SECT 19 Number of Members to be returned for geographical constituency VerDate:03/10/1997 (1) Twenty Members are to be returned for all geographical constituencies at the first general election after the enactment of this Ordinance. (2) The number of Members to be returned for each geographical constituency at the first general election is to be a number, not less than 3 nor greater than 5, specified in the order declaring the area of the constituency in accordance with section 18(2). LEGISLATIVE COUNCIL ORDINANCE - SECT 20 Establishment of functional constituencies VerDate:11/07/2003 (1) The following functional constituencies are established for the purpose of returning Members at elections for those constituencies- (Amended 25 of 2003 s. 7) (a) the Heung Yee Kuk functional constituency; (b) the agriculture and fisheries functional constituency; (c) the insurance functional constituency; (d) the transport functional constituency; (e) the education functional constituency; (f) the legal functional constituency; (g) the accountancy functional constituency; (h) the medical functional constituency; (i) the health services functional constituency; (j) the engineering functional constituency; (k) the architectural, surveying and planning functional constituency; (l) the labour functional constituency; (m) the social welfare functional constituency; (n) the real estate and construction functional constituency; (o) the tourism functional constituency; (p) the commercial (first) functional constituency; (q) the commercial (second) functional constituency; (r) the industrial (first) functional constituency; (s) the industrial (second) functional constituency; (t) the finance functional constituency; (u) the financial services functional constituency; (v) the sports, performing arts, culture and publication functional constituency; (w) the import and export functional constituency; (x) the textiles and garment functional constituency; (y) the wholesale and retail functional constituency; (z) the information technology functional constituency; (za) the catering functional constituency; (zb) the District Council functional constituency. (2) The functional constituencies are constituted as provided by sections 20A to 20ZB. <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Replaced 48 of 1999 s. 12) LEGISLATIVE COUNCIL ORDINANCE - SECT 20 Establishment of functional constituencies VerDate:01/07/2000 (1) For the second term of office of the Legislative Council, the following functional constituencies are established for the purposes of this Ordinance- (a) the Heung Yee Kuk functional constituency; (b) the agriculture and fisheries functional constituency; (c) the insurance functional constituency; (d) the transport functional constituency; (e) the education functional constituency; (f) the legal functional constituency; (g) the accountancy functional constituency; (h) the medical functional constituency; (i) the health services functional constituency; (j) the engineering functional constituency; (k) the architectural, surveying and planning functional constituency; (l) the labour functional constituency; (m) the social welfare functional constituency; (n) the real estate and construction functional constituency; (o) the tourism functional constituency; (p) the commercial (first) functional constituency; (q) the commercial (second) functional constituency; (r) the industrial (first) functional constituency; (s) the industrial (second) functional constituency; (t) the finance functional constituency; (u) the financial services functional constituency; (v) the sports, performing arts, culture and publication functional constituency; (w) the import and export functional constituency; (x) the textiles and garment functional constituency; (y) the wholesale and retail functional constituency; (z) the information technology functional constituency; (za) the catering functional constituency; (zb) the District Council functional constituency. (2) The functional constituencies are constituted as provided by sections 20A to 20ZB. <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Replaced 48 of 1999 s. 12) LEGISLATIVE COUNCIL ORDINANCE - SECT 20 Establishment of functional constituencies VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) For the second term of office of the Legislative Council, the following functional constituencies are established for the purposes of this Ordinance- (a) the Heung Yee Kuk functional constituency; (b) the agriculture and fisheries functional constituency; (c) the insurance functional constituency; (d) the transport functional constituency; (e) the education functional constituency; (f) the legal functional constituency; (g) the accountancy functional constituency; (h) the medical functional constituency; (i) the health services functional constituency; (j) the engineering functional constituency; (k) the architectural, surveying and planning functional constituency; (l) the labour functional constituency; (m) the social welfare functional constituency; (n) the real estate and construction functional constituency; (o) the tourism functional constituency; (p) the commercial (first) functional constituency; (q) the commercial (second) functional constituency; (r) the industrial (first) functional constituency; (s) the industrial (second) functional constituency; (t) the finance functional constituency; (u) the financial services functional constituency; (v) the sports, performing arts, culture and publication functional constituency; (w) the import and export functional constituency; (x) the textiles and garment functional constituency; (y) the wholesale and retail functional constituency; (z) the information technology functional constituency; (za) the catering functional constituency; (zb) the District Council functional constituency. (2) The functional constituencies are constituted as provided by sections 20A to 20ZB. <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z, 20ZA, 20ZB *> (Replaced 48 of 1999 s. 12) LEGISLATIVE COUNCIL ORDINANCE - SECT 20 Establishment of functional constituencies VerDate:03/10/1997 For the first term of office of the Legislative Council, the functional constituencies to be established for the purposes of this Ordinance are those specified in column 1 of Schedule 1. LEGISLATIVE COUNCIL ORDINANCE - SECT 20A Composition of the Heung Yee Kuk functional constituency VerDate:01/07/2000 The Heung Yee Kuk functional constituency is composed of the Chairman and Vice-Chairmen of the Heung Yee Kuk and the Ex Officio, Special and Co-opted Councillors of the Full Council of the Kuk. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20A Composition of the Heung Yee Kuk functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The Heung Yee Kuk functional constituency is composed of the Chairman and Vice-Chairmen of the Heung Yee Kuk and the Ex Officio, Special and Co-opted Councillors of the Full Council of the Kuk. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20B Composition of the agriculture and fisheries functional constituency VerDate:13/05/2006 The agriculture and fisheries functional constituency is composed of- (a) corporate members of each of the following bodies- (i) The Federation of Vegetable Marketing Co-operative Societies, Limited; (Amended 10 of 2006 s. 33) (ii) The Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Limited; (Amended 10 of 2006 s. 33) (iii) The Joint Association of Hong Kong Fishermen; (iv) Federation of Hong Kong Aquaculture Associations; (v) The Federation of Fishermen's Co-operative Societies of Shau Kei Wan District, Limited; (vi) The Federation of Fishermen's Co-operative Societies of Tai Po District, N.T., Limited; (vii) The Federation of Fishermen's Co-operative Societies of Sai Kung District, Limited; (viii) The Federation of Fishermen's Co-operative Societies of Southern District, Limited; and (b) the bodies named in Schedule 1. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20B Composition of the agriculture and fisheries functional constituency VerDate:01/07/2000 The agriculture and fisheries functional constituency is composed of- (a) corporate members of each of the following bodies- (i) Federation of Vegetable Marketing Co-operative Societies, Limited; (ii) Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Ltd.; (iii) The Joint Association of Hong Kong Fishermen; (iv) Federation of Hong Kong Aquaculture Associations; (v) The Federation of Fishermen's Co-operative Societies of Shau Kei Wan District, Limited; (vi) The Federation of Fishermen's Co-operative Societies of Tai Po District, N.T., Limited; (vii) The Federation of Fishermen's Co-operative Societies of Sai Kung District, Limited; (viii) The Federation of Fishermen's Co-operative Societies of Southern District, Limited; and (b) the bodies named in Schedule 1. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20B Composition of the agriculture and fisheries functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The agriculture and fisheries functional constituency is composed of- (a) corporate members of each of the following bodies- (i) Federation of Vegetable Marketing Co-operative Societies, Limited; (ii) Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Ltd.; (iii) The Joint Association of Hong Kong Fishermen; (iv) Federation of Hong Kong Aquaculture Associations; (v) The Federation of Fishermen's Co-operative Societies of Shau Kei Wan District, Limited; (vi) The Federation of Fishermen's Co-operative Societies of Tai Po District, N.T., Limited; (vii) The Federation of Fishermen's Co-operative Societies of Sai Kung District, Limited; (viii) The Federation of Fishermen's Co-operative Societies of Southern District, Limited; and (b) the bodies named in Schedule 1. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20C Composition of the insurance functional constituency VerDate:01/07/2000 The insurance functional constituency is composed of bodies that are insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap 41). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20C Composition of the insurance functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The insurance functional constituency is composed of bodies that are insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap 41). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20D Composition of the transport functional constituency VerDate:01/07/2000 The transport functional constituency is composed of the bodies named in Schedule 1A. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20D Composition of the transport functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The transport functional constituency is composed of the bodies named in Schedule 1A. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:25/04/2008 The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (aa) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) School of Continuing and Professional Education of the City University of Hong Kong; (ii) School of Continuing Education of the Hong Kong Baptist University; (iii) Lingnan Institute of Further Education of the Lingnan University; (iv) School of Continuing Studies of The Chinese University of Hong Kong; (v) Division of Continuing Professional Education of The Hong Kong Institute of Education; (vi) School of Professional Education and Executive Development of The Hong Kong Polytechnic University; (vii) HKUST College of Lifelong Learning Limited; (viii) HKU School of Professional and Continuing Education; and (Added 25 of 2003 s. 8) (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) the Vocational Training Council; (Amended 10 of 2006 s. 35) (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan University; (Amended 25 of 2003 s. 8; 7 of 2008 s. 2) (xiii) Board of Governors of the Caritas Francis Hsu College; and (Added 25 of 2003 s. 8) (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the repealed Industrial Training (Construction Industry) Ordinance (Cap 317) and maintained under the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) (iia) industrial training centres established under the Construction Industry Council Ordinance (Cap 587); (Added 12 of 2006 s. 84) (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Hong Chi Association-Hong Chi Pinehill Advanced Training Centre; (Replaced 25 of 2003 s. 8) (v) Caritas Lok Mo Integrated Vocational Training Centre of Caritas-Hong Kong incorporated under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (Replaced 25 of 2003 s. 8. Amended 10 of 2006 s. 35) (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:01/01/2008 The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (aa) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) School of Continuing and Professional Education of the City University of Hong Kong; (ii) School of Continuing Education of the Hong Kong Baptist University; (iii) Lingnan Institute of Further Education of the Lingnan University; (iv) School of Continuing Studies of The Chinese University of Hong Kong; (v) Division of Continuing Professional Education of The Hong Kong Institute of Education; (vi) School of Professional Education and Executive Development of The Hong Kong Polytechnic University; (vii) HKUST College of Lifelong Learning Limited; (viii) HKU School of Professional and Continuing Education; and (Added 25 of 2003 s. 8) (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) the Vocational Training Council; (Amended 10 of 2006 s. 35) (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan College; (Amended 25 of 2003 s. 8) (xiii) Board of Governors of the Caritas Francis Hsu College; and (Added 25 of 2003 s. 8) (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the repealed Industrial Training (Construction Industry) Ordinance (Cap 317) and maintained under the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) (iia) industrial training centres established under the Construction Industry Council Ordinance (Cap 587); (Added 12 of 2006 s. 84) (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Hong Chi Association-Hong Chi Pinehill Advanced Training Centre; (Replaced 25 of 2003 s. 8) (v) Caritas Lok Mo Integrated Vocational Training Centre of Caritas-Hong Kong incorporated under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (Replaced 25 of 2003 s. 8. Amended 10 of 2006 s. 35) (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:13/05/2006 The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (aa) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) School of Continuing and Professional Education of the City University of Hong Kong; (ii) School of Continuing Education of the Hong Kong Baptist University; (iii) Lingnan Institute of Further Education of the Lingnan University; (iv) School of Continuing Studies of The Chinese University of Hong Kong; (v) Division of Continuing Professional Education of The Hong Kong Institute of Education; (vi) School of Professional Education and Executive Development of The Hong Kong Polytechnic University; (vii) HKUST College of Lifelong Learning Limited; (viii) HKU School of Professional and Continuing Education; and (Added 25 of 2003 s. 8) (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) the Vocational Training Council; (Amended 10 of 2006 s. 35) (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan College; (Amended 25 of 2003 s. 8) (xiii) Board of Governors of the Caritas Francis Hsu College; and (Added 25 of 2003 s. 8) (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Hong Chi Association-Hong Chi Pinehill Advanced Training Centre; (Replaced 25 of 2003 s. 8) (v) Caritas Lok Mo Integrated Vocational Training Centre of Caritas-Hong Kong incorporated under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (Replaced 25 of 2003 s. 8. Amended 10 of 2006 s. 35) (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:01/08/2003 The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (aa) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) School of Continuing and Professional Education of the City University of Hong Kong; (ii) School of Continuing Education of the Hong Kong Baptist University; (iii) Lingnan Institute of Further Education of the Lingnan University; (iv) School of Continuing Studies of The Chinese University of Hong Kong; (v) Division of Continuing Professional Education of The Hong Kong Institute of Education; (vi) School of Professional Education and Executive Development of The Hong Kong Polytechnic University; (vii) HKUST College of Lifelong Learning Limited; (viii) HKU School of Professional and Continuing Education; and (Added 25 of 2003 s. 8) (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) Council of the Vocational Training Council; (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan College; (Amended 25 of 2003 s. 8) (xiii) Board of Governors of the Caritas Francis Hsu College; and (Added 25 of 2003 s. 8) (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Hong Chi Association-Hong Chi Pinehill Advanced Training Centre; (Replaced 25 of 2003 s. 8) (v) Caritas Lok Mo Skills Centre of Caritas-Hong Kong incorporated under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (Replaced 25 of 2003 s. 8) (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:01/07/2000 The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) Council of the Vocational Training Council; (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan College; and (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped; (v) Caritas Lok Mo Vocational Training Centre of the Caritas-Hong Kong under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20E Composition of the education functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The education functional constituency is composed of- (a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions- (i) institutions of higher education funded through the University Grants Committee; (ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320); (iii) technical colleges established under the Vocational Training Council Ordinance (Cap 1130); (iv) The Hong Kong Academy for Performing Arts; (v) The Open University of Hong Kong; and (b) members of each of the following bodies- (i) Council of the University of Hong Kong; (ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology; (iv) Council of the City University of Hong Kong; (v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts; (vii) Council of The Open University of Hong Kong; (viii) Council of the Vocational Training Council; (ix) Council of The Hong Kong Institute of Education; (x) Council of the Hong Kong Baptist University; (xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39) (xii) Board of Governors of the Hong Kong Shue Yan College; and (c) registered teachers registered under the Education Ordinance (Cap 279); and (d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279); and (e) teachers and principals of schools entirely maintained and controlled by the Government; and (f) persons whose principal or only employment is that of full-time teaching with the following institutions- (i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap 1130); (ii) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318); (iv) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped; (v) Caritas Lok Mo Vocational Training Centre of the Caritas-Hong Kong under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092); and (g) registered managers of schools registered under the Education Ordinance (Cap 279). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20F Composition of the legal functional constituency VerDate:01/07/2000 The legal functional constituency is composed of- (a) members of The Law Society of Hong Kong entitled to vote at general meetings of the Society; and (b) members of the Hong Kong Bar Association entitled to vote at general meetings of the Association; and (c) legal officers within the meaning of the Legal Officers Ordinance (Cap 87); and (d) persons appointed under section 3 of the Legal Aid Ordinance (Cap 91); and (e) persons deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap 87) by section 75(3) of the Bankruptcy Ordinance (Cap 6) or section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap 412); and (f) the Legal Adviser of the Legislative Council Secretariat and his or her assistants who are in the full-time employment of The Legislative Council Commission and are barristers or solicitors as defined in the Legal Practitioners Ordinance (Cap 159). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20F Composition of the legal functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The legal functional constituency is composed of- (a) members of The Law Society of Hong Kong entitled to vote at general meetings of the Society; and (b) members of the Hong Kong Bar Association entitled to vote at general meetings of the Association; and (c) legal officers within the meaning of the Legal Officers Ordinance (Cap 87); and (d) persons appointed under section 3 of the Legal Aid Ordinance (Cap 91); and (e) persons deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap 87) by section 75(3) of the Bankruptcy Ordinance (Cap 6) or section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap 412); and (f) the Legal Adviser of the Legislative Council Secretariat and his or her assistants who are in the full-time employment of The Legislative Council Commission and are barristers or solicitors as defined in the Legal Practitioners Ordinance (Cap 159). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20G Composition of the accountancy functional constituency VerDate:08/09/2004 The accountancy functional constituency is composed of certified public accountants registered under the Professional Accountants Ordinance (Cap 50). (Added 48 of 1999 s. 13. Amended 23 of 2004 s. 56) LEGISLATIVE COUNCIL ORDINANCE - SECT 20G Composition of the accountancy functional constituency VerDate:01/07/2000 The accountancy functional constituency is composed of professional accountants registered under the Professional Accountants Ordinance (Cap 50). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20G Composition of the accountancy functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The accountancy functional constituency is composed of professional accountants registered under the Professional Accountants Ordinance (Cap 50). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20H Composition of the medical functional constituency VerDate:01/07/2000 The medical functional constituency is composed of- (a) medical practitioners registered or deemed to be registered under the Medical Registration Ordinance (Cap 161); and (b) dentists registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance (Cap 156). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20H Composition of the medical functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The medical functional constituency is composed of- (a) medical practitioners registered or deemed to be registered under the Medical Registration Ordinance (Cap 161); and (b) dentists registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance (Cap 156). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20I Composition of the health services functional constituency VerDate:01/08/2003 The health services functional constituency is composed of- (a) chiropractors registered under the Chiropractors Registration Ordinance (Cap 428); and (b) (Repealed 25 of 2003 s. 9) (c) nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap 164); and (d) midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap 162); and (e) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap 138); and (f) medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg. A); and (g) radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg. H); and (h) physiotherapists registered under the Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg. J); and (Amended 25 of 2003 s. 9) (i) occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg. B); and (j) optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg. F); and (k) dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap 156 sub. leg. B); and (l) audiologists, audiology technicians, chiropodists (also known as "podiatrists"), dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions- (Amended 25 of 2003 s. 9) (i) public hospitals within the meaning of the Hospital Authority Ordinance (Cap 113); (ii) hospitals registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165); (iii) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong; (iv) services subvented by the Government. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20I Composition of the health services functional constituency VerDate:01/07/2000 The health services functional constituency is composed of- (a) chiropractors registered under the Chiropractors Registration Ordinance (Cap 428); and (b) members of the Hong Kong Chiropractors' Association entitled to vote at general meetings of the Association; and (c) nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap 164); and (d) midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap 162); and (e) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap 138); and (f) medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg.); and (g) radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.); and (h) physiotherapists registered under the Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.) and applicants for provisional registration who are deemed to be registered in respect of the physiotherapists' profession under section 18A of the Supplementary Medical Professions Ordinance (Cap 359); and (i) occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg.); and (j) optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.); and (k) dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap 156 sub. leg.); and (l) audiologists, audiology technicians, chiropodists, dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions- (i) public hospitals within the meaning of the Hospital Authority Ordinance (Cap 113); (ii) hospitals registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165); (iii) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong; (iv) services subvented by the Government. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20I Composition of the health services functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The health services functional constituency is composed of- (a) chiropractors registered under the Chiropractors Registration Ordinance (Cap 428); and (b) members of the Hong Kong Chiropractors' Association entitled to vote at general meetings of the Association; and (c) nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap 164); and (d) midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap 162); and (e) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap 138); and (f) medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg.); and (g) radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.); and (h) physiotherapists registered under the Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.) and applicants for provisional registration who are deemed to be registered in respect of the physiotherapists' profession under section 18A of the Supplementary Medical Professions Ordinance (Cap 359); and (i) occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. leg.); and (j) optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. leg.); and (k) dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap 156 sub. leg.); and (l) audiologists, audiology technicians, chiropodists, dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions- (i) public hospitals within the meaning of the Hospital Authority Ordinance (Cap 113); (ii) hospitals registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165); (iii) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong; (iv) services subvented by the Government. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20J Composition of the engineering functional constituency VerDate:01/07/2000 The engineering functional constituency is composed of- (a) professional engineers registered under the Engineers Registration Ordinance (Cap 409); and (b) members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20J Composition of the engineering functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The engineering functional constituency is composed of- (a) professional engineers registered under the Engineers Registration Ordinance (Cap 409); and (b) members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20K Composition of the architectural, surveying and planning functional constituency VerDate:01/08/2003 The architectural, surveying and planning functional constituency is composed of- (a) architects registered under the Architects Registration Ordinance (Cap 408); and (b) members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute; and (c) landscape architects registered under the Landscape Architects Registration Ordinance (Cap 516); and (d) members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute; and (e) professional surveyors registered under the Surveyors Registration Ordinance (Cap 417); and (f) members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute; and (g) professional planners registered under the Planners Registration Ordinance (Cap 418); and (h) members of The Hong Kong Institute of Planners entitled to vote at general meetings of the Institute. (Amended 25 of 2003 s. 10) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20K Composition of the architectural, surveying and planning functional constituency VerDate:01/07/2000 The architectural, surveying and planning functional constituency is composed of- (a) architects registered under the Architects Registration Ordinance (Cap 408); and (b) members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute; and (c) landscape architects registered under the Landscape Architects Registration Ordinance (Cap 516); and (d) members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute; and (e) professional surveyors registered under the Surveyors Registration Ordinance (Cap 417); and (f) members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute; and (g) professional planners registered under the Planners Registration Ordinance (Cap 418); and (h) members of the Hong Kong Institute of Planners entitled to vote at general meetings of the Institute. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20K Composition of the architectural, surveying and planning functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The architectural, surveying and planning functional constituency is composed of- (a) architects registered under the Architects Registration Ordinance (Cap 408); and (b) members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute; and (c) landscape architects registered under the Landscape Architects Registration Ordinance (Cap 516); and (d) members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute; and (e) professional surveyors registered under the Surveyors Registration Ordinance (Cap 417); and (f) members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute; and (g) professional planners registered under the Planners Registration Ordinance (Cap 418); and (h) members of the Hong Kong Institute of Planners entitled to vote at general meetings of the Institute. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20L Composition of the labour functional constituency VerDate:01/07/2000 The labour functional constituency is composed of bodies that are trade unions registered under the Trade Unions Ordinance (Cap 332) of which all the voting members are employees. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20L Composition of the labour functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The labour functional constituency is composed of bodies that are trade unions registered under the Trade Unions Ordinance (Cap 332) of which all the voting members are employees. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20M Composition of the social welfare functional constituency VerDate:01/07/2000 The social welfare functional constituency is composed of social workers registered under the Social Workers Registration Ordinance (Cap 505). (Added 48 of 1999 s. 13. Amended 15 of 2000 s. 2) LEGISLATIVE COUNCIL ORDINANCE - SECT 20M Composition of the social welfare functional constituency VerDate:04/03/2000 1. This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. 2. The amendments made by Ord. No. 15 of 2000 shall come into operation on- (a) 4 March 2000 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all the Members of that Council; (b) 1 July 2000 in so far as it has not already come into operation. The social welfare functional constituency is composed of social workers registered under the Social Workers Registration Ordinance (Cap 505). (Added 48 of 1999 s. 13. Amended 15 of 2000 s. 2) LEGISLATIVE COUNCIL ORDINANCE - SECT 20M Composition of the social welfare functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) The social welfare functional constituency is composed of- (a) social workers registered under the Social Workers Registration Ordinance (Cap 505); and (b) corporate members of the Hong Kong Council of Social Service entitled to vote at general meetings of the Council; and (c) exempted societies within the meaning of the Societies Ordinance (Cap 151) that have been operating with paid employees to provide service on a regular basis in accordance with the following aims for a period of 12 months immediately before making the application for registration as an elector- (i) to promote the co-ordination and improvement of social service activities; or (ii) to develop resources, such as manpower, funds and data, for social service activities; or (iii) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs, and which publish their annual report and audited accounts or certified accounts with regards to annual income and expenditure; and (d) non-profit making companies registered under the Companies Ordinance (Cap 32) that have been operating with paid employees to provide service on a regular basis in accordance with the following aims for a period of 12 months immediately before making the application for registration as an elector- (i) to promote the co-ordination and improvement of social service activities; or (ii) to develop resources, such as manpower, funds and data, for social service activities; or (iii) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs, and which publish their annual report and audited accounts or certified accounts with regards to annual income and expenditure. (2) For the purposes of this section- (a) "non-profit making company" (非牟利公司) means a company formed for the purpose of promoting the objects specified in subsection (1)(d)(i) to (iii) that is required by its constitution to apply its profits, if any, or other income solely in promoting those objects and to prohibit the payment of any dividend to its members; and (b) "social service" (社會服務) refers to the provision of any one or more of the following services for the benefit of the community- (i) family and child welfare services; (ii) services for young people; (iii) services for the elderly; (iv) services for offenders; (v) rehabilitation services; (vi) community development; (vii) social security. (Added 48 of 1999 s. 13) "non-profit making company" (非牟利公司) "social service" (社會服務) LEGISLATIVE COUNCIL ORDINANCE - SECT 20N Composition of the real estate and construction functional constituency VerDate:01/07/2000 The real estate and construction functional constituency is composed of- (a) members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association; and (b) members of The Hong Kong Construction Association, Limited entitled to vote at general meetings of the Association; and (c) members of The Hong Kong E&M Contractors' Association Limited entitled to vote at general meetings of the Association. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20N Composition of the real estate and construction functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The real estate and construction functional constituency is composed of- (a) members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association; and (b) members of The Hong Kong Construction Association, Limited entitled to vote at general meetings of the Association; and (c) members of The Hong Kong E&M Contractors' Association Limited entitled to vote at general meetings of the Association. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20O Composition of the tourism functional constituency VerDate:13/05/2006 The tourism functional constituency is composed of the following bodies- (a) (Repealed 3 of 2001 s. 48) (aa) travel industry members of the body known immediately before 1 April 2001 as the Hong Kong Tourist Association, entitled immediately before that date, under the constitution of that body in force immediately before that date, to vote at general meetings of that body; (Added 25 of 2003 s. 11) (b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council; (c) members of The Board of Airline Representatives in Hong Kong; (Replaced 25 of 2003 s. 11. Amended 10 of 2006 s. 38) (d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association; (e) members of Federation of Hong Kong Hotel Owners Limited entitled to vote at general meetings of the Federation. (Amended 10 of 2006 s. 38) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20O Composition of the tourism functional constituency VerDate:01/08/2003 The tourism functional constituency is composed of the following bodies- (a) (Repealed 3 of 2001 s. 48) (aa) travel industry members of the body known immediately before 1 April 2001 as the Hong Kong Tourist Association, entitled immediately before that date, under the constitution of that body in force immediately before that date, to vote at general meetings of that body; (Added 25 of 2003 s. 11) (b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council; (c) members of the Hong Kong Board of Airline Representatives; (Replaced 25 of 2003 s. 11) (d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association; (e) members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20O Composition of the tourism functional constituency VerDate:01/04/2001 The tourism functional constituency is composed of the following bodies- (a) (Repealed 3 of 2001 s. 48) (b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council; (c) members of the Board of Airline Representatives in Hong Kong; (d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association; (e) members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20O Composition of the tourism functional constituency VerDate:01/07/2000 The tourism functional constituency is composed of the following bodies- (a) travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association; (b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council; (c) members of the Board of Airline Representatives in Hong Kong; (d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association; (e) members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20O Composition of the tourism functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The tourism functional constituency is composed of the following bodies- (a) travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association; (b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council; (c) members of the Board of Airline Representatives in Hong Kong; (d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association; (e) members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20P Composition of the commercial (first) functional constituency VerDate:01/07/2000 The commercial (first) functional constituency is composed of bodies that are members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20P Composition of the commercial (first) functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The commercial (first) functional constituency is composed of bodies that are members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Q Composition of the commercial (second) functional constituency VerDate:01/07/2000 The commercial (second) functional constituency is composed of members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Q Composition of the commercial (second) functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The commercial (second) functional constituency is composed of members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20R Composition of the industrial (first) functional constituency VerDate:01/07/2000 The industrial (first) functional constituency is composed of members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20R Composition of the industrial (first) functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The industrial (first) functional constituency is composed of members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20S Composition of the industrial (second) functional constituency VerDate:01/07/2000 The industrial (second) functional constituency is composed of bodies that are members of The Chinese Manufacturers' Association of Hong Kong entitled to vote at general meetings of the Association. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20S Composition of the industrial (second) functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The industrial (second) functional constituency is composed of bodies that are members of The Chinese Manufacturers' Association of Hong Kong entitled to vote at general meetings of the Association. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20T Composition of the finance functional constituency VerDate:01/07/2000 The finance functional constituency is composed of the following bodies- (a) banks within the meaning of the Banking Ordinance (Cap 155); (b) restricted licence banks within the meaning of the Banking Ordinance (Cap 155); (c) deposit-taking companies within the meaning of the Banking Ordinance (Cap 155). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20T Composition of the finance functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The finance functional constituency is composed of the following bodies- (a) banks within the meaning of the Banking Ordinance (Cap 155); (b) restricted licence banks within the meaning of the Banking Ordinance (Cap 155); (c) deposit-taking companies within the meaning of the Banking Ordinance (Cap 155). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20U Composition of the financial services functional constituency VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) The financial services functional constituency is composed of- (Amended 12 of 2000 s. 23) (a) subject to subsection (2), exchange participants of a recognized exchange company; and (Replaced 5 of 2002 s. 407) (b) (Repealed 5 of 2002 s. 407) (c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13) (2) Notwithstanding any other enactment or rule of law- (a) by virtue of this subsection, the rules of a recognized exchange company may provide that a class of exchange participants specified in the rules are not exchange participants for the purposes of this Ordinance; (b) no amendment or substitution of the rules of a recognized exchange company made on or after the commencement of this subsection shall have effect- (Amended 5 of 2002 s. 407) (i) for the purposes of this Ordinance to the extent, if any, to which the amendment or substitution, as the case may be, causes a person to become or to cease to be an exchange participant of the recognized exchange company; and (ii) unless the amendment or substitution, as the case may be, has been approved in writing by the Secretary for Constitutional and Mainland Affairs. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407; L.N. 130 of 2007) (3) In subsection (2)- "exchange participant" (交易所參與者) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (Replaced 5 of 2002 s. 407) "recognized exchange company" (認可交易所) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (Added 5 of 2002 s. 407) "rules" (規章), in relation to a recognized exchange company, means the rules governing the conduct, or the operation and management, of the recognized exchange company or the conduct of its exchange participants, by whatever name such rules may be called and wherever contained. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407) (Amended 5 of 2002 s. 407) "exchange participant" (交易所參與者) "recognized exchange company" (認可交易所) "rules" (規章) LEGISLATIVE COUNCIL ORDINANCE - SECT 20U Composition of the financial services functional constituency VerDate:01/04/2003 (1) The financial services functional constituency is composed of- (Amended 12 of 2000 s. 23) (a) subject to subsection (2), exchange participants of a recognized exchange company; and (Replaced 5 of 2002 s. 407) (b) (Repealed 5 of 2002 s. 407) (c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13) (2) Notwithstanding any other enactment or rule of law- (a) by virtue of this subsection, the rules of a recognized exchange company may provide that a class of exchange participants specified in the rules are not exchange participants for the purposes of this Ordinance; (b) no amendment or substitution of the rules of a recognized exchange company made on or after the commencement of this subsection shall have effect- (Amended 5 of 2002 s. 407) (i) for the purposes of this Ordinance to the extent, if any, to which the amendment or substitution, as the case may be, causes a person to become or to cease to be an exchange participant of the recognized exchange company; and (ii) unless the amendment or substitution, as the case may be, has been approved in writing by the Secretary for Constitutional Affairs. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407) (3) In subsection (2)- "exchange participant" (交易所參與者) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (Replaced 5 of 2002 s. 407) "recognized exchange company" (認可交易所) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (Added 5 of 2002 s. 407) "rules" (規章), in relation to a recognized exchange company, means the rules governing the conduct, or the operation and management, of the recognized exchange company or the conduct of its exchange participants, by whatever name such rules may be called and wherever contained. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407) (Amended 5 of 2002 s. 407) "exchange participant" (交易所參與者) "recognized exchange company" (認可交易所) "rules" (規章) LEGISLATIVE COUNCIL ORDINANCE - SECT 20U Composition of the financial services functional constituency VerDate:01/07/2000 (1) The financial services functional constituency is composed of- (Amended 12 of 2000 s. 23) (a) subject to subsection (2), exchange participants of the Exchange Company within the meaning of section 2 of the Stock Exchanges Unification Ordinance (Cap 361); (Replaced 12 of 2000 s. 23) (b) subject to subsection (2), exchange participants of the Exchange Company within the meaning of section 2 of the Commodities Trading Ordinance (Cap 250); and (Replaced 12 of 2000 s. 23) (c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13) (2) Notwithstanding any other enactment or rule of law- (a) by virtue of this subsection, the rules of an Exchange Company may provide that a class of exchange participants specified in the rules are not exchange participants for the purposes of this Ordinance; (b) no amendment or substitution of the rules of an Exchange Company made on or after the commencement of this subsection shall have effect- (i) for the purposes of this Ordinance to the extent, if any, to which the amendment or substitution, as the case may be, causes a person to become or to cease to be an exchange participant of the Exchange Company; and (ii) unless the amendment or substitution, as the case may be, has been approved in writing by the Secretary for Constitutional Affairs. (Added 12 of 2000 s. 23) (3) In subsection (2)- "Exchange Company" (交易所) means an Exchange Company within the meaning of section 2 of the Securities and Futures Commission Ordinance (Cap 24); "exchange participant" (交易所參與者) means an exchange participant within the meaning of section 2 of the Securities and Futures Commission Ordinance (Cap 24); "rules" (規章), in relation to an Exchange Company, means the rules governing the conduct, or the operation and management, of the Exchange Company or the conduct of its exchange participants, by whatever name such rules may be called and wherever contained. (Added 12 of 2000 s. 23) "Exchange Company" (交易所) "exchange participant" (交易所參與者) "rules" (規章) LEGISLATIVE COUNCIL ORDINANCE - SECT 20U Composition of the financial services functional constituency VerDate:06/03/2000 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) The financial services functional constituency is composed of- (Amended 12 of 2000 s. 23) (a) subject to subsection (2), exchange participants of the Exchange Company within the meaning of section 2 of the Stock Exchanges Unification Ordinance (Cap 361); (Replaced 12 of 2000 s. 23) (b) subject to subsection (2), exchange participants of the Exchange Company within the meaning of section 2 of the Commodities Trading Ordinance (Cap 250); and (Replaced 12 of 2000 s. 23) (c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13) (2) Notwithstanding any other enactment or rule of law- (a) by virtue of this subsection, the rules of an Exchange Company may provide that a class of exchange participants specified in the rules are not exchange participants for the purposes of this Ordinance; (b) no amendment or substitution of the rules of an Exchange Company made on or after the commencement of this subsection shall have effect- (i) for the purposes of this Ordinance to the extent, if any, to which the amendment or substitution, as the case may be, causes a person to become or to cease to be an exchange participant of the Exchange Company; and (ii) unless the amendment or substitution, as the case may be, has been approved in writing by the Secretary for Constitutional Affairs. (Added 12 of 2000 s. 23) (3) In subsection (2)- "Exchange Company" (交易所) means an Exchange Company within the meaning of section 2 of the Securities and Futures Commission Ordinance (Cap 24); "exchange participant" (交易所參與者) means an exchange participant within the meaning of section 2 of the Securities and Futures Commission Ordinance (Cap 24); "rules" (規章), in relation to an Exchange Company, means the rules governing the conduct, or the operation and management, of the Exchange Company or the conduct of its exchange participants, by whatever name such rules may be called and wherever contained. (Added 12 of 2000 s. 23) "Exchange Company" (交易所) "exchange participant" (交易所參與者) "rules" (規章) LEGISLATIVE COUNCIL ORDINANCE - SECT 20U Composition of the financial services functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The financial services functional constituency is composed of- (a) members of the Exchange Company within the meaning of the Stock Exchanges Unification Ordinance (Cap 361) entitled to vote at general meetings of the Company; and (b) members of the Exchange Company within the meaning of the Commodities Trading Ordinance (Cap 250) entitled to vote at general meetings of the Company; and (c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20V Composition of the sports, performing arts, culture and publication functional constituency VerDate:01/08/2003 (1) The sports, performing arts, culture and publication functional constituency is composed of- (a) statutory bodies and registered bodies (other than schools registered under the Education Ordinance (Cap 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China; and (b) sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members; and (c) district sports associations named in Part 1 of Schedule 1B; and (d) bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap 472) as organizations for the purpose of section 3(4) of that Ordinance; and (e) statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants, sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council, the Provisional Regional Council, the Leisure and Cultural Services Department or the Home Affairs Bureau during the relevant period; and (Amended 78 of 1999 s. 7) (f) district arts and culture associations named in Part 2 of Schedule 1B; and (g) members of each of the following bodies entitled to vote at general meetings of the body- (i) Educational Booksellers' Association, Limited; (ii) The Anglo-Chinese Textbook Publishers Organisation Limited; (iii) The Hong Kong Educational Publishers Association Limited; (iv) The Hong Kong Publishers and Distributors Association; (v) Hong Kong Book & Magazine Trade Association Limited; (vi) Hongkong Book and Stationery Industry Association Company Limited; and (h) members of the Hong Kong Publishing Federation Limited (other than those referred to in paragraph (g)) entitled to vote at general meetings of the Federation; and (i) members of each of the following bodies entitled to vote at general meetings of the body- (i) HK, Kln & NT Motion Picture Industry Association Ltd.; (ii) Hong Kong Film Awards Association Ltd.; (iii) International Federation of the Phonographic Industry (Hong Kong Group) Limited; (iv) Movie Producers and Distributors Association of Hong Kong Ltd.; (v) Music Publishers Association of Hong Kong Ltd.; (vi) Hong Kong Theatres Association Ltd.; and (j) corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap 268); and (k) corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap 268 sub. leg. B); and (ka) bodies that are holders of one or more of the following classes of licences granted under the Broadcasting Ordinance (Cap 562)- (i) licences to provide a domestic free television programme service; (ii) licences to provide a domestic pay television programme service; (iii) licences to provide a non-domestic television programme service; and (Added 25 of 2003 s. 12) (kb) holders of licences granted under Part IIIA of the Telecommunications Ordinance (Cap 106) (sound broadcasting licences); and (Added 25 of 2003 s. 12) (l) the bodies named in Part 3 of Schedule 1B. (2) For the purposes of this section- (a) "registered body" (註冊團體) means a body which is registered or exempt from registration under, or incorporated by, any laws of Hong Kong; and (b) "relevant period" (有關期間), in relation to a statutory body or registered body, means- (i) subject to subparagraph (ii), the period from 1 April 1994 to the date on which the statutory body or registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency; or (ii) if the statutory body or registered body applies for such registration on or after 18 July 2003, the period of 6 years immediately preceding the date on which it so applies; and (Replaced 25 of 2003 s. 12) (c) "statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance. (Added 48 of 1999 s. 13) "registered body" (註冊團體) "relevant period" (有關期間) "statutory body" (法定團體) LEGISLATIVE COUNCIL ORDINANCE - SECT 20V Composition of the sports, performing arts, culture and publication functional constituency VerDate:01/07/2000 (1) The sports, performing arts, culture and publication functional constituency is composed of- (a) statutory bodies and registered bodies (other than schools registered under the Education Ordinance (Cap 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China; and (b) sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members; and (c) district sports associations named in Part 1 of Schedule 1B; and (d) bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap 472) as organizations for the purpose of section 3(4) of that Ordinance; and (e) statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants, sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council, the Provisional Regional Council, the Leisure and Cultural Services Department or the Home Affairs Bureau during the relevant period; and (Amended 78 of 1999 s. 7) (f) district arts and culture associations named in Part 2 of Schedule 1B; and (g) members of each of the following bodies entitled to vote at general meetings of the body- (i) Educational Booksellers' Association, Limited; (ii) The Anglo-Chinese Textbook Publishers Organisation Limited; (iii) The Hong Kong Educational Publishers Association Limited; (iv) The Hong Kong Publishers and Distributors Association; (v) Hong Kong Book & Magazine Trade Association Limited; (vi) Hongkong Book and Stationery Industry Association Company Limited; and (h) members of the Hong Kong Publishing Federation Limited (other than those referred to in paragraph (g)) entitled to vote at general meetings of the Federation; and (i) members of each of the following bodies entitled to vote at general meetings of the body- (i) HK, Kln & NT Motion Picture Industry Association Ltd.; (ii) Hong Kong Film Awards Association Ltd.; (iii) International Federation of the Phonographic Industry (Hong Kong Group) Limited; (iv) Movie Producers and Distributors Association of Hong Kong Ltd.; (v) Music Publishers Association of Hong Kong Ltd.; (vi) Hong Kong Theatres Association Ltd.; and (j) corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap 268); and (k) corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap 268 sub. leg.); and (l) the bodies named in Part 3 of Schedule 1B. (2) For the purposes of this section- (a) "registered body" (註冊團體) means a body which is registered or exempt from registration under, or incorporated by, any laws of Hong Kong; and (b) "relevant period" (有關期間), in relation to a statutory body or registered body, means the period from 1 April 1994 to the date on which the statutory body or registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency; and (c) "statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance. (Added 48 of 1999 s. 13) "registered body" (註冊團體) "relevant period" (有關期間) "statutory body" (法定團體) LEGISLATIVE COUNCIL ORDINANCE - SECT 20V Composition of the sports, performing arts, culture and publication functional constituency VerDate:01/01/2000 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) The sports, performing arts, culture and publication functional constituency is composed of- (a) statutory bodies and registered bodies (other than schools registered under the Education Ordinance (Cap 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China; and (b) sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members; and (c) district sports associations named in Part 1 of Schedule 1B; and (d) bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap 472) as organizations for the purpose of section 3(4) of that Ordinance; and *(e) statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants, sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council, the Provisional Regional Council, the Leisure and Cultural Services Department or the Home Affairs Bureau during the relevant period; and (Amended 78 of 1999 s. 7) (f) district arts and culture associations named in Part 2 of Schedule 1B; and (g) members of each of the following bodies entitled to vote at general meetings of the body- (i) Educational Booksellers' Association, Limited; (ii) The Anglo-Chinese Textbook Publishers Organisation Limited; (iii) The Hong Kong Educational Publishers Association Limited; (iv) The Hong Kong Publishers and Distributors Association; (v) Hong Kong Book & Magazine Trade Association Limited; (vi) Hongkong Book and Stationery Industry Association Company Limited; and (h) members of the Hong Kong Publishing Federation Limited (other than those referred to in paragraph (g)) entitled to vote at general meetings of the Federation; and (i) members of each of the following bodies entitled to vote at general meetings of the body- (i) HK, Kln & NT Motion Picture Industry Association Ltd.; (ii) Hong Kong Film Awards Association Ltd.; (iii) International Federation of the Phonographic Industry (Hong Kong Group) Limited; (iv) Movie Producers and Distributors Association of Hong Kong Ltd.; (v) Music Publishers Association of Hong Kong Ltd.; (vi) Hong Kong Theatres Association Ltd.; and (j) corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap 268); and (k) corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap 268 sub. leg.); and (l) the bodies named in Part 3 of Schedule 1B. (2) For the purposes of this section- (a) "registered body" (註冊團體) means a body which is registered or exempt from registration under, or incorporated by, any laws of Hong Kong; and (b) "relevant period" (有關期間), in relation to a statutory body or registered body, means the period from 1 April 1994 to the date on which the statutory body or registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency; and (c) "statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance. (Added 48 of 1999 s. 13) _______________________________________________________________________ *Note: Section 147 of Schedule 7 to the Provision of Municipal Services (Reorganization) Ordinance (78 of 1999) amended section 20V(1)(e) of this Ordinance by repealing "or the Provisional Regional Council" and substituting ", the Provisional Regional Council, the Leisure and Cultural Services Department or the Home Affairs Bureau". This amendment shall come into operation on- (a) 1 January 2000 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; and (b) 1 July 2000 in so far as it has not come into operation under paragraph (a). "registered body" (註冊團體) "relevant period" (有關期間) "statutory body" (法定團體) LEGISLATIVE COUNCIL ORDINANCE - SECT 20V Composition of the sports, performing arts, culture and publication functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) The sports, performing arts, culture and publication functional constituency is composed of- (a) statutory bodies and registered bodies (other than schools registered under the Education Ordinance (Cap 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China; and (b) sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members; and (c) district sports associations named in Part 1 of Schedule 1B; and (d) bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap 472) as organizations for the purpose of section 3(4) of that Ordinance; and (e) statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants, sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council or the Provisional Regional Council during the relevant period; and (f) district arts and culture associations named in Part 2 of Schedule 1B; and (g) members of each of the following bodies entitled to vote at general meetings of the body- (i) Educational Booksellers' Association, Limited; (ii) The Anglo-Chinese Textbook Publishers Organisation Limited; (iii) The Hong Kong Educational Publishers Association Limited; (iv) The Hong Kong Publishers and Distributors Association; (v) Hong Kong Book & Magazine Trade Association Limited; (vi) Hongkong Book and Stationery Industry Association Company Limited; and (h) members of the Hong Kong Publishing Federation Limited (other than those referred to in paragraph (g)) entitled to vote at general meetings of the Federation; and (i) members of each of the following bodies entitled to vote at general meetings of the body- (i) HK, Kln & NT Motion Picture Industry Association Ltd.; (ii) Hong Kong Film Awards Association Ltd.; (iii) International Federation of the Phonographic Industry (Hong Kong Group) Limited; (iv) Movie Producers and Distributors Association of Hong Kong Ltd.; (v) Music Publishers Association of Hong Kong Ltd.; (vi) Hong Kong Theatres Association Ltd.; and (j) corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap 268); and (k) corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap 268 sub. leg.); and (l) the bodies named in Part 3 of Schedule 1B. (2) For the purposes of this section- (a) "registered body" (註冊團體) means a body which is registered or exempt from registration under, or incorporated by, any laws of Hong Kong; and (b) "relevant period" (有關期間), in relation to a statutory body or registered body, means the period from 1 April 1994 to the date on which the statutory body or registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency; and (c) "statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance. (Added 48 of 1999 s. 13) "registered body" (註冊團體) "relevant period" (有關期間) "statutory body" (法定團體) LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:06/06/2008 The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (aa) companies licensed under the Dutiable Commodities Ordinance (Cap 109) immediately before the commencement* of the Dutiable Commodities (Amendment) (No. 2) Ordinance 2008 (16 of 2008) for the import, or import and export, of alcoholic liquors; and (Added 16 of 2008 s. 7) (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) (Repealed 10 of 2006 s. 27) (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) The Association of Hong Kong Photographic Equipment Importers Limited; (Amended 10 of 2006 s. 39) (ii) (Repealed 25 of 2003 s. 13) (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) The Hong Kong Chinese Importers' and Exporters' Association; (Amended 10 of 2006 s. 39) (v) The Hong Kong Exporters' Association; (Amended 7 of 2008 s. 4) (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Hong Kong Food, Drink & Grocery Association; (Replaced 25 of 2003 s. 13) (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) The Industrial Chemical Merchants' Association Limited; (Amended 10 of 2006 s. 39) (xvi) South-China Paper Merchants Association Limited; (Replaced 25 of 2003 s. 13) (xvii) The Wah On Exporters & Importers Association; (Amended 10 of 2006 s. 39) (xviii) The Hong Kong Shippers' Council; (Amended 25 of 2003 s. 13) (xix) The Shippers' Association of Hong Kong. (Replaced 25 of 2003 s. 13) (Added 48 of 1999 s. 13) _ ___________________________________________________________________________ ___ Note: * Commencement date: 6 June 2008. LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:25/04/2008 The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) (Repealed 10 of 2006 s. 27) (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) The Association of Hong Kong Photographic Equipment Importers Limited; (Amended 10 of 2006 s. 39) (ii) (Repealed 25 of 2003 s. 13) (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) The Hong Kong Chinese Importers' and Exporters' Association; (Amended 10 of 2006 s. 39) (v) The Hong Kong Exporters' Association; (Amended 7 of 2008 s. 4) (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Hong Kong Food, Drink & Grocery Association; (Replaced 25 of 2003 s. 13) (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) The Industrial Chemical Merchants' Association Limited; (Amended 10 of 2006 s. 39) (xvi) South-China Paper Merchants Association Limited; (Replaced 25 of 2003 s. 13) (xvii) The Wah On Exporters & Importers Association; (Amended 10 of 2006 s. 39) (xviii) The Hong Kong Shippers' Council; (Amended 25 of 2003 s. 13) (xix) The Shippers' Association of Hong Kong. (Replaced 25 of 2003 s. 13) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:13/05/2006 The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) (Repealed 10 of 2006 s. 27) (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) The Association of Hong Kong Photographic Equipment Importers Limited; (Amended 10 of 2006 s. 39) (ii) (Repealed 25 of 2003 s. 13) (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) The Hong Kong Chinese Importers' and Exporters' Association; (Amended 10 of 2006 s. 39) (v) Hong Kong Exporters' Association; (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Hong Kong Food, Drink & Grocery Association; (Replaced 25 of 2003 s. 13) (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) The Industrial Chemical Merchants' Association Limited; (Amended 10 of 2006 s. 39) (xvi) South-China Paper Merchants Association Limited; (Replaced 25 of 2003 s. 13) (xvii) The Wah On Exporters & Importers Association; (Amended 10 of 2006 s. 39) (xviii) The Hong Kong Shippers' Council; (Amended 25 of 2003 s. 13) (xix) The Shippers' Association of Hong Kong. (Replaced 25 of 2003 s. 13) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:01/08/2003 The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) companies licensed under the Import and Export Ordinance (Cap 60) for the import or export, or import and export, of outboard engines and left hand drive vehicles and for the export of prescribed articles; and (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) Association of Hong Kong Photographic Equipment Importers Ltd.; (ii) (Repealed 25 of 2003 s. 13) (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) Hong Kong Chinese Importers' & Exporters' Association; (v) Hong Kong Exporters' Association; (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Hong Kong Food, Drink & Grocery Association; (Replaced 25 of 2003 s. 13) (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) Industrial Chemical Merchants' Association Limited; (xvi) South-China Paper Merchants Association Limited; (Replaced 25 of 2003 s. 13) (xvii) Wah On Exporters & Importers Association; (xviii) The Hong Kong Shippers' Council; (Amended 25 of 2003 s. 13) (xix) The Shippers' Association of Hong Kong. (Replaced 25 of 2003 s. 13) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:01/07/2000 The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) companies licensed under the Import and Export Ordinance (Cap 60) for the import or export, or import and export, of outboard engines and left hand drive vehicles and for the export of prescribed articles; and (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) Association of Hong Kong Photographic Equipment Importers Ltd.; (ii) Diamond Importers Association Ltd.; (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) Hong Kong Chinese Importers' & Exporters' Association; (v) Hong Kong Exporters' Association; (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Liquor & Provision Industries Association; (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) Industrial Chemical Merchants' Association Limited; (xvi) The South China Paper Merchants Association; (xvii) Wah On Exporters & Importers Association; (xviii) Hong Kong Shippers' Council; (xix) Shippers' Association of Hong Kong. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20W Composition of the import and export functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The import and export functional constituency is composed of- (a) companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities; and (b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong; and (c) companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals; and (d) companies licensed under the Import and Export Ordinance (Cap 60) for the import or export, or import and export, of outboard engines and left hand drive vehicles and for the export of prescribed articles; and (e) members of each of the following bodies entitled to vote at general meetings of the body- (i) Association of Hong Kong Photographic Equipment Importers Ltd.; (ii) Diamond Importers Association Ltd.; (iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (iv) Hong Kong Chinese Importers' & Exporters' Association; (v) Hong Kong Exporters' Association; (vi) Hong Kong Fresh Fruits Importers Association Ltd.; (vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (viii) Hong Kong Maize and Feed Importers Association Ltd.; (ix) Hongkong Rice Importers & Exporters Association; (x) Hongkong Watch Importers' Association; (xi) The Liquor & Provision Industries Association; (xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (xiii) Nanyang Importers and Exporters Association; (xiv) Hong Kong Industrial Production Trading Association Limited; (xv) Industrial Chemical Merchants' Association Limited; (xvi) The South China Paper Merchants Association; (xvii) Wah On Exporters & Importers Association; (xviii) Hong Kong Shippers' Council; (xix) Shippers' Association of Hong Kong. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20X Composition of the textiles and garment functional constituency VerDate:13/05/2006 The textiles and garment functional constituency is composed of- (a) corporate members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (b)(i) to (xii)) entitled to vote at general meetings of the Council; and (b) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) The Federation of Hong Kong Cotton Weavers; (ii) The Federation of Hong Kong Garment Manufacturers; (iii) Hong Kong Chinese Textile Mills Association; (iv) The Hong Kong Cotton Made-up Goods Manufacturers Association, Limited; (v) The Hongkong Cotton Spinners Association; (vi) Hong Kong Garment Manufacturers Association Ltd.; (vii) Hong Kong Knitwear Exporters & Manufacturers Association Ltd.; (viii) Hong Kong Woollen & Synthetic Knitting Manufacturers' Association Ltd.; (ix) The Hong Kong Association of Textile Bleachers, Dyers, Printers and Finishers Limited; (x) The Hong Kong Weaving Mills Association; (xi) The Hongkong Wool and Synthetic Spinners Association Limited; (xii) The Hong Kong General Chamber of Textiles Limited; and (Amended 10 of 2006 s. 40) (c) members of the Hong Kong Institution of Textile and Apparel Limited entitled to vote at general meetings of the Institution; and (Amended 10 of 2006 s. 40) (d) Textiles & Clothing manufacturers registered under the Factory Registration of the Trade and Industry Department for the purpose of applying for the certificate of Hong Kong origin; and (Amended L.N. 173 of 2000) (e) textiles traders who- (i) are registered as textiles traders pursuant to regulation 5A of the Import and Export (General) Regulations (Cap 60 sub. leg. A); (ii) have been so registered for a period of 12 months immediately before making the application for registration as an elector; and (iii) are carrying on business as textiles traders specified in the Fourth Schedule to the Import and Export (General) Regulations (Cap 60 sub. leg. A). (Replaced 10 of 2006 s. 28) (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20X Composition of the textiles and garment functional constituency VerDate:01/07/2000 The textiles and garment functional constituency is composed of- (a) corporate members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (b)(i) to (xii)) entitled to vote at general meetings of the Council; and (b) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Federation of Hong Kong Cotton Weavers; (ii) Federation of Hong Kong Garment Manufacturers; (iii) Hong Kong Chinese Textile Mills Association; (iv) Hong Kong Cotton Made-up Goods Manufacturers Association Ltd.; (v) Hong Kong Cotton Spinners Association; (vi) Hong Kong Garment Manufacturers Association Ltd.; (vii) Hong Kong Knitwear Exporters & Manufacturers Association Ltd.; (viii) Hong Kong Woollen & Synthetic Knitting Manufacturers' Association Ltd.; (ix) Hong Kong Association of Textile Bleachers, Dyers, Printers & Finishers Ltd.; (x) Hong Kong Weaving Mills Association; (xi) Hongkong Wool & Synthetic Spinners Association Ltd.; (xii) The Hong Kong General Chamber of Textiles Limited; and (c) members of the Hong Kong Institution of Textile and Apparel entitled to vote at general meetings of the Institution; and (d) Textiles & Clothing manufacturers registered under the Factory Registration of the Trade and Industry Department for the purpose of applying for the certificate of Hong Kong origin; and (Amended L.N. 173 of 2000) (e) textiles traders who are registered by the Director-General of Trade and Industry as Textiles Traders pursuant to regulation 5A of the Import and Export (General) Regulations (Cap 60 sub. leg. A) and have been so registered for a period of 12 months immediately before making the application for registration as an elector and are carrying on the business of- (Amended L.N. 173 of 2000) (i) importing textiles from any country or place; or (ii) exporting textiles that are not entitled to a certificate of Hong Kong origin to any country or place; or (iii) exporting textiles that are entitled to a certificate of Hong Kong origin to a country or place with which Hong Kong does not have a bilateral textiles agreement to control exports of textiles from Hong Kong to the country or place. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20X Composition of the textiles and garment functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The textiles and garment functional constituency is composed of- (a) corporate members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (b)(i) to (xii)) entitled to vote at general meetings of the Council; and (b) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Federation of Hong Kong Cotton Weavers; (ii) Federation of Hong Kong Garment Manufacturers; (iii) Hong Kong Chinese Textile Mills Association; (iv) Hong Kong Cotton Made-up Goods Manufacturers Association Ltd.; (v) Hong Kong Cotton Spinners Association; (vi) Hong Kong Garment Manufacturers Association Ltd.; (vii) Hong Kong Knitwear Exporters & Manufacturers Association Ltd.; (viii) Hong Kong Woollen & Synthetic Knitting Manufacturers' Association Ltd.; (ix) Hong Kong Association of Textile Bleachers, Dyers, Printers & Finishers Ltd.; (x) Hong Kong Weaving Mills Association; (xi) Hongkong Wool & Synthetic Spinners Association Ltd.; (xii) The Hong Kong General Chamber of Textiles Limited; and (c) members of the Hong Kong Institution of Textile and Apparel entitled to vote at general meetings of the Institution; and (d) Textiles & Clothing manufacturers registered under the Factory Registration of the Trade Department for the purpose of applying for the certificate of Hong Kong origin; and (e) textiles traders who are registered by the Director-General of Trade as Textiles Traders pursuant to regulation 5A of the Import and Export (General) Regulations (Cap 60 sub. leg.) and have been so registered for a period of 12 months immediately before making the application for registration as an elector and are carrying on the business of- (i) importing textiles from any country or place; or (ii) exporting textiles that are not entitled to a certificate of Hong Kong origin to any country or place; or (iii) exporting textiles that are entitled to a certificate of Hong Kong origin to a country or place with which Hong Kong does not have a bilateral textiles agreement to control exports of textiles from Hong Kong to the country or place. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Y Composition of the wholesale and retail functional constituency VerDate:01/07/2000 The wholesale and retail functional constituency is composed of members of each of the bodies named in Schedule 1C that are entitled to vote at general meetings of the body. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Y Composition of the wholesale and retail functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The wholesale and retail functional constituency is composed of members of each of the bodies named in Schedule 1C that are entitled to vote at general meetings of the body. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:25/04/2008 (1) The information technology functional constituency is composed of- (Amended 25 of 2003 s. 14) (a) Distinguished Fellows, Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (Amended 7 of 2008 s. 5) (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Honorary Fellows, Fellows and Members of The Institution of Engineering and Technology Hong Kong entitled to vote at general meetings of the Institution who are either- (i) persons registered as Chartered Engineers with the Engineering Council UK; or (ii) Corporate Members of The Institution of Electrical Engineers Hong Kong (IEE Hong Kong) before 15 October 2002; and (Replaced 7 of 2008 s. 5) (g) Fellows, Members and Associate Members of The British Computer Society (Hong Kong Section) Limited entitled to vote at general meetings of the Society; and (Amended 10 of 2006 s. 41) (h) Fellows, Senior Professional Members and Professional Members of The Hong Kong Association for Computer Education entitled to vote at general meetings of the Association; and (Amended 25 of 2003 s. 14) (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Limited entitled to vote at general meetings of the Society; and (Amended 25 of 2003 s. 14) (ia) Full Members of the Information and Software Industry Association Limited entitled to vote at general meetings of the Association; and (Added 25 of 2003 s. 14) (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (ja) the eligible persons of the following bodies- (i) Hong Kong & Mainland Software Industry Cooperation Association Limited; (ii) Information Systems Audit and Control Association (Hong Kong Chapter) Limited; (iii) Internet Professional Association Limited; (Amended 10 of 2006 s. 41) (iv) Professional Information Security Association; and (Added 25 of 2003 s. 14) (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Limited; (Amended 25 of 2003 s. 14) (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Communications Association of Hong Kong Limited; (Replaced 25 of 2003 s. 14. Amended 7 of 2008 s. 5) (v) Hong Kong Wireless Technology Industry Association Limited; (Added 25 of 2003 s. 14) (vi) The Society of Hong Kong External Telecommunications Services Providers Limited; and (Added 25 of 2003 s. 14) (l) bodies that are holders of one or more of the following classes of licences granted by the Telecommunications Authority under the Telecommunications Ordinance (Cap 106)- (Amended 36 of 2000 s. 28; 25 of 2003 s. 14) (i) Fixed Telecommunications Network Services licences; (Amended 36 of 2000 s. 28) (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunications Service licences; (Amended 36 of 2000 s. 28) (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; (Amended 25 of 2003 s. 14) (vii) carrier licences; and (Added 25 of 2003 s. 14) (m) the bodies named in Part 1 of Schedule 1D. (Amended 25 of 2003 s. 14) (2) In subsection (1)(ja), "eligible persons" (合資格的人), in relation to a body, means the persons specified in Part 2 of Schedule 1D in respect of that body. (Added 25 of 2003 s. 14) (Added 48 of 1999 s. 13) "eligible persons" (合資格的人) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:13/05/2006 (1) The information technology functional constituency is composed of- (Amended 25 of 2003 s. 14) (a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Fellows and Corporate Members of The Institution of Electrical Engineers Hong Kong entitled to vote at general meetings of the Institution; and (Amended 25 of 2003 s. 14) (g) Fellows, Members and Associate Members of The British Computer Society (Hong Kong Section) Limited entitled to vote at general meetings of the Society; and (Amended 10 of 2006 s. 41) (h) Fellows, Senior Professional Members and Professional Members of The Hong Kong Association for Computer Education entitled to vote at general meetings of the Association; and (Amended 25 of 2003 s. 14) (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Limited entitled to vote at general meetings of the Society; and (Amended 25 of 2003 s. 14) (ia) Full Members of the Information and Software Industry Association Limited entitled to vote at general meetings of the Association; and (Added 25 of 2003 s. 14) (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (ja) the eligible persons of the following bodies- (i) Hong Kong & Mainland Software Industry Cooperation Association Limited; (ii) Information Systems Audit and Control Association (Hong Kong Chapter) Limited; (iii) Internet Professional Association Limited; (Amended 10 of 2006 s. 41) (iv) Professional Information Security Association; and (Added 25 of 2003 s. 14) (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Limited; (Amended 25 of 2003 s. 14) (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Internet & Telecom Association of Hong Kong Limited; (Replaced 25 of 2003 s. 14) (v) Hong Kong Wireless Technology Industry Association Limited; (Added 25 of 2003 s. 14) (vi) The Society of Hong Kong External Telecommunications Services Providers Limited; and (Added 25 of 2003 s. 14) (l) bodies that are holders of one or more of the following classes of licences granted by the Telecommunications Authority under the Telecommunications Ordinance (Cap 106)- (Amended 36 of 2000 s. 28; 25 of 2003 s. 14) (i) Fixed Telecommunications Network Services licences; (Amended 36 of 2000 s. 28) (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunications Service licences; (Amended 36 of 2000 s. 28) (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; (Amended 25 of 2003 s. 14) (vii) carrier licences; and (Added 25 of 2003 s. 14) (m) the bodies named in Part 1 of Schedule 1D. (Amended 25 of 2003 s. 14) (2) In subsection (1)(ja), "eligible persons" (合資格的人), in relation to a body, means the persons specified in Part 2 of Schedule 1D in respect of that body. (Added 25 of 2003 s. 14) (Added 48 of 1999 s. 13) "eligible persons" (合資格的人) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:01/08/2003 (1) The information technology functional constituency is composed of- (Amended 25 of 2003 s. 14) (a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Fellows and Corporate Members of The Institution of Electrical Engineers Hong Kong entitled to vote at general meetings of the Institution; and (Amended 25 of 2003 s. 14) (g) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society; and (h) Fellows, Senior Professional Members and Professional Members of The Hong Kong Association for Computer Education entitled to vote at general meetings of the Association; and (Amended 25 of 2003 s. 14) (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Limited entitled to vote at general meetings of the Society; and (Amended 25 of 2003 s. 14) (ia) Full Members of the Information and Software Industry Association Limited entitled to vote at general meetings of the Association; and (Added 25 of 2003 s. 14) (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (ja) the eligible persons of the following bodies- (i) Hong Kong & Mainland Software Industry Cooperation Association Limited; (ii) Information Systems Audit and Control Association (Hong Kong Chapter) Limited; (iii) Internet Professionals Association Limited; (iv) Professional Information Security Association; and (Added 25 of 2003 s. 14) (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Limited; (Amended 25 of 2003 s. 14) (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Internet & Telecom Association of Hong Kong Limited; (Replaced 25 of 2003 s. 14) (v) Hong Kong Wireless Technology Industry Association Limited; (Added 25 of 2003 s. 14) (vi) The Society of Hong Kong External Telecommunications Services Providers Limited; and (Added 25 of 2003 s. 14) (l) bodies that are holders of one or more of the following classes of licences granted by the Telecommunications Authority under the Telecommunications Ordinance (Cap 106)- (Amended 36 of 2000 s. 28; 25 of 2003 s. 14) (i) Fixed Telecommunications Network Services licences; (Amended 36 of 2000 s. 28) (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunications Service licences; (Amended 36 of 2000 s. 28) (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; (Amended 25 of 2003 s. 14) (vii) carrier licences; and (Added 25 of 2003 s. 14) (m) the bodies named in Part 1 of Schedule 1D. (Amended 25 of 2003 s. 14) (2) In subsection (1)(ja), "eligible persons" (合資格的人), in relation to a body, means the persons specified in Part 2 of Schedule 1D in respect of that body. (Added 25 of 2003 s. 14) (Added 48 of 1999 s. 13) "eligible persons" (合資格的人) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:01/07/2000 The information technology functional constituency is composed of- (a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution; and (g) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society; and (h) Fellows, Senior Professional Members and Professional Members of the Hong Kong Association for Computer Education Ltd. entitled to vote at general meetings of the Association; and (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society; and (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Ltd.; (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Telecom Association of Hong Kong; and (l) bodies that are holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunications Ordinance (Cap 106)- (Amended 36 of 2000 s. 28) (i) Fixed Telecommunications Network Services licences; (Amended 36 of 2000 s. 28) (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunications Service licences; (Amended 36 of 2000 s. 28) (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; and (m) the bodies named in Schedule 1D. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:16/06/2000 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The information technology functional constituency is composed of- (a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution; and (g) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society; and (h) Fellows, Senior Professional Members and Professional Members of the Hong Kong Association for Computer Education Ltd. entitled to vote at general meetings of the Association; and (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society; and (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Ltd.; (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Telecom Association of Hong Kong; and (l) bodies that are holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunications Ordinance (Cap 106)- (Amended 36 of 2000 s. 28) (i) Fixed Telecommunications Network Services licences; (Amended 36 of 2000 s. 28) (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunications Service licences; (Amended 36 of 2000 s. 28) (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; and (m) the bodies named in Schedule 1D. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20Z Composition of the information technology functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The information technology functional constituency is composed of- (a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and (b) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division; and (c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and (d) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute; and (e) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute; and (f) Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution; and (g) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society; and (h) Fellows, Senior Professional Members and Professional Members of the Hong Kong Association for Computer Education Ltd. entitled to vote at general meetings of the Association; and (i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society; and (j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and (k) corporate members of each of the following bodies entitled to vote at general meetings of the body- (i) Hong Kong Information Technology Federation Ltd.; (ii) Hong Kong Internet Service Providers Association; (iii) Hong Kong Radio Paging Association Ltd.; (iv) Telecom Association of Hong Kong; and (l) bodies that are holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunication Ordinance (Cap 106)- (i) Fixed Telecommunication Network Services licences; (ii) Public Non-exclusive Telecommunications Service licences; (iii) Public Radiocommunication Service licences; (iv) Satellite Master Antenna Television licences; (v) Broadcast Relay Station licences; (vi) Broadcast Radio Relay Station licences; and (m) the bodies named in Schedule 1D. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20ZA Composition of the catering functional constituency VerDate:01/07/2000 The catering functional constituency is composed of- (a) holders of food business licences under the Public Health and Municipal Services Ordinance (Cap 132); and (b) the bodies named in Schedule 1E. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20ZA Composition of the catering functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The catering functional constituency is composed of- (a) holders of food business licences under the Public Health and Municipal Services Ordinance (Cap 132); and (b) the bodies named in Schedule 1E. (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20ZB Composition of the District Council functional constituency VerDate:01/07/2000 The District Council functional constituency is composed of members of the District Councils established under the District Councils Ordinance (Cap 547). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 20ZB Composition of the District Council functional constituency VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. The District Council functional constituency is composed of members of the District Councils established under the District Councils Ordinance (Cap 547). (Added 48 of 1999 s. 13) LEGISLATIVE COUNCIL ORDINANCE - SECT 21 Number of Members to be returned for functional constituency VerDate:03/10/1997 The number of Members to be returned for a functional constituency is- (a) 1 Member for each constituency other than the labour functional constituency; and (b) 3 Members for the labour functional constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 22 (Repealed 25 of 2003 s. 15) VerDate:01/10/2004 PART IV (Repealed 25 of 2003 s. 15) LEGISLATIVE COUNCIL ORDINANCE - SECT 22 Establishment of Election Committee VerDate:21/09/2001 PART IV CONSTITUTION OF ELECTION COMMITTEE (1) For the second term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance. (Amended 48 of 1999 s. 14) (2) (Repealed 21 of 2001 s. 63) LEGISLATIVE COUNCIL ORDINANCE - SECT 22 Establishment of Election Committee VerDate:01/07/2000 PART IV CONSTITUTION OF ELECTION COMMITTEE (1) For the second term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance. (Amended 48 of 1999 s. 14) (2) The Election Committee is constituted as provided by Schedule 2. LEGISLATIVE COUNCIL ORDINANCE - SECT 22 Establishment of Election Committee VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. PART IV CONSTITUTION OF ELECTION COMMITTEE (1) For the second term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance. (Amended 48 of 1999 s. 14) (2) The Election Committee is constituted as provided by Schedule 2. LEGISLATIVE COUNCIL ORDINANCE - SECT 22 Establishment of Election Committee VerDate:03/10/1997 PART IV CONSTITUTION OF ELECTION COMMITTEE (1) For the first term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance. (2) The Election Committee is constituted as provided by Schedule 2. LEGISLATIVE COUNCIL ORDINANCE - SECT 23 (Repealed 25 of 2003 s. 15) VerDate:01/10/2004 LEGISLATIVE COUNCIL ORDINANCE - SECT 23 Number of Members to be returned by Election Committee VerDate:01/07/2000 For the second term of office of the Legislative Council, 6 Members are to be returned by the Election Committee. (Amended 48 of 1999 s. 15) LEGISLATIVE COUNCIL ORDINANCE - SECT 23 Number of Members to be returned by Election Committee VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. For the second term of office of the Legislative Council, 6 Members are to be returned by the Election Committee. (Amended 48 of 1999 s. 15) LEGISLATIVE COUNCIL ORDINANCE - SECT 23 Number of Members to be returned by Election Committee VerDate:03/10/1997 Ten Members are to be returned by the Election Committee at the first general election after the enactment of this Ordinance. LEGISLATIVE COUNCIL ORDINANCE - SECT 24 Who is eligible to be registered as an elector: geographical constituencies VerDate:03/07/2009 PART V REGISTRATION OF ELECTORS (1) Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person- (a) is already registered as an elector in the then existing final register of geographical constituencies; or (b) applies in accordance with this Part to be registered as such an elector and is entitled to be so registered. (2) A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person- (a) has since ceased to ordinarily reside in Hong Kong; or (b) no longer resides at the residential address recorded against the person's name in that existing register and that Officer does not know the person's new principal residential address (if any) in Hong Kong. (3) Subsection (2)(b) does not apply to a person who- (a) is serving a sentence of imprisonment; and (b) does not have a home in Hong Kong outside the prison. (Added 7 of 2009 s. 5) LEGISLATIVE COUNCIL ORDINANCE - SECT 24 Who is eligible to be registered as an elector: geographical constituencies VerDate:03/10/1997 PART V REGISTRATION OF ELECTORS (1) Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person- (a) is already registered as an elector in the then existing final register of geographical constituencies; or (b) applies in accordance with this Part to be registered as such an elector and is entitled to be so registered. (2) A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person- (a) has since ceased to ordinarily reside in Hong Kong; or (b) no longer resides at the residential address recorded against the person's name in that existing register and that Officer does not know the person's new principal residential address (if any) in Hong Kong. LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:13/05/2006 (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20U(1)(a), 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (c), 20X(d) or (e), 20Z(1)(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 5 of 2002 s. 407; 25 of 2003 s. 16; 10 of 2006 s. 29) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U(1)(c), 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(1)(ia), (ja)(i) or (k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 25 of 2003 s. 16) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(1)(a) to (j) or (ja)(ii), (iii) or (iv)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (Amended 25 of 2003 s. 16) (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:01/08/2003 (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20U(1)(a), 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(1)(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 5 of 2002 s. 407; 25 of 2003 s. 16) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U(1)(c), 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(1)(ia), (ja)(i) or (k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 25 of 2003 s. 16) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(1)(a) to (j) or (ja)(ii), (iii) or (iv)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (Amended 25 of 2003 s. 16) (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:01/04/2003 (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20U(1)(a), 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 5 of 2002 s. 407) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U(1)(c), 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 12 of 2000 s. 23; 15 of 2000 s. 3) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:01/07/2000 (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20U(1)(a) and (b), 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U(1)(c), 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 12 of 2000 s. 23; 15 of 2000 s. 3) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:06/03/2000 1. The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. 2. The amendments made by Ord. No. 15 of 2000 shall come into operation on- (a) 4 March 2000 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all the Members of that Council; (b) 1 July 2000 in so far as it has not already come into operation. (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20U(1)(a) and (b), 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U(1)(c), 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 12 of 2000 s. 23; 15 of 2000 s. 3) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:04/03/2000 1. The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. 2. The amendments made by Ord. No. 15 of 2000 shall come into operation on- (a) 4 March 2000 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all the Members of that Council; (b) 1 July 2000 in so far as it has not already come into operation. (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20T, 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (Amended 15 of 2000 s. 3) (5) A body that is a corporate member of a body specified in section 20B(a), 20N to 20S, 20U, 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (Amended 15 of 2000 s. 3) (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified- (i) for the Heung Yee Kuk functional constituency, in section 20A; or (ii) for the agriculture and fisheries functional constituency, in section 20B; or (iii) for the insurance functional constituency, in section 20C; or (iv) for the transport functional constituency, in section 20D; or (v) for the education functional constituency, in section 20E; or (vi) for the legal functional constituency, in section 20F; or (vii) for the accountancy functional constituency, in section 20G; or (viii) for the medical functional constituency, in section 20H; or (ix) for the health services functional constituency, in section 20I; or (x) for the engineering functional constituency, in section 20J; or (xi) for the architectural, surveying and planning functional constituency, in section 20K; or (xii) for the labour functional constituency, in section 20L; or (xiii) for the social welfare functional constituency, in section 20M; or (xiv) for the real estate and construction functional constituency, in section 20N; or (xv) for the tourism functional constituency, in section 20O; or (xvi) for the commercial (first) functional constituency, in section 20P; or (xvii) for the commercial (second) functional constituency in section 20Q; or (xviii) for the industrial (first) functional constituency, in section 20R; or (xix) for the industrial (second) functional constituency, in section 20S; or (xx) for the finance functional constituency, in section 20T; or (xxi) for the financial services functional constituency, in section 20U; or (xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or (xxiii) for the import and export functional constituency, in section 20W; or (xxiv) for the textiles and garment functional constituency, in section 20X; or (xxv) for the wholesale and retail functional constituency, in section 20Y; or (xxvi) for the information technology functional constituency, in section 20Z; or (xxvii) for the catering functional constituency, in section 20ZA; or (xxviii) for the District Council functional constituency, in section 20ZB; and (Replaced 48 of 1999 s. 16) (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a)-(b) (Repealed 48 of 1999 s. 16) (c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraph (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in section 20C, 20L, 20M(1)(c) or (d), 20T, 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(d) or (e), 20Z(l) or 20ZA(a) is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (5) A body that is a corporate member of a body specified in section 20B(a), 20M(1)(b), 20N to 20S, 20U, 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20N, 20O, 20P, 20Q, 20R, 20S *> (6) A natural person who is a member of a body specified in sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j)) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. <* Note - Exp. X-Ref.: Sections 20B, 20C, 20D, 20E, 20F, 20G, 20H, 20I, 20J, 20K, 20L, 20M, 20N, 20O, 20P, 20Q, 20R, 20S, 20T, 20U, 20V, 20W, 20X, 20Y, 20Z *> (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. (Amended 48 of 1999 s. 16) LEGISLATIVE COUNCIL ORDINANCE - SECT 25 Who is eligible to be registered as an elector: functional constituencies VerDate:03/10/1997 (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person- (a) is a person specified opposite that constituency in column 2 of Schedule 1; and (b) if a natural person, is either- (i) registered as an elector under this Part for a geographical constituency; or (ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered. (2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice. (3) Despite subsection (2)- (a) a person eligible to be registered as an elector for the Urban Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Urban Council functional constituency and not for that other functional constituency; and (b) a person eligible to be registered as an elector for the Regional Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Regional Council functional constituency and not for that other functional constituency; and (c) subject to paragraphs (a) and (b), a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and (d) subject to paragraphs (a), (b) and (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency. (4) A body specified in item 5, 14, 15(3) or (4), 22, 24(2), (4), (5), (69) or (70), 25(2) to (5), 26(5) to (6) or 28(12) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector. (5) A body that is a corporate member of a body specified in item 4(1), (2), (44) to (49), 15(1), 16 to 21, 23, 24(1) or (6) to (8), 25(1), 26(1) or (2), 27 or 28(11) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector. (6) A natural person who is a member of a body specified in Part 2 or 3 of Schedule 1 (other than a body specified in item 7(2), 8(1) or (2), 11(2) or (8), 12(2), 13(2), (3), (5) or (7) or 28(1) to (10) of that Schedule) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector. (7) It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 26 Corporate elector to have authorized representative VerDate:03/10/1997 (1) A corporate elector is required to select one eligible person to be its authorized representative for the purposes of casting its vote at an election. (2) A person is eligible to be an authorized representative of a corporate elector for a functional constituency only if the person- (a) is registered, or is eligible to be and has applied to be registered, as an elector for a geographical constituency; and (b) has a substantial connection with the corporate elector; and (c) is not registered, and has not applied to be registered, as an elector for the constituency; and (d) is not disqualified from being registered or voting under section 31 or 53. (3) A person who is an authorized representative of a corporate elector is not eligible to be selected as the authorized representative of another corporate elector. (4) A person cannot act as an authorized representative of a corporate elector unless the person is registered as such a representative by the Electoral Registration Officer. (5) A corporate elector may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). The replacement does not have effect until it is registered by the Electoral Registration Officer. (6) An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) by the corporate elector concerned. The application must be in writing and be in the specified form. (7) The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be, or disqualified from being, such a representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 27 Elector to be permanent resident of Hong Kong VerDate:03/10/1997 A natural person is not eligible to be registered as an elector for a constituency unless the person is a permanent resident of Hong Kong. LEGISLATIVE COUNCIL ORDINANCE - SECT 28 Elector to reside in Hong Kong VerDate:03/07/2009 (1) A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer- (a) that the person ordinarily resides in Hong Kong; and (b) that the residential address notified in the person's application for registration is the person's only or principal residence in Hong Kong. (1A) If- (a) a person serving a sentence of imprisonment applies for registration as an elector in the register of geographical constituencies; and (b) at the time of the application, the person does not have a home in Hong Kong outside the prison, the prescribed address, as defined in subsection (1B), is deemed to be the person’s only or principal residence in Hong Kong for the purposes of subsection (1). (Added 7 of 2009 s. 6) (1B) In subsection (1A), “prescribed address” (訂明地址) means- (a) the last dwelling-place in Hong Kong at which the person resided and which constituted the person's sole or main home; or (b) if no address is established to the satisfaction of the Electoral Registration Officer to be the last dwelling-place in Hong Kong at which the person resided and which constituted the person's sole or main home, the residential address of the person furnished under regulation 4(1)(b) or 18(1) of the Registration of Persons Regulations (Cap 177 sub. leg. A) and last recorded under those Regulations. (Added 7 of 2009 s. 6) (2) The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds- (a) that the elector no longer ordinarily resides in Hong Kong; or (b) that the residential address last notified to that Officer is no longer the elector's only or principal residence in Hong Kong. (2A) If- (a) an elector is serving a sentence of imprisonment; and (b) the elector no longer has a home in Hong Kong outside the prison, the residential address of the elector last notified to the Electoral Registration Officer is deemed to continue to be the elector's only or principal residence in Hong Kong for the purposes of subsection (2). (Added 7 of 2009 s. 6) (3) In this section, a reference to a person's only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person's sole or main home. “prescribed address” (訂明地址) LEGISLATIVE COUNCIL ORDINANCE - SECT 28 Elector to reside in Hong Kong VerDate:03/10/1997 (1) A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer- (a) that the person ordinarily resides in Hong Kong; and (b) that the residential address notified in the person's application for registration is the person's only or principal residence in Hong Kong. (2) The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds- (a) that the elector no longer ordinarily resides in Hong Kong; or (b) that the residential address last notified to that Officer is no longer the elector's only or principal residence in Hong Kong. (3) In this section, a reference to a person's only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person's sole or main home. LEGISLATIVE COUNCIL ORDINANCE - SECT 29 Elector to be 18 years of age VerDate:27/12/2002 A natural person is not eligible to be registered as an elector unless- (a) the person has reached 18 years of age; or (b) the person's eighteenth birthday falls- (i) in any year other than a year in which a District Council ordinary election is to be held, on or before 25 July next following the person's application for registration; or (ii) in a year in which a District Council ordinary election is to be held, on or before 25 September next following the person's application for registration. (Replaced 33 of 2002 s. 3) LEGISLATIVE COUNCIL ORDINANCE - SECT 29 Elector to be 18 years of age VerDate:30/07/1999 A natural person is not eligible to be registered as an elector unless- (a) the person has reached 18 years of age; or (b) the person's eighteenth birthday falls on or before 25 May next following the person's application for registration. (Amended 48 of 1999 s. 17) LEGISLATIVE COUNCIL ORDINANCE - SECT 29 Elector to be 18 years of age VerDate:03/10/1997 A natural person is not eligible to be registered as an elector unless- (a) the person has reached 18 years of age; or (b) the person's eighteenth birthday falls on or before 31 March next following the person's application for registration. LEGISLATIVE COUNCIL ORDINANCE - SECT 30 Applicant for registration as elector to be in possession of identity document VerDate:03/10/1997 (1) A natural person is not eligible to be registered as an elector unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person- (a) holds an identity document; or (b) has- (i) applied for a new identity document; or (ii) requested the alteration of the identity document or the issue of a new identity document, in replacement of the identity document previously issued to the person, and informs that Officer of the document's identifying number (if any). (2) This section has effect even though a person would otherwise be eligible to be registered as an elector. LEGISLATIVE COUNCIL ORDINANCE - SECT 31 When person is disqualified from being registered as an elector VerDate:03/07/2009 (1) A natural person is disqualified from being registered as an elector for a constituency if the person- (a)-(c) (Repealed 7 of 2009 s. 7) (d) is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Replaced 25 of 2003 s. 17) (e) is a member of the armed forces of the Central People's Government or any other country or territory. (2) This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. LEGISLATIVE COUNCIL ORDINANCE - SECT 31 When person is disqualified from being registered as an elector VerDate:11/07/2003 (1) A natural person is disqualified from being registered as an elector for a constituency if the person- (a) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or (ii) received a free pardon; or (b) on the date of application for registration, is serving a sentence of imprisonment; or (c) without limiting paragraph (a), where the election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted- (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (iii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (Replaced 10 of 2000 s. 47) (d) is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Replaced 25 of 2003 s. 17) (e) is a member of the armed forces of the Central People's Government or any other country or territory. (2) This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. LEGISLATIVE COUNCIL ORDINANCE - SECT 31 When person is disqualified from being registered as an elector VerDate:03/03/2000 (1) A natural person is disqualified from being registered as an elector for a constituency if the person- (a) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or (ii) received a free pardon; or (b) on the date of application for registration, is serving a sentence of imprisonment; or (c) without limiting paragraph (a), where the election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted- (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (iii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (Replaced 10 of 2000 s. 47) (d) is, in accordance with the Mental Health Ordinance (Cap 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or (e) is a member of the armed forces of the Central People's Government or any other country or territory. (2) This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. LEGISLATIVE COUNCIL ORDINANCE - SECT 31 When person is disqualified from being registered as an elector VerDate:03/10/1997 (1) A natural person is disqualified from being registered as an elector for a constituency if the person- (a) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or (ii) received a free pardon; or (b) on the date of application for registration, is serving a sentence of imprisonment; or (c) without limiting paragraph (a), where the election is to be held or is held within 3 years from the date of the person's conviction, is or has been convicted- (i) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap 288)); or (ii) of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or (iii) of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (d) is, in accordance with the Mental Health Ordinance (Cap 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or (e) is a member of the armed forces of the Central People's Government or any other country or territory. (2) This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:11/07/2003 (1) The Electoral Registration Officer must- (a) not later than 15 June in each year other than a year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18; 33 of 2002 s. 4) (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 July in each year other than a year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18; 33 of 2002 s. 4) (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (1A) The Electoral Registration Officer must- (a) not later than 15 August in each year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 September in each year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (Added 33 of 2002 s. 4) (2) (Repealed 21 of 2001 s. 64) (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons whose applications for registration have been received by the Electoral Registration Officer not later than the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (Amended 25 of 2003 s. 18) (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:27/12/2002 (1) The Electoral Registration Officer must- (a) not later than 15 June in each year other than a year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18; 33 of 2002 s. 4) (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 July in each year other than a year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18; 33 of 2002 s. 4) (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (1A) The Electoral Registration Officer must- (a) not later than 15 August in each year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 September in each year in which a District Council ordinary election is to be held, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (Added 33 of 2002 s. 4) (2) (Repealed 21 of 2001 s. 64) (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:21/09/2001 (1) The Electoral Registration Officer must- (a) not later than 15 April in each year, compile- (Amended 48 of 1999 s. 18) (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 May in each year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18) (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (2) (Repealed 21 of 2001 s. 64) (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:01/07/2000 (1) The Electoral Registration Officer must- (a) not later than 15 April in each year, compile- (Amended 48 of 1999 s. 18) (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 May in each year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18) (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (2) The Electoral Registration Officer must, within 7 days after the results of the Election Committee subsector elections are published in accordance with Schedule 2, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) a final register of members of the Election Committee. The Electoral Registration Officer may, from time to time, amend the register in accordance with Schedule 2 and those regulations to give effect to any change in the ex-officio membership of the Election Committee. (Amended 48 of 1999 s. 18) (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:30/07/1999 The amendments made to subsection (2) by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) The Electoral Registration Officer must- (a) not later than 15 April in each year, compile- (Amended 48 of 1999 s. 18) (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 25 May in each year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (Amended 48 of 1999 s. 18) (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (2) The Electoral Registration Officer must, within 7 days after the results of the Election Committee subsector elections are published in accordance with Schedule 2, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) a final register of members of the Election Committee. The Electoral Registration Officer may, from time to time, amend the register in accordance with Schedule 2 and those regulations to give effect to any change in the ex-officio membership of the Election Committee. (Amended 48 of 1999 s. 18) (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 32 Electoral Registration Officer to compile and publish electoral registers VerDate:03/10/1997 (1) The Electoral Registration Officer must- (a) not later than 15 February 1998 and not later than 15 February in each subsequent year, compile- (i) a provisional register of geographical constituencies; and (ii) a provisional register of functional constituencies; and (b) not later than 15 March 1998 and not later than 31 March in each subsequent year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (i) a final register of geographical constituencies; and (ii) a final register of functional constituencies. (2) The Electoral Registration Officer must, within 7 days after the results of the Election Committee subsector elections are published in accordance with Schedule 2, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) a final register of members of the Election Committee. (3) The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register. (4) In compiling a provisional register, the Electoral Registration Officer must- (a) strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and (b) enter the names and other relevant particulars of those persons on an omissions list; and (c) add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) and who are eligible to have their names included in the register. (5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish- (a) in the Gazette; and (b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected. (6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) keep the omissions list at that Officer's office; and (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. LEGISLATIVE COUNCIL ORDINANCE - SECT 33 When final register is to take effect VerDate:21/09/2001 (1) A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19; 21 of 2001 s. 65) (2) (Repealed 21 of 2001 s. 65) LEGISLATIVE COUNCIL ORDINANCE - SECT 33 When final register is to take effect VerDate:01/07/2000 (1) A final register (other than a final register of members of the Election Committee) takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19) (2) A final register of members of the Election Committee is to have effect as amended from time to time in accordance with Schedule 2 and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) after its publication. (Added 48 of 1999 s. 19) LEGISLATIVE COUNCIL ORDINANCE - SECT 33 When final register is to take effect VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) A final register (other than a final register of members of the Election Committee) takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19) (2) A final register of members of the Election Committee is to have effect as amended from time to time in accordance with Schedule 2 and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) after its publication. (Added 48 of 1999 s. 19) LEGISLATIVE COUNCIL ORDINANCE - SECT 33 When final register is to take effect VerDate:03/10/1997 A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register. LEGISLATIVE COUNCIL ORDINANCE - SECT 34 Right of appeal to Revising Officer against decisions of Electoral Registration Officer VerDate:03/10/1997 (1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer. (2) The determination of a Revising Officer on such an appeal is final. (3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing of the appeal. (4) At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person. LEGISLATIVE COUNCIL ORDINANCE - SECT 35 Vacancy in membership of Legislative Council to be declared VerDate:01/07/2000 PART VI CONDUCT OF ELECTIONS (1) The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy. (2) (Repealed 48 of 1999 s. 20) LEGISLATIVE COUNCIL ORDINANCE - SECT 35 Vacancy in membership of Legislative Council to be declared VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. PART VI CONDUCT OF ELECTIONS (1) The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy. (2) (Repealed 48 of 1999 s. 20) LEGISLATIVE COUNCIL ORDINANCE - SECT 35 Vacancy in membership of Legislative Council to be declared VerDate:03/10/1997 PART VI CONDUCT OF ELECTIONS (1) The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy. (2) Without limiting subsection (1), the Clerk to the Legislative Council must declare the existence of a vacancy under that subsection after becoming aware that, after the close of polling for an election, a candidate returned at the election has died before that candidate is declared to be elected as a Member at the election. LEGISLATIVE COUNCIL ORDINANCE - SECT 36 By-election to be held to fill vacancy in membership of Legislative Council VerDate:01/10/2004 (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), arrange for a by-election to be held in the following circumstances and not otherwise- (a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35; (b) on the making of a declaration under section 42C that the proceedings for the election for a functional constituency have been terminated; (c) on the making of a declaration under section 46(2) that an election for a constituency has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency; (Amended 25 of 2003 s. 19) (ca) on the making of a declaration under section 46A(1) that the proceedings for the election for a constituency have been terminated; (Added 48 of 1999 s. 21. Amended 25 of 2003 s. 19) (cb) on the making of a declaration under section 46A(3) that an election for a constituency has failed- (Amended 25 of 2003 s. 19) (i) because of the death or disqualification of the successful candidate at the election; or (ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21. Amended 25 of 2003 s. 19) (d) on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead. (Amended 48 of 1999 s. 21) (2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held- (a) within the 4 months preceding the end of that Council's current term of office; or (b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. LEGISLATIVE COUNCIL ORDINANCE - SECT 36 By-election to be held to fill vacancy in membership of Legislative Council VerDate:11/07/2003 The following amendments, made by s. 19 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 36(1)(c) is amended- (a) by repealing "or by the Election Committee"; (b) by repealing "or by that Committee". (2) Section 36(1)(ca) is amended by repealing "or by the Election Committee". (3) Section 36(1)(cb) is amended by repealing "or by the Election Committee" where it twice appears.". (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), arrange for a by-election to be held in the following circumstances and not otherwise- (a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35; (b) on the making of a declaration under section 42C that the proceedings for the election for a functional constituency have been terminated; (c) on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee; (ca) on the making of a declaration under section 46A(1) that the proceedings for the election for a constituency or by the Election Committee have been terminated; (Added 48 of 1999 s. 21) (cb) on the making of a declaration under section 46A(3) that an election for a constituency or by the Election Committee has failed- (i) because of the death or disqualification of the successful candidate at the election; or (ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency or by the Election Committee due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21) (d) on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead. (Amended 48 of 1999 s. 21) (2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held- (a) within the 4 months preceding the end of that Council's current term of office; or (b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. LEGISLATIVE COUNCIL ORDINANCE - SECT 36 By-election to be held to fill vacancy in membership of Legislative Council VerDate:01/07/2000 (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), arrange for a by-election to be held in the following circumstances and not otherwise- (a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35; (b) on the making of a declaration under section 42C that the proceedings for the election for a functional constituency have been terminated; (c) on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee; (ca) on the making of a declaration under section 46A(1) that the proceedings for the election for a constituency or by the Election Committee have been terminated; (Added 48 of 1999 s. 21) (cb) on the making of a declaration under section 46A(3) that an election for a constituency or by the Election Committee has failed- (i) because of the death or disqualification of the successful candidate at the election; or (ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency or by the Election Committee due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21) (d) on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead. (Amended 48 of 1999 s. 21) (2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held- (a) within the 4 months preceding the end of that Council's current term of office; or (b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. LEGISLATIVE COUNCIL ORDINANCE - SECT 36 By-election to be held to fill vacancy in membership of Legislative Council VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), arrange for a by-election to be held in the following circumstances and not otherwise- (a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35; (b) on the making of a declaration under section 42C that the proceedings for the election for a functional constituency have been terminated; (c) on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee; (ca) on the making of a declaration under section 46A(1) that the proceedings for the election for a constituency or by the Election Committee have been terminated; (Added 48 of 1999 s. 21) (cb) on the making of a declaration under section 46A(3) that an election for a constituency or by the Election Committee has failed- (i) because of the death or disqualification of the successful candidate at the election; or (ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency or by the Election Committee due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21) (d) on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead. (Amended 48 of 1999 s. 21) (2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held- (a) within the 4 months preceding the end of that Council's current term of office; or (b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. LEGISLATIVE COUNCIL ORDINANCE - SECT 36 By-election to be held to fill vacancy in membership of Legislative Council VerDate:03/10/1997 (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), arrange for a by-election to be held in the following circumstances and not otherwise- (a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35; (b) on the making of a declaration under section 45 that the proceedings for the election for a constituency or by the Election Committee have been terminated; (c) on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee; (d) on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected without determining that some other person was duly elected instead. (2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held- (a) within the 4 months preceding the end of that Council's current term of office; or (b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. LEGISLATIVE COUNCIL ORDINANCE - SECT 37 Who is eligible to be nominated as a candidate VerDate:01/10/2004 (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency only if the person- (Amended 25 of 2003 s. 20) (a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for a geographical constituency; and (c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (2) A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person- (a) has reached 21 years of age; and (b) either- (i) is both registered and eligible to be registered as an elector for the constituency; or (ii) satisfies the Returning Officer for the constituency that the person has a substantial connection with the constituency; and (Replaced 48 of 1999 s. 22) (c) is both registered and eligible to be registered as an elector for a geographical constituency; and (d) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (f) except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (3) The following 12 functional constituencies are specified for the purposes of subsection (2)- (a) the legal functional constituency; (b) the accountancy functional constituency; (c) the engineering functional constituency; (d) the architectural, surveying and planning functional constituency; (e) the real estate and construction functional constituency; (f) the tourism functional constituency; (g) the commercial (first) functional constituency; (h) the industrial (first) functional constituency; (i) the finance functional constituency; (j) the financial services functional constituency; (k) the import and export functional constituency; (l) the insurance functional constituency. (4) A Member is not eligible to be nominated as a candidate at a by-election. LEGISLATIVE COUNCIL ORDINANCE - SECT 37 Who is eligible to be nominated as a candidate VerDate:11/07/2003 The following amendment, made by s. 20 of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "Section 37(1) is amended by repealing ", or for election by the Election Committee,".". (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency, or for election by the Election Committee, only if the person- (a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for a geographical constituency; and (c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (2) A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person- (a) has reached 21 years of age; and (b) either- (i) is both registered and eligible to be registered as an elector for the constituency; or (ii) satisfies the Returning Officer for the constituency that the person has a substantial connection with the constituency; and (Replaced 48 of 1999 s. 22) (c) is both registered and eligible to be registered as an elector for a geographical constituency; and (d) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (f) except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (3) The following 12 functional constituencies are specified for the purposes of subsection (2)- (a) the legal functional constituency; (b) the accountancy functional constituency; (c) the engineering functional constituency; (d) the architectural, surveying and planning functional constituency; (e) the real estate and construction functional constituency; (f) the tourism functional constituency; (g) the commercial (first) functional constituency; (h) the industrial (first) functional constituency; (i) the finance functional constituency; (j) the financial services functional constituency; (k) the import and export functional constituency; (l) the insurance functional constituency. (4) A Member is not eligible to be nominated as a candidate at a by-election. LEGISLATIVE COUNCIL ORDINANCE - SECT 37 Who is eligible to be nominated as a candidate VerDate:30/07/1999 (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency, or for election by the Election Committee, only if the person- (a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for a geographical constituency; and (c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (2) A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person- (a) has reached 21 years of age; and (b) either- (i) is both registered and eligible to be registered as an elector for the constituency; or (ii) satisfies the Returning Officer for the constituency that the person has a substantial connection with the constituency; and (Replaced 48 of 1999 s. 22) (c) is both registered and eligible to be registered as an elector for a geographical constituency; and (d) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (f) except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (3) The following 12 functional constituencies are specified for the purposes of subsection (2)- (a) the legal functional constituency; (b) the accountancy functional constituency; (c) the engineering functional constituency; (d) the architectural, surveying and planning functional constituency; (e) the real estate and construction functional constituency; (f) the tourism functional constituency; (g) the commercial (first) functional constituency; (h) the industrial (first) functional constituency; (i) the finance functional constituency; (j) the financial services functional constituency; (k) the import and export functional constituency; (l) the insurance functional constituency. (4) A Member is not eligible to be nominated as a candidate at a by-election. LEGISLATIVE COUNCIL ORDINANCE - SECT 37 Who is eligible to be nominated as a candidate VerDate:03/10/1997 (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency, or for election by the Election Committee, only if the person- (a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for a geographical constituency; and (c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (2) A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person- (a) has reached 21 years of age; and (b) is both registered and eligible to be registered as an elector for such a constituency or satisfies the Electoral Registration Officer that the person has a substantial connection with the constituency; and (c) is both registered and eligible to be registered as an elector for a geographical constituency; and (d) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and (f) except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China. (3) The following 12 functional constituencies are specified for the purposes of subsection (2)- (a) the legal functional constituency; (b) the accountancy functional constituency; (c) the engineering functional constituency; (d) the architectural, surveying and planning functional constituency; (e) the real estate and construction functional constituency; (f) the tourism functional constituency; (g) the commercial (first) functional constituency; (h) the industrial (first) functional constituency; (i) the finance functional constituency; (j) the financial services functional constituency; (k) the import and export functional constituency; (l) the insurance functional constituency. (4) A Member is not eligible to be nominated as a candidate at a by-election. LEGISLATIVE COUNCIL ORDINANCE - SECT 38 Nomination lists for geographical constituencies VerDate:11/07/2003 (1) In this section- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate. (2) The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either- (a) the names of 2 or more persons contesting the election for that geographical constituency as a group; or (b) the name of a person contesting that election as a single candidate. (3) A nomination list must- (a) be submitted- (i) on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (ii) by a nominee on the nomination list concerned; (iii) within the nomination period; and (iv) in the manner prescribed by those regulations; and (b) be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and (c) contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (4) If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted. (4A) After a nomination list has been submitted to a Returning Officer- (a) the order in which names of nominees appear in the list cannot be altered; (b) the names of other persons cannot be added to the list; and (c) the names of persons already on the list cannot be deleted. (Amended 48 of 1999 s. 23) (5) The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated. (6) If- (a) the Returning Officer determines that a nominee is not validly nominated; or (b) a nominee's nomination is withdrawn; or (c) a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (6A) If, after the Returning Officer has determined that a nominee is validly nominated, but before the close of nominations, proof is given to the satisfaction of the Returning Officer that the nominee has died or is disqualified from being nominated, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (Added 48 of 1999 s. 23. Amended 25 of 2003 s. 21) (7) If, after striking out names from a nomination list in accordance with subsection (6) or (6A), no name remains on the list, the Returning Officer must reject the list. (Amended 48 of 1999 s. 23) (8) (Renumbered as subsection (4A)) (9) If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list. (10) The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6), (6A) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49. (Amended 48 of 1999 s. 23) (11) If, before the date of the election, proof is given to the satisfaction of the Returning Officer that a candidate whose name appears on a list of candidates has died or is disqualified from being nominated as a candidate, the Returning Officer must strike out the name of that candidate from the list. (Added 48 of 1999 s. 23. Amended 25 of 2003 s. 21) (12) After striking out a name from a list of candidates under subsection (11), the Returning Officer must not add the name of any other person to the list. (Added 48 of 1999 s. 23) (13) If, after taking the action referred to in subsection (11), no name remains on the list of candidates, the Returning Officer must reject the list. (Added 48 of 1999 s. 23) (14) The candidates whose names remain on a list of candidates after the Returning Officer has taken the action referred to in subsection (11) are taken as constituting a new list of candidates that replaces the one constituted under subsection (10) for the purposes of section 49. (Added 48 of 1999 s. 23) "nominee" (獲提名人) LEGISLATIVE COUNCIL ORDINANCE - SECT 38 Nomination lists for geographical constituencies VerDate:01/07/2000 (1) In this section- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate. (2) The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either- (a) the names of 2 or more persons contesting the election for that geographical constituency as a group; or (b) the name of a person contesting that election as a single candidate. (3) A nomination list must- (a) be submitted- (i) on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (ii) by a nominee on the nomination list concerned; (iii) within the nomination period; and (iv) in the manner prescribed by those regulations; and (b) be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and (c) contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (4) If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted. (4A) After a nomination list has been submitted to a Returning Officer- (a) the order in which names of nominees appear in the list cannot be altered; (b) the names of other persons cannot be added to the list; and (c) the names of persons already on the list cannot be deleted. (Amended 48 of 1999 s. 23) (5) The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated. (6) If- (a) the Returning Officer determines that a nominee is not validly nominated; or (b) a nominee's nomination is withdrawn; or (c) a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (6A) If, after the Returning Officer has determined that a nominee is validly nominated, but before the close of nominations, it comes to the knowledge of the Returning Officer that the nominee has died or is disqualified from being nominated, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (Added 48 of 1999 s. 23) (7) If, after striking out names from a nomination list in accordance with subsection (6) or (6A), no name remains on the list, the Returning Officer must reject the list. (Amended 48 of 1999 s. 23) (8) (Renumbered as subsection (4A)) (9) If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list. (10) The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6), (6A) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49. (Amended 48 of 1999 s. 23) (11) If, before the date of the election, it comes to the knowledge of the Returning Officer that a candidate whose name appears on a list of candidates has died or is disqualified from being nominated as a candidate, the Returning Officer must strike out the name of that candidate from the list. (Added 48 of 1999 s. 23) (12) After striking out a name from a list of candidates under subsection (11), the Returning Officer must not add the name of any other person to the list. (Added 48 of 1999 s. 23) (13) If, after taking the action referred to in subsection (11), no name remains on the list of candidates, the Returning Officer must reject the list. (Added 48 of 1999 s. 23) (14) The candidates whose names remain on a list of candidates after the Returning Officer has taken the action referred to in subsection (11) are taken as constituting a new list of candidates that replaces the one constituted under subsection (10) for the purposes of section 49. (Added 48 of 1999 s. 23) "nominee" (獲提名人) LEGISLATIVE COUNCIL ORDINANCE - SECT 38 Nomination lists for geographical constituencies VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) In this section- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate. (2) The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either- (a) the names of 2 or more persons contesting the election for that geographical constituency as a group; or (b) the name of a person contesting that election as a single candidate. (3) A nomination list must- (a) be submitted- (i) on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (ii) by a nominee on the nomination list concerned; (iii) within the nomination period; and (iv) in the manner prescribed by those regulations; and (b) be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and (c) contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (4) If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted. (4A) After a nomination list has been submitted to a Returning Officer- (a) the order in which names of nominees appear in the list cannot be altered; (b) the names of other persons cannot be added to the list; and (c) the names of persons already on the list cannot be deleted. (Amended 48 of 1999 s. 23) (5) The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated. (6) If- (a) the Returning Officer determines that a nominee is not validly nominated; or (b) a nominee's nomination is withdrawn; or (c) a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (6A) If, after the Returning Officer has determined that a nominee is validly nominated, but before the close of nominations, it comes to the knowledge of the Returning Officer that the nominee has died or is disqualified from being nominated, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (Added 48 of 1999 s. 23) (7) If, after striking out names from a nomination list in accordance with subsection (6) or (6A), no name remains on the list, the Returning Officer must reject the list. (Amended 48 of 1999 s. 23) (8) (Renumbered as subsection (4A)) (9) If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list. (10) The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6), (6A) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49. (Amended 48 of 1999 s. 23) (11) If, before the date of the election, it comes to the knowledge of the Returning Officer that a candidate whose name appears on a list of candidates has died or is disqualified from being nominated as a candidate, the Returning Officer must strike out the name of that candidate from the list. (Added 48 of 1999 s. 23) (12) After striking out a name from a list of candidates under subsection (11), the Returning Officer must not add the name of any other person to the list. (Added 48 of 1999 s. 23) (13) If, after taking the action referred to in subsection (11), no name remains on the list of candidates, the Returning Officer must reject the list. (Added 48 of 1999 s. 23) (14) The candidates whose names remain on a list of candidates after the Returning Officer has taken the action referred to in subsection (11) are taken as constituting a new list of candidates that replaces the one constituted under subsection (10) for the purposes of section 49. (Added 48 of 1999 s. 23) "nominee" (獲提名人) LEGISLATIVE COUNCIL ORDINANCE - SECT 38 Nomination lists for geographical constituencies VerDate:03/10/1997 (1) In this section- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate. (2) The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either- (a) the names of 2 or more persons contesting the election for that geographical constituency as a group; or (b) the name of a person contesting that election as a single candidate. (3) A nomination list must- (a) be submitted- (i) on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (ii) by a nominee on the nomination list concerned; (iii) within the nomination period; and (iv) in the manner prescribed by those regulations; and (b) be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and (c) contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (4) If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted. (5) The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated. (6) If- (a) the Returning Officer determines that a nominee is not validly nominated; or (b) a nominee's nomination is withdrawn; or (c) a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly. (7) If, after striking out names from a nomination list in accordance with subsection (6), no name remains on the list, the Returning Officer must reject the list. (8) After a nomination list has been submitted to a Returning Officer- (a) the order in which names of nominees appear in the list cannot be altered; (b) the names of other persons cannot be added to the list; and (c) the names of persons already on the list cannot be deleted. (9) If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list. (10) The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49. "nominee" (獲提名人) LEGISLATIVE COUNCIL ORDINANCE - SECT 39 When person is disqualified from being nominated as a candidate and from being elected as a Member VerDate:11/07/2003 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; or (iii) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; or (Amended 48 of 1999 s. 24) (b) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or (e) without limiting paragraph (b), where the election is to be held or is held within 5 years after the date of the person's conviction, is or has been convicted- (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (Replaced 10 of 2000 s. 47) (f) is- (i) ineligible to be a candidate, or to be elected as a Member, at the election; or (ii) disqualified from being a candidate, or from being elected as a Member, at the election, because of the operation of this or any other law; or (g) is a representative or salaried functionary of a government of a place outside Hong Kong; or (h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or (i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap 6) with the person's creditors, in either case without paying the creditors in full. (Amended 25 of 2003 s. 22) (2) A person is also disqualified from being nominated as a candidate at an election if the person has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Replaced 25 of 2003 s. 22) (3) A person is also disqualified from being elected as a Member if the person has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Replaced 25 of 2003 s. 22) (4) A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency. (5) In this section- "judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap 93); "prescribed public officer" (訂明的公職人員) means any of the following- (a) the Chairman of the Public Service Commission; (b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap 204); (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); (d) a member of the Electoral Affairs Commission; (e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; (ea) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap 486); (Added 48 of 1999 s. 24) (eb) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are engaged by the Commission under the Sex Discrimination Ordinance (Cap 480); (Added 48 of 1999 s. 24) (f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau. "judicial officer" (司法人員) "prescribed public officer" (訂明的公職人員) LEGISLATIVE COUNCIL ORDINANCE - SECT 39 When person is disqualified from being nominated as a candidate and from being elected as a Member VerDate:03/03/2000 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; or (iii) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; or (Amended 48 of 1999 s. 24) (b) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or (e) without limiting paragraph (b), where the election is to be held or is held within 5 years after the date of the person's conviction, is or has been convicted- (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (Replaced 10 of 2000 s. 47) (f) is- (i) ineligible to be a candidate, or to be elected as a Member, at the election; or (ii) disqualified from being a candidate, or from being elected as a Member, at the election, because of the operation of this or any other law; or (g) is a representative or salaried functionary of a government of a place outside Hong Kong; or (h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or (i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full. (2) A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (3) A person is also disqualified from being elected as a Member if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (4) A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency. (5) In this section- "judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap 93); "prescribed public officer" (訂明的公職人員) means any of the following- (a) the Chairman of the Public Service Commission; (b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap 204); (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); (d) a member of the Electoral Affairs Commission; (e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; (ea) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap 486); (Added 48 of 1999 s. 24) (eb) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are engaged by the Commission under the Sex Discrimination Ordinance (Cap 480); (Added 48 of 1999 s. 24) (f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau. "judicial officer" (司法人員) "prescribed public officer" (訂明的公職人員) LEGISLATIVE COUNCIL ORDINANCE - SECT 39 When person is disqualified from being nominated as a candidate and from being elected as a Member VerDate:30/07/1999 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; or (iii) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; or (Amended 48 of 1999 s. 24) (b) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or (e) without limiting paragraph (b), where the election is to be held or is held within 5 years from the date of the person's conviction, is or has been convicted- (i) of any offence in Hong Kong or any other place in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap 288)); or (iii) of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or (iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201); or (v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (f) is- (i) ineligible to be a candidate, or to be elected as a Member, at the election; or (ii) disqualified from being a candidate, or from being elected as a Member, at the election, because of the operation of this or any other law; or (g) is a representative or salaried functionary of a government of a place outside Hong Kong; or (h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or (i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full. (2) A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (3) A person is also disqualified from being elected as a Member if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (4) A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency. (5) In this section- "judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap 93); "prescribed public officer" (訂明的公職人員) means any of the following- (a) the Chairman of the Public Service Commission; (b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap 204); (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); (d) a member of the Electoral Affairs Commission; (e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; (ea) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap 486); (Added 48 of 1999 s. 24) (eb) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are engaged by the Commission under the Sex Discrimination Ordinance (Cap 480); (Added 48 of 1999 s. 24) (f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau. "judicial officer" (司法人員) "prescribed public officer" (訂明的公職人員) LEGISLATIVE COUNCIL ORDINANCE - SECT 39 When person is disqualified from being nominated as a candidate and from being elected as a Member VerDate:03/10/1997 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; or (iii) an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission); or (b) has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- (i) served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or (e) without limiting paragraph (b), where the election is to be held or is held within 5 years from the date of the person's conviction, is or has been convicted- (i) of any offence in Hong Kong or any other place in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap 288)); or (iii) of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or (iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201); or (v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (f) is- (i) ineligible to be a candidate, or to be elected as a Member, at the election; or (ii) disqualified from being a candidate, or from being elected as a Member, at the election, because of the operation of this or any other law; or (g) is a representative or salaried functionary of a government of a place outside Hong Kong; or (h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or (i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full. (2) A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (3) A person is also disqualified from being elected as a Member if, in accordance with the Mental Health Ordinance (Cap 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased. (4) A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency. (5) In this section- "judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap 93); "prescribed public officer" (訂明的公職人員) means any of the following- (a) the Chairman of the Public Service Commission; (b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap 204); (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); (d) a member of the Electoral Affairs Commission; (e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; (f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau. "judicial officer" (司法人員) "prescribed public officer" (訂明的公職人員) LEGISLATIVE COUNCIL ORDINANCE - SECT 40 What requirements are to be complied with by persons nominated as candidates VerDate:01/10/2004 (1) A person is not validly nominated as a candidate for an election for a constituency unless- (Amended 25 of 2003 s. 23) (a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and (b) the nomination form includes or is accompanied by- (i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and (ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and (iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that results in his or her- (Amended 48 of 1999 s. 25) (A) becoming- (I) a prescribed public officer within the meaning of section 39(5); or (II) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; (Amended 48 of 1999 s. 25) (B) being sentenced to death in Hong Kong or any other place; (C) being convicted of treason; (D) being convicted- (I) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (II) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (III) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (Replaced 10 of 2000 s. 47) (E) being disqualified from being elected as a Member at an election because of the operation of this or any other law; (F) becoming a representative or salaried functionary of a government of a place outside Hong Kong; (G) becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; (H) becoming a member of the armed forces of the Central People's Government or any other country or territory; or (I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (2) The person must sign the declarations. (3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 40 What requirements are to be complied with by persons nominated as candidates VerDate:11/07/2003 The following amendment, made by s. 23 of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "Section 40(1) is amended by repealing ", or by the Election Committee,".". (1) A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless- (a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and (b) the nomination form includes or is accompanied by- (i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and (ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and (iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that results in his or her- (Amended 48 of 1999 s. 25) (A) becoming- (I) a prescribed public officer within the meaning of section 39(5); or (II) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; (Amended 48 of 1999 s. 25) (B) being sentenced to death in Hong Kong or any other place; (C) being convicted of treason; (D) being convicted- (I) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (II) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (III) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (Replaced 10 of 2000 s. 47) (E) being disqualified from being elected as a Member at an election because of the operation of this or any other law; (F) becoming a representative or salaried functionary of a government of a place outside Hong Kong; (G) becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; (H) becoming a member of the armed forces of the Central People's Government or any other country or territory; or (I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (2) The person must sign the declarations. (3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 40 What requirements are to be complied with by persons nominated as candidates VerDate:03/03/2000 (1) A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless- (a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and (b) the nomination form includes or is accompanied by- (i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and (ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and (iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that results in his or her- (Amended 48 of 1999 s. 25) (A) becoming- (I) a prescribed public officer within the meaning of section 39(5); or (II) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; (Amended 48 of 1999 s. 25) (B) being sentenced to death in Hong Kong or any other place; (C) being convicted of treason; (D) being convicted- (I) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (II) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or (III) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (Replaced 10 of 2000 s. 47) (E) being disqualified from being elected as a Member at an election because of the operation of this or any other law; (F) becoming a representative or salaried functionary of a government of a place outside Hong Kong; (G) becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; (H) becoming a member of the armed forces of the Central People's Government or any other country or territory; or (I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (2) The person must sign the declarations. (3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 40 What requirements are to be complied with by persons nominated as candidates VerDate:30/07/1999 (1) A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless- (a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and (b) the nomination form includes or is accompanied by- (i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and (ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and (iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that results in his or her- (Amended 48 of 1999 s. 25) (A) becoming- (I) a prescribed public officer within the meaning of section 39(5); or (II) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; (Amended 48 of 1999 s. 25) (B) being sentenced to death in Hong Kong or any other place; (C) being convicted of treason; (D) being convicted- (I) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap 288)); or (II) of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or (III) of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201); or (IV) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (E) being disqualified from being elected as a Member at an election because of the operation of this or any other law; (F) becoming a representative or salaried functionary of a government of a place outside Hong Kong; (G) becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; (H) becoming a member of the armed forces of the Central People's Government or any other country or territory; or (I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (2) The person must sign the declarations. (3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 40 What requirements are to be complied with by persons nominated as candidates VerDate:03/10/1997 (1) A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless- (a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned; and (b) the nomination form includes or is accompanied by- (i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and (ii) a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and (iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that would result in his or her- (A) becoming- (I) a prescribed public officer within the meaning of section 39(5); or (II) an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission); (B) being sentenced to death in Hong Kong or any other place; (C) being convicted of treason; (D) being convicted- (I) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap 288)); or (II) of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or (III) of any offence under Part II of the Prevention of Bribery Ordinance (Cap 201); or (IV) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (E) being disqualified from being elected as a Member at an election because of the operation of this or any other law; (F) becoming a representative or salaried functionary of a government of a place outside Hong Kong; (G) becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; (H) becoming a member of the armed forces of the Central People's Government or any other country or territory; or (I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (2) The person must sign the declarations. (3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 41 Person not to be nominated for more than one constituency VerDate:01/10/2004 (1) A person is not eligible to be nominated as a candidate for a constituency if the person is currently nominated as a candidate for another constituency. (Replaced 25 of 2003 s. 24) (2) The name of a person whose name is included in a nomination list for a geographical constituency is not, at the same election, eligible to be included in another list of candidates nominated for the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 41 Person not to be nominated for more than one constituency VerDate:11/07/2003 The following amendment, made by s. 24 of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "Section 41(1) is repealed and the following substituted- "(1) A person is not eligible to be nominated as a candidate for a constituency if the person is currently nominated as a candidate for another constituency.".". (1) A person is not eligible to be nominated- (a) as a candidate for a constituency if the person is currently nominated either as a candidate for another constituency or as a candidate for election by the Election Committee; or (b) as a candidate for election by the Election Committee if the person is currently nominated as a candidate for a constituency. (2) The name of a person whose name is included in a nomination list for a geographical constituency is not, at the same election, eligible to be included in another list of candidates nominated for the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 41 Person not to be nominated for more than one constituency VerDate:03/10/1997 (1) A person is not eligible to be nominated- (a) as a candidate for a constituency if the person is currently nominated either as a candidate for another constituency or as a candidate for election by the Election Committee; or (b) as a candidate for election by the Election Committee if the person is currently nominated as a candidate for a constituency. (2) The name of a person whose name is included in a nomination list for a geographical constituency is not, at the same election, eligible to be included in another list of candidates nominated for the constituency. LEGISLATIVE COUNCIL ORDINANCE - SECT 42 Withdrawal of candidate's nomination VerDate:03/10/1997 (1) A candidate may withdraw the candidate's nomination for election at any time before the close of nominations for the election and not otherwise. (2) The withdrawal of a candidate's nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) for the purposes of this section. LEGISLATIVE COUNCIL ORDINANCE - SECT 42A Who are validly nominated candidates VerDate:01/07/2000 (1) The Returning Officer must, as soon as practicable after receiving a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), decide in accordance with those regulations whether or not a person is validly nominated as a candidate. (2) The Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publish a notice stating which persons are validly nominated as candidates. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42A Who are validly nominated candidates VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) The Returning Officer must, as soon as practicable after receiving a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), decide in accordance with those regulations whether or not a person is validly nominated as a candidate. (2) The Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publish a notice stating which persons are validly nominated as candidates. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42B Death or disqualification of a validly nominated candidate for election for geographical constituency before date of election VerDate:01/10/2004 (1) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), give notice of the death of the candidate. (2) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for the constituency. (3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (4) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that Officer must, in accordance with those regulations, give notice of the variation of the decision. (5) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for the constituency. (6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (Added 48 of 1999 s. 26. Amended 25 of 2003 s. 25) LEGISLATIVE COUNCIL ORDINANCE - SECT 42B Death or disqualification of a validly nominated candidate for election for geographical constituency before date of election VerDate:11/07/2003 The following amendments, made by s. 25 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 42B(1) is amended- (a) by repealing "or by the Election Committee"; (2) Section 42B(2)(b) is amended by repealing "or by the Election Committee". (3) Section 42B(4) is amended- (a) by repealing "or by the Election Committee"; (4) Section 42B(5)(b) is amended by repealing "or by the Election Committee".". (1) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), give notice of the death of the candidate. (Amended 25 of 2003 s. 25) (2) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (4) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that Officer must, in accordance with those regulations, give notice of the variation of the decision. (Amended 25 of 2003 s. 25) (5) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42B Death or disqualification of a validly nominated candidate for election for geographical constituency or by Election Committee before date of election VerDate:01/07/2000 (1) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, it comes to the knowledge of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), give notice of the death of the candidate. (2) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (4) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, it comes to the knowledge of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that Officer must, in accordance with those regulations, give notice of the variation of the decision. (5) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42B Death or disqualification of a validly nominated candidate for election for geographical constituency or by Election Committee before date of election VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, it comes to the knowledge of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), give notice of the death of the candidate. (2) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (4) If, after the Returning Officer has made a decision under section 42A(1) that a candidate is validly nominated for election for a geographical constituency or by the Election Committee, but before the date of the election, it comes to the knowledge of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that Officer must, in accordance with those regulations, give notice of the variation of the decision. (5) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541)- (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee. (6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42C Death or disqualification of a validly nominated candidate for election for functional constituency before date of election VerDate:11/07/2003 If, after the close of nominations for an election for a functional constituency, but before the date of the election, proof is given to the satisfaction of the Returning Officer that a candidate who is validly nominated for election for the constituency has died or is disqualified from being nominated as a candidate for the constituency, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for that constituency are terminated. (Added 48 of 1999 s. 26. Amened 25 of 2003 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42C Death or disqualification of a validly nominated candidate for election for functional constituency before date of election VerDate:01/07/2000 If, after the close of nominations for an election for a functional constituency, but before the date of the election, it comes to the knowledge of the Returning Officer that a candidate who is validly nominated for election for the constituency has died or is disqualified from being nominated as a candidate for the constituency, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for that constituency are terminated. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 42C Death or disqualification of a validly nominated candidate for election for functional constituency before date of election VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. If, after the close of nominations for an election for a functional constituency, but before the date of the election, it comes to the knowledge of the Returning Officer that a candidate who is validly nominated for election for the constituency has died or is disqualified from being nominated as a candidate for the constituency, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for that constituency are terminated. (Added 48 of 1999 s. 26) LEGISLATIVE COUNCIL ORDINANCE - SECT 43 Candidates entitled to send letter to electors free of postage VerDate:01/10/2004 (1) One letter, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates. (2) One letter, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate. (3) (Repealed 25 of 2003 s. 27) (4) The letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (5) The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. (Amended 25 of 2003 s. 27) LEGISLATIVE COUNCIL ORDINANCE - SECT 43 Candidates entitled to send letter to electors free of postage VerDate:15/07/2004 The following amendment, made by s. 27(2) of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(2) Section 43(3) is repealed.". (1) One letter, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates. (2) One letter, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate. (3) Two letters, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for election by that Committee. (4) The letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (5) The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. (Amended 25 of 2003 s. 27) LEGISLATIVE COUNCIL ORDINANCE - SECT 43 Candidates entitled to send letters to electors free of postage VerDate:11/07/2003 The following amendment, made by s. 27(2) of 25 of 2003, comes into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(2) Section 43(3) is repealed.". (1) Two letters, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates. (2) Two letters, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate. (3) Two letters, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for election by that Committee. (4) Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (5) The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. LEGISLATIVE COUNCIL ORDINANCE - SECT 43 Candidates entitled to send letters to electors free of postage VerDate:03/10/1997 (1) Two letters, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates. (2) Two letters, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate. (3) Two letters, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for election by that Committee. (4) Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (5) The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. LEGISLATIVE COUNCIL ORDINANCE - SECT 44 When general election can be postponed or adjourned VerDate:30/07/1999 (1) The Chief Executive may, by order, direct the postponement of a general election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger. (2) The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of a general election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger. (3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it. (4) If a general election, or the polling or counting of votes at a general election, is directed to be postponed or adjourned under this section, the Chief Executive must specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. The Chief Executive must give notice of that date in the Gazette. That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction. (Amended 48 of 1999 s. 28) LEGISLATIVE COUNCIL ORDINANCE - SECT 44 When general election can be postponed or adjourned VerDate:03/10/1997 (1) The Chief Executive may, by order, direct the postponement of a general election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger. (2) The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of a general election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger. (3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it. (4) If a general election, or the polling or counting of votes at a general election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction. LEGISLATIVE COUNCIL ORDINANCE - SECT 45 (Repealed 48 of 1999 s. 29) VerDate:01/07/2000 LEGISLATIVE COUNCIL ORDINANCE - SECT 45 (Repealed 48 of 1999 s. 29) VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. LEGISLATIVE COUNCIL ORDINANCE - SECT 45 When election proceedings are terminated VerDate:03/10/1997 If, before declaring the result of an election, the Returning Officer concerned becomes aware that a validly nominated candidate has, after the close of nominations for an election but before the close of polling for the election, died or become disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election are terminated. LEGISLATIVE COUNCIL ORDINANCE - SECT 46 What is to happen if insufficient candidates are nominated VerDate:01/10/2004 (1) If, after the close of nomination of candidates for election for a constituency, no more candidates have been validly nominated than the number of Members to be returned for the constituency, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members. (2) If, after the close of nomination of candidates for election for a constituency, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned. (Amended 25 of 2003 s. 28) LEGISLATIVE COUNCIL ORDINANCE - SECT 46 What is to happen if insufficient candidates are nominated VerDate:11/07/2003 The following amendments, made by s. 28 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 46(1) is amended- (a) by repealing "or by the Election Committee"; (b) by repealing ", or to be elected by the Election Committee". (2) Section 46(2) is amended- (a) by repealing "or by the Election Committee"; (b) by repealing "or by that Committee".". (1) If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no more candidates have been validly nominated than the number of Members to be returned for the constituency, or to be elected by the Election Committee, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members. (2) If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency or by that Committee, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned. LEGISLATIVE COUNCIL ORDINANCE - SECT 46 What is to happen if insufficient candidates are nominated VerDate:03/10/1997 (1) If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no more candidates have been validly nominated than the number of Members to be returned for the constituency, or to be elected by the Election Committee, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members. (2) If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency or by that Committee, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned. LEGISLATIVE COUNCIL ORDINANCE - SECT 46A Death or disqualification of a validly nominated candidate before declaration of election result VerDate:01/10/2004 (1) If, on the date of an election but before the close of polling for the election, proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the constituency are terminated. (Amended 25 of 2003 s. 29) (2) If, after the close of polling for an election but before declaring the result of the election, proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has died or is disqualified from being elected, the proceedings for the election for the constituency are not to be terminated at that stage. If the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred. (Amended 25 of 2003 s. 29) (3) If, after the counting of votes is finished, the candidate referred to in subsection (2) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the election- (a) to have failed; or (b) (where more than one Member is to be returned at the election for the constituency and there is another candidate or there are other candidates returned for the constituency) to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency. (4) The Returning Officer must not declare an election for a geographical constituency to have failed, or to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency, under subsection (3) if- (a) the successful candidate who has died or is disqualified from being elected was contesting in respect of a particular list within the meaning of section 49 for election for the constituency; and (b) another candidate whose name appears on the same list is to be returned in place of the deceased or disqualified candidate in accordance with section 49(15). (Added 48 of 1999 s. 31. Amended 25 of 2003 s. 29) LEGISLATIVE COUNCIL ORDINANCE - SECT 46A Death or disqualification of a validly nominated candidate before declaration of election result VerDate:11/07/2003 The following amendments, made by s. 29 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 46A(1) is amended- (b) by repealing "or by the Election Committee" where it twice appears. (2) Section 46A(2) is amended- (b) by repealing "or by the Election Committee" where it twice appears. (3) Section 46A(3)(b) is amended- (a) by repealing "or by the Election Committee" where it twice appears; (b) by repealing "or by that Committee" where it twice appears.". (1) If, on the date of an election but before the close of polling for the election, proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the constituency or by the Election Committee are terminated. (Amended 25 of 2003 s. 29) (2) If, after the close of polling for an election but before declaring the result of the election, proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, the proceedings for the election for the constituency or by the Election Committee are not to be terminated at that stage. If the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred. (Amended 25 of 2003 s. 29) (3) If, after the counting of votes is finished, the candidate referred to in subsection (2) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the election- (a) to have failed; or (b) (where more than one Member is to be returned at the election for the constituency or by the Election Committee and there is another candidate or there are other candidates returned for the constituency or by that Committee) to have failed to the extent that the number of candidates returned at the election for the constituency or by the Election Committee was less than the number of Members to be returned for the constituency or by that Committee. (4) The Returning Officer must not declare an election for a geographical constituency to have failed, or to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency, under subsection (3) if- (a) the successful candidate who has died or is disqualified from being elected was contesting in respect of a particular list within the meaning of section 49 for election for the constituency; and (b) another candidate whose name appears on the same list is to be returned in place of the deceased or disqualified candidate in accordance with section 49(15). (Added 48 of 1999 s. 31) LEGISLATIVE COUNCIL ORDINANCE - SECT 46A Death or disqualification of a validly nominated candidate before declaration of election result VerDate:01/07/2000 (1) If, on the date of an election but before the close of polling for the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the constituency or by the Election Committee are terminated. (2) If, after the close of polling for an election but before declaring the result of the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, the proceedings for the election for the constituency or by the Election Committee are not to be terminated at that stage. If the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred. (3) If, after the counting of votes is finished, the candidate referred to in subsection (2) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the election- (a) to have failed; or (b) (where more than one Member is to be returned at the election for the constituency or by the Election Committee and there is another candidate or there are other candidates returned for the constituency or by that Committee) to have failed to the extent that the number of candidates returned at the election for the constituency or by the Election Committee was less than the number of Members to be returned for the constituency or by that Committee. (4) The Returning Officer must not declare an election for a geographical constituency to have failed, or to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency, under subsection (3) if- (a) the successful candidate who has died or is disqualified from being elected was contesting in respect of a particular list within the meaning of section 49 for election for the constituency; and (b) another candidate whose name appears on the same list is to be returned in place of the deceased or disqualified candidate in accordance with section 49(15). (Added 48 of 1999 s. 31) LEGISLATIVE COUNCIL ORDINANCE - SECT 46A Death or disqualification of a validly nominated candidate before declaration of election result VerDate:30/07/1999 This section shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as this section has not already come into operation. (1) If, on the date of an election but before the close of polling for the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the constituency or by the Election Committee are terminated. (2) If, after the close of polling for an election but before declaring the result of the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, the proceedings for the election for the constituency or by the Election Committee are not to be terminated at that stage. If the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred. (3) If, after the counting of votes is finished, the candidate referred to in subsection (2) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the election- (a) to have failed; or (b) (where more than one Member is to be returned at the election for the constituency or by the Election Committee and there is another candidate or there are other candidates returned for the constituency or by that Committee) to have failed to the extent that the number of candidates returned at the election for the constituency or by the Election Committee was less than the number of Members to be returned for the constituency or by that Committee. (4) The Returning Officer must not declare an election for a geographical constituency to have failed, or to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency, under subsection (3) if- (a) the successful candidate who has died or is disqualified from being elected was contesting in respect of a particular list within the meaning of section 49 for election for the constituency; and (b) another candidate whose name appears on the same list is to be returned in place of the deceased or disqualified candidate in accordance with section 49(15). (Added 48 of 1999 s. 31) LEGISLATIVE COUNCIL ORDINANCE - SECT 47 How election is to be conducted VerDate:01/10/2004 (1) At every contested election to return a Member for a constituency- (Amended 25 of 2003 s. 30) (a) a poll is to be taken of the electors of the constituency; and (b) the voting at the poll is to be by secret ballot. (2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (3) The Returning Officer appointed for a constituency is responsible for supervising an election for the constituency in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap 541). (Amended 25 of 2003 s. 30) LEGISLATIVE COUNCIL ORDINANCE - SECT 47 How election is to be conducted VerDate:11/07/2003 The following amendments, made by s. 30 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 47(1) is amended by repealing "or for the Election Committee". (2) Section 47(1)(a) is amended by repealing "or of the members of that Committee". (3) Section 47(3) is amended- (a) by repealing "or for the Election Committee"; (b) by repealing "or by that Committee".". (1) At every contested election to return a Member for a constituency or for the Election Committee- (a) a poll is to be taken of the electors of the constituency or of the members of that Committee; and (b) the voting at the poll is to be by secret ballot. (2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (3) The Returning Officer appointed for a constituency or for the Election Committee is responsible for supervising an election for the constituency or by that Committee in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap 541). LEGISLATIVE COUNCIL ORDINANCE - SECT 47 How election is to be conducted VerDate:03/10/1997 (1) At every contested election to return a Member for a constituency or for the Election Committee- (a) a poll is to be taken of the electors of the constituency or of the members of that Committee; and (b) the voting at the poll is to be by secret ballot. (2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (3) The Returning Officer appointed for a constituency or for the Election Committee is responsible for supervising an election for the constituency or by that Committee in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap 541). LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:01/10/2004 (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2)-(3) (Repealed 25 of 2003 s. 31) (3A)-(3C) (Repealed 25 of 2003 s. 31) (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) (Repealed 25 of 2003 s. 31) (7) Subsection (5) does not- (Amended 25 of 2003 s. 31) (a) preclude the Court from making a determination under section 67; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. (8) A corporate elector may vote at an election only by its authorized representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:11/07/2003 The following amendments, made by s. 31 of 25 of 2003, come into operation on 11 July 2003 for the purpose only of enabling arrangements to be made for the general election that is to be held for electing Members for the third term of office of the Legislative Council: "(1) Section 48(2), (3), (3A), (3B), (3C) and (6) is repealed. (2) Section 48(7) is amended by repealing "Subsections (5) and (6) do" and substituting "Subsection (5) does".". (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2) A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee under the Chief Executive Election Ordinance (Cap 569). (Amended 21 of 2001 s. 66) (3) A member of the Election Committee (other than an ex-officio member) who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency. (Amended 48 of 1999 s. 32) (3A) Subject to subsections (3B) and (3C), an ex-officio member of the Election Committee who is registered as an elector for a functional constituency is entitled to vote at an election to return a Member- (a) for the constituency; or (b) by the Election Committee, of that member's choice made in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) before the compilation of the final register of members of the Election Committee for the purposes of the second general election. The choice is to have effect in relation to any election held for the second term of office of the Legislative Council and is irrevocable. (Added 48 of 1999 s. 32) (3B) An elector registered for a functional constituency ("first-mentioned registration") who is subsequently registered, under this Ordinance in force immediately before the commencement of section 73 of the Chief Executive Election Ordinance (Cap 569) or under the last mentioned Ordinance, as an ex-officio member of the Election Committee after the second general election ("second-mentioned registration") is only entitled, after the second-mentioned registration, to vote at an election to return a Member by the Election Committee unless there has been an election for the second term of office of the Legislative Council (whether contested or uncontested) to return a Member for that constituency during the period between the first-mentioned registration and the second-mentioned registration of the elector, in which case the elector is only entitled to vote at an election to return a Member for that constituency. (Added 48 of 1999 s. 32. Amended 21 of 2001 s. 66) (3C) An ex-officio member of the Election Committee who is subsequently registered as an elector for a functional constituency after the second general election is, despite the subsequent registration, only entitled to vote at an election to return a Member by the Election Committee. (Added 48 of 1999 s. 32) (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register of members of the Election Committee that is compiled and published, and in effect, under the Schedule to the Chief Executive Election Ordinance (Cap 569). (Amended 21 of 2001 s. 66) (7) Subsections (5) and (6) do not- (a) preclude the Court from making a determination under section 67; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. (8) A corporate elector may vote at an election only by its authorized representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:21/09/2001 (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2) A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee under the Chief Executive Election Ordinance (Cap 569). (Amended 21 of 2001 s. 66) (3) A member of the Election Committee (other than an ex-officio member) who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency. (Amended 48 of 1999 s. 32) (3A) Subject to subsections (3B) and (3C), an ex-officio member of the Election Committee who is registered as an elector for a functional constituency is entitled to vote at an election to return a Member- (a) for the constituency; or (b) by the Election Committee, of that member's choice made in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) before the compilation of the final register of members of the Election Committee for the purposes of the second general election. The choice is to have effect in relation to any election held for the second term of office of the Legislative Council and is irrevocable. (Added 48 of 1999 s. 32) (3B) An elector registered for a functional constituency ("first-mentioned registration") who is subsequently registered, under this Ordinance in force immediately before the commencement of section 73 of the Chief Executive Election Ordinance (Cap 569) or under the last mentioned Ordinance, as an ex-officio member of the Election Committee after the second general election ("second-mentioned registration") is only entitled, after the second-mentioned registration, to vote at an election to return a Member by the Election Committee unless there has been an election for the second term of office of the Legislative Council (whether contested or uncontested) to return a Member for that constituency during the period between the first-mentioned registration and the second-mentioned registration of the elector, in which case the elector is only entitled to vote at an election to return a Member for that constituency. (Added 48 of 1999 s. 32. Amended 21 of 2001 s. 66) (3C) An ex-officio member of the Election Committee who is subsequently registered as an elector for a functional constituency after the second general election is, despite the subsequent registration, only entitled to vote at an election to return a Member by the Election Committee. (Added 48 of 1999 s. 32) (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register of members of the Election Committee that is compiled and published, and in effect, under the Schedule to the Chief Executive Election Ordinance (Cap 569). (Amended 21 of 2001 s. 66) (7) Subsections (5) and (6) do not- (a) preclude the Court from making a determination under section 67; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. (8) A corporate elector may vote at an election only by its authorized representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:01/07/2000 (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2) A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee. (3) A member of the Election Committee (other than an ex-officio member) who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency. (Amended 48 of 1999 s. 32) (3A) Subject to subsections (3B) and (3C), an ex-officio member of the Election Committee who is registered as an elector for a functional constituency is entitled to vote at an election to return a Member- (a) for the constituency; or (b) by the Election Committee, of that member's choice made in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) before the compilation of the final register of members of the Election Committee for the purposes of the second general election. The choice is to have effect in relation to any election held for the second term of office of the Legislative Council and is irrevocable. (Added 48 of 1999 s. 32) (3B) An elector registered for a functional constituency ("first-mentioned registration") who is subsequently registered as an ex-officio member of the Election Committee after the second general election ("second-mentioned registration") is only entitled, after the second-mentioned registration, to vote at an election to return a Member by the Election Committee unless there has been an election for the second term of office of the Legislative Council (whether contested or uncontested) to return a Member for that constituency during the period between the first-mentioned registration and the second-mentioned registration of the elector, in which case the elector is only entitled to vote at an election to return a Member for that constituency. (Added 48 of 1999 s. 32) (3C) An ex-officio member of the Election Committee who is subsequently registered as an elector for a functional constituency after the second general election is, despite the subsequent registration, only entitled to vote at an election to return a Member by the Election Committee. (Added 48 of 1999 s. 32) (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register prepared for that Committee. (7) Subsections (5) and (6) do not- (a) preclude the Court from making a determination under section 67; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. (8) A corporate elector may vote at an election only by its authorized representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:30/07/1999 The amendments made to this section by Ord. No. 48 of 1999 shall come into operation on- (a) 30 July 1999 for the purpose only of enabling arrangements to be made for the holding of the Election Committee subsector elections in 2000 to elect members of the Election Committee for the second term of office of the Legislative Council and for the holding of the second general election in 2000 to elect all Members of that Council; (b) 1 July 2000 in so far as the amendments have not already come into operation. (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2) A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee. (3) A member of the Election Committee (other than an ex-officio member) who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency. (Amended 48 of 1999 s. 32) (3A) Subject to subsections (3B) and (3C), an ex-officio member of the Election Committee who is registered as an elector for a functional constituency is entitled to vote at an election to return a Member- (a) for the constituency; or (b) by the Election Committee, of that member's choice made in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) before the compilation of the final register of members of the Election Committee for the purposes of the second general election. The choice is to have effect in relation to any election held for the second term of office of the Legislative Council and is irrevocable. (Added 48 of 1999 s. 32) (3B) An elector registered for a functional constituency ("first-mentioned registration") who is subsequently registered as an ex-officio member of the Election Committee after the second general election ("second-mentioned registration") is only entitled, after the second-mentioned registration, to vote at an election to return a Member by the Election Committee unless there has been an election for the second term of office of the Legislative Council (whether contested or uncontested) to return a Member for that constituency during the period between the first-mentioned registration and the second-mentioned registration of the elector, in which case the elector is only entitled to vote at an election to return a Member for that constituency. (Added 48 of 1999 s. 32) (3C) An ex-officio member of the Election Committee who is subsequently registered as an elector for a functional constituency after the second general election is, despite the subsequent registration, only entitled to vote at an election to return a Member by the Election Committee. (Added 48 of 1999 s. 32) (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register prepared for that Committee. (7) Subsections (5) and (6) do not- (a) preclude the Court from making a determination under section 67; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. (8) A corporate elector may vote at an election only by its authorized representative. LEGISLATIVE COUNCIL ORDINANCE - SECT 48 Who is entitled to vote at an election VerDate:03/10/1997 (1) A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency. (2) A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee. (3) A member of the Election Committee who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency. (4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance. (5) A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency. (6) A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register prepared for that Committee. (7) Subsections (5) a