DISTRICT COUNCILS ORDINANCE - CHAPTER 547 DISTRICT COUNCILS ORDINANCE - LONG TITLE Long title VerDate:19/03/1999 An Ordinance to provide for the declaration of Districts, the establishment, composition and functions of District Councils, the procedure for election of persons to be members of District Councils; and to provide for related matters. [The Ordinance, except for section 88(1) and sections 1, 5, 6, 7, 9, 10, 13(a), 15, 16, 17, 18, 21, 25 and 31 of Schedule 6 } } } 19 March 1999 L.N. 77 of 1999 The remaining provisions } 1 January 2000] (Originally 8 of 1999) DISTRICT COUNCILS ORDINANCE - SECT 1 Short title VerDate:19/03/1999 PART I PRELIMINARY (1) This Ordinance may be cited as the District Councils Ordinance. (2) (Omitted as spent) DISTRICT COUNCILS ORDINANCE - SECT 2 Interpretation VerDate:03/03/2000 In this Ordinance, unless the context otherwise requires- "appointed member" (委任議員) means a person who is appointed as a member of a District Council under section 11 or 16; "by-election" (補選) means an election to elect a person as an elected member otherwise than at an ordinary election; "candidate" (候選人) means a candidate nominated for election as an elected member; "Chairman" (主席) means, in relation to a District Council, the person holding the office of Chairman of that Council under Part VI; "committee" (委員會) means, in relation to a District Council, a committee appointed by it under section 71; "constituency" (選區) means an area declared to be a constituency under section 6(1)(a); "corrupt conduct" (舞弊行為) means corrupt conduct engaged in in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); (Replaced 10 of 2000 s. 47) "costs" (費用、訟費) includes charges and expenses; "Court" means the Court of First Instance; "Designated Officer" (指定人員) means the Director of Home Affairs; "District" (地方行政區) means an area declared to be a District in or under this Ordinance; "District Council" (區議會) means a body established as a District Council by or under this Ordinance; "District Officer" (民政事務專員) means, in relation to a District Council, the person who performs the functions of the office of District Officer in the Home Affairs Department for the District for which that District Council is established; "elected member" (民選議員) means a person who is elected as a member of a District Council under Part V; "election" (選舉) means an ordinary election or a by-election; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part V; "elector" (選民) means any person whose name is included in the existing final register; "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) has the meaning given by the Legislative Council Ordinance (Cap 542); "existing final register" (現有的正式選民登記冊) means a final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (Cap 542) which is currently in force; "ex officio member" (當然議員) means a person who holds office as such under section 9(1)(c); "function" (職能) includes a power and an authority; "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 conduct" (非法行為) means illegal conduct engaged in in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); (Replaced 10 of 2000 s. 47) "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); "member" (議員) means an elected member, an appointed member or an ex officio member; "ordinary election" (一般選舉) means- (a) in relation to a District Council, the first election to elect persons to be the elected members of the District Council; or (b) elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; "prescribed public officer" (訂明公職人員) means any of the following- (a) the Chairman of the Public Service Commission; or (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); or (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); or (d) a member of the Electoral Affairs Commission; or (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; or (f) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap 486); or (g) 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); or (h) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau; "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 75 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; "Rural Committee" (鄉事委員會) has the meaning given by section 3(3) of the Heung Yee Kuk Ordinance (Cap 1097); "Vice Chairman" (副主席) means, in relation to a District Council, the person holding the office of Vice Chairman of that Council under Part VI. "appointed member" (委任議員) "by-election" (補選) "candidate" (候選人) "Chairman" (主席) "committee" (委員會) "constituency" (選區) "corrupt conduct" (舞弊行為) "costs" (費用、訟費) "Court" "Designated Officer" (指定人員) "District" (地方行政區) "District Council" (區議會) "District Officer" (民政事務專員) "elected member" (民選議員) "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) "existing final register" (現有的正式選民登記冊) "ex officio member" (當然議員) "function" (職能) "identity document" (身分證明文件) "illegal conduct" (非法行為) "judicial officer" (司法人員) "member" (議員) "ordinary election" (一般選舉) "prescribed public officer" (訂明公職人員) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Rural Committee" (鄉事委員會) "Vice Chairman" (副主席) DISTRICT COUNCILS ORDINANCE - SECT 2 Interpretation VerDate:19/03/1999 In this Ordinance, unless the context otherwise requires- "appointed member" (委任議員) means a person who is appointed as a member of a District Council under section 11 or 16; "by-election" (補選) means an election to elect a person as an elected member otherwise than at an ordinary election; "candidate" (候選人) means a candidate nominated for election as an elected member; "Chairman" (主席) means, in relation to a District Council, the person holding the office of Chairman of that Council under Part VI; "committee" (委員會) means, in relation to a District Council, a committee appointed by it under section 71; "constituency" (選區) means an area declared to be a constituency under section 6(1)(a); "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" means the Court of First Instance; "Designated Officer" (指定人員) means the Director of Home Affairs; "District" (地方行政區) means an area declared to be a District in or under this Ordinance; "District Council" (區議會) means a body established as a District Council by or under this Ordinance; "District Officer" (民政事務專員) means, in relation to a District Council, the person who performs the functions of the office of District Officer in the Home Affairs Department for the District for which that District Council is established; "elected member" (民選議員) means a person who is elected as a member of a District Council under Part V; "election" (選舉) means an ordinary election or a by-election; "election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part V; "elector" (選民) means any person whose name is included in the existing final register; "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) has the meaning given by the Legislative Council Ordinance (Cap 542); "existing final register" (現有的正式選民登記冊) means a final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (Cap 542) which is currently in force; "ex officio member" (當然議員) means a person who holds office as such under section 9(1)(c); "function" (職能) includes a power and an authority; "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); "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); "member" (議員) means an elected member, an appointed member or an ex officio member; "ordinary election" (一般選舉) means- (a) in relation to a District Council, the first election to elect persons to be the elected members of the District Council; or (b) elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils; "prescribed public officer" (訂明公職人員) means any of the following- (a) the Chairman of the Public Service Commission; or (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); or (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap 397); or (d) a member of the Electoral Affairs Commission; or (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; or (f) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap 486); or (g) 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); or (h) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau; "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 75 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; "Rural Committee" (鄉事委員會) has the meaning given by section 3(3) of the Heung Yee Kuk Ordinance (Cap 1097); "Vice Chairman" (副主席) means, in relation to a District Council, the person holding the office of Vice Chairman of that Council under Part VI. "appointed member" (委任議員) "by-election" (補選) "candidate" (候選人) "Chairman" (主席) "committee" (委員會) "constituency" (選區) "corrupt practice" (舞弊行為) "costs" (費用、訟費) "Court" "Designated Officer" (指定人員) "District" (地方行政區) "District Council" (區議會) "District Officer" (民政事務專員) "elected member" (民選議員) "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) "existing final register" (現有的正式選民登記冊) "ex officio member" (當然議員) "function" (職能) "identity document" (身分證明文件) "illegal practice" (非法行為) "judicial officer" (司法人員) "member" (議員) "ordinary election" (一般選舉) "prescribed public officer" (訂明公職人員) "the regulations" (《規例》) "Returning Officer" (選舉主任) "Rural Committee" (鄉事委員會) "Vice Chairman" (副主席) DISTRICT COUNCILS ORDINANCE - SECT 3 Declaration of Districts VerDate:19/03/1999 PART II DECLARATION OF DISTRICTS, ESTABLISHMENT OF DISTRICT COUNCILS, DECLARATION OF NUMBER OF ELECTED MEMBERS AND APPOINTED MEMBERS AND DECLARATION OF CONSTITUENCIES (1) Each area named in column 2 of Part II of Schedule 1 and delineated on the map specified opposite to it in column 3 of that Part is declared to be a District for the purposes of this Ordinance. (2) The number specified in Part I of Schedule 1 is the number of Districts to be declared for the purposes of this Ordinance. (3) The Designated Officer must ensure that at least one copy of each map that defines the area of a District 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. (4) No charge is payable by a member of the public who wishes to inspect a copy of the map. (5) A map certified by the Designated Officer as a true copy of a map that defines the area of a District is conclusive evidence of the area of the District. DISTRICT COUNCILS ORDINANCE - SECT 4 Establishment of District Councils VerDate:19/03/1999 There is established for a District specified in column 2 of Schedule 2, the body known as a District Council having the name specified opposite to it in column 3 of that Schedule, with effect from the date specified in relation to it in column 4 of that Schedule. DISTRICT COUNCILS ORDINANCE - SECT 5 Number of members to be elected to a District Council and the number of members to be appointed to it VerDate:19/03/1999 (1) The number specified in column 3 of Part I of Schedule 3 in relation to a District Council specified in column 2 of that Part is the number of members to be elected to that Council. (2) The number specified in column 4 of Part I of Schedule 3 in relation to a District Council specified in column 2 of that Part is the maximum number of members to be appointed to that Council. DISTRICT COUNCILS ORDINANCE - SECT 6 Declaration of constituencies VerDate:19/03/1999 (1) The Chief Executive in Council may, by order published in the Gazette- (a) declare any area within a District to be a constituency for the purposes of an election to elect the members of the District Council established for that District; and (b) give names to those constituencies. (2) When making an order under subsection (1), 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 election to which the order relates. (3) If an order under this section refers to a map that defines the area of a constituency- (a) 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; and (b) the Designated 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. (4) No charge is payable by a member of the public who wishes to inspect a copy of the map. (5) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a constituency is conclusive evidence of the area of the constituency. DISTRICT COUNCILS ORDINANCE - SECT 7 Number of elected members to be returned for each constituency VerDate:19/03/1999 The number of elected members to be returned for each constituency is one. DISTRICT COUNCILS ORDINANCE - SECT 8 Chief Executive in Council may amend Schedule 1, 2 or 3 VerDate:19/03/1999 (1) The Chief Executive in Council may subject to the approval of the Legislative Council, by order published in the Gazette, amend Schedule 1, 2 or 3. (2) Without limiting the generality of subsection (1), the power given to the Chief Executive in Council under that subsection includes a power- (a) to determine the number of Districts; and (b) to declare new Districts in place of the Districts existing at the time an order under subsection (1) is made; and (c) to establish a District Council for any District declared under section 3 or this section and specify a date for the establishment; and (d) to specify the number of members to be elected to a District Council and the number of members to be appointed to it; and (e) to specify the election for which an order made under this section applies. (3) An order under this section may contain such incidental, consequential, supplemental, transitional or saving provisions necessary or expedient in consequence of the order. DISTRICT COUNCILS ORDINANCE - SECT 9 District Councils to consist of elected members, appointed members and ex officio members VerDate:19/03/1999 PART III COMPOSITION OF A DISTRICT COUNCIL (1) A District Council is to consist of- (a) elected members; and (b) appointed members; and (c) if it is a District Council established for a District in which there is one or more Rural Committees, subject to subsection (2) and sections 17, 18 and 19, as ex officio members, the Chairman of each such Rural Committee while holding office as the Chairman. (2) If a Rural Committee specified in column 5 of Part II of Schedule 3 is a Rural Committee that falls within more than one District, for the purposes of subsection (1)(c), it is taken to be in the District specified opposite to it in column 2 of that Part. (3) The Chairman of each Rural Committee specified in column 5 of Part II of Schedule 3 is eligible under subsection (1)(c) to become ex officio member of the District Council specified opposite to it in column 3 of that Part. (4) Subsections (2) and (3) and Part II of Schedule 3 are without prejudice to any other law governing Rural Committees. DISTRICT COUNCILS ORDINANCE - SECT 10 An elected member or appointed member taken to have resigned on becoming an ex officio member VerDate:19/03/1999 If a person holding office as an elected member or appointed member of a District Council ("the first office") becomes entitled to hold office as an ex officio member of the same or another District Council ("the second office"), that person is taken to have resigned from the first office with effect immediately before the date on which the person commences to hold the second office. DISTRICT COUNCILS ORDINANCE - SECT 11 Chief Executive to appoint members and how long appointed members are to hold office VerDate:19/03/1999 PART IV MEMBERSHIP OF A DISTRICT COUNCIL Division 1-Appointed Members (1) The Chief Executive may appoint as members of a District Council a number of persons not exceeding the number specified in column 4 of Part I of Schedule 3 in relation to that District Council. (2) Subject to section 13, an appointed member holds office from the date specified in the letter of appointment and vacates office on 31 December of the year in which an ordinary election is next held after the appointment. DISTRICT COUNCILS ORDINANCE - SECT 12 Who may be appointed to a District Council VerDate:19/03/1999 A person is eligible for appointment as a member of a District Council only if the person- (a) has reached 21 years of age; and (b) is an elector; and (c) is not disqualified from voting at an election; and (d) is not disqualified from being an appointed member by virtue of section 14 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the appointment. DISTRICT COUNCILS ORDINANCE - SECT 13 Appointed members to accept office VerDate:19/03/1999 An appointment under section 11 or 16 does not take effect unless the person appointed swears acceptance of office in Form 1 set out in Schedule 4 and lodges the form of acceptance with the Designated Officer within the period specified for the purpose in the letter of appointment. DISTRICT COUNCILS ORDINANCE - SECT 14 Disqualification of appointed members VerDate:27/12/2002 (1) A person is disqualified for appointment and from holding office as an appointed member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office- (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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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 33 of 2002 s. 5) (2) An appointed member is also disqualified from holding office if the person 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. (Amended 33 of 2002 s. 5) (3) Subsection (2) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs. (Amended 33 of 2002 s. 5) (4) Subject to subsection (6), an appointed member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (7) An appointed member is also disqualified from holding office if the person was not eligible for appointment as a member under section 12. DISTRICT COUNCILS ORDINANCE - SECT 14 Disqualification of appointed members VerDate:03/03/2000 (1) A person is disqualified for appointment and from holding office as an appointed member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office- (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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) An appointed member is also disqualified from holding office 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. (3) Subsection (2) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (4) Subject to subsection (6), an appointed member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (7) An appointed member is also disqualified from holding office if the person was not eligible for appointment as a member under section 12. DISTRICT COUNCILS ORDINANCE - SECT 14 Disqualification of appointed members VerDate:19/03/1999 (1) A person is disqualified for appointment and from holding office as an appointed member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to commence within 5 years from the date of the person's conviction, has been convicted, or is convicted after the commencement of the term of office- (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 practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices 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 (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) An appointed member is also disqualified from holding office 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. (3) Subsection (2) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (4) Subject to subsection (6), an appointed member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (7) An appointed member is also disqualified from holding office if the person was not eligible for appointment as a member under section 12. DISTRICT COUNCILS ORDINANCE - SECT 15 How an appointed member can resign VerDate:19/03/1999 (1) An appointed member may at any time resign from office as an appointed member by giving written notice of resignation to the Designated Officer. (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 Designated Officer; or (b) if a later date is specified in the notice, on that later date. DISTRICT COUNCILS ORDINANCE - SECT 16 When appointed member's office becomes vacant and appointment of a substitute VerDate:19/03/1999 (1) An appointed member's office becomes vacant if the member- (a) dies; or (b) resigns in accordance with section 15 or is taken to have resigned under section 10; or (c) is disqualified under section 14 from holding office as an appointed member. (2) When the office of an appointed member becomes vacant under subsection (1), the Chief Executive may appoint another person to hold office as an appointed member in that member's place. (3) Subject to section 13, a person appointed under subsection (2) holds office from the date specified in the letter of appointment and vacates office on 31 December of the year in which an ordinary election is next held after the appointment. DISTRICT COUNCILS ORDINANCE - SECT 17 Ex officio members to accept office VerDate:19/03/1999 Division 2-Ex Officio Members (1) A person who is a Chairman of a Rural Committee does not become an ex officio member unless the person swears acceptance of office in Form 2 set out in Schedule 4 and lodges the form of acceptance with the Designated Officer. (2) A person who is a Chairman of a Rural Committee cannot accept office as an ex officio member in more than one District Council concurrently. DISTRICT COUNCILS ORDINANCE - SECT 18 When the office of ex officio member becomes vacant VerDate:19/03/1999 Where a person who is an ex officio member dies, ceases to hold office as Chairman of a Rural Committee or is disqualified from holding office as an ex officio member under section 19, the office of the ex officio member becomes vacant until that person or that person's successor as the Chairman of the Rural Committee becomes an ex officio member in accordance with section 17. DISTRICT COUNCILS ORDINANCE - SECT 19 Disqualification of ex officio members VerDate:27/12/2002 (1) A person who is a Chairman of a Rural Committee is disqualified from holding office as an ex officio member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office- (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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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 33 of 2002 s. 6) (2) An ex officio member is also disqualified from holding office if the person 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. (Amended 33 of 2002 s. 6) (3) Subsection (2) does not prevent a person from holding office as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs. (Amended 33 of 2002 s. 6) (4) Subject to subsection (6), an ex officio member is also disqualified from holding office until the members elected at the next ordinary election commence their term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. DISTRICT COUNCILS ORDINANCE - SECT 19 Disqualification of ex officio members VerDate:03/03/2000 (1) A person who is a Chairman of a Rural Committee is disqualified from holding office as an ex officio member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office- (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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) An ex officio member is also disqualified from holding office 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. (3) Subsection (2) does not prevent a person from holding office as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (4) Subject to subsection (6), an ex officio member is also disqualified from holding office until the members elected at the next ordinary election commence their term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. DISTRICT COUNCILS ORDINANCE - SECT 19 Disqualification of ex officio members VerDate:19/03/1999 (1) A person who is a Chairman of a Rural Committee is disqualified from holding office as an ex officio member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), where the term of office is to commence within 5 years from the date of the person's conviction, has been convicted, or is convicted after the commencement of the term of office- (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 practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices 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 (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) An ex officio member is also disqualified from holding office 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. (3) Subsection (2) does not prevent a person from holding office as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (4) Subject to subsection (6), an ex officio member is also disqualified from holding office until the members elected at the next ordinary election commence their term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. DISTRICT COUNCILS ORDINANCE - SECT 20 Who is eligible to be nominated as a candidate VerDate:19/03/1999 Division 3-Elected Members (1) A person is eligible to be nominated as a candidate at an election only if the person- (a) has reached 21 years of age; and (b) is an elector; and (c) is not disqualified from voting at an election; and (d) is not disqualified from being nominated as a candidate or elected as an elected member by virtue of section 21 or any other law; and (e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination. (2) A person who holds office as a member of a District Council is not eligible to be nominated in a by-election as a candidate. (3) A person who holds office as the Chairman of a Rural Committee is not eligible to be nominated as a candidate at an election. (4) 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. DISTRICT COUNCILS ORDINANCE - SECT 21 When person is disqualified from being nominated as a candidate and from being elected as an elected member VerDate:27/12/2002 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as an elected member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 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 ineligible to be a candidate or to be elected as an elected member because of the operation of this Ordinance or any other law; or (g) is a representative or a salaried functionary of the 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 level 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. (2) A person is also disqualified from being nominated as a candidate at an election if the person 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, 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. (3) A person is also disqualified from being elected as an elected member if the person 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, 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. (Amended 33 of 2002 s. 7) DISTRICT COUNCILS ORDINANCE - SECT 21 When person is disqualified from being nominated as a candidate and from being elected as an elected member VerDate:03/03/2000 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as an elected member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 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 ineligible to be a candidate or to be elected as an elected member because of the operation of this Ordinance or any other law; or (g) is a representative or a salaried functionary of the 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 level 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 an elected 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. DISTRICT COUNCILS ORDINANCE - SECT 21 When person is disqualified from being nominated as a candidate and from being elected as an elected member VerDate:19/03/1999 (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as an elected member, if the person- (a) is- (i) a judicial officer; or (ii) a prescribed public officer; 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 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 practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices 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 ineligible to be a candidate or to be elected as an elected member because of the operation of this Ordinance or any other law; or (g) is a representative or a salaried functionary of the 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 level 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 an elected 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. DISTRICT COUNCILS ORDINANCE - SECT 22 How long elected member is to hold office VerDate:19/03/1999 (1) An elected member holds office for a period of 4 years beginning on 1 January next following the ordinary election in which the member was elected and vacates office at the end of that period. (2) A person elected to fill a vacancy caused by an elected member's ("first elected member") office becoming vacant before the expiry of the full term, holds office from the date on which the result of the by-election at which the person was elected is declared and vacates office on the day the first elected member would have vacated office had that member served the full term. DISTRICT COUNCILS ORDINANCE - SECT 23 Elected members to accept office VerDate:19/03/1999 (1) A person who is elected to be a member is to be regarded as having accepted office unless the person gives written notice of non-acceptance to the Designated Officer not later than 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 Designated Officer and the person giving the notice is taken to have resigned from office as an elected member from that date. (4) If a person gives notice in accordance with this section, the Designated Officer 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. DISTRICT COUNCILS ORDINANCE - SECT 24 Disqualification of elected members VerDate:27/12/2002 (1) An elected member is disqualified from holding office if the member- (a) becomes- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), after being elected, is 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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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 33 of 2002 s. 8) (2) Subsection (1)(d) does not prevent a person from being eligible to be a candidate at an election to be held 5 years after the disqualification. (3) An elected member is also disqualified from holding office if the person 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. (Amended 33 of 2002 s. 8) (4) Subsection (3) does not prevent a person from being eligible to be a candidate at an election if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs. (Amended 33 of 2002 s. 8) (5) Subject to subsection (7), an elected member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (6) The disqualifying period under subsection (5) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (7) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (8) An elected member is also disqualified from holding office if the person was not eligible to be nominated as a candidate under section 20. DISTRICT COUNCILS ORDINANCE - SECT 24 Disqualification of elected members VerDate:03/03/2000 (1) An elected member is disqualified from holding office if the member- (a) becomes- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), after being elected, is 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) (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) Subsection (1)(d) does not prevent a person from being eligible to be a candidate at an election to be held 5 years after the disqualification. (3) An elected member is also disqualified from holding office 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. (4) Subsection (3) does not prevent a person from being eligible to be a candidate at an election if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (5) Subject to subsection (7), an elected member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (6) The disqualifying period under subsection (5) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (7) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (8) An elected member is also disqualified from holding office if the person was not eligible to be nominated as a candidate under section 20. DISTRICT COUNCILS ORDINANCE - SECT 24 Disqualification of elected members VerDate:19/03/1999 (1) An elected member is disqualified from holding office if the member- (a) becomes- (i) a judicial officer; or (ii) a prescribed public officer; 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 substituted for the sentence; or (ii) received a free pardon; or (c) has been convicted of treason; or (d) without limiting paragraph (b), after being elected, is 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 practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices 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 (e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or (f) 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 level or local level; or (g) 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) Subsection (1)(d) does not prevent a person from being eligible to be a candidate at an election to be held 5 years after the disqualification. (3) An elected member is also disqualified from holding office 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. (4) Subsection (3) does not prevent a person from being eligible to be a candidate at an election if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person's unsoundness of mind has ceased. (5) Subject to subsection (7), an elected member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period. (6) The disqualifying period under subsection (5) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent. (7) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent. (8) An elected member is also disqualified from holding office if the person was not eligible to be nominated as a candidate under section 20. DISTRICT COUNCILS ORDINANCE - SECT 25 How an elected member can resign VerDate:19/03/1999 (1) An elected member may at any time resign from office as an elected member by giving written notice of resignation to the Designated Officer. (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 Designated Officer; or (b) if a later date is specified in the notice, on that later date. DISTRICT COUNCILS ORDINANCE - SECT 26 When elected member's office becomes vacant VerDate:19/03/1999 An elected member's office becomes vacant if- (a) the member dies; or (b) the member resigns in accordance with section 25 or is taken to have resigned under section 10 or 23(3); or (c) the member is disqualified under section 24 from holding office as an elected member; or (d) the Court determines under section 55 that the member was not duly elected and that no other person was duly elected instead. DISTRICT COUNCILS ORDINANCE - SECT 27 Chief Executive to specify dates for holding ordinary elections VerDate:19/03/1999 PART V ELECTION OF MEMBERS TO A DISTRICT COUNCIL Division 1-When an Ordinary Election is to be Held (1) The first ordinary election must be held in 1999. (2) An ordinary election must be held in each subsequent fourth year after the first ordinary election is held under subsection (1). (3) The Chief Executive must determine a date for holding an ordinary election under this section and give notice of that date in the Gazette. (4) 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 elected members is to begin. DISTRICT COUNCILS ORDINANCE - SECT 28 Suspension of operation of District Councils to enable ordinary election to be held VerDate:19/03/1999 (1) After the Chief Executive determines a date for holding an ordinary election and gives notice under section 27(3), the Designated Officer may, to facilitate the holding of such election, determine a date with effect from which the operation of the District Councils is to be suspended until the commencement of the term of office of the members elected at that ordinary election. (2) The Designated Officer must give notice in the Gazette of the date determined by that Officer under subsection (1). (3) Subject to subsection (4), the operation of all District Councils and their committees stand suspended with effect from the date determined by the Designated Officer under subsection (1). (4) If the Designated Officer is of the opinion that circumstances so warrant, that Officer may permit or request a District Council or a committee to hold one or more meetings during the period of suspension. (5) Nothing in this section is to be construed as affecting the term of office of a person who is a member of a District Council when the operation of that District Council is suspended under this section. DISTRICT COUNCILS ORDINANCE - SECT 29 Who is entitled to vote at an election VerDate:19/03/1999 Division 2-Who May Vote at an Election (1) A person is entitled to vote at an election only if the person is an elector. (2) In the case of the first ordinary election, an elector is entitled to vote only in the constituency allocated to the elector by the Electoral Registration Officer under section 31. (3) In any subsequent ordinary election a person is entitled to vote only in the constituency (being a constituency declared under this Ordinance) for which the person is registered as an elector in the existing final register. (4) An elector is entitled to vote only once at an election. (5) In the first ordinary election an elector may not be prevented from voting in that election only because the elector's name should not have been included in the existing final register or the register referred to in section 31. (6) In any subsequent election, an elector may not be prevented from voting at an election only because the elector's name should not have been included in the existing final register. (7) Subsection (5) or (6) does not- (a) preclude the Court from making a determination under section 55; or (b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned. DISTRICT COUNCILS ORDINANCE - SECT 30 When an elector is disqualified from voting at an election VerDate:27/12/2002 An elector is disqualified from voting at an election if the elector- (a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (Cap 542); 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 substituted for the sentence; or (ii) received a free pardon; or (c) on the date of the election, is serving a sentence of imprisonment; or (d) without limiting paragraph (b), 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) (e) 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 (Amended 33 of 2002 s. 9) (f) is a member of the armed forces of the Central People's Government or any other country or territory. DISTRICT COUNCILS ORDINANCE - SECT 30 When an elector is disqualified from voting at an election VerDate:03/03/2000 An elector is disqualified from voting at an election if the elector- (a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (Cap 542); 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 substituted for the sentence; or (ii) received a free pardon; or (c) on the date of the election, is serving a sentence of imprisonment; or (d) without limiting paragraph (b), 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) (e) 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 (f) is a member of the armed forces of the Central People's Government or any other country or territory. DISTRICT COUNCILS ORDINANCE - SECT 30 When an elector is disqualified from voting at an election VerDate:19/03/1999 An elector is disqualified from voting at an election if the elector- (a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (Cap 542); 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 substituted for the sentence; or (ii) received a free pardon; or (c) on the date of the election, is serving a sentence of imprisonment; or (d) without limiting paragraph (b), where the election is to be held or is held within 3 years from the date of the elector'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 practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices 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 (e) 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 (f) is a member of the armed forces of the Central People's Government or any other country or territory. DISTRICT COUNCILS ORDINANCE - SECT 31 Electoral Registration Officer to publish register for the first ordinary election VerDate:19/03/1999 (1) In the case of the first ordinary election, the Electoral Registration Officer must- (a) allocate to an elector a constituency in which he is entitled to vote at that election, according to the elector's residential address as recorded in the existing final register; and (b) not later than 2 months before the date specified under section 27 for holding the first ordinary election, publish a register showing the constituency allocated to each elector under paragraph (a). (2) The Electoral Registration Officer may amend the register referred to in subsection (1) 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. DISTRICT COUNCILS ORDINANCE - SECT 32 Vacancy in membership of elected members of a District Council to be declared VerDate:19/03/1999 Division 3-Conduct of Elections (1) If a vacancy arises in the office of an elected member, the Designated Officer must, by notice published in the Gazette, declare the existence of the vacancy within 21 days after becoming aware of the vacancy. (2) Without limiting subsection (1), the Designated Officer must declare the existence of a vacancy 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 an elected member at the election. DISTRICT COUNCILS ORDINANCE - SECT 33 By-election to be held to fill vacancy in membership of District Councils VerDate:19/03/1999 (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 a District Council under section 32; and (b) on the making of a declaration under section 40(1) that the proceedings for the election for a constituency have been terminated; and (c) on the making of a declaration under section 39(2) that an election for a constituency has failed because no candidate has been validly nominated for the election; and (d) on the making of a declaration under section 40(3) that an election for a constituency has failed because of the death or disqualification of the successful candidate at the election. (2) However, a by-election to fill a vacancy occurring in the membership of a District Council is not to be held within the 4 months preceding the end of the current term of office of the elected members. DISTRICT COUNCILS ORDINANCE - SECT 34 What requirements are to be complied with by persons nominated as candidates VerDate:19/03/1999 (1) A person is not validly nominated as a candidate for an election 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 a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region. (2) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. DISTRICT COUNCILS ORDINANCE - SECT 35 Withdrawal of candidate's nomination VerDate:19/03/1999 (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. DISTRICT COUNCILS ORDINANCE - SECT 36 Who are validly nominated candidates VerDate:01/09/2007 (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) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency but before the date specified for holding 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)- (Amended 1 of 2007 s. 3) (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for that constituency. (3) Subsection (2) does not apply if the Returning Officer has publicly declared under section 39(1) that the candidate was duly elected as an elected member. (4) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency but before the date specified for holding 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- (Amended 1 of 2007 s. 3) (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for that constituency. (5) Subsection (4) does not apply if the Returning Officer has publicly declared under section 39(1) that the candidate was duly elected as an elected member. DISTRICT COUNCILS ORDINANCE - SECT 36 Who are validly nominated candidates VerDate:19/03/1999 (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) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency but before the date specified for holding 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)- (a) publicly declare that the candidate has died; and (b) further declare which candidate or candidates are validly nominated for election for that constituency. (3) Subsection (2) does not apply if the Returning Officer has publicly declared under section 39(1) that the candidate was duly elected as an elected member. (4) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency but before the date specified for holding 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- (a) publicly declare that the decision has been varied; and (b) further declare which candidate or candidates are validly nominated for election for that constituency. (5) Subsection (4) does not apply if the Returning Officer has publicly declared under section 39(1) that the candidate was duly elected as an elected member. DISTRICT COUNCILS ORDINANCE - SECT 37 Candidates entitled to send letters to electors free of postage VerDate:19/03/1999 (1) One letter, addressed to each elector in the constituency for which the candidate is validly nominated, may be sent free of postage by or on behalf of the candidate. (2) Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (3) The cost to the Postmaster General of enabling candidates to exercise their entitlements under this section is a charge on, and is payable from, the general revenue. DISTRICT COUNCILS ORDINANCE - SECT 38 When ordinary election can be postponed or adjourned VerDate:19/03/1999 (1) The Chief Executive may, by order, direct the postponement of an ordinary 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 an ordinary 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 an ordinary election, or the polling or counting of votes at an ordinary 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. DISTRICT COUNCILS ORDINANCE - SECT 39 What is to happen if insufficient candidates are nominated VerDate:19/03/1999 (1) If, after the close of nomination of candidates for election for a constituency, only one candidate has been validly nominated, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the candidate to be duly elected as an elected member. (2) If, after the close of nomination of candidates for election for a constituency, no candidate was validly nominated, the Returning Officer must, by notice published in the Gazette, declare the election to have failed. DISTRICT COUNCILS ORDINANCE - SECT 40 When election proceedings are terminated or when an election fails VerDate:01/09/2007 (1) If, on the day specified for the holding 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 1 of 2007 s. 4) (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 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 1 of 2007 s. 4) (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 to have failed. DISTRICT COUNCILS ORDINANCE - SECT 40 When election proceedings are terminated or when an election fails VerDate:19/03/1999 (1) If, on the day specified for the holding 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 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. (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 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. (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 to have failed. DISTRICT COUNCILS ORDINANCE - SECT 41 System of voting and counting of votes VerDate:01/09/2007 (1) At every election which is contested- (a) a poll shall be taken in each constituency or constituencies in which the election is held; and (b) the voting at that poll shall be by secret ballot; and (c) the election shall be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (2) The votes shall be given and counted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby the elector shall vote for not more than one of the candidates and the candidate to whom the greatest number of votes have been given shall be declared by the Returning Officer as the only candidate to be elected. (3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots. The person on whom the lot falls must be determined by the Returning Officer to be the elected member for the constituency concerned. (4) As soon as practicable after determining the result of the election, the Returning Officer must publicly declare as elected the candidate who was successful at the election. (5) Despite subsection (4), if, before declaring the result of an election for a constituency, proof is given to the satisfaction of the Returning Officer that the candidate who was successful at the election has died or is disqualified from being elected, that Officer- (Amended 1 of 2007 s. 5) (a) must not declare that candidate as elected; and (b) must publicly declare, under section 40(3), that the election has failed. DISTRICT COUNCILS ORDINANCE - SECT 41 System of voting and counting of votes VerDate:19/03/1999 (1) At every election which is contested- (a) a poll shall be taken in each constituency or constituencies in which the election is held; and (b) the voting at that poll shall be by secret ballot; and (c) the election shall be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (2) The votes shall be given and counted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby the elector shall vote for not more than one of the candidates and the candidate to whom the greatest number of votes have been given shall be declared by the Returning Officer as the only candidate to be elected. (3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots. The person on whom the lot falls must be determined by the Returning Officer to be the elected member for the constituency concerned. (4) As soon as practicable after determining the result of the election, the Returning Officer must publicly declare as elected the candidate who was successful at the election. (5) Despite subsection (4), if, before declaring the result of an election for a constituency, it comes to the knowledge of the Returning Officer that the candidate who was successful at the election has died or is disqualified from being elected, that Officer- (a) must not declare that candidate as elected; and (b) must publicly declare, under section 40(3), that the election has failed. DISTRICT COUNCILS ORDINANCE - SECT 42 Consequences of non-compliance with requirements of this Ordinance VerDate:19/03/1999 In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of- (a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or (b) a mistake in the use of a nomination form, if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (Cap 541) and that the failure to comply or mistake did not affect the result of the election. DISTRICT COUNCILS ORDINANCE - SECT 43 Misnomer or inaccuracy not to affect operation of election document VerDate:19/03/1999 (1) A misnomer or inaccurate description of a person, a person's identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood. (2) This section applies to a register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election. DISTRICT COUNCILS ORDINANCE - SECT 44 Election to be presumed to be valid VerDate:19/03/1999 Every election is presumed to be valid until it is questioned by an election petition within the period permitted by section 53 and the Court, on the hearing of the petition, determines that the election is invalid. DISTRICT COUNCILS ORDINANCE - SECT 45 Election not to be questioned only because of defect in the appointment of an electoral officer VerDate:19/03/1999 An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election. DISTRICT COUNCILS ORDINANCE - SECT 46 Returning Officer to publish result of election VerDate:19/03/1999 (1) The Returning Officer for an election to return an elected member for a constituency must publish in the Gazette a notice declaring that the candidate returned at the election is the elected member duly elected for the constituency. (2) The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). DISTRICT COUNCILS ORDINANCE - SECT 47 Offences by electoral officers with respect to conduct of election VerDate:19/03/1999 (1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2. (2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice. (3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence. DISTRICT COUNCILS ORDINANCE - SECT 48 Elector not to be required to disclose how vote was cast VerDate:19/03/1999 (1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question. (2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election. (3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2. DISTRICT COUNCILS ORDINANCE - SECT 49 Election may be questioned only by election petition made on specified grounds VerDate:03/03/2000 Division 4-Election Petitions (1) An election to return an elected member may be questioned only on the following grounds- (a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) to have been elected as an elected member at the election was not duly elected because- (i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or (ii) corrupt or illegal conduct was engaged in by or in respect of that person at or in connection with the election; or (Amended 10 of 2000 s. 47) (iii) corrupt or illegal conduct was generally prevalent at or in connection with the election; or (Amended 10 of 2000 s. 47) (iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or (b) a ground specified in any other enactment that enables an election to be questioned. (2) An election to return an elected member may be questioned only by an election petition lodged under section 50. (3) In this section- "corrupt or illegal conduct" (舞弊或非法行為) means corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); "election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer. (Replaced 10 of 2000 s. 47) "corrupt or illegal conduct" (舞弊或非法行為) "election" (選舉) DISTRICT COUNCILS ORDINANCE - SECT 49 Election may be questioned only by election petition made on specified grounds VerDate:19/03/1999 Division 4-Election Petitions (1) An election to return an elected member may be questioned only on the following grounds- (a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) to have been elected as an elected member at the election was not duly elected because- (i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or (ii) a corrupt practice or an illegal practice was engaged in by or in respect of that person at or in connection with the election; or (iii) a corrupt practice or an illegal practice was generally prevalent at or in connection with the election; or (iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or (b) a ground specified in any other enactment that enables an election to be questioned. (2) An election to return an elected member may be questioned only by an election petition lodged under section 50. (3) In this section, "election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer. "election" (選舉) DISTRICT COUNCILS ORDINANCE - SECT 50 Who may lodge election petition VerDate:19/03/1999 An election petition may be lodged- (a) by 10 or more electors entitled to vote in the relevant constituency; or (b) by a person claiming to have been a candidate in the relevant constituency. DISTRICT COUNCILS ORDINANCE - SECT 51 Who may be made respondent to election petition VerDate:19/03/1999 Any person whose election is questioned by an election petition and the Returning Officer in respect of the election may be made a respondent to the petition. DISTRICT COUNCILS ORDINANCE - SECT 52 Court to have jurisdiction to determine election petitions VerDate:19/03/1999 (1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction. (2) An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge. (3) The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions. DISTRICT COUNCILS ORDINANCE - SECT 53 Period within which election petition is to be lodged VerDate:19/03/1999 An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette. DISTRICT COUNCILS ORDINANCE - SECT 54 Court may direct security to be given for costs VerDate:19/03/1999 (1) Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner's behalf or to any respondent. (2) The amount of security to be given under this section is to be of such amount, not exceeding $20000, as the Court directs. That amount is to be provided in such manner and form as the Court directs. (3) An election petition is taken to have been withdrawn if this section is not complied with. DISTRICT COUNCILS ORDINANCE - SECT 55 Court to determine election petition 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) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Returning Officer as to the validity of a nomination was correct and, if not correct, determine whether the person declared by that Officer to have been elected in that election was or was not duly elected. (2) At the end of the trial of an election petition that relates to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead. (3) At the end of the trial of an election petition, the Court must certify the determination of the Court in writing. The judge must sign the certificate and ensure that the seal of the Court is applied to the certificate. The determination as certified is final as to the matters at issue concerning the election petition. (4) The Registrar of the High Court must arrange for a copy of the certificate of the Court to be delivered to the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission and the Director of Home Affairs. (Amended L.N. 130 of 2007) (5) The Court may, on its own initiative, provide the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission or the Director of Home Affairs with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported. (Amended L.N. 130 of 2007) (6) The Court must comply with any request made by the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission or the Director of Home Affairs to provide a report on any specified matter arising from the trial of an election petition. (Amended L.N. 130 of 2007) (7) If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct. (Added 10 of 2000 s. 47) DISTRICT COUNCILS ORDINANCE - SECT 55 Court to determine election petition VerDate:03/03/2000 (1) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Returning Officer as to the validity of a nomination was correct and, if not correct, determine whether the person declared by that Officer to have been elected in that election was or was not duly elected. (2) At the end of the trial of an election petition that relates to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead. (3) At the end of the trial of an election petition, the Court must certify the determination of the Court in writing. The judge must sign the certificate and ensure that the seal of the Court is applied to the certificate. The determination as certified is final as to the matters at issue concerning the election petition. (4) The Registrar of the High Court must arrange for a copy of the certificate of the Court to be delivered to the Secretary for Constitutional Affairs, the Electoral Affairs Commission and the Director of Home Affairs. (5) The Court may, on its own initiative, provide the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported. (6) The Court must comply with any request made by the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs to provide a report on any specified matter arising from the trial of an election petition. (7) If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct. (Added 10 of 2000 s. 47) DISTRICT COUNCILS ORDINANCE - SECT 55 Court to determine election petition VerDate:19/03/1999 (1) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Returning Officer as to the validity of a nomination was correct and, if not correct, determine whether the person declared by that Officer to have been elected in that election was or was not duly elected. (2) At the end of the trial of an election petition that relates to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead. (3) At the end of the trial of an election petition, the Court must certify the determination of the Court in writing. The judge must sign the certificate and ensure that the seal of the Court is applied to the certificate. The determination as certified is final as to the matters at issue concerning the election petition. (4) The Registrar of the High Court must arrange for a copy of the certificate of the Court to be delivered to the Secretary for Constitutional Affairs, the Electoral Affairs Commission and the Director of Home Affairs. (5) The Court may, on its own initiative, provide the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported. (6) The Court must comply with any request made by the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs to provide a report on any specified matter arising from the trial of an election petition. DISTRICT COUNCILS ORDINANCE - SECT 56 What happens if election petition is withdrawn VerDate:19/03/1999 (1) Subject to section 54(3), a petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court. (2) At the hearing of an application for leave referred to in subsection (1)- (a) any person who could have lodged an election petition in respect of the election concerned, or the Secretary for Justice, may apply to the Court to be substituted as petitioner; and (b) the Court may, if it thinks appropriate, accordingly substitute that person or the Secretary for Justice. (3) If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given by or on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner's sureties, if any) is to be liable to pay the costs of the substituted petitioner. (4) If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 54 in the case of an original election petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice. (5) Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner. (6) If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition. (7) The petitioner is liable to pay the costs of the respondent if- (a) the election petition is withdrawn or abandoned; or (b) the petition is taken to have been withdrawn under section 54(3); or (c) the petitioner ceases to prosecute the petition. (8) If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners. (9) Any person who- (a) contravenes subsection (1); or (b) without reasonable excuse, fails to comply with subsection (6), commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. DISTRICT COUNCILS ORDINANCE - SECT 57 When an election petition is terminated VerDate:19/03/1999 (1) If an election petition is lodged by one person, the petition is terminated by that person's death. (2) If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner dies. (3) The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred. (4) On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner. (5) The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner. DISTRICT COUNCILS ORDINANCE - SECT 58 When respondent can withdraw from election petition proceedings and be substituted VerDate:19/03/1999 (1) If, before the trial of an election petition, a respondent other than a Returning Officer- (a) dies, resigns or otherwise ceases to hold the office to which the petition relates; or (b) gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition, that Registrar must publish in the Gazette a notice of that fact. (2) Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition. (3) A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition. DISTRICT COUNCILS ORDINANCE - SECT 59 Acts of person not invalid if declared not to be elected VerDate:19/03/1999 The certification by the Court of a determination under section 55(3) that a person who was originally declared to have been elected at an election has not been duly elected does not invalidate acts purporting to have been done by the person as an elected member before the certificate is received by the Designated Officer. DISTRICT COUNCILS ORDINANCE - SECT 60 What is to happen if an elected member is determined not to have been duly elected VerDate:19/03/1999 (1) If, on the hearing of an election petition, the Court determines that a person who was originally declared to have been elected as an elected member at an election was not duly elected, that person ceases to be an elected member and, subject to subsection (2), that person's office as an elected member becomes vacant from the date of the determination. (2) If, on the hearing of an election petition, the Court determines that a person was duly elected as an elected member in place of a person that the Court has determined not to have been duly elected at the election, the first-mentioned person becomes an elected member from the date of the determination. DISTRICT COUNCILS ORDINANCE - SECT 60A Interpretation: Part VA VerDate:01/09/2007 PART VA FINANCIAL ASSISTANCE FOR CANDIDATES IN RESPECT OF ELECTION EXPENSES (1) In this Part— “auditor” (核數師) means a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50); “Chief Electoral Officer” (總選舉事務主任) means the Chief Electoral Officer appointed under section 9 of the Electoral Affairs Commission Ordinance (Cap 541); “claim” (申索) means a claim for financial assistance payable under this Part; “declared election expenses” (申報選舉開支) means, in relation to a candidate, the amount set out as election expenses incurred by the candidate in the election return lodged for the relevant election; “disqualified candidate” (喪失資格的候選人) means a candidate in respect of whom proof is given to the satisfaction of the Returning Officer under section 40(2) that the candidate is disqualified from being elected; “elected as an elected member” (當選為民選議員), in relation to a candidate, means— (a) a candidate who is declared to be duly elected in a notice published under section 46, unless he or she is determined under section 55(1) or (2) to be not duly elected; (b) a deceased candidate who is found to be successful at the election under section 40(3), unless proof is given to the satisfaction of the Returning Officer under section 40(2) that he or she is disqualified from being elected; or (c) a candidate who becomes an elected member under section 60(2); “election return” (選舉申報書) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); “eligible candidate” (合資格候選人) means a candidate who is eligible for financial assistance under section 60C(a) or (b); “political party” (政黨) means— (a) a political body or organization operating in Hong Kong, that purports to be a political party; or (b) a body or organization the principal function or main object of which is to promote or prepare a candidate for election as a Member of the Legislative Council or as a member of any District Council; “specified rate” (指明資助額) means the amount specified in Schedule 7. (2) Subject to any determination the Court may make on the validity of a vote in the course of determining an election petition, for the purposes of this Part— (a) the total number of valid votes cast in any constituency is the total number of ballot papers containing valid votes received in that constituency; and (b) the total number of valid votes cast for a candidate for such a constituency is the total number of ballot papers containing valid votes cast for that candidate. (3) For the purposes of section 60D(2)(a), the number of registered electors for a constituency is the number of electors registered for that constituency in the final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (Cap 542) which is in force at the time the election is held. (Part VA added 1 of 2007 s. 6) “auditor” (核數師) “Chief Electoral Officer” (總選舉事務主任) “claim” (申索) “declared election expenses” (申報選舉開支) “disqualified candidate” (喪失資格的候選人) “elected as an elected member” (當選為民選議員) “election return” (選舉申報書) “eligible candidate” (合資格候選人) “political party” (政黨) “specified rate” (指明資助額) DISTRICT COUNCILS ORDINANCE - SECT 60B Financial assistance payable to candidates VerDate:01/09/2007 (1) An eligible candidate is entitled to financial assistance in the form of a monetary payment, in accordance with this Part, in respect of the declared election expenses of that candidate for an election. (2) Subject to this Part, financial assistance is payable to an eligible candidate whether or not that candidate— (a) represents a political party or an organization that is not a political party; or (b) is an independent candidate. (3) An amount payable as financial assistance is payable whether or not the declared election expenses have been paid or are due for payment in whole or in part. (4) For the avoidance of doubt, it is stated that financial assistance payable under this Part is not an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60C Eligibility for financial assistance VerDate:01/09/2007 A candidate for a constituency is eligible for financial assistance only if he is— (a) a candidate who is elected as an elected member; or (b) a candidate who is not elected as an elected member but who— (i) is not a disqualified candidate; and (ii) obtains at least 5% of the total number of valid votes cast in the constituency concerned. (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60D Amount payable as financial assistance VerDate:01/09/2007 (1) If the election for a constituency is contested, the amount payable as financial assistance to a candidate is the lower of the following amounts— (a) the amount obtained by multiplying the total number of valid votes cast for the candidate by the specified rate; (b) 50% of the declared election expenses of the candidate. (2) If the election for a constituency is uncontested, the amount payable as financial assistance to a candidate is the lower of the following amounts— (a) the amount obtained by multiplying 50% of the number of registered electors for the constituency by the specified rate; (b) 50% of the declared election expenses of the candidate. (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60E Entitlement to financial assistance not affected by failure of election, but financial assistance not payable if election proceedings are terminated VerDate:01/09/2007 (1) A declaration by the Returning Officer under section 40(3) that an election has failed does not affect any entitlement to financial assistance under this Part. (2) If the proceedings for an election are terminated under section 40(1), financial assistance is not payable in respect of that election. (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60F Financial assistance to be paid out of general revenue VerDate:01/09/2007 An amount payable as financial assistance under this Part is a charge on, and is to be met from, the general revenue. (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60G Recovery of payment of financial assistance VerDate:01/09/2007 (1) Where a payment of financial assistance is made under this Part and the recipient is not entitled to receive the whole or part of the amount paid— (a) the Chief Electoral Officer shall give a written notice to the recipient requiring repayment of the whole or part, as the case may be, of the amount paid; and (b) the recipient must repay the whole or part, as the case may be, of the amount paid, to the Government within 3 months after the date of the notice, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (2) Any amount that is not repaid under subsection (1) may be recovered as a civil debt due to the Government. (3) If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that deceased person is liable to the extent of the deceased person’s liability. (4) In any proceedings for the purposes of subsection (2), a certificate signed by the Chief Electoral Officer, stating, in relation to a payment of financial assistance under this Part, the amount, the date and the recipient of the payment is admissible as evidence of the matters stated in the certificate. (Part VA added 1 of 2007 s. 6) DISTRICT COUNCILS ORDINANCE - SECT 60H How financial assistance is to be claimed and paid VerDate:01/09/2007 (1) A claim must be— (a) presented to the Chief Electoral Officer within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) for lodging an election return; and (b) accompanied by an election return. (2) A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541). (3) Without limiting the generality of subsection (2), the Chief Electoral Officer may appoint an auditor to assist in verifying any claim (including the auditing of the accounts in the election return accompanying the claim). (4) A payment