Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 60A

Interpretation: Part VA

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)