Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 79

Proceedings against persons on grounds of disqualification

PART VIII

LEGAL PROCEEDINGS

(1) The Secretary for Justice may bring proceedings in the Court against any
person who is acting or claims to be entitled to act, as a member on the
ground that the person is disqualified from acting as such.

(2) Proceedings under this section may not be brought after 6 months from the
date on which the person concerned acted or claimed to be entitled to act as a
member.

(3) If, in proceedings brought under this section, it is proved that the
defendant acted as a member while disqualified from acting in that office, the
Court may-

   (a)  make a declaration to that effect; and

   (b)  grant an injunction restraining the defendant from so acting; and

   (c)  order the defendant to pay to the Government such sum as the Court
        thinks appropriate, not exceeding $5000 for each occasion on which the
        person so acted while disqualified.

(4) If, in proceedings brought under this section, it is proved that the
defendant claimed to be entitled to act as a member while disqualified from
acting in that office, the Court may-

   (a)  make a declaration to that effect; and

   (b)  grant an injunction restraining the defendant from so acting.

(5) Proceedings against a person on the ground that the person has acted,
while disqualified from acting, or claimed to have been entitled to act, as a
member may be brought only in accordance with this section and by the
Secretary for Justice.

(6) For the purposes of this section, a person is disqualified from acting as
a member if the person-

   (a)  is not qualified to be, or is disqualified from being, a member; or

   (b)  has ceased to hold office as a member.