Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires-

"Assistant Electoral Registration Officer" (助理選舉登記主任) means a
person holding office as an Assistant Electoral Registration Officer under
section 51, and includes any person appointed to act in place of such an
Officer when the Officer is absent or the office is vacant;

"Assistant Returning Officer" (助理選舉主任) means a person holding
office as an Assistant Returning Officer under section 54, and includes any
person appointed to act in place of such an Officer when the Officer is absent
or the office is vacant;

"candidate" (候選人) means a candidate who is nominated for election as a
Village Representative;

"Composite Indigenous Village" (共有代表鄉村) means a community-

   (a)  the name of which is specified in column 1 of Schedule 3; and

   (b)  which is composed of 2 or more villages-

        (i)    the names of which are specified in column 2 of Schedule 3
               opposite the name mentioned in paragraph (a); and

        (ii)   which are identified by either or both of the following- (A)
               the particulars of the villages shown in the Index; (B) the
               particulars of the villages contained in any record described
               in the Index;

"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);

"Court" (法庭) means the Court of First Instance;

"Director" (署長) means the Director of Home Affairs;

"EAC Regulations" (選管會規例) means regulations made under section 7 of
the Electoral Affairs Commission Ordinance ( Cap 541);

"elected" (當選) means elected as a Village Representative under this
Ordinance;

"election" (選舉) means a village ordinary election or a
village by-election;

"election petition" (選舉呈請、選舉呈請書) means an
election petition lodged under Part 5;

"elector" (選民), in relation to a Village, means a person who-

   (a)  is registered as an elector for the Village in the final  register for
        that Village; and

   (b)  is not disqualified from being so registered or from voting at an
        election for the Village;

"Electoral Affairs Commission" (選管會) 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) means-

   (a)  a Returning Officer;

   (b)  an Assistant Returning Officer;

   (c)  the Electoral Registration Officer;

   (d)  an Assistant Electoral Registration Officer; or

   (e)  any other person-

        (i)    who is appointed under this Ordinance or the Electoral Affairs 
               Commission Ordinance ( Cap 541) to perform functions at or in
               connection with an election; or

        (ii)   through whom the Electoral Affairs Commission, pursuant to
               section 9A of the Electoral Affairs Commission Ordinance (
               Cap 541), performs its functions at or in connection with an
               election;

"Electoral Registration Officer" (選舉登記主任) means the person holding
office as the Electoral Registration Officer under section 51, and includes
any person appointed to act in place of the Officer when the Officer is absent
or the office is vacant;

"Existing Village" (現有鄉村) means a village-

   (a)  the name of which is specified in column 1 of Schedule 1; and

   (b)  the area of which is coloured pink and edged red on the map that bears
        the number specified in column 2 of Schedule 1 opposite that name;

"final register" (正式選民登記冊), in relation to a Village, means the
final  register of electors for the Village as compiled and published under
section 17(1)(b);

"first final register" (首份正式選民登記冊), in relation to a
Village, means the first final register for the Village as compiled and
published after the commencement of section 17(1)(b);

"first provisional register" (首份臨時選民登記冊), in relation to a
Village, means the first provisional register for the Village as compiled and
published after the commencement of section 17(1)(a);

"first village ordinary election" (首屆鄉村一般選舉), in relation to a
Village, means the first election to be held after the commencement of
section 20 to elect a person as a Village Representative for the Village;

"identity card" (身分證) means-

   (a)  an identity card issued to a person under the Registration of 
        Persons Ordinance ( Cap 177); or

   (b)  any other document issued to a person under that Ordinance certifying
        that the person is exempt from being required to register under that
        Ordinance;

"identity document" (身分證明文件) means-

   (a)  an identity card; or

   (b)  any other document issued to a person that is acceptable to the
        Electoral Registration Officer as proof of the person's identity;

"Index" (索引) means the Index of Villages for Electing Indigenous 
Inhabitant Representatives that-

   (a)  has been compiled by the Director, before the commencement of
        section 4, for the villages the names of which are specified in column
        1 of Schedule 2 or in column 2 of Schedule 3; and

   (b)  shows, in relation to each of those villages, the name of the village
        and either or both of the following-

        (i)    other particulars of the village by which the village is
               identified;

        (ii)   the description of any record kept in the office of the
               Director, or any District Officer in the Home Affairs
               Department, that contains particulars of the village by which
               the village is identified, as amended under section 4 from time
               to time;

"indigenous inhabitant" (原居民)-

   (a)  in relation to an Indigenous Village that existed in 1898 (whether or
        not the name the Village now has is the same name it had in 1898),
        means-

        (i)    a person who was in 1898 a resident of the Village; or

        (ii)   a person who is descended through the male line from a person
               mentioned in subparagraph (i);

   (b)  in relation to an Indigenous Village that branched off from an
        Indigenous Village that existed in 1898 (whether or not the name the
        Village now has is the same name it had in 1898), means-

        (i)    a person- (A) who was at the time of the branching off a
               resident of the first-mentioned Indigenous Village; and (B) who
               was an indigenous inhabitant of the second-mentioned
               Indigenous Village; or

        (ii)   a person who is descended through the male line from a person
               mentioned in subparagraph (i);

   (c)  in relation to a Composite Indigenous Village, means-

        (i)    a person who was in 1898 a resident of any of the villages of
               which the Village is composed; or

        (ii)   a person who is descended through the male line from a person
               mentioned in subparagraph (i);

"Indigenous Inhabitant Representative" (原居民代表)-

   (a)  in relation to an Indigenous Village, means a holder of the office of
        indigenous inhabitant representative established for the Village under
        section 6(1);

   (b)  in relation to a Composite Indigenous Village, means a holder of the
        office of indigenous inhabitant representative established for the
        Village under section 6(2);

"Indigenous Village" (原居鄉村) means a village-

   (a)  the name of which is specified in column 1 of Schedule 2; and

   (b)  which is identified by either or both of the following-

        (i)    the particulars of the village shown in the Index;

        (ii)   the particulars of the village contained in any record
               described in the Index;

"judicial officer" (司法人員) means the holder of a judicial office within
the meaning of section 2 of the Public Service Commission Ordinance ( Cap 93);

"office of village representative" (村代表職位)-

   (a)  in relation to an Existing Village, means the office of
        resident representative established for the Village under
        section 5(1);

   (b)  in relation to an Indigenous Village, means the office of
        indigenous inhabitant representative established for the Village under
        section 6(1);

   (c)  in relation to a Composite Indigenous Village, means the office of
        indigenous inhabitant representative established for the Village under
        section 6(2);

"principal residential address" (主要住址), in relation to a person, means
the address of the dwelling place at which the person resides and which
constitutes the person's sole or main home;

"provisional register" (臨時選民登記冊), in relation to a Village,
means the provisional register of electors for the Village as compiled and
published under section 17(1)(a);

"registered" (已登記) means registered as an elector for a Village in
accordance with this Ordinance;

"resident" (居民), in relation to an Existing Village, means a person whose
principal residential address is in the Village;

"Resident Representative" (居民代表), in relation to an Existing Village,
means a holder of the office of resident representative established for the
Village under section 5(1);

"Returning Officer" (選舉主任), in relation to a Village, means a person
holding office as the Returning Officer for the Village under section 54, and
includes any person appointed to act in place of the Officer when the Officer
is absent or the office is vacant;

"Revising Officer" (審裁官) means a person holding office as a Revising 
Officer under section 53, and includes any person appointed to act in place of
such an Officer when the Officer is absent or the office is vacant;

"Rural Committee" (鄉事委員會) has the meaning given by section 3(3)(a)
of the Heung Yee Kuk Ordinance ( Cap 1097);

"Secretary" (局長) means the Secretary for Home Affairs;

"spouse" (配偶) includes a concubine;

"surviving spouse" (尚存配偶), in relation to an indigenous inhabitant,
means a person who survives the indigenous inhabitant as his spouse at the
time of his death and has not since his death entered into-

   (a)  a marriage celebrated or contracted in accordance with the provisions
        of the Marriage Ordinance ( Cap 181); or

   (b)  a marriage celebrated or contracted outside Hong Kong in accordance
        with the law in force at the time and in the place where the marriage
        was performed,
with another person;

"village" (村) includes a community;

"Village" (鄉村) means an Existing Village, an Indigenous Village or a
Composite Indigenous Village;

"village by-election" (鄉村補選), in relation to a Village, means an
election to elect a person as a Village Representative for the Village,
otherwise than at a village ordinary election for the Village;

"village ordinary election" (鄉村一般選舉), in relation to a Village,
means-

   (a)  the first village ordinary election for the Village; or

   (b)  where the office of village representative for the Village is vacated
        in accordance with section 7(2)(b) or (3)(b), an election to elect a
        person as a Village Representative for the Village to fill the
        vacancy;

"Village Representative" (村代表)-

   (a)  in relation to an Existing Village, means a Resident  Representative
        for the Village;

   (b)  in relation to an Indigenous Village or a Composite Indigenous 
        Village, means an Indigenous Inhabitant Representative for the
        Village.

(2) In this Ordinance, a reference to a function includes a reference to a
power and a duty and, accordingly, a reference to the performance of a
function includes a reference to the exercise of a power and the discharge of
a duty.

"Assistant Electoral Registration Officer" (助理選舉登記主任)

"Assistant Returning Officer" (助理選舉主任)

"candidate" (候選人)

"Composite Indigenous Village" (共有代表鄉村)

"corrupt or illegal conduct" (舞弊或非法行為)

"Court" (法庭)

"Director" (署長)

"EAC Regulations" (選管會規例)

"elected" (當選)

"election" (選舉)

"election petition" (選舉呈請、選舉呈請書)

"elector" (選民)

"Electoral Affairs Commission" (選管會)

"electoral officer" (選舉事務主任)

"Electoral Registration Officer" (選舉登記主任)

"Existing Village" (現有鄉村)

"final register" (正式選民登記冊)

"first final register" (首份正式選民登記冊)

"first provisional register" (首份臨時選民登記冊)

"first village ordinary election" (首屆鄉村一般選舉)

"identity card" (身分證)

"identity document" (身分證明文件)

"Index" (索引)

"indigenous inhabitant" (原居民)

"Indigenous Inhabitant Representative" (原居民代表)

"Indigenous Village" (原居鄉村)

"judicial officer" (司法人員)

"office of village representative" (村代表職位)

"principal residential address" (主要住址)

"provisional register" (臨時選民登記冊)

"registered" (已登記)

"resident" (居民)

"Resident Representative" (居民代表)

"Returning Officer" (選舉主任)

"Revising Officer" (審裁官)

"Rural Committee" (鄉事委員會)

"Secretary" (局長)

"spouse" (配偶)

"surviving spouse" (尚存配偶)

"village" (村)

"Village" (鄉村)

"village by-election" (鄉村補選)

"village ordinary election" (鄉村一般選舉)

"Village Representative" (村代表)-