Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 58

Proceedings against persons on grounds of disqualification

PART 7

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
Village Representative on the ground that the person is disqualified from
acting as a Village Representative.

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

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

   (a)  make a declaration to that effect;

   (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 Village  Representative while
disqualified from acting as a Village Representative, 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, or
claimed to have been entitled to act, as a Village  Representative while
disqualified from acting as a Village Representative 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 Village Representative if the person-

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

   (b)  has ceased to hold the office of village representative for a Village.