DISTRICT BOARDS (URBAN COUNCIL AREA) CONSTITUENCIES (NUMBER OF VACANCIES) ORDER

DISTRICT BOARDS (URBAN COUNCIL AREA)
CONTITUENCIES (NUMBER OF VACANCIES)
ORDER

(Cap. 367, section 3(1)(d)


[24 December 1987]

L.N. 415/87 -R. Ed. 1987, L.N. 87/88

Citation

1. This order may be cited as the District Boards (Urban Council Area) Constituencies
(Number of Vacancies) Order.

Vacancies in District Boards (Urban Council Area) constituencies

2. For the purposes of any election held on or after 1 March 1988, the number of
vacancies for members in each constituency declared in the Declaration of Constituencies
(District Boards) Order (Cap. 367, sub. leg.) and named in the third column of the Schedule
is declared to be the number specified opposite to that constituency in the fourth column
thereof.

SCHEDULE [para. 21

DISTRICTBoARDS (URBAN COUNCIL AREA) CONSTITUENCIES

VACANCIES FOR MEMBERS

Name of Nameof Number of
Item District Constituency Area Vacancies

1 Central and Western (a) Mid Levels and Peak 2
(b) Chung Wan 2
(c) Sheung Wan 2
(d) Sai Ying Pun West 1
(e) Kennedy Town East 2
(f) Sai Ying Pun East 2
(g) Kennedy Town West and Mount Davis 2
(13)
2. Eastern (a) Causeway Bay North 2
(b) Causeway Bay South 2
(c) North Point East 2
(d) North Point South 1
(e) Quarry Bay South 2
(j) Chai Wan North 2
(g) Chai Wan South 2
(h) A Kung Ngam 1
(i) Shau Kei Wan 1
(j) Sai Wan Ho 1
(k) Quarry Bay North 2
(1) Chai Wan West 2
(m) North Point North 2

(22)





Nameof Name of Number of
Item District Constituency Area Vacancies

3. Kowloon City (a) Lung Shing 2

(b) Kowloon Tong and Ma Tau Wai 2

(c) Ho Man Tin North 2
(d) Ho Man Tin South 2
(e) To Kwa Wan North 2
(f) To Kwa Wan South 2
(g) Hung Hom North 2
(h) Hung Hom South 2
(16)
4. Kwun Tong (a) Ping Shek and Kai Yip 2
(b) Ngau Tau Kok West 2
(c) Ngau Tau Kok East 2
(d) Ting Hong 2

(e) Kwun Tong Town and Industrial Area 2

(f) Tsui Ping 1
(g) Shun Lee Area 2
(h) Sau Mau Ping North 2
(i) Sau Mau Ping South 2
(j) Lam Tin North 2
(k) Lam Tin South 1
(1) Yau Tong and Sze Shan 2
(m) Ngau Tau Kok North 2
(24)
5. Mong Kok (a) Mong Kok East 1
(b) Mong Kok North 2
(c) Mong Kok South 2
(d) Mong Kok West 2
(e) Tai Kok Tsui 2
Sycamore 1
(10)
6. Sham Shui Po (a) Nam Shan and Yau Yat Chuen 2
(b) Pak Tin 2
(c) Nam Cheong West 2
(d) Nam Cheong East 2
(e) Shek Kip Mei 1
(f) Nam Cheong North 1
(9) Lai Chi Kok and Un Chau 2
(h) Lai Wan 2
(i) Lei Cheng Uk and So Uk 2
(j) Cheung Sha Wan 2
(18)
7. Southern (a) Aberdeen and Harbour 1
(b) Pok Fu Lam 2
(c) Tin Wan and Shek Pai Wan 2
(d) Wah Fu 2
(e) Wong Chuk Hang 2
(f) Stanley, Shek 0 and Bays 2
(g) Ap Lei Chau 2
(13)





Nameof Nameof Number of
Item District Constituency Area Vacancies
8. Wan Chai (a) Causeway Bay Central 2
(b) Happy Valley 2
(c) Tai Hang and So Kon Po 2
(d) Wan Chai East 2
(e) Wan Chai West 2
(M)
9. Wong Tai Sin (a) Choi Hung 1
(b) Lok Fu 1
(c) Lower Wong Tai Sin 2
(d) San Po Kong 1
(e) Tung Tau 2
(f) Wang Tau Horn 2
(g) Choi Wan 2
(h) Ngau Tsuen 2
(i) Tsz Wan Shan West 1
(j) Tsz Wan Shan East 2
(k) Tsz Wan Shan South 2
(1) Upper Wong Tai Sin and Fung Wong 2
(m) Chuk Yuen 1
(21)
10. Yau Tsim (L.N. 87188) (a) Tsim Sha Tsui 2
(b) Yau Ma Tei East 1
(c) Jordan 2
(d) Yau Ma Tei North 2
(e) Ferry Point 1
(8)

https://oelawhk.lib.hku.hk/items/show/3367

DECLARATION OF CONSTITUENCIES (DISTRICT BOARDS) ORDER

DECLARATION OF CONSTITUENCIES (DISTRICT
BOARDS) ORDER
(Cap. 367, section 3(1)(c))
[7 August 1987]

L.N. 252/87 - L.N. 279/87, R. Ed. 1987, L.N. 81/88

Citation

L This order may be cited as the Declaration of Constituencies (District
Boards) Order.

District Boards elections constituencies

2. For the purposes of any election of persons to act as members of the District
Boards established for each District declared in the Declaration of Districts Order
(Cap. 366, sub. leg.) and named in the second column of the Schedule held on or
after 1 March 1988, the area named opposite thereto in the third column thereof and
delineated in the manner specified opposite thereto in the fourth column thereof is
declared to be a constituency.

SCHEDULE [para. 21

DISTRICT BOARDS ELECTIONS
CONSTITUENCIES

Item Nameof Nameof 1 Delineation of
DistrictConstituency Area Constituency Area
1 . Central and (a) Mid Levels and That area delineated and edged purple and light

Western Peak purple and marked M-01 on the Map Numbered
DBM/H/CW/ 1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
ofthe Registration Officer.
(b) Chung Wan That area delineated and edged purple
and light
purple and marked M-02 on that map.
(c) Sheung Wan That area delineated and edged purple
and light
purple and marked M-03 on that map.
(d) Sai Ying Pun West That area delineated and edged purple
and light
purple and marked M-04 on that map.
(e) Kennedy Town East That area delineated and edged purple
and light
purple and marked M-05 on that map.
(f) Sai Ying Pun East That area delineated and edged purple
and light
purple and marked M-06 on that map.
(g) Kennedy Town That area delineated and edged purple
and light
West and Mount purple and marked M-07 on that map.
Davis
2. Eastern (a) Causeway Bay That area delineated and edged purple
and light
North purple and marked P-01 on the Map Numbered
DBM/H/E/ 1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
ofthe Registration Officer.
1





Item Nameof Nameof Delineation of
District Constituency Area Constituency Area
(b) Causeway Bay That area delineated and edged purple and light
South purple and marked P-02 on that map.
(c) North Point East That area delineated and edged light purple and
marked P-03 on that map.
(d) North Point South That area delineated and edged light purple and
marked P-04 on that map.
(e) Quarry Bay South That area delineated and edged purple and light
purple and marked P-05 on that map.
Chai Wan NorthThat area delineated and edged purple and light
purple and marked P-06 on that map.
(g) Chai Wan South That area delineated and edged purple and light
purple and marked P-07 on that map.
(h) A Kung Ngam That area delineated and edged purple and light
purple and marked P-08 on that map.
(i) Shau Kei Wan That area delineated and edged light purple and
marked P-09 on that map.
(j) Sai Wan Ho That area delineated and edged purple and light
purple and marked P-10 on that map.
(k) Quarry Bay North That area delineated and edged purple and light
purple and marked P- 11 on that map.
(1) Chai Wan West That area delineated and edged purple and light
purple and marked P-12 on that map.
(m) North Point North That area delineated and edged light purple and
marked P- 13 on that map.
3. Kowloon (a) Lung Shing That area delineated and edged purple and light
City purple and marked R-01 on the Map Numbered
DBM/K/KC/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
ofthe Registration Officer.
(b) Kowloon Tong and That area delineated and edged purple and light
Ma Tau Wai purple and marked R-02 on that map.
(c) Ho Man Tin NorthThat area delineated and edged purple and light
purple and marked R-03 on that map.
(d) Ho Man Tin SouthThat area delineated and edged purple and light
purple and marked R-04 on that map.
(e) To Kwa Wan NorthThat area delineated and edged purple and light
purple and marked R-05 on that map.

To Kwa Wan SouthThat area delineated and edged light purple and
marked R-06 on that map.

(g) Hung Hom North That area delineated and edged purple and
light
purple and marked R-07 on that map.
(h) Hung Hom South That area delineated and edged purple and
light
purple and marked R-08 on that map.
4. Kwun (al) Ping Shek and That area delineated and edged purple and
light
Tong Kai Yip purple and marked S-01 on the Map Numbered
DBM/K/KT/1 approved on 8 September 1987
by the Governor in Council and deposited in the
office ofthe Registration Officer. (L.N. 279/87)
(b) Ngau Tau Kok WestThat area delineated and edged light purple and
marked S-02 on that map.
(c) Ngau Tau Kok East tThat area delineated and edged light purple and
marked S-03 on that map.





Nameof NameofDelineation of
Item DistrictConstituency Area Constituency Area

(d) Ting Hong That area delineated and edged light purple and
marked S-04 on that map.
(e) Kwun Tong Town That area delineated and edged purple and light
and Industrial Areapurple and marked S-05 on that map.
Tsui Ping That area delineated and edged light purple and
marked S-06 on that map.
(g) Shun Lee Area That area delineated and edged purple and light
purple and marked S-07 on that map.
(h) Sau Mau Ping That area delineated and edged purple and light
North purple and marked S-08 on that map.

purple and marked S-09 on that map.

(j) Lam Tin North That area delineated and edged purple and light
purple and marked S-10 on that map.
(k) Lam Tin South That area delineated and edged purple and light
purple and marked S- 11 on that map,
(1) Yau Tong and That area delineated and edged purple and light
Sze Shan purple and marked S- 12 on that map.
(m) Ngau Tau Kok That area delineated and edged light purple and
North marked S- 13 on that map.
5. Mong Kok (a) Mong Kok East That area delineated and edged purple and light
purple and marked T-01 on the Map Numbered
D11M/K/MK/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Mong Kok North That area delineated and edged purple and light
purple and marked T-02 on that map.
(c) Mong Kok South That area delineated and edged purple and light
purple and marked T-03 on that map.
(d) Mong Kok West That area delineated and edged purple and light
purple and marked T-04 on that map.
(e) Tai Kok Tsui That area delineated and edged purple and light
purple and marked T-05 on that map.
Sycamore That area delineated and edged purple and light
purple and marked T-06 on that map.
6. Sham Shui (a) Nam Shan and That area delineated and edged purple and light
Po Yau Yat Chuenpurple and marked U-01 on the Map Numbered
DBM/K/SSP/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Pak Tin That area delineated and edged purple and light
purple and marked U-02 on that map,
(c) Nam Cheong West That area delineated and edged purple and light
purple and marked U-03 on that map.
(d) Nam Cheong East That area delineated and edged purple and light
purple and marked U-04 on that map.
(e) Shek Kip Mei That area delineated and edged light purple and
marked U-05 on that map.
Nam Cheong NorthThat area delineated and edged light purple and
marked U-06 on that map.
(g) Lai Chi Kok and That area delineated and edged purple and light
Un Chau purple and marked U-07 on that map.





Nameof NameofDelineation of
Item DistrictConstituency Area Constituency Area

(h) Lai Wan That area delineated and edged purple and light
purple and marked U-08 on that map.
(i) Lei Cheng Uk and That area delineated and edged light purple and
So Uk marked U-09 on that map.
(j) Cheung Sha Wan That area delineated and edged purple and light
purple and marked U- 10 on that map.
7. Southern (a) Aberdeen and That area delineated and edged light purple and
Harbour marked Q-01 on the Map Numbered
DBMIH/S/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Pok Fu Lam That area delineated and edged purple and light
purple and marked Q-02 on that map.
(c) Tin Wan and Shek That area delineated and edged purple and light
Pai Wan purple and marked Q-03 on that map.
(d) Wah Fu That area delineated and edged purple and light
purple and marked Q-04 on that map.
(e) Wong Chuk Hang That area delineated and edged purple and light
purple and marked Q-05 on the Map Numbered
D13M1H/S12 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(f) Stanley, Shek 0 That area delineated and edged purple and light
and Bays purple and marked Q-06 on the Map Numbered
D13M/H/S/3 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(g) Ap Lei Chau That area delineated and edged purple and light
purple and marked Q-07 on the Map Numbered
D13M1H/S/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
8. Wan Chai (a) Causeway Bay That area delineated and edged purple and light
Central purple and marked N-01 on the Map Numbered
D11M/H/WC/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Happy Valley That area delineated and edged purple and light
purple and marked N-02 on that map.
(c) Tai Hang and That area delineated and edged purple and light
So Kon Po purple and marked N-03 on that map.
(d) Wan Chai East That area delineated and edged purple and light
purple and marked N-04 on that map.
(e) Wan Chai West That area delineated and edged purple and light
purple and marked N-05 on that map.
9. Wong Tai (a) Choi Hung That area delineated and edged purple and light
Sin purple and marked V-01 on the Map Numbered
D11M/K/WTS/ 1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(b) Lok Fu That area delineated and edged purple and light
purple and marked V-02 on that map.

marked V-03 on that map.





Item Nameof Nameof Delineation of
District Constituency Area Constituency Area
(d) San Po Kong That area delineated and edged purple and light
purple and marked V-04 on that map.
(e) Tung Tau That area delineated and edged purple and light
purple and marked V-05 on that map.
Wang Tau Hom That area delineated and edged purple and light
purple and marked V-06 on that map.
(g) Choi Wan That area delineated and edged purple and light
purple and marked V-07 on that map.
(h) Ngau Tsuen That area delineated and edged purple and light
purple and marked V-08 on that map.
(i) Tsz Wan Shan West That area delineated and edged purple and light
purple and marked V-09 on that map.
(j) Tsz Wan Shan East That area delineated and edged purple and light
purple and marked V-10 on that map.
(k) Tsz Wan Shan That area delineated and edged light purple and
South marked V- 11 on that map.

(1) Upper Wong Tai Sin That area delineated and edged light purple and

and Fung Wong marked V- 12 on that map.

(m) Chuk Yuen That area delineated and edged purple and light
purple and marked V- 13 on that map.
10. Yau Tsim (a) Tsim Sha Tsui That area delineated and edged purple and light
(L.N. purple and marked W-01 on the Map Numbered
81188) D13M/K/YMT/1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(b) Yau Ma Tei East That area delineated and edged purple and light
purple and marked W-02 on that map.
(c) Jordan That area delineated and edged light purple and
marked W-03 on that map.
(d) Yau Ma Tei North That area delineated and edged purple and light
purple and marked W-04 on that map.
(e) Ferry Point That area delineated and edged purple and light
purple and marked W-05 on that map.
11. Islands (a) Cheung Chau East That area delineated and edged light purple and
marked A-01 on the Map Numbered
D11M/NT/1s/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Cheung Chau North That area delineated and edged light purple and
marked A-02 on that map.
(c) Cheung Chau West That area delineated and edged light purple and
marked A-03 on that map.
(d) Lamma and Po Toi That area delineated and edged purple and light
purple and marked A-04 on that map.

(e) Mui Wo, SouthThat area delineated and edged purple and light
Lantau and purple and marked A-05 on that map.
Associated Islands
Peng Chau That area delineated and edged light purple and
marked A-06 on that map.
(g) Tung Chung andThat area delineated and edged purple and light
Tai 0 purple and marked A-07 on that map.





Item NameofName of Delineation of
District Constituency Area Constituency Area
12. Kwai Tsing (a) Kwai Chung CentralThat area delineated and edged light purple and
marked J-01 on the Map Numbered
DBMINT/KT/ 1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.

(b) Kwai Chung East That area delineated and edged purple and light
purple and marked J-02 on that map.
(e) Kwai Chung North That area delineated and edged purple and light
purple and marked J-03 on that map.
(d) Kwai Chung South That area delineated and edged purple and light
purple and marked J-04 on that map.
(e) Kwai Chung West That area delineated and edged purple and light
purple and marked J-05 on that map.
(f) Kwai Shing That area delineated and edged purple and light
purple and marked J-06 on that map.
(g) Tsing Yi North That area delineated and edged purple and light
purple and marked J-07 on that map.
(h) Tsing Yi South That area delineated and edged purple and light
purple and marked J-08 on that map.
(i) Tsing Yi Central That area delineated and edged purple and light
purple and marked J-09 on that map.
13. North (a) Border East and That area delineated and edged purple and light
Mirs Bay purple and marked B-01 on the Maps Numbered
DBM/NT/N/1 and D13M/NT/N/2 approved on
28 July 1987 by the Governor in Council and
deposited in the office of the Registration
Officer.
(b) Border Central That area delineated and edged purple and light
purple and marked B-02 on the Map Numbered
DBM/NT/N/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(c) Queen's Hill That area delineated and edged purple and light
purple and marked B-03 on that map.
(d) Beas River That area delineated and edged purple and light
purple and marked B-04 on that map.
(e) Luen Wo Hui That area delineated and edged light purple and
marked B-05 on that map.
Shek Wu Hui That area delineated and edged light purple and
marked B-06 on that map.
(g) Choi Yuen That area delineated and edged light purple and
marked B-07 on that map.
(h) Tin Ping That area delineated and edged light purple and
marked B-08 on that map.
(i) Fanling South That area delineated and edged purple and light
purple and marked B-09 on that map.
14. Sai Kung (a) Sai Kung Islands That area delineated and edged purple and light
purple and marked C-01 on the Maps Numbered
DBM/NT/SK/1 and DBM/NT/SK/2 approved
on 28 July 1987 by the Governor in Council and
deposited in the office of the Registration
Officer.
(b) Sai Kung Central That area delineated and edged light purple and
marked C-02 on the Map Numbered
DBM/NT/SK/3 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.





Nameof Nameof Delineation of
Item District Constituency Area Constituency Area
(c) Sai Kung Pak That area delineated and edged purple and light
Sha Wan purple and marked C-03 on the Map Numbered
D13M/NT/SK/1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(d) Hang Hau That area delineated and edged light purple and
marked C-04 on the Map Numbered
DBM/NT/SK/2 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(e) Junk Bay That area delineated and edged purple and light
purple and marked C-05 on that map.
15. Sha Tin (a) Town Centre That area delineated and edged purple and light
purple and marked D-01 on the Map Numbered
DBMINTIST1 1 approved on 28 July 1987 by
the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Sha Kok That area delineated and edged purple and light
purple and marked D-02 on that map.
(c) Tai Wai That area delineated and edged purple and light
purple and marked D-03 on that map.
(d) Yuen Wo That area delineated and edged light purple and
marked D-04 on that map.
(e) Tin Sum That area delineated and edged purple and light
purple and marked D-05 on that map.
Che Kung Miu That area delineated and edged purple and light
purple and marked D-06 on that map.
(g) Tsang Tai Uk That area delineated and edged purple and light
purple and marked D-07 on that map.
(h) Shing Mun East That area delineated and edged purple and light
purple and marked D-08 on that map.
(i) Ma On Shan That area delineated and edged purple and light
purple and marked D-09 on that map.
16. Tai Po (a) Tai Po Central That area delineated and edged light purple and
marked E-01 on the Map Numbered
DBM/NT/TP/1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(b) Tai Po North East That area delineated and edged purple and light
purple and marked E-02 on the Maps Numbered
DBM/NT/TP/1 and DI1M/NT/TP/2 approved
on 28 July 1987 by the Governor in Council and
deposited in the office of the Registration Officer.
(c) Tai Po South That area delineated and edged purple and light
purple and marked E-03 on the Map Numbered
D13MINT/TP/1 approved on 28 July 1987 by
the
Governor in Council and deposited in the office
of the Registration Officer.
(d) Tai Po North That area delineated and edged purple and light
purple and marked E-04 on that map.
(e) Sai Kung North That area delineated and edged purple and light
purple and marked E-05 on the Map Numbered
DBM/NT/TP/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.





Nameof NameofDelineation of
Item DistrictConstituency Area Constituency Area

Tai Po EastThat area delineated and edged light purple and
marked E-06 on the Map Numbered
DBM/NT/TP/ 1 approved on 28 July 1987 by the
Governor in Council and deposited in the office
of the Registration Officer.
(g) Tai Po South East That area delineated and edged purple and light
purple and marked E-07 on that map.

17. Tsuen Wan (a) Tsuen Wan Central That area delineated and edged purple and light
(North) purple and marked F-01 on the Map Numbered
DBMINT/TW/ 1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(b) Tsuen Wan Central That area delineated and edged purple and light
(South) purple and marked F-02 on that map.
(c) Tsuen Wan Rural That area delineated and edged purple and light
purple and marked F-03 on that map.
(d) Tsuen Wan West That area delineated and edged purple and light
(South) purple and marked F-04 on that map.
(e) Tsuen Wan East That area delineated and edged light purple and
(North) marked F-05 on that map.
Tsuen Wan EastThat area delineated and edged purple and light
(South) purple and marked F-06 on that map.
(g) Tsuen Wan West That area delineated and edged light purple and
(North) marked F-07 on that map.

18. Tuen Mun (a) Tuen Mun North That area delineated and edged purple and light
East purple and marked G-01 on the Map Numbered
DBM/NT/TM/ 1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(b) Tai Hing That area delineated and edged light purple and
marked G-02 on that map.
(c) Tuen Mun South That area delineated and edged purple and light
East purple and marked G-03 on that map.
(d) Yau Oi That area delineated and edged light purple and
marked G-04 on that map.
(e) Tuen Mun North That area delineated and edged purple and light
West purple and marked G-05 on that map.
Tuen Mun South That area delineated and edged light purple and
West marked G-06 on that map.
(g) Tuen Mun Town That area delineated and edged light purple and
Centre marked G-07 on that map.
(h) Castle Peak That area delineated and edged purple and light
purple and marked G-08 on that map.
(i) Shan King That area delineated and edged light purple and
marked G-09 on that map.

19. Yuen Long (a) Yuen Long Town That area delineated and edged light purple and
West marked H-01 on the Map Numbered
DBM/NT/YL/2 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.
(b) Yuen Long Town That area delineated and edged light purple and
South marked H-02 on that map.





Nameof Name ofDelineation of
Item DistrictConstituency Area Constituency Area

(c) Yuen Long RuralThat area delineated and edged purple and light
West purple and marked H-03 on the Map Numbered

DBM/NT/YL/1 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.

(d) Yuen Long RuralThat area delineated and edged purple and light
South purple and marked H-04 on that map.

(e) Yuen Long RuralThat area delineated and edged purple and light
East purple and marked H-05 on that map.

Yuen Long Rural That area delineated and edged purple and light
North purple and marked H-06 on that map.

(g) Yuen Long RuralThat area delineated and edged light purple and
Central marked H-07 on that map.

(h) Yuen Long TownThat area delineated and edged light purple and
East marked H-08 on the Map Numbered

DBM/NT/YL/2 approved on 28 July 1987 by
the Governor in Council and deposited in the
office of the Registration Officer.

https://oelawhk.lib.hku.hk/items/show/3366

DECLARATION OF CONSTITUENCIES (REGIONAL COUNCIL) ORDER

DECLARATION OF CONSTITUENCIES

(REGIONAL COUNCIL) ORDER

(Cap. 367, section 3(1)(b)



[7 August 1987]
L.N. 255187 -R. Ed. 1987

Citation

1. This order may be cited as the Declaration of Constituencies (Regional

Council) Order.

Regional Council elections constituencies

2. For the purposes of any election of persons to act as members of the

Regional Council held on or after 8 January 1988, each area named in the third
column of the Schedule of the District named in the second column thereof and
delineated on the map specified opposite thereto in the fourth column thereof is
declared to be a constituency.

SCHEDULE [para. 21

REGIONAL COUNCIL ELECTION
CONSTITUENCIES

Nameof Nameof Delineation of

Item District Constituency Area Constituency Area

1. Islands Islands The areas delineated and edged purple and light purple
and marked A-01, A-02, A-03, A-04, A-05, A-06 and
A-07 on the Map Numbered 13IBM/NT/1s/1 approved
on 28 July 1987 by the Governor in Council and
deposited in the office ofthe Registration Officer.

2. Kwai Tsing (a) Kwai Chung The areas delineated and edged purple and
light purple
East and marked J-01, J-02, J-03 and J-04 on the Map
Numbered IJIBM/NT/KT/ 1 approved on 28 July 1987
by the Governor in Council and deposited in the
office ofthe Registration Officer.
(b) Kwai Chung The areas delineated and edged purple and light
purple
West andand marked J-05, J-06, J-07, J-08 and J-09 on that map.
Tsing Yi

3. North North The areas delineated and edged purple and light purple
and marked B-01, B-02, B-03, B-04, B-05, B-06, B-07,
B-08 and B-09 on the Maps Numbered IJIBM/NT/N/1
and D13M/NT/N/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office ofthe
Registration Officer.
4. Sai Kung Sai Kung The areas delineated and edged purple and light purple
and marked C-01, C-02, C-03, C-04 and C-05 on the
Maps Numbered D13M/NT/SK/1, DBM/NT/SK/2 and
D13M/NT/SK/3 approved on 28 July 1987 by the
Governor in Council and deposited in the office of the
Registration Officer.











Item Nameof Nameof Delineation of

District Constituency Area Constituency Area

5. Sha Tin (a) Sha Tin East The areas delineated and edged purple and light purple
and marked D-01, D/02, D-04, D-08 and D-09 on the
Map Numbered D11M/NT/ST/ 1 approved on 28 July
1987 by the Governor in Council and deposited in the
office ofthe Registration Officer.

(b) Sha Tin WestThe areas delineated and edged purple and light purple
and marked D-03, D-05, D-06 and D-07 on that map.

6. Tai Po Tai Po The areas delineated and edged purple and light purple
and marked E-01, E-02, E-03, E-04, E-05, E-06 and
E-07 on the Maps Numbered DBM NT/TP/ 1 and
DBM/NT/TP/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office of the
Registration Officer.

7. Tsuen Wan Tsuen Wan The areas delineated and edged purple and light purple
and marked F-01, F-02, F-03, F-04, F-05, F-06 and
F-07 on the Map Numbered DBM/NT/TW/ 1 approved
on 28 July 1987 by the Governor in Council and
deposited in the office of the Registration Officer.

8. Tuen Mun(a) Tuen MunThe areas delineated and edged purple and light purple
East and marked G-01, G-03, G-04 and G-07 on the Map
Numbered D13M/NT/TM/ 1 approved on 28 July 1987
by the Governor in Council and deposited in the office
ofthe Registration Officer.
(b) Tuen MunThe areas delineated and edged purple and light purple
West and marked G-02, G-05, G-06, G-08 and G-09 on that
map.

9. Yuen Long Yuen Long The areas delineated and edged purple and light purple
and marked H-01, H-02, H-03, H-04, H-05, H-06 H-07
and H-08 on the Maps Numbered DBM/NT/YL/1 and
DBM/NT/YL/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office of the
Registration Officer.

https://oelawhk.lib.hku.hk/items/show/3365

DECLARATION OF CONSTITUENCIES (URBAN COUNCIL) ORDER

DECLARATION OF CONSTITUENCIES
(URBAN COUNCIL) ORDER

(Cap. 367, section 3(1)(a))


[7 August 1987]

L.N. 254/87 -L.N. 280/87, R. Ed. 1987, L.N. 83/88

Citation

1. This order may be cited as the Declaration of Constituencies (Urban
Council) Order.

Urban Council elections constituencies

2. For the purposes of any election of persons to act as members of the Urban
Council held on or after 8 January 1988, each area named in the third column of the
Schedule of the District named in the second column thereof and delineated in the
manner specified opposite thereto in the fourth column thereof is declared to be a
constituency.

SCHEDULE [para. 2]

URBAN COUNCIL ELECTION
CONSTITUENCIES

Item Nameof Nameof Delineation of

District Constituency Area Constituency Area

1. Central and Central andThe areas delineated and edged purple and light purple

Western Western and marked M-01, M-02, M-03, M-04, M-05, M-06 and
M-07 on the Map Numbered D11M/H/CW/1 approved
on 28 July 1987 by the Governor in Council and
deposited in the office of the Registration Officer.
2. Eastern (a) North Point The areas delineated and edged purple and light
purple
and marked P-0 1, P-02, P-03, P-04, P-05, P- 11 and P-
13
on the Map Numbered D11M1H/E/ 1 approved on 28
July 1987 by the Governor in Council and deposited in
the office ofthe Registration Officer.
(b) Shau Kei The areas delineated and edged purple and light
purple
Wan and marked P-06, P-07, P-08, P-09, PA 0 and PA 2 on
that map.
3. Kowloon (a) Kowloon The areas delineated and edged purple and light
purple
City City Westand marked R-01, R-02, R-03 and R-04 on the Map
Numbered 1311M/K1KC/1 approved on 28 July 1987 by
the Governor in Council and deposited in the office of
the Registration Officer.
(b) Kowloon The areas delineated and edged purple and light
purple
City Eastand marked R-05, R-06, R-07 and R-08 on that map.

4. Kwun Tong (a) Kwun Tong The areas delineated and edged purple and light purple
West and marked S-01, S-02, S-03, S-04, S-05 and S-13 on the

Map Numbered D11M/K/K7F/ 1 approved on 8






September 1987 by the Governor in Council and
deposited in the office ofthe Registration Officer.
(L.N. 280187)





Item Nameof Nameof Delineation of

District Constituency Area Constituency Area

(b) Kwun TongThe areas delineated and edged purple and light purple
East and marked S-06, S-07, S-08, S-09, S- 10, S- 11 and S-
12

on that map.
5. Mong Kok Mong KokThe areas delineated and edged purple and light purple

and marked T-01, T-02, T-03, T-04, T-05 and T-06
on the Map Numbered 1313M/K/MK/1 approved on
28 July 1987 by the Governor in Council and deposited
in the office of the Registration Officer.

6. Sham Shui (a) Sham Shui The areas delineated and edged purple and light
purple
Po Po East and marked U-01, U-02, U-03, U-04, U-05 and U-06
on the Map Numbered DBM/K/SSP/1 approved on 28
July 1987 by the Governor in Council and deposited in
the office of the Registration Officer.
(b) Sham Shui The areas delineated and edged purple and light
purple
Po West and marked U-07, U-08, U-09 and U-10 on that map.
7. Southern SouthernThe areas delineated and edged purple and light purple
and marked Q-01, Q-02, Q-03, Q-04, Q-05, Q-06 and
Q-07 on the Map Numbered DBM/H/S/1 approved on
28 July 1987 by the Governor in Council and deposited
in the office of the Registration Officer.
8. Wan Chai Wan ChaiThe areas delineated and edged purple and light purple
and marked N-01, N-02, N-03, N-04 and N-05 on the
Map Numbered DBM/H/WC/1 approved on 28 July
1987 by the Governor in Council and deposited in the
office of the Registration Officer.

9. Wong Tai (a) Wong Tai Sin The areas delineated and edged purple and light
purple
Sin South and marked V-01, V-02, V-03, V-04, V-05 and V-06 on
the Map Numbered DBM/K/WTS/1 approved on 28
July 1987 by the Governor in Council and deposited in
the office of the Registration Officer.
(b) Wong Tai Sin The areas delineated and edged purple and light
purple

North and marked V-07, V-08, V-09, V- 10, V- 11, V- 12 and
V- 13 on that map.
10. Yau Tsim Yau Tsim The areas delineated and edged purple and light purple
(L.N. 83188) and marked W-01, W-02, W-03, W-04 and W-05 on the
Map Numbered DBM/K/YMT/1 approved on 28 July
1987 by the Governor in Council and deposited in.the
office of the Registration Officer.

https://oelawhk.lib.hku.hk/items/show/3364

ELECTORAL PROVISIONS (ELECTION PETITIONS) RULE

ELECTORAL PROVISIONS (ELECTION PETITIONS) RULES

ARRANGEMENT OF RULES

Rule Page

1 ......................................... ... ... ... ... ... ... ... C 2
2........Interpretation ................... ... ... ... ... ... ... ... ... ... ... C


3...................General practice and procedure ... ... ... ... ... ... ... ... ... ... C 2

4...............Filing of documents .......... ... ... ... ... ... ... ... ... ... ... C 2

5.....................Form and substance of petitions ... ... ... ... ... ... ... ... ... C 2

6. Copy of petition and a notice to be served on respondent and Attorney General C 2

7............................Manner of application for directions as to security ... ... ... ... ... ... C 3

8................................Affidavit of service to be filed and served on respondents ... ... ... ... C 3

9.......................Grounds of objection to recognizance ... ... ... ... ... ... ... ... C 3

10....................Time and place for trial of petition ... ... ... ... ... ... . ... ... C 3

11............Trial of petition .............. ... ... ... ... ... ... ... ... ... ... C 4

12.........................Lists of objections, etc., to be filed before trial ... ... ... ... ... ... ... C 4
13.........................Application for leave to withdraw petition ... ... ... ... ... ... ... C 5
14.........................Evidence required for withdrawal of petition ... ... ... ... ... ... ... C 5

Is......................Application to stay or dismiss petition ... ... ... ... ... ... ... ... C 6

16..................Notice of abatement of petition ... ... ... ... ... ... ... ... ... ... C 6

17......................Notification of death, etc. of respondent ... ... ... ... ... ... ... ... C 6

18................Filing copy of particulars .. ; ... ... ... ... ... ... ... ... ... C 6

19...............................Notification of respondent's solicitor and service of notices ... ... ... ... C 7

20............Witness' expenses .............. ... ... ... ... ... ... ... ... ... ... C 7
21............Costs of petition .............. ... ... ... ... ... ... ... ... ... ... C 7

22................Forfeiture of recognizance ... ... ... ... ... ... ... ... ... ... ... C 8

Schedule........................................ ... ... ... ... ... ... ... ... C 8





ELECTORAL PROVISIONS (ELECTION
PETITIONS) RULES

(Cap. 367, section 34(3))

[15 January 1982.1

1. These rules may be cited as the Electoral Provisions (Election
Petitions) Rules.

2. In these rules 'petition' means an election petition.

3. Subject to Part VI of the Ordinance and to these rules, the
practice and procedure of the Supreme Court, including the rules relating
to the discovery and inspection of documents and the delivery of
interrogatories, shall apply to a petition as if it were an or dinary action
within its jurisdiction.

4. Any document required to be filed in proceedings on any
petition shall be filed in the Registry of the Supreme Court.

5. A petition shall be in the form set out in the Schedule, or a form
to the like effect with such variations as the circumstances may require,
and shall state

(a)in which of the capacities mentioned in section 31 of the
Ordinance the petitioner or each of the petitioners presents
the petition;

(b)the date and result of the election to which the petition relates,
showing

(i) in the case of an election which was not contested, the
date of the. publication by the returning officer of the list of
persons declared to be elected; and

(ii) in the case of a contested election, the date of the
declaration by the returning officer of the result of the
election; and

(c)the grounds on which relief is sought, setting out with
sufficient particularity the facts relied on but not the evidence
by which they are to be proved,

and shall conclude with a prayer setting out particulars of the relief
claimed.

6. (1) Within 2 days after the presentation of the petition under
section 33 of the Ordinance or such other period as the Court may
direct, the petitioner shall serve on the respondent within the meaning
of section 32(1) of the Ordinance and on the Attorney General a notice
of the presentation of the petition and of the nature of the security for
costs which the petitioner proposes to give pursuant to section 36 of
the Ordinance, together with a copy of the petition.





(2) Service shall be effected in the manner in which a writ of
summons is served and an affidavit of service shall be filed as soon as
practicable after service has been effected.

7. (1) Application to the Court for directions under section 36(2) of
the Ordinance as to the amount and the manner and form of security
shall be made by the petitioner by summons to a judge in chambers.

(2) The copy of the summons which it is desired should be issued
for directions aforesaid shall be filed within 2 days after the
presentation of the petition or such other period as the Court may
direct, and the Registrar shall thereupon forthwith issue the summons.

(3) Where the amount of the security for costs which the petitioner
proposes to give is the maximum which may be directed under section
36 of the Ordinance and the petitioner proposes to give such security
by the deposit of money to the extent of that amount, the application to
fix the security at that amount and for a direction that the security shall
be given by deposit as aforesaid may be made ex parte by summons,
but in such a case the Registrar shall by endorsement on the summons
order the petitioner to appear at the time and place directed by the
Registrar, being not later than 5 days after the presentation of the
petition; in all other cases the application for directions shall be made
inter partes by summons the return-day of which shall not be later than
5 days after the presentation of the petition or the expiration of such
other period as the Court may direct for giving security under section
36(1) of the Ordinance.

8. Where it is proposed to give security under section 36 of the
Ordinance wholly or partly by recognizance entered into by a surety or
sureties, the petitioner shall, together with the copy of the summons
referred to in rule 7(2), file an affidavit sworn by each proposed surety
and stating that after payment of all his debts he is worth a sum not less
than the sum to be specified in the affidavit being the sum for which it is
proposed that he should be bound by a recognizance, and the petitioner
shall forthwith serve or cause to be served on the respondent a copy of
the affidavit together with the summons issued pursuant to rule 7(2).

9. The respondent to a petition at the hearing of the summons for
directions under rule 7 may object to any recognizance on the grounds
that any surety is insufficient or is dead or cannot be found or
ascertained for want of a sufficient description in the copy of the
affidavit of the surety served on him pursuant to rule 8 or in the notice
served on him under rule 6.

10. (1) Within 28 days after the day on which security is given by
the petitioner in accordance with section 36 of the Ordinance and these
rules, the petitioner shall apply by summons to a judge for a





time and place to be fixed for the trial of the petition and, if the
petitioner fails to do so, any respondent may, within a further period
of 28 days, apply in the same manner as the petitioner could have
done.

(2) If no application to fix the time and place for the trial of
the petition is made in accordance with paragraph (1), the Registrar
shall refer the matter to a judge, who shall thereupon fix such a time
and place.

(3) Not less than 7 days before the day so fixed the Registrar
shall cause notice of the time and place of the trial to be displayed in
a conspicuous place in the Supreme Court and sent to-

(a) the petitioner;

(b) the respondent;

(e) the Attorney General; and

(d) the Designated Officer.

(4) The Designated Officer shall, forthwith upon receipt of
such notice, cause it to be displayed in the same manner as provided
under section 33(2) of the Ordinance for a copy of a petition.

11. (1) The trial of a petition shall be proceeded with not-
withstanding that the respondent has ceased to hold the office his
election to which is questioned by the petition.

(2) On the trial of a petition, unless the Court otherwise
directs, any charge of a corrupt or illegal practice may be gone into,
and evidence in relation thereto received, before any proof has been
given of agency on behalf of any candidate in respect of the corrupt
or illegal practice.

(3) On the trial of a petition complaining of an undue election
.and claiming the office for some person, the respondent, subject to
rule 12(4), may give evidence to prove that that person was not duly
elected, in the same manner as if he had presented a petition against
the election of that person.

12. (1) Where the respondent to a petition complaining of an
undue election and claiming the office for some other person intends
to give evidence pursuant to rule 11 (3) to prove that that person was
not duly elected, the respondent shall, not less than 7 days before the
day fixed for the trial of the petition, file a list of his objections to the
election of that person on which he intends to rely and serve a copy
of the list on the petitioner and the Attorney General.

(2) Where the petition claims the office for an unsuccessful
candidate on the ground that he had a majority of lawful votes,
every party shall, not less than 7 days before the date fixed for the
trial, file a list of the votes which he contends were wrongly admitted
,or wrongly rejected, stating in respect of each such vote the grounds





for his contention, and serve a copy of the list on every other party and
the Attorney General.

(3) Any party to a petition may inspect and obtain an office copy
of any list filed pursuant to paragraph (1) or (2).

(4) Except by leave of the Court-

(a)no evidence shall be given by a respondent of any objection
to a person's election which is not specified in a list filed by
him pursuant to paragraph (1); and

(b)no evidence shall be given by a party against the admission
or rejection of any vote, or as to any ground of contention,
which is not specified in a list filed by him pursuant to
paragraph (2).

13. (1) An application for leave to withdraw or abandon or cease to
prosecute a petition shall be made by motion to the Court at such time
and place as the Court may appoint.

(2) Not less than 7 days before the day so appointed the applicant
shall

(a)serve notice of motion on the respondent, the Attorney
General and the Designated Officer, and lodge a copy with the
Registrar;

(b)publish notice of the intended motion in at least two
newspapers circulating in the Hong Kong, one being
published in English and one being published in the Chinese
language.

(3) The notice of motion shall state the grounds on which the
application is made to withdraw or abandon or cease to prosecute the
petition, and shall contain a statement to the effect that on the hearing
of the application any person who might have been a petitioner in
respect of the election or the Attorney General may apply to the Court
to be substituted as a petitioner.

(4) The Designated Officer shall, forthwith upon receipt of the
notice under paragraph (2), cause it to be displayed in the same manner
as provided under section 33(2) of the Ordinance for a copy of a
petition.

14. (1) Before leave to withdraw or abandon or cease to prosecute
an election petition is granted, there shall be produced affidavits by all
the parties to the petition and their solicitors (if any) and by the election
agents (if any) of all the said parties who were candidates at the
election, but the Court may on cause shown dispense with the affidavit
of any particular person if it seems to the Court on special grounds to
be just so to do.

(2) Each affidavit shall state that, to the best of the deponent's
knowledge and belief, no agreement or terms of any kind whatso





ever has or have been made, and no undertaking has been entered into,
in relation to withdrawing or abandoning or ceasing to prosecute the
petition; but if any lawful agreement has been made with respect to
withdrawing or abandoning or ceasing to prosecute the petition, the
affidavit shall set forth that agreement and shall make the foregoing
statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor (if any) shall
further state ground on which the petition is sought to be withdrawn or
abandoned or no longer prosecuted.

(4) Copies of the said affidavit shall be delivered to the Attorney
General not less than 7 days before the day appointed for the hearing of
the application for leave to withdraw-or abandon or cease to prosecute
the petition, and the Court may hear the Attorney General or his
representative in opposition to the application for leave to withdraw or
abandon or cease to prosecute the petition, and shall have power to
receive the evidence on oath of any person or persons whose evidence
the Attorney General or his representative may consider material.

(5) Where more than one solicitor is concerned for the petitioner or
respondent,- whether as agent for another solicitor or otherwise, the
affidavit shall be made by all such solicitors.

15. (1) An application by a respondent to stay or dismiss a petition
before the day fixed for the trial shall be made by motion to the Court at
such time and place as the Court may appoint.

(2) Not less than 7 days before the day so appointed the
respondent shall serve notice of motion, stating the grounds thereof, on
the petitioner, any other respondent, the Attorney General and the
Designated Officer, and shall lodge a copy with the Registrar.

16. Where the petition is abated by the death of a sole petitioner or
the survivor of several petitioners, the solicitor acting for him in the
proceedings at the date of his death or, if he had no such solicitor, any
respondent learning of his death shall lodge notice thereof with the
Registrar.

17. On the happening of any event mentioned in section 40(1)(a) of
the Ordinance, the respondent concerned or, in the case of the death of
a respondent, the solicitor acting for him in the proceedings at the date
of his death or, if he had no such solicitor, any petitioner learning of his
death shall lodge notice thereof with the Registrar.

18. A party giving particulars in pursuance of an order or otherwise
shall file a copy within 24 hours after delivering the particulars to the
party requiring them.





19. (1) A solicitor appointed to act for a respondent in proceedings
on a petition shall forthwith give notice of his appointment to the
petitioner and lodge a copy of the notice with the Registrar.

(2) Subject to rule 6(2), any notice required to be served on a
respondent to a petition may be served

(a)by delivering it or sending it by post to any solicitor who has
given notice under paragraph (1) that he is acting for the
respondent; or

(b)if no such notice has been given, by delivering it to the
respondent or by leaving it at, or sending it by post by a
registered letter to his last known place of abode in Hong
Kong, or, if the proceeding is before the Court, in such manner
as the Court may direct.

(3) Subject to rule 6(2), any notice required to be served on the
Attorney General or the Designated Officer in proceedings on any
petition may be served by delivering it or sending it by post to him.

20. The reasonable expenses incurred by any person in appearing
to give evidence at the trial of a petition, equal to such sum of money as
would be allowed to such person under section 52 of the Supreme Court
Ordinance if he were a witness in any civil proceeding, may be allowed
to him by a certificate of the Court or of the Registrar, and shall be
deemed costs of the petition.

211. (1) All costs of any incidental to the presentation of a petition
and the proceedings consequent thereon, except such as are under
paragraph (2) otherwise provided for, shall be defrayed by the parties to
the petition in such manner and in such proportions as the Court may
determine; and in particular any costs which in the opinion of the Court
have been caused by vexatious conduct, unfounded allegations or
unfounded objections on the part either of the petitioner or of the
respondent, and any needless expense incurred or caused on the part of
the petitioner or respondent, may be ordered to be defrayed by the
parties by whom it has been incurred or caused whether or not they are
on the whole successful.

(2) Where upon the trial of a petition it appears to the Court that a
corrupt practice has not been proved to have been committed in
reference to the election by or with the knowledge and consent of the
respondent to the petition, and that the respondent took all reasonable
means to prevent corrupt practices being committed on his behalf, but
that any person or persons is or are proved, whether by providing
money or otherwise, to have been extensively engaged in corrupt
practices, or to have encouraged or promoted extensive corrupt
practices, in reference to the election, the Court may, after giving that
person or those persons an opportunity of being heard by counsel or
solicitor and examining and cross-examining witnesses to show cause
why the order should not be made, order the whole or part of the costs
to be paid by that person or those persons or any of





them, and may order that if the costs cannot be recovered from one or
more of those persons they shall be paid by some other of those
persons or by either of the parties to the petition.

22. If a petitioner neglects or refuses for 3 months after demand to
pay to any person summoned as a witness on his behalf or to the
respondent any sum due to him or his costs, and the neglect or refusal
is, within 1 year after the demand, proved to the satisfaction of the
Court, every person who under these rules entered into a recognizance
relating to the petition shall be held to have made default in the
recognizance, and the Court shall thereupon certify the recognizance to
be forfeited.

SCHEDULE

ELECTION
PETITION

IN THE SUPREME COURT OF HONG KONG
ORIGINAL JURISDICTION

In the Matter of the Electoral Provisions Ordinance (Chapter 367)
and

In the Matter of *an Urban Council/a District Board Election for the [state
constituency) held on the day of ,19

The Petition of A.B. of
[and C.D. of

shows-

1 That the Petitioner A.B. is a person who had a right to vote at the above
election [or was a candidate at the above election] and the Petitioner C.D. [state
similarly the capacity in which he presents the petition].

2. That the election was held on the day of

19 when E.F., G.H., and J.K. were candidates, and on the day
of ' 19, the result of the election was declared by the

Returning Officer wherein E.F., and G.H. were declared to be duly elected [or,
in the case of an election which was not contested, and on the day of

' 19 the list of persons declared to be elected was published
by the Returning Officer, wherein was included the names of E.F., G.H., and LK.I.

3. That [state the facts on which the petitioner (s) *relies/rely].

The Petitioner(s) therefore pray(s)-

(1)that it may be determined that the said E.F. was not duly elected and that
the election was void [or that the said LK. was duly elected and ought to
have been declared elected].

(2) that the Petitioner(s) may have such further or other relief as maybe just.

Dated this day of '19

(Signed)
Petitioner(s).

This Petition is presented by whose address for service is [and who is agent for

of solicitor for the said






Petitioner].

It is proposed to serve a copy of this petition on
of
[and of
and on the Attorney General.

(Note.. * delete if not applicable).
L.N. 9/82. Citation. Interpretation. General practice and procedure. Filing of documents. Form and substance of petitions. Schedule. Copy of petition and a notice to be served on respondent and Attorney General. Manner of application for directions as to security. Affidavit of service to be filed and served on respondents. Grounds of objection to recognizance. Time and place for trial of petition. Trial of petition. Lists of objections, etc., to be filed before trial. Application for leave to withdraw petition. Evidence required for withdrawal of petition. Application to stay or dismiss petition. Notice of abatement of petition. Notification of death, etc. of respondent. Filing copy of particulars. Notification of respondent's solicitor and service of notices. Witness' expenses. (Cap. 4.) Costs of petition. Forfeiture of recognizance.

L.N. 9/82. Citation. Interpretation. General practice and procedure. Filing of documents. Form and substance of petitions. Schedule. Copy of petition and a notice to be served on respondent and Attorney General. Manner of application for directions as to security. Affidavit of service to be filed and served on respondents. Grounds of objection to recognizance. Time and place for trial of petition. Trial of petition. Lists of objections, etc., to be filed before trial. Application for leave to withdraw petition. Evidence required for withdrawal of petition. Application to stay or dismiss petition. Notice of abatement of petition. Notification of death, etc. of respondent. Filing copy of particulars. Notification of respondent's solicitor and service of notices. Witness' expenses. (Cap. 4.) Costs of petition. Forfeiture of recognizance.

https://oelawhk.lib.hku.hk/items/show/3363

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation .................................. Page

PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... B 4

2. Interpretation ...................... ... ... ... ... ... ... ... ... B 4

PART II

STAGES OF AN ELECTION PRECEDING A POLL

3. Notice of ordinary election .............. ... ... ... ... ... ... ... B 4

4. Notice of by-election where office of member declared vacant ... ... ... B 5

5. Notice of by-election where on death or disqualification of candidate election is

countermanded ........................... ... ... ... ... ... ... B 5

6. Nomination of candidates ................. ... ... ... ... ... ... B 5

7. Subscription of nomination paper ......... ... ... ... ... ... ... B 6
8. Consent to nomination and deposit ...... ... ... ... ... ... ... ... B 6

9. Decisions as to validity of nomination papers ... ... ... ... ... ... B 6

10. Withdrawal of candidature .............. ... ... ... ... ... ... ... B 7

11. Nomination in more than one constituency ... ... ... ... ... ... B 7

12. Publication of nominations ............. ... ... ... ... ... ... ... B 7

13. Declaration of election where number of candidates not in excess of number of

vacancies ........................... ... ... ... ... ... ... ... B 7

14. Publication of notice of by-election to fill remaining vacancies ... ... B 7

15. Appointment of election agent .......... ... --- --- ... ... ... B 8
16. Notice of particulars of election agents ... ... ... ... 1 ... ...
B 8

PART III

CONTESTED ELECTIONS

17. Votes to be given by ballot ............... ... ... ... ... ... ... ... B 9

18. Entitlement to vote ....................... ... ... ... ... ... ... B 9

19. Hours of poll .......................... ... ... ... ... ... ... ... B 9

20. Use of buildings as polling stations ..... ... ... ... ... ... ... ... B 9

21. Duties of registration officer in relation to polling stations ... ... ... B 9

22. Directions for guidance of electors in voting ... ... ... ... ... ... B 10






23. Form of ballot box B 10

24. Form of ballot paper ... .. ... ... ... ... ... ... ... ... ... ... . B 10
25. Appointment of polling agents ... ... ... ... ... ... ... ... ... ... B 11
26. Admission to polling stations ... ... ... ... ... ... ... ... ... ... B 11
27. Delineation of polling stations ... ... ... ... ... ... ... ... ... ... B 11
28. Offences in polling stations ... ... ... ... ... ... ... ... ... ... ... B 11
29. Sealing of ballot boxes ... ... ... ... ... ... ... ... ... ... ... ... B 12
30. Questions to be put to electors ... ... ... ... ... ... ... ... ... ... B 12





Regulation Page

31. Challenge of electors ... ... ... ... ... ... ... ... ... ... B 12

32. Issue of ballot papers... ... ... ... ... ... ... ... ... ... ... ... B 13

33. Method of voting... ... ... ... ... ... ... ... ... . ... ... ...---B 13

34. Votes marked by presiding officer ... ... ... ... ... ... ... ... ... ... B 13

35. Tendered ballot papers ... ... ... ... ... ... ... ... ... ... ... ... B 13

36. Spoilt ballot papers ... ... ... ... ... ... ... ... ... ... ... ... ... B 13

37. Adjournment of poll in case of riot, etc.... ... ... ... ... .. 1 ... ... B 14

38. Procedure at close of poll... ... ... ... ... ... ... ... ... ... ... B 14

39. Preparation of ballot paper account... ... ... ... ... ...---... ... B 14

PART IV

COUNTING OF VOTES

40. Appointment of counting agents ........ ... ... ... ... ... ... ... B 14

41. Notification of count .11 ................B 15

42. Appointment of counting officers ......... ... ... ... ... ... ... ... B 15

43. Persons entitled to be present at the count ... ... ... ... ... ... ... B 15

44. Opening of ballot boxes and counting of ballot papers ... ... ... ... ... B 15

45. Separation and counting of individual votes ... ... ... ... ... ... ... B 16

46. Re-count ............................... . . . ... ... ... ... ... B 16

47. Void ballot papers ....................... ... ... ... ... ... ... ... B 16

48. Endorsement of rejected ballot papers .... ... ... ... ... ... ... ... B 16

40. Returning officer's decisions in regard to ballot papers ... ... ... ... B 17

50....................Procedure on equality of votes ... ... ... ... ... ... ... ... ... B 17

51................Declaration of result ...... ... ... ... ... ... ... ... ... ... ... B 17

PART V

DISPOSAL OF
DOCUMENTS

52. Scaling of ballot papers, etc., in packets ... ...

53. Disposal of ballot papers, etc. .......... ... ... ... ... ... ... ... B 18

54.............................Power of High Court in relation to ballot papers ... ... ... ... ... B 18

55.........................Prohibition of inspection of ballot paper ... ... ... ... ... ... ... B 19

56....................Production of ballot papers, etc . ... ... ... ... ... ... ... ... ... B 19

57..................Destruction of ballot papers .... ... ... ... ... ... ... ... ... ... B 19







PART VI

SUPPLEMENTAL
PROVISIONS

58..................Penalty for officers acting as agents ... ... ... ... ... ... ... ... B
19

59. Prohibitions against employees of candidates acting as officers under these

regulations ............................ ... ... ... ... ... ... ... B 19

60. Powers of delegation by presiding officers ... ... ... ... ... ... ... B 20
60A........................Powers of delegation by returning officers ... ... ... ... ... ... ... B 20

61. Powers of candidates ......1 ............... ... ... ... ... ... 1 B 20

62. Saving...................... ............... ... . ... ... ... ... B
20





Regulation Page

63. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 20
64. Declaration of secrecy ... ... ... ... ... ... ... ... ... ... ... ... B 20
65. Enforcement of provisions as to secrecy ... ... ... ... ... ... B 20
66. Keeping order in polling station ... ... ... ... ... ... ... ... ... ... B 21
67. Procedure where candidate dies during polling ... ... ... ... ... ... ... B 21
68. Display of notices, etc . ... ... ... ... ... ... ... ... ... ... ... ... B 22
69. Certain forms to be made available ... ... ... ... ... ... ... ... ... B 22
70. Disposal of deposits ... ... ... ... ... ... ... ... ... ... ... ... ... B 22

Schedule..Forms................................ ... ... ... ... ... ... ... ... ... B 23





ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

(Cap. 367, section 28)

[27 November 1981.]

PART I

PRELIMINARY

1. These regulations may be cited as the Electoral Provisions
(Procedure) Regulations.

2. In these regulations, unless the context otherwise requires

polling station' has the meaning assigned to it in the Electoral

Provisions (Registration of Electors) Regulations;

presiding officer' means a person appointed under regulation

2I(1)(a) to be a presiding officer;

'returning officer', in relation to any constituency, means the
returning officer appointed under the Ordinance for the District
within which the constituency is situated.

'working day' means any day other than a public holiday or a
Saturday.

PART II

STAGES OF AN ELECTION PRECEDING A POLL

3. On a date between 2 and 15 -

(a) January 1983 and January of every third year thereafter in
the case of an Urban Council ordinary election;

(aa) January 1986 and January of every third year thereafter in
the case of a Regional Council ordinary election; and

(b) January 1982 and January of every third year thereafter in
the case of District Boards ordinary elections,

the returning officer shall publish in the Gazette a notice or ordinary
election in accordance with From 1 in the Schedule containing the
following particulars-

(i) notice of the number of vacancies in each constituency
concerned for persons to be elected to act as members of
the Urban Council, the Regional Council or the District
Boards, as the case may be;

(ii) that nominations for these vacancies will be received by
him, not later than 31 January next following, during office
hours on any working day at the address specified in such
notice;
(iii) that, subject to regulation 13, an ordinary election will be
held in that constituency on a date to be specified in the
notice, not being a date before 1 March or after 15 March
next following.

4. When notification of a vacancy of the office of a member
is published in the Gazette under section 18 of the Urban Council
Ordinance, under section 20 of the Regional Council Ordinance or
under section 14 of the District Boards Ordinance the returning
officer shall, subject to section 24(2) of the Ordinance, within 14 days
after the publication in the Gazette of the notification of such
after the publication in the Gazette a notice of by-election in accordance
with Form 2 in the Schedule containing the following particulars.

(a) notice that a vacancy exists in the constituency concerned
for a person to be elected to act as a member of the Urban
Council, the Regional Council or the relevant District
Board, as the case may be;

(b) that nominations for that vacancy will be received by him,
not later than 14 days after the date of publication in the
Gazette of the notice of by-election, during office hours on
any working day at the address specified in such notice;

(c) that, subject to regulation 13, a by-election will be held in
that constituency on a date to be specified in the notice,
being a date not less than 14 days and not more than 21
days after the last day appointed for the receipt by the
returning officer of nominations,

and shall proceed to hold a by-election accordingly.

5. (1) If at any election proof is given to the satisfaction of
the returning officer before the result of the election is declared that a
candidate for any constituency has died or become disqualified from
being elected then the returning officer shall forthwith declare that
in respect of that constituency the election is countermanded by
completing a notice in the specified form and shall publish such
notice in the Gazette as soon as practicable thereafter.

(2) Within 14 days of the publication of the notice under
paragraph (1) the returning officer shall, subject to section 24(2) of
the Ordinance, publish in the Gazette a notice of by-election in
accordance with Form 2 in the Schedule containing the particulars
set out in paragraphs (a), (b) and (c) of regulation 4, and shall
proceed to hold a by-election accordingly.

6. Each candidate shall be nominated by a separate nomination
paper in accordance with Form 3 in the Schedule delivered in
person by the candidate or his proposer or seconder to the returning
officer at the time and place appointed by him for the receipt of
nominations.




7. (1) Each nomination paper shall be subscribed by 2 electors,
registered for the constituency concerned, as proposer and seconder
and by 8 other such electors as assenting to the nomination.

(2) The returning officer shall permit any person to inspect, at
the time and place appointed for the receipt by the returning officer
of nominations, any nomination paper delivered to the returning
officer.

(3) The returning officer may, at the time and place appointed
for the receipt by him of nominations, at the request of any elector
prepare a nomination paper for signature.

(4) No elector shall at any election subscribe more nomination
papers than there are vacancies to be filled for the constituency
concerned.

(5) If any elector subscribes nomination papers in contravention of
paragraph (4), his signature shall be inoperative in all but those papers
(up to the permitted number) which are first delivered.

8. A person shall not be validly nominated unless there is
delivered to the returning officer at the time and place appointed for
the receipt by him of nominations.

(a)a form of consent to nomination and a declaration of
qualifications in accordance with Form 4 in the Schedule; and

(b)in the case of an Urban Council or a Regional Council election,
a receipt issued by the . tor of Accounting Services showing
that the sum of $3,000 has been deposited with the Director of
Accounting Services as deposit in respect of such person; or

(c)in the case of a District Board election, a receipt issued by the
Directon of Accounting Services showing that the sum of
$2,000 has been deposited with the Director of Accounting
Services as deposit in respect of such person.

9. (1) Where a nomination paper and the candidate's consent
thereto are received by the returning officer at the time and
place appointed therefor the candidate shall be deemed to stand
nominated unless and until the returning officer decides that the
nomination paper is invalid, or proof is given to the satisfaction of
the returning officer of the candidate's death or disqualification of
nomination or under regulation 10 the candidate withdraws.

(2) The returning officer shall be entitled to hold a nomination
paper invalid only on one of the following grounds-
(a) that the particulars of the candidate or the persons sub-
scribing to the paper are not as required by law; or
(b) that the paper is not subscribed as so required.





(3) The returning officer shall examine the nomination papers, and
decide whether the candidates have been validly nominated under these
regulations and shall do so as soon as practicable after each paper is
delivered.

(4) Where he decides that a nomination paper is invalid he shall
endorse and sign on the paper the fact and the reasons for his decision.

(5) The returning officer shall send notice of his decision to each
candidate at his residential address stated in his nomination paper.

(6) The decision of the returning officer that a nomination paper is
valid shall be final and shall not be questioned in any proceeding
whatsoever save and except in an election petition.

10. A candidate may withdraw his candidature by notice in
accordance with Form 5 in the Schedule signed by the candidate and
attested by one witness and delivered to the returning officer at the
place appointed for the receipt by him of nominations not later than
the day following the last day for receipt of nominations.

11. A candidate who is validly nominated for more than one
constituency must duly withdraw from his candidature in all those
constituencies except one, and if he does not so withdraw he shall be
deemed to have withdrawn from his candidature in all those
constituencies.

12. The returning officer shall publish in the Gazette a notice of
nominations in accordance with Form 6 in the Schedule, not earlier than
2 days and not later than 9 days after the last day appointed for the
receipt by him of nominations.

13. If the number of persons remaining validly nominated for a
constituency after any withdrawals under regulation 10 or 11 'does not
exceed the number of vacancies in that constituency, such person or
persons (if any) shall be declared elected in the notice of nominations
published under regulation 12.

14. (1) If the number of persons remaining validly nominated for a
constituency after any withdrawals under regulation 10 or 11 is less than
the number of vacancies in that constituency, the returning officer,
within such period as is specified in regulation 12, shall,
subject to paragraph (2) and section 24(2) of the Ordinance, publish in the Gazette a
notice of by-election to fill the remaining vacancies in accordance with
Form 2 in the Schedule containing the particulars set out in paragraphs
(a), (b) and (c) of regulation 4 and shall proceed to hold a by-election
accordingly.





(2) If a notice of by-election is published under paragraph (1)
and on the day following the last day appointed in such notice for
the receipt by the returning officer of nominations in respect of such
by-election any vacancy in the constituency concerned remains
unfilled, the returning officer shall not be required to publish a
further notice of by-election until the expiry of 6 months from the
date of publication of the previous notice of by-election.

(3) Within 7 days after the expiry of such period of 6 months
the returning officer shall, subject to section 24(2) of the Ordinance,
publish in the Gazette a notice of by-election in accordance with
Form 2 in the Schedule containing the particulars set out in
paragraphs (a), (b) and (c) of regulation 4 and shall proceed to hold
a by-election accordingly.

15. (1) Whenever an election is tobe held, each candidate
may, not later than 3 days after the last day appointed for the receipt
by the returning officer of nominations at that election, appoint a
person who has attained the age of 21 years as an election agent by
delivering to the returning officer a form of appointment in accordance
with Form 7 in the Schedule.

(2) One election agent only shall be appointed for each candidate
but the appointment may be revoked at any time by notice in writing
signed by the candidate and delivered to the returning officer.

(3) If, whether before, during or after the election the appointment
of an election agent is revoked or an election agent dies, another
election agent may be appointed forthwith by the candidate delivering
to the returning officer a form of appointment in accordance with Form 7
in the Schedule.

(4) For the purposes of these regulations, a duly appointed
election agent shall have authority to do all things necessary at the
election which could have been done by the candidate in person and at
any time in the absence of the candidate may take any steps and incur
any expenditure on behalf of the candidate and any such acts of the
election agent shall be as effectual as if they had been done by the
candidate in person.

16. (1) Not later than 10 days after the last day appointed for
the receipt by the returning officer of nominations at any election the
returning officer shall cause a notice of particulars of election agents
(if any) completed in accordance with Form 8 in the Schedule-

(a) to be displayed in a prominent place outside his office; and

(b)to be forwarded to each validly nominated candidate in the
constituency concerned.

(2) A copy of such notice shall as soon as practicable be published
in the Gazette.





PART III

CONTESTED ELECTIONS

17. At every election the votes shall be given by ballot and the poll
shall be conducted in accordance with the Ordinance and these
regulations.

18. Each elector shall be entitled to give one vote and no more for
each candidate at an election provided that the total number of votes he
may give shall not exceed the number of vacancies to be filled at such
election.

19. Subject to regulation 37, polling shall commence at 7.30 a.m.
and close at 10.30 p.m. on the day appointed for the holding of an
election or such other time or times as the registration officer may
specify by notice in the Gazette.

20. (1) The registration officer may designate for use, free of
charge, for the purpose of taking the poll or of counting the votes a
room in any

(a) school;

(b)building occupied by any organization, association or body,

in respect of which a grant is made out of the general revenue of Hong
Kong.

(2) The registration officer shall make good any damage done to
and defray any expense incurred by any person having control over,
any such room as aforesaid by reason of its having been used for the
purpose of taking a poll or of counting the votes.

(3) The registration officer may hire any premises or part thereof in
Hong Kong for such purpose.

21. (1) For any election the registration officer shall-

(a)appoint a presiding officer to preside at each polling station
and such other officers (including assistant presiding officers
and polling officers) as may be necessary for taking the poll;

(aa) at least 10 days before the date of any election send to each
elector entitled to vote at that election a poll card in the
specified form;

(ab) after publication by the returning officer of a notice of
nomination under regulation 12 furnish each

(i) candidate listed in such notice who applies or on whose
behalf an application is made by his election agent with an
extract of that part of the final register, in such





format and containing such additional information (if any) as
the registration officer may determine, which relates to the
constituency in respect of which- the candidate is nominated;

(ii) returning officer with one copy of that part of the final
register which relates to the District for which that officer is
appointed;

(b)furnish each polling station with such number of compartments
as he may deem necessary in which the electors may mark their
votes, screened from observation;

(c)furnish each presiding officer with such number of ballot boxes
and ballot papers as he may deem necessary;

(d)provide polling stations with materials to enable electors to
mark the ballot papers, and with copies of the appropriate part
of the register of electors for the polling station;

(e)do such other acts and things as may be necessary for
effectually conducting the election in the manner provided by
the Ordinance and these regulations.

(2)(a) The registration officer shall provide each presiding officer
with a list of the other officers appointed under paragraph
(1)(a) to assist him at his polling station.

(b)Each presiding officer shall cause the list referred to in sub-
paragraph (a) to be displayed in a prominent position within
his polling station.

22. A notice in accordance with Form 9 in the Schedule giving
directions for the guidance of electors in voting shall be exhibited
outside every polling station and in every compartment in the
polling station.

23. Every ballot box shall be so constructed that the ballot papers
can be put therein but cannot be withdrawn therefrom without the box
being unlocked.

24. (1) Every ballot paper shall be in accordance with Form 10 in the
Schedule and

(a)shall contain the name and, if the registration officer so
requires, the address of each candidate as shown in the notice
of nominations published under regulation 12;

(b) shall be capable of being folded up;

(c) [Deleted, L.N. 383/87]

(d)shall have a number and the date and description of the election
printed on the back.

(2) The registration officer may use such abbreviation of the
address referred to in paragraph (1)(a) as he considers necessary.





25. (1) Each candidate may appoint persons who have attained the-
age of 21 years as agents (in these regulations referred to as 'polling
agents') to attend at the polling stations for the purpose of detecting
personation.

(2) Notice in writing of the appointment, stating the names and
addresses of the persons appointed, shall be given by the candidate to
the returning officer 10 days at least before the opening of the poll.

(3) If a polling agent dies, or becomes incapable of acting, the
candidate may at any time appoint another polling agent in his place,
and shall forthwith give to the returning officer notice in writing of the
name and address of the polling agent so appointed.

(4) A polling agent in respect of whom such notice has been given
may, during the hours of the poll, attend at the polling station to which
he has been appointed and on attending shall report in person to the
presiding officer and produce his identity card and Form 12 in the
Schedule duly completed by him.

(5) A candidate may not appoint more than 2 polling agents to
attend at any one polling station.

(6) Not more than one polling agent in respect of each candidate
shall be admitted to any polling station at any one time.

26. (1) No person shall be admitted to vote at any polling station
other than the polling station designated in respect of that part of the
final register of electors in which his particulars are entered.

(2) The presiding officer may regulate the number of electors to be
admitted to the polling station at the same time and shall exclude all
other persons except

(a) the officers named in the list referred to in regulation 21(2);

(b) the returning officer;

(e) the candidates and their election agents;

(d) polling agents appointed to attend at the polling station;

(e) police officers on duty at the polling station;

(f) public officers authorized in writing by the Deputy Chief
Secretary.

27. Before the date of each election the registration officer shall
delineate clearly in such manner as he shall think fit, whether by marks,
barriers or by the display outside the polling station of a plan, the
boundaries of each polling station.

28. (1) Any person other than

(a) the returning officer;

(b) an officer appointed under regulation 21(1)(a);

(c) police officers on duty at any polling station,





who speaks to any elector within the boundaries of any polling station
commits an offence and is liable to a fine of $500


(2) Any person who-

(a) takes any photographs;

(b) canvasses; or

(e) displays any poster,

within the boundaries of any polling station commits an offence and is
liable to a fine of $500

29. Immediately before the commencement of the poll, the presiding
officer shall show the ballot box empty to such persqns, if any, as may
be present in the polling station, and shall then lock it up and place his
seal upon it in such manner as to prevent it being opened without
breaking the seal, and shall place it in his view for the receipt of ballot
papers, and keep it so locked and sealed.

30. (1) The presiding officer may, and if required by a candidate or
his election or polling agent shall, put to any person applying for a
ballot paper at the time of his application, but not afterwards, the
following questions, or either of them, that is to say

(a)Are you the person registered in the register of electors now
in force for this constituency and polling station as follows
(reads the whole entry from the register)?

(b) Have you already voted at the present election?

(2) A ballot paper shall not be delivered to any person required to
answer the above questions, or either of them, unless he has answered
the question or questions satisfactorily.

31. (1) If at the time a person applies for a ballot paper or after he
has applied for a ballot paper and before he has left the polling station, a
candidate or his election or polling agent declares to the presiding
officer that he has reasonable cause to believe that the applicant has
committed the ofrence of personation, as defined by section 6 of the
Corrupt and Illegal Practices Ordinance, and undertakes to substantiate
the charge in ' a court of law, or if the presiding officer has reasonable
cause to believe that the applicant has committed that offence, the
presiding officer may order a police officer to arrest the applicant, and
the order of the presiding officer shall be sufficient authority for the
police officer so to do.

(2) A person against whom a declaration is made under paragraph
(1) (whether or not such person has been arrested by order of the
presiding officer) or a person who has been arrested by order of the
presiding officer acting on his own initiative under paragraph (1) shall
not, by reason thereof, be prevented from voting.

(3) A person arrested under the provisions of this regulation shall
be dealt with as a person taken into custody by a police officer for an
offence without a warrant.





32. (1) A ballot paper shall not be delivered to an elector unless the
elector produces to the polling officer either his identity card or such
other document showing his identity card number and name as will
satisfy the polling officer that the elector is the person named in the
register whom he claims to be.

(2) Immediately before delivery of a ballot paper to an elector---

(a)the name of the elector as stated in the copy of the register
shall be called out; and

(b)a line shall be placed in the register against the identity card
number and name of the elector to denote that he has received
a ballot paper, but without showing the particular ballot paper
which he has received.

33. (1) Subject to regulation 34, the elector, on receiving the ballot
paper, shall forthwith proceed into one of the compartments in the
polling station and there secretly mark his paper and fold it up so as to
conceal his vote and put the ballot paper, so folded up, into the ballot
box in the presence of the presiding officer.

(2) The elector shall vote without undue delay, and shall leave the
polling station as soon as he has put his ballot paper into the ballot box.

34. The presiding officer, on the application of-

(a)an elector who is incapacitated by blindness or other physical
cause from voting in the manner directed by these
regulations; or

(b) an elector who declares orally that he is unable to read,

shall cause the vote of the elector to be marked on a ballot paper in the
manner directed by the elector and the ballot paper to be placed in the
ballot box.

35. If a person, representing himself to be a particular elector
entered on the register, applies for a ballot paper after another person
has voted as such elector, the applicant shall, upon satisfactorily
answering the questions set out in regulation 30(1), be entitled to mark a
ballot paper in the same manner as any other elector, but before the
ballot paper (in these regulations referred to as ---a tendered ballot
paper') is delivered to the applicant it shall be endorsed on the front
with the word '7ENDEREW.

36. An elector who has inadvertently dealt with his ballot paper in
such a manner that it cannot be conveniently used as a ballot paper
may, on delivering it to the presiding officer and proving the fact of the
inadvertence to the satisfaction of such officer, obtain another ballot
paper in the place of the ballot paper so delivered up (in these
regulations referred to as 'a spoilt ballot paper'), and the spoilt ballot
paper shall be immediately cancelled.





37. (1) Where the proceedings at any polling station are interrupted
or obstructed by riot, open violence, typhoon or other climatic condition
or by any other cause, the presiding officer shall adjourn the
proceedings until another day not being a public holiday but not more
than 4 days (not being public holidays) later and shall forthwith give
notice to the returning officer.

(2) Where the poll is adjourned at any polling station-

(a)the hours of polling on the day to which it is adjourned shall
be the same as for the original day; and

(b)reference in these regulations to the close of the poll shall be
construed accordingly.

38. As soon as practicable after the close of the poll, each
presiding officer shall, in the presence of such persons as may then be
present in the polling station

(a) seal with his own seal each ballot box, in use at his
station, in such a manner as to prevent the introduction of
additional ballot papers, and unopened, but with the key
attached;

(b) make up into separate packets sealed with his own seal-

(i) the unused and spoilt ballot papers, placed together;

(ii) the marked copies of the register,

and shall deliver the ballot box and such packets to the returning officer
to be taken charge of by him.

39. The packets shall be accompanied by a statement (in these
regulations referred to as 'the ballot paper account') made by the
presiding officer in the specified form showing the number of ballot
papers entrusted to him and accounting for them under the heads of

(a) ballot papers believed to be in the ballot box;

(b) unused and spoilt ballet papers

PART IV

COUNTING OF VOTES

40. (1) Each candidate may appoint not more than 2 persons who
have attained the age of 21 years as agents (in these regulations referred
to as 'counting agents') to attend at the counting of the votes.

(2) Notice in writing of the appointment, stating the names and
addresses of the persons appointed, shall be given by the candidate to






the returning officer 10 days at least before the opening of the poll.





(3) If a counting agent dies, or becomes incapable of acting, the
candidate may at any time appoint another counting agent in his place,
and shall forthwith give to the returning officer notice in writing of the
name and address of the counting agent so appointed.

41. The returning officer shall make arrangements for counting the
votes in the presence of the candidates, their election agents or their
counting agents as soon as practicable after the close of the poll, and
shall give to the candidates or to their election agents not less than 24
hours' notice in writing of the time and place at which he will begin to
count the votes.

42. (1) The registration officer may appoint as many counting
officers as may be required to assist each returning officer in counting
the votes and shall provide each returning officer with a list of the
counting officers appointed to assist him.

(2) Each returning officer shall cause the list referred to in
paragraph (1) to be displayed in a prominent position within the place
designated under regulation 20 for the purpose of counting the votes.

43. Except with the consent of the returning officer, no person
other than the returning officer, the counting officers appointed under
regulation 42, and the candidates and their election agents and counting
agents may be present at the counting of the votes.

44. (1) Before the returning officer proceeds to count the votes, he
shall, in the presence of such persons as are present in accordance with
regulation 43

(a)open each ballot box and, taking out the ballot papers therein,
count and record the number thereof taken from the ballot
boxes from each polling station in the constituency concerned;

(b) verify each ballot paper account; and

(c) then, separately in respect of each such constituency, mix
together the whole of the ballot papers relating to the
election of the candidates for that constituency.

(2) The returning officer shall not count any tendered ballot paper.

(3) The returning officer shall verify each ballot paper account by
comparing it with the number of the ballot papers recorded by him, and
if necessary or if so required by any person entitled to be present, the
unused and spoilt ballot papers in his possession and shall draw up a
statement as to the result of the verification which any election agent
may copy.





45. (1) Whenever the returning officer shall have drawn up the
statement referred to in regulation 44(3) he shall, subject to regulation
47, cause

(a)in the case of a single member constituency or of a by-
election to fill only one vacancy, the ballot papers on which
votes have been recorded for each candidate to be placed in
separate piles; or

(b)in any other case, the ballot papers on which votes have been
recorded for a single candidate or more than one candidate to
be placed in separate piles in such manner by reference to
each candidate or the candidates as the returning officer may
direct.

(2) The votes recorded for each candidate shall then be counted.

(3) The returning officer shall, so far as practicable, proceed
continuously with counting the votes until completed.

46. (1) A candidate or his election agent may, if present when the
counting or any re-count of the votes is completed, require the
returning officer to have the votes re-counted or again re-counted, but
the returning officer may refuse to do so if in his opinion the request is
unreasonable.

(2) No step shall be taken on the completion of the counting or any
re-counting of votes until the candidates and election agents present at
the completion thereof have been given a reasonable opportunity to
exercise the right conferred by this regulation.

47. (1) Any ballot paper-

(a)on which votes are given for more candidates than the elector
is entitled to vote for;

(b)on which anything is written or marked by which the elector
can be identified;

(ba) which is endorsed on the front with the word 'TENDERED';

(c) which is unmarked or void for uncertainly, or

(d) which is substantially mutilated,

shal(2) Where the elector is entitled to vote for more th, than one void

candidate, the ballot paper shall not be deemed to be y under paragraph
(1)(c) as regards any vote as to which no uncertainty arises, and that
vote shall be counted.

48. (1) The returning officer shall-

(a)endorse the word 'rejected' on any ballot paper which under
regulation 47 is not to be counted; and





(b)in the case of a ballot paper on which any vote is counted
under paragraph (2) of that regulation, endorse the words
'rejected in part and a memorandum thereon specifying the
votes counted.

(2) The returning officer shall, in either case, add to the
endorsement the words rejection objected to', if an objection is made by
any candidate, election agent or counting agent to his decision.

(3) The returning office shall draw up a statement showing
the number of ballot paper rejected, including those rejected in
part, under the several heads of -

(a) voting for more candidates than entitled to;

(b) writing or mark by which the elector could be identified;

(ba) endorsed on the front with the word 'TENDERED';

(c) unmarked or wholly void for uncertainty;

(d) rejected in part;

(e) substantially mutilated.

49. The decision of the returning officer as to any question
arising in respect of any ballot paper shall be final, but shall be subject
to review on an election petition.

50. Where, after the counting of the votes (including any re-count)
is completed, an equality of votes is found to exist between any
candidates and the addition of a vote would entitle any of those
candidates to be declared elected, the returning officer shall forthwith
decide between those candidates by lot, and proceed as if the candidate
on whom the lot falls had received an additional vote.

51. (1) When the result of the poll has been ascertained the
returning officer shall forthwith declare to be elected the candidate or
candidates to who m the majority of votes have been given.

(2) The returning officer shall prepare 5 copies of a notice of result
of election completed in accordance with Form 11 in the Schedule and

(a) forthwith forward one copy to the Chief Secretary;

(b) forthwith forward one copy to the Designated Officer;

(c)forthwith affix one copy to the outside of the outside door of
the place where the count took place;

(d)cause one copy to be published in the Gazette within 10 days
of the day when the result was declared;

(e)retain one copy and place it with the voting papers as directed
in regulation 53;





PART V

DISPOSAL OF DOCUMENTS

52. As soon as practicable after the result of the poll in any
election has been ascertained, the returning officer shall, in the
presence of the candidates, their election agents or their counting
agents, seal up in separate packets-

(a) counted ballot papers;

(b) if necessary, unused and spoilt ballot papers;

(c) rejected ballot papers, including ballot papers rejected in
part; and

(d) tendered ballot papers;

endorsing on each packet a description of its contents, the date of
the election to which they relate and the name of the constituency for
which the election was held.

53. As soon as is practicable after the preparation of the notice of
result of the election under regulation 51(2) the returning officer shall
forward to the registration officer

(a)the ballot paper accounts and the statements referred to in
regulation 44(3);

(b) the statement referred to in regulation 48(3);

(e)all the material dealt with under regulation 52, and unused and
spoilt ballot papers if not dealt with under that regulation;

(d) the sealed packets of the marked copies of the register;

(e) the copy of the notice of result of election; and

(f)all nomination papers, consents to nomination, withdrawals of
nomination, and notices of nomination, appointment of election
agents, polling agents and counting agents received by him.

54. (1) The High Court, on being satisfied by evidence on oath

(a)that the production or inspection of any tendered ballot papers
or rejected ballot papers, including ballot papers

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rejected in part., or
(b) that the inspection of counted ballot papers,

is required for the purpose of instituting or maintaining a prosecution
for an offence in relation to ballot papers, or for the purpose of an
election petition, may make an order for the production or inspection of
any such ballot papers.





(2) An order under this regulation may be made subject to such
conditions as to persons, time, place and mode of production or
inspection of ballot papers as the court may think expedient, and may
direct the registration officer to retain the ballot papers intact for such
period as may be specified in the order.

(3) Any power given to the High Court by this regulation may be
exercised in court or in chambers.

55. Except by order of the High Court made under regulation 54 no
person shall be allowed to inspect any ballot papers in the custody of
the registration officer.

56. Where an order is made for the production by the registration
officer of any document in his possession relating to any specified
election, the production by the registration officer of the document, in
such manner as may be directed by the order, shall be conclusive
evidence that the document so produced relates to the specified
election, and any endorsement appearing on any packet of ballot papers
produced by the registration officer shall be prima facie evidence of
those papers being what they are stated to be by the endorsement.

57. The registration officer shall retain for 6 months all documents
relating to an election forwarded to him by the returning officer in
pursuance of these regulations, and then, unless otherwise directed by
an order made under regulation 54, shall cause them to be destroyed.

PART VI

SUPPLEMENTAL
PROVISIONS

58. Any

(a) returning officer; or

(b) officer appointed under regulation 21(1)(a) or 42,

appointed for the purposes of an election who at that election acts as an
election agent, a polling agent or a counting agent commits an offence
and is liable to a fine of $5,000.

59. No person shall be appointed to act as an officer under these
regulations for the purpose of an election who has been employed by or
on behalf of a candidate in or about such election.





60. A presiding officer may do, by the officers appointed to assist
him, any act which he is required or authorized by these regulations to
do at a polling station except ordering the arrest, exclusion or removal of
any person from the polling station or adjourning a poll.

60A. A returning officer may do, by an assistant returning officer
appointed under section 23 of the Ordinance to assist him, any act
which he is required or authorized by these regulations to do at an
election with the exception of the functions prescribed under
regulations 9, 49, 50 and 5 1 (1).

61. A candidate may himself do any act or thing which an election
agent of his, if appointed, would have been authorized or required to do,
or may assist his election agent in doing any such act or thing, but
before acting under this regulation the candidate shall make the
declaration of secrecy required to be made under regulation 64.

62. Where in these regulations any act or thing is required or
authorized to be done in the presence of the candidates, their election
agents, polling agents or counting agents, the non-attendance of any
such person, at the time and place appointed for the purpose shall not, if
the act or thing is otherwise duly done, invalidate the act or thing done.

63. [Revoked, 65 of 1984, s. 291

64. (1) Every returning officer, and other officer and every other
person authorized to attend at a polling station except as an elector
shall, before entering any polling station, make a declaration of secrecy
in accordance with Form 12 in the Schedule; and every counting agent
and counting officer and every other person authorized to attend at the
counting of the votes shall, before the counting commences, make a like
declaration of secrecy.

(2) In the case of a returning officer the declaration shall be made in
the presence of a justice of the peace, and in the case of any other
officer, any candidate or any agent the declaration may be made in the
presence of a justice of the peace, Commissioner for Oaths or returning
officer.

(3) [Deleted, 65 of 1984, s. 29]

(4) Every returning officer and other officer and every other person
authorized to attend at a polling station or at the counting of the votes,
shall maintain and aid in maintaining secrecy of the votin

g

6~ (1) No person shall-

(a)except for some purpose authorized by law, communicate to
any person any information as to the identity card number or
name on the register of any elector who has or





has not applied for a ballot paper or voted at a polling
station; or
(b)communicate to any person any information obtained at
the counting of the votes, as to the candidate for whom any
vote is given on any particular ballot paper.
(2) No person shall-
(a)interfere with or attempt to interfere with an elector when
recording his vote;
(b)otherwise obtain or attempt to obtain in a polling station
information as to the candidate for whom an elector in
that station is about to vote or has voted;

(c)communicate at any time to any person any information
obtained in a polling station as to the candidate for whom
an elector in that station is about to vote or has voted, or
as to the number on the ballot paper given to an elector at
that station; or

(d)directly or indirectly induce an elector to display his ballot
paper after he has marked it so as to make known to any
person the name of the candidate for or against whom he
has so marked his vote.

(3) Any person who contravenes any of the provisions of
this regulation commits an offence and is liable to a fine of
$5,000.

66. (1) It shall be the duty of the presiding officer to keep
order at his polling station.

(2) If any person misconducts himself in a polling station, or
fails to obey a lawful order of the returning officer or the presiding
officer, such officer may order him to leave the polling station and if
he fails to leave the polling station immediately, he may be removed
from the polling station by a police officer, or by any other person
authorized in writing by the returning officer or the presiding officer
to remove him; and the person so removed shall not. without the
permission of the presiding officer, again enter the polling station
during that day.

(3) Any person so removed may, if charged with the commis-
sion in the polling station of an offence, be dealt with as a person
taken into custody by a police officer for an offence without a
warrant.

(4) The powers conferred by this regulation shall not be
exercised so as to prevent an elector who is otherwise entitled to vote
at a polling station from having an opportunity of voting at that
station.

67. (1) If, when an election is countermanded under regula-
tion 5, polling has begun then the returning officer shall direct that
the poll be abandoned, the proceedings at or consequent on that poll





shall be interrupted and the presiding officer at every polling station in
the constituency concerned shall take the like steps (so far as not
already taken) for the delivery to the returning officer of ballot boxes
and of ballot papers and other documents as he is required to take on
the close of the poll in due course, and the returning officer shall
dispose of ballot papers and other documents in his possession as he is
required to do so on the completion in due course of the counting of the
votes; but

(a)it shall not be necessary for any ballot paper account to be
prepared or verified; and

(b)the returning officer, without taking any step or further step
for the counting of the ballot papers or of the votes, shall seal
up all the ballot papers, whether the votes on them have been
counted or not, and it shall not be necessary to seal up
counted and rejected ballot papers in separate packets.

(2) The provisions of these regulations as to the production,
retention and destruction of ballot papers and other documents relating
to a poll at an election shall apply to any such documents relating to a
poll abandoned under paragraph (1), with the following modifications

(a)ballot papers on which the votes were neither counted nor
rejected shall be treated as counted ballot papers; and

(b)no order shall be made for the -production or inspection of
any ballot papers unless the order is made by a court with
reference to a prosecution.

68. Without prejudice to anything contained herein, a returning
officer may publish or display in such manner as he thinks fit any
notice, declaration or other writing referred to in these regulations.

69. The registration officer shall cause to be made available free of
charge during office hours on working days at his office and at the
office of each returning officer and at such other places throughout
Hong Kong as he deems necessary copies of Forms 3, 4, 5, 7 and 12 in
the Schedule.

70. (1) The deposit made under regulation 8(b) shall either be
returned to the person making it or to his personal representative or be
forfeited to the Crown.

(2) If a candidate is not shown as standing nominated under
regulation 12 or if the election is countermanded under regulation 5, the
returning officer shall as soon as is practicable thereafter return the
receipt for the deposit to the Director of Accounting Services and shall
certify in writing to him that such deposit should be returned, and, as
soon as is practicable thereafter, the Director of Accounting Services
shall return the said deposit to the candidate or to his personal
representative, as the case may be.





(3) Subject to the provisions of paragraph (4), as soon as is
practicable after the notice of the result of the election has been
prepared under regulation 51(2), the returning officer shall return the
receipt for the deposit to the Director of Accounting Services and shall
certify in writing to him, that the deposit should be so returned, and, as
soon as is practicable thereafter, the Director of Accounting Services
shall return the deposit to the candidate or to his personal
representative, as the case may be.

(4) If after the preparation of the notice of result of the election
under regulation 51(2) it is found by the returning officer that less than
one eighth of the electors who recorded their votes in the constituency
concerned have voted for a candidate and that candidate has not been
elected, the returning officer shall return the receipt for the deposit to
the Director of Accounting Services and shall certify in writing to him
that the deposit should be forfeited and thereupon the Director of
Accounting Services shall forfeit the deposit to the Crown.

SCHEDULE

FORM 1 [reg. 3.]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

NOTICE OF ORDINARY ELECTION OF THE *URBAN COUNCIL/
REGIONAL COUNCIL/(name of district) DISTRICT BOARD


1. It is hereby notified that on 1 April (year) there will be the following
vacancies for elected members in the constituencies named below:

Name of Constituencies Number of Vacancies

2. Nominations for the above vacancies will be received by me or one of my
Assistant Returning Officers at (address of the Returning Officer) during office hours on
any working day up to and including 31 January (year).





3. Forms of nomination papers may be obtained free of charge during office
hours on any working day from me or one of my Assistant Returning Officers at
the above address, the Registration Officer at (address of the Registration Officer),
or any District Office.

4. If the election is contested, an ordinary election will be held on
..................................................

Date ............................................

...........

Returning Officer

for the District

* Delete whichever is inapplicable.
1987 ed cap 367 b25




FORM 3 [regs, 6 & 7.]

ELECTORAL PROVISIONS (PROCEDURE)
REGULATIONS

NOMINATION PAPER

ELECTION OF AN URBAN COUNCIL MEMBER/A RE-
GIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the
...................................................................................................

...........................................................
................................------ Constituency
in ..............................
District.

Date of Election: ..................................................................................

1 . We are electors registered for the above constituency and we hereby nominate
the following person as a candidate at the above election.

Candidate's Name Hong Kong Telephone

Identity Card Residential Address

Number Number

Nameof Signature Hong Kong Residential

Identity Card

Number Address

Proposer

Seconder

2.We are electors registered for the above constituency and we hereby assent to
the above nomination.

Hong Kong

Elector's Name SignatureIdentity Card Residential
NumberAddress

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

* Delete whichever is inapplicable.
Note: A note on how to complete this form will be issued separately.
1987 ed cap 367 b27




FORM 4 [reg. 8(a).]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

CANDIDATE'S CONSENT TO NOMINATION AND
DECLARATION OF QUALIFICATIONS

ELECTION OF AN URBAN COUNCIL MEMBER/A REGIONAL
COUNCIL MEMBER/A DISTRICT BOARD MEMBER

for the
...................................................................................................

Constituency
in ......................District.

Date of Election: ..................................................................................

1. I, Name as on

Nomination Paper

Hong Kong Identity
Card Number

Residential Address

hereby consent to my nomination as a candidate at the above
election.

2. I hereby declare that I am qualified under section 18 of the Electoral
Provisions Ordinance for nomination as a candidate and for election.

3. I hereby further declare that to the best of my knowledge and belief I am
not disqualified from being nominated or elected by reason of any disqualification
contained in section 19 of the Electoral Provisions Ordinance.

....................

(Signature of Candidate)

Date .........................................................

4. This form was signed in my presence.

Hong Kong

Name of Witness Identity Residential Address Signature
Card of Witness
Number

Delete whichever is inapplicable.

Note:A note on the qualifications and disqualifications for candidates and on how to complete this form will be
issued separately.
1987 ed cap 367 b29




FORM 5 [reg. 10]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

WITHDRAWAL OF CANDIDATURE

ELECTION OFflAN URBAN COUNCIL MEMBER/A RE
GIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER

for the ...................................................................................................

Constituency
in .....................District.

Dateof Election:..................................................................................

1. I, Name as on

Nomination Paper

Hong Kong Identity
Card Number

Residential Address

am a duly nominated candidate at the above election. However, I do not now wish to be
nominated as such candidate and I hereby withdraw my consent to nomination

dated ...........................................................

................

(Signature of Candidate)

Date

2. This form was signed in my presence.

Hong Kong
Name of Witness Identity Signature
Card Residential Address of Witness
Number

* Delete whichever is inapplicable.

Note: A note on how to complete this form will be issued
separately.
1987 ED CAP 367 B31 1987 ED CAP 367 B32 1987 ED CAP 367 B33





FORM 7 [regs. 15(1) & (3).]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

APPOINTMENT OF ELECTION AGENT

ELECTION OF AN URBAN COUNCIL MEMBER/A REGIONAL
COUNCIL MEMBER/A DISTRICT BOARD MEMBER

for the
...................................................................................................

.....................
Constituency

in ........................................ District.

Date of Election: ..................................................................................

1 . I hereby appoint the following person to act as my election agent at the
above election:

Name of Election Agent

Hong Kong Identity
Card Number

Telephone Number

Residential Address

Candidate's Signature ...........................

Candidate's Name in Block Letters
....................................

Date .....................................................

2. This form was signed in my presence.

Hong Kong
Name of Witness Identity Residential Address Signature
Card of Witness
Number

* Delete whichever is inapplicable.

Note:A note on the appointment ofan election agent generally and how to complete this form will be issued
separately.
1987 ED CAP 367 B35




FORM 8 [reg. 16.]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

NOTICE OF PARTICULARS OF ELECTION AGENTS

ELECTION OF *AN URBAN COUNCIL MEMBER/A
REGIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER

for the
..............................................................................


Constituency

in .......................District.

Date of Election: ..................................................................................

The following is a statement of the particulars of election agents appointed by
the validly nominated candidates at the above election. All claims, notices, writs,
summons and other documents which are required to be sent to the candidates may
be sent to their election agents as indicated below.

Nameof Name of His Election Agent's Election Agent's
Candidate Election Agent Residential Address Telephone
Number

Date

........... 1
.Returning Officer

for the....... District
............

* Delete whichever is inapplicable.
1987 ED CAP 367 B37 FORM 9

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

DIRECTIONS FOR THE GUIDANCE OF ELECTORS IN VOTING

1. You may vote for not more than _____________ candidate(s)*.
2. You will go into one of the compartments and, with the pen provided there, place
a cross on the right-hand side of the ballot paper, opposite the name of the
candidate(s)* for whom you vote, thus X.
3. You will fold up the ballot paper to conceal your vote from being seen by
anybody. You will then leave the compartment and in the presence of the
presiding officer put the ballot paper into the ballot box, and forthwith leave the
polling station.
4. The ballot paper must not be torn in any way.
5. If you have inadvertently spoilt a ballot paper, you may return it to the presiding
officer who will, if he is satisfied of such inadvertence, give you another paper.
6. If you vote for more than _____________ candidate(s)*, or place any mark
on the ballot paper by which you may be indentified afterwards, your ballot paper
will be void and your vote will not be counted.
7. If you fraudulently take a ballot paper out of the polling station or fraudulently
put into the ballot box any paper other than the ballot paper given to you by an
officer at the poll, you will be liable on summary conviction to a fine not
exceeding $500 or to imprisonment not exceeding 3 months, or to both such fine
and such imprisonment.

* Delete whichever is inapplicable. 1987 ed cao 367 b39 1987 ed cap 367 b40 1987 ed cap 367 b41 1987 ed cap 367 b42




FORM 12 [reg. 64.]

ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS

DECLARATION OF SECRECY

ELECTION OF AN URBAN COUNCIL MEMBER/A RE-
GIONAL COUNCIL MEMBERIA DISTRICT BOARD MEMBER

for the ...................................................................................................

................................. Constituency
*in ............................. District.

Date of Election: ..................................................................................

. ...........................

(Name)

of
................................................................................................................................

(residential address)

solemnly promise and declare that, at the above election, 1 will not do anything
forbidden by regulation 65 of the Electoral Provisions (Procedure) Regulations,
which has been read to me.

...................

(Signature)

Date .........................................................

2. Regulation 65 of the Electoral Provisions (Procedure) Regulations has been
read to the declarant by me and the above declaration was made before me.

Signature of *a Justice
of the Peace/
Returning Officer/
Commissioner

for Oaths ..............................

Name in Block
Letters of *a Justice
of the
Peace/Returning
Officer/Commissioner

for Oaths ...

Date.........................................................

* Delete whichever is inapplicable.

Note: A note on regulation 65 of the Electoral Provisions (Procedure) Regulations and how to complete this form
will be issued separately.
1987 ED CAP 367 B44 L.N. 368/81. 65 of 1984. 41 of 1985. L.N. 383/87. Citation. Interpretation. Notice of ordinary election. 65 of 1984,s,29. 41 of 1985,s.24. Form 1. 41 of 1985,s.24. Notices of by-election where office of member declared vacant. 65 of 1984,s.29. 41 of 1985,s.24. (Cap.101.) (Cap. 385.) (Cap. 366.) Form 2. Notice of by-election where on death of disqualification of candidate election is countermanded. Form 2. Nomination of candidates. Form 3. Subscription of nomination paper. Consent to nomination and deposit. Form 4. L.N.383/87. L.N.383/87. Decisions as to validity of nomination papers. Withdrawal of candidature. Form 5. Nomination in more than one constituency. Publication of nominations. Form 6. Declaration of election where number of candidates not in excess of number of vacancies. Publication of notice of by-election to fill remaining vacancies. Form 2. Appointment of election agent. 65 of 1984,s.29. Form 7. Form 7. Notice of particulars of election agents. 65 of 1984,s.29. Form 8. votes to be given by ballot. Entitlement to vote. Hours of poll. L.N. 383/87. Use of buildings as polling stations. 65 of 1984,s.29. Duties of registration officer in relation to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. L.N. 383/87. Directions for guidance of electors in voting. Form 9. Form of Ballot box. Form of ballot paper. 65 of 1984,s.29. Form 10. L.N. 383/87. 65 of 1984,s.29. Appointment of polling agents. 65 of 1984,s.29. Form 12. Admission to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. L.N.383/87. Delineation of polling stations. Offences in polling stations. Sealing of ballot boxes. Questions to be put to elections. 65 of 1984,s.29. Challenge of electors. (Cap. 288.) Issue of ballot papers. 65 of 1984,s.29. Method of voting. Votes marked by presiding officer. Tendered ballot papers. Spoilt ballot papers. Adjournment of poll in case of riot, etc. 65 of 1984,s.29. Procedure at close of poll. 65 of 1984,s.29. Preparation of ballot paper account. Appointment of counting agents. 65 of 1984,s.29. Notification of count. 65 of 1984,s.29. Appointment of counting officers. Persons entitled to be present at the count. Opening of ballot boxes and counting of ballot papers. Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Endorsement of rejected ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Returning officer's decisions in regard to ballot papers. Procedure on equality of votes. Declaration of result. Form 11. Sealing of ballot papers, etc., in packets. 65 of 1984,s.29. L.N.383/87. Disposal of ballot papers, etc. Power of High court in relation to ballot papers. 65 of 1984,s.29. Prohibition of inspection of ballot paper. 65 of 1984,s.29. Production of ballot papers, etc. destruction of ballot papers. Penalty for officers acting as agents. Prohibitions against employees of candidates acting as officers under these regulations. Powers of delegation by presiding officers. Powers of delegation by returning officers. 65 of 1984,s.29. Powers of candidates. Saving. 65 of 1984,s.29. Declaration of secrecy. Form 12. 65 of 1984,s.29. Enforcement of provisions as to secrecy. 65 of 1984,s.29. 65 of 1984,s.29. Keeping order in polling station. Procedure where candidate dies during polling. Display of notices, etc. Certain forms to be made available. Disposal of deposits. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 54 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. 41 of 1985,s.24. L.N.383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24.

L.N. 368/81. 65 of 1984. 41 of 1985. L.N. 383/87. Citation. Interpretation. Notice of ordinary election. 65 of 1984,s,29. 41 of 1985,s.24. Form 1. 41 of 1985,s.24. Notices of by-election where office of member declared vacant. 65 of 1984,s.29. 41 of 1985,s.24. (Cap.101.) (Cap. 385.) (Cap. 366.) Form 2. Notice of by-election where on death of disqualification of candidate election is countermanded. Form 2. Nomination of candidates. Form 3. Subscription of nomination paper. Consent to nomination and deposit. Form 4. L.N.383/87. L.N.383/87. Decisions as to validity of nomination papers. Withdrawal of candidature. Form 5. Nomination in more than one constituency. Publication of nominations. Form 6. Declaration of election where number of candidates not in excess of number of vacancies. Publication of notice of by-election to fill remaining vacancies. Form 2. Appointment of election agent. 65 of 1984,s.29. Form 7. Form 7. Notice of particulars of election agents. 65 of 1984,s.29. Form 8. votes to be given by ballot. Entitlement to vote. Hours of poll. L.N. 383/87. Use of buildings as polling stations. 65 of 1984,s.29. Duties of registration officer in relation to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. L.N. 383/87. Directions for guidance of electors in voting. Form 9. Form of Ballot box. Form of ballot paper. 65 of 1984,s.29. Form 10. L.N. 383/87. 65 of 1984,s.29. Appointment of polling agents. 65 of 1984,s.29. Form 12. Admission to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. L.N.383/87. Delineation of polling stations. Offences in polling stations. Sealing of ballot boxes. Questions to be put to elections. 65 of 1984,s.29. Challenge of electors. (Cap. 288.) Issue of ballot papers. 65 of 1984,s.29. Method of voting. Votes marked by presiding officer. Tendered ballot papers. Spoilt ballot papers. Adjournment of poll in case of riot, etc. 65 of 1984,s.29. Procedure at close of poll. 65 of 1984,s.29. Preparation of ballot paper account. Appointment of counting agents. 65 of 1984,s.29. Notification of count. 65 of 1984,s.29. Appointment of counting officers. Persons entitled to be present at the count. Opening of ballot boxes and counting of ballot papers. Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Endorsement of rejected ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Returning officer's decisions in regard to ballot papers. Procedure on equality of votes. Declaration of result. Form 11. Sealing of ballot papers, etc., in packets. 65 of 1984,s.29. L.N.383/87. Disposal of ballot papers, etc. Power of High court in relation to ballot papers. 65 of 1984,s.29. Prohibition of inspection of ballot paper. 65 of 1984,s.29. Production of ballot papers, etc. destruction of ballot papers. Penalty for officers acting as agents. Prohibitions against employees of candidates acting as officers under these regulations. Powers of delegation by presiding officers. Powers of delegation by returning officers. 65 of 1984,s.29. Powers of candidates. Saving. 65 of 1984,s.29. Declaration of secrecy. Form 12. 65 of 1984,s.29. Enforcement of provisions as to secrecy. 65 of 1984,s.29. 65 of 1984,s.29. Keeping order in polling station. Procedure where candidate dies during polling. Display of notices, etc. Certain forms to be made available. Disposal of deposits. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 54 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. 41 of 1985,s.24. L.N.383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24.

https://oelawhk.lib.hku.hk/items/show/3362

ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) REGULATIONS

ELECTORAL PROVISIONS (REGISTRATION OF
ELECTORS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation page

PART I

PRELIMINARY

1. Citation ................................ ... ... ... ... ... ... ... A 3
2. Interpretation .......................... ... ... ... ... ... ... ... ... A3

3. Designation of polling stations ......... ... ... ... ... ... ... ... ... A 3

4..........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A 3
5. Form of registers ....................... ... ... ... ... ... ... ... ... A 3

PART II

APPLICATIONS FOR INCLUSION IN AND COMPILATION OF
PROVISIONAL REGISTER

6...........................Applications for inclusion in pro~isional register ... ... ... ... ... ... A 4

7.........................................Powers and procedure on applications for inclusion in provisional register A4

8....................Revising officer's list of decisions ... ... ... ... ... ... ... ... ... A 6

9.........................Omission of names from provisional register ... ... ... ... ... ... ... A 6

10............................Entry of corrected particulars in provisional register ... ... ... ... ... A 7

11....................Compilation of provisional register ... ... ... ... ... ... ... ... ... A 7

12. Publication of notice of provisional register and inspection thereof ... ... ... A 8

PART III

APPLICATIONS FOR INCLUSION IN FINAL REGISTER
AND OBJECTIONS THERETO

13........................Applications for inclusion in final register ... ... .... ... ... ... ... A 8

14...................................Powers and procedure on application for inclusion in final register ... ... A 8

15....................Inspection of notices of application ... ... ... ... ... ... ... ... ... A 9

16.............Notices of objection .......... ... ... ... ... ... ... ... ... ... ... A 10
17.............Procedure on objections .... ... ... ... ... ... ... ... ... ... ... ... A 10

18.........................................Registration officer's list of refusals to register and objection to registration A
11

19....................Revising officer's list of decisions ... ... ... ... ... ... ... ... ... A 11

20...........................Entry ofcorrected particulars in final register ... ... ... ... ... ... A 11

PART IV

GENERAL FUNCTIONS oF REVISING OFFICER

21...............................Determination of matters and powers of adjournment. etc . ... ... ... ... A 12

22. Review of decisions by revising officer ... ... ... ... ... ... ... ... ... A 12





Regulation Page

PART V

FINAL REGISTER

23. Compilation of final register ... ... ... ... ... ... ... ... ... ... ... A 12
24. Publication and distribution of final register ... ... ... ... ... ... ... ... A 12
25. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13

PART VI

GENERAL

26. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... A 13
27. Certain specified forms to be made available ... ... ... ... ... ... ... ... A 13





ELECTORAL PROVISIONS (REGISTRATION OF
ELECTORS) REGULATIONS

(Cap. 367, section 17)

[14 August 1981.]

PART I

PRELIMINARY

1. These regulations may be cited as the Electoral Provisions
(Registration of Electors) Regulations.

2. In these regulations, unless the context otherwise requires-

'polling station' means a place designated under regulation 3 to
be used as a polling station at an election;

'working day' means any day other than a general holiday or a
Saturday.

3. (1) As soon as is practicable before 15 August in every
year the registration officer shall designate by notice published in
the Gazette the places within a constituency to be used as polling
stations at elections.

(2) If he is of the opinion that there are special circumstances
the registration officer may designate any other place to be used as
a polling station in substitution for the place designated under
paragraph (1), and may publish, in such manner as he thinks fit,
notice of such designation.

(2A) If he is of the opinion that no place is available within a
constituency that is suitable and appropriate to be used as a polling
station the registration officer may designate by notice published in
the Gazette a place outside that constituency to be used as a polling
station and the provisions of this regulation shall apply to that
designation and place.

(3) A list of polling stations shall be available for inspection at
the office of the registration officer during office hours on working
days.

4. [Revoked, 65 qf 1984, s. 28]

5. (1) A register shall be divided into the same number of
separate parts as there are Districts and each such part shall be
sub-divided by reference to constituencies and polling stations and
shall contain the particulars of all electors entitled to vote in
respect of each constituency and at each polling station indicated
therein.





(2) A register shall be arranged in accordance with the identity card
numbers of the electors entitled to vote at each polling station.

(3) The entry in relation to each elector in the register shall contain
the following particulars

(a) the identity card number of the elector;

(b)the name of the elector, if his application for inclusion in the
register is made

(i) in English, in English; or (ii)
in Chinese, in Chinese;

(c) the letter M or F denoting the sex of the elector;

(d) the residential address of the elector.

(4) Except for the names in Chinese as prescribed in paragraph
(3)(b), the register shall be prepared only in English.

(5) The provisional register and the final register shall be in such
form, consistent with the requirements of this regulation, as the
registration officer considers to be convenient.

(6) The omission from any entry in a register of any of the
particulars specified in paragraph (3) shall not disqualify or debar the
elector from voting at an election.

PART 11

APPLICATIONS FOR INCLUSION IN AND COMPILATION
OF
PROVISIONAL REGISTER

6. Appications for inclusion in the provisional register for
any year may be lodges, either in person or by post, with the
registration officer during the period commencing on 15 August and
ending on 30 September in that year, and shall be in the specified
form duly completed in either English or Chinese.

7. (1) If the registration on officer receives an application under
regulation 6 for inclusion in the provisional register, he shall, as soon as
may be, either

(a)rule that the applicant is entitled to be registered as an elector;
or

(b) rule that the applicant is not entitled to be registered as an

elector: in-'ion

r u'I

'r d, Zt2r in ri

the period
t

yea t r n

it r En glis

rati







Provided that before making a ruling under this paragraph the
registration officer may refer the application back to the applicant for
further particulars or for further proof of his entitlement to registration,
and take no further action on the application unless such particulars or
proof are supplied to his satisfaction before 15 October in the year in
which the application is lodged.





(2) If the registration officer rules that an applicant is entitled to be
registered as an elector he shall, forthwith

(a)determine, on the basis of the residential address declared by
the applicant, the part of the provisional register in which his
particulars shall be entered;

(b)register the applicant as an elector in the provisional register,

and inform the applicant in writing accordingly.

(3) If he rules that an applicant is not entitled to be registered as
an elector, the registration officer shall

(a)on or before 15 October in the year in which the application
was lodged, deliver to the revising officer the name and
address of such applicant; and

(b)obtain forthwith from the revising officer a date, being a date
during the period commencing on 15 October and ending on
25 October in the year in which the application is lodged, and
a time and place for the hearing by the revising officer of
representations (if any) respecting such ruling,

and shall thereupon send to the applicant a notice of refusal of
registration stating

(i)that such registration has been refused and giving the
reasons therefor;

(ii)that the application has been referred to the revising officer
who will sit on a date and at a time and place specified in the
notice (being the date, time and place obtained under sub-
paragraph (b));

(iii)that if the applicant feels aggrieved by such refusal he may
appear either in person or by any other person on his behalf
before the revising officer on the specified date and at the
specified time and place and be heard, or (whether he will
appear or not) make written representations so as to reach the
revising officer, at an address stated in such notice, before the
specified date. and obtain the determination of the revising
officer on such refusal; and

(iv)that if the applicant does not appear either in person or by
any other person on his behalf before the revising officer on
the specified date and At the specified time and place and no
written representations have been received from him by the
revising officer before such date, the revising officer may
assume that his determination on such reftisal is not required
and that, in such case. the registration officer's refusal of
registration shall stand.

(4) If the applicant does not appear either in person or by any other
person on his behalf before the revising officer on the date and





at the time and place specified in the notice of refusal of registration
sent to him under paragraph (3) and no written representations have
been received frorn him by the revising officer before such date, the
revising officer rnay assume that his determination on the ruling of the
registration officer is not required, and accordingly such ruling shall
stand.

8. In every year the revising officer shall, as soon as is convenient
after the conclusibn of the last hearing in respect of applications for
inclusion in the provisional register, refused by the registration officer
under regulation 7 and in any case not later than 30 October, send to the
registration officer a list of

(a)persons whom the revising officer has determined to be
entitled to be registered as electors;

(b)persons whom the revising officer has determined to be not
entitled to be registered as electors; and

(e)persons in respect of whose applications the ruling of the
registration officer shall, under regulation 7(4), stand.

9. (1) The registration officer may make such inquiries as he thinks
fit with a view to ascertaining whether any person whose name appears
in the existing final register

(a) is dead,

(b) has ceased to ordinarily reside in Hong Kong..

(c) has changed his address.,

(d)fails to satisfy the requirements of section 8, 9 or 10 of the
Ordinance; or

(e) is disqualified under section 11 of the Ordinance.

(2) Any such inquiries may be made by notice in writing addressed
to the person referred to in paragraph (1). or to such other source (or to
both such person and such source) as the registration officer thinks fit,
and may be sent by post at any time during the period commencing on 1
April and ending on 30 June in any year.

(3) The registration officer shall omit from the provisional register
to be compiled in the year a notice is sent under paragraph (2) the name
of any person who is the subject of any inquiry under this regulation

(a)if, within one month of the date of such notice, the registration
officer has not received such information as he may have
required in the notice;

(b)if, in reply to such notice, that person has indicated that he
does not wish his name to be included in such register;

(c)if, from the information received from any other source or in
reply to such notice, it appears to the registration officer





that that person is dead or has ceased to ordinarily reside
in Hong Kong, or is disqualified from being, or is not
qualified to be, registered in such register; or

(d)if, notwithstanding any information received in reply to
such notice, the registration officer considers that such
person is dead or has ceased to ordinarily reside in Hong
Kong, or is disqualified from being, or is not qualified to
be, registered in such register.

(4) Where, pursuant to paragraph (3)(d), the registration
officer omits from a provisional register the name of any person, he
shall proceed as provided in regulation 7(3) as if the information
received by him in reply to a notice sent under paragraph (2) were an
application received under regulation 6, and regulations 7(4) and 8
shall apply mutatis mutandis.

10. (1) Any elector who considers that any of the particulars
of the entry relating to him in the existing final register are, for any
reason, incorrect, may notify the registration officer by post stating
the correction requested to any such particular.

(2) If a notice under paragraph (1) is received by the registra-
tion officer on or before 15 October in any year, he may, when com-
piling the provisional register in that year, enter in the appropriate
place therein the particulars of the elector concerned duly corrected
as requested in the notice.

(2A) If as a result of information obtained from inquiries
made under regulation 9 or as a result of information obtained
from any other source the registration officer on or before 15 October
in any year, considers any particular of the entry the subject of such
information to be incorrect, he may, when compiling the provisional
register in that year, enter in the appropriate place therein the
particulars of the elector duly corrected.

(3) Any correction in an entry made under paragraph (2)
or (2A) shall be notified by the registration officer to the elector
concerned by post.

11. A provisional register shall be compiled and contain-

(a)subject to regulations 9 and 10, the particulars of those
persons whose names appear in the existing final register;
and

(b)the particulars of those persons who, during the period
prescribed in regulation 6 for the making of applications
for inclusion in that register, have duly applied for inclu-
sion therein and whom the registration officer has ruled, or
the revising officer has determined, as the case may be, to
be entitled to be registered therein.





12. (1) As soon as practicable after the compilation of the
provisional register the registration officer shall publish in the Ga-7elte
and in at least one English language daily newspaper and one Chinese
language daily newspaper, each circulating in Hong Kong, a notice that
a copy of the provisional register is available for public inspection.

(2) A copy of the provisional register shall be available for public
inspection free of charge at the address specified in the notice
published under paragraph (1) during office hours on any working day
in the period commencing on the date of the publication of such notice
and ending on 20 November in the same year.

PART III

APPLICATIONS FOR INCLUSION IN FINAL REGISTER
AND
OBJECTIONS THERETO

13. (1) Any person whose name does not appear in a provisional register and who
considers that he is entitled to be registered as an elector may apply to have his
name included in the final register by lodging a notice of application in the specified
form with the registration officer.

(2) Notices of application for inclusion in the final register
shall be lodged by hand in person with the registration officer at any
time during office hours on any working day i the period commencing
on the date of publication of the notice under regulation 12(1) and
ending on 20 November in the same year.

(3) The registration officer may call upon any person lodging
a notice of application under paragraph (1) to identify himslf by
such means as the registration officer considers expedient.

14. (1) If the registration officer receives an application under
regulation 13 for inclusion in the final register he shall, as soon as may
be, either

(a)rule that the applicant is entitled to be registered as an elector;
or

(b)rule that the applicant is not entitled to be registered as an
elector.

(2) If the registration officer rules that the applicant is entitled to
be registered as an elector he shall forthwith

(a)determine, on the basis of the residential address declared by
the applicant, the part of the final register in which his
particulars shall be entered;

(b) register the applicant as an elector in the final register,

and inform the applicant by post accordingly.





(3) If the registration officer rules that the applicant is not entitled
to be registered as an elector he shall obtain forthwith from the revising
officer a date, being a date during the period commencing on 30
November and ending on 10 December in the year in which the
application is lodged, and a time and place for the hearing by the
revising officer of representations (if any) respecting such ruling, and
shall thereupon send to the applicant a notice of refusal of registration
stating

(a)that such registration has been refused and giving the
reasons therefor;

(b)that the application has been referred to the revising officer
who will sit on a date and at a time and place specified in the
notice (being the date, time and place obtained under this
paragraph);

(e)that if the applicant feels aggreived by such refusal he may
appear either in person or by any other person on his behalf
before the revising officer on the specified date and at the
specified time and place and be heard, or (whether he will
appear or not) make written representations so as to reach the
revising officer, at an address stated in such notice, before the
specified date, and obtain the determination of the revising
officer on such refusal; and

(d)that if the applicant does not appear either in person or by
any other person on his behalf before the revising officer on
the specified date and at the specified time and place and no
written representations have been received from him by the
revising officer before such date, the revising officer may
assume that his determination on such refusal is not required
and that, in such case, the registration officer's refusal of
registration shall stand.

(4) If the applicant does not appear either in person or by any other
person on his behalf before the revising officer on the date and at the
time and place specified in the notice of refusal of registration sent to
him under paragraph (3) and no written representations have been
received from him by the revising officer before such date, the revising
officer may assume that his determination on the ruling of the
registration officer is not required, and accordingly such ruling shall
stand.

15. Notices of application for inclusion in the final register under
regulation 13 shall be made available for inspection in the registration
officer's office during office hours on any working day until 25
November in the year in which such notices were lodged.





16. (1) Any person who considers that any other person-

(a)who has applied under regulation 13 to have his name
included in the final register; or

(b) whose name appears in a provisional register,

is not entitled to be registered as an elector may object to the inclusion
of such name in the final register by lodging by hand in person with the
registration officer, on or before 25 November of the year in which the
objection is lodged, a notice of objection in the specified form.

(2) The registration officer may call upon any person lodging a
notice of objection under paragraph (1) to identify himself by such
means as the registration officer considers expedient.

17. (1) If the registration officer receives a notice of objection under
regulation 16 to the inclusion of a name in the final register, he shall
forthwith

(a)refer the matter of the objection to the revising officer for
determination; and

(b)obtain from him a date, being a date during the period
commencing on 30 November and ending on 10 December in
the year in which the notice of objection is lodged, and a time
and place for the hearing by the revising officer of the notice
of objection,

and shall thereupon notify in writing both the person objecting and the
other person named in such notice of objection

(i)that the matter of the objection has been referred to the
revising officer for determination on the date and at the time
and place specified in the notification (being the date, time and
place obtained under sub-paragraph (b) ); and

(ii)that the person objecting and such other person may each
appear before the revising officer on such date and at such
time and place either in person or by any other person on his
behalf, and be heard, or (whether he will appear or not) make
written representations so as to reach the revising officer, at
an address stated in such notification, before the specified
date, and obtain the determination of the revising officer on
such objection.

(2) Every such objection shall be considered by the revising officer
who shall give his determination thereon, but where the person
objecting or the other person named in the notice of objection does not
appear either in person or by any other person on his behalf before the
revising officer on the date and at the time and place specified in the
notification sent to him under paragraph (1) and no written
representations have been received from him by the revising officer
before such date, the revising officer may nevertheless consider and
determine the objection in his absence and in the absence of any
representations from him.





18. On or before 30 November in every year the registration officer
shall deliver to the revising officer a list containing the following
particulars

(a)the name and address of each person who has lodged an
application under regulation 13 for inclusion in the final
register and whom, under regulation 14(1)(b), the registration
officer has ruled to be not entitled to be registered; and

(b)the name and address of each person who has lodged a
notice of objection under regulation 16, and the identity card
number, name and address of each person the inclusion of
whose name in the final register has been objected to in that
notice.

19. As soon as is convenient after the conclusion of the last
hearing in respect of applications and objections (if any) made under
this Part in any year and in any case not later than 15 December in that
year, the revising officer shall send to the registration officer a list of

(a)persons whom the revising officer has determined to be
entitled to be registered as electors;

(b)persons whom the revising officer has determined to be not
entitled to be registered as electors;

(c)persons the inclusion of whose names in the final register has
been objected to in accordance with regulation 16 and the
objection has been allowed by the revising officer;

(d)persons the inclusion of whose names in the final register has
been objected to in accordance with regulation 16 and the
objection has been disallowed by the revising officer; and

(e)persons in respect of whose applications the ruling of the
registration officer shall, under regulation 14(4), stand.

20. (1) If a notice under regulation 10(1) is received by the
registration officer after 15 October in any year, he may, subject to
paragraph (3), when compiling the final register in the year next
following enter in the appropriate place therein the particulars of the
elector concerned duly corrected as requested in the notice.

(2) Any correction in an entry made under paragraph (1) shall be
notified by the registration officer to the elector concerned by post.

(3) The registration officer shall not, for the purposes of paragraph
(1), be required to consider any notice under regulation 10(1) if received
by him after 10 December in any year.





PART IV

GENERAL FUNCTIONS OF REVISING OFFICER

21. Every matter which is to be determined by the revising officer
under these regulations shall be determined before the expiration of the
period prescribed in relation to any such matter in regulation 7(3)(b) and
in regulations 14(3) and 17(1)(b), respectively, ,and the hearing of any
such matter shall, so far as is practicable consistently with the interests
of justice in respect of the hearing, be continued from day to day, other
than a general holiday, until its conclusion; but, subject to the foregoing,
the hearing and determination of any such matter may be adjourned from
time to time.

22. At any time before the expiration of the period prescribed in
relation to any matter referred to in regulation 21, the revising officer
may, on his own initiative or, for good cause shown, on the application
of the registration officer or any other person concerned in any such
matter previously determined by the revising officer under, these
regulations within the same such period, review his decision in such
matter, and for this purpose may re-open and re-hear the matter wholly
or in part, and take fresh evidence, and reverse or confirm his previous
decision.

PART V'

FINAL REGISTER

23. As soon as is convenient after the receipt from the revising
officer of the list referred to in regulation 19 the registration officer shall
compile the final register which shall consist of the provisional register

(a)with the addition thereto of the particulars of all persons
whom, under Part Ill, he has ruled or the revising officer has
determined to be entitled to be registered as electors;

(b)with the omission therefrom of the particulars of all persons in
respect of which objections under regulation 16 have been
allowed by the revising officer; and

(c) with any corrections made under regulation 20.

24. (1) Publication of the final register shall be made by notice in
the Gazette and in at least one English language newspaper and in at
least one Chinese language newspaper, each circulating in Hong Kong,
to the effect that a copy of the final register or specified part thereof is
available for public inspection during office hours on working days at
the addresses specified in such notice.

(2) As soon as the' final register has been published the
registration officer shall transmit a copy thereof to the Chief Secretary.





25. [Revoked, 65 of 1984, s. 281

PART VI

GENERAL

26. Any person who-

(a) in any form lodged under regulation 6, 13 or 16; or

(b) in reply to a notice sent to him under regulation 9(2),

makes any statement which he knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular or knowingly omits any material particular
commits an offence and is liable to a fine of $5,000 and to imprison-
ment for 6 months.

27. The registration officer shall cause to be made available
free of charge at his office during office hours on working days and at
all post offices and at such other places throughout Hong Kong as
he deems necessary the specified forms referred to in regulations 6,
13 and 16.
L.N. 262/81. 65 of 1984. Citation. Interpretation. Designation of polling stations. 65 of 1984. S. 28. 65 of 1984. S.28. Form of registers. Applications for inclusion in provisional register. 65 of 1984.s.28. Powers and procedure on applications for inclusion in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Omission of names from provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Entry of corrected particulars in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Compilation of provisional register. Publication of notice of provisional register and inspection thereof. 65 of 1984,s.28. Applications for inclusion in final register. 65 of 1984,s.28. Powers and procedure on application for inclusion in final register. 65 of 1984,s.28. Inspection of notices of application. Notices of objection. 65 of 1984,s.28. Procedure on objections. 65 of 1984,s.28. Registration officer's list of refusals to register and objection to registration. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Entry of corrected particulars in final register. 65 of 1984,s.28. Determination of matters and powers of adjournment, etc. Review of decisions by revising officer. Compilation of final register. Publication and distribution of final register. Offences and penalties. Certain specified forms to be made available.

L.N. 262/81. 65 of 1984. Citation. Interpretation. Designation of polling stations. 65 of 1984. S. 28. 65 of 1984. S.28. Form of registers. Applications for inclusion in provisional register. 65 of 1984.s.28. Powers and procedure on applications for inclusion in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Omission of names from provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Entry of corrected particulars in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Compilation of provisional register. Publication of notice of provisional register and inspection thereof. 65 of 1984,s.28. Applications for inclusion in final register. 65 of 1984,s.28. Powers and procedure on application for inclusion in final register. 65 of 1984,s.28. Inspection of notices of application. Notices of objection. 65 of 1984,s.28. Procedure on objections. 65 of 1984,s.28. Registration officer's list of refusals to register and objection to registration. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Entry of corrected particulars in final register. 65 of 1984,s.28. Determination of matters and powers of adjournment, etc. Review of decisions by revising officer. Compilation of final register. Publication and distribution of final register. Offences and penalties. Certain specified forms to be made available.

https://oelawhk.lib.hku.hk/items/show/3361

ELECTORAL PROVISIONS ORDINANCE

LAWS OF HONG KONG

ELECTORAL PROVISIONS ORDINANCE

CHAPTER 367





CHAPTER 367

ELECTORAL PROVISIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...........................3
2. Interpretation ........................3
3. Declaration of constituencies and vacancies for members therein 5
4. Forms .................................5
5. The Governor may give directions ......5

PART II

ELECTORAL FRANCHISE


6. Entitlement to vote ...................6
7. Qualification for registration as an elector 6
8. Residential qualification .............6
9. Age qualification .....................7
10. Possession of identity card ..........7
11. Disqualification from registration ...7
12. Elector may only vote in respect of his own constituency 8

PART III

REGISTRATION

13. Registration officer and staff .......8
14. Compilation of registers .............9
15. Revising officer .....................9
16. Appeals to revising officer ..........9
17. Power to make regulations ............9

PARTIV

QUALIFICA11ONS FOR CANDIDATURE AND ELECTION
OF MEMBERS
AND MATTERS CONNECTED THEREWITH

18. Qualification for nomination as a candidate 10
19. Disqualifications for nomination or election 10





Section.................................... Page
20. Eligibility for re-election .........11
21. Any elector may be a candidate, but for one constituency only 11
22. Effect of election to second District Board 12
22A. Effect of election in other Council area 12
PART V
ELECTIONS
23. Returning officers and staff ........13
24. Conduct of elections ...................................13
25. Saving ..............................13
26. Presumption of validity of election .14
27. Penalties concerning conduct of elections 14
28. Power to make regulations ...........14

PART VI

ELECTION
PETITIONS

29. Interpretation ......................15
30. Power to question election by petition 15
31. Who may present petition ............15
32. Who may be respondent ...............16
33. Signature and presentation of petition 16
34. Jurisdiction of Supreme Court in respect of petition 16
35. Time within which petition shall be presented 16
36. Security for costs ..................17
37. Determination of Court ..............17
38. Withdrawal of petition ..............17
39. Abatement of petition ...............18
40. Withdrawal and substitution of respondent 19
41. Validation of acts done pending a petition 19
42. Elections in place of persons unseated on petition 19
PART VII
MISCELLANEOUS
43. Time limit for laying complaint or information 19

44. Secrecy............................of vote
............................................................................................. 20





CHAPTER 367

ELECTORAL PROVISIONS

Toprovide for the elections of persons to act as member of the Urban Council, of
the Regional Council and of District Boards and for matters connected
therewith.

(Amended 41 of 1985 s. 15)

[17July1981] L.N. 226 of 1981

Originally 43 of 1981 - L.N. 370 of 1981,4 of 1982,65 of 1984, 41 of1985, R.Ed. 1985, 31 of
1987, 11 of 1988, 84 of 1988, L.N. 378 of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Electoral Provisions Ordinance.

2. Interpretation

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

'by-election' means an election, other than an ordinary election, held to fill any
vacancy in the office of a member which occurs or is declared under this
Ordinance or any other enactment;

'constituency' means an area declared to be a constituency under section
3(1)(a), (b) or (e); (Amended 41 of 1985 s. 16)

'Designated Officer' means in relation to, or to any matter arising from, an election

(a) to the Urban Council, the Secretary of the Urban Council;

(b) to the Regional Council, the Secretary of the Regional Council;

(c)in a District in the Urban Council area, the Regional Secretary (Hong
Kong and Kowloon);

(d) in a District in the Regional Council area, the Regional Secretary
(New Territories); (Replaced 41 of 1985 s. 16)

'District' has the meaning assigned to it in the District Boards Ordinance

(Cap. 366);

'election' means an ordinary election or a by-election of persons to act as members







(a) ofthe Urban Council;

(b) of the Regional Council; or

(c) of a Distriet Board; (Replaced 41 of 1985s 16)

election petition' means an election petition under Part VI;

'elector' means a person whose name or identity card number is included in
a register under this Ordinance and who is not disqualified from being

registered or from voting at an election; (Amended 65 of 1984s. 17)

'final register' means, in relation to the registration of electors or to any election,
the final register compiled and published under this Ordinance and in force on
the date of the registration or the election, as the case may be;
'identity card' means an identity card issued under the Registration of Persons
Ordinance (Cap. 177);

'identity card number' means the reference number appearing on an identity card;

'member' means a person who has been elected to act as a member of the Urban
Council, of the Regional Council or of a District Board; (Amended 41 of 1985 s. 16)

'ordinary election' means an election to fill the vacancies on the Urban Council, on
the Regional Council or on a District Board caused by the expiration of the term
of office of members; (Replaced 65 of 1984 s. 17. Amended 41 of 1985 s. 16)

'provisional register' means the provisional register compiled under this
Ordinance;

'Regional Council area' has the meaning assigned to it in the District Boards
Ordinance(Cap. 366); (Added4] of 1985 s. 16)

'register' means a register of electors compiled under this Ordinance;

'registration officer' means a person appointed under section 13 to be the
registration officer or an assistant registration officer;

'returning officer' means a person appointed under section 23 to be a returning
officer or an assistant returning officer;

revising officer' means the Registrar of the Supreme Court or where the Chief
Justice has, under section 15, appointed any other person to perform the duties
of a revising officer, such other person;

'specified form' means a form specified under section 4; (Amended4] of 1985 s. 16)

'Urban Council area' has the meaning assigned to it in the District Boards
Ordinance(Cap. 366). (Added4] of 1985 s. 16)

(2) This Ordinance shall not apply to the election by the members of a District
Board of a representative member under the Regional Council

Ordinance (Cap. 385) or the Urban Council Ordinance (Cap. 101). (Replaced

84 of 1988 s. 15)

(Amended 65 of 1984 s. 17)





3. Declaration of constituencies and

vacancies for members therein

(1) By order published in the Gazette



(a) the Governor in Council may declare any area of a District in the
Urban Council area to be a constituency for the purpose of the
election of persons to act as members of the Urban Council;
(Replaced 41 of 1985 s. 17)

(b)the Governor in Council may declare any area of a District in the
Regional Council area to be a constituency for the purpose of the
election of persons to act as members of the Regional Council;
(Replaced 41 of 1985 s. 17)

(c)the Governor in Council may declare any area of a District to be a
constituency for the purpose of the election of persons to act as
members of the District Board established for that District;
(Replaced 41 of 1985 s. 17)

(d)the Governor may, in respect of any constituency declared under
paragraph (b) or (c), declare the number of vacancies for members
constituency. (Added4] of 1985 s. 17)

(2) Where a declaration under subsection (1)(a), (b) or (c) is made by reference
to a map delineating a bonstituency copies of that map shall be kept and made
available for inspection free of charge during office hours at the office ofthe
registration officer. (Amended4] of 1985 s. 17)

(3) A map certified by the registration officer as a true copy of a map
delineating the area of a constituency under subsection (2) shall be conclusive
evidence of the area of that constituency.

(4) A map purporting to be certified by the registration officer as a true copy of
a map delineating the area of a constituency under subsection (2) shall in any
proceedings before a court be admitted in evidence without further proof, and until
the contrary is proved, shall be presumed to be certified by the registration officer.

4. Forms

Subject to this Ordinance, the registration officer may specify the form of any
application, notice, record, return or other document required for the purposes of
this Ordinance.

5. The Governor may give directions

(1) The Governor may give such directions as he thinks fit, either generally or
in any particular case, with respect to the exercise or performance by any public
officer of any functions, duties or powers under this Ordinance.





(2) A public officer shall, in the exercise or performance of his functions, duties
or powers under this Ordinance, comply with any direction given by the Governor
under subsection (1). (AmendedL.N. 378 of 1989)



PART II

ELECTORAL FRANCHISE

6. Entitlement to vote

(1) A person shall be entitled to vote at an election if, and shall not be so
entitled unless, having regard to section 7, he is registered as an elector in the final
register of electors in force on the date the election.

(2) A person registered as an elector in the final register of electors in force on
the date of an election shall not be excluded from voting at that election on the
ground that, having regard to section 7, his name ought not to be in the final
register; but this subsection shall not prevent the Court from exercising its powers
under section 37 or affect his liability to any penalty for voting.

(Amended 65 of 1984 s. 19)

7. Qualification for registration as an elector

Subject to sections 8, 9, 10 and 11, a person shall be entitled to be registered as
an elector in any register if, and shall not be so entitled unless, either

(a) he is in fact registered as an elector in the existing final register; or

(b)under the provisions of this Ordinance, he applies for inclusion and
is lawfully entitled to be registered as an elector in any such register.

8. Residential qualification

(1) Subject to subsection (2), no person shall be entitled to be registered as an
elector in any register unless he has ordinarily resided in Hong Kong for the 7 years
immediately preceding the date of his application for inclusion in the register.

(2) The requirement in subsection (1) relating to ordinary residence in Hong
Kong for 7 years shall not apply to any person who is a Hong Kong permanent
resident within the meaning of the Immigration Ordinance

(Cap.115). 65 of 1984s. 20. Amended 31 of 1987s. 28)





9. Age qualification

No person shall be entitled to be registered as an elector in any register or,
even if registered, to vote at an election who either has not attained the age of 21
years or will not have attained that age on or before 31 December in the year in
which he applies for inclusion in such register.

(Amended 65 of 1984 s. 21)

10. Possession of identity card

No person shall be entitled to be registered as an elector unless, at the time he
applies for inclusion in a register, he shows to the satisfaction of the registration
officer that he

(a)is in possession of an identity card issued to him under the
Registration of Persons Ordinance (Cap. 177); or

(b) has, under that Ordinance-

(i) applied for a new identity card; or

(ii) requested the alteration of his identity card or the issue of a new
identity card,

in replacement of the identity card previously issued to him,
and furnishes to the registration officer his identity card number.

11. Disqualification from registration

(1) A person shall be disqualified from being registered as an elector or, even if
registered, from voting at an election, if he

(a) has in Hong Kong or any other territory or country been
sentenced to death or imprisonment (by whatever name called)
for a term exceeding 6 months and has not either suffered the
punishment to which he was sentenced or such other punishment
as may by competent t authority have been substituted therefor or
received a free pardon;

(b)is the subject of a decision under the Mental Health Ordinance (Cap.
136) that he is of unsound mind and incapable of managing himself
and his affairs; (Replaced 41 of 1985 s. 18)

(c)is a member of the regular armed forces of the Crown, not being

(i) a locally enlisted member of such forces; or

(ii) a commissioned officer who has previously served as such an
enlisted member;

(d)where the election is to be held or is held within 7 years from the date
of conviction, has been convicted





(i)of a corrupt practice or of an illegal practice within the meaning
of the Corrupt and Illegal Practices Ordinance (Cap. 288), other
than the illegal practice consisting of a contravention of any of
the provisions of section 19(2) of that Ordinance, or of a corrupt
or illegal practice within the meaning of any other enactment for
the time being in force providing for the punishment of corrupt
or illegal practices;

(ii) (Repealed 65 of 1984 s. 22)

(iii)of any ofrence under the Prevention of Bribery Ordinance (Cap.
201); or

(e)on the date he applies for registration or on the date of the election,
is serving a sentence of imprisonment.

(2) A person shall not be disqualified from voting at an election by reason only
of the fact that he is lawfully employed for payment by or on behalf of a candidate
at such election.

(3) Nothing in subsection (1)(b) shall prevent the registration as an elector or, if
registered, the voting at an election of a person to whom subsection (1)(b) applied if
under the Mental Health Ordinance (Cap. 136) it is subsequently found that his
unsoundness of mind has ceased. (Added4] of 1985 s. 18)

12. Elector may only vote in respect

of his own constituency

No elector shall vote at an election except in respect of the constituency of his
residence entered in the final register.

PART 111

REGISTRATION

13. Registration officer and staff

(1) For the purpose of the registration of electors, the Governor may appoint a
registration officer, and any assistant registration officers, as he thinks fit.

(2) Notification of the appointment and the address of the registration officer
shall be published in the Gazette.

(3) The registration officer shall be provided with such staff as may be required
from time to time.

(4) All expenses properly incurred by the registration officer in the performance
of his duties under this Ordinance shall be payable out of the general revenue of
Hong Kong.





14. Compilation of registers

(1) Subject to this Ordinance, the registration officer shall

(a)compile a provisional register before 15 November in each year; and

(b)compile and publish in the prescribed manner a final register before
15 January of the following year. (Amended 65 of 1984 s. 23; 41 of
1985 s. 19)

(2) A final register shall come into force on the date of publication thereof and
shall remain in force until the publication of the next final register.

(3) The registration officer may rectify any clerical or printing error or any
incorrect name, address or other personal particulars appearing in any register.
(Added4] of 1985 s. 19)

15. Revising officer

(1) The Registrar of the Supreme Court shall perform the functions of revising
officer under and in accordance with this Ordinance:

Provided that the Chief Justice may appoint any magistrate or any legal officer
(within the meaning of the Legal Officers Ordinance (Cap. 87) ) to perform the
functions of a revising officer.

(2) While a revising officer is sitting as such he shall have the powers and
protection of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates
Ordinance (Cap. 227).

16. Appeals to revising officer

(1) Subject to this Ordinance, an appeal shall lie to the revising officer from any
decision of the registration officer and the decision of the revising officer on any
such appeal shall be final.

(2) The registration officer or an assistant registration officer shall appear
before the revising officer in person in respect of any such appeal.

(3) Any other person concerned in any such appeal may appear before the
revising officer in person and in addition may be represented by his legal adviser.

17. Power to make regulations

The Governor in Council may by regulation provide for

(a) the registration of electors;

(b)the form, compilation, revision and correction, and the manner of
publication, of the registers;

(c) the ascertainment of the qualifications of electors;

(d) the functions of a revising officer;





(e) the conduct of appeals to a revising officer from decisions of the
registration officer;
the designation of polling stations;

(g)generally, the carrying into effect of the provisions and purposes of
this Part.

PART IV

QUALIFICATIONS FOR CANDIDATURE AND ELECTION OF
MEMBERS
AND MATTERS CONNECTED THEREWITH

18. Qualification for nomination as a candidate

(1) Subject to subsection (2), any person, unless disqualified by virtue of this
Ordinance or any other enactment, shall be qualified for nomination as a candidate if
he is entitled to be and is registered as an elector.

(2) No elector shall be qualified for nomination as a candidate or for election
unless he has ordinarily resided in Hong Kong for the 10 years immediately
preceding the date of his nomination.

19. Disqualifications for nomination or election

(1) A person shall be disqualified for being elected or being nominated as a
candidate or holding office as a member if he

(a)holds any public office (other than as a member of an auxiliary force)
or any office of emolument in the gift or disposal of the Urban
Council, or of the Regional Council, or any committee thereof or
having held such office has been dismissed therefrom; (Amended4]
of 1985 s. 20)

(b)has in Hong Kong or any other territory or country been sentenced
to death or imprisonment (by whatever name called) for a term
exceeding 3 months and has not either suffered the punishment to
which he was sentenced or such other punishment as may by
competent authority have been substituted therefor or received a free
pardon;

(c) has been convicted of treason;

(d)is disqualified for being elected or being nominated as a candidate or
holding office as a member under any enactment;

(e)is a member of any parliament, assembly or council, whether central
or local, of any place outside Hong Kong or a salaried functionary of
a government of such place; (Amended4] of 1985 s. 20)





is an undischarged bankrupt or, within the previous 5 years, has
either obtained his discharge in bankruptcy or has entered into a
composition with his creditors, in either case without paying his
creditors in full',

(g)where the election is to be held or is held within 10 years from the
date of conviction, has been convicted

(i) of any ofrence in Hong Kong or any other territory or country
and sentenced to imprisonment, whether suspended or not, for
a term exceeding 3 months without the option of a fine;

(ii) of a corrupt practice or illegal practice within the meaning of the
Corrupt and Illegal Practices Ordinance (Cap. 288), other than
the illegal practice consisting of a contravention of any of the
provisions of section 19(2) of that Ordinance, or of a corrupt or
illegal practice within the meaning of any other enactment for
the time being in force providing for the punishment of corrupt
or illegal practices;

(iii) (Repealed 65 of 1984 s. 24)

(iv) of any offence under the Prevention of Bribery Ordinance (Cap.
201); or

(h)on the date of nomination or of the election is serving a sentence of
imprisonment.

(2) A person shall be disqualified-

(a)from being elected or being nominated as a candidate in an election if
there is in force a decision under the Mental Health Ordinance (Cap.
136) that he is of unsound mind and incapable of managing himself
and his affairs;

(b)from holding office as a member if a decision is made under the
Mental Health Ordinance (Cap. 136) that he is of unsound mind and
incapable of managing himself and his affairs, but a person
disqualified under this paragraph shall be eligible for re-election if
under that Ordinance it is subsequently found that his unsoundness
of mind has ceased. (Added4] of 1985 s. 20)

20. Eligibility for re-election

A person ceasing to be a member shall, unless he is not qualified or is
disqualified, be eligible to be again elected or nominated as a candidate for election
as a member.

21. Any elector may he a candidate,
but for one constituency only

(1) Subject to this Ordinance, any elector shall be qualified to stand as a
candidate for and be elected as a member of the Urban Council, the Regional







Council or a District Board for any constituency. (Amended 65 of 1984 s. 25; 41 of
1985 s. 21)

to stand as a candidate for more than

(2) An elector shall not be qualified to stand as a candidate for more than
one constituency in anyone election. (Replaced 11 of 1988s.2)

(3) subject to subsections (4) and (5) and sections 22 and 22A, an elector shall
not be qualified to be elected for more than one constituency. (Added]] of 1988 s.
2)

(4) In the Urban Council area, an elector may be elected as a member for one
constituency of the Urban Council and for one constituency of a District Board in
the Urban Council area. (Added 11 of 1988s.2)

(5) In the Regional Council area, an elector may be elected as a member for one
constituency of the Regional Council and for one constituency of a District Board
in the Regional Council area. (Added 11 of 1988s.2)

22. Effect of election to second District Board

Any person who, being a member of a District Board, is elected as a member of
another District Board shall not be disqualified from being so elected by section
21(3) and shall be deemed to have resigned his membership of the first-mentioned
District Board with effect from the day immediately preceding the date on which he
commences to hold office as an elected member of the second-mentioned District
Board.

(Replaced 11 of 1988 s. 3)

22A. Effect of election in other Council area

(1) Any person who, being an appointed or elected member of

(a) the Urban Council; or

(b) a District Board in the Urban Council area, is
elected as a member of

(i) the Regional Council; or

(ii) a District Board in the Regional Council area, shall not be disqualified
from being so elected by section 21(3) and shall be deemed to have resigned his
membership referred to in paragraph (a) or (b) or, if applicable, in both paragraphs
with effect from the day immediately preceding the date on which he commences to
hold office as an elected member in a body referred to in either paragraph (i) or (ii).

(2) Any person who, being an appointed or elected member of

(a) the Regional Council; or

(b) a District Board in the Regional Council area, is
elected as a member of

(i) the Urban Council; or

(ii) a District Board in the Urban Council area,





shall not be disqualified from being so elected by section 21(3) and shall be deemed
to have resigned his membership referred to in paragraph (a) or (b) or, if applicable,
in both paragraphs with effect from the day immediately preceding the date on
which he commences to hold office as an elected member in a body referred to in
either paragraph (i) or (ii).

(Replaced 11 of 1988 s. 4)

PART V

ELECTIONS

23. Returning officers and staff

(1) For the purposes of any election the Governor may, for each District
concerned, appoint a returning officer, and any assistant returning officers, as he
thinks fit.

(2) Notification of the appointment of a returning officer and his address shall be
published in the Gazette.

(3) A returning officer shall be provided with such staff as may be required
from time to time.

(4) All expenses properly incurred by a returning officer in the performance of
his duties under this Ordinance shall be payable out of the general revenue of Hong
Kong.

24. Conduct of elections

(1) A returning officer shall, subject to this Ordinance, conduct the
election in the District for which he is appointed.
(2) No by-election to fill a vacancy in the offie of a member shall be
conducted within the 2 months preceding 1 March of any year in which an
ordinary election is to be held, and any such vacancy shall be filled at the
ordinary election held in that month or at a by-election held in lieu of such
ordinary election if such ordinary electin has been countermanded in
accordance with regulations made under section 28.

25. Saving

(1) An election shall not be invalidated by non-compliance with provisions of
any regulations made under this Ordinance or mistake in the use of any specified
forms if it appears to the Court having cognizance of the question that the election
was conducted in accordance with the principles laid down in this Ordinance and
that the non-compliance or mistake did not affect the result of the election.





(2) No misnomer or inaccurate description of any person or place named in any
register, electors' list, nomination paper, ballot paper, voting paper, or notice, shall
affect the full operation of that document with respect to that person or place, in
any case where the description of the person or place is such as to be commonly
understood.

26. Presumption of validity of election

(1) An election, unless questioned by election petition within the period fixed
under section 35 for the presentation of such a petition, shall be deemed to have
been a good and valid election.

(2) An election shall not be liable to be questioned by reason of a defect in the
title, or want of title, of the person presiding at, or conducting, the election, if that
person was then in actual possession of, or acting in, the office giving the right to
preside at. or conduct, the election.

27. Penalties concerning conduct of elections

person appointed to perform the duties of returning officer at, or to take part in
the conduct of, an election who neglects or refuses to conduct the election, or to
declare the result of, or to take part in the conduct of the election, as required by
this Ordinance, commits an offence and is liable to a fine of $5,000:

Provided that a person shall not be liable to conviction under this section,
unless the information has been laid within 3 months from the date of the
commission of the offence.



28. Power to make regulations

The Governor in Council may by regulation provide for the general conduct of
and procedure at elections including

(a)the nomination of candidates therefor including the filing of consent
to such nomination and the withdrawal of any such nomination;

(b)the lodgement of deposits by or on behalf of candidates and the
forfeiture thereof,

(c) the appointment of persons to assist the returning officer in the conduct
of the election;

(d)the appointment by the candidate of certain persons to assist him in
conneclion with the election;

(e) the conduct of polling stations and the regulation of the ballot;

(f) the counting of votes;

(g) the countermanding of elections;





(h) the declaration of the results of elections;

(i)the disposal of ballot papers and other such papers after an election;

(j)generally, the carrying into effect of the provisions and purposes of
this Part.

PART VI

ELECTION PETITIONS

29. Interpretation

In this Part and in any rules made under section 34(3)- means the High Court;
and (Amended 65 of 1984 s. 26) 'Registrar' means the Registrar of the Supreme
Court.

30. Power to question election by petition

(1) An election may be questioned by an election petition on the following
grounds or any of them

(a)that the election was wholly avoided by general bribery, treating,
undue influence, or personation;

(b)that the election was avoided by corrupt practices or by illegal
practices committed at the election;

(c)that the person whose election is questioned was at time of the
election disqualified;

(d) that the person whose election is questioned was not duly elected;

(e)that illegal practices committed in reference to the election of a
candidate thereat, so extensively prevailed that they may be
reasonably supposed to have affected the result of the election; or
on any other ground provided by any enactment whereon an
election may be questioned.

(2) No election may be questioned on any one or more of these grounds except
by an election petition.

(3) In subsection (1), the expressions 'bribery', 'treating', 'undue influence',
'personation', 'corrupt practices' and 'illegal practices' shall be construed by
reference to the Corrupt and Illegal Practices Ordinance (Cap. 288).

31. Who may present petition

An election petition may be presented either by 10 or more electors entitled to
vote at the election, or by a person alleging himself to have been a candidate at the
election.





32. Who may he respondent

(1) Any person whose election is questioned by an election petition and any
returning officer of whose conduct a petition complains, may be made a respondent
to the petition.

(2) 2 or more candidates may be made respondents to the same petition and
their cases may be tried at the same time, but for the purposes of this Part (including
the provision of security for costs) the petition shall be deemed to be a separate
petition against each respondent.

33. Signature and presentation of petition

(1) An election petition shall be signed by the petitioner or by each petitioner if
there is more than one and shall be presented to the Court by leaving the petition,
together with 2 copies thereof, with the Registrar who shall give a receipt therefor, if
required so to do.

(2) The Registrar shall forthwith send 2 certified true copies of the election
petition to the Designated Officer who shall, forthwith upon receipt thereof, cause
one of such copies to be displayed in a conspicuous place on or near the outer door
of his office, or in some conspicuous place on or near the outer door of the Council
Chamber in the case of an election to the Urban Council, of the Regional Council
Chamber in the case of an election to the Regional Council, or of any regular place of
meetings of a District Board in the case of an election to that District Board.
(Amended4] of 1985 s. 23)

34. Jurisdiction of Supreme Court in respect of petition

(1) The Court shall have the same jurisdiction, powers and authority in respect
of an election petition and all proceedings thereon as it would have if such petition
was an ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be held in open court and before one
judge unless the Chief Justice shall otherwise direct.

(3) The Chief Justice may make rules providing for the effectual carrying out of
the provisions of this Part and for the regulation of matters relating to the
preparation, presentation, service, trial, withdrawal and costs of election petitions
(including the provision of security for costs thereon) and the practice and
procedure connected therewith, as well as the certifying and reporting thereon.

35. Time within which petition shall he presented

Subject to the provisions of this section, an election petition shall be
presented





(a)in the case of an election which is not contested, within 2 months
after the publication by the returning officer of the list of persons
elected; and
(b)in the case of a contested election, within 2 months after the
declaration by the returning officer of the result of the election.

36. Security for costs

(1) At the time of presenting an election petition, or within 5 days
thereafter or such other period as the Court may direct, the petitioner shall give
security for all costs, charges and expenses which may become payable by him
to any witness summoned on his behalf or to any respondent.
(2) The security shall be of such amount, not exceeding $20,000, and shall
be given in such manner and form as the Court may direct.
(3) In default of compliance with the provisions of this section no further
proceedings shall be taken on the petition.

37. Determination of Court

(1) At the conclusion of the trial of an election petition the Court shall
determine-
(a)in the case of an election which is not contested and in connection
with which the decision of the returning officer as to the validity
of any nomination is brought to review, whether such decision
was correct or whether the election was void; and
(b)in the case of a contested election, whether the person whose
election is complained of, or any and what other person, was duly
elected, or whether the election was void,
and shall forthwith certify in writing under the hand of a judge and the seal of
the Court the determination of the Court and the determination so certified
shall be final as to the matters at issue on the petition.
(2) A copy of the certificate of the Court shall be transmitted to the Chief
Secretary and also to the Designated Officer.
(3) The Court may of its own motion or at the request of the Governor
make a special report to the Governor as to any matters arising in the course of
the trial of an election petition an account of which ought, in the judgment of
the Court, to be submitted to the Governor.

38. Withdrawal of petition

(1) A petitioner shall not withdraw or abandon or cease to endeavour to
prosecute successfully an election petition without the leave of the Court on
application thereto and on such conditions as to public notice or otherwise as
the Court may think fit.





(2) On the hearing of the application any person who might have been a
petitioner in respect of the election, or the Attorney General, may apply to the
Court to be substituted as a petitioner, and the Court may, if it thinks fit,
substitute him accordingly.
(3) If any application to withdraw or abandon or to cease to prosecute
any election petition is, in the opinion of the Court, induced by any corrupt
bargain or consideration, the Court may by order direct that the security given
on behalf of the original petitioner shall remain as security for any costs that
may be incurred by the substituted petitioner, and that to the extent of the sum
named in the order, the original petitioner (and his sureties, if any) shall be
liable to pay the costs of the substituted petitioner.
(4) Except in the case of the Attorney General, if the Court does not so
direct, then security to the same amount as would be required in the case of a
new petition and subject to the like conditions, shall be given on behalf of the
substituted petitioner before he proceeds with his petition and within such time
as the Court may by the order of substitution limit.
(5) Subject as aforesaid, a substituted petitioner shall, as nearly as may
be, stand in the same position and be subject to the same liabilities as the
original petitioner, and the original petitioner shall furnish such substituted
petitioner with all evidence available to him and relevant to the continued
prosecution of the petition.
(6) If a petition is withdrawn or abandoned or the petitioner ceases to
prosecute the petition, the petitioner shall be liable to pay the costs of the
respondent.
(7) Where there are more petitioners than one, an application to
withdraw or abandon or cease to prosecute a petition shall not be made except
with the consent of all the petitioners.
(8) Any person who contravenes any of the provisions of subsection (1)
or who fails to furnish a substituted petitioner with evidence as required by the
provisions of subsection (5) commits an offence and is liable to a fine of $5,000
and to imprisonment for 6 months.

39. Abatement of petition

(1) An election petition shall be abated by the death of a sole petitioner or
the survivor of several petitioners.
(2) The abatement of a petition shall not affect the liability
of the estate of the petitioner or the liability of any other person to the payment
of costs previously incurred.
(3) On the abatement of a petition the Registrar shall cause a notification
thereof to be published in the Gazette, and within 14 days after the publication
of such notification, any person who might have been a petitioner in respect of





the election may apply to the Court to be substituted as a petitioner, and the Court
may, if it thinks fit, substitute him accordingly.

(4) Security shall be given on behalf of a petitioner so substituted, as in the
case of a new petition.

40. Withdrawal and substitution of respondent

(1) If before the trial of an election petition a respondent other than a returning
officer--

(a)dies, resigns, or otherwise ceases to hold office to which the petition
relates; or

(b)gives to the Registrar notice that he does not intend to oppose the
petition,

the Registrar shall cause a notification thereof to be published in the Gazette, and
within 14 days after the publication of such notification, any person who might have
been a petitioner in respect of the election may apply to the Court to be admitted as
a respondent to oppose the petition, and shall be admitted accordingly.

(2) A respondent who has given notice as aforesaid that he does not intend to
oppose the petition shall not be allowed to appear or act as a party against the
petition in any proceedings thereon.

41. Validation of acts done pending a petition

Where a candidate who has been elected is, by a certificate of the Court,
declared not to have been validly elected, acts done by him in the execution of his
office before the time when the certificate is received by the Designated Officer shall
not be invalidated by reason of that declaration.

42. Elections in place of persons unseated on petition

Where on an election petition the election of any person is determined to be
void and no other person has been declared elected in his place, a by-election shall
be held to fill the vacancy.

PART VII

MISCELLANEOUS

43. Time limit for laying complaint or information

Except as otherwise provided in this Ordinance any complaint or information in
respect of the commission of an offence against this Ordinance shall be laid within 3
years from the date of such commission.





44. Secrecy of vote

No person who has voted at an election shall, in any legal proceeding to
question the election, be required to state for whom he voted.

(Part VII replaced 65 of 1984s. 27)

https://oelawhk.lib.hku.hk/items/show/3360

DISTRICT BOARDS IN THE REGIONAL COUNCIL AREA (NUMBERS OF APPOINTED AND ELECTED MEMBERS) ORDER

DISTRICT BOARDS IN THE REGIONAL COUNCIL AREA
(NUMBERS OF APPOINTED AND ELECTED MEMBERS)
ORDER

(Cap. 366, section 7(1)


[24 December 1987]

L.N. 418/87 -R.Ed. 1987

Citation

1. This order may be cited as the District Boards in the Regional Council Area
(Numbers of Appointed and Elected Members) Order.

Numbers of appointed and elected members of District
Boards in the Regional Council area

2. For the purposes of paragraphs (c) and (d) of section 6(1) of the Ordinance,
in respect of each District Board to which the District Boards in the Regional
Council Area (Date of Establishment) Notice (Cap. 366, sub. leg.) applies and which
is named in the second column of the Schedule the number of appointed members
and elected members, respectively, shall be the number specified opposite to that
Board in the third and fourth columns thereof.

SCHEDULE [para. 2]

BOARDS IN TiiE REGIONAL COUNCIL AREA
NUMBERS OF APPOINTED AND ELECTED MEMBERS

Number of Number of
appointed elected
Item Name of Board members members
[section [section
6(1)(c)] 6(1)(d)]

1 . Islands District Board 4 7
2. Kwai Tsing District Board 9 16
3. North District Board 7 11
4. Sai Kung District Board 5 5
5. Sha Tin District Board 9 18
6. Tai Po District Board 8 10
7. Tsuen Wan District Board 6 12
8. Tuen Mun District Board 9 18
9. Yuen Long District Board 7 12

https://oelawhk.lib.hku.hk/items/show/3359

DISTRICT BOARDS IN THE URBAN COUNCIL AREA (NUMBERS OF APPOINTED AND ELECTED MEMBERS) ORDER

DISTRICT BOARDS IN THE URBAN COUNCIL AREA
(NUMBERS OF APPOINTED AND ELECTED MEMBERS)
ORDER

(Cap. 366, section 7(1)

[24 December 1987]

L.N. 417/87 -R. Ed. 1987, L.N. 86188

Citation

1. This order may be cited as the District Boards in the Urban Council Area
(Numbers of Appointed and Elected Members) Order.

Numbers of appointed and elected members of
District Boards in the Urban Council area

2. For the purposes of paragraphs (c) and (d) of section 6(1) of the Ordinance,
in respect of each District Board to which the District Boards in the Urban Council
Area (Date of Establishment) Notice (Cap. 366, sub. leg.) applies and which is
named in the second column of the Schedule the number of appointed members and
elected members, respectively, shall be the number specified opposite to that Board
in the third and fourth columns thereof.

SCHEDULE [para. 2]

BOARDS IN THE URBAN COUNCIL AREA
NUMBERS OF APPOINTED AND ELECTED MEMBERS

Number of Number of
appointed elected
Item Name of Board members members
[section [section
6(1)(c)] 6(1)(d) ]

1 . Central and Western District Board 6 13

2. Eastern District Board 11 22
3. Kowloon City District Board 8 16
4. Kwun Tong District Board 1224
5. Mong Kok District Board 5 10
6. Sham Shui Po District Board 9 18
7. Southern District Board 7 13
8. Wan Chai District Board 5 10
9. Wong Tai Sin District Board 10 21

10. Yau Tsim District Board (L.N. 86/88) 4 8

https://oelawhk.lib.hku.hk/items/show/3358

DISTRICT BOARDS IN THE REGIONAL COUNCIL AREA (DATE OF ESTABLISHMENT) NOTICE

DISTRICT BOARDS IN THE REGIONAL COUNCIL AREA (DATE
(DATE OF ESTABLISHMENT) NOTICE

(Cap. 366, section 5(1))

[7 August 1987]

L.N. 251/87 -R. Ed. 1987

Citation

1. This notice may be cited as the District Boards in the Regional Council Area
(Date of Establishment) Notice.

Date of establishment of District Boards in
Regional Council area

2. 1 April 1988 is hereby specified in respect of each District declared in the
Declaration of Districts Order (Cap. 366, sub. leg.) and named in the Schedule as the
date on which there is established a body to be known as a District Board.

SCHEDULE [para. 2]

DISTRICT BOARDS IN THE REGIONAL COUNCIL AREA

Item Name of District
1. Islands
2. Kwai Tsing
3. North
4. Sai Kung
5. Sha Tin
6. Tai Po
7. Tsuen Wan
8. Tuen Mun
9. Yuen Long

https://oelawhk.lib.hku.hk/items/show/3357

DISTRICT BOARDS IN THE URBAN COUNCIL AREA (DATE OF ESTABLISHMENT) NOTICE

DISTRICT BOARDS IN THE URBAN COUNCIL AREA
(DATE OF ESTABLISHMENT) NOTICE

(Cap. 366, section 5(1)

[7 August 1987]

L.N. 250/87 -R. Ed. 1987, L.N. 85188

Citation

1. This notice may be cited as the District Boards in the Urban Council Area
(Date of Establishment) Notice.

Date of establishment of District Boards in Urban
Council area

2. 1 April 1988 is hereby specified in respect of each District declared in the
Declaration of Districts Order (Cap. 366, sub. leg.) and named in the Schedule as the
date on which there is established a body to be known as a District Board.

SCHEDULE

DISTRICT BOARDS IN THE URBAN COUNCIL AREA

Item Name of District
1 . Central and Western
2. Eastern
3. Kowloon City
4. Kwun Tong
5. Mong Kok
6. Sham Shui Po
7. Southern
8. Wan Chai
9. Wong Tai Sin
10. Yau Tsim(L.N. 85188)

https://oelawhk.lib.hku.hk/items/show/3356

DECLARATION OF URBAN COUNCIL AREA AND REGIONAL COUNCIL AREA ORDER

DECLARATION OF URBAN COUNCIL AREA AND
REGIONAL COUNCIL AREA ORDER

(Cap. 366, section 3A(1))

[7 August 1987]

L.N.253/87-R.Ed.1987,L.N.82/88

Citation

1. This order may be cited as the Declaration of Urban Council Area and
Regional Council Area Order.

Declaration of Urban Council area and Regional Council area

2. (1) The Urban Council area shall consist of the area of the Districts declared
in the Declaration of Districts Order (Cap. 366, sub. leg.) and set out in the second
column of Part 1 of the Schedule.

(2) The Regional Council area shall consist of the area of the Districts declared
in the Declaration of Districts Order and set out in the second column of Part II of
the Schedule.

SCHEDULE [para. 21

PART I

URBAN COUNCIL AREA

Item Name of District
1. Central and Western
2. Eastern
3. Kowloon City
4. Kwun Tong
5. Mong Kok
6. Sham Shui Po
7. Southern
8. Wan Chai
9. Wong Tai Sin
10. Yau Tsim (L.N. 82188)

PART 11

REGIONAL COUNCIL AREA

Item Name of District
1 . Islands
2. Kwai Tsing
3. North
4. Sai Kung
5. Sha Tin
6. Tai Po
7. Tsuen Wan
8. Tuen Mun
9. Yuen Long

https://oelawhk.lib.hku.hk/items/show/3355

DECLARATION OF DISTRICTS ORDER

DECLARATION OF DISTRICTS ORDER

(Cap. 366, section 3(1))

[7 August 1987]

L.N. 249/87 - R. Ed. 1987, L.N. 80/88


Citation

1. This order may be cited as the Declaration of Districts Order.

Declaration of Districts

2. Each area named in the second column of the Schedule and delineated on
the map specified opposite thereto in the third column of the Schedule is declared
to be a District for the purposes of the Ordinance.

SCHEDULE. [para. 2]

PART I

DISTRICTS IN THE URBAN COUNCIL AREA

Item Nameof
District Area Delineation of District Area
1 .Central and That area delineated and edged purple on the Map Numbered
Western DBM/H/CW/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
2. Eastern That area delineated and edged purple on the Map Numbered
DBM/H/E/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
3. Kowloon City That area delineated and edged purple on the Map Numbere~
DBM/K/KC/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
4 Kwun Tong That area delineated and edged purple on the Map Numbered
DBM/K/KT/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
5. Mong Kok That area delineated and edged purple on the Map Numbered
DBM/K/MK/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
6. Sham Shui Po That area delineated and edged purple on the Map Numbered
DBM/K/SSP/1 approved on 28 July 1987 by the Governor in
Council and deposited in the office of the Regional Secretary (Hong
Kong and Kowloon).
7. Southern That area delineated and edged purple on the Maps Numbered
D11M/H/S/ 1, DBM/H/S/2 and DBM/H/S/3 approved on 28 July 1987
by the Governor in Council and deposited in the office of the
Regional Secretary (Hong Kong and Kowloon).





Item Nameof Delineation of District Area
District Area
8. Wan Chai That area delineated and edged purple on the Map Numbered
DBM/H/WC/ 1 approved on 28 July 1987 by the Governor in Council
and deposited in the office of the Regional Secretary (Hong Kong and
Kowloon).
9. Wong Tai Sin That area delineated and edged purple on the Map Numbered
D11M/K/WTS/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office of the Regional Secretary (Hong
Kong and Kowloon).
10. Yau Tsim That area delineated and edged purple on the Map Numbered
(L.N. 80188) DBM/K/YMT/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office of the Regional Secretary (Hong
Kong and Kowloon).
PART 11

DISTRICTS IN THE REGIONAL COUNCIL
AREA

Item Nameof Delineation of District Area
District Area
1 . Islands That area delineated and edged purple on the Map Numbered
DBM/NT/1s/1 approved on 28 July 1987 by the Governor in Council
and deposited in the office ofthe Regional Secretary (New
Territories).
2. Kwai Tsing That area delineated and edged purple on the Map Numbered
DBM/NT/KT/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office ofthe Regional Secretary (New
Territories).
3. North That area delineated and edged purple on the Maps Numbered
DBM/NT/N/1 and D13M/NT/N/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office of the Regional
Secretary (New Territories).
4. Sai Kung That area delineated and edged purple on the Maps Numbered
D13M/NT/SK/1, DBM/NT/SK/2 and DBM/NT/SK/3 approved on
28 July 1987 by the Governor in Council and deposited in the office of
the Regional Secretary (New Territories).
5. Sha Tin That area delineated and edged purple on the Map Numbered
D11M/NT/ST/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office ofthe Regional Secretary (New
Territories).
Tai Po That area delineated and edged purple on the Maps Numbered
DBM/NT/TP/1 and DI1M/NT/TP/2 approved on 28 July 1987 by the
Governor in Council and deposited in the office of the Regional
Secretary (New Territories).
7. Tsuen Wan That area delineated and edged purple on the Map Numbered
DBM/NT/TW/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office ofthe Regional Secretary (New
Territories).
8. Tuen Mun That area delineated and edged purple on the Map Numbered
D13M/NT/TM/ 1 approved on 28 July 1987 by the Governor in
Council and deposited in the office of the Regional Secretary (New
Territories).
9. Yuen Long That area delineated and edged purple on the Maps Numbered
DBM/NT/YL/1 and DBM/NT/YL/2 approved on 28 July 1987 by
the Governor in Council and deposited in the office ofthe Regional
Secretary (New Territories).

https://oelawhk.lib.hku.hk/items/show/3354

DISTRICT BOARDS ORDINANCE

LAWS OF HONG KONG

DISTRICT BOARDS ORDINANCE

CHAPTER 366





CHAPTER 366

DISTRICT BOARDS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3
3. Declaration of Districts .............4
3A. Declaration of Urban Council area and Regional Council area 4
4. Directions by Governor to public officers 4

PART 11

ESTABLISHMENT, COMPOSITION AND GENERAL
PROVISIONS
AS TO MEMBERS oF BOARDS

5. Establishment ........................5
6. Composition of Board .................5
7. Declaration of numbers of appointed and elected members 6
8. Tenure of office of elected members ..6
9. Tenure of office of appointed members, and qualifications, etc . 6
9A. Disqualification of Chairman of Rural Committee 7
10. Saving ..............................8

11. Non-acceptance of office by members ............................ 8
12. Resignation of a member .............8
13. Substitution of members ................... 9
14. Publication of notice of vacancy .... 9

PART 111

CHAIRMAN

is. Board to elect Chairman .............10
16. (Repealed) ..........................10
17. Duties of Chairman ..................11

18. Chairman to have casting vote ....................... 11
19. Resignation etc. of Chairman ........11

PART IV

FUNCTIONS AND PROCEDURE OF A BOARD

20. Functions of a Board ..........................
.................................................................... 11

21. Appointment of secretary; standing orders; and committees of Boards 11





Section................................... Page
22...................Quorum .................................. .............................. 12
23.......................................Validity of acts of a Board or committee 12

PART V

MISCELLANEOUS PROVISIONS

24.......................................Directions by Governor to Board 12
25........................Protection of members .............................................. 12
26.......................................Proceedings against persons on grounds of disqualification 13





CHAPTER 366

DISTRICT BOARDS

To provide for the establishment of District Boards, their constitution, func

tions and matters incidental thereto.

[17July19811 L.N. 225/81

Originally 42 qf 1981 - L.N. 370181, 4 of 1982, 65 of 1984, 41 of 1985, R. Ed. 1985, L.N. 283186,

11 of 1988, 13 of 1988, 82 of 1988

PART 1

PRELIMINARY

Short title

1. This Ordinance may be cited as the District Boards Ordinance.

Interpretation

2. In this Ordinance, unless the context otherwise requiresappointed member'
means a person who has been appointed to act as a

member of a Board under section 6(1)(c); (Amended 65 of 1984 s. 2)

'Board' means a District Board established under section 5;

'Chairman' means a person elected to be the Chairman of a Board under Part

'Designated Officer' means

(a)in relation to any District or District Board in the Regional Council area,
the Regional Secretary (New Territories);

(b)in relation to any District or District Board in the Urban Council area, the
Regional Secretary (Hong Kong and Kowloon); (AmendedL.N. 370181;
41 of 1985 s. 2)

'District' means an area declared to be a District under section 3; elected member'
means a person who has been elected to act as a member of a

Board under the Electoral Provisions Ordinance (Cap. 367); meeting of the
Board' does not include a meeting of any committee appointed

under section 21(1)(c) and 'meeting of a Board' shall be construed

accordingly; (Added 13 of 1988 s. 2)
member' means any of the persons of whom a Board is composed under
section 6(1);
ordinary election' has the meaning assigned to it in the Electoral Provisions

Ordinance;

'Regional Council area' means the area so declared under section 3A(I)(b);

(Added4] of 1985 s. 2)





'Urban Council area' means the area so declared under section 3A(1)(a). (Added 41
of 1985 s. 2)

(Amended4] of 1985 s. 2)

Declaration of Districts

3. (1) For the purposes of this Ordinance, the Governor in Council may, by
order published in the Gazette, declare any area in Hong Kong to be a District.

(2) Where a declaration under subsection (1) is made by reference to a map
delineating the area of a District, copies of that map shall be kept and made
available for inspection free of charge during office hours at the office of the
Designated Officer.

(3) A map certified by the Designated Officer as a true copy of a map
delineating the area of a District under subsection (2) shall be conclusive evidence
of the area of that District.

(4) A map purporting to be certified by the Designated Officer as a true copy of
a map delineating the area of a District under subsection (2) shall in any
proceedings before a court be admitted in evidence without further proof and, until
the contrary is proved, shall be presumed to be certified by the Designated Officer.

(5) Where the Governor in Council makes an order amending or revoking an
order made under subsection (1) such first mentioned order may make such
transitional provisions relating to such amendment or revocation as may be
necessary or expedient. (Added, 65 of 1984, s. 3)

Declaration of Urban Council area and Regional Council
area

3A. (1) The Governor in Council may, by order published in the Gazette, by
reference to Districts declare any area in Hong Kong to be- (Amended L.N. 283186)

(a) the Urban Council area; or

(b) the Regional Council area.

(2) Where the Governor in Council makes an order amending or revoking an
order made under subsection (1) such first mentioned order may make such
transitional provisions relating to such amendment or revocation as may be
necessary or expedient.

(Added4] of 1985 s. 3)

Directions by Governor to public officers

4. (1) The Governor may give such directions as he thinks fit, either generally
or in any particular case, with respect to the exercise or performance by any public
officer of any functions, duties or powers under this Ordinance.

(2) A public officer shall, in the exercise or performance of his functions, duties
or powers under this Ordinance, comply with any direction given by the Governor
under subsection (1).





PART II

ESTABLISHMENT, COMPOSITION AND GENERAL
PROVISIONS
AS TO MEMBERS OF BOARDS

Establishment

5. (1) On such a date as the Governor may specify in respect of any District,
there shall be established for that District a body to be known as a District Board.

(2) A specification under subsection (1) shall be published in the Gazette.

Composition of Board

6. (1). A Board shall consist of the following members-

(a) (Repealed 65 of 1984 s. 4)

(b)in the case of a District Board in the Regional Council area, subject to
section 9A, the Chairman of each Rural Committee (within the meaning of
the Heung Yee Kuk Ordinance (Cap. 1097)) within that District while
holding office as such Chairman; (Amended 65 of 1984

s.4)

(c)such number, as may be declared under section 7, of persons, other than
public officers, appointed by the Governor;

(d) such number, as may be declared under section 7, of elected members;

*(e) in the case of a District Board in the Urban Council area -

(i) the elected members of the Urban Council elected in the District
for which the Board is established, while holding office as such elected
members; and

(ii) Such number of appointed members of the Urban Council, nominated by the
Council, not exceeding the maximum number of persons who could be elected in the
District for which the Board is established as members of the Urban Council,
while holding office as such appointed members. (Amended 41 of 1985 s.4)

(2) No person shall be qualified to act as a member of a Board while
holding office as a member of any other Board. (Amended 65 of 1984 s.4)

(3) No person shall be entitled to hold more than one seat on any one
Board.

*(4) If a person is a member by virture of subsection (1)(e) and is
subsequently declared elected as a member of any District Board he shall
forthwith be deemed to have resigned the membership of the District Board
held by virtue of subsection (1)(e). (Added 11 of 1988 s.5)

*(5) If an appointed member of the Urban Council who is a member by
virtue of subsection (1)(e)(ii) is elected to a District Board, the Urban Council
shall not nominate another appointed member to replace that member so long
as he remains an appointed member of the Urban Council.

* To be repealed w.e.f. 1 April 1989 - see 82 of 1988 s. 2




Declaration of numbers of appointed and elected members

7. (1) The Governor may, by order published in the Gazette, declare the
numbers of appointed members and of elected members of a Board for the purposes
of section 6(1)(c) and (d), respectively; and different numbers may be declared for
different Boards. (Amended 65 of 1984 s. 5)

(2) Where the Governor makes an order amending or revoking an order made
under subsection (1) such first mentioned order may make such transitional
provisions relating to such amendment or revocation as may be necessary or
expedient. (Added 65 of 1984s. 5)

Tenure of office of elected members

8. The elected members shall, subject to this Ordinance, hold office-

(a)in the case of a member elected at an ordinary election for District Boards,
for 3 years from 1 April next following the notification in the Gazette of his
election under the Electoral Provisions Ordinance (Cap. 367);

(b)in the case of a member elected to fill a vacancy caused by an elected
member ceasing to be a member in accordance with section 14, from the
date of the notification in the Gazette of his election under that Ordinance
until the date when the elected member whom he succeeded would
otherwise have ceased to hold office.

(Amended4] of 1985 s. 5)

Tenure of office of appointed members, and qualifications,
etc.

9. (1) Each appointed member shall, subject to this Ordinance, hold office until
31 March of the year in which an ordinary election is next held or for such lesser
period as the Governor may in any particular case determine.

(2) Any person, unless disqualified by virtue of this Ordinance or any other
enactment, shall be qualified for appointment under section 6(1)(c) as a member if he

(a)is entitled to be and is registered as an elector under the Electoral
Provisions Ordinance (Cap. 367); and

(b)has ordinarily resided in Hong Kong for the 10 years immediately'
preceding the date of his appointment.

(3) A person ceasing to be an appointed member shall, unless he is not
qualified or is disqualified, be eligible to be again appointed as a member.

(4) A person shall be disqualified from being appointed or holding office as an
appointed member if he

(a)has in Hong Kong or any other territory or country been sentenced to
death or imprisonment (by whatever name called) for a term exceeding 3
months and has not either suffered the punishment to which he was
sentenced or such other punishment as may by competent authority have
been substituted therefor or received a free pardon;

(b) has been convicted of treason;





(c)is disqualified from being appointed or holding office as an appointed
member under any enactment;

(d)is a member of any parliament, assembly or council, whether central or
local, of any place outside Hong Kong or a salaried functionary of a
government of such place; (Amended4] of 1985 s. 6)

(e)is an undischarged bankrupt or, within the previous 5 years, has either
obtained his discharge in bankruptcy or has entered into a composition
with his creditors, in either case without paying his creditors in full;

(ea) is the subject of a decision under the Mental Health Ordinance (Cap. 136)
that he is of unsound mind and incapable of managing himself and his
affairs, but a person disqualified under this paragraph shall be eligible to
be again appointed as a member if under that Ordinance it is subsequently
found that his unsoundness of mind has ceased; (Added4] of 1985 s. 6.
Amended 13 of 1988 s. 3)

(f)has, where the appointment is to be made or is made within 10 years from
the date of conviction, been convicted

(i) of any ofrence in Hong Kong or in any other territory or country and
sentenced to imprisonment, whether suspended or not, for a term
exceeding 3 months without the option of a fine;

(ii) of a corrupt practice or illegal practice within the meaning of the
Corrupt and Illegal Practices Ordinance (Cap. 288), other than the illegal
practice consisting of a contravention of any of the provisions of section
19(2) of that Ordinance, or of a corrupt or illegal practice within the
meaning of any other enactment for the time being in force providing for
the punishment of corrupt or illegal practices;

(iii) (Repealed 65 of 1984 s. 6)

(iv) of any ofrence under the Prevention of Bribery Ordinance (Cap.
201).

Disqualification of Chairman of Rural Committee

9A. (1) The holder of the office for the time being of Chairman of a Rural
Committee referred to in section 6(1)(b) who

(a)has in Hong Kong or any other territory or country been sentenced to
imprisonment, whether suspended or not, for a term exceeding 3 months
without option of fine;

(b) has been convicted of treason;

(c)is a member of any parliament, assembly or council whether central or
local, of any place outside Hong Kong or a salaried functionary of a
government of such place;

(d)is an undischarged bankrupt or, within the previous 5 years, has either
obtained his discharge in bankruptcy or has entered into a composition
with his creditors, in either case without paying his creditors in full;

(da) is the subject of a decision under the Mental Health Ordinance (Cap. 136)
that he is of unsound mind and incapable of managing himself and his
affairs; (Added4] of 1985 s. 7)





(e) has been convicted-

(i) of a corrupt practice or illegal practice within the meaning of the
Corrupt and Illegal Practices Ordinance (Cap. 288), other than the illegal
practice consisting of a contravention of any of the provisions of section
19(2) of that Ordinance, or of a corrupt or illegal practice within the
meaning of any other enactment for the time being in force providing for
the punishment of corrupt or illegal practices;

(ii) of any offence under the Prevention of Bribery Ordinance (Cap.
201);

(f)subject to subsection (3), fails throughout a period of 6 consecutive
months to attend any meeting of the Board unless the failure was due to
some reason approved by the Board prior to the commencement of that
period, (Replaced 13 of 1988 s. 4)

shall not be entitled to attend, take part in or vote at any meeting of a Board.

(Added 65 of 1984s. 7. Amended 41 of 1985 s. 7)

(2) Nothing in subsection (1)(da) shall prevent the attendance, participation or
voting at a meeting of a Board of a Chairman of a Rural Committee to whom
subsection (1)(da) applied if under the Mental Health Ordinance (Cap. 136) it is
subsequently found that his unsoundness of mind has ceased. (Added 41 of 1985 s.
7)

(3) When the holder of the office for the time being of Chairman of a Rural
Committee referred to in section 6(1)(b) fails throughout a period of 6 consecutive
months to attend any meeting of the Board by reason of the prolonged illness of
that person the Board may subsequently excuse the failure if that person seeks the
approval of the Board within one month of his having recovered or substantially
recovered from that illness. (Added 13 of 1988 s. 4)

(4) The period referred to in subsections (1)(f) and (3) shall commence on the
day next following the date of the meeting of a Board at which the member who is a
member by virtue of section 6(1)(b) is first absent. (Added 13 of 1988

s.4)

Saving

10. The acts and proceedings of any member acting as such shall,
notwithstanding his want of qualification or disqualification, be as valid and
effectual as if he had been qualified.

Non-acceptance of office by members

11. (1) A person may decline to accept office as an appointed or elected
member by giving notice in writing to the Designated Officer at any time before his
term of office commences.

(2) If a person gives the Designated Officer notice of non-acceptance of office
as a member, the Designated Officer shall publish the notice in the Gazette and the
person shall be disqualified from holding office from the date of publication in the
Gazette but may be reappointed or elected at a subsequent election.

Resignation of a member

12. (1) An elected member or a member appointed under section 6(1)(c) may at
any time resign his office by giving notice in writing under his hand to the Chairman
or Designated Officer.





(2) A notice of resignation given under subsection (1) shall take effect-

(a)upon the date specified in the notice, which date shall not be earlier than
the date of the receipt of the notice by the Chairman or Designated Officer;
or

(b)if no such date is specified in the notice, then upon receipt of the notice by
the Chairman or Designated Officer.

(Amended4] of 1985 s. 9)

Substitution of members

13. If an appointed member is of the opinion that he will be prevented for more
than 3 months, by absence from Hong Kong or any other cause, from acting he may
give notice in writing to this effect to the Designated Officer and the Governor may
thereupon appoint some other person to replace such appointed member until he
returns to Hong Kong or is able to resume his functions and has notified the
Governor in writing accordingly.

(Amended4] of 1985 s. 10)

Publication of notice of vacancy

14. (1) When a member-

(a) who is an elected member-

(i) becomes disqualified by reason of section 19 of- the Electoral
Provisions Ordinance (Cap. 367); or

(ii) whose election is determined by the High Court, on an election
petition under that Ordinance, to be void; (Amended 65 of 1984s. 8)

(b)who is an appointed member, becomes disqualified by reason of section
9(4);

(e)other than a member who is a member by virtue of section 6(1)(b), ceases
to be registered or entitled to be registered as an elector under the
Electoral Provisions Ordinance; (Amended 65 of 1984 s. 8)

(d)who is an elected member or a member appointed under section 6(1) (c),
resigns in accordance with section 12;

(da) is disqualified from holding office under section 11(2); (Replaced 82 of 1988
s. 4)

(e) ceases to hold office by reason of a declaration under section 26;

(ea) subject to subsection (2), other than a member who is a member by virtue
of section 6(1)(b), fails throughout a period of 6 consecutive months to
attend any meeting of the Board unless the failure was due to some
reason approved by the Board prior to the commencement of that period;
(Replaced 13 of 1988 s. 5)

(eb) who is an elected member, is convicted on a date after his election of an
offence referred to in section 19(1)(g)(ii) or (iv) of the Electoral Provisions
Ordinance; (Added 65 of 1984 s. 8)

(ec) who is an appointed member, is convicted on a date after his appointment
of an offence referred to in section 9(4)(f)(ii) or (iv); (Added 65 of 1984 s. 8)

dies; or





(g) becomes disqualified or ceases to hold office for any other reason,

his office as such member shall become vacant and the Chairman or, if no Chairman
has been elected under section 15, the Designated Officer shall forthwith, by
notification published in the Gazette, declare the office of such member to be
vacant. (Amended4] of 1985 s. 11)

(2) When a member fails throughout a period of 6 consecutive months to
attend any meeting of the Board by reason of the prolonged illness of that member
the Board may subsequently excuse the failure if that member seeks the approval of
the Board within one month of his having recovered or substantially recovered from
that illness. (Added 13 of 1988 s. 5)

(3) The period referred to in subsections (1)(ea) and (2) shall commence on the
day next following the date of the meeting of a Board at which the member is first
absent. (Added 13 of 1988 s. 5)

PART 111

CHAIRMAN

Board to elect Chairman

15. (1) A Chairman shall be elected from amongst the members at the first
meeting of the Board held following 31 March in any year in which members are
elected by ordinary election. (Amended 65 of 1984 s. 9)

(2) The election of a member as Chairman shall not create a vacancy on a Board
and such member shall hold office as Chairman only as long as he is a member of
the Board.

(3) No person shall assume office as Chairman until he has notified in writing
to the Designated Officer his acceptance of such office and delivered such
notification to the Designated Officer within 10 days of his election under
subsection (1).

(4) If the notice is not delivered to the Designated Officer in accordance with
subsection (3) the office of Chairman shall become vacant and the provisions of
section 19(2) and subsection (3) shall apply.

(5) The Chairman shall hold office until 31 March of the year in which an
ordinary election for District Boards is next held but shall be eligible for re-election
for a second or subsequent term of office. (Amended4] of 1985 s. 12)

(5A) At the meeting referred to in subsection (1) or at any other meeting of the
Board at which a new Chairman is to be elected a District Officer shall preside and
shall continue to preside until the Chairman assumes office but shall have neither a
casting nor a deliberative vote. (Added4] of 1985 s. 12. Amended 13 of 1988 s. 6)

(6) (Repealed 13 of 1988 s. 6)

16. (Repealed 65 of 1984 s. 10)





Duties of Chairman

17. (1) The Chairman shall preside at meetings of the Board and shall
perform such other duties as are prescribed in this Ordinance.

(2) If the Chairman is absent from a meeting of the Board the members
present shall appoint from among themselves a temporary Chairman to preside
at that meeting.

Chairman to have casting vote
18. At any meeting of a Board the Chairman or other person presiding
shall have an original vote and also, if the votes are equal, a casting vote.

Resignation etc. of Chairman

19. (1) The Chairman may resign his office by giving notice in writing
under his hand to the Designated Officer and the provisions of section 12(2)
shall thereupon apply. (Amended4] of 1985 s. 13)

(2) Where the Chairman resigns, dies or the office of Chairman is
otherwise vacated, a new Chairman shall be elected from amongst the members
at the first meeting of the Board thereafter and, subject to this Ordinance, he
shall hold office until 31 March of the year in which an ordinary election is next
held.

PART IV

FUNCTIONS AND PROCEDURE OF A BOARD

Functions of a Board

20. The functions of a Board are-

(a) to advise the Government-
(i) on matters affecting the well-being of the people in the District;
(ii) on the provision and use of public facilities and services within
the District;
(iii) on the adequacy and priorities of Government programmes
for the District; and
(iv) on the use of public funds allocated to the District for local
public works and community activities; and
(b) where funds are made available for the purpose, to undertake-
(i) environmental improvements within the District; and
(ii) the promotion of recreational and cultural activities within the
District.

Appointment of secretary; standing orders; and committees
of Boards

21. (1) For the purposes of carrying out its functions, a Board may,
subject to this Ordinance- (Amended 65 of 1984s.]])
(a)appoint any public officer to act as the secretary of the Board and
determine his duties;





(b)make such standing orders as are necessary and reasonable for regulating
its procedure and that of any committee appointed under paragraph (c)
and, without prejudice to the generality of the foregoing, such standing
orders may provide for- (Amended 65 of 1984 s. 11)

(i) the times and places of meetings of the Board or of any committee
appointed under paragraph (c);

(ii) the summoning of such meetings;
(iii) the notices of such meetings;

(iv) the keeping of minutes of proceedings of such meetings; (v)
the voting on matters put before any such meeting;

(vi) the determination of any matters by circulation of papers; (vii)
the preservation of order at meetings;

(c)appoint committees and delegate to them any functions of the Board; and
any such committee may include persons who are not members.

(2) A person appointed to a committee under subsection (1)(c) who is not a
member shall be a member of the committee for the purposes of voting and
determining a quorum.

Quorum

22. (1) The quorum at any meeting of a Board shall be one third of the total
number of members composing the Board.

(2) The quorum at any meeting of any committee appointed under section
21(1)(e) shall be laid down in the standing orders of that Board.

Validity of acts of a Board or committee

23. The proceedings of a Board or of a committee appointed under section
21(1)(c) shall not be invalidated by any vacancy in its membership, or by any effect
in the election or qualification of any member thereof.

PART V

MISCELLANEOUS PROVISIONS

Directions by Governor to Board

24. The Governor may, after consultation with a Board, give the Board
directions of a general character as to the discharge by the Board of its functions in
relation to matters appearing to the Governor to affect the public interest, and a
Board shall give effect to such directions.

Protection of members

25. No matter or thing done, by any member of a Board, or of a committee
appointed under section 21(1)(c), bona fide for the purpose of carrying into effect
the provisions of this Ordinance or of any other enactment conferring functions on
a Board, shall subject such member personally to any action, liability, claim or
demand whatsoever.





Proceedings against persons on grounds of disquafification

26. (1) Proceedings may be instituted in the High Court against any person
acting as a member, on the ground of his being disqualified within the meaning of
this section for so acting, and on the like ground against any person claiming to be
entitled to so act: (Amended 65 of 1984 s. 12)

Provided that proceedings under this section on the ground of a person acting
as aforesaid shall not be instituted after the expiration of 6 months from the date on
which he so acted.

(2) Where in proceedings instituted under this section it is proved that the
defendant has acted as a member while disqualified for so acting, then the Court
may

(a)make a declaration to that effect and declare that the office in which the
defendant has acted is vacant;

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

(c)order that the defendant shall forfeit to the Crown such sum as the Court
thinks fit, not exceeding $1,000 for each occasion on which he so acted
while disqualified.

(3) When in proceedings instituted under this section it is proved that the
defendant claims to act as a member and is disqualified for so acting, the Court may
make a declaration to that effect and that the office in which the defendant claims to
be entitled to act is vacant, and may grant an injunction restraining him from so
acting.

(4) No proceedings shall be instituted under this section by any person other
than an elector (within the meaning of the Electoral Provisions Ordinance (Cap.
367)) or the Attorney General.

(5) Where proceedings are instituted under this section by a person other than
the Attorney General such proceedings shall thereafter be stayed until such person
shall give security for all costs, charges and expenses which may become payable
by him to any witness summoned on his behalf or to a defendant.

(6) The security shall be of such amount, not exceeding $20,000, and shall be
given in such manner and form as the Court may direct.

(7) Except as provided by this section, no proceedings shall be instituted
against a person on the ground that he has, while disqualified for acting as a
member, so acted or claimed to be entitled so to act.

(8) For the purposes of this section, a person shall be deemed to be
disqualified for acting as a member--

(a) if he is not qualified to be, or is disqualified for being, a member; or

(b)if by reason of failure to notify and deliver the notification of acceptance
of office within the period required or resignation, or for any other reason,
he has ceased to be a member.

https://oelawhk.lib.hku.hk/items/show/3353

PUBLIC HOLIDAY (PRINCE OF WALES' WEDDING) ORDINANCE

LAWS OF HONG KONG

PUBLIC HOLIDAY (PRINCE OF WALES'

WEDDING) ORDINANCE

CHAPTER 365

(Omitted as spent)

https://oelawhk.lib.hku.hk/items/show/3352

THE HONG KONG ASSOCIATION OF BANKS (DISCIPLINARY COMMITTEE PROCEEDINGS0 BY-LAWS

THE HONG KONG ASSOCIATION OF BANKS
(DISCIPLINARY COMMITTEE PROCEEDINGS) BY-LAWS

(cap. 364, section 6)

[29 June 1984.]

1. These by-laws may be cited as The Hong Kong Association
of Banks (Disciplinary Committee Proceedings) By-laws.

2. In these by-laws, unless the context otherwise requires

'affidavit' includes affirmation;

'ClerV means a member selected for the purpose by the Disciplinary
Committee or a solicitor or counsel on its behalf engaged by the
Disciplinary Committee to present the case against the member in
respect of which the complaint is made;

'Respondent' means any member against which a complaint had
been made in accordance with section 17 of the Ordinance.

3. Where a complaint has been referred to the Disciplinary
Committee under section 17 of the Ordinance and the Disciplinary
Committee is of the opinion that the particulars of the complaint do not
disclose a prima facie case for disciplinary action, the Disciplinary
Committee may recommend to the Committee that the complaint be
dismissed without requiring the Respondent to answer the allegations
and without hearing the complaint.

4. (1) Where in the opinion of the Disciplinary Committee the
complaint discloses a primafacie case against the Respondent, the
Disciplinary Committee shall, in accordance with the requirements of
section 17 of the Ordinance, fix the date, time and place for the hearing
of the complaint and the Clerk shall serve notice thereof on each party
to the disciplinary proceedings together with information as to the
nature of the complaint, and shall also give to the Respondent copies
of all documents available to the Disciplinary Committee related to the
complaint. The Respondent shall also be supplied with a set of these
by-laws and its attention will be drawn to Part V of the Ordinance.

(2) There shall be a period of not less than 14 days between the
service of any such notice and the date fixed for the hearing as the
Disciplinary Committee may direct.

(3) The notice of the hearing shall inform the Respondent that if it
falls to appear at the date, time and place specified the Disciplinary
Committee may procecd in its absence and shall further require the
Respondent to furnish to the Clerk at an address to be specified at least
7 days before the hearing copies of all documents upon which the
Respondent intends to rely at the hearing. .





5. The Disciplinary Committee may either as to the whole
case or as to any particular fact or facts proceed and act upon
evidence given by affidavit; provided however that any party to the
disciplinary proceedings may require the attendance upon summons
of any deponent to any such affidavit for the purpose of giving oral
evidence and of being cross-examined unless the Disciplinary Com-
mittee is satisfied that the deponent is absent from Hong Kong or is
for any other good and sufficient reason unable to give evidence in
person at the hearing.

6. The Disciplinary Committee may of its own motion or
upon the application of any party adjourn the hearing upon such
terms as the Disciplinary Committee shall think fit.

7. Shorthand notes of disciplinary proceedings may be taken
by a person appointed by the Disciplinary Committee and any party
to the proceedings shall be entitled to a copy of the transcript.

8. The Disciplinary Committee shall have general power to
extend or abridge the time for doing anything under these by-laws.

9. Unless the Disciplinary Committee otherwise orders, all
affidavits, books, papers, records and exhibits produced or used in
connexion with any disciplinary proceedings under the Ordinance or
these by-laws shall be retained by the Clerk until further order of the
Disciplinary Committee.

10. At any hearing under these by-laws the Disciplinary Com-
mittee may receive such evidence as the Disciplinary Committee
considers relevant to the hearing, whether it would be admissible in a
court of law or not.

11. Any party to disciplinary proceedings may by notice in
writing call upon any other party to admit any document as genuine
and if such other party desires to challenge the authenticity of the
document he shall within 6 days after service of such notice give
notice that he does not admit the document and requires it to be
proved at the hearing. If such other party fails to give notice of
non-admission within the said period it shall be deemed to have
admitted the document unless otherwise ordered by the Disciplinary
Committee.

12. The Disciplinary Committee may require a Respondent at
the commencement of disciplinary proceedings or on any later stage
thereof to specify which facts stated in the complaint are admitted
and which facts are not admitted.

13. Without prejudice to these by-laws, the procedure at and
conduct of disciplinary proceedings may be determined by the
chairman of the Disciplinary Committee.
L.N. 169/84. Citation. Interpretation. Recommendation for dismissal of complaint without a hearing. Notice of hearing, etc. Evidence by affidavit. Adjournments. Shorthand notes. Extension or abridgement of time. Retention of records, etc. Evidence at hearings. Admission of documents. Admission of facts. General power.

L.N. 169/84. Citation. Interpretation. Recommendation for dismissal of complaint without a hearing. Notice of hearing, etc. Evidence by affidavit. Adjournments. Shorthand notes. Extension or abridgement of time. Retention of records, etc. Evidence at hearings. Admission of documents. Admission of facts. General power.

https://oelawhk.lib.hku.hk/items/show/3351

THE HONG KONG ASSOCIATION OF BANKS BY-LAWS

THE HONG KONG ASSOCIATION OF BANKS BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law ....................................Page

1. Citation.................................... ... ... ... ... ... ... ... ... A 3

PART I
THE COMMITTEE

2. Nomination of elected members of the Committee ... ... ... ... ... ... ...

3...................Term of office of elected members ... ... ... ... ... ... ... ... ... ... A 3

4...............Procedure for election ..... ... ... ... ... ... ... ... ... ... .... ... A 4

5..........................Filling of casual vacancies on the Committee ... ... ... ... ... ... ... A 4

6.............Vacation of office ............. ... ... ... ... ... ... ... ... ... ... A 5

7...................Quorum for Committee meetings ... ... ... ... ... ... ... ... ... ... A 5
8...................Notice of Committee meetings ... ... ... ... ... ... ... ... A 5

9...........Resolutions ...................... ... ... ... ... ... ... ... ... ... A 5

10...................Chairman of Committee meetings ... ... ... ... ... ... ... ... ... ... A 6
11...................Voting at meetings of the Committee ... ... ... ... ... ... ... ... ... A 6

12..........................Adjournments of meetings of the Committee ... ... ... ... ... ... ... A 6

13............Minutes of meetings .......... ... ... ... ... ... ... ... ... ... ... ... A 6

14.................Custody of the Common Seal ... ... ... ... ... ... ... ... ... ... ... A 6

PART 11
THE CONSULTATIVE COUNCIL
15. Term of office of elected members of Consultative Council ... ... ... ... ... A 6

16. Record of members eligible to be elected members of Consultative Council. A 7

17. Nomination of elected members of the Consultative Council ... ... ... ... A 7

18..........................Procedure for election to Consultative Council ... ... ... ... ... ... ... A 8

19. Filling of casual vacancies on the Consultative Council ... ... ... ... ... A 8

20.............Vacation of office .......... ... ... ... ... ... ... ... ... ... ... ... A 9

PART III
MEETINGS OFTHE
ASSOCIATION

21.............Annual general meetings .... ... ... ... ... ... ... ... ... ... ... A
9

22...................Extraordinary general meetings ... ... ... ... ... ... ... ... ... ... A 10

23.................Quorum for general meetings ... ... ... ... ... ... ... ... ... ... ... A 10
24. Accidental omission to give notice etc . A 11

25. Chairman of general meetings ... ... ... ... ... ... ... ... ... ... ... ... A 11
26. Procedure at general meetings... ... ... ... ... ... ... ... ... ... ... ... A 11





By-law PART IV Page

REPRESENTATION OF MEMBERS
27. Designation ... 1 .. ... ... 1 ... ... ... ... ... ... ... ... ... ... ... A 12
28. Register of designations ... ... ... ... ... ... ... ... ... ... ... ... ... A 12
29. Closure of register before a general meeting ... ... ... ... ... ... ... ... ... A
12

PART V
SUBSCRIPTIONS AND ACCOUNTS
30. Entrance fees and subscriptions ... ... ... ... ... ... ... ... ... ... ... A 13
31. Accounts and audit ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13





THE HONG KONG ASSOCIATION OF BANKS BY-LAWS

(Cap. 364, section 6)

[13 March 1981.]

1. These by-laws may be cited as The Hong Kong Association of
Banks By-laws.

PART 1

THE COMMITTEE

2. (1) Notice of an annual general meeting at which an election of
elected members of the Committee is to take place (hereinafter in this
Part called an 'electoral general meeting') shall be sent by the Secretary
to all members not less than 30 days prior to the date of the meeting and
shall be accompanied by blank nomination forms.

(2) A member who is a candidate for election to the Committee under section
8(1)(b)(i) of the Ordinance shall be nominated by 5 other members whose place
of incorporation is Hong Kong or which are licensed unde section 42 of the
Banking Ordinance.

(3) A member who is a candidate for election to the Committee
under section 8(1)(b)(ii) of the Ordinance shall be nominated by 5 other
members whose place of incorporation is outside Hong Kong.

. (4). The nominations referred to in paragraphs (2) and (3) shall be

(a) in writing;

(b) signed on behalf of the 5 nominating members; and

(c)accompanied by a notice in writing signed on behalf of the
candidate. indicating willingness to serve on the Committee, if
elected.

(5) The nomination papers and notices referred to in paragraph (4)
shall be lodged with the Secretary not less than 18 days prior to the
electoral general meeting.

(6) A candidate may, by notice in writing addressed to the
Secretary, withdraw at any time before the election is held.

(7) The Secretary shall, not less than 14 days prior to an electoral
general meeting, send to each member a notice containing the names of
the candidates nominated for election to the Committee under section
8(1)(b)(i) and 8(1)(b)(ii) of the Ordinance respectively and a list of the
members eligible to vote in each category.

3. (1) The first annual general meeting of the Association shall be
an electoral general meeting and thereafter every third subsequent
annual general meeting shall be an electoral general meeting.





(2) All elected members shall retire at the conclusion of the next
electoral general meeting after the meeting at which they were elected
but shall be eligible for re-election.

4. (1) If the number of members nominated under by-law 2 for
election to the Committee at an electoral general meeting

(a)does not exceed the number of members to be elected from
either category, then the candidates nominated from that
category shall be deemed to have been duly elected with effect
from the conclusion of that meeting;

(b)exceeds the number of the members to be elected in either
category, the election shall be determined by ballot of the
members in the relevant category present at that meeting, and
the member or members receiving the largest number of votes
shall be elected; and in the event of equality in votes the
selection of membership of the Committee shall be determined
by the drawing of lots between the candidates whose votes
are equal;

(e)is less than the number of members to be elected in either
category, a fresh election shall be held to fill any vacancy
remaining unfilled at the conclusion of that meeting, which
fresh election shall proceed as if it were an election held under
by-law 5.

(2) If a ballot is required under paragraph (1)(b), ballot papers shall
be distributed to members present at the meeting in the respective
categories provided under section 8(1)(b)(i) or 8(1)(b)(ii) of the
Ordinance as the case may be, and such ballot papers shall list the
names of the candidates in the category in alphabetical order and
indicate the number of members to be elected in that category.

(3) Upon a ballot under paragraph (1)(b) the members in each
category present and voting at the meeting shall mark the names of the
candidates nominated for whom they vote as elected members, and no
member shall, when so voting, mark more or fewer names than there are
members to be elected; and if any member shall do so its vote shall be
disqualified.

(4) Ballots in each category shall be counted separately, and
scrutineers shall be appointed by the Chairman of the electoral general
meeting to prepare as soon as practicable the result of the ballot
showing the votes cast for each candidate; and the scrutineers shall
give the result to the Chairman of that meeting who shall announce the
names of the successful candidates without revealing the votes cast for
each candidate.

5. (1) If a casual vacancy occurs among the elected members of the
Committee, that vacancy shall be filled by election in accordance with
this by-law.

(2) Upon the vacancy occurring, the Committee shall call a general
meeting for the purpose of an election to fill that vacancy.





(3) Notice of the general meeting called under paragraph (2)
shall be sent by the Secretary to all members from the category
under section 8(1)(b) of the Ordinance in respect of which the
vacancy has occurred not less than 30 days prior to the date of the
meeting and the notice shall-
(a) notify members ofthe vacancy;
(b)specify the day, time and place for the holding of the
meeting;
(c) call for nominations in respect of that vacancy; and
(d) be accompanied by blank nomination forms.

(4) By-laws 2 and 4 shall apply to an election held under this
by-law with such modifications as are necessary to make them
applicable to the circumstances.

(5) A member elected in an election held under this by-law
shall hold office until the conclusion of the next electoral general
meeting.

6. An elected member shall be deemed to have vacated its
office as a member of the Committee if-

(a) it resigns office, by notice in writing to the Secretary;
(b)it is absent without permission of the Chairman of the
Committee from 3 consecutive meetings of the Committee
of which it has had due notice, and the Committee resolves
that its office be vacated; or

(c)it ceases to belong to the category of members to which it
belonged when elected as a member of the Committee.

7. (1) Subject to paragraph (2), 8 members of the Commit-
tee, 2 of whom shall be continuing members, shall form a quorum at
a meeting of the Committee.

(2) If the business to be transacted at a Committee meeting
includes consideration of the recommendations made by a Discipli-
nary Committee under section 21(1) of the Ordinance, 10 members,
2 of whom shall be continuing members, shall form a quorum at that
meeting.

8. (1) The Secretary shall give to each member of the Com-
mittee not less than 2 days notice of Committee meetings, but a
meeting may be called at shorter notice at the request of the
Chairman or Vice-Chairman.

(2) A notice under paragraph (1) shall specify the time and
place for the holding of the meeting and the business to be
transacted.

9. A resolution approved in writing by all members of the
Committee shall be as valid and effectual as if passed at a meeting of
the Committee.





10. (1) The Chairman, or in his absence the Vice-Chairman, shall be
chairman at a meeting of the Committee.

(2) If, 15 minutes after the time appointed for any meeting of the
Committee, neither the Chairman nor the Vice-Chairman is present, the
members of the Committee may elect one of their number to be chairman
of the meeting.

11. (1) Subject to section 21(1) of the Ordinance, a question arising
at a meeting of the Committee shall be decided by a majority vote of the
members present and voting.

(2) At a meeting of the Committee each member present shall have
one vote, and in the event of an equality of votes the Chairman of the
meeting shall have a second or casting vote.

12. (1) A meeting of the Committee may be adjourned from time to
time and place to place, but no business shall be transacted at an
adjourned meeting other than the business left unfinished at the
meeting which was adjourned.

(2) It shall not be necessary to give notice of an adjourned meeting
unless the meeting which was adjourned has so directed.

13. Minutes of meetings of the Committee and all sub-committees
thereof shall be entered in the records kept by the Secretary for that
purpose, and any such minutes, if purporting to be signed by the
Chairman of the meeting at which the proceedings were held, or by the
Chairman of the next succeeding meeting, shall be evidence of the
proceedings.

14. (1) The Committee shall provide for the safe custody of the
Common Seal of the Association.

(2) Subject to section 3(3) of the Ordinance, the Common Seal of the
Association shall not be used or affixed to any instrument except on the
authority of a resolution of the Committee or of a sealing sub-committee
appointed by the Committee for that purpose.

PART II

THE CONSULTATIVE COUNCIL

15. All elected members of the Consultative Council shall be
elected at the Association's annual general meeting and shall retire at
the conclusion of the next annual general meeting after the meeting at
which they were elected but, subject to section 9(1)(b) and (4) of the
Ordinance, shall be eligible for re~election.





16. (1) Every member eligible to be an elected member of the
Consultative Council shall give to the Secretary a written notice
specifying--

(a) its place of incorporation, or, in the case of an unincorporated
member, its principal place of business; and

(b)its appropriate region, as set out in the Schedule to the
Ordinance.

(2) The Secretary shall maintain a record of all notices under
paragraph (1) and shall produce the record at every annual general
meeting.

(3) Where the Schedule is amended pursuant to section 9(3) of the
Ordinance or where there is a change in a member's place of
incorporation or principal place of business, any member affected by
such amendment or to which the change relates shall forthwith give the
Secretary a new notice under paragraph (1).

(4) A notice under paragraph (1) shall be given to the Secretary

(a) in the case of existing members, within 2 weeks of the
commencement of these by-laws; and

(b)in the case of new members, within 2 weeks of becoming a
member.

17. (1) Notice of an annual general meeting at which an election of
members of the Consultative Council is to take place shall be sent by
the Secretary to all members not less than 30 days prior to the date of
the meeting and shall be accompanied by blank nomination forms.

(2) A member who is a candidate for election to the Consultative
Council shall be proposed by one member from the same region as set
out in the Schedule to the Ordinance as the candidate and seconded by
another member from such region.

(3) A candidate may act as its own proposer or seconder.

(4) The nomination referred to in paragraph (2) shall be-

(a)- in writing;

(b) signed on behalf of the proposer and seconder; and

(c)accompanied by a notice in writing signed on behalf of the
candidate indicating willingness to serve on the Consultative
Council, if elected.

(5) The nomination paper and notice referred to in paragraph (4)
shall be lodged with the Secretary not less than 18 days prior to the
annual general meeting.

(6) A candidate may, by notice in writing addressed to the
Secretary, withdraw at any time before the annual general meeting.

(7) The Secretary shall, not less than 14 days prior to the annual
general meeting, send to each member a notice containing





the names of the candidates nominated for election to the Consultative
Council in respect of each region set out in the Schedule to the
Ordinance and a list of the members eligible to vote in respect of each
such region; and the notice shall indicate the number of members to be
elected in respect of each such region.

18. (1) If the number of members nominated under by-law 17 for
election to the Consultative Council in respect of any region set out in
the Schedule to the Ordinance

(a)does not exceed the number of members to be elected in
respect of that region, then the candidates nominated for that
region shall be deemed to have been duly elected with effect
from the conclusion of the general meeting;

(b)exceeds the number of members to be elected in respect of
that region, the election shall be determined by ballot of the
members from that region present at the general meeting and
the member or members receiving the largest number of votes
shall be elected; and in the event of equality of votes the
selection of the membership of the Consultative Council shall
be determined by the drawing of lots between the candidates
whose votes are equal;

(c)is less than the number of members to be elected in respect of
each such region, a fresh election shall be held to fill any
vacancy remaining unfilled at the conclusion of that meeting,
which fresh election shall proceed as if it were an election held
under by-law 19.

(2) If a ballot is required under paragraph (1)(b), ballot papers shall
be distributed to members present at the general meeting from the
region and such ballot papers shall list the candidates in alphabetical
order and indicate the number of members to be elected in respect of
that region.

(3) Upon a ballot under paragraph (1)(b) the members from such
region present and voting at the meeting shall mark the names 9f the
candidates nominated for whom they vote as elected members of the
Consultative Council and no member shall, when so voting, mark more
or fewer names than there are members to be elected; and if any member
shall do so its vote shall be disqualified.

(4) Ballots in respect of a region shall be counted separately and
scrutineers shall be appointed by the Chairman of the general meeting to
prepare as soon as practicable the result of the ballot showing the votes
cast for each candidate, and the scrutineers shall give the result to the
Chairman who shall announce the names of the successful candidates
without revealing the votes cast for each candidate.

19. (1) If a casual vacancy occurs among the elected members of
the Consultative Council, that vacancy shall be filled by election in
accordance with this by-law.





(2) Upon the vacancy occurring, the Committee shall call a general
meeting for the purpose of an election to fill that vacancy.

(3) Notice of the general meeting called under paragraph (2) shall
be sent by the Secretary to all members from the region in respect of
which the vacancy has occurred not less than 30 days prior to the date
of the meeting and the notice shall

(a) notify members of the vacancy;

(b)specify the day, time and place for the holding of the meeting;

(c) call for nominations in respect of that vacancy; and

(d) be accompanied by blank nomination forms.

(4) By-laws 17 and 18 shall apply to an election held under this by-
law with such modifications as are necessary to make them applicable to
the circumstances.

(5) A member elected in an election held under this by-law shall
hold office until the conclusion of the next annual general meeting.

20. An elected member of the Consultative Council shall be deemed
to have vacated its office if

(a) it resigns office, by notice in writing to the Secretary;

(b)it is absent without permission of the Chairman of the
Consultative Council from 3 consecutive meetings of that
Council of which it has had due notice and the Council
resolves that its office be vacated; or

(c)it ceases to be incorporated or to have its principal place of
business in the region in respect of which it was elected.

PART 111

MEETINGS OF THE
ASSOCIATION

21. (1) The first annual general meeting of the Association shall be
held as soon as practicable after the commencement of these by-laws.

(2) An annual general meeting of the Association shall be held not
less than once in every calendar year and not more than 15 months after
the previous annual general meeting and on such date as the Committee
shall determine.

(3) The following business shall be transacted at an annual general
meeting

(a)to approve a report of the Committee on the affairs of the
Association and to approve the accounts of the Association
and the report of the auditor;





(b)to elect, in accordance with these by-laws, members of the
Committee and the Consultative Council; and

(c) to discuss any other business.

(4) Notice of an annual general meeting shall be sent by the
Secretary to each member not less than 14 days prior to the date of the
meeting and shall specify the day, time and place for the holding of the
meeting and the business to be transacted and shall be accompanied by
the report of the Committee, the accounts of the Association and the
report of the auditor.

(5) A member shall, if it wishes to propose a resolution as any other
business at an annual general meeting, give to the Secretary not less
than 7 days before the annual general meeting written notice of such
resolution and shall in the notice give the name of another member
willing to second the resolution.

(6) The Secretary shall, not less than 3 days before the annual
general meeting, send to each member a copy of a resolution under
paragraph (5).

22. (1) The Committee may, whenever it thinks fit, call an
extraordinary general meeting.

(2) The Committee shall call an extraordinary general meeting upon
receipt of a request in writing signed by not less than

(a)75% of members eligible for election to the Committee under
section 8(1)(b)(i) of the Ordinance; or

(b)75% of members eligible for election to the Committee under
section 8(1)(b)(ii) of the Ordinance; or

(c) 75% of the members of the Association.

(3) Notice of an extraordinary general meeting shall be sent by the
Secretary to each member

(a)where the meeting is called under paragraph (1), not less than
14 days prior to the date of the meeting;

(b)where the meeting is called under paragraph (2), within 21
days of the receipt of the request and not less than 14 days
prior to the date of the meeting.

(4) The notice of an extraordinary general meeting shall specify the
day, time and place for the holding of the meeting and the business to
be transacted.

(5) At an extraordinary general meeting, no business other than
that specified in the notice shall be transacted.

23. (1) Subject to paragraph (2), the quorum for a general meeting
shall be 30 members.

(2) The quorum for a general meeting called under by-law 5(2) or
19(2) shall be 15 members.





(3) If within 30 minutes from the time appointed for the meeting a
quorum is not present the meeting, if convened at the request of
members under by-law 22(2), shall be dissolved, but in any other case it
shall stand adjourned to the same day in the next week at the same time
or if such day shall be a public holiday to the next succeeding business
day, and if at such adjourned meeting a quorum is not present the
business may be proceeded with by the members as may then be
present.

(4) Where a general meeting is adjourned under paragraph (3), the
Secretary shall give notice of the place of the adjourned meeting to all
members not less than 24 hours before the time for the meeting.

24. Accidental omission to give notice of a general meeting or to
supply a ballot paper to any member shall not invalidate the
proceedings or any resolution passed at such meeting.

25. The Chairman of the Committee or in his absence the Vice-
Chairman shall be entitled to take the chair at every general meeting,
and if within 10 minutes after the time appointed for the meeting neither
of them shall be present, or if they shall have previously notified the
Secretary of their intention not to be present, the members of the
Committee present at the meeting shall determine which of them shall be
chairman of the meeting.

26. (1) Save as regards the election of elected members of the
Committee, and the election of elected members of the Consultative
Council, a resolution or amendment thereto proposed and seconded at a
general meeting shall be put to the meeting by the Chairman of the
meeting and (subject to paragraph (3)) be decided by a show of hands.

(2) Each member shall have one vote on a question coming before
a general meeting and in the event of equality of votes the Chairman of
the meeting shall have a second or casting vote.

(3) A poll shall be taken on a resolution or amendment thereto
proposed and seconded at a general meeting if requested

(a)by not less than 30 members immediately after the declaration
by the Chairman of the meeting of the result of a show of
hands under paragraph (1); or

(b) by the Chairman of the meeting.

(4) Unless a poll is held under paragraph (3) a declaration by the
Chairman of the meeting that a resolution or amendment thereto has on
a show of hands been carried, or lost, shall be conclusive evidence
thereof, without proof of the numbers for or against the resolution.

(5) If a poll is held under paragraph (3) it shall be held in such
manner as the Chairman of the meeting shall direct and the Chairman of
the meeting shall appoint one or more scrutineers to





sign a report on the result of the poll, which shall be declared by the
Chairman of the meeting.

(6) No poll shall be held on a resolution for adjournment of
the meeting.

(7) The Chairman of the meeting may with the consent of the
meeting adjourn any meeting from time to time and from place to
place. No business shall be transacted at any adjourned meeting
other than the business left unfinished at the meeting which was
adjourned, and no fresh notice shall be required unless the meeting
otherwise directs.

(8) Minutes of all proceedings at a general meeting shall be
entered in records kept by the Secretary for that purpose, and any
such minutes, if purporting to be signed by the Chairman of the
meeting at which the proceedings were held, or by the Chairman of
the next succeeding meeting, shall be evidence of the proceedings.

PART IV

REPRESENTATION OF MEMBERS

27. (1) A designation in writing of a representative made by a
member pursuant to section 10 of the Ordinance shall-
(a)be addressed to the Chairman of the Association at its
head office in Hong Kong;
(b) be signed by a senior executive of the member; and
(c) bear the specimen signature of the representative.

(2) A designation made pursuant to paragraph (1) may be
cancelled, or replaced by a fresh designation, by a document
addressed to the Chairman of the Association at its head office in
Hong Kong and signed by a senior executive of the member.

(3) The Committee shall be entitled to presume that the person
signing a document under paragraph (1) or (2) above on behalf of a
member has the requisite authority from the member to do so.

28. The Committee shall cause the Secretary to maintain, and
keep up to date, a register of designations made by members.

29. (1) The register of designations shall close 48 hours before
a general meeting is held, and shall re-open at the conclusion of such
meeting.

(2) The Secretary shall bring to every general meeting of the
Association the register of designations and before the start of every
such meeting the Secretary shall use his best endeavours to ensure
that persons present to represent members are in accordance with
the register of designations.





(3) Accidental irregularity in the representation of a member at a
general meeting or at a meeting of the Committee shall not invalidate the
proceedings or any resolution passed thereat.

PART V

SUBSCRIPTIONS AND ACCOUNTS

30. (1) The Committee shall fix the entrance fee and annual
subscription payable by each member, and may also determine the
amount and date of payment of any special subscriptions that may be
required from members to meet costs, expenses or liabilities incurred or
entered into by the Association in pursuance of any object of the
Association or in connexion with any matter or thing reasonably
incidental thereto.

(2) If any member fails to pay any fee or subscription under
paragraph (1) within 1 month of a formal demand from the Committee for
the payment thereof, the Committee may. for so long as the member
continues not to pay such fee or subscription

(a)if the member is a member of the Committee or the Council,
suspend or revoke such membership;

(b)deprive the member of the right to be a candidate for an
election to the Committee or the Council;

(c)deprive the member of the right to vote in any such election or
to sign a nomination for any such election or to propose or
second any other member for election.

(3) The Committee may exercise all or any of the power conferred
on it under paragraph (2) in relation to a member.

(4) Where a member fails to pay in the circumstances described in
paragraph (2), the Committee shall so inform the Financial Secretary and
shall also inform him of the exercise or proposed exercise of any power
under paragraph (2).

31. (1) The Committee shall maintain proper accounts of all
transactions of the Association and shall prepare for every financial
year (as determined by the Committee) a statement of the accounts
of the Association, containing an income and expenditure account
and a balance sheet, both of which shall be signed by one continuing
member andone elected me- member of the Committee.

(2) The Committee shall appoint an auditor who shall be entitled to
have access to all books of account, vouchers and other financial
records of the Association and to require such information and
explanations thereon as he thinks fit, and such auditor shall audit the
statements drawn up under paragraph (1) as soon as possible and shall
make a report thereon to the Committee.

(3) A copy of the signed statement of accounts together with the
audit report thereon shall be transmitted to members with the notice
convening the annual general meeting.





(4) The Committee may appoint a Treasurer to control the
funds of the Association either on an honorary or salaried basis
upon such terms and for such period as the Committee shall think fit
and may delegate to any such Treasurer such duties as may be
considered appropriate by the Committee.
L.N. 66/81. Citation. Nomination of elected members of the Committee. (Cap. 155.) Term of office of elected members. Procedure for election. Filling of casual vacancies on the Committee. Vacation of office. Quorum for Committee meetings. Notice of committee meetings. Resolutions. Chairman of Committee meetings. Voting at meetings of the committee. Adjournments of meetings of the Committee. Minutes of meetings. Custody of the common Seal. Term of office of elected members of Consultative Council. Record of members eligible to be elected members of consultative Council. Nomination of elected members of the Consultative Council. Procedure for election to Consultative Council. Filing of casual vacancies on the Consultative Council. Vacation of office. Annual general meetings. Extraordinary general meetings. Quorum for general meetings. Accidental omission to give notice etc. Chairman of general meetings. Procedure at general meetings. Designation. Register of designations. Closure of register before a general meeting. Entrance fees and subscriptions. Accounts and audit.

L.N. 66/81. Citation. Nomination of elected members of the Committee. (Cap. 155.) Term of office of elected members. Procedure for election. Filling of casual vacancies on the Committee. Vacation of office. Quorum for Committee meetings. Notice of committee meetings. Resolutions. Chairman of Committee meetings. Voting at meetings of the committee. Adjournments of meetings of the Committee. Minutes of meetings. Custody of the common Seal. Term of office of elected members of Consultative Council. Record of members eligible to be elected members of consultative Council. Nomination of elected members of the Consultative Council. Procedure for election to Consultative Council. Filing of casual vacancies on the Consultative Council. Vacation of office. Annual general meetings. Extraordinary general meetings. Quorum for general meetings. Accidental omission to give notice etc. Chairman of general meetings. Procedure at general meetings. Designation. Register of designations. Closure of register before a general meeting. Entrance fees and subscriptions. Accounts and audit.

https://oelawhk.lib.hku.hk/items/show/3350

THE HONG KONG ASSOCIATION OF BANKS ORDINANCE

LAWS OF HONG KONG

THE HONG KONG ASSOCIATION OF BANKS

ORDINANCE

CHAPTER 364





CHAPTER 364

THE HONG KONG ASSOCIATION OF BANKS ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
PART 1
PRELIMINARY
1. Short title ...........................3
2. Interpretation ........................3
PART 11
INCORPORATION, OBJECTS AND POWERS
3. Incorporation of Association ..........4
4. Objects ofthe Association .............4
5. Powers of the Association .............5
6. Bylaws ................................6
PART 111
MEMBERSHIP OF THE ASSOCIATION, COMMITTEE
AND CONSULTATIVE COUNCIL
7. Membership of Association .............7
8. Committee .............................7
9. Consultative Council ..................8
10. Designated representatives of members .8

.PART
IV

GENERAL

11................Functions of the Committee ...................................................... 9

12...................Rules as to conduct of business of banking 9
13..............................Appointment of staff 10
14......................Function of the Consultative Council 10
15......................Meetings ofthe Consultative Council 11

PART V
DISCIPLINARY
PROCEEDINGS

16................Disciplinary Committee .1 11

17............................Disciplinary provisions 11
18.......Powers of Disciplinary Committee with regard to obtaining evidence 12
19..............................Legal representation 12

20......................Powers of Disciplinary Committee i 12

21......................Disciplinary powers ofthe Committee 13





Section Page
PART VI
TRANSITIONAL

22. Transfer of assets and liabilities ..13
23. Other transitional provisions .......14
24. Consequential amendment of other enactments 14

Schedule .........................................................................................
............................................... 14





CHAPTER 364

THE HONG KONG ASSOCIATION OF BANKS

To provide for the incorporation of The Hong Kong Association of Banks, for the
corporation to assume the functions and to take over the assets and liabilities
of The Exchange Banks' Association, Hong Kong and for matters incidental
thereto and connected therewith.

[12Januaryl9811 L.N. 9 of 1981

Originally 76 of 1980 - R. Ed. 1980, 22 of 1982, L.N. 144 of 1983, 76 of 1984, 27 of 1986, L.N.
132 of 1989, L.N. 333 of 1989 , 4-Ilfo

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as The Hong Kong Association of Banks

Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Association' means The Hong Kong Association of Banks incorporated by
section 3;

'business of banking' means any of the activities or functions of a licensed bank;

'Committee' means the Committee established by section 8;

'Consultative Council' means the Consultative Council established by section 9;

-continuing members- means the continuing members under section 8(1)(a);

'deposit' means a loan of money at interest or repayable at a premium or repayable
with any consideration in money or money's worth;

'Disciplinary Committee' means the Disciplinary Committee appointed under
section 16;

'Exchange Banks' Association' means the unincorporated body known as The
Exchange Banks' Association, Hong Kong existing immediately before the
commencement of this Ordinance;





'licensed bank' means a bank licensed under section 16 or 107 of the Banking
Ordinance(Cap. 155); (Amended 27 of 1986s.137)

'member' means a member of the Association;

'Secretary' means the secretary of the Association appointed pursuant to section
13.

PART 11

INCORPORATION, OBJECTS AND
POWERS

3. Incorporation of Association

(1) There is hereby established a body corporate to be known as The Hong
Kong Association of Banks.

(2) The Association shall have perpetual succession and shall be capable of
suing and being sued and of doing and suffering all such other acts or things as
bodies corporate may lawfully do and suffer.

(3) The Association shall have a common seal which shall not be affixed except
pursuant to a resolution of the Committee (or of a sealing subcommittee appointed
by the Committee for that purpose) and in the presence of 2 members of the
Committee and of the Secretary, or some other person appointed in his place by the
Committee, each of whom shall sign his name.

(4) Any document purporting to be a document duly executed under the seal of
the Association authenticated in accordance with subsection (3) shall be received
in evidence and shall, until the contrary is proved, be deemed to be a document so
executed.

4. Objects of the Association

The objects of the Association shall be

(a) to further the interests of licensed banks;

(b)to make rules from time to time for the conduct of the business of
banking;

(c)to consider, investigate and inquire into all matters and questions
connected with or relating to the business of banking;

(d)to promote, consider, support, oppose, make representations as to
and generally deal with any law affecting or likely to affect the
business of banking;

(e)to collect, circulate and disseminate information relating to the
business of banking or otherwise likely to be of interest to members
and others;

to represent its members at and appear before any public body,
committee or inquiry or before any court or tribunal;





(g)to act as an advisory body to its members and to co-operate and
maintain relations with other bodies and organizations in all matters
touching or concerning the business of banking;

(h)to provide a meeting place or places for its members and to adopt
such means of publicizing or making known its activities and
information and opinions on matters touching or concerning the
business of banking as may be thought fit;

(i)to provide or procure, by means of a management agreement or
otherwise, facilities for the clearing of cheques and other
instruments, and for the processing of banking transactions
presented by members;

(j)to establish, subsidize, support, co-operate with or otherwise assist
any person engaged in any artistic, cultural, benevolent, charitable,
welfare or similar activity and to contribute money for and to take
part in any such activities as the Committee may think fit;

(k)to do or cause to be done all such other acts and things as may
conduce to the progress, prosperity and advancement of the general
body of members.

5. Powers of the Association

The Association shall have power to do all such things as are necessary for, or
incidental to or conducive to, the carrying out of the objects of the Association and
may in particular, but without prejudice to the generality of the foregoing--

(a)acquire, take on lease, purchase, hold and enjoy any property, and
sell, let or otherwise dispose of the same;

(b) enter into any contract;

(c)invest funds in securities, place funds on deposit and otherwise deal
with its funds in such manner as it may think fit, and realize the same
at such times as it may consider necessary;

(d)borrow or otherwise raise money on such security as may be
necessary, and for that purpose charge all or any part of the property
of the Association;

(e)act as trustee in relation to pension and retirement schemes for its
employees and funds for scholarships and prizes;

institute, conduct, defend, compound or abandon any legal
proceedings by or against it or otherwise concerning its affairs;

(g) refer any claim or demand by or against it to arbitration;

(h)make and give receipts, releases and other discharges for money
payable to and for claims and demands of the Association;

(i)publish periodicals, booklets or other written material and produce or
sponsor the production of documentary films or





audio-visual material, and distribute the same by sale, loan, hire or
otherwise, with or without charge, as it shall think fit;

(j)accept gifts, donations or testamentary dispositions upon such
conditions as it shall determine.

6. Bylaws

(1) The Association may, under its common seal, make such bylaws not
inconsistent with this Ordinance as are necessary for, or incidental to or conducive
to, the carrying out of the objects of the Association and may in particular, but
without prejudice to the generality of the foregoing, make bylaws for

(a)meetings of the Association and the procedure at and the conduct
of such meetings;

(b)meetings of the Committee and its subcommittees and the procedure
at and conduct of such meetings;

(c)the procedure for election of members of the Committee as provided
in section 8(1)(b);

(d)the procedure for election of members of the Consultative Council as
provided in section 9(1)(b);

(e)entrance fees and subscriptions for membership of the Association;

control of funds of the Association;

(g)the keeping of proper accounts of the Association and records in
relation thereto and the preparation of annual accounts;

(h)the appointment of auditors and the audit of the accounts of the
Association;

(i)the enforcement of the provisions of section 21(4) or of any bylaws
made hereunder.

(2) (a)A bylaw under subsection (1) may be made only by an affirmative
vote of not less than two-thirds of the members present and voting
at a meeting of the Association convened for that purpose and
notified in accordance with paragraph (b).

(b)Notice of such meeting and of the resolutions to be proposed
thereat shall be delivered, or sent by registered post or recorded
delivery, to every member at its registered office or principal place of
business in Hong Kong not less than 21 days before the date fixed
for the meeting, but the non-receipt of such a notice by any member
shall not invalidate the proceedings thereat.

(3) Bylaws made under subsection (1)

(a) shall be subject to, and shall not derogate from, any other law;

(b) shall be subject to the approval of the Governor in Council.





PART 111

MEMBERSHIP OF THE ASSOCIATION, COMMITTEE AND CONSULTATIVE
COUNCIL

7. Membership of Association

(1) Every licensed bank which is so required by a condition attached to its
licence shall become a member of the Association and shall, subject to this section,
remain a member of the Association unless expelled under section 21(1)(d); and
membership of the Association shall be restricted to licensed banks.

(2) A member which ceases to be a licensed bank shall ipso facto cease to be a
member of the Association.

(3) A member shall not be expelled from membership of the Association
without the prior approval of the Governor in Council.

8. Committee

(1) There shall be a Committee of the Association which shall comprise

(a) 3 continuing members which shall be

(i) the Bank of China;

(ii) Standard Chartered Bank; (Amended 76 of 1984 s. 2)

(iii)The Hongkong and Shanghai Banking Corporation Limited;
(AmendedL.N. 333 of 1989)

(b) 9 elected members which shall be elected in accordance with the

bylaws of the Association and which shall be, and be elected,-

(i) as to 4 members, by those members whose place of
incorporation is Hong Kong or which are licensed under
section 107 of the Banking Ordinance (Cap. 155);
(Amended 27 of 1986 s. 137)

(ii)as to 5 members, by those members whose place of
incorporation is outside Hong Kong.

(2) The 3 continuing members referred to in subsection (1)(a) shall, subject to
subsection (3), hold office in perpetuity.

(3) Any member of the Committee which ceases for any reason to be a member
of the Association shall ipso facto cease to be a member of the Committee.

(4) There shall be a Chairman and Vice-Chairman of the Committee and these
offices shall be held alternately by Standard Chartered Bank and The Hongkong and
Shanghai Banking Corporation Limited. (Amended76of 1984 s. 2; L.N. 333 of 1989)

(5) The periods of office for the Chairman and the Vice-Chairman shall in each
case be 2 years:





Provided that Standard Chartered Bank shall hold office as Chairman and The
Hongkong and Shanghai Banking Corporation Limited shall hold office as Vice-
Chairman until 31 December 1980 and with effect from 1 January 1981 The
Hongkong and Shanghai Banking Corporation Limited and Standard Chartered
Bank shall hold office as Chairman and Vice-Chairman respectively. (Amended 76 of
1982 s. 2; L.N. 333 of 1989)

9. Consultative Council

(1) There shall be a Consultative Council of the Association which shall
comprise

(a) the 3 continuing members; and

(b)the number of elected members provided for in the Schedule which
members shall be elected in accordance with the bylaws of the
Association and which shall be, and be elected by, members
incorporated or, in the case of unincorporated members, having their
principal place of business, in various regions of the world as
provided in the Schedule.

(2) The Chairman and the Vice-Chairman for the time being of the Committee
pursuant to section 8(4) and (5) shall ex officio be the Chairman and the Vice-
Chairman respectively of the Consultative Council.

(3) The Governor in Council may, by order published in the Gazette, amend the
Schedule.

(4) Where the Schedule is amended pursuant to subection (3) any variation in
the number of elected members required, or the regions from which such members
are to be elected, shall take effect from the date of the next following meeting to
elect members of the Consultative Council.

10. Designated representatives of members

(1) Every member of the Association shall designate in writing in a manner
acceptable to the Committee a full time employee of that member holding a
managerial post who shall, subject to subsection (2), as representative of that
member--- (Amended 22 of 1982 s. 2)

(a) attend and vote at meetings;

(b) hold office;

(c) execute documents,

and otherwise act for and on behalf of the member for the purposes of this
Ordinance and bylaws made hereunder.

(2) (a)If the designated representative is for any reason unable to attend
any general meeting of members or any meeting of the Disciplinary
Committee or otherwise to act, the member may designate, in the
manner specified in subsection (1), an alternate





representative who shall have the powers and functions of the
designated representative.

(b)A member may be represented at any meeting of the Committee or of
the Consultative Council or of any sub-committee, other than the
Disciplinary Committee, by any person employed by the member in a
managerial capacity and nominated in a manner acceptable to the
chairman of such meeting, and such person may attend and vote on
behalf of that member at any such meeting and shall be deemed for
the purposes of such meeting to have the powers and functions of
the designated representative. (Replaced 22 of 1982 s. 2)

(3) Every designation may be withdrawn and replaced by a new designation in
writing at any time.

PART IV

GENERAL

11. Functions of the Committee

(1) The management of the Association shall be vested in the Committee and
all the powers of the Association shall be vested in and exercisable by the
Committee except so far as this Ordinance or any bylaws made hereunder otherwise
authorize.

(2) The Committee may appoint subcommittees for the better discharge of its
functions under this Ordinance and may delegate to any subcommittee any of its
powers and functions:

Provided that the Committee shall not delegate to any subcommittee the power
to impose penalties for breach of any rule made by the Committee pursuant to
section 12.

(3) The Committee may in its discretion co-opt any member of the Association
to be a member of any subcommittee other than the Disciplinary Committee.

12. Rules as to conduct of business of banking

The Committee may, after such consultation with the Financial Secretary as he
shall consider appropriate, from time to time make such rules relating to the conduct
of the business of banking as do not derogate from any law and may in particular,
but without prejudice to the generality of the foregoing, make rules

(a)as to the maximum rates of interest, return, discount or other benefit
which may be paid or granted by members, or by any specified
category of members, in respect of





(i) specified Hong Kong dollar deposits of their customers; (ii)
specified instruments;

(b)as to the conduct of foreign exchange business and the minimum
commissions and charges to be applied therefor;

(c)as to the conduct of securities and safe custody business and the
minimum commissions and charges to be applied therefor;

(d)as to the minimum charges to be applied by members for the
issuance of guarantees or other documents;

(e)as to any other charges relating to the provision of any banking
service, not being charges by way of interest or return payable on
loans or advances granted by members;

prohibiting members from transacting any specified type of business
or using any particular type of instrument.

(2) Rules made by the Committee pursuant to subsection (1)

(a) may be amended by the Committee at any time;

(b)shall be binding on each member upon being served on the member
as provided in subsection (3);

(c)shall not be subsidiary legislation, rules, regulations or bylaws
within the meaning of those words in the Interpretation and General
Clauses Ordinance (Cap. 1) including sections 20 and 34 thereof.

(3) Rules made under subsection (1) or amended under subsection (2) shall be
delivered, or sent by registered post or recorded delivery, to every member at its
registered office or principal place of business in Hong Kong and service shall be
deemed to have been effect upon delivery or 48 hours after the time of posting as
the case may be.

13. Appointment of stalf

(1) The Committee shall appoint a Secretary and may appoint other officers,
servants and agents at such remuneration and upon such terms and conditions of
appointment as it thinks fit.

(2) The Committee may grant, or make provision for the grant of pensions,
gratuities and retirement or other benefits to employees of the Association.

14. Function of the Consultative Council

The function of the Consultative Council shall be to advise the Committee on
any matter relating to the business of banking which

(a) is referred to it by the Committee;

(b) it chooses to consider;





(c) it is requested, by a notice in writing signed by not less than 50
members, to consider with a view to advising the Committee.

15. Meetings of the Consultative Council

(1) Meetings of the Consultative Council shall be held at such times and places
as the Consultative Council or the Chairman thereof may from time to time appoint.

(2) The following procedural provisions shall apply to every meeting of the
Consultative Council

(a) 15 members shall form a quorum;

(b)the Chairman, or in his absence the Vice-Chairman, shall preside or if
both are absent the members shall appoint one of their number to
preside.

(3) Subject to subsection (2), the Consultative Council shall regulate its own
procedure relating to its meeting and the conduct thereof.

(4) The Governor in Council may, by order published in the Gazette, amend the
number provided for in subsection (2)(a).

PART V

DiSCIPLINARY
PROCEEDINGS

16. Disciplinary Committee

The Committee shall-

(a) appoint from amongst its members a Disciplinary Committee of

4 members comprising the following(i) 2
continuing members;

(ii) 1 member whose place of incorporation is Hong Kong or
which is licensed under section 107 of the Banking
Ordinance (Cap. l55); (Amended 27 of 1986s.137)
(iii) 1 member whose place of incorporation is outside Hong
Kong; and

(b) designate one of the members of the Disciplinary Committee to

be chairman thereof.

17. Disciplinary provisions

(1) A complaint that a member has acted in breach of any rule relating to the
conduct of the business of banking made under section 12(1) shall be made in
writing to the Chairman of the Committee who shall submit the complaint to the
Committee which may, in its discretion, refer the complaint to the Disciplinary
Committee.





(2) The Committee may act on its own information in referring a complaint to
the Disciplinary Committee.

(3) The Disciplinary Committee shall notify the member in respect of which a
complaint is made of the nature of the complaint and of the date, time and place fixed
for a hearing of the complaint.

(4) The member in respect of which a complaint is made shall be entitled to
appear at the hearing and present its case.

18. Powers of Disciplinary Committee

with regard to obtaining evidence

(1) For the purposes of the hearing of a complaint the Disciplinary Committee
shall have the following powers

(a) to take evidence on oath;

(b)to summon any employee of any member to attend the hearing to
give evidence or produce any document or other thing in his
possession and to examine him as a witness;

(c)to award to a witness such expenses as, in the opinion of the
Disciplinary Committee, he has incurred by reason of his attendance.

(2) A summons to a witness shall be signed by the Chairman of the
Disciplinary Committee.

19. Legal representation

At the hearing of a complaint

(a)a member selected for the purpose by the Disciplinary Committee or
a solicitor or counsel on its behalf shall present the case against the
member in respect of which the complaint is made;

(b)the member in respect of which the complaint is made shall be
entitled to be represented by a solicitor or counsel.

20. Powers of Disciplinary Committee

If, after due inquiry, the Disciplinary Committee is satisfied that a complaint
under section 17 is proved, the Disciplinary Committee may recommend to the
Committee that it should impose or procure to be imposed on the member in respect
of which a complaint is made any of the penalties referred to in section 21:

Provided that no such recommendation shall be made by the Disciplinary
Committee unless the decision to make the recommendation is by an affirmative
vote of not less than three quarters of the members of the Disciplinary Committee
present and voting at the inquiry at which such recommendation is made.





21. Disciplinary powers of the Committee

(1) The Committee may, following a recommendation by the Disciplinary
Committee, in its discretion impose or procure to be imposed on a mamber any of
the following penalties for breach of any rule made pursuant to section 12(1)

(a) a reprimand;

(b)after consultation with the Financial Secretary, the suspensidn of
membership for any period not exceeding 3 months;

(c)after consultation with the Financial Secretary, the suspension of
facilities for the clearing of cheques and other instruments of a
member for any period not exceeding 3 months;

(d)with the approval of the Governor in Council, the expulsion of a
member from membership of the Association:

Provided that any decision to impose or procure the imposition of any penalty
shall be made by an affirmative vote of not less than three quarters of the members
of the Committee present and voting at the meeting at which such decision is taken.

(2) No appeal shall lie against the decision of the Committee to impose or
procure to be imposed any penalty pursuant to subsection (1).

(3) Where a penalty is imposed pursuant to subsection (1), the Committee

(a)may cause notice of the imposition of such penalty to be published
in the Gazette;

(b)shall give written notice to the Financial Secretary of such action and
the reasons therefor.

(4) Where the Committee, after consultation with the Financial Secretary,
suspends or procures the suspension of clearing facilities pursuant to subsection
(1)(c) then whilst such suspension is in force no member shall act as sub-clearer for
the member whose clearing facilities have been so suspended.

PART VI

TRANSITIONAL

22. Transfer of assets and liabilities

(1) All property of whatever kind and whether movable or immovable vested in or
belonging to the Exchange Banks' Association immediately before the
commencement of this Ordinance is as from such commencement transferred to and
vested in the same interest in the Association without any further assurance and
the Association shall have all powers necessary to take possession of, recover and
obtain the benefit of such property.





(2) All rights, obligations and liabilities of the Exchange Banks' Association
immediately before the commencement of this Ordinance are as from such
commencement the rights, obligations and liabilities of the Association and the
Association shall have all necessary powers to exercise or discharge the same.

23. Other transitional provisions

(1) Every licensed bank which immediately before the commencement of this
Ordinance holds office as a member of the general committee of the Exchange Banks'
Association shall, as from the commencement of this Ordinance, be a member of the
Committee of the Association for the purposes of this Ordinance until the
conclusion of the first annual general meeting of members which shall be convened
as soon as practicable after the coming into force of bylaws made under section 6(1)
relating to the convening of meetings of the Association.

(2) Where anything has been commenced by or under the authority of the
Exchange Banks' Association before the commencement of this Ordinance such
thing may be carried on and completed by, or under the authority of, the
Association.

24. Consequential amendment of other enactments

In any enactment containing reference to the Exchange Banks' Association or
the Hong Kong Exchange Banks' Association or words to the like effect, there shall
be substituted for such reference a reference to The Hong Kong Association of
Banks.

SCHEDULE [s. 91

Place of incorporation or principal place ofNumber of members of the Consultative
business of member Council to be elected by members
incorporated in or, in the case of
unincorporated members, having their
principal place of business in, that region
Belgium, France, The Federal Republic of Germany, 4
Italy, The Netherlands, The Republic of Ireland,
Spain, United Kingdom
Austria, Norway, Sweden, Switzerland 1
India, Iran, Malaysia, Pakistan, Thailand 1
Australia, Indonesia, New Zealand, The Philippines 1
Korea, Singapore 1
The People's Republic of China 2
Hong Kong 5
Japan 3
Canada, United States of America 3

Total number of elected members 21

(Replaced L.N. 132 of 1989)