URBAN COUNCIL ORDINANCE

URBAN COUNCIL ORDINANCE

LAWS OF HONG KONG

URBAN COUNCIL ORDINANCE

CHAPTER 101





CHAPTER 101

URBAN COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ...........................4

2. Interpretation ....................................................................... 4
.............PART II
.............INCORPORATION AND CONSTITUTION
3. Incorporation ....................................................................... 5

4. Seal ................................
................................................ 5

5. Certain contracts and instruments not required to be under seal 5
6. Urban Council .........................5
7. Tenure of office of elected members ...5
7A. Election and tenure of office of representative members 6
8. (Repealed) ............................7
9. Appointment and tenure of office of appointed members 7
9A. Saving ...............................7
PART III
GENERAL PROVISIONS AS TO MEMBERS OF THE COUNCIL
10. Disqualification from appointment, etc . 8
11. Qualifications for appointment as member 9
12. Eligibility for reappointment ........9
13. Saving ...............................9
14. Non-acceptance of office .............9

15. Resignation of a member ................................................ 9
16. Substitution of members .............. 10
17. Non-attendance ....................................................................... 10
18. Publication of notice of vacancy ..... 10
19. Members interests in contracts ....... 11

PART IV

CHAIRMAN

20. Council to elect Chairman and Vice-Chairman 12
21. Duties of Chairman and Vice-Chairman .13
22. Chairman to have casting vote ........13
23. Resignation etc. of Chairman .........13

PART V

FUNCTIONS OF THE
COUNCIL

24. Functions of the Council .............13





Section.................................... Page
25. Powers of the Council ................14
26. Director of Urban Services ...........is
27. Urban Services Department ............15
28. Secretary, Deputy Secretaries and Assistant Secretaries 15
PART VI
PROCEEDINGS OF THE COUNCIL
28A.................................Interpretation 16
29. Standing orders ......................16
30. Council and standing committee meetings 16
31. Minutes ..............................16
32. Acts of the Council ..................17
33. Quorum ...............................17
34. Validity of acts of the Council ......17
35. Appointment of committees ............17
36. Delegation of powers .................18
PART VII
FINANCIAL PROVISIONS
37. Accounts of the Council ..............18
38. Annual accounts ......................20
39. Estimates ..........................20
AREA................Council may revise estimates and list of works 20
40. Audit ................................21
41. Fees .................................21
41A.......................Fees for official signatures etc . 22
41B.......................Reduction etc. of fees and charges 22
42. Power to borrow ......................22
43. Investment of surplus funds ..........23
44. Exemption from taxation ..............23
PART VIII
MISCELLANEOUS PROVISIONS
45. Directions by the Governor ...........23
46. Vesting of property in the Council ...23
47. Communications between the Council and the Governor 23
48. Annual report ........................24
49. Financial statements and report to be laid before Legislative Council 24

50...............................Enforcement of orders 24

51.............................Protection of members 24
51A..........Proceedings against members on grounds of disqualification 24
52.............................Settlement of disputes 25
52A............Prohibition of possession and use of armorial bearings 25
53..................Transitional provisions concerning contracts 26

54. Saving
..........................................................................................................
.... 26





Section .................................Page
First Schedule...........................(Repealed) 26
Second Schedule..........................(Repealed) 26
Third Schedule...........................Declarations of Acceptance of Office by Chairman and Vice-
Chairman ........................26
Fourth Schedule ...................................................................................................................
..........................................27
Fifth Schedule...........................Voting procedure under sections 7A(I.) and 20(1) 27





CHAPTER 101

URBAN COUNCIL

Toprovide for the incorporation of the Urban Council, its constitution, functions
and matters incidental thereto.

11 April 1973]

Originally 19 of 1973 22 of 1974, 60 of 1974, L.N. 234175, L.N. 16177, L.N. 253177, 31 of
1978,
L.N. 129178,65 of 1979,17of 1980, L.N. 377/80,9of 1981,31 of 1981,44of1981,65 of
1984,
53 of 1985, 9 of 1986, 10 of 1986, R. Ed. 1986, 84 of 1988 9 U

PART 1

PRELIMINARY

Short title

1. This Ordinance may be cited as the Urban Council Ordinance.

Interpretation

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

'appointed member- means a person who has been appointed by the Governor to
act as a member of the Council in accordance with the provisions of section 9;

,,auxiliary force' means any of the auxiliary forces as defined in section 2 of the
Auxiliary Forces Pay and Allowances Ordinance (Cap. 254);

'Chairman' means any person elected to be Chairman of the Council under section
20;

'Council' means the Urban Council incorporated under section 3;

'District Board' means a District Board established under section 5 of the District
Boards Ordinance(Cap. 366); (Added 84 of 1988s.2)

'elected member' means a person who has been elected to act as a member of the
Council in accordance with the provisions of the Electoral Provisions
Ordinance (Cap. 367); (Amended 44 of 1981 s. 2)

'member' means an elected member, a representative member or an appointed
member; (Replaced 84 of 1988 s. 2)

'ordinary election' has the meaning assigned to it in the Electoral Provisions
Ordinance; (Replaced 44 of 1981 s. 2)

'representative member' means a person elected to act as a representative member
of the Council under section 7A; (Added 84 of 1988 s. 2)

'Secretary' means any person appointed by the Governor to be Secretary of the
Council under section 28, or any Deputy Secretary or Assistant Secretary so
appointed; (Amended 9 of 1986 s. 2)





',standing committee' means the standing committee established under section
30(2); (Amended 9 of 1986 s. 2)

'Urban Council area' has the meaning assigned to it in the District Boards
Ordinance; (Added 9 of 1986s.2)

'Vice-Chairman' means a person elected to be Vice-Chairman under section 20.
(Added 84 of 1988 s. 2)

(2) In an election under this Ordinance, a person shall not have a casting vote
in addition to a deliberative vote. (Added 84 of 1988s.2)

PART 11

INCORPORATION AND
CONSTITUTION

Incorporation

3. The Urban Council shall be a body corporate with perpetual succession and
shall and may sue and be sued in the corporate name of the Urban Council.

Seal

4. (1) The Council shall have a common seal, and the fixing of the seal shall

(a) be authorized or ratified by resolution of the Council; and

(b)be authenticated by the signatures of the Chairman and any member of
the Council, authorized by resolution of the Council either generally or
specially to act for that purpose.

(2) Any document purporting to be a document duly executed under the seal of
the Council shall be received in evidence and shall, unless the contrary is proved,
be deemed to be a document so executed.

Certain contracts and instruments not required to he
under seal

5. Any contract or instrument which, if entered into or executed by a person
not being a body corporate, would not be required to be under seal may be entered
into or executed on behalf of the Council by any person generally or specially
authorized by the Council for that purpose.

Urban Council

6. The Council shall consist of 15 elected members, 10 representative members
and 15 members appointed by the Governor.

(Amended 44 of 1981 s. 3; 84 of 1988 s. 3)

Tenure of office of elected members

7. (1) The elected members shall be elected in accordance with the provisions
of the Electoral Provisions Ordinance (Cap. 367) and shall hold office





(a)subject to subsection (2), in the case of a member elected at an ordinary
election for the Council, for 3 years from 1 April next following the
notification in the Gazette of his election;

(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 18, from the
date of the notification in the Gazette of his election until the date when
the elected member whom he succeeded would otherwise have ceased to
hold office. (Amended 9 of 1981 s. 2; 44 of 1981 s. 4; 9 of 1986s.3)

(2) A member elected at the ordinary election in March 1989 shall hold office
from 1 April 1989 to 31 May 1991 and a member elected at the ordinary election in
May 1991 shall hold office from 1 June 1991 to 31 March in the year in which the
next ordinary election for the Urban Council is held. (Replaced 84 of 1988 s. 4)

Election and tenure of office of representative members

7A. (1) Each District Board in the Urban Council area shall, at a meeting of the
District Board, elect one of its members as its representative member on the Council
in accordance with the voting procedure set out in the Fifth Schedule and, subject
to this subsection, according to such procedures as the District Board may
determine by its standing orders.

(2) The District Officer for the district shall be the returning officer for the
election of a representative member.

(3) Subject to subsections (5) and (7), an appointed member or an elected
member of the Council, who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(4) Between 16 March and 31 March 1989, the elected and appointed members
of each District Board in the Urban Council area shall elect one of their number as
the District Board's representative member for a term commencing 1 April 1989 and
expiring on 31 May 1991.

(5) For the election of a representative member in March 1989-

(a)an appointed or elected member of the Council whose term of office on the
Council will terminate on or before 31 March 1989 and who has not been re-
elected or re-appointed and who is a member of a District Board is
qualified for election as a representative member of the Council for the
District Board; and

(b)a person who has been elected as a member of the Council at the election
held in March 1989 but whose term of office does not commence until 1
April 1989 and who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(6) Between 23 May and 31 May 1991, each District Board in the Urban Council
area shall elect one of its members as its representative member for a term
commencing on 1 June 1991 and expiring on 30 September in the year in which the
next ordinary election for the District Board is held.





(7) For the election of a representative member in May 1991-

(a)an appointed or elected member of the Council whose term of office on the
Council will terminate on or before 31 May 1991 and who has not been re-
elected or re-appointed and who is a member of a District Board is qualified
for election as a representative member of the Council for the District
Board; and

(b)a person who has been elected as a member of the Council at the election
held in May 1991 but whose term of office does not commence until 1 June
1991 and who is also a member of a District Board, is not qualified for
election as a representative member of the Council for the District Board.

(8) Subject to subsections (4) and (6), each District Board in the Urban Council
area shall, in the month following the month in which an ordinary election for the
District Board is held, elect one of its members as its representative member for a
term commencing on the first day of the month following the holding of the election
and expiring on 30 September in the year in which the next ordinary election for the
District Board is held.

(9) Where the office of a representative member becomes vacant under section
18, the District Board shall elect another representative member not earlier than one
month from the date of publication of the vacancy in the Gazette and the new
representative member shall hold office from the date of notification of his election in
the Gazette for the balance of the term of office that the former member would have
served if his office had not become vacant.

(10) The Chairman of a District Board shall notify the Governor in writing of the
result of the election of a representative member as soon as practicable after the
election.

(11) The Secretary shall publish notice of the election of a representative
member in the Gazette.

(12) The Legislative Council may by resolution amend the Fifth Schedule.

(Added 84 of 1988 s. 5)

8. (Repealed 44 of 1981 s. 5)

Appointment and tenure of office of appointed members

9. (1) An appointed member shall be appointed by the Governor by a
notification in the Gazette.

(2) Subject to this Ordinance, an appointed member shall hold office for a
period determined by the Governor. (Replaced 84 of 1988 s. 6)

Saving

9A. Nothing in this Ordinance shall prevent a person from being at the same
time a member of a District Board in the Urban Council area and a member of the
Council.

(Added 84 of 1988 s. 7)





PART 111

GENERAL PROVISIONS AS TO MEMBERS OF
COUNCIL

Disqualification from appointment, etc.

10. (1) A person shall be disqualified from being appointed or holding office as
an appointed member if he- (Amended 9 of 1986 s. 4)

(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 Council or any
committee thereof or having held such office has been dismissed
therefrom;

(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 from being appointed or holding office as an appointed
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; (Amended 9 of 1986 s. 4)

(f)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;

(fa) 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; (Added 9 of 1986 s. 4)

(g)without prejudice to paragraph (b), has, where the appointment is to be
made or is made within 10 years from the date of conviction, been
convicted- (Amended 9 of 1986 s. 4)

(i) of any offence 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 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. 13)

(iv) of any offence under the Prevention of Bribery Ordinance

(Cap. 20 1).(Replaced 44 of 1981 s. 7)





(2) Nothing in subsection (1)(fa) shall prevent the appointment as an
appointed member of a person disqualified under subsection (1)(fa) if under the
Mental Health Ordinance it is subsequently found that his unsoundness of mind
has ceased. (Added 9 of 1986 s. 4)

Qualifications for appointment as member

11. Any person, unless disqualified by virtue of this Ordinance or any other
enactment, shall be qualified for appointment 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.

(Replaced 44 of 198 1 s. 7)

Eligibility for reappointment

12. 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.

(Replaced 44 of 1981 s. 7)

Saving

13. 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.

(Replaced 44 of 1981 s. 7)

Non-acceptance of office

14. (1) A person may decline to accept office as an appointed, elected or
representative member by giving notice in writing to the Secretary at any time before
his term of office commences.

(2) If a person gives the Secretary notice of non-acceptance of office as a
member, the Secretary 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.

(Replaced 84 of 1988 s. 8)

Resignation of a member

15. (1) A member may at any time resign his office by giving notice in writing
under his hand to the Chairman or Secretary.

(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 Secretary; or

(b)if no such date is specified in the notice, then upon receipt of the notice by
the Chairman or Secretary.

(Amended 9 of 1986 s. 6)





Substitution of members

16. 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 Governor and to the Secretary 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.

(Amended 65 of 1984 s. 14; 9 of 1986 s. 5)

Non-attendance

17. (1) If a member fails throughout a period of 3 consecutive months to attend
any meeting of the Council he shall, unless the failure was due to some reason
approved by the Council, cease to hold office as a member of the Council. (Amended
9 of 1986 s. 7)

(2) A member of an auxiliary force employed as such during war or emergency
on any service therewith shall not cease to hold office under subsection (1) by
reason only of failure to attend meetings of the Council if the failure was due to such
employment.

Publication of notice of vacancy

18. 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 1984 s. 15)

(aa) who is a representative member for a District Board, ceases to be a
member of the District Board other than on the expiry of his term; (Added
84 of 1988 s. 9)

(b)who is an appointed member, becomes disqualified by reason of section
10;

(c)ceases to be registered or entitled to be registered as an elector under the
Electoral Provisions Ordinance;

(d)is disqualified from holding office under section 14(2); (Replaced 84 of
1988 s. 9)

(e) resigns in accordance with section 15;

(f) ceases to hold office by reason of section 17;

(g) ceases to hold office by reason of a declaration under section 51A;

(ga) 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. 15)

(gb) who is an appointed member, is convicted on a date after his appointment
of an offence referred to in section 10(1)(g)(ii) or (iv); (Added 65 of 1984 s.
15)





(h) dies; or

(i) 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 20, the Secretary shall give notice
thereof in the Gazette.
(Replaced 44 of 1981 s. 8. Amended 9 of 1986 s. 8)

Members interests in contracts

19. (1) If a member has any pecuniary interest, direct or indirect, in any
contract or proposed contract or other matter and is present at a meeting of
the Council or a committee thereof at which the contract or other matter is
the subject of consideration, he shall at the meeting, as soon as practicable after
the commencement thereof, disclose the fact, and shall not take part in the
consideration or discussion of, or vote on any question with respect to, the
contract or other matter.

(2) This section shall not apply to an interest in a contract or other matter
which a member may have as a ratepayer or resident of the Urban Council area
or to an interest in any matter relating to the terms on which the right to
participate in any service is offered to the public. (Amended 9 of 1986 s. 9)

(3) A member shall not be treated as having a pecuniary interest in any
contract or other matter if the interest-
(a) of that member; or

(b)of any company, body or person connected with him as mentioned in
subsection (4),
is so remote or insignificant that it cannot reasonably be regarded as likely to
influence a member in the consideration or discussion of, or in voting on, any
question with respect to that contract or matter.

(4) For the purposes of this section a member shall be treated as having
indirectly a pecuniary interest in a contract or other matter, if-

(a)he, or any nominee of his, is a member of a company or other body
with which the contract is made or is proposed to be made or which
has a direct pecuniary interest in the other matter under consideration;
or
(b)he is a partner, or in the employment, of a person with whom the
contract is made or is proposed to be made or who has a direct
pecuniary interest in the other matter under consideration:
Provided that-
(i) this subsection shall not apply to membership of, or employment
under, any public body;
(ii) a member of a company or other body shall not, by reason only of his
membership, be treated as being so interested if he has no beneficial
interest in any shares or stock of that company or other body.
(5) In the case of married persons the interest of one spouse shall, if
known to the other, be deemed for the purposes of this section to be also an
interest of that other spouse. (Amended 9 of 1986 s. 9)





(6) A general notice given in writing to the Secretary by a member to the effect
that he or his spouse is a member or in the employment of a specified company or
other body, or that he or his spouse is a partner or in the employment of a specified
person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient
disclosure of his interest in any contract, proposed contract or other matter relating
to that company or other body or to that person which may be the subject of
consideration after the date of the notice.

(7) The Secretary shall record in a book to be kept for the purpose particulars
of any disclosure made under subsection (1), and of any notice given under
subsection (6), and the book shall be open at all reasonable hours to the inspection
of any member of the Council.

(8) Any person who fails to comply with subsection (1) shall be guilty of an
offence and shall be liable to a fine of $10,000 for each offence, unless he proves
that he did not know that a contract, proposed contract, or other matter in which he
had a pecuniary interest was the subject of consideration at the meeting.

(9) No prosecution of an offence under this section shall be instituted without
the consent of the Attorney General.

(10) The Council may by standing orders provide for the exclusion of a member
from a meeting of the Council or any committee whilst any contract, proposed
contract or other matter in which he has an interest to which this section applies is
under consideration.

(11) In this section 'committee' includes the standing committee and any select
committee or sub-committee appointed under section 35. (Added 9 of 1986s.9)

PART IV

CHAIRMAN

Council to elect Chairman and Vice-Chairman

20. (1) The Council, at the first meeting of the standing committee held in the
month following an ordinary election, shall elect a Chairman and a Vice-Chairman in
accordance with the procedure set out in the Fifth Schedule. (Replaced 84 of 1988
s. 10)

(2) The election of a member as Chairman or as Vice-Chairman shall not create a
vacancy on the Council and such member shall hold office as Chairman or Vice-
Chairman, as the case may be, only as long as he is a member of the Council.
(Replaced 44 of 1981 s. 10)

(3)-(4) (Repealed 44 of 1981 s. 10)

(5) No person shall assume office as Chairman or Vice-Chairman until he has
completed a declaration of acceptance of such office in the form prescribed in the
Third Schedule and delivered the same to the Secretary. (Amended 44of 1981s.10)





(6) The Chairman and the Vice-Chairman shall hold office until the 31 March of
the year in which an ordinary election for the Council is next held but shall be
eligible for re-election for a second or subsequent term of office. (Replaced 44 of
1981 s. 10. Amended 9 of 1986 s. 10)

(6A) The Chairman and Vice-Chairman elected in April 1989 shall hold office
until 31 May 1991. (Added 84of 1988s. 10)

(7) At the meeting referred to in subsection (1) the Secretary shall preside and
shall continue to preside until the Chairman assumes office but shall have neither a
casting nor a deliberative vote. (Added 9 of 1986 s. 10)

Duties of Chairman and Vice-Chairman

21. (1) The Chairman shall preside at meetings of the Council and of the
standing committee and shall perform such other duties as are prescribed in this
Ordinance.

(2) In the absence of the Chairman, or if at any time the office of Chairman is
vacant, the Vice-Chairman shall preside and shall perform such other duties of the
Chairman as are prescribed in this Ordinance.

(3) If both the Chairman and the Vice-Chairman are absent from a meeting of the
Council or of the standing committee the members present shall appoint from among
themselves a temporary Chairman to preside at that meeting.

Chairman to have casting vote

22. At any meeting of the Council or of the standing committee 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

23. (1) The Chairman or the Vice-Chairman may resign his office by giving
notice in writing under his hand to the Secretary and the provisions of section 15(2)
shall thereupon apply. (Amended44of1981s.11;9of 1986s.11)

(2) (Repealed 44 of 1981 s. 11)

(3) Where the Chairman or the Vice-Chairman resigns, dies or the office of
Chairman or Vice-Chairman is otherwise vacated, a new Chairman or Vice-Chairman,
as the case may be, shall be elected at the first meeting of the standing committee
thereafter and he shall hold office until the date when the Chairman or Vice-Chairman
whom he succeeded would otherwise have ceased to hold office. (Replaced 44 of
1981 s. 11. Amended 9 of 1986 s. 11; 84 of 1988s.II)

FUNCTI
ONS

Functions of the Council
24. The Council shall-





(a)exercise such powers and perform such duties as may, from time to time, be
conferred or imposed on the Authority by the Public Health and Municipal
Services Ordinance (Cap. 132); (Amended 10 of 1986 s.32)

(aa) exercise such powers and perform such duties as are conferred or
imposed on it by this Ordinance; (Added 9 of 1986s.12)

(ab) exercise the powers and perform the duties conferred or imposed on the
collection authority by the Waste Disposal Ordinance (Cap. 354); (Added
9 of 1986 s. 12)

(b) (Repealed 9 of 1986 s. 12)

(c)be the Board for the Urban Council area for the purposes of the Dutiable
Commodities (Liquor) Regulations (Cap. 109, sub. leg.);

(d)be the licensing authority for the purposes of licensing places of
entertainment within the Urban Council area under the Places of Public
Entertainment Regulations (Cap. 172, sub. leg.);

(e)undertake such other functions within the Urban Council area as the
Governor may from time to time direct.

(Amended 9 of 1986 s. 12)

Powers of the Council

25. (1) The Council may- (Amended 9 of 1986 s. 13)

(a)establish and maintain places and facilities for recreation, relaxation, the
performance of sports of any kind and the conduct of literary, artistic,
musical or other cultural activities of any kind;

(b)provide, promote, sponsor, assist or collaborate with any person or group
of persons whether incorporated or not in the organizing or presenting of

(i) dancing, musical, dramatic or theatrical performances of any kind;

(ii) cinematograph displays;

(iii) literary, historical, artistic, scientific or other cultural exhibitions or
competitions;

(iv) demonstrations, displays or competitions of, and training for,
sports; (Amended 9 of 1986 s. 13)

(c)acquire and hold property of any description if in the opinion of the
Council such property is necessary for the accommodation of the Council
or the Urban Services Department or for the performance of any purpose
which the Council is required or is permitted by this or any other
Ordinance to perform and subject to the terms and conditions upon which
such property is held to dispose of the same;

(d)undertake and execute any lawful trust which has as its object the
furtherance of any purpose which the Council is required or is permitted
by this or any other Ordinance to perform or any other object similar or
incidental to any such purpose;





(e)accept gifts and donations whether of property or otherwise and whether
subject to any special trust or not;

(ea) notwithstanding section 27

(i) enter into contracts; and

(ii) engage staff whether in a full or part time capacity; (Added 9 of
1986 s. 13)

(eb) provide recreational and cultural activities; (Added 9 of 1986 s. 13)

(ec) make such charges for the use of its facilities and services as it considers
are reasonable; (Added 9 of 1986s.13)

(f)do all such other acts as are reasonably necessary for the exercise or
performance of all or any of the powers or duties of the Council under this
or any other Ordinance and to perform any other function which is
incidental or conducive to the attainment or furtherance of the purposes of
the Council in accordance with the provisions of this or any other
Ordinance.

(2) Subject to subsection (3) the powers referred to in subsection (1) may be
exercised in relation to the Urban Council area or elsewhere. (Added 9 of 1986s.13)

(3) The powers referred to in subsection (1)(a) shall be exercised only in
relation to the Urban Council area. (Added 9 of 1986s.13)

Director of Urban Services

26. (1) The principal executive officer of the Council shall be the Director of
Urban Services.

(2) The Director of Urban Services (or, with the consent of the Chairman, a
Deputy Director or an Assistant Director) shall, notwithstanding that he is not a
member thereof, attend the meetings of the standing committee and report on the
execution of its decisions and may tender such advice as he thinks fit.

(3) The Director of Urban Services (or a Deputy Director or an Assistant
Director) may attend any meeting of any committee or sub-committee of the Council
appointed under section 35(1).

(4) With the consent of the chairman of any committee or sub-committee, a
public officer may attend any meeting of that committee or sub-committee. (Added 9
of 1986 s. 14)

(Amended 44 of 1981 s. 12; 9 of 1986 s. 14)

Urban Services Department

27. The Council shall discharge its functions through the Urban Services
Department which shall, under the direction of the Director of Urban Services, do all
acts and things necessary for implementing the decisions of the Council or of any
committee thereof to which the Council may have delegated the exercise of any of its
powers under this or any other Ordinance.

Secretary, Deputy Secretaries and Assistant Secretaries

28. (1) The Governor shall, after consultation with the Council, appoint a
Secretary to the Council.





(2) The Governor may, after consultation with the Council, appoint Deputy
Secretaries and Assistant Secretaries and may appoint such other staff as he may
determine to assist the Secretary. (Amended 9 of 1986 s. 15)

PART VI

PROCEEDINGS OF THE COUNCIL

Interpretation

28A. In this Part, except in sections 33(2), 35(1), (2) and (3) and 36, 'committee'
save where it is used in conjunction with 'standing' includes any sub-committee.

(Added 9 of 1986 s. 16)

Standing orders

29. The Council may make standing orders for regulating its procedure and
without prejudice to the generality of the foregoing such standing orders may make
such provision for the preservation of order at meetings as the Council may deem
necessary.

Council and standing committee meetings

30. (1) The Council shall meet at such times as may be laid down in standing
orders and may adjourn from time to time.

(2) There shall be a standing committee consisting of the Chairman and all the
members of the Council which shall meet at such times as may be laid down in
standing orders and which may adjourn from time to time.

(3) The Chairman may at any time summon a meeting of the Council or of the
standing committee.

(4) The Chairman shall, on a requisition signed by not less than 3 members of
the Council to that effect, summon a meeting of the Council or of the standing
committee as the case may be, within 7 days of receiving such requisition.

(5) Notice of meeting shall be given by the Secretary to each member of the
Council at least 2 clear days before the day of each meeting, except in case of
emergency when as long a period of notice as possible shall be given. Accidental
omission to supply such notice to any member of the Council shall not affect the
validity of a meeting. (Amended 9 of 1986 s. 17)

Minutes

31. (1) Minutes of the proceedings of the Council and of the standing
committee shall be kept and authenticated in accordance with standing orders.

(2) Until the contrary is proved, a meeting of the Council or of a committee
thereof, in respect of the proceedings whereof a minute has been kept and
authenticated in accordance with standing orders, shall be deemed to have been
duly convened and held and all the members present at the meeting shall be





deemed to have been duly qualified, and where the proceedings are proceedings
of a committee, the committee shall be deemed to have been duly constituted
and to have had power to deal with the matters referred to in the minutes.

Acts of the Council

32. (1) All questions coming or arising before a meeting of the Council or
of the standing committee shall be decided by a majority of the members present
and voting thereon.

(2) Nothing in subsection (1) shall limit the discretion of the Council or
any committee to determine any matter by circulating papers, and any papers so
circulated may assume the agreement of the Council or such committee to any
matter unless a member notifies his disagreement within such time as may be
specified in such papers. (Replaced 60 of 1974 s. 3)

Quorum

33. (1) At any meeting of the Council or of the standing committee 10
members shall be a quorum. (Amended 44 of 1981 s. 13; 84 of 1988 s. 12)

(2) The quorum for any committee of the Council appointed under
section 35(1) shall be laid down in standing orders of the Council.

Validity of acts of the Council

34. The proceedings of the Council or of a committee thereof shall not be
invalidated by any vacancy among their number, or by any defect in the election
or qualification of any member thereof.

Appointment of committees

35. (1) The Council may, for the better discharge of its functions under
this Ordinance, appoint committees which may include persons who are not
members of the Council. (Amended 9 of 1986 s. 18)

(2) At least two-thirds of the members of each committee shall be
members of the Council, one of whom shall be elected as Chairman of the
committee and as such shall have an original vote and, if the votes be equal, a
casting vote.

(M) A committee appointed under this section may, for the better
discharge of its functions, appoint sub-committees which may include persons
who are not members of the Council or of that committee. (Added 9 of 1986
s. 18)

(3) The Council may co-opt to any committee-

(a) the Director of Urban Services;

(b) (Repealed 9 of 1986 s. 1.8)

(e)with the consent of the Director of Urban Services, any officer of the
Urban Services Department;

(d) with the consent of the Chief Secretary, any other public officer,

and any person so co-opted shall serve on such committee.





(4) Every person appointed to any committee who is not a member of the
Council and every public officer co-opted to serve on any committee shall be a
member thereof for -the purposes of voting and determining a quorum.

Delegation of powers

36. (1) Subject to subsection (4) the Council may by resolution delegate any of
its powers and functions, including the power conferred by this section to delegate
power, to any member of the Council or to any committee of the Council or to any
member of any such committee or to any public officer with full powers to enforce
any of the provisions of any enactment conferring powers on the Council.
(Amended 9 of 1986 s. 19)

(2) (Repealed 9 of 1986 s. 19)

(3) In any case where a single member is exercising such delegated powers
under the provisions of subsection (1), if he is not in agreement with a
recommendation in writing of a public officer he shall refer such recommendation to
the appropriate Select Committee or to the Council, and the Committee or the
Council, as the case may be, shall decide whether the recommendation be accepted,
modified or rejected. (Amended 9 of 1986 s. 19)

(4) No delegation under subsection (1) shall authorize the exercise of any
power- (Amended 9 of 1986 s. 19)

(a)to approve the annual list of works or estimates of revenue or expenditure
of the Council, or any revision thereof made under section 39A;
(Replaced 65 of 1979 s. 2)

(aa) to incur expenditure in excess of that provided for in the estimates of
expenditure (whether as originally approved or as from time to time revised
under section 39A); (Added 65 of 1979 s. 2)

(b) to raise any loan under section 42(1);

(c)to authorize the annual report or statements of receipts and payments and
of assets and liabilities of the Council; (Amended 65 of 1979 s. 2)

(d) to make any bylaw or regulation; or

(e)to invest surplus funds of the Council under section 43 other than on
deposit in any bank licensed under the Banking Ordinance (Cap. 155) on
fixed term or call deposit or in a current or savings account. (Replaced 9 of
1986 s. 19)

(5) Nothing in paragraph (a) or (aa) of subsection (4) shall affect the authority
of the Council to delegate its powers in bylaws made in accordance with section 37.
(Added 65 of 1979 s. 2)

PART VII

FINANCIAL PROVISIONS

Accounts of the Council

37. (1) The accounts of the Council shall be prepared in such form, and
maintained in such manner as the Director of Accounting Services may direct.





(2) Subject to subsections (1) and (3), the Council may make bylaws for the
regulation and control of its finances, including provisions as to the following

(a)limitations on expenditure by any committee, sub-committee or person to
whom the Council may delegate powers to authorize expenditure;
(Amended 9 of 1986 s. 20)

(b)the establishment of reserves for particular purposes and the procedure to
be adopted by the Council in making transfers thereto or therefrom; and

(c)the establishment of a tender board for the procurement of such goods
and services as may be determined by the Council. (Replaced 65 of
1979s.3)

(3) Bylaws made under subsection (2) may contain delegations of the powers
mentioned in paragraphs (a) and (aa) of section 36(4) but not in excess of the
following--

(a) a delegation to the standing committee of the Council's powers-

(i) to revise from time to time in any way that part of the estimates of
expenditure referred to in section 39(1) which relates to capital works;

(ii) to revise from time to time, by adding any sub-head, any part of the
estimates of expenditure or of the list of works referred to in section 39(1);

(iii) to revise any part of the said estimates of expenditure or list of
works by authorizing expenditure in respect of any sub-head in excess of
the amount provided therefor (whether originally or as a result of a
revision thereof);

(b)a delegation to any member of the Council or to any committee or sub-
committee, other than the standing committee, or to any member of any
committee or any public officer of the Council's powers

(i) to revise from time to time that part of the said estimates which relate
to capital works by increasing or reducing the amount of the estimated
total cost of any capital work or the amount of the expenditure thereon
during the year to which the estimates relate;

(ii) to revise any part of the said estimates of expenditure or list of works
by authorizing expenditure in respect of any sub-head in excess of the
amount provided therefor in the said estimates or list of works (whether
originally or as a result of a revision thereof),

but limited, where subparagraph (i) applies, to an increase or reduction of
the amount of the estimated total cost of any capital work by not more
than 30% of the amount originally provided, and, where subparagraph (ii)
applies, to excess expenditure of not more than $15,000 where the amount
originally provided for a sub-head is less than $50,000 and of not more
than 30% of the amount originally provided for a sub-head in any other
case;

(c)a delegation to any member of the Council or to any committee or sub-
committee or any member of any committee or any public officer of the
Council's powers to transfer amounts appearing in a sub-head





of the said estimates (whether originally or as a result of a revision thereof)
to another sub-head thereof. (Replaced 65 of 1979 s. 3. Amended 9 of 1986 s.
20)

(4) Every delegation referred to in subsection (3) shall be made in terms which
require the person, committee or sub-committee within the period specified in the
bylaws to lay before the Council particulars of the exercise of the delegated powers.
(Added 65 of 1979s.3. Amended 9 of 1986s.20)

Annual accounts

38. As soon as may be convenient after the end of each financial year the
Council shall cause to be drawn up a statement of receipts and payments during
such financial year and a statement of the assets and liabilities of the Council on the
last day thereof.

(Amended 65 of 19 79 s. 4)

Estimates

39. (1) Not later than 3 months before the end of each financial year the Council
shall prepare and furnish to the Governor estimates of its revenue and expenditure
for the next financial year together with a list of works which the Council proposes to
undertake during the next financial year. (Amended 53of 1985s.2)

(2) The estimates shall set out, under separate headings, the sources of
revenue and the distribution of expenditure; and where several matters are dealt with
under one heading each such matter shall be itemized and be shown in a separate
sub-heading relating to similar items.

(3) The estimates may provide for-

(a)expenditure of such sums as may be necessary to defray the cost of official
ceremonies of the Council;

(b) payment of allowances to members to meet in expenses incurred in
connection with the discharge of the office of a member of the Council;
and

(c)payment of a special allowance or honorarium to the Chairman and Vice-
Chairman. (Amended 9 of 1986 s. 21)

(4) The list of works shall show in respect of each work-

(a) the estimated total cost thereof;

(b) the date on which such work is expected to be completed; and

(c) the amount to be expended thereon during the next financial year.

(Amended 65 of 1979 s. 5)

Council may revise estimates and fist of works

39A. (1) The Council may from time to time revise the estimates and list of
works furnished by it under section 39(1).





(2) The Council shall, in respect of each period of 3 months commencing
on the 1st days of January, April, July and October in each year, prepare and
furnish to the Governor details of any estimates or list of works revised under
subsection (1) during that period; and in so doing shall comply with such of the
requirements of subsections (2) and (4) of section 39 as are applicable.

(3) The details mentioned in subsection (2) shall be furnished to the
Governor within a period of 2 months after the expiration of the quarter to
which they relate or within such further period as the Governor may allow.
(Added 65 of 1979 s. 6)

Audit

40. (1) The Chairman shall within the period of 4 months, or such longer
period as the Governor may determine, after the close of each financial year,
transmit to the Director of Audit-

(a)the statement of the receipts and payments of the Council for that
financial year; (Amended 65 of 1979 s. 7)

(b)the statement of the assets and liabilities of the Council on the last day
of that financial year; and

(c)such other statements as the Director of Accounting Services may
specify from time to time.

(2) The Director of Audit shall be entitled at any time to have access to all
books of account, vouchers and other financial records of the Council and to
require such information and explanations thereon as he thinks fit.

(3) On receipt of the statements referred to in subsection (1), the Director
of Audit-

(a) shall examine and audit the statements; and

(b)shall within a period of 6 months after the close of the financial year,
or such longer period as the Governor may determine, prepare and
submit to the Council a report in respect of his examination and audit
of the statements together with-
(i) a copy of the statement of assets and liabilities duly certified by
him; and
(ii) a copy of the statement of receipts and payments duly certified
by him. (Amended L.N. 377180)

(4) The Chairman shall send copies of the audited statements and of the
report of the Director of Audit to the Governor.

Fees

41. Where under any regulations made by the Governor in Council the
Council is constituted as the authority for the purposes of such regulations and
as such authority the Council is required to do anything for which a fee is to be
paid or a charge made all such fees and charges shall be payable to the Council.





Fees for official signatures etc.

41A. (1) The Council may make bylaws prescribing fees, for a public
officer's attending to the matters mentioned in subsection (2), to be paid to the
Council in cases where-

(a)by any enactment the Council is constituted as an authority for the
purposes of that enactment;

(b)any such matter is required or authorized by law and it is the function
of a public officer on behalf of the Council to attend to it; and

(c)no fee therefor is otherwise payable to the Council and the enactment
does not disallow the charging of a fee therefor.

(2) The matters referred to in subsection (1) are-

(a)the signing of any certificate, authorization, consent, licence, permit or
exemption, or any alteration, transfer or renewal thereof, addition
thereto or endorsement thereon, or any copy of the same;

(b)the alteration, transfer, endorsement or addition to any certificate,
authorization, consent, licence, permit or exemption;

(c)the certification of an extract of a document, book, record or instru-
ment as a true extract thereof;

(d) the issue of a duplicate of a document, as provided for in subsection (3).

(3) Where an enactment requires or authorizes the issue of a document
by a public officer on behalf of the Council such officer may issue a duplicate
thereof.
(Added 65 of 19 79 s. 8)

Reduction etc. of fees and charges

41B. (1) Without limiting any particular power of the Council in that
behalf, any fee or charge payable to the Council under any enactment may
be, in any particular case and on any special ground-

(a)reduced by the Council or varied by it (but not so as to cause the fee
or charge as varied to exceed the original figure);

(b) remitted or refunded in whole or in part.

(2) The power in subsection (1) shall not be exercised in respect of Urban
Council rates payable under the Rating Ordinance (Cap. 116).
(Added 65 of 1979 s. 8)

Power to borrow

42. (1) Subject to such terms and conditions as may be approved by the
Financial Secretary, the Council may raise a loan or loans, chargeable upon and
payable out of the revenues and assets of the Council, of such sums of money as
may be required for any capital expenditure of the Council or for the repayment
of any loan previously raised for any such purpose.





(2) The Council may, with the approval of or in accordance with the
terms of any general authority given by the Financial Secretary, borrow
temporarily, by way of overdraft or otherwise, such sums of money as may be
required for discharging obligations or fulfilling functions imposed or conferred
upon the Council by this or any other Ordinance.

Investment of surplus funds

43. All funds of the Council that are not immediately required shall be---

(a) deposited in any bank licensed under the Banking Ordinance (Cap.
155) on fixed term or call deposit or in a current or savings account; or

(b) invested in such other investments as may be approved by the
Financial Secretary.
(Replaced 9 of 1986 s. 22)

Exemption from taxation

44. The revenues of the Council shall not be subject to taxation.
(Replaced 31 of 1981 s. 65)

PART VIII

MISCELLANEOUS PROVISIONS

Directions by the Governor

45. (1) The Governor may, after consultation with the Council, give the
Council directions of a general character as to the discharge by the Council of
its functions in relation to matters appearing to the Governor to affect the
public interest, and the Council shall give effect to such directions.

(2) The Governor may, after consultation with the Council, give to the
Council specific directions for the purpose of remedying any failure of the
Council to discharge any obligation or to fulfil any function imposed upon the
Council by this or any other Ordinance, and the Governor may further direct
any public officer to remedy such failure and any expense incurred thereby shall
be payable by the Council.

Vesting of property in the Council

46. (1) The Governor may by order vest in the Council, for the purposes
stated in such order, the management and control of any property which is
vested in the Crown.
(2) Any property vested in the Council which ceases to be used for the
purpose stated in the vesting order shall revert to the Crown without payment of
compensation.

Communications between the Council and the Governor

47. All communications from the Council to the Governor shall be signed
by the Chairman or the Secretary and be delivered to the Chief Secretary.





Annual report

48. The Chairman shall, at the time of forwarding the statements referred to in
section 40(4), make to the Governor a report on the activities of the Council during
that financial year.

Financial statements and report to he laid before
Legislative Council

49. As soon as may be convenient after the receipt thereof, the Governor shall
cause to be laid on the table of the Legislative Council

(a)the estimates and list of works of the Council furnished under section
39(1);

(aa) any revised estimates and list of works of the Council furnished under
section 39A(2); (Added 65 of 1979 s. 9)

(b)copies of the audited statements of accounts and of the report of the
Director of Audit furnished under section 40(4); and

(c)the Chairman's report on the activities of the Council furnished under
section 48.

Enforcement of orders

50. Failure to comply with any written order of a member of the Council, of a
committee of the Council, or of a member of a committee of the Council, duly
empowered under section 36 such order having been signed by the Secretary, and
failure to comply with any order of a public officer duly empowered under section 36
shall be punishable in the same manner as if such order had been made by the
Council.

Protection of members

51. No matter or thing done, by any member of the Council or of a committee of
the Council, bona fide for the purpose of carrying into effect the provisions of this
Ordinance or of any other enactment conferring powers on the Council, shall
subject such member personally to any action, liability, claim or demand
whatsoever.

Proceedings against members on grounds of disqualification

51A. (1) Proceedings may be instituted in the High Court ('the 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:

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. (Amended 65 of 1984 s. 16; 9 of 1986 s. 23)

(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 to declare that the office in which the
defendant has acted is vacant;

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

(e)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. (Amended 9 of 1986 s. 23)

(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 make and deliver the declaration of acceptance of
office within the period required, resignation or for any other reason he
has ceased to be a member. (Amended 65 of 1984 s. 16) (Added 44 of
1981 s. 14)

Settlement of disputes

52. The Chairman may refer any dispute between the Council and any public
officer to the Governor in Council and such a reference shall be deemed to be an
appeal to the Governor in Council for the purposes of section 64 of the
Interpretation and General Clauses Ordinance (Cap. 1).

Prohibition of possession and use of armorial bearings

52A. (1) Except with the authority of the Council, no person shall use or have
in his possession without reasonable excuse

(a)any armorial bearings of the Council, which armorial bearings are
portrayed in the Fourth Schedule, or any copy or replica of such armorial
bearings; or

(b) any armorial bearings or other device containing the words 'Urban

Council' or the characters or





(c)any armorial bearings or other device which so resembles any armorial
bearings of the Council as to be capable of being mistaken for such
armorial bearings. (Amended 17 of 1980 s. 2)

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable on conviction to a fine of $1,000.

(Added 22 of 19 74 s. 2)

Transitional provisions concerning contracts

53. Any contract, agreement or undertaking imposing any obligation or
conferring any benefit in force on 1 April 1973 relating to any premises the
management and control of which is vested in the Council or to the supply of goods
by or to any public officer in the performance of any function on behalf of the
Council shall be deemed to have been entered into on behalf of the Council and shall
be binding on all parties thereto.

Saving

54. For the avoidance of doubt it is hereby declared that the Urban Council
never has been, and shall not be regarded as, a servant or agent of the Crown or as
enjoying any status, immunity or privilege of the Crown.

(Added 9 of 1986 s. 24)

FIRST SCHEDULE
(Repealed 44 of 1981 s. 15)

SECOND SCHEDULE
(Repealed 84 of 1988 s. 13)

THIRD SCHEDULE [s- 20(5)]
PART I (Added 44of 1981 s. 16)

URBAN COUNCIL ORDINANCE
(Chapter 101)

DECLARATION OF ACCEPTANCE OF OFFICE

To the Secretary of the Urban Council.

1 .
....................................................................................................................................
............ of
....................................................................................................................................
.................
.

having been elected to the office of Chairman of the Urban Council hereby declare that 1 take
the said office upon myself and will duly and faithfully fulfil the duties thereof according to the
best of my judgment and ability.

Dated this ......day of ..............19

Signature
.............................................................

This declaration was made and subscribed before me a *Justice of the Peace/Magistrate/
Commissioner for Oaths.

Signature .............................................................

Note: Delete whichever is inapplicable.





PART II
URBAN COUNCIL ORDINANCE
(Chapter 101)

DECLARATION OF ACCEPTANCE OF
OFFICE To the Secretary of the Urban Council.

I . .............................
of .......................
...............................................................

having been duly elected to the office of Vice-Chairman of the Urban Council hereby declare that
I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to

the best of my judgment and ability.
Dated this ........day of 19

Signature
.............................................................

This declaration was made and subscribed before me a *Justice of the Peace/ Magistrate/
Commissioner for Oaths.

Signature ...............................................

Notes: Delete whichever is inapplicable.

(Part II added 44 of 1981 s. 16)

FOURTH SCHEDULE [s. 52A]

(Replaced 17 of 1980 s.
3)

FIFTH SCHEDULE [ss. 7A(I) 20(1)]

VOTING PROCEDURE UNDER SECTIONS 7A(I) AND
20(1)

1. The election of a representative member under section 7A(I) or a Chairman or
ViceChairman under section 20(1) shall be conducted by one or more secret ballots held

(a) among those present and entitled to vote at the election; and

(b) in accordance with the following paragraphs.

2. Subject to paragraphs 4, 5 and 6, a candidate who receives an absolute majority of votes
shall be elected.





3. Where there are 2 candidates (either initially or after elimination ballots) and each receives
an equal number of votes, a further ballot shall be held.
4. If a further ballot is held under paragraph 3 and the candidates receive an equal number of
votes, they shall draw tots to determine which candidate is elected.
5. Where there are more than 2 candidates and no candidate receives an absolute majority of
votes, then-
(a)the candidate who receives the least number of votes shall retire following which a further
ballot shall be held for the remaining candidates;
(b)if 2 or more candidates receive an equal number of votes and that number is the least
number of votes for a candidate, a separate ballot shall be held for those candidates and
the candidate who receives the least votes shall retire following which a further ballot shall
be held for the remaining candidates.
6. If a separate ballot is held under paragraph 5(b) and the same candidates receive an equal
number of votes, the candidates shall draw lots to determine who shall retire following which a
further ballot shall be held for the remaining candidates.
(Added 84 of 1988 s. 14)

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