DISTRICT BOARDS ORDINANCE

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 (Repealed) ..........................10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.

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