LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE

LAWS OF HONG KONG

LEGISLATIVE COUNCIL (ELECTORAL

PROVISIONS) ORDINANCE

CHAPTER 381





CHAPTER 381

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3

PART II

ELECTORAL COLLEGE AND FUNCTIONAL CONSTITUENCIES AND
GENERAL
PROVISIONS AS TO THE ELECTION OF MEMBERS

3. Election of elected Members of Legislative Council 5
4. Constituencies and number of seats ....5
5. Tenure of office ......................5
6. Acceptance of office ..................6
7. Resignation ...........................6
8. Non-attendance ........................6
9. Casual vacancies ......................6
10........................................Declaration of casual vacancy 7
11........................................Election to fill casual vacancy 7

PART III

ELECTORAL FRANCIIISE AND ELIGIBILITY TO REGISTER

12........................................Entitlement to vote 7
13........................................Qualification for registration as an elector 7
14........................................Restriction on registration 8
15........................................Disqualification from voting or being registered 8

PART IV

REGISTRATION OF ELECTORS

16........................................Registration officer and staff 9

17.....................................Coming into force of register 9

18............................Revising officer ------ ....... ---------
---..........................9

19........................................Power to make regulations in respect of Parts III and IV 9





Section.................................... Page

PART V

QUALIFICATION FOR CANDIDATURE AND ELECTION OF MEMBERS AND
MATTERS
CONNECTED THEREWITH

20. Qualification for nomination as a candidate 10
21. Disqualification for election or holding office 10
22. Prohibition on being nominated in more than one constituency 11

PART VI

ELECTIONS

23. Returning officer and staff .........12
24. Supervision of elections ............12
25. Saving ..............................12
26. Presumption of validity of election .12
27. Penalties concerning supervision of elections 12
28. Power to make regulations in respect of Part VI 13

PART VII

ELECTION PETITIONS

29. Power to question election by petition 13
30. Who may present election petition ...14
31. Who may be respondent ...............14
32. Jurisdiction ofthe Court in respect of election petition 14
33. Time within which election petition shall be presented 14
34. Security for costs ..................14
35. Determination of Court ..............15
36. Withdrawal of election petition; substitution of new petitioner 15

37. Abatement of election petition ....... 16

38. Withdrawal and substitution of respondent 16
39. Validation of acts done pending election petition 17
40. Vacancy where candidate not duly elected or election void 17

PART VIII

MISCELLANEOUS PROVISIONS

41. Secrecy of vote .....................17
42. Governor may give directions ........17
43. Forms ...............................17
44. Proceedings against persons on grounds of disqualification 17
45. Time limit for laying complaint or information 18
46. Amendment of Schedules ..............18

First Schedule. Electoral college constituencies 19
Second Schedule. Functional constituencies 21





CHAPTER 381

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

To provide for the election of persons to be elected Members of the Legislative
Council and for matters incidental thereto.

[6 April 1985]

Originally 13 of 1985 - R. Ed. 1985, 39 of 1985, L.N. 115/88, 22 of 1988,84 of 1988

PART I

PRELIMINARY

Short title

1. This Ordinance may be cited as the Legislative Council (Electo Electoral

Provisions) Ordinance.

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

ttconstituency' means an electoral college constituency or a functional
constituency;

'Court' means the High Court;

'elected Member' means a person elected under this Ordinance to be an elected
Member of the Legislative Council;

'election' means an election of a person to be an elected Member;

'election petition' means an election petition presented under Part VII;

'elector' (except when used in relation to the Electoral Provisions Ordinance (Cap.
367) ) means a person registered in a final register under this Ordinance who is
not disqualified from being registered or from voting at an election;

'electoral college constituency' means an electoral college constituency referred to
in section 4;

'eligible person-, in relation to a constituency, means a person who is entitled to be
registered as an elector in that constituency;

'final register', in relation to any election, means the final register compiled and
published under this Ordinance in respect of every constituency and in force
on the date of the election;

'Tunctional constituency' means a functional constituency referred to in section 4;

'identity card' means an identity card issued under the Registration of Persons
Ordinance (Cap. 177);





'register' means a register of electors compiled under this Ordinance in respect
of every constituency;
registered' means registered in the final register;
'Registrar' means the Registrar of the Supreme Court;
registration officer' means any of the following---

(a) the person appointed under section 16 to be the registration officer;

(b)any person appointed under that section to be an assistant registration
officer;

returning officer' means any of the following-

(a) the person appointed under section 23 to be a. returning officer;

(b)any person appointed under that section to be an assistant returning
officer;

revising officer' means the revising officer appointed under section 18;
specified form' means a form specified under section 43.

(2) References in this Ordinance to a functional constituency shall, in the
case of a functional constituency which in the Second Schedule is divided into 2
or more electoral divisions, be construed as references to each such electoral
division thereof.

(3) Subject to subsection (M), references in the third column of the
Second Schedule to an entitlement to vote at a general meeting of a body
specified in that column shall be construed as references to such entitlement as
determined in accordance with the constitution, rules or articles of association
of such body in force at the commencement of this Ordinance or as amended or
replaced thereafter with the written approval of the Chief Secretary. (Amended
22 of 1988 s. 2)

(3A) References in the third column of item 6(b) of the Second Schedule to
an entitlement to vote at a general meeting of a body specified in that column
shall be construed as references to such entitlement as determined in accordance
with the constitution, rules or articles of association of such body in force at the
commencement of the Legislative Council (Electoral Provisions) (Amendment)
Ordinance 1988 (22 of 1988) or as amended or replaced thereafter with the
written approval of the Chief Secretary. (Added 22 of 1988 s. 2)

(4) References in this Ordinance to a person having a substantial connec-
tion with a functional constituency include---

(a)in relation to a body which comprises or forms part of that con-
stituency, references to any person who is a member, partner, director,
officer or is concerned in the management (or any part of the
management) of such body or of a body which is an elector in that
constituency;

(b)in relation to a class of persons which comprises or forms part of that
constituency, references to any person who belongs to that class.





PART II

ELECTORAL COLLEGE AND FUNCTIONAL
CONSTITUENCIES AND
GENERAL PROVISIONS AS TO THE ELECTION OF MEMBERS

Election of elected Members of Legislative Council

3. (1) An election to elect all the elected Members of the Legislative Council
shall be held

(a) in 1985; and

(b)in each succeeding third year after an election is held under this section.

(2) An election shall be held under this section within 90 days after a
dissolution of the Legislative Council.

(3) The date for holding an election under this section shall be appointed by
the Governor by notice in the Gazette.

(4) The election of any person elected as an elected Member under this section
shall be published in accordance with regulations made under section 28.

Constituencies and number of seats

4. (1) For the purposes of this Ordinance, there shall be the following
constituencies

(a)the electoral college constituencies specified in the first column of the
First Schedule; and

(b)the functional constituencies specified in the first column of the Second
Schedule.

(2) The number of persons who may be elected as elected Members in each
constitutency shall be

(a)in an electoral college constituency, the number specified in respect of
that constituency in the third column of the First Schedule;

(b)in a functional constituency, the number specified in respect of that
constituency in the fourth column of the Second Schedule.

Tenure of office

5. (1) Subject to this Ordinance, an elected Member shall hold office-

(a)in the case of an elected Member elected in an election held under section
3, for the period commencing on the appointed date next after his election
and ending on the dissolution of the Legislative Council next after his
election;

(b) (Repealed 22 of 1988 s. 3)

(c)in any other case, for the period commencing on the date on which his
election is published in accordance with regulations made under section
28 and ending on the dissolution of the Legislative Council next after his
election,

and shall be eligible for re-election.





(2) Every elected Member shall vacate his office on a dissolution of the
Legislative Council.

(3) In subsection (1) 'appointed date' means such date as the Governor shall
appoint for the commencement of a session of the Legislative Council.

Acceptance of office

6. (1) An elected Member shall be treated as having accepted office as such
Member unless he gives notice in writing to the Governor of his non-acceptance of
office as such Member within 7 days after the date on which his election is
published in accordance with regulations made under section 28. (Replaced 22 of
1988 s. 4)

(2) Where an elected Member gives notice to the Governor in accordance with
subsection (1) notice to that effect shall be published in the Gazette and such
Member shall, in respect of such election, be disqualified from holding office as
from the date of publication. (Amended 22 of 1988 s. 4)

Resignation

7. (1) An elected Member may at any time resign by giving notice in writing
under his hand to the Governor.

(2) A notice of resignation given under subsection (1) shall take effect-

(a) on the date on which the notice is received by the Governor; or

(b) where a later date is specified in the notice, on such later date.

Non-attendance

8. If an elected Member fails throughout a period of 3 consecutive months in
the same session of the Legislative Council to attend any sitting thereof he shall,
unless the failure was due to some reason excused by the Governor, cease to hold
office as an elected Member.

Casual vacancies

9. The office of an elected Member shall become vacant where-

(a) he becomes disqualified from holding office under section 6(2);

(b) he resigns under section 7;

(c) he ceases to hold office under section 8;

(d)he becomes disqualified from holding office as an elected Member under
section 21;

(e)he is convicted on a date after his election of an ofrence referred to in
section 21(1)(g)(ii) or (iii);

he ceases to hold office under section 40;

(g) a declaration that he is disqualified is made under section 44;





(h)he ceases to be registered as an elector under the Electoral Provisions
Ordinance (Cap. 367);

(i)while an elected Member, he is elected as an elected Member in an
election held under section 11;

(j) he dies; or

(k) he becomes disqualified or ceases to hold office for any other reason.

Declaration of casual vacancy

10. Where the office of an elected Member becomes vacant under section 9,
the Governor shall, by notice published in the Gazette within 21 days after the
vacancy has come to his knowledge, declare that a vacancy exists in the Legislative
Council.

Election to fill casual vacancy

11. Where the Governor makes a declaration under section 10 in respect of any
constituency, an election to fill the vacancy shall be held in that constituency, and
the result thereof published, in accordance with regulations made under section 28.

PART III

ELECTORAL FRANCHISE AND ELIGIBILITY TO
REGISTER

Entitlement to vote

12. (1) Subject to this Ordinance, a person shall be entitled to vote at an
election in an electoral college constituency if, and shall not be so entitled unless,
that person is registered as an elector in that constituency.

(2) Subject to this Ordinance, a person shall be entitled to vote at an election in
a functional constituency if, and shall not be so entitled unless, that person is
registered as an elector in that constituency.

Qualification for registration as an elector

13. (1) Subject to this Ordinance, a person shall be entitled to be registered as
an elector in a constituency if, and shall not be so entitled unless

(a)in the case of an electoral college constituency, that person is a person
specified opposite that constituency in the second column of the First
Schedule and is not disqualified under section 15; or

(b)in the case of a functional constituency and subject to subsection (2),
that person is a person specified opposite that constituency in the third
column of the Second Schedule and is not disqualified under section 1.5.

(2) No individual shall be entitled to be registered as an elector in a functional
constituency unless he is registered as an elector under the Electoral Provisions
Ordinance.





(3) For the purpose of enabling individuals to vote in an election held under
section 3 in 1988 subsection (2) shall have effect in relation to such election as if for
'is registered' there were substituted 'is registered or entitled to be registered'.
(Amended 22 of 1988 s. 5)

Restriction on registration

14. (1) A person entitled to be registered in more than one electoral college
constituency may be registered in one such constituency only, of that person's
choice.

(2) A person entitled to be registered in more than one functional constituency
may be registered in one such constituency only, of that person's choice.

Disqualification from voting or being registered

15. (1) A person registered as an elector shall be disqualified from voting at an
election, if that person

(a)in the case of an electoral college constituency, has ceased to be an
eligible person by reason of that person having ceased to be a person
specified in the second column of the First Schedule; or

(b)in the case of a functional constituency, has ceased to be an eligible
person by reason of that person having ceased to be a person specified in
the third column of the Second Schedule.

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

(a)he has in Hong Kong or any other place 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 authority have been
substituted therefor or received a free pardon;

(b)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;

(c) he 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)without prejudice to paragraph (a), where the election is to be held or is
held within 7 years from the date of his conviction he has beer! 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 providing for the punishment of
corrupt or illegal practices;





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

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

(3) An individual shall not be disqualified from voting at an election by reason
only that he is lawfully employed for payment by or on behalf of a candidate at
such election.

PART IV

REGisTRATioN OF ELECTORS

Registration officer and staff

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

(2) Notice of the appointment of a person as registration officer and his
address shall be published in the Gazette.

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

Coming into force of register

17. (1) 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 in respect of
the same constituency.

(2) The registration officer may rectify any clerical or printing error or any
incorrect name, addressor other personal particulars appearing in any register.

Revising officer

18. (1) 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
the revising officer.

(2) In the absence of an appointment under subsection (1), the Registrar shall
perform the functions of the revising officer under and in accordance with this
Ordinance.

(3) While the 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) and any decision of the revising officer on any appeal under
this Ordinance shall be final.

Power to make regulations in respect of Parts III and IV

19. The Governor in Council may by regulations provide for-

(a) the registration of electors;





(b)the form, compilation, revision and correction, and the manner of
publication, of a provisional register and a final register in respect of every
constituency;

(c) the ascertainment of the qualifications of electors;

(d) the functions of a revising officer;

(e)appeals to a revising officer from decisions of the registration officer;
generally, the carrying into effect of Part III and this Part.

PART V

QUALIFICATION FOR CANDIDATURE AND ELECTION OF
MEMBERS AND
MATTERS CONNECTED THEREWITH

Qualification for nomination as a candidate

20. (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 in an election if

(a)in the case of an electoral college constituency, he is entitled to be and is
registered as an elector under the Electoral Provisions Ordinance (Cap.
367);

(b) in the case of a functional constituency-

(i) he shows to the satisfaction of the registration officer that he has a
substantial connection with that constituency; and

(ii) in relation to

(A)an election held under section 3 in 1988 he is registered or
entitled to be registered as an elector under the Electoral
Provisions Ordinance; (Amended 22 of 1988 s. 6)

(B)any other election, he is entitled to be and is registered as an
elector under that Ordinance.

(2) No person shall be qualified for nomination under subsection (1) as a
candidate in an election unless he has ordinarily resided in Hong Kong for the 10
years immediately preceding the date of his nomination.

(3) A person shall not be validly nominated under subsection (1) as a
candidate in an election unless he has lodged a deposit in such amount and in such
manner as may be prescribed by regulations made under section 28.

Disqualification for election or holding office

21. (1) A person shall be disqualified from being nominated as a candidate in
an election or holding office as an elected Member if

(a)in the case of a functional constituency, he has ceased to have a
substantial connection with that constituency;

(b)he holds any public office or any office of emolument in the gift or
disposal of a public body or any committee thereof or having held such
office has been dismissed therefrom;





(c)he has in Hong Kong or any other place 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;

(d) he has been convicted of treason;

(e)he 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;

(f)be is an undischarged bankrupt or, within the previous 5 years, he 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)without prejudice to paragraph (c), where the election is to be held or is
held within 10 years from the date of his conviction he has been
convicted

(i) of any offence in Hong Kong or any other place in respect of which
he has been 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 providing for the punishment of corrupt
or illegal practices;

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

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

(2) A person shall be disqualified-

(a)from 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 an elected Member if a decision is made under the
Mental Health Ordinance 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.

Prohibition on being nominated in more than one
constituency

22. No person shall be nominated in an election as a candidate in more than
one constituency.





PART VI

ELECTIONS

Returning officer and staff

23. (1) For the purposes of an election in any constituency, the Governor shall
appoint a returning officer for that constituency and such number of assistant
returning officers as he thinks fit.

(2) Notice of the appointment of a person as 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.

Supervision of elections

24. (1) A returning officer shall, subject to this Ordinance, supervise the
election for which he is appointed.

(2) An election shall not be held if it is countermanded in accordance with
regulations made under section 28.

Saying

25. (1) An election shall not be invalidated by non-compliance with the
provisions of any regulations made under this Ordinance or by mistake in the use of
any specified form if it appears to the Court 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 (including, in the case
of an individual, that person's identity card) or place named in any register,
nomination paper, ballot 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 understood

Presumption of validity of election

26. (1) An election, unless questioned by an election petition within the period
fixed by section 33 for the presentation of such election petition, shall be deemed to
be 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 supervising the election, if that person was then
in actual possession of, or acting in, the office responsible for supervising the
election.

Penalties concerning supervision of elections

27. (1) Any person appointed to be a returning officer or assistant returning
officer at an election who neglects or refuses to perform the functions of his office
in relation to that election commits an ofrence and is liable to a fine of $5,000.





(2) No prosecution for an offence under subsection (1) shall be instituted
without the consent of the Attorney General.

(3) A person shall not be liable to conviction under subsection (1) unless
the complaint or information is laid within 3 months from the date of the
commission of the offence.

Power to make regulations in respect of Part VI

28. The Governor in Council may by regulations provide for the general
supervision of and procedure at elections and, without prejudice to the
generality of the foregoing, such regulations may provide for-

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

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

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

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

(e) the designation of any polling station;
the supervision of every polling station and the regulation of the
ballot;

(g)the procedure for voting at an election in an electoral college con-
stituency;

(h) the procedure for voting at an election in a functional constituency;

(i) the counting of votes;

(j)the countermanding of any election on the ground of the death or
disqualification of a candidate;

(k)the determination, declaration and publication of the result of an
election;

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

(m) generally, the carrying into effect of this Part.

PART VII

ELECTION PETITIONS

Power to question election by petition

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

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

(b)that the election was a-voided by corrupt practices or by illegal
practices committed in respect of the election;





(c)that the person whose election is questioned was at time of the election
disqualified under section 21;

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

(2) No election may be questioned on any one or more of the grounds referred
to in subsection (1) except by an election petition.

(3) In subsection (1), the expressions 'bribery', 'personation', 'treating',
'undue influence', 'corrupt practices' and 'illegal practices' shall have the
respective meanings assigned to them by the Corrupt and Illegal Practices
Ordinance (Cap. 288).

Who may present election petition

30. An election petition may be presented either by 10 or more electors entitled
to vote at the election which is questioned, or by a person claiming to have been a
candidate in the election.

Who may he respondent

31. (1) Any person whose election is questioned by an election petition and
the returning officer in respect of that election may be made a respondent to the
petition.

(2) Two or more candidates in an election may be made respondents to the
same election petition and their cases may be tried at the same time, but for the
purposes of this Part, and in relation to any order for giving security for costs, the
petition shall be deemed to be a separate election petition against each respondent.

Jurisdiction of the Court in respect of election petition

32. (1) The Court shall have the same jurisdiction, powers and authority in
respect of an election petition and all proceedings thereon as it has in respect of an
ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be held in open court and, unless the
Chief Justice shall otherwise direct, before one judge.

(3) The Chief Justice may make rules providing for the effectual carrying out of
this Part and for the regulation of matters relating to the preparation. presentation,
service, trial and withdrawal of election petitions and costs in respect thereof
(including the giving of security for costs). and the practice and procedure
connected therewith.

Time within which election petition shall be presented

33. An election petition shall be presented within 2 months after the
publication by the returning officer of the result of the election in accordance with
regulations made under section 28.

Security for costs

.34. (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 the
petitioner to any witness who gives evidence in the proceedings on the
petitioner's behalf or to any respondent.

(2) Any security given under this section 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 this section no further proceedings shall be
taken on the election petition.

Determination of Court

35. (1) At the conclusion of the trial of an election petition the Court shall

(a)determine whether any decision of the returning officer as to the validity
of any nomination was correct, and whether the person whose election is
questioned, or any and which other person, was duly elected or whether
the election was void; and

(b)certify the determination of the Court in writing under the hand of the
judge and the seal of the Court, and the determination so certified shall be
final as to the matters at issue on the election petition.

(2) A copy of the certificate of the Court shall be transmitted to the Chief
Secretary.

(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 where in the opinion of the Court such report ought to be
submitted to the Governor.

Withdrawal of election petition; substitution of
new petitioner

36. (1) A petitioner shall not withdraw or abandon or cease to prosecute an
election petition without the leave of the Court.

(2) On the hearing of an application for leave under subsection (1) 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 petitioner, and the Court may if it thinks
fit substitute that person or, as the case may be, the Attorney General accordingly.

(3) Where 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 direct that the security given on behalf of the
original petitioner shall remain as security. for any costs incurred by the substituted
petitioner, and that to the extent of such sum as the Court may direct the original
petitioner (and that original petitioner's sureties, if any) shall be liable to pay the
costs of the substituted petitioner.

(4) Except in the case of the Attorney General, where the Court does not so
direct, security in the same amount as would be required to be given under section
34 in the case of an original petition shall be given in the same manner and form on
behalf of the substituted petitioner before such petitioner proceeds with the
substituted election petition, and within such time as the Court may direct.





(5) Subject to subsections (3) and (4), 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 the original petitioner and relevant to the
continued prosecution of the election petition.

(6) Where an election petition is withdrawn or abandoned or the petitioner
ceases to prosecute the election petition, the petitioner shall be liable to pay the
costs of the respondent.

(7) Where there are 2 or more petitioners, an application to withdraw or
abandon or cease to prosecute an election petition shall not be made except with
the consent of all the petitioners.

(8) Any person who contravenes subsection (1) or who fails to furnish a
substituted.petitioner with evidence as required by subsection (5) commits an
offence and is liable to a fine of $5,000, and in the case of an individual, to
imprisonment for 6 months.

Abatement of election petition

37. (1) An election petition shall, in the case of an election petition presented
by one or more individuals, be abated by the death of that petitioner or the death of
the survivor of those petitioners.

(2) The abatement of an election petition under subsection (1) shall not affect
the liability of the estate of the petitioner or the liability of any other person for the
payment of costs previously incurred.

(3) On the abatement of an election petition the Registrar shall cause a notice
thereof to be published in the Gazette, and within 14 days after the publication of
such notice, 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 that person accordingly.

(4) Security shall be given on behalf of a petitioner so substituted to the like
extent as in the case of an original election petition.

Withdrawal and substitution of respondent

38. (1) If before the trial of an election petition a respondent other than a
returning officer

(a)dies, resigns or otherwise ceases to hold the office to which the election
petition relates; or

(b)gives the Registrar notice that he does not intend to oppose the election
petition,

the Registrar shall cause notice thereof to be published in the Gazette, and within 14
days after the publication of such notice any person who might have been a
petitioner in respect of the election may apply to the Court to be substituted as a
respondent to oppose the election petition, and shall be substituted accordingly.





(2) A respondent who has given notice under subsection (1)(b) shall not be
allowed to appear or act as a party against the election petition in any proceedings
thercon.

Validation of acts done pending election petition

39. Where under section 35 the Court certifies a determination that a candidate
declared to have been elected in an election has not been duly elected, acts done by
him in the execution of his office as an elected Member before the time when the
certificate is received by the Chief Secretary shall not be invalidated by reason of
that determination.

Vacancy where candidate not duly elected or election void

40. Where the Court determines on an election petition that any person
declared to have been elected in the election has not been duly elected and no
other person was duly elected, or that the election was void, such firstmentioned
person shall cease to hold office as an elected Member.

PART VIII

MISCELLANEOUS
PROVISIONS

Secrecy of vote

41. No person who has voted at an election shall be required to state for whom
he voted.

Governor may give directions

42. (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 of his 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).

(3) This section shall not apply to any person acting in a judicial capacity.

Forms

43. 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.

Proceedings against persons on grounds of disqualification

44. (1) Proceedings may be instituted in the Court against any person acting as
an elected Member or claiming to be entitled so to act on the ground that he is
disqualified within the meaning of subsection (8) from acting in that





office but no proceedings shall be instituted under this section against any such
person after the expiration of 6 months from the date on which he so acted or
claimed to be entitled so to act.

(2) Where in proceedings instituted under this section it is proved that the
defendant has acted as an elected Member and is disqualified within the
meaning of subsection (8) from acting in that office, the Court may-

(a) make a declaration to that effect;
(b) grant an injunction restraining the defendant from so acting; and

(c)order that the defendant shall pay 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) Where in proceedings instituted under this section it is proved that the
defendant has claimed to be entitled to act as an elected Member and is
disqualified within the meaning of subsection (8) from acting in that office, the
Court may-

(a) make a declaration to that effect; and

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

(4) No proceedings shall be instituted under this section by any person
other than an elector or the Attorney General.

(5) Where proceedings are instituted under this section by a person other
than the Attorney General such proceedings shall be stayed until such person
shall give security for all costs, charges and expenses which may become payable
by such person to any witness giving evidence in the proceedings on that
person's behalf or to a defendant.

(6) Any security given under this section 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 from acting as an
elected Member, so acted or claimed to be entitled so to act.

(8) For the purposes of this section, a person is disqualified from acting as
an elected Member if-

(a)he is not qualified to be, or is disqualified from being, such elected
Member; or

(b) he has ceased to hold office as such elected Member.

Time limit for laying complaint or information

45. 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.

Amendment of Schedules

46. The Governor in Council may, by order published in the Gazette,
amend the First and Second Schedules.





FIRST SCHEDULE [ss. 4, 5, 13, 15 &
46]

ELECTORAL COLLEGE CONSTITUENCIES

First column Second column Third column
Number of
Constituencies Electors elected
Members

SPECIAL CONSTITUENCIES

1. Urban Council electoral college Appointed, elected and representative 1
constituency. members of the Urban Council.
(Amended 84 of 1988 s. 16)
2. Regional Council electoral college (a)
Appointed, elected and
constituency. representative members of the
Regional Council. (Amended 39
of 1985 s. 60)
(b) Chairman and 2 Vice-Chairmen of
the Heung Yee Kuk.

DISTRICT BOARD CONSTITUENCIES

3. Hong Kong Island (East) electoral (a) Appointed and elected members of 1
college constituency. Eastern District Board (other than

members who are members of the
Urban Council or the Regional
Council).
(b) Appointed and elected members of
Wanchai District Board (other
than members who are members
of the Urban Council or the
Regional Council).

4. Hong Kong Island (West)(a) Appointed and elected members of 1
electoral college constituency. Central and Western District

Board (other than members who
are members ofthe Urban Council
or the Regional Council).
(b) Appointed and elected members of
Southern District Board (other
than members who are members
of the Urban Council or the
Regional Council).

5. Kwun Tong electoral college
Appointed and elected members of 1
constituency. Kwun Tong District Board (other than
members who are members of the
Urban Council or the Regional
Council).
6. Wong Tai Sin electoral college
Appointed and elected members of the 1
constituency. Wong Tai Sin District Board (other
than members who are members of the
Urban Council or the Regional
Council).
7. Kowloon City electoral college
Appointed and elected members ofthe 1
constituency. Kowloon City District Board (other
than members who are members of the






Urban Council or the Regional
Council).
8. Sham Shui Po electoral college
Appointed and elected members of the 1
constituency. Sham Shui Po District Board (other
than members who are members of the
Urban Council or the Regional
Council).





First column Second column Third column
Number of
Constituencies Electors elected
Members

9. South Kowloon electoral college (a) Appointed and elected members of 1

constituency. Mong Kok District Board (other
than members who are members
of the Urban Council or the
Regional Council).
(b)Appointed and elected members of
Yau Tsim District Board (other
than members who are members
of the Urban Council or the
Regional Council). (Amended
L.N. 115/88)

10. New Territories (East) electoral (a) Appointed and elected members of 1

college constituency. North District Board (other than
members who are members of the
Urban Council or the Regional
Council).
(b)Appointed and elected members of
Tai Po District Board (other than
members who are members of the
Urban Council or the Regional
Council).
(e)Appointed and elected members of
Sha Tin District Board (other than
members who are members of the
Urban Council or the Regional
Council).
(d)Chairman of each Rural
Committee within North, Tai Po
and Sha Tin Districts (other than
a Chairman who is a member of
the Urban Council or the Regional
Council).

11. New Territories (West) electoral (a) Appointed and elected members of 1

college constituency. Yuen Long District Board (other
than members who are members of
the Urban Council or the Regional
Council).
(b)Appointed and elected members of
Tuen Mun District Board (other
than members who are members of
the Urban Council or the Regional
Council).
(e)Chairman of each Rural Committee
within Yuen Long and Tuen Mun
Districts (other than a Chairman
who is a member of the Urban
Council or the Regional Council).

,12. New Territories (South) electoral (a) Appointed and elected members of

college constituency. Tsuen Wan District Board (other
than members who are members of
the Urban Council or the Regional
Council).
(b)Appointed and elected members of






Kwai Tsing District Board (other
than members who are members of
the Urban Council or the Regional
Council). (AmendedL.N. 115/88)





First column Second column Third column
Number of
Constituencies Electors elected
Members
(c) Appointed and elected members of
Islands District Board (other than
members who are members of the
Urban Council or the Regional
Council).
(d) Appointed and elected members of
Sai Kung District Board (other than
members who are members of the
Urban Council or the Regional
Council).
(e) Chairman of each Rural Committee
within Tsuen Wan, Kwai Tsing,
Islands and Sai Kung Districts
(other than a Chairman who is a
member of the Urban Council or
the Regional Council). (Amended
L.N. 115/88)

(First Schedule amended 39 of 1985 s.
60)

SECOND SCHEDULE [ss. 2, 4, 13, 15 &
46]

FUNCTIONAL CONSTITUENCIES

First column Second column Third column Fourth column
Number of
Electoral Electors elected
Constituencies divisions Members
1.Commercial (a) First Members ofthe Hong Kong General 1
functional CommercialChamber of Commerce (other than
constituency. electoral members who are members of the
division.Hong Kong Association of Banks)
entitled to vote at general meetings of
the Chamber.
(b) Second Members ofthe Chinese General
CommercialChamber of Commerce (other than
electoralmembers who are members ofthe
division.Hong Kong Association of Banks)
entitled to vote at general meetings of
the Chamber.

2. Industrial (a) First Members ofthe Federation of Hong 1
functional Industrial Kong Industries (other than members
constituency. electoral who are members of the Hong Kong
division. Association of Banks) entitled to vote
at general meetings ofthe Federation.
(b) Second Members ofthe Chinese 1
Industrial Manufacturers Association of Hong
electoral Kong (other than members who are
division. members ofthe Hong Kong
Association of Banks) entitled to
vote at general meetings of the
Association.
3. Financial and (a) Finance Members ofthe Hong Kong
Accountancy electoral Association of Banks entitled to
functional division. vote at general meetings of the
constituency. Association.
(Replaced (b) Accountany Professional accountants registered 1
L.N. 115/88) electoral under the Professional Accountants






division. Ordinance (Cap. 50).





First column Second column Third column Fourth column
Electoral Number of
Constituencies Electors elected
divisions Members
4.Labour - Trade unions registered under the 2
functional Trade Unions Ordinance (Cap. 332)
constituency. of which all the voting members are
employees.
5.Social Members of the Hong Kong Council 1
Services of Social Service entitled to vote at
functional general meetings of the Council.
constituency.
6.Medical and (a) Medical(i) Medical practitioners registered 1
Health Care electoral or deemed to be registered under
functional division. the Medical Registration
constituency. Ordinance (Cap. 161).
(Replaced (ii) Dentists registered, deemed to be
L.N. 115188) registered or exempt from

registration under the
Dentists Registration
Ordinance (Cap. 156).

(b) Health Care (i) Nurses registered or enrolled or 1
electoral deemed to be registered or
division. enrolled under the Nurses
Registration Ordinance
(Cap. 164).
(ii) Midwives registered or deemed
to be registered under the
Midwives Registration
Ordinance (Cap. 162),
(iii) Pharmacists registered under the
Pharmacy and Poisons
Ordinance (Cap. 138).
(iv) Medical laboratory scientific
officers, medical laboratory
technologists or medical
laboratory technicians specified
in item 1 of the Schedule to the
Supplementary Medical
Professions Ordinance
(Cap. 359) being individuals who
are-
(A) members of the United
Kingdom Institute of
Medical Laboratory
Sciences, Hong Kong
Branch, entitled to vote at
general meetings of the
Branch;
(B) members of the Hong Kong
Medical Technology
Association entitled to vote
at general meetings of the
Association;
(C) members (other than
affiliated members) of the
Hong Kong University
Medical Laboratory Science
Graduates' Association
entitled to vote at general
meetings of the Association;
(D) members of the Hong Kong
Polytechnic Medical






Laboratory Science
Graduates' Association
entitled to vote at general
meetings of the Association.





First column Second column Third column Fourth column
Electoral Number of
Constituenciesdivisions Electors elected
Members
(v) Radiographers specified in item 2
of the Schedule to the
Supplementary Medical
Professions Ordinance
(Cap. 359) being individuals who
are members of The Hong Kong
Radiological Technicians'
Association entitled to vote at
general meetings of the
Association.
(vi) Physiotherapists specified in item
3 of the Schedule to the
Supplementary Medical
Professions Ordinance being
individuals who are members of
the Hong Kong Physiotherapy
Association entitled to vote at
general meetings of the
Association.
(vii) Occupational therapists specified
in item 4 of the Schedule to the
Supplementary Medical
Professions Ordinance being
individuals who are members of
the Hong Kong Association of
Occupational Therapists entitled
to vote at general meetings of the
Association.
(viii) Optometrists specified in item 5
of the Schedule to the
Supplementary Medical
Professions Ordinance
being individuals who are
(A) members of The Hong
Kong Society of
Professional Optometrists
Limited entitled to vote at
general meetings of the
Society;
(B) members of the Asian
Optometrist Association,
Limited entitled to vote at
general meetings of the
Association;
(C) members of
The Hong Kong Optometric
Association, Limited
entitled to vote at general
meetings of the Association;
(D) members of the Hong Kong
Contact Lens Research
Association Limited entitled
to vote at general meetings
of the Association;
(E) members (other than
honorary or student
members) of the Society of
Opticians Limited entitled
to vote at general meetings
of the Society;





First columnSecond column Third column Fourth column
Electoral Number of
Constituencies divisions Electors elected
Members
(F) members of The Society of
Hong Kong Optical and
Optometric Services Limited
entitled to vote at general
meetings of the Society.
(ix) Dental hygienists enrolled under
the Ancillary Dental Workers
(Dental Hygienists) Regulations
(Cap. 156, sub. leg.).

7. Teaching (a) Registered and permitted
functional teachers (other than permitted
constituency. teachers not engaged in full-time
employment as permitted
teachers) of schools registered
under the Education Ordinance
(Cap. 279).
(b) Teachers and principals of
schools entirely maintained and
controlled by the Government.
(c) Persons whose principal or only
employment is that of full-time
teaching in-
(i) institutions of higher
education funded through the
University and Polytechnic
Grants Committee;
(ii) approved post-secondary
colleges registered under the Post
Secondary Colleges Ordinance
(Cap. 320);
(iii) colleges of education;
(iv) the Institute of Language
in Education;
(y) technical institutes and
industrial training centres
established under the Vocational
Training Council Ordinance
(Cap. 1130);
(vi) (A) industrial training
centres established under
the Industrial Training
(Construction Industry)
Ordinance (Cap. 317);
(B) industrial training
centres established under
the Industrial Training
(Clothing Industry)
Ordinance (Cap. 318).

8. Legal (a) Members of the Law Society of 1
functional Hong Kong entitled to vote at
constituency, general meetings of the Society.
- (b) Members of the Hong Kong Bar
Association entitled to vote at
general meetings of the
Association.
- (c) Persons employed as legal
officers in the Legal Department,
the Legal Aid Department and
the Registrar General's






Department of the Government.





First column Second column Third column Fourth column
Number of
Electoral Electors elected
Constituencies divisions Members
9. Engineering, - (a)Members of the Hong Kong 1
Architectural, Institution of Engineers entitled
Surveying and to vote at general meetings of the
Planning Institution.
functional - (b)Members of the Hong Kong
constituency. Institute of Architects entitled to
vote at general meetings of the
Institute.
- (e)Members of the Hong Kong
Institute of Surveyors entitled to
vote at general meetings of the
Institute.
- (d)Members of the Hong Kong
Institute of Planners entitled to
vote at general meetings of the
Institute.
[ss. 4, 5, 13, 15 & 46] [ss. 2, 4, 13, 15 & 46]

[ss. 4, 5, 13, 15 & 46] [ss. 2, 4, 13, 15 & 46]

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