REGIONAL COUNCIL ORDINANCE
Title
REGIONAL COUNCIL ORDINANCE
Description
LAWS OF HONG KONG
REGIONAL COUNCIL ORDINANCE
CHAPTER 385
CHAPTER 385
REGIONAL COUNCIL ORDINANCE
ARRANGEMENT OF SECTIONS
Section ..................................Page
PART I
PRELIMINARY
1. Short title................................ ... ... ... ... ... ... 4
2. Interpretation.......................... ... ... ... ... ... ... ... 4
PART II
ESTABLISHMENT INCORPORATION AND
CONSTITUTION
3. Establishment........................... ... ... ... ... ... ... ... ... 5
4. Seal ........................... ... ... ... ... ... ... ... ... ... ... 5
5. Certain contracts and instruments not required to be under seal ... ... ... 5
6. Regional Council ....................... ... ... ... ... ... ... ... ... 5
7. Tenure of office of elected members .... ... ... ... ... ... ... ... ... 6
8. Election and tenure of representative members ... ... ... ... ... ... ... 6
9. Appointment and tenure of office of appointed members ... ... ... ... ... 7
10.......Saving ........................... ... ... ... ... ... ... ... ... ... 7
PART III
GENERAL PROVISIONS AS TO MEMBERS OF THE REGIONAL
COUNCIL
11....................Disqualification from appointment ... ... ... ... ... ... ... ... ... 7
12..................Qualifications for appointment ... ... ... ... ... ... ... ... ... ... 8
13..................Eligibility for reappointment ... ... ... ... ... ... ... ... ... ... 8
14..................................Acts and proceedings not invalid due to lack of qualification, etc . ... ... ... 8
15..............Acceptance of office .......... ... ... ... ... ... ... ... ... ... ... 8
16................Resignation of a member .... ... ... ... ... . ... ... ... ... ... 9
17....................Temporary substitution of members ... ... ... ... ... ... ... ... ... 9
Non-attendance ........................... ... ... ... ... ... ... ... 9
19.......................Disqualification of ex officio members ... ... ... ... ... ... ... ... 9
20. Publication of notice of vacancy 9
21. Members interests in contracts ... ... ... ... ... ... ... ... ... ... ... 10
PARTIV
CHAIRMAN
22. Regional Council to elect Chairman and Vice-Chairman ... ... ... ... ... 12
23. Duties of Chairman and Vice-Chairman 12
24. Resignation etc. of Chairman ... ... ... ... ... ... ... ... ... ... ... 12
PART V
FUNCTIONS OF THE REGIONAL
COUNCIL
25. Functions of the Regional Council ... ... ... ... ... ... ... ... ... ... 13
26. Powers of the Regional Council ... ... ... ... ... ... ... ... ... --- ... 13
27. Director of Regional Services ... ... ... ... ... ... ... ... ... ... ... 14
28. Regional Services Department ... ... ... ... ... ... ... ... ... ... ... 14
29. Secretary, Deputy Secretaries and Assistant Secretaries ... ... ... ... ... ... 15
Section Page
PART VI
PROCEEDINGS OF THE REGIONAL
COUNCIL
30. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15
31. Standing orders ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15
32. Meetings of the Regional Council ... ... ... ... ... --- ... ... ... ... 15
33. Minutes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15
34. Acts of the Regional Council ... ... ... ... ... ... ... ... ... ... ... 16
35. Quorum ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16
36. Validity of acts ofthe Regional Council ... ... ... ... ... ... ... ... ... 16
37. Appointment of committees and sub-committees ... ... ... ... ... ... ... 16
38. Delegation of powers ... ... ... ... ... ... ... ... ... ... ... ... ... 16
PART VII
FINANCIAL
PROVISIONS
39. Accounts ofthe Regional Council ... ... ... ... ... ... ... ... ... ... 17
40. Annual accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
41. Estimates ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18
42. Regional Council may revise estimates and list of works... ... ... ... 19
43. Audit ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19
44. Fees ... ... ... ... ... ... ... ... ... ... ... ... --- ... ... ... ... 20
45. Fees for official signatures etc . ... ... ... ... ... ... ... ... ... ... ... 20
46. Reduction etc. of fees and charges ... ... ... ... ... ... ... ... ... ... 21
47. Power to borrow ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
48. Investment of surplus funds ... ... ... ... ... ... ... ... ... ... ... ... 21
49. Exemption from taxation ... ... ... ... ... ... ... ... ... ... ... ... 21
PART VIII
MISCELLANEOUS
PROVISIONS
50. Directions by the Governor ... ... ... ... ... ... ... ... ... ... ... ... 22
51. Vesting of management and control ofproperty in the Regional Council ... ... 22
52. Communications between the Regional Council and the Governor ... .. ... 22
53. Annual report ... ... ... ... ... ... ... ... ... ... ... ... ... ... 22
54. Financial statements and report to be laid before Legislative Council ... ... ... 22
55. Enforcement of orders ... ... ... ... ... ... ... ... ... ... ... ... ... 23
56. Protection of members ... ... ... ... ... ... ... ... ... ... ... ... ... 23
57. Proceedings against members on grounds of disqualification ... ... ... ... ... 23
58. Settlement of disputes ... ... ... ... ... ... ... ... ... ... ... ... ... 24
59. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 24
60. Consequential amendments ... ... ... ... ... ... ... ... ... ... ... ... 24
61. [Had its effect] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 24
PART IX
FIRST REPRESENTATIVE
MEMBERS
62. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 24
63. District Board may elect first representative member ... ... ... ... ... ... 25
64. Voting procedure ... ... ... ... ... .. . ... ... ... ... ... ... 25
65. First representative member where no election held under section 63 ... ... ... 26
66. Tenure and acceptance of office of first representative member ... ... ... ... 26
Section Page
PART X
TRANSITIONAL ARRANGEMENTS FOR THE FIRST MEETING OF THE REGIONAL COUNCIL
67. Election of first Chairman and Vice-Chairman ... ... ... ... ... ... ... ... 26
First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 27
Second Schedule ... ... ... ... ... ... ... ... . ... ... ... ... ... ... 28
Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 28
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 29
CHAPTER 385
REGIONAL COUNCIL
To provide for the establishment and incorporation of the Regional
Council, its constitution, functions and matters incidental
thereto and to make consequential amendments.
[The Ordinance, other than Part IX: 1 April 1986.
Part IX 1 March 1986.]
PART I
PRELIMINARY
1. This Ordinance may be cited as the Regional Council
Ordinance.
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 Regional Council in
accordance with section 9;
,,auxiliary force' means any of the auxiliary forces -as defined in
section 2 of the Auxiliary Forces Pay and Allowances Ordinance;
'Chairman' means any person elected to be Chairman of the Regional
Council under section 22;
'committee' means a committee of the Regional Council appointed
under section 37(1);
'District Board' means a District Board established under section 5 of
the District Boards Ordinance;
'elected member' means a person who has been elected to act as an
elected member under section 7;
'ex officio membe?' means a person referred to in section 6(d);
'Heung Yee Kuk' means the Heung Yee Kuk established under the
Heung Yee Kuk Ordinance;
'member' means an elected member, a representative member, an
appointed member or an ex officio member;
'ordinary election' has the meaning assigned to it in the Electoral
Provisions Ordinance;
'Regional Council' means the Regional Council established under
section 3;
'Regional Council area' has the meaning assigned to it in the District
Boards Ordinance;
'representative member' means a person who has been elected to act
as a representative member of the Regional Council under section
8;
'Secretary' means any person appointed by the Governor to be
Secretary of the Regional Council under section 29, or any Deputy
Secretary or Assistant Secretary so appointed;
'sub-committee' means a sub-committee of the Regional Council
appointed under section 37(3);
'Urban Council area' has the meaning assigned to it in the District
Boards Ordinance;
'Vice-Chairman' means any person elected to be Vice-Chairman of the
Regional Council under section 22.
(2) In an election under this Ordinance no person shall have a
casting vote in addition to a deliberative vote.
PART II
ESTABLISHMENT INCORPORATION AND
CONSTITUTION
3. (1) There is hereby established a body corporate with perpetual
succession to be known as the Regional Council which in that name or
its name under subsection (2) may sue and be sued.
(2) The name of the Regional Council in the Chinese language
shall be '. (Amended, 8 of 1986, s. 2)
4. (1) The Regional Council shall have a common seal, and the
fixing of the seal shall
(a)be authorized or ratified by resolution of the Regional
Council; and
(b)be authenticated by the signatures of the Chairman and any
member of the Regional Council authorized by resolution of
the Regional 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 Regional Council shall be received in evidence and
shall, unless the contrary is proved, be deemed to be a document so
executed.
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 Regional Council
by any person generally or specially authorized by the Regional Council
for that purpose.
6. The Regional Council shall consist of-
(a) 12 elected members elected in accordance with section 7;
(b)9 representative members elected in accordance with section
8;
(c) 12 members appointed under section 9; and
(d)the Chairman and 2 Vice-Chairmen of the Heung Yee Kuk who
shall be ex officio members.
7. The elected members shall be elected in accordance with the
provisions of the Electoral Provisions Ordinance and shall, subject to
this Ordinance, hold office
(ain the case of a member elected at an ordinary election for the
Regional Council, for 3 years from 1 April next following the
notification in the Gazette of his election;
(15)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 20, from the date of the notification in the Gazette of
his election until the date when the period of office of the
elected member whom he succeeded would otherwise have
expired.
8. (1) For the purposes of section 6(b)-
(a) each District Board in the Regional Council area shall at a
meeting of that District Board elect 1 of its members to be a
representative memberof the Regional Council in accordance
with the voting procedure specified in the First Schedule and,
subject to this subsection, according to such procedure as
the District Board may determine by its standing orders;
(b)in any such election, a District Board in the Regional Council
area shall not elect more than 1 of its members to be a
representative member of the Regional Council;
(c)a person who is an appointed, an elected or an ex officio
member of the Regional Council shall not be qualified for
election as a representative member of the Regional Council;
(d)such elections shall be held not earlier than 1 April or later than
30 April of the year next following ordinary elections held
for District Boards; and
(e)the chairman of a District Board which has held an election
under paragraph (a) shall as soon as practicable give notice
in writing to the Governor of the result of that election.
(2) Notice of the election of any person under this section shall be
published in the Gazette.
(3) Where under section 20 the office of a representative member is
declared to be vacant, an election to fill the vacancy shall be held by
the District Board which elected the member not earlier than 1 month or
later than 2 months from the date of publication of the declaration.
(4) Subsection (1) other than paragraph (d) shall apply to an
election referred to in subsection (3).
(5) Subject to this Ordinance, a representative member shall hold
office
(a)in the case of a. representative member elected in an election
referred to in subsection (1), from 1 May in the
year of his election until 31 March of the next year in which an
ordinary election is held for District Boards; or
(b)in the case of a representative member elected in an election
referred to subsection (3), from the date of the notification in
the Gazette of his election until the date when the period of
office of the representative member whom he succeeded
would have expired.
(6) The Legislative Council may by resolution amend the First
Schedule.
9. (1) An appointed member shall be appointed by the
Governor by a notification in the Gazette.
(2) Subject to this Ordinance, each appointed member shall hold
office for such period as the Governor may determine.
10. Nothing in this Ordinance shall prevent a person from being at
the same time a member of a District Board in the Regional Council area
and a member of the Regional Council.
PART III
GENERAL PROVISIONS AS TO MEMBERS OF THE REGIONAL
COUNCIL
11. (1) A person shall be disqualified from being appointed or
holding office as an appointed member if he
(a)holds any public office (other than as a member of an auxiliary
force) or any office of emolument in the gift or disposal of the
Regional 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;
(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;
(g)is the subject of a decision under the Mental Health Ordinance
that he is of unsound mind and incapable of managing himself
and his affairs;
(h)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
(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 or illegal practice within the meaning of the
Corrupt and Illegal Practices Ordinance, 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) of any ofrence under the Prevention of Bribery
Ordinance.
(2) Nothing in subsection (1)(g) shall prevent the appointment as
an appointed member of a person disqualified under subsection (1)(g) if
under the Mental Health Ordinance it is subsequently found that his
unsoundness of mind has ceased.
12. Any person, unless disqualified by virtue of this Ordinance or
any other enactment, shall be qualified for appointment as an appointed
member if he
(a)is entitled to be and is registered as an elector under the
Electoral Provisions Ordinance; and
(b)has ordinarily resided in Hong Kong for the 10 years
immediately preceding the date of his appointment.
13. A person ceasing to be an appointed member shall, unless he
is not qualified or is disqualified, be eligible to be again appointed as
such member.
14. 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.
15. (1) A member other than an ex officio member shall not,
unless he has made a declaration of acceptance of office in the form
prescribed in the Second Schedule an the declaration has been
delivered to the Secretary within 30 days after he publication in the
Gazette of the notification of his election or appointment, act as a
member.
(2) If such declaration is not made and delivered to the Secretary
within 30 days after the publication in the Gazette of the notification of
such election or appointment the election or appointment of the said
person shall thereupon be null and void.
(3) The declaration shall be made within Hong Kong before a
justice of the peace, magistrate, or commissioner for oaths.
16. (1) A member other than an ex officio 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.
17. 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 as an appointed member he may give notice in
writing to that effect to the Governor and to the Secretary and the
Governor may thereupon appoint some other person to replace such
appointed member until he notifies the Governor in writing that he has
returned to Hong Kong or is able to act as the case may be.
18. If a member other than an ex officio member fails throughout a
period of 3 consecutive months to attend any meeting of the Regional
Council he shall, unless the failure was due to some reason approved
by the Regional Council, cease to hold office as a member of the
Regional Council.
19. An ex officio member who-
(a)is a member of any parliament, assembly or council, whether
central or local, of a place outside Hong Kong or a salaried
functionary of a government of such place; or
(b)fails throughout a period of 3 consecutive months to attend
any meeting of the Regional Council unless such failure was
due to some reason approved by the Regional
Council,
shall not be entitled to attend, take tdrt in ot-vote at any meeting of the
Regional Council.
20. When a member other than an ex officio member-
(a) who is an elected member-
(i) becomes disqualified by reason of section 19 of the
Electoral Provisions Ordinance;
(ii) ceases to hold office by reason of a determination by
the High Court, upon an election petition under the Electoral
Provisions Ordinance, that his election is void; or
(iii) ceases to hold office by reason of a declaration under
section 57;
(b)who is a representative member elected by a District Board,
ceases to hold office as a member of that District Board other
than by reason of the expiry of the term of such office;
(c)who is an appointed member, becomes disqualified by reason
of section 11;
(d)ceases to be registered or entitled to be registered as an
elector under the Electoral Provisions Ordinance;
(e) fails to complete and deliver to the Secretay a declaration of
acceptance of office in accordance with section 15.
(f) resigns in accordance with section 16;
(g) ceases to hold office by reason of section 18;
(h)is the subject of a decision under the Mental Health
Ordinance that he is of unsound mind and incapable of
managing himself and his affairs;
(i) dies; or
(j)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 22, the Secretary shall give
notice thereof in the Gazette.
21. (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 Regional Council or a committee, or sub-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
Regional 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.
(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.
(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 Regional
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 Regional Council may by standing orders provide for the
exclusion of a member from a meeting of the Regional Council
or any committee or sub-committee whilst any contract, proposed
contract or other matter in which he has an interest to which this
section applies is under consideration.
PART IV
CHAIRMAN
22. (1) A Chairman and a Vice-Chairnan shall be elected from
amongst the members in accordance dance with the voting procedure
specified in the First Schedule at the first meeting of the Regional
Council held following 31 March in any year in which elected members
are elected by ordinary election.
(2) The election of, a member as Chairman or as ViceChairman shall
not create a vacancy on the Regional Council and sijch member shall
hold office as Chairman or Vice-Chairman, as the case may be, only as
long as he is a member of the Regional Council.
(3) No person shall assume office as Chairman or ViceChairman
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.
(4) The Chairman and the Vice-Chairman shall hold office until 31
March of the year in which an ordinary election of elected members is
next held and shall be eligible for re-election for a second or
subsequent term of office.
(5) 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.
23. (1) Except as provided in section 22(5) the Chairman shall
preside at meetings of the Regional Council 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 Regional Council the members present shall appoint
from among themselves a temporary Chairman to preside at that
meeting.
24. (1) The Chairman or the Vice-Chairman may resign his office by
giving notice in writing under his hand to the Secretary and section
16(2) shall thereupon apply.
(2) 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 Regional Council thereafter and he shall hold
office until 31 March in the year in which an cidinary electiort of
elected members is next held.
Provided that no election ction for a new Chairman or
ViceChairman, as the case may be, shall be held in the month of April
next following ordinary elections held for District Boards.
C3) PART V
FUNCTIONS OF THE REGIONAL COUNCIL
25. The Regional Council shall-
(a)exercise such powers and perform such duties as are
conferred or imposed on it by this Ordinance;
(b)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; (Amended,
10 of 1986, s. 32(1))
(ba) exercise the powers and perform the duties conferred or
imposed on the collection authority by the Waste Disposal
Ordinance; (Added, 8 of 1986, s. 3)
(c)be the Board for the Regional Council area for thepurposes of
the Dutiable Commodities (Liquor) Regulations;
(d)be the licensing authority for the purposes of licensing places
of entertainment within the Regional Council area under the
Places of Public Entertainment Regulations;
(e)undertake such other functions within the Regional Council
area as the Governor may from time to time direct.
26. (1) The Regional Council may-
(a)establish and maintain places and facilities for recreation,
relaxation, the performance of sport 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;
(ba) provide recreational and cultural activities; (Added, 8 of 1986,
s. 4)
(c)acquire and hold property of any description if in the opinion
of the Regional Council such property is necessary
for the accommodation of the Regional Council or the
Regional Services Department or for the performance of any
purpose which the Regional Council is required or is permitted
by this or any other Ordinance to perfofm 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 Regional 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) notwithstanding section 28-
(i) enter into contracts; or
(ii) engage staff whether in a full or part time capacity;
(Amended, 8 of 1986, s. 4)
(ea) make such charges for the use of its facilities and services as
it considers are reasonable; (Added, 8 of 1986, s. 4)
(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 Regional 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
Regional 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 Regional Council area or
elsewhere.
(3) The powers referred to in subsection (1)(a) shall be exercised
only in relation to the Regional Council area.
27. (1) The principal executive officer of the Regional Council shall
be the Director of Regional Services.
(2) The Director of Regional 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 Regional Council and report on the execution of its decisions and
may tender such advice as he thinks fit.
(3) The Director of Regional Services may attend any meeting of a
committee or sub-committee.
(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. (Amended, 8 of 1986, s. 5)
28. The Regional Council shall discharge its functions through the
Regional Services Department which shall, under the direction of the
Director of Regional Services, do all acts and things necessary for
implementing the decisions of the Regional Council or of any committee
or sub-committee to which or person to whom the
Regional Council may have delegated the exercise of any of its powers
under this or any other Ordinance.
29. (1) The Governor shall, after consultation with the Regional
Council, appoint a Secretary to the Regional Council.
(2) The Governor may appoint Deputy Secretaries and Assistant
Secretaries and such other staff as he may determine to assist the
Secretary.
PART VI
PROCEEDINGS OF THE REGIONAL COUNCIL
30. In this Part, except in sections 35(2), 37(1), (2) and (3) and 38,
'committee' includes any sub-committee.
31. The Regional 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 Regional Council may deem necessary.
32. (1) The Regional Council shall meet at such times as may be
laid down in standing orders and may adjourn from time to time.
(2) The Chairman may at any time summon a meeting of the
Regional Council.
(3) The Chairman shall, on a requisition signed by not less than 3
members of the Regional Council to that effect, summon a meeting of
the Council within 7 days of receiving such requisition.
(4) Notice of meeting shall be given by the Secretary to each
member of the Regional 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.
(5) Accidental omission to give notice under subsection (4) to any
member of the Regional Council shall not affect the validity of a
meeting.
(6) The meetings of the Regional Council and any committee shall
be held in public unless the Chairman or a chairman of such committee
otherwise orders in accordance with a decision of the Regional Council
or that committee.
33. (1) Minutes of the proceedings of the Regional Council shall be
kept and authenticated in accordance with standing orders.
(2) Until the contrary is proved, a meeting of the Regional Council
or of a committee, 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.
34. (1) All questions coming or arising before a meeting of the
Regional Council shall be decided by a majority of the members present
and voting thereon.
(2) Nothing in subsection (1) shall limit the discretion of the
Regional Council or any committee to determine any matter by
circulating papers, and any papers so circulated may assume the
agreement of the Regional Council or such committee to any matter
unless a member notifies his disagreement within such time as may be
specified in such papers.
35. (1) At any meeting of the Regional Council 9 members shall be
a quorum.
(2). The quorum for any committee of the Regional Council
appointed under section 37(1) shall be laid down in standing orders of
the Regional Council.
36. The proceedings of the Regional 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.
37. (1) The Regional Council may, for the better discharge of its
functions under this Ordinance, appoint committees which may include
persons who are not members of the Regional Council.
(2) The Regional Council shall appoint one of its members to be
chairman of any committee appointed under subsection (1).
(3) 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 Regional Council or of that
committee.
(4) The Regional Council may co-opt to any committee-
(a) the Director of Regional Services;
(b)with the consent of the Director of Regional Services, any
officer of the Regional Services Department;
(c)with the consent of the Chief Secretary, any other public
officer,
and any person so co-opted shall serve on such committee.
(5) Every person appointed to any committee who is not a member
of the Regional 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.
38. (1) Subject to subsection (4) the Regional Council ray by
resolution delegate any of its powers and functions to any member of
the Regional Council or to any committee of the Regional 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 Regional Council.
(2) Any committee of the Regional Council may by resolution
delegate to any member of such committee or to any sub-committee
established by it or to any member of any such sub-committee or to
any public officer such powers and functions (including powers to
enforce any of the provisions of any enactment conferring powers on
the Regional Council) as may have been delegated by the Regional
Council to such committee.
(3) In any case where a single member is exercising such
delegated powers under the provisions of subsection (1) or (2), if he
is not in agreement with a recommendation in writing of a public
officer he shall refer such recommendation to the Regional Council,
and the Regional Council shall decide whether the recommendation
be accepted, modified or rejected.
(4) No delegation under subsection (1) or (2) shall authorize
the exercise of any power-
(a)to approve the annual list of works or estimates of revenue
or expenditure of the Regional Council, or any revision
thereof made under section 42;
(b)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 42);
(c) to raise any loan under section 47(1);
(d)to authorize the annual report or statements of receipts and
payments and of assets and liabilities of the Regional Council;
(e) to make any by-law or regulation; or
to invest surplus funds of the Regional Council under
section 48 other than on deposit in any bank licensed under
the Banking Ordinance on fixed term or call deposit or in a
current or savings account.
(5) Nothing in paragraph (a) or (b) of subsection (4) shall
affect the authority of the Regional Council to delegate its powers in
by-laws made in accordance with section 39.
PART VII
FINANCIAL PROVISIONS
39. (1) The accounts of the Regional Council shall be pre-
pared in such form, and maintained in such manner as the Director
of Accounting Services may direct.
(2) Subject to subsections (1) and (3), the Regional Council
may make by-laws 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 powers of the Regional
Council to authorize expenditure may be delegated;
(b)the establishment of reserves for particular purposes and the
procedure to be adopted by the Regional 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
Regional Council.
(3) By-laws made under subsection (2) may contain delegations of
the powers mentioned in paragraphs (a) and (b) of section 38(4) but not
in excess of a delegation to any member of the Regional Council or to
any committee or to any member of any committee or to any sub-
committee or to any member of any sub-committee or any public officer
of the Regional Council's powers
(a)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;
(b)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);
(c)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,
but limited, where paragraph (a) applies, to an increase or reduction of
the amount of the estimated total cost of any capital work by not more
than 30 per cent of the amount originally provided, and, where
paragraph (b) 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 per cent of the amount originally provided for a
sub-head in any other case. (Amended, 8 of 1986, s. 6)
(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 by-laws to lay before the Regional Council
particulars of the exercise of the delegated powers.
40. As soon as may be convenient after the end of each financial
year the Regional 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 Regional Council on the last day thereof.
41. (1) Not later than 3 months before the end of each financial
year the Regional 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 Regional Council proposes to
undertake during the next financial year.
(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 Regional Council;
(b) payment of allowances to members to meet expenses incurred in connexiion with
the discharge of the office of a member of the Regional Council; and
(c)payment of a special allowance or honorarium to the Chairman
and Vice-Chairman.
(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.
(5) The estimates of revenue and expenditure for, and the list of
works which the Regional Council proposes to undertake during, the
financial year ending on 31 March 1987 shall be furnished to the
Governor as soon as practicable after the commencement of this
Ordinance.
42. (1) The Regional Council may from time to time revise the
estimates and list of works furnished by it under section 41(1).
(2) The Regional 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 41 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.
43. (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 Regional
Council for that financial year;
(b) the statement of the assets and liabilities of the Regional
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 Regional Council and to require such information and explanations
as he thinks fit.
(3) On receipt of the statements referred to in subsection (1), the
Director of Audit shall
(a) examine and audit the statements; and
(b)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 Regional 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.
(4) The Chairman shall send copies of the audited statements and
of the report of the Director of Audit to the Governor.
44. Where under any regulations made de by the Governor in
Council the Regional Council is constituted as the authority for the
purposes of such regulations and as such authority the Regional
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 Regional
Council.
45. (1) The Regional Council may make by-laws prescribing fees,
for the attendance of a public officer to the matters mentioned in
subsection (2), to be paid to the Regional Council in cases where
(a)by any enactment the Regional 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 Regional Council
to attend to it; and
(c)no fee therefor is otherwise payable to the Regional 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
instrument 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 Regional Council such
officer may issue a duplicate thereof.
46. (1) Without limiting any particular power of the Regional
Council in that behalf, any fee or charge payable to the Regional
Council under any enactment may be, in any particular case and on any
special ground
(a)reduced by the Regional 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
Regional Council rates payable under the Rating Ordinance.
47. (1) Subject to such terms and conditions as may be approved
by the Financial Secretary, the Regional Council may raise a loan or
loans, chargeable upon and payable out of the revenues and assets of
the Regional Council, of such sums of money as may be required for
any capital expenditure of the Regional Council or for the repayment of
any loan previously raised for any such purpose.
(2) The Regional 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
Regional Council by this or any other Ordinance..
48. All funds of the Regional Council that are not immediately
required shall be-
(a)deposited in any bank licensed under the Banking Ordinance
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.
49. The revenues of the Regional Council shall not be subject to
taxation
PART VIII
MISCELLANEOUS PROVISIONS
50. (1) The Governor may, after consultation with the Regional
Council, give the Regional Council directions of a general character as
to the discharge by the Regional Council of its functions in relation to
matters appearing to the Governor to affect the public interest, and the
Regional Council shall give effect to such directions.
(2) The Governor may, after consultation with the Regional
Council, give to the Regional Council specific directions for the
purpose of remedying any failure of the Regional Council to discharge
any obligation or to fulfil any function imposed upon the Regional
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 Regional Council.
51. (1) The Governor may by order vest in the Regional Council,
for the purposes stated in such order, the management and control of
any property which is vested in the Crown.
(2) The management and control of any property which is vested
in the Regional Council which ceases to be used for the purpose stated
in the vesting order shall revert to the Crown without payment of
compensation.
52. All communications from the Regional Council to the Governor
shall be signed by the Chairman or the Secretary and be delivered to
the Chief Secretary.
53. The Chairman shall, at the time of forwarding the statements
referred to in section 43(4), make to the Governor a report on the
activities of the Regional Council during that financial year.
54. 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 Regional Council
furnished under section 41(1);
(b)any revised estimates and list of works of the Regional
Council furnished under section 42(2);
(c)copies of the audited statements of accounts of and of the
report of the Director of Audit furnished under section 43(4);
and
(d)the Chairman's report on the activities of the Regional
Council furnished under section 53.
55. Failure to comply with any written order given under a
power delegated under section 38 and signed by the Secretary shall
be punishable in the same manner as if such order had been made by
the Regional Council.
56. No matter or thing done, by any member of the Regional
Council or of a committee or sub-committee, bona fide for the
purpose of carrying into effect the provisions of this Ordinance or of
any other enactment conferring powers on the Regional Council,
shall subject such member personally to any action, liability, claim
or demand whatsoever.
57. (1) Proceedings may be instituted in the High Court ('the
Court') against any person acting as an elected 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.
(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
(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) 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 reasons 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.
58. The Chairman may refer any dispute between the Regional
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.
59. The Regional Council shall not be regarded as a servant or
agent of the Crown or as enjoying any status, immunity or privilege of
the Crown.
60. (1) The Ordinances set out in the second column of the Fourth
Schedule and the provisions set out in the third column of the Fourth
Schedule are amended in the manner and to the extent set out opposite
thereto in the fourth column of the Fourth Schedule.
(2) For the purpose of extending to the Regional Council any right,
privilege, duty, function or power enjoyed or imposed upon the Urban
Council by or under any Ordinance the Governor may amend the
Fourth Schedule.
61. [Had its effect]
PART IX
FIRST REPRESENTATIVE
MEMBERS
62. In this Part-
'District Board' means a District Board established under section 5 of
the District Boards Ordinance;
'Regional Council' means the Regional Council referred to in section 3;
'Regional Council area' has the meaning assigned to it in the District
Boards Ordinance;
'representative member' means a person who has been elected to
act as a representative member of the Regional Council under
section 8.
63. (1) A District Board in the Regional Council area may at
a meeting of that District Board held not earlier than 1 March 1986
or later than 31 March 1986 elect 1 of its members to be the first
representative member of the Regional Council in accordance with
the voting procedure specified in section 64 and, subject to this Part,
according to such procedure as the District Board may determine by
its standing orders.
(2) In any election held under subsection (1) a District Board
in the Regional Council area shall not elect more than 1 of its
members to be a first representative member of the Regional
Council.
(3) The chairman of a District Board which holds an election
under subsection (1) shall as soon as practicable give notice in
writing to the Governor of the result of that election.
(4) Notice of the election of any person under this section shall
be published in the Gazette.
(5) In an election under this Part no person shall have a
casting vote in addition to a deliberative vote.
(6) Notwithstanding anything in this Ordinance, a person
elected under this section shall be deemed to be a first representative
member of the Regional Council.
64. (1) The election of a first representative member under
section 63(1) shall be conducted by means of 1 or more secret ballots
held-
(a)among those present and entitled to vote on the occasion
of such election; and
(b) in accordance with the following subsections.
(2) Subject to subsections (4) and (5) a candidate who receives
an absolute majority of votes shall be deemed to be elected.
(3) Where there are 2 candidates and each receives an equal
number of votes a further ballot shall be held.
(4) 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
be deemed to have retired;
b)if 2 or more candidates receive an equal number of votes
and such number is the least number of votes a further
ballot shall be held in respect of these candidates and the
candidate who receives the least number of votes shall be
deemed to have retired,
following which, in either case, a further ballot shall be held.
(5) If after a further ballot held under subsection (3) or (4) an
equal number of votes is again received by the same candidates, lots
shall be drawn and-
(a)the candidate on whom the lot falls shall be deemed to
have retired; and
(b)if one candidate remains, that candidate shall be deemed to
be elected, otherwise a further ballot shall be held.
65. Where a District Board does not hold an election under
section 63(1) the person who immediately before the commencement
of Parts I to VIII of this Ordinance was a member of the Provisional
Regional Council elected by that District Board under section 5(2)
of the Provisional Regional Council Ordinance shall be deemed to
be the first representative member for that District Board of the
Regional Council.
66. A first representative member elected under section 63 and
referred to in section 65 shall-
(a)subject to this Ordinance, hold office from 1 April 1986
until 31 March of the year in which the next ordinary
election is held for District Boards; and
(b)comply with section 15 (acceptance of office) as if 1 April
1986 were the date of publication in the Gazette of the
notification of his election to act as a representative member.
PART X
TRANSITIONAL ARRANGEMENTS FOR THE FIRST MEETING
OF THE REGIONAL COUNCIL
67. (1) Without prejudice to subsection (6), the members of
the Regional Council shall meet on 1 April 1986 for the purpose of
electing a Chairman and a Vice-Chairman.
(2) The Director of Regional Services shall make arrange-
ments for the holding of the meeting referred to in subsection (1)
and that meeting shall be conducted in accordance with those
arrangements.
(3) The election ofthe Chairman and Vice-Chairman shall be
in accordance with the voting procedure specified in the First
Schedule.
(4) Notwithstanding section 22(3) the persons elected under this
section to hold office as Chairman and Vice-Chairman may hold that
office upon delivery to the Director of Regional Services of a completed
declaration of acceptance of office in the appropriate form in the Third
Schedule.
(5) For the purposes of the transitional arrangements in this
section, section 15 shall apply to an elected or appointed member who
is a member on 1 April 1986 as if for 'Secretary' in that section there
were substituted 'Director of Regional Services'.
(6) Upon assuming office the Chairman may summon a meeting of
the Regional Council to be held on or before 30 April 1986 and,
notwithstanding section 32(4), shall give such notice of that meeting as
he considers appropriate.
(7) Section 32(5) shall apply to a notice given by the Chairman
under subsection (6) of this section as it applies to a notice given
under section 32(4).
(8) If the meeting referred to in subsection (1) does not take place
on 1 April 1986, the Governor, not later than 30 April 1986, may by
notice in the Gazette appoint another date, and this section shall apply
as if the date so appointed were substituted for '1 April 1986' wherever
it occurs except in this subsection.
(Part X added, 8 of 1986, s. 7)
FIRST SCHEDULE [ss, 8(1) & 22(1).]
Voting Procedure under section 8(1) and section 22(1)
1.The election of a representative member under section 8(1) or a Chairman or
Vice-Chairman under section 22(1) shall be conducted by means of 1 or more
secret ballots held
(a)among those present and entitled to vote on the occasion of such
election; and
(b) in accordance with the following paragraphs.
2,Subject to paragraphs 4 and 5 a candidate who receives an absolute majority of
votes shall be deemed to be elected.
3.Where there are 2 candidates and each receives an equal number of votes a
further ballot shall be held.
4.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 be deemed to
have retired;
(b)if 2 or more candidates receive an equal number of votes and such number
is the least number of votes a further ballot shall be held in respect of
those candidates and the candidate who receives the least number of votes
shall be deemed to have retired,
following which, in either case, a further ballot shall be held.
5.If after a further ballot held under paragraph (3) or (4) an equal number of
votes is again received by the same candidates, lots shall be drawn and
(a) the candidate on whom the lot falls shall be deemed to have retired; and
(b)if one candidate remains, that candidate shall be deemed to be elected,
otherwise a further ballot shall be held.
SECOND SCHEDULE [s. 15(1).]
REGIONAL COUNCIL ORDINANCE
(Chapter 385)
DECLARATION OF AWEPTANCE OF OFFICE
To the Secretary of the Regional Council.
I .
...................................................................
of ............................................................................ a
having been *elected/ appointed to the office of member of the Regional Council
hereby declare that I have satisfied myself that I am qualified and not disqualified
and
that I take the said office upon myself and will duly and faithfully fulfil the duties
thereof according to the best of my judgement 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.
THIRD SCHEDULE [s. 22(4).]
PART I
REGIONAL COUNCIL ORDINANCE
(Chapter 385)
DECLARATION OF ACCEPTANCE OF OFFICE
To the Secretary of the Regional Council,
. I
..........................................................................................................................
of
having been elected to the office of Chairman of the Regional 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
REGIONAL COUNCIL ORDINANCE
(Chapter 385)
DECLARATION OF ACCEPTANCE OF OFFICE
To the Secretary of the Regional Council.
I .
.........................................................................................................................
of
................................................................................................................................
having been duly elected to the office of Vice-Chairman of the Regional 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 . ---
Note: Delete whichever is inapplicable.
FOURTH SCHEDULE [s. 60.]
Item Ordinance Provision Amendment
1. Interpretation Section 3 (a) In the definition of 'public body'
and General insert after paragraph (ca) the
Clauses following-
Ordinance '(cb) the Regional Council;'.
(b)Insert after the definition of
'public seal' the following
definition
'Regional Council' means
the Regional Council
established by the
(Cap. 385.) , Regional Council Ordin-
ance;'.
Section 96 Insert after 'Council' the following
'or the Regional Council.
Section 97(5) Insert after 'Council' the following---
'or the Regional Council'.
2. Defamation Section 28 Insert after 'Council' the following---
Ordinance 'or to the Regional Council'.
3. Dutiable Section 2(1) (a) Insert after the definition of 'rail-
Commodities way' the following definition-
Ordinance 'Regional Council area' has
the meaning assigned to
(Cap. 366) it in the District Boards
Ordinance;'.
(b) Insert after the definition of
'transitcargo' the following
definition-
'Urban Council area' has
the meaning assigned to
(Cap. 366.) it in the District Boards
Ordinance;'.
Item Ordinance Provision Amendment
Section 6 (a)In subsection (1)(g), insert after
-Council- the following-
'or the Regional Council'.
(b) Insert after subsection (6) the
following-
', (7) Where by
regulations made under
subsection (1)(n) the
Regional Council is
appointed as a board
empowered to issue liquor
licences, the Regional
Council may, by notice
published in the Gazette,
specify the fees payable in
respect of such licences.
(8) Until the Regional
Council shall specify fees
payable in respect of liquor
licences under subsection (7),
the fees payable therefor
shall be as prescribed in the
Schedule to the Dutiable
Commodities Regulations.'.
4. Dutiable Schedule (a) Delete 'except New Kowloon'
Commodities wherever it appears.
Regulations (b) Delete 'New Territories'
wherever it appears and substitute
the following-
'Regional Council area'.
5. Duitable Regulation 2 Delete the definition of 'Board' and
Commodities substitute the following-
(Liquor) 'Board'-
Regulations (a) in relation to the Urban
Council area, means the
Urban Council;
(b) in relation to the
Regional Council area,
means the Regional
Council;'
Regulation 4 Delete and substitute the following-
'Regional 4. The Regional
CouncilCouncil may delegate its
may
delegate powers and functions
powers. under these regulations
to a committee of the
Regional Council.'.
Regulation 20 (a)In paragraph (1) delete 'in respect
of premises in any part of the
Colony other than the New
Territories, but including New
Kowloon'.
(b) Delete paragraph (2).
ScheduleIn Forms 1 and 4 delete '(or
LICENSING BOARD (New Territories)
6. Stamp Duty Section 39 Insert after payagraph (e) the
Ordinance following-
(ea) all instruments executed
by the Regional Council
for the purposes of the
(Cap. 385) Regional Council Ordin-
ance;'.
Item Ordinance Provision Amendment
7. Places of Public New Add after section 4A the following-
Entertainment 'Regional4B. (1) Any place
Ordinance Councilof public entertainment
premises.the management and
control of which is
vestedin the Regional
Council ' under the
(Cap. 132.)PublicHealth and
UrbanServices Ordin-
ance may, if the Building
Authority and the
Director of Fire Services
haveno objection, be
classified by the
Regional Council as
suitable for the presenta-
tion of entertainments of
a particular kind.
(2) Any premises
classified under
subsection (1) shall, for
the purposes of section
4, be deemed to be
licensed for the
entertainments so
classified.'.
New Add after section 7A the following-
'Regional7B. (1) Where by
Councilregulations made under
may :specify
fees.section 7 the Regional
Council is empowered to
issue any licence, the
Regional Council may,
by notice published in
the Gazette, specify the
fees payable in respect
ofany such licence.
(2) Until the Re-
gional Council shall
specify fees payable in
respect of any licence
under subsection (1), the
feespayable therefor
shall be as prescribed in
regulation 176 of the
(Cap. 172,Places of Public Enter-
sub. leg.) tainment Regulations.'.
8. Places of Public Regulation 2 (a) Delete the definition of 'licensing
Entertainment authority' and substitute the
Regulations following definition-
'licensing authority' means-
(a) the Urban Council
in respect of places
of public entertain-
ment situated within
the Urban Council
area; and
(b) the Regional Coun-
cil in respect of
places of public en-
tertainment situated
within the Regional
Council area;'.
(b) Insert after the definition of
'licensing authority' the following
definition-
Item Ordinance Provision Amendment
'Regional Council area' has
the meaning assigned to
(Cap. it in the District Boards
366. Ordinance;'.
(c)Delete the full stop at the end of
the definition of 'new structure'
and substitute a semicolon.
(d)Insert after the definition of 'new
structure' the following definition
'Urban Council area' has
the meaning assigned to
(Cap. it in the District Boards
366.) Ordinance. '.
Regulation 176Delete 'Director of Regional Services'
and substitute the following
'Regional Council'.
Regulation 178Delete 'District Administration' and
substitute the following
'Municipal Services'.
Schedule, Delete paragraph (b) of the NOTICE
Form 3TO APPLICANT and substitute the
following
'(b) The Licensing Authority in
respect of places of public
entertainment in the Urban
Council area is the Urban
Council and in the Regional
Council area is the Regional
Council.
9. Places of Public Title Renamed as the 'Places of Public En-
Entertainment tertainment (Licences) (Specification
of
(Licences) Fees) (Urban Council Area) Notice'.
(Specification of -
Fees) Notice Paragraph 1 Insert after '(Fees)' the following-
'(Urban Council Area)'.
10. Prevention of Section 2(1) In the definition of 'public body'
Bribery insert after paragraph (da) the
Ordinance following-
'(db) the Regional Council;'.
11. Consumer Section 4(3)(a)(i) Delete 'or the Urban Council' and
Council substitute the following-
Ordinance % the Urban Council or the
Regional Council'.
12. Legislative First Schedule (a) In paragraph (a) opposite item
Council 2 delete 'Appointed and elected'
(Electoral and substitute the following-
Provisions) 'Appointed, elected and
Ordinance representative'.
(b) Delete 'Provisional' wherever it
occurs.
13. Rating Schedule In item 2 insert after 'Urban Council'
(Miscellaneous the following-
Exemptions) the Regional Council'.
Order
Originally 39 of 1985. 8 of 1986. 10 of 1986. L.N. 307/86. Short title. Interpretation. (Cap. 254.) (Cap. 366.) (Cap. 1097.) (Cap. 367.) (Cap. 366.) (Cap. 366.) Establishment. Seal. Certain contracts and instruments not required to be under seal. Regional Council. Tenure of office of elected members. (Cap. 367.) Election and tenure of representative members. First Schedule. First Schedule. Appointment and tenure of office of appointed members. Saving. Disqualification from appointment. (Cap. 136.) (Cap. 288.) (Cap. 201.) (Cap. 136.) Qualification for appointment. (Cap. 367.) Eligibility for reappointment. Acts and proceedings not invalid due to lack of qualification, etc. Acceptance of office. Second Schedule. Resignation of a member. Temporary substitution of members. Non-attendance. Disqualification of ex officio members. Publication of notice of vacancy. (Cap. 367.) (Cap. 136.) Members interests in contracts. Regional Council to elect Chairman and Vice-Chairman. First Schedule. Third Schedule. Duties of Chairman and Vice-Chairman. Resignation etc. of Chairman. Functions of the Regional Council. (Cap. 132.) (Cap. 354.) (Cap. 109, sub. leg.) (Cap. 172, sub. leg.) Powers of the Regional Council. Director of Regional Services. Regional Services Department. Secretary, Deputy Secretaries and Assistant Secretaries. Interpretation. Standing orders. Meetings of the Regional Council. Minutes. Acts of the Regional Council. Quorum. Validity of acts of the Regional Council. Appointment of committees and sub-committees. Delegation of powers. (Cap. 155.) Accounts of the Regional Council. Annual accounts. Estimates. Regional Council may revise estimates and list of works. Audit. Fees. Fees for official signatures etc. Reduction etc. of fees and charges. (Cap. 116.) Power to borrow. Investment of surplus funds. (Cap. 155.) Exemption from taxation. Directions by the Governor. Vesting of management and control of property in the Regional Council. Communications between the Regional Council and the Governor. Annual report. Financial statements and report to be laid before Legislative Council. Enforcement for orders. Protection of members. Proceedings against members on grounds of disqualification. (Cap. 367.) Settlement of disputes. (Cap. 1.) Saving. Consequential amendments. Fourth Schedule. Interpretation. (Cap. 366.) District Board may elect first representative member. Voting procedure. First representative member where no election held under section 63. (Cap. 383, 1985 Ed.) Tenure and acceptance of office of first representative member. Election of first Chairman and Vice-Chairman. First Schedule. Third Schedule. (Cap. 1.) (Cap.21.) (Cap. 109.) (Cap. 109, sub. leg.) (Cap 109, sub. leg.) (Cap. 117.) (Cap. 172.) (Cap. 172, sub. leg.) (Cap. 172, sub. leg.) (Cap. 201.) (Cap. 216.) (Cap. 381.) L.N. 307/86. (Cap. 116, sub. leg.)
Abstract
Originally 39 of 1985. 8 of 1986. 10 of 1986. L.N. 307/86. Short title. Interpretation. (Cap. 254.) (Cap. 366.) (Cap. 1097.) (Cap. 367.) (Cap. 366.) (Cap. 366.) Establishment. Seal. Certain contracts and instruments not required to be under seal. Regional Council. Tenure of office of elected members. (Cap. 367.) Election and tenure of representative members. First Schedule. First Schedule. Appointment and tenure of office of appointed members. Saving. Disqualification from appointment. (Cap. 136.) (Cap. 288.) (Cap. 201.) (Cap. 136.) Qualification for appointment. (Cap. 367.) Eligibility for reappointment. Acts and proceedings not invalid due to lack of qualification, etc. Acceptance of office. Second Schedule. Resignation of a member. Temporary substitution of members. Non-attendance. Disqualification of ex officio members. Publication of notice of vacancy. (Cap. 367.) (Cap. 136.) Members interests in contracts. Regional Council to elect Chairman and Vice-Chairman. First Schedule. Third Schedule. Duties of Chairman and Vice-Chairman. Resignation etc. of Chairman. Functions of the Regional Council. (Cap. 132.) (Cap. 354.) (Cap. 109, sub. leg.) (Cap. 172, sub. leg.) Powers of the Regional Council. Director of Regional Services. Regional Services Department. Secretary, Deputy Secretaries and Assistant Secretaries. Interpretation. Standing orders. Meetings of the Regional Council. Minutes. Acts of the Regional Council. Quorum. Validity of acts of the Regional Council. Appointment of committees and sub-committees. Delegation of powers. (Cap. 155.) Accounts of the Regional Council. Annual accounts. Estimates. Regional Council may revise estimates and list of works. Audit. Fees. Fees for official signatures etc. Reduction etc. of fees and charges. (Cap. 116.) Power to borrow. Investment of surplus funds. (Cap. 155.) Exemption from taxation. Directions by the Governor. Vesting of management and control of property in the Regional Council. Communications between the Regional Council and the Governor. Annual report. Financial statements and report to be laid before Legislative Council. Enforcement for orders. Protection of members. Proceedings against members on grounds of disqualification. (Cap. 367.) Settlement of disputes. (Cap. 1.) Saving. Consequential amendments. Fourth Schedule. Interpretation. (Cap. 366.) District Board may elect first representative member. Voting procedure. First representative member where no election held under section 63. (Cap. 383, 1985 Ed.) Tenure and acceptance of office of first representative member. Election of first Chairman and Vice-Chairman. First Schedule. Third Schedule. (Cap. 1.) (Cap.21.) (Cap. 109.) (Cap. 109, sub. leg.) (Cap 109, sub. leg.) (Cap. 117.) (Cap. 172.) (Cap. 172, sub. leg.) (Cap. 172, sub. leg.) (Cap. 201.) (Cap. 216.) (Cap. 381.) L.N. 307/86. (Cap. 116, sub. leg.)
Identifier
https://oelawhk.lib.hku.hk/items/show/3431
Edition
1964
Volume
v24
Subsequent Cap No.
385
Number of Pages
33
Files
Collection
Historical Laws of Hong Kong Online
Citation
“REGIONAL COUNCIL ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/3431.
