HEUNG YEE KUK ORDINANCE

HEUNG YEE KUK ORDINANCE

LAWS OF HONG KONG

HEUNG YEE KUK ORDINANCE

CHAPTER 1097





CHAPTER 1097

HEUNG YEE KUK ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART I

ESTABLISHING AND CONSTITUTION OF HEUNG
YEE KUK

1. Short title ............................................................ 2

2. Establishment and constitution of Heung Yee Kuk 2
3. Full Council .........................2
3A.......................................Kuk Permanent Advisers 4

4. Executive Committee . .................................................................. 4

PART 11

ELECTION AND TENURE OF OFFICE OF
CHAIRMAN, MEMBERS
AND COUNCILLORS

5. Election of office of Chairman, Members and Councillors 4
6. Disqualification ....................5
7. Returning Officer ...................5

8. Vacancies and invalid elections .................. 5

PART Ill

FUNCTIONS OF THE KUK

9. Objects ..............................6
10.......................................Powers 6
11.......................................Accounts 7

PART IV

MISCELLANEOUS

12. Incorporation of Chairman and Vice-Chairmen 1 7

12A......................................Powers of the Heung Yee Kuk Incorporated 7
13.......................................Use of words Heung Yee Kuk 7
14.......................................Amendment of Schedules 8

First Schedule. Rules for conduct of elections 8
Second Schedule. Rules for the exercise of powers and functions 9





CHAPTER 1097

HEUNG YEE KUK

To provide for the establishment and functions of an advisory and consultative
body for the New Territories and for purposes connected therewith.

[11 December 19591

Originally 45 of 1959 G.N.A. 60161, L.N. 94174, L.N. 370181, 7 of 1982, L.N. 14183, 51 of 1983, 18 of 1988.

Preamble

WHEREAS--

(a)the HEUNG YEE KUK has in the past served as a valuable advisory body
to the Government on New Territories affairs and has been a forum where
leaders of opinion in the Territories have been able to exchange views; and

(b)it is now considered desirable that the HEUNG YEE KUK should become a
statutory advisory body with a constitution so framed as to ensure that it
will as far as possible be truly representative of informed and responsible
opinion in the New Territories:

PART 1

ESTABLISHMENT AND CONSTITUTION OF HEUNG YEE
KUK

Short title

1. This Ordinance may be cited as the Heung Yee Kuk Ordinance.

Establishment and constitution of Heung Yee Kuk

2. (1) There shall be established in the New Territories, which expression shall
be read and construed in this Ordinance as meaning the New Territories excluding
New Kowloon, a body to be known as the Heung Yee Kuk hereinafter referred to
as the Kuk.

(2) The Kuk shall consist of-

(a)the Chairman and 2 Vice-Chairmen who shall be members of the Executive
Committee and shall be elected by the Full Council;

(b) a Full Council; and

(c) an Executive Committee of the Full Council.

Full Council

3. (1) The Full Council shall consist of Ex Officio Councillors, Special

Councillors and Co-opted Councillors.(Amended, 18 of 1988, s. 2)





(2) (a) The following shall be Ex Officio Councillors-

(i) the Chairmen and Vice-Chairmen of Rural Committees, who shall be
deemed to have resigned as Councillors on ceasing to hold such office;
and

(ii) New Territories Justices of the Peace. (Amended, 18 of 1988, s.2)

(b) Special Councillors shall not exceed 21 in number, not more than 7 of
whom shall be elected by the Ex Officio Councillors of each of 3
districts of Tai Po, Yuen Long and Southern District from among
Village Representatives or such other persons as may be approved by
the Secretary for District Administration. (Amended, L.N. 94174;
L.N. 370181 and L.N. 14183)

(c)Co-opted Councillors shall not exceed 15 in number and shall be selected
as follows

(i) a member of a Rural Committee is not eligible;

(ii) the candidates must be nominated by 5 members of the Executive
Committee, one of whom shall be the Chairman or a Vice-Chairman;

(iii) the nominated candidates must be approved by the Secretary
for District Administration; and

(iv) those approved under sub-paragraph (iii) must be confirmed by the
Full Council. (Added, 18 of 1988, s. 2)

(3) For the purposes of this Ordinance
(a) the term 'Village Representative' means a person elected or otherwise chosen
to represent village who is approved by the Secretary for District Administration,
the term 'Rural Committee' means a Rural Committee being a society registered or
exempted from registration under the Societies Ordinance (Cap. 151) and approved by
the Secretary for District Administration, and on the withdrawal of such
registration, exemption or approval the Village Representative, or Chairman or
Vice-Chairman of the Rural Committee, as the case may be, shall become
disqualified and cease to be a Councillor of the Kuk or eligible for election
thereto;

(b) the term 'Southern District' includes Tsuen Wan District;

(c)where any doubt arises as to whether any person is a New Territories
Justice of the Peace a certificate issued by the Chief Secretary shall be
conclusive as to that matter; and

(d) (i) where the Secretary for District Administration refuses to
approve any person as a candidate for election as a Special Councillor
or for confirmation as a Co-opted Councillor or refuses to approve
any person, or withdraws approval of any person, as a Village
Representative, such person may within 14 days of such refusal or
withdrawal appeal therefrom by way of petition to the Governor in
Council, whose decision shall be final;

(ii) pending the determination of an appeal instituted under
subparagraph (i), or where there is no appeal the expiry of the period
limited therefor, no disqualification shall. be deemed to have taken





place and no person shall cease to be eligible for election as a Special
Councillor or for confirmation as a Co-opted Councillor by reason of
the Secretary for District Administration's refusal or withdrawal of
approval:

Provided that where a person, notwithstanding the Secretary for District
Administration's refusal or withdrawal of approval, is elected as a Special
Councillor or confirmed as a Co-opted Councillor during such period, he shall
become disqualified and cease to be a Councillor of the Kuk in the event
of his petition being rejected, or if he does not appeal, on the expiry of
the period limited therefor.
(Amended, L.N. 94174; L.N. 370181; L.N. 14183 and 18
of 1988, s. 2)

Kuk Permanent Advisers

3A. The following persons are non-voting Permanent Advisers to the Kuk-

(a) all past Chairmen of the Kuk; and

(b) all persons, other than New Territories Justices of the Peace and Co-opted
Councillors, who have served 2 consecutive terms as members of the
Executive Committee, the last term ending in 1088 or later. (Added, 18 of
1988, s. 3)

Executive Committee

4. (1) The Executive Committee shall consist of Ex Officio Members, Ordinary
Members and all of the Co-opted Councillors.

(2) (a) The following shall be Ex Officio Members(i) the Chairmen of Rural
Committees; and (ii) New Territories Justices of the Peace.

(b)Ordinary Members shall not exceed 15 in number, and shall be Councillors
of, and elected by, the Full Council.

(3) The Full Council shall be deemed to have delegated to the Executive
Committee such of its powers as are necessary for the carrying out of the objects of
the Kuk.

(Amended, 18 of 1988, s. 4)

PART 11

ELECTION AND TENURE OF OFFICE OF CHAIRMAN,
MEMBERS
AND COUNCILLORS

Election of office of Chairman, Members and Councillors

5. (1) The Chairman, Vice-Chairmen, Members of the Executive Committee and
Councillors of the Full Council shall be elected or confirmed in the manner
prescribed in the First Schedule. '(Amended, 18 of 1988, s. 5)

(2) Upon election the Chairman, Vice-Chairmen, Ordinary Members and Special
Councillors shall hold office for a term of 3 years commencing on

1 June.(Amended, 7 of 1982, s. 2)





1

(3) Where a Chairman or Vice-Chairman of a Rural Committee is elected as the
',Chairman or a Vice-Chairman of the Kuk and he ceases to hold the former' office,
he shall, notwithstanding section 3(2)(a)(i), continue in the latter Ace and as a
member of the Executive Committee and an Ex Officio Councillor until the end of the
term that would have applied had he not ceased to hold the first mentioned office.
(Added, 18 of 1988, s. 5)

(4) Co-opted Councillors assume office when confirmed under section
3(2)(c)(iv) and cease to hold office on a date to be stated in the resolution of
confirmation. (Added, 18 of 1988, s. 5)

Disqualification

6. No person shall hold office as a Chairman, Vice-Chairman, Member of the
Executive Committee or Councillor of the Full Council who is under the age of 21
years, or who is or at any time becomes

(a)under any law in force in Hong Kong found or declared to be of unsound
mind;

(b) an undischarged bankrupt;

(c)a person who has been convicted by any of Her Majesty's Courts, whether
or not within Hong Kong, of any offence for which he has been sentenced
to a term of imprisonment exceeding 6 months; or

(d)a person who has been convicted by any Court in Hong Kong within the
preceding 5 years of any offence in connection with any illegal
organization.

(Amended, 18 of 1988, s. 6)

Returning Officer

7. (1) All elections shall be conducted by a Returning Officer appointed by the
Governor. Such Returning Officer shall be in sole charge of the conduct of such
elections, appointing such Assistant Returning Officers as he shall see fit to assist
him. On the completion of every election the Returning Officer shall declare each
person elected to have been validly or invalidly elected as the case may be.

(2) Where any question arises concerning the interpretation of the election
rules set out in the First Schedule the same shall be interpreted by the Returning
Officer whose decision shall be final, or by an Assistant Returning Officer from
whose decision appeal may be made to the Returning Officer.

Vacancies and invalid elections

8. (1) Where-

(a)any vacancy occurs by reason of the death, resignation or
disqualification of any Chairman, Vice-Chairman, Member or Special
Councillor; or

(b)the election of any Chairman, Vice-Chairman, Member or Special
Councillor is declared invalid by the Returning Officer,





a fresh election shall take place within 6 months of the vacancy occurring or the
election being declared invalid, and the Governor may extend the term of office for
which the election was being held for such period as he may see fit not exceeding 6
months from the date of such vacancy occurring.

(2) In the event of the Returning Officer declaring 2 successive elections to be
invalid the Governor may appoint any person eligible for election to be the
Chairman, Vice-Chairman, Member or Special Councillor as the case may be, and
such person shall hold office as if he had been duly elected thereto.

(3) In the event of the Chairman dying, resigning or becoming disqualified the
Vice-Chairman first elected shall assume the office of Chairman until such time as a
new Chairman shall have been elected.

(Amended, 18 of 1988, s. 7)

PART III

FUNCTIONS OF THE
KUK

Objects

9. The objects of the Kuk shall be-

(a)to promote and develop mutual co-operation and understanding among
the people of the New Territories;

(b)to promote and develop co-operation and understanding between the
Government and the people of the New Territories;

(c)to advise the Government on social and economic developments in the
interests of the welfare and prosperity of the people of the New
Territories;

(d)to encourage the observance of all such customs and traditional usages
of the people of the New Territories as are conducive to their welfare and
to the preservation of public morality; and

(e)to exercise such functions as they may be invited to from time to time by
the Governor.

Powers

10. (1) For the purpose of furthering the objects of the Kuk, it may-

(a)appoint a Secretary, Treasurer and other office-bearers and determine their
duties;

(b)appoint such staff as it may require and make provision for the payment of
their salaries;

(c) appoint sub-committees and delegate functions to them.,(d) appoint such advisers as may be approved by the Secretary for District

(d) appoint such advisers as may be approved by the Secretary for District Administration
(Amended, L.N. 94174; L.N. 370181 and L.N. 14183)

(2) The provisions set out in the Second Schedule shall apply to the exercise of
the powers and functions of the Kuk.





Accounts

11. (1) Accounts shall be kept in a form to be approved by the Secretary
for District Administration in respect of all funds other than the personal
donations of the Chairman, Vice-Chairmen, Members and Councillors.
(Amended, L.N. 94/74; L.N. 370/81 and L.N. 14/83)

(2) Failure to keep accounts and to produce the same in the form required
under subsection (1), shall be an offence on the part of the Chairman, Vice-
Chairmen and the Treasurer of the Kuk, and on conviction each shall be liable to a
fine of $2,000.

PART IV

MISCELLANEOUS

Incorporation of Chairman and Vice-Chairmen

12. The Chairman and Vice-Chairmen for the time being of the Kuk shall be a
body corporate with perpetual succession, known as the Heung Yee Kuk
Incorporated and shall in that name be capable of suing and being sued.

(Replaced, 51 of 1983, s. 2)

Powers of the Heung Yee Kuk Incorporated

12A. (1) The Heung Yee Kuk Incorporated may

(a) enter into contracts;

(b) acquire and hold property;

(c) sell, let or otherwise dispose of property; and

(d)borrow money and for that purpose mortgage or charge all or any part of
the property of the Heung Yee Kuk Incorporated.

(2) The Heung Yee Kuk Incorporated shall exercise the powers conferred by
subsection (1) only in such manner and subject to such conditions as the Executive
Committee shall in its absolute discretion direct or impose, and only for the purpose
of promoting the objects of the Kuk.

(Added, 51 of 1983, s. 3)

Use of words Heung Yee Kuk

13. (1) The words Heung Yee Kuk shall be used solely by, and in
connection with, the Kuk established under this Ordinance.

(2) Any person other than the Chairman, Vice-Chairmen, Councillors, Members
or Officers of the Kuk who uses any term or conducts himself in any manner which
is calculated to give the impression that he is an Officer, Member or Councillor of
the Kuk, shall be guilty of an offence and shall be liable to a fine of $2,000.





Amendment of Schedules

14. (1) The provisions contained in the First and Second Schedules may be
amended by resolution of two-thirds of the members of the Full Council. Such
resolution shall require the prior approval of two-thirds of the members of the
Executive Committee.

(2) Any such amendment shall be subject to the approval of the Secretary for
District Administration (Amended, 18 of 1988, s. 8)



FIRST SCHEDULE [ss. 5(1) & 7(2)]

RULES FOR CONDUCT OF ELECTIONS

General provisions

1. The following provisions shall apply to all elections-

(a)Every person entitled to vote shall have one vote for each vacancy. In the case of
elections for Special Councillors, Councillors may vote only for vacancies in their own
district of Tai Po, Yuen Long or Southern District as the case may be, and in this
Schedule the term 'district' shall be read and construed as referring only to such places.

(b) Voting shall be by secret ballot.

(c)The candidate receiving the highest number of votes shall be declared elected unless the
Returning Officer declares the election invalid under section 7 of the Ordinance.

Nominations for Special
Councillors

2. (1) Nominations for Special Councillors for any district shall be sent to the Returning
Officer before such date as may be announced by him, and shall be proposed and seconded by Ex
Officio Councillors of that district and countersigned by the candidate signifying his willingness
to serve as a Special Councillor.

(2) The Returning Officer shall send a list of the names of persons nominated as Special
Councillors for each district to all Rural Committees in that district.

Elections of Special
Councillors

3. The election of Special Councillors shall take place at a meeting of Ex Officio
Councillors for each district, which meeting shall be called by the Returning Officer not less than
21 days after the date fixed by the Returning Officer under paragraph 2(1) nor less than 14 days
after the dispatch by him of the list of candidates under paragraph 2(2):

Provided that in the event of the number of candidates in a district being equal to or less
than the number of vacancies in that district, the Returning Officer may forthwith after the date
fixed by him under paragraph 2(1) declare such candidates as duly elected, and no meeting of Ex
Officio Councillors for that district need be called. (Amended, G.N.A. 60161)

Elections of Ordinary Members of Executive
Committee

4. All Special Councillors and Vice-Chairmen of Rural Committees are eligible for election
as Ordinary Members of the Executive Committee so long as at least 2 weeks before the
election date they declare to the Returning Officer their willingness to serve. The election for
Ordinary Members of the Executive Committee shall take place at a meeting of the Full Council
to be called by the Returning Officer not less than 14 days after the last of the elections for
Special Councillors. (Amended, 18 of1988, s. 9)







Elections of Chairman and Vice-
Chairmen

5. (1) Subject to sub-paragraph (2), any Ex Officio Member or Ordinary Member of the
Executive Committee is eligible for election as Chairman or Vice-Chairman so long as before the

election he declares to the Returning Officer his willingness to serve.(Replaced, 18 of 1988, s. 9)





(2) No member of the Executive Committee from the same district as the newly elected
Chairman shall be eligible as a candidate for the office of Vice-Chairmen. Similarly no member
of the Executive Committee from the district of either the newly elected Chairman or newly
elected Vice-Chairman shall be eligible as a candidate for the other office of Vice-Chairman.

Confirmation of Co-opted
Councillors

5A. (1) Where more than 15 persons are nominated and approved under section 3(2)(c),
their confirmation under section 3(2)(c)(iv) shall be conducted by secret ballot of the Full
Council and the 15 persons who receive the highest number of supporting votes shall be
confirmed.

(2) Where 15 or fewer persons are nominated and approved under section 3(2)(c), their
confirmation need not be conducted by secret ballot unless a member of the Full Council so
requests in respect of one or more of the nominated persons.

(3) A person in respect of whom a secret ballot is conducted under sub-paragraph (2) shall
be confirmed if he receives a majority of supporting votes.

(Added, 18 of 1988, s. 9)

Election rules

6. Subject to the provisions of section 7 of the Ordinance, the Executive Committee may
make rules for the conduct of elections, and such rules shall require the prior approval of the
Secretary for District Administration before coming into operation.

(Amended, L.N. 94174; L.N. 370181 and L.N. 14183)

SECOND SCHEDULE [s. 10(2)]

RULES FOR THE EXERCISE OF POWERS AND FUNCTIONS

Meetings of Full
Council

1. The Full Council shall hold meetings once every 6 months, and at the request of not less
than 10 Councillors or of the Secretary for District Administration by order of the Executive
Committee. At such meetings the lesser of 33 Councillors or 25 per cent of the Councillors
constitutes a quorum.

(Amended, 18 of1988, s.
10)

Meetings of Executive Committee

2. The Executive Committee shall hold meetings once in every month, and at the request of
not less than 5 members or of the Secretary for District Administration. At such meetings the lesser of 22 members or
25 per cent ofthe members constitutes a quorum.

(Amended, 18 of1988, s.
10)

Chairman

3. (1) The Chairman or in his absence a Vice-Chairman shall take the chair at meetings of
the Full Council and of the Executive Committee. If neither the Chairman nor either of the Vice-
Chairman is present the Councillors attending shall elect a Chairman for that meeting.

(2) The Chairman shall have a vote and where the votes are equal a casting vote.

Disqualification for non-
attendance







3A. (1) A member ofthe Executive Committee who fails to attend, throughout a period of 6
consecutive months, any Full Council meetings or Executive Committee meetings without giving
an explanation to the satisfaction ofthe Executive Committee is not entitled to attend, take
part in or vote at any future Full Council or Executive Committee meetings during the remainder
of his term.

(2) A member, other than a member of the Executive Committee, who fails to attend 3
consecutive Full Council meetings without giving an explanation to the satisfaction of the
Executive Committee is not entitled to attend, take part in or vote at any future meeting ofthe
Full Council during the remainder of his term.

(Added, 18 of1988, s. 10)

Minutes

4. (1) The Secretary appointed by the Executive Committee shall keep minutes of
proceedings of the Full Council and of the Executive Committee and such minutes shall record
the names of the Councillors attending as well as all resolutions passed.





(2) The Chairman shall obtain the confirmation of the Full Council or of the Executive
Committee as the case may be that minutes are a true record and shall then sign the same.

(3) Such minutes shall be open to inspection by any Councillor or Member, or by the
Secretary for District Administration.

Standing orders

5. (1) The Executive Committee may make standing orders for the regulation and
procedure of the meetings of the Full Council and of the Executive Committee and such
standing orders may make provision for the preservation of order at such meeting.

(2) Standing orders made under sub-paragraph (1) require the prior approval of the Secretary
for District Administration before coming into operation.

Expenditure

6. The Executive Committee may authorize the expenditure of the Kuk's funds, and for this
purpose, may delegate their powers to not less than 2 Councillors who shall act together on such
terms and conditions as the Executive Committee may impose.

Accounting

7. (1) Subject to section 11 of the Ordinance, the Executive Committee may make such
rules for the keeping of accounts and preparation of estimates.

(2) Rules made under sub-paragraph (1) require the prior approval of the Secretary for
District Administration before coming into operation.

(Amended, L.N. 94/74; L.N. 370/81 and L.N.14/83)

https://oelawhk.lib.hku.hk/items/show/3573

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