Legislative Council Bill

A BILL
TO

An Ordinance to provide for the constitution, convening and dissolution of the Legislative Council of the Hong Kong Special Administrative Region; to provide for the election of Members of that Council; and to provide for related matters.

[3 October 1997]

Enacted by the Provisional Legislative Council.

PART I

Preliminary

1. Short title

This Ordinance may be cited as the Legislative Council Ordinance.

2. Purpose of Ordinance

The purpose of this Ordinance is to give effect to the provisions of the Basic Law relating to the Legislative Council.

3. Interpretation

In this Ordinance, unless the context otherwise requires--- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election;
"body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest;
"by-election" (補選) means an election to return a Member or Members otherwise than at a general election;
"candidate" (候選人) means a candidate nominated for election as a Member;
"Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant;
"constituency" (選區或選舉界別) means---
1. a geographical constituency; or
2. a functional constituency;
"corporate elector" (團體選民) means a body that is an elector for a functional constituency;
"corporate member" (團體成員), in relation to a corporate elector, means a body that is a member of the corporate elector;
"corrupt practice" (舞弊行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap. 288);
"costs" (費用、訟費) includes charges and expenses;
"Court" (原訟法庭) means the Court of First Instance;
"election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election;
"Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV;
"Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2;
"election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII;
"elector" (選民) means a person who is registered in a in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election;
"Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (129 of 1997);
"electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) to exercise functions or perform duties at or in connection with an election;
"Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant;
"ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2;
"final register" (正式選民登記冊) means---
1. a final register of electors for geographical constituencies or functional constituencies; or
2. a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance;
"function" (職能) includes a power and an authority;
"functional constituency" (功能界別) means a functional constituency specified in Schedule 1;
"general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council;
"geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III;
"identity document" (身分證明文件) means---

For the purposes of this Ordinance---
1. the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and
2. the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to---
  1. being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or
  2. belonging to a class of persons specified as being corporate electors of the constituency; and
3. the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body.
Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates.
A note located in the text of this Ordinance is provided for information only and has no legislative effect.

PART II

Constitution and Membership of Legislative Council

4. Terms of office of Legislative Council

The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law.
The first term of office of the Legislative Council is to begin on 1 July 1998.
Subject to subsection (4), each subsequent term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette.
If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified.
A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared.
The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends.

5. Chief Executive to specify date for holding
first general election

The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the first term of office of the Legislative Council.
The date specified in the notice must be not earlier than 60 days and not later than 15 days before the first term of office of the Legislative Council is to begin.

6. Chief Executive to specify dates for holding
second and subsequent general elections

The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the second and each subsequent term of office of the Legislative Council.
The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the Legislative Council is to begin.
To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation.
If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must publish in the Gazette the date from which that Council stands prorogued.

7. Chief Executive to specify date for general election
on dissolution of Legislative Council

Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must, by notice published in the Gazette, specify a date for holding a general election.
The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved.

8. Different dates may be specified for
different classes of elections

Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each or any 2 of the following classes of Members---

the Members to be returned for geographical constituencies; and
the Members to be returned for functional constituencies; and
the Members to be returned by the Election Committee.

The dates specified under this section must not be more than 7 days apart.

9.Chief Executive to convene ordinary sessions of
Legislative Council

The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year, beginning with the year 1998.
The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end.
An ordinary session begun in one calendar year may be continued in the next calendar year.

The consideration of any bill or other business of the Legislative Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Legislative Council.

10. First meeting of first term of office of
Legislative Council

The Chief Executive must, by notice published in the Gazette, specify a date and time for holding the first meeting of the first term of office of the Legislative Council.
The date and time specified in the notice must be within 14 days after the first term of office of the Legislative Council begins.
The first item of business at the first meeting, after the taking of the Legislative Council Oath by Members, must be the election of a Member to preside at that meeting for the purpose of electing the President.
The presiding Member must be elected under subsection (3) by the Members present at the first meeting from amongst themselves. The Clerk to the Legislative Council must preside at that meeting for the purpose of electing the presiding Member.
The President must, after his election at the first meeting, preside at that meeting.

11. Emergency sessions of Legislative Council

The President must, at the request of the Chief Executive, convene an emergency session of the Legislative Council during the period after the end of the term of office or the dissolution of the Legislative Council but, before the date (if more than one, the first date), specified for the holding of a general election for all the Members of the Legislative Council.
For and only for the purpose of subsection (1), the persons holding office as Members of the Legislative Council during the term of office of the Legislative Council which immediately precedes the beginning of the emergency session shall be deemed to be Members of the Legislative Council.

12. How long Members are to hold office

Subject to sections 13 and 15, a person returned as a Member at a general election holds office from the beginning of the term of office of the Legislative Council next following the election and vacates office at the end of the term.
Subject to sections 13 and 15, a person who is declared to be returned as a Member at a by-election holds office from the date on which the result of the by-election was declared and vacates office at the end of the term of office of the Legislative Council during which the by-election was held.

13. Acceptance of office as a Member

A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 7 days after the date on which notification of the person's election is published in the Gazette.
A notice of non-acceptance is not effective unless it is signed by the person concerned.
A notice of non-acceptance takes effect on the date on which the notice is received by the Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date.
If a person gives notice in accordance with this section, the Clerk to the Legislative Council must, within 14 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a Member.

14. How Member can resign

A Member may, at any time, resign from office as a Member by giving written notice of resignation to the Clerk to the Legislative Council.
A notice of resignation is not effective unless it is signed by the Member concerned.
A notice of resignation takes effect---
1. on the date on which the notice is received by the Clerk to the Legislative Council; or
2. if a later date is specified in the notice, on that later date.

15. When Member ceases to hold office

A Member's office becomes vacant if the Member---
1. resigns in accordance with section 14 or is taken to have resigned from that office in accordance with section 13; or
2. dies; or
3. subject to subsection (2), alters either the Member's nationality or the fact as to whether the Member has a right of abode in a country other than the People's Republic of China as declared under section 40(1)(b)(ii); or
4. is the President and has been found by the court, in accordance with the Mental Health Ordinance (Cap. 136), to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection shall be eligible for re-election if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased; or
5. is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office.
Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People's Republic of China and subsequently he or she---
1. acquires a nationality other than Chinese nationality; or
2. acquires a right of abode in a country other than the People's Republic of China.
For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii).

Note: Article 79 of the Basic Law provides as follows:

The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances:

When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council;
When he or she loses or renounces his or her status as a permanent resident of the Region;
When he or she accepts a government appointment and becomes a public servant;
When he or she is bankrupt or fails to comply with a court order to repay debts;
When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and
When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present.

16. Member to be eligible for re-election

A person who ceases to be a Member is, subject to section 39, eligible for re-election as a Member.

17. Proceedings of Legislative Council not affected by vacancy in membership

A vacancy in the membership of the Legislative Council does not affect its power to transact business.
Neither a vacancy in the membership of the Legislative Council nor a defect in the election of a Member, or as to the eligibility of a person to be a Member, affects the validity of its proceedings.
For the purposes of this section, a vacancy in the membership of the Legislative Council includes a vacancy in its membership when it first meets after a general election.

PART III

Establishment of Constituencies

18. Establishment of geographical constituencies

For the first term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies.
The Chief Executive in Council may, by order published in the Gazette---
1. declare areas of Hong Kong to be geographical constituencies; and
2. give names to those constituencies.
When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of the general election to which the order relates.
If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office.
No charge is payable by a member of the public who wishes to inspect a copy of the map.
A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency.

19. Number of Members to be returned for
geographical constituency

Twenty Members are to be returned for all geographical constituencies at the first general election after the enactment of this Ordinance.
The number of Members to be returned for each geographical constituency at the first general election is to be a number, not less than 3 nor greater than 5, specified in the order declaring the area of the constituency in accordance with section 18(2).

20. Establishment of functional constituencies

For the first term of office of the Legislative Council, the functional constituencies to be established for the purposes of this Ordinance are those specified in column 1 of Schedule 1.

21. Number of Members to be returned for
functional constituency

The number of Members to be returned for a functional constituency is---

1 Member for each constituency other than the labour functional constituency; and
3 Members for the labour functional constituency.

PART IV

Constitution of Election Committee

22. Establishment of Election Committee

For the first term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance.
The Election Committee is constituted as provided by Schedule 2.

23. Number of Members to be returned by
Election Committee

Ten Members are to be returned by the Election Committee at the first general election after the enactment of this Ordinance.

PART V

Registration of Electors

24. Who is eligible to be registered as an elector:
geographical constituencies

Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person---
1. is already registered as an elector in the then existing final register of geographical constituencies; or
2. applies in accordance with this Part to be registered as such an elector and is entitled to be so registered.
A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person---
1. has since ceased to ordinarily reside in Hong Kong; or
2. no longer resides at the residential address recorded against the person's name in that existing register and that Officer does not know the person's new principal residential address (if any) in Hong Kong.

25. Who is eligible to be registered as an elector:
functional constituencies

Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person---
1. is a person specified opposite that constituency in column 2 of Schedule 1; and
2. if a natural person, is either---
  1. registered as an elector under this Part for a geographical constituency; or
  2. eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered.
A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice.
Despite subsection (2)---
1. a person eligible to be registered as an elector for the Urban Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Urban Council functional constituency and not for that other functional constituency; and
2. a person eligible to be registered as an elector for the Regional Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Regional Council functional constituency and not for that other functional constituency; and
3. subject to paragraphs (a) and (b), a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and
4. subject to paragraphs (a), (b) and (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency.
A body specified in item 5, 14, 15(3) or (4), 22, 24(2), (4), (5), (69) or (70), 25(2) to (5), 26(5) to (6) or 28(12) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector.
A body that is a corporate member of a body specified in item 4(1), (2), (44) to (49), 15(1), 16 to 21, 23, 24(1) or (6) to (8), 25(1), 26(1) or (2), 27 or 28(11) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector.
A natural person who is a member of a body specified in Part 2 or 3 of Schedule 1 (other than a body specified in item 7(2), 8(1) or (2), 11(2) or (8), 12(2), 13(2), (3), (5) or (7) or 28(1) to (10) of that Schedule) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector.
It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section.

26. Corporate elector to have authorized representative

A corporate elector is required to select one eligible person to be its authorized representative for the purposes of casting its vote at an election.
A person is eligible to be an authorized representative of a corporate elector for a functional constituency only if the person---
1. is registered, or is eligible to be and has applied to be registered, as an elector for a geographical constituency; and
2. has a substantial connection with the corporate elector; and
3. is not registered, and has not applied to be registered, as an elector for the constituency; and
4. is not disqualified from being registered or voting under section 31 or 53.
A person who is an authorized representative of a corporate elector is not eligible to be selected as the authorized representative of another corporate elector.
A person cannot act as an authorized representative of a corporate elector unless the person is registered as such a representative by the Electoral Registration Officer.
A corporate elector may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997). The replacement does not have effect until it is registered by the Electoral Registration Officer.
An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) by the corporate elector concerned. The application must be in writing and be in the specified form.
The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be, or disqualified from being, such a representative.

27. Elector to be permanent resident of Hong Kong

A natural person is not eligible to be registered as an elector for a constituency unless the person is a permanent resident of Hong Kong.

28. Elector to reside in Hong Kong

A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer---
1. that the person ordinarily resides in Hong Kong; and
2. that the residential address notified in the person's application for registration is the person's only or principal residence in Hong Kong.
The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds---
1. that the elector no longer ordinarily resides in Hong Kong; or
2. that the residential address last notified to that Officer is no longer the elector's only or principal residence in Hong Kong.
In this section, a reference to a person's only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person's sole or main home.

29. Elector to be 18 years of age

A natural person is not eligible to be registered as an elector unless---

the person has reached 18 years of age; or
the person's eighteenth birthday falls on or before 31 March next following the person's application for registration.

30. Applicant for registration as elector to be
in possession of identity document

A natural person is not eligible to be registered as an elector unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person---
1. holds an identity document; or
2. has---
  1. applied for a new identity document; or
  2. requested the alteration of the identity document or the issue of a new identity document,
in replacement of the identity document previously issued to the person, and informs that Officer of the document's identifying number (if any).
This section has effect even though a person would otherwise be eligible to be registered as an elector.

31. When person is disqualified from being
registered as an elector

A natural person is disqualified from being registered as an elector for a constituency if the person---
1. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---
  1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
  2. received a free pardon; or
2. on the date of application for registration, is serving a sentence of imprisonment; or
3. without limiting paragraph (a), where the election is to be held or is held within 3 years from the date of the person's conviction, is or has been convicted---
  1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
4. is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
5. is a member of the armed forces of the Central People's Government or any other country or territory.
This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person.

32. Electoral Registration Officer to compile
and publish electoral registers

The Electoral Registration Officer must---
1. not later than 15 February 1998 and not later than 15 February in each subsequent year, compile---
  1. a provisional register of geographical constituencies; and
  2. a provisional register of functional constituencies; and
2. not later than 15 March 1998 and not later than 31 March in each subsequent year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997)---c
  1. a final register of geographical constituencies; and
  2. a final register of functional constituencies.
The Electoral Registration Officer must, within 7 days after the results of the Election Committee subsector elections are published in accordance with Schedule 2, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) a final register of members of the Election Committee.
The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register.
In compiling a provisional register, the Electoral Registration Officer must---
1. strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and
2. enter the names and other relevant particulars of those persons on an omissions list; and
3. add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) and who are eligible to have their names included in the register.
As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish---
1. in the Gazette; and
2. in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected.
The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997)---
1. keep the omissions list at that Officer's office; and
2. during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge.

Legislative Council Bill

A BILL
TO

[3 October 1997]

Enacted by the Provisional Legislative Council.

PART I

Preliminary

1. Short title

This Ordinance may be cited as the Legislative Council Ordinance.

2. Purpose of Ordinance

The purpose of this Ordinance is to give effect to the provisions of the Basic Law relating to the Legislative Council.

3. Interpretation

In this Ordinance, unless the context otherwise requires--- "authorized representative" (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election;
"body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest;
"by-election" (補選) means an election to return a Member or Members otherwise than at a general election;
"candidate" (候選人) means a candidate nominated for election as a Member;
"Clerk to the Legislative Council" (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant;
"constituency" (選區或選舉界別) means---
1. a geographical constituency; or
2. a functional constituency;
"corporate elector" (團體選民) means a body that is an elector for a functional constituency;
"corporate member" (團體成員), in relation to a corporate elector, means a body that is a member of the corporate elector;
"corrupt practice" (舞弊行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap. 288);
"costs" (費用、訟費) includes charges and expenses;
"Court" (原訟法庭) means the Court of First Instance;
"election" (選舉) means an election to elect a Member at a general election or a by-election to elect a Member, but, except in section 82 and Schedule 2, does not include an Election Committee subsector election;
"Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV;
"Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2;
"election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part VII;
"elector" (選民) means a person who is registered in a in accordance with this Ordinance and who is not disqualified from being registered or from voting at an election;
"Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (129 of 1997);
"electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) to exercise functions or perform duties at or in connection with an election;
"Electoral Registration Officer" (選舉登記主任) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant;
"ex-officio member" (當然委員), in relation to the Election Committee, means a member of that Committee referred to in section 1(8) of Schedule 2;
"final register" (正式選民登記冊) means---
1. a final register of electors for geographical constituencies or functional constituencies; or
2. a final register of members of the Election Committee, as compiled and published in accordance with this Ordinance;
"function" (職能) includes a power and an authority;
"functional constituency" (功能界別) means a functional constituency specified in Schedule 1;
"general election" (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council;
"geographical constituency" (地方選區) means an area declared to be a geographical constituency in accordance with Part III;
"identity document" (身分證明文件) means---

For the purposes of this Ordinance---
1. the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and
2. the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to---
  1. being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or
  2. belonging to a class of persons specified as being corporate electors of the constituency; and
3. the circumstances in which a person has a substantial connection with an Election Committee subsector include, but are not limited to, being a member, partner, officer or employee of a body included in the subsector or of a corporate member of such a body.
Results of a general election, or the results of Election Committee subsector elections, that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates.
A note located in the text of this Ordinance is provided for information only and has no legislative effect.

PART II

Constitution and Membership of Legislative Council

4. Terms of office of Legislative Council

The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law.
The first term of office of the Legislative Council is to begin on 1 July 1998.
Subject to subsection (4), each subsequent term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette.
If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified.
A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared.
The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends.

5. Chief Executive to specify date for holding
first general election

The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the first term of office of the Legislative Council.
The date specified in the notice must be not earlier than 60 days and not later than 15 days before the first term of office of the Legislative Council is to begin.

6. Chief Executive to specify dates for holding
second and subsequent general elections

The Chief Executive must, by notice published in the Gazette, specify a date for holding a general election to elect the Members for the second and each subsequent term of office of the Legislative Council.
The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the Legislative Council is to begin.
To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation.
If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must publish in the Gazette the date from which that Council stands prorogued.

7. Chief Executive to specify date for general election
on dissolution of Legislative Council

Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must, by notice published in the Gazette, specify a date for holding a general election.
The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved.

8. Different dates may be specified for
different classes of elections

Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each or any 2 of the following classes of Members---

the Members to be returned for geographical constituencies; and
the Members to be returned for functional constituencies; and
the Members to be returned by the Election Committee.

The dates specified under this section must not be more than 7 days apart.

9.Chief Executive to convene ordinary sessions of
Legislative Council

The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year, beginning with the year 1998.
The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end.
An ordinary session begun in one calendar year may be continued in the next calendar year.

10. First meeting of first term of office of
Legislative Council

The Chief Executive must, by notice published in the Gazette, specify a date and time for holding the first meeting of the first term of office of the Legislative Council.
The date and time specified in the notice must be within 14 days after the first term of office of the Legislative Council begins.
The first item of business at the first meeting, after the taking of the Legislative Council Oath by Members, must be the election of a Member to preside at that meeting for the purpose of electing the President.
The presiding Member must be elected under subsection (3) by the Members present at the first meeting from amongst themselves. The Clerk to the Legislative Council must preside at that meeting for the purpose of electing the presiding Member.
The President must, after his election at the first meeting, preside at that meeting.

11. Emergency sessions of Legislative Council

The President must, at the request of the Chief Executive, convene an emergency session of the Legislative Council during the period after the end of the term of office or the dissolution of the Legislative Council but, before the date (if more than one, the first date), specified for the holding of a general election for all the Members of the Legislative Council.
For and only for the purpose of subsection (1), the persons holding office as Members of the Legislative Council during the term of office of the Legislative Council which immediately precedes the beginning of the emergency session shall be deemed to be Members of the Legislative Council.

12. How long Members are to hold office

Subject to sections 13 and 15, a person returned as a Member at a general election holds office from the beginning of the term of office of the Legislative Council next following the election and vacates office at the end of the term.
Subject to sections 13 and 15, a person who is declared to be returned as a Member at a by-election holds office from the date on which the result of the by-election was declared and vacates office at the end of the term of office of the Legislative Council during which the by-election was held.

13. Acceptance of office as a Member

A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 7 days after the date on which notification of the person's election is published in the Gazette.
A notice of non-acceptance is not effective unless it is signed by the person concerned.
A notice of non-acceptance takes effect on the date on which the notice is received by the Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date.
If a person gives notice in accordance with this section, the Clerk to the Legislative Council must, within 14 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a Member.

14. How Member can resign

A Member may, at any time, resign from office as a Member by giving written notice of resignation to the Clerk to the Legislative Council.
A notice of resignation is not effective unless it is signed by the Member concerned.
A notice of resignation takes effect---
1. on the date on which the notice is received by the Clerk to the Legislative Council; or
2. if a later date is specified in the notice, on that later date.

15. When Member ceases to hold office

A Member's office becomes vacant if the Member---
1. resigns in accordance with section 14 or is taken to have resigned from that office in accordance with section 13; or
2. dies; or
3. subject to subsection (2), alters either the Member's nationality or the fact as to whether the Member has a right of abode in a country other than the People's Republic of China as declared under section 40(1)(b)(ii); or
4. is the President and has been found by the court, in accordance with the Mental Health Ordinance (Cap. 136), to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection shall be eligible for re-election if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased; or
5. is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office.
Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People's Republic of China and subsequently he or she---
1. acquires a nationality other than Chinese nationality; or
2. acquires a right of abode in a country other than the People's Republic of China.
For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii).

Note: Article 79 of the Basic Law provides as follows:

When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons;
When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council;
When he or she loses or renounces his or her status as a permanent resident of the Region;
When he or she accepts a government appointment and becomes a public servant;
When he or she is bankrupt or fails to comply with a court order to repay debts;
When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and
When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present.

16. Member to be eligible for re-election

A person who ceases to be a Member is, subject to section 39, eligible for re-election as a Member.

17. Proceedings of Legislative Council not affected by vacancy in membership

A vacancy in the membership of the Legislative Council does not affect its power to transact business.
Neither a vacancy in the membership of the Legislative Council nor a defect in the election of a Member, or as to the eligibility of a person to be a Member, affects the validity of its proceedings.
For the purposes of this section, a vacancy in the membership of the Legislative Council includes a vacancy in its membership when it first meets after a general election.

PART III

Establishment of Constituencies

18. Establishment of geographical constituencies

For the first term of office of the Legislative Council, there are to be 5 geographical constituencies for the purpose of returning Members at elections for those constituencies.
The Chief Executive in Council may, by order published in the Gazette---
1. declare areas of Hong Kong to be geographical constituencies; and
2. give names to those constituencies.
When making an order under this section, the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of the general election to which the order relates.
If an order under this section refers to a map that defines the area of a geographical constituency, the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office.
No charge is payable by a member of the public who wishes to inspect a copy of the map.
A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency.

19. Number of Members to be returned for
geographical constituency

Twenty Members are to be returned for all geographical constituencies at the first general election after the enactment of this Ordinance.
The number of Members to be returned for each geographical constituency at the first general election is to be a number, not less than 3 nor greater than 5, specified in the order declaring the area of the constituency in accordance with section 18(2).

20. Establishment of functional constituencies

For the first term of office of the Legislative Council, the functional constituencies to be established for the purposes of this Ordinance are those specified in column 1 of Schedule 1.

21. Number of Members to be returned for
functional constituency

The number of Members to be returned for a functional constituency is---

1 Member for each constituency other than the labour functional constituency; and
3 Members for the labour functional constituency.

PART IV

Constitution of Election Committee

22. Establishment of Election Committee

For the first term of office of the Legislative Council, a committee, to be known as the Election Committee, is established for the purposes of this Ordinance.
The Election Committee is constituted as provided by Schedule 2.

23. Number of Members to be returned by
Election Committee

Ten Members are to be returned by the Election Committee at the first general election after the enactment of this Ordinance.

PART V

Registration of Electors

24. Who is eligible to be registered as an elector:
geographical constituencies

Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person---
1. is already registered as an elector in the then existing final register of geographical constituencies; or
2. applies in accordance with this Part to be registered as such an elector and is entitled to be so registered.
A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person---
1. has since ceased to ordinarily reside in Hong Kong; or
2. no longer resides at the residential address recorded against the person's name in that existing register and that Officer does not know the person's new principal residential address (if any) in Hong Kong.

25. Who is eligible to be registered as an elector:
functional constituencies

Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person---
1. is a person specified opposite that constituency in column 2 of Schedule 1; and
2. if a natural person, is either---
  1. registered as an elector under this Part for a geographical constituency; or
  2. eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered.
A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person's choice.
Despite subsection (2)---
1. a person eligible to be registered as an elector for the Urban Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Urban Council functional constituency and not for that other functional constituency; and
2. a person eligible to be registered as an elector for the Regional Council functional constituency and who would, but for this paragraph, be eligible to be registered as an elector for another functional constituency of that person's choice may be registered only for the Regional Council functional constituency and not for that other functional constituency; and
3. subject to paragraphs (a) and (b), a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; and
4. subject to paragraphs (a), (b) and (c), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance or the transport functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person's choice may be registered only for that functional constituency and not for that other functional constituency.
A body specified in item 5, 14, 15(3) or (4), 22, 24(2), (4), (5), (69) or (70), 25(2) to (5), 26(5) to (6) or 28(12) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating for the 12 months immediately before making its application for registration as an elector.
A body that is a corporate member of a body specified in item 4(1), (2), (44) to (49), 15(1), 16 to 21, 23, 24(1) or (6) to (8), 25(1), 26(1) or (2), 27 or 28(11) of Schedule 1 is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 12 months immediately before making its application for registration as an elector.
A natural person who is a member of a body specified in Part 2 or 3 of Schedule 1 (other than a body specified in item 7(2), 8(1) or (2), 11(2) or (8), 12(2), 13(2), (3), (5) or (7) or 28(1) to (10) of that Schedule) is eligible to be registered as an elector for the relevant functional constituency only if the person has been a member of the body for the 12 months immediately before making an application for registration as an elector.
It does not matter that a period of 12 months referred to in this section may have begun before the commencement of this section.

26. Corporate elector to have authorized representative

A corporate elector is required to select one eligible person to be its authorized representative for the purposes of casting its vote at an election.
A person is eligible to be an authorized representative of a corporate elector for a functional constituency only if the person---
1. is registered, or is eligible to be and has applied to be registered, as an elector for a geographical constituency; and
2. has a substantial connection with the corporate elector; and
3. is not registered, and has not applied to be registered, as an elector for the constituency; and
4. is not disqualified from being registered or voting under section 31 or 53.
A person who is an authorized representative of a corporate elector is not eligible to be selected as the authorized representative of another corporate elector.
A person cannot act as an authorized representative of a corporate elector unless the person is registered as such a representative by the Electoral Registration Officer.
A corporate elector may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997). The replacement does not have effect until it is registered by the Electoral Registration Officer.
An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) by the corporate elector concerned. The application must be in writing and be in the specified form.
The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be, or disqualified from being, such a representative.

27. Elector to be permanent resident of Hong Kong

A natural person is not eligible to be registered as an elector for a constituency unless the person is a permanent resident of Hong Kong.

28. Elector to reside in Hong Kong

A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer---
1. that the person ordinarily resides in Hong Kong; and
2. that the residential address notified in the person's application for registration is the person's only or principal residence in Hong Kong.
The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds---
1. that the elector no longer ordinarily resides in Hong Kong; or
2. that the residential address last notified to that Officer is no longer the elector's only or principal residence in Hong Kong.
In this section, a reference to a person's only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person's sole or main home.

29. Elector to be 18 years of age

A natural person is not eligible to be registered as an elector unless---

the person has reached 18 years of age; or
the person's eighteenth birthday falls on or before 31 March next following the person's application for registration.

30. Applicant for registration as elector to be
in possession of identity document

A natural person is not eligible to be registered as an elector unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person---
1. holds an identity document; or
2. has---
  1. applied for a new identity document; or
  2. requested the alteration of the identity document or the issue of a new identity document,
in replacement of the identity document previously issued to the person, and informs that Officer of the document's identifying number (if any).
This section has effect even though a person would otherwise be eligible to be registered as an elector.

31. When person is disqualified from being
registered as an elector

A natural person is disqualified from being registered as an elector for a constituency if the person---
1. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---
  1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
  2. received a free pardon; or
2. on the date of application for registration, is serving a sentence of imprisonment; or
3. without limiting paragraph (a), where the election is to be held or is held within 3 years from the date of the person's conviction, is or has been convicted---
  1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
4. is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
5. is a member of the armed forces of the Central People's Government or any other country or territory.
This section applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person.

32. Electoral Registration Officer to compile
and publish electoral registers

The Electoral Registration Officer must---
1. not later than 15 February 1998 and not later than 15 February in each subsequent year, compile---
  1. a provisional register of geographical constituencies; and
  2. a provisional register of functional constituencies; and
2. not later than 15 March 1998 and not later than 31 March in each subsequent year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997)---c
  1. a final register of geographical constituencies; and
  2. a final register of functional constituencies.
The Electoral Registration Officer must, within 7 days after the results of the Election Committee subsector elections are published in accordance with Schedule 2, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) a final register of members of the Election Committee.
The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register.
In compiling a provisional register, the Electoral Registration Officer must---
1. strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; and
2. enter the names and other relevant particulars of those persons on an omissions list; and
3. add to the register the names and other relevant particulars of those persons who have made applications for registration since the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) and who are eligible to have their names included in the register.
As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish---
1. in the Gazette; and
2. in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the register have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected.
The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997)---
1. keep the omissions list at that Officer's office; and
2. during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge.

33. When final register is to take effect

A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register.

34. Right of appeal to Revising Officer against decisions
of Electoral Registration Officer

A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.
The determination of a Revising Officer on such an appeal is final.
The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing of the appeal.
At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.

PART VI

Conduct of Elections

35. Vacancy in membership of Legislative
Council to be declared

The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy.
Without limiting subsection (1), the Clerk to the Legislative Council must declare the existence of a vacancy under that subsection after becoming aware that, after the close of polling for an election, a candidate returned at the election has died before that candidate is declared to be elected as a Member at the election.

36. By-election to be held to fill vacancy in
membership of Legislative Council

The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), arrange for a by-election to be held in the following circumstances and not otherwise---
1. on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35;
2. on the making of a declaration under section 45 that the proceedings for the election for a constituency or by the Election Committee have been terminated;
3. on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee;
4. on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected without determining that some other person was duly elected instead.
However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held---
1. within the 4 months preceding the end of that Council's current term of office; or
2. if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law.

37. Who is eligible to be nominated as a candidate

A person is eligible to be nominated as a candidate at an election for a geographical constituency, or for election by the Election Committee, only if the person---
1. has reached 21 years of age; and
2. is both registered and eligible to be registered as an elector for a geographical constituency; and
3. is not disqualified from being elected as a Member by virtue of section 39 or any other law; and
4. has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and
5. is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China.
A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person---
1. has reached 21 years of age; and
2. is both registered and eligible to be registered as an elector for such a constituency or satisfies the Electoral Registration Officer that the person has a substantial connection with the constituency; and
3. is both registered and eligible to be registered as an elector for a geographical constituency; and
4. is not disqualified from being elected as a Member by virtue of section 39 or any other law; and
5. has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and
6. except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China.
The following 12 functional constituencies are specified for the purposes of subsection (2)---
1. the legal functional constituency;
2. the accountancy functional constituency;
3. the engineering functional constituency;
4. the architectural, surveying and planning functional constituency;
5. the real estate and construction functional constituency;
6. the tourism functional constituency;
7. the commercial (first) functional constituency;
8. the industrial (first) functional constituency;
9. the finance functional constituency;
10. the financial services functional constituency;
11. the import and export functional constituency;
12. the insurance functional constituency.
A Member is not eligible to be nominated as a candidate at a by-election.

38. Nomination lists for geographical constituencies

In this section--- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate.
The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either---
1. the names of 2 or more persons contesting the election for that geographical constituency as a group; or
2. the name of a person contesting that election as a single candidate.
A nomination list must---
1. be submitted---
  1. on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);
  2. by a nominee on the nomination list concerned;
  3. within the nomination period; and
  4. in the manner prescribed by those regulations; and
2. be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and
3. contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted.
The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated.
If---
1. the Returning Officer determines that a nominee is not validly nominated; or
2. a nominee's nomination is withdrawn; or
3. a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly.
If, after striking out names from a nomination list in accordance with subsection (6), no name remains on the list, the Returning Officer must reject the list.
After a nomination list has been submitted to a Returning Officer---
1. the order in which names of nominees appear in the list cannot be altered;
2. the names of other persons cannot be added to the list; and
3. the names of persons already on the list cannot be deleted.
If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list.
The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49.

39. When person is disqualified from being nominated as a
candidate and from being elected as a Member

A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person---
1. is---
  1. a judicial officer; or
  2. a prescribed public officer; or
  3. an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission); or
2. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- --
  1. served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or
  2. received a free pardon; or
3. has been convicted of treason; or
4. on the date of nomination, or of the election, is serving a sentence of imprisonment; or
5. without limiting paragraph (b), where the election is to be held or is held within 5 years from the date of the person's conviction, is or has been convicted---
  1. of any offence in Hong Kong or any other place in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or
  2. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  3. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  4. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  5. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
6. is---
  1. ineligible to be a candidate, or to be elected as a Member, at the election; or
  2. disqualified from being a candidate, or from being elected as a Member, at the election,
  because of the operation of this or any other law; or
7. is a representative or salaried functionary of a government of a place outside Hong Kong; or
8. is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or
9. is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full.
A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.
A person is also disqualified from being elected as a Member if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.
A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency.
In this section---
"judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap. 93);
"prescribed public officer" (訂明的公職人員) means any of the following---
1. the Chairman of the Public Service Commission;
2. the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap. 204);
3. The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap. 397);
4. a member of the Electoral Affairs Commission;
5. the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority;
6. any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau.

40. What requirements are to be complied with by
persons nominated as candidates

A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless---
1. a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), been lodged by or on behalf of the person with the Returning Officer concerned; and
2. the nomination form includes or is accompanied by---
  1. a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and
  2. a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and
  3. a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that would result in his or her---
1. becoming---
  1. a prescribed public officer within the meaning of section 39(5); or
  2. an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission);
2. being sentenced to death in Hong Kong or any other place;
3. being convicted of treason;
4. being convicted---
  1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);
5. being disqualified from being elected as a Member at an election because of the operation of this or any other law;
6. becoming a representative or salaried functionary of a government of a place outside Hong Kong;
7. becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level;
8. becoming a member of the armed forces of the Central People's Government or any other country or territory; or
9. in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency.
The person must sign the declarations.
The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.

41. Person not to be nominated for more than
one constituency

A person is not eligible to be nominated---
1. as a candidate for a constituency if the person is currently nominated either as a candidate for another constituency or as a candidate for election by the Election Committee; or
2. as a candidate for election by the Election Committee if the person is currently nominated as a candidate for a constituency.
The name of a person whose name is included in a nomination list for a geographical constituency is not, at the same election, eligible to be included in another list of candidates nominated for the constituency.

42. Withdrawal of candidate's nomination

A candidate may withdraw the candidate's nomination for election at any time before the close of nominations for the election and not otherwise.
The withdrawal of a candidate's nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of this section.

43. Candidates entitled to send letters to
electors free of postage

Two letters, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates.
Two letters, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate.
Two letters, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for election by that Committee.
Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue.

44. When general election can be postponed or adjourned

The Chief Executive may, by order, direct the postponement of a general election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.
The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of a general election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.
The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.
If a general election, or the polling or counting of votes at a general election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction.

45. When election proceedings are terminated

If, before declaring the result of an election, the Returning Officer concerned becomes aware that a validly nominated candidate has, after the close of nominations for an election but before the close of polling for the election, died or become disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare that the proceedings for the election are terminated.

46. What is to happen if insufficient candidates
are nominated

If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no more candidates have been validly nominated than the number of Members to be returned for the constituency, or to be elected by the Election Committee, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare the candidate or candidates to be duly elected as a Member or as Members.
If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency or by that Committee, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned.

47. How election is to be conducted

At every contested election to return a Member for a constituency or for the Election Committee---
1. a poll is to be taken of the electors of the constituency or of the members of that Committee; and
2. the voting at the poll is to be by secret ballot.
A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
The Returning Officer appointed for a constituency or for the Election Committee is responsible for supervising an election for the constituency or by that Committee in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997).

48. Who is entitled to vote at an election

A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency.
A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee.
A member of the Election Committee who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency.
An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance.
A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency.
A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register prepared for that Committee.
Subsections (5) and (6) do not---
1. preclude the Court from making a determination under section 67; or
2. affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned.
A corporate elector may vote at an election only by its authorized representative.

49. System of voting and counting of votes:
geographical constituencies

In this section---
"list" (名單) means a list of candidates referred to in section 38(10); "specified number" (指明議席數目), in relation to a geographical constituency, means the number of Members to be returned for the constituency, as specified in an order made under section 19(2);
"votes" (票) means valid votes.
The election of Members for a geographical constituency is to be conducted in accordance with the voting system known as the list system of proportional representation.
At an election for a geographical constituency, an elector is entitled to cast a single vote for a list (as shown on the ballot paper) and not for an individual candidate.
The candidates to be returned as Members for a geographical constituency at a general election are to be determined as provided by this section. This section applies with any necessary modifications to by-elections for a geographical constituency.
Subject to this section, for every quota of votes cast for a list, a candidate whose name appears on the list is to be returned as a Member for the relevant geographical constituency.
For the purposes of subsection (5), a quota is to be calculated as follows---

		V
Q	=	---
		N

where---
	Q	represents the quota (with any part of the number resulting from the calculation that is a fraction to be disregarded);
	V	represents the total number of votes cast at the election for all of the lists;
	N	represents the specified number for the constituency concerned.

If, after all of the votes are counted---
1. the number of Members that can be returned by virtue of subsection (5) is less than the specified number; or
2. none of the specified number of Members can be returned by applying the quota,
the number of Members remaining to be returned, or the specified number of Members to be returned, for the constituency is to be determined by applying the largest remainder formula as provided by subsection (8).
Subject to subsections (9) and (11), the largest remainder formula is to be applied as follows---
1. the list with the largest remaining number of votes is determined from among the lists that have any remaining votes (that is, lists, if any, for which more votes were cast than is necessary to obtain a quota and from which the quota, or a multiple of the quota if more than one is obtained, has been deducted), and lists for which fewer votes were cast than is necessary to obtain a quota;
2. a candidate is returnable for the list that has the largest remaining number of votes as determined under paragraph (a);
3. if the specified number of Members is not returned in accordance with subsection (5) and paragraph (b), the process is to be continued with the remaining votes as provided by paragraphs (a) and (b) until the specified number of Members is returned for the constituency.
If the number of votes cast for a list is such that, after the candidate, or all of the candidates, on that list are elected as provided by subsection (5), votes remain that would entitle a further candidate or further candidates to be returned in respect of the list---
1. the candidate whose name appears, or the candidates whose names appear, on the list are to be returned as Members;
  and
2. the list is taken to have no votes remaining.
After the candidate or candidates are determined as being returned as provided by subsection (9)(a), in order to return the remaining number of Members, the list having the largest remaining number of votes, and if necessary, the next largest, is determined for the purposes of subsection (8) and the process is to continue until the specified number of Members is returned for the constituency.
If, at any stage in determining the Members to be returned, it is found (after a re-count, where a re-count takes place) that---
1. 2 or more lists have the largest number of remaining votes; and
2. the number of those lists exceeds the number of Members remaining to be returned at that stage,
the Returning Officer must determine by the drawing of lots, the list or lists from which the Member is, or the Members are, to be returned.
When, in accordance with this section, 2 or more candidates are to be returned in respect of a list, which of the candidates are to be returned as Members is to be determined according to the order of priority in which their names appear on the list, beginning with the first (at the top of the list) and then proceeding in descending order.
As soon as practicable after determining the result of an election for a geographical constituency, the Returning Officer must publicly declare as elected the candidates who were successful at the election.

50. System of voting and counting of votes :
functional constituencies specified in
Parts 1 and 2 of Schedule 1

This section applies to elections for functional constituencies specified in Parts 1 and 2 of Schedule 1.
Voting and counting of votes at a poll for the return of a Member for a functional constituency to which this section applies is to be conducted in accordance with the preferential elimination system of voting.
An elector entitled to vote at an election to return a Member for a functional constituency to which this section applies is entitled to cast a single vote. That vote is transferable amongst the candidates nominated for election, with the elector marking the elector's preference or preferences for those candidates on the ballot paper against one or more of those candidates in descending order.
In order to be elected, a candidate must obtain an absolute majority of the votes.
If no candidate obtains an absolute majority of the votes at a particular stage of the counting of votes---
1. the candidate with the least number of votes, or the candidates with the least number of votes if 2 or more such candidates have an equal number of votes, is to be eliminated at that stage; and
2. that candidate's votes, or those candidates' votes, are to be transferred to the candidates then remaining in accordance with the next available preferences marked on the ballot papers.
This process is to continue until one candidate obtains an absolute majority over the other candidate or candidates then remaining.
If, after the final stage of counting of votes at an election for a functional constituency to which this section applies, the remaining candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.
As soon as practicable after determining the result of an election for a functional constituency to which this section applies, the Returning Officer must publicly declare as elected the candidate who was successful at the election.

51. System of voting and counting of votes:
functional constituencies specified in
Part 3 of Schedule 1

This section applies to elections for functional constituencies specified in Part 3 of Schedule 1.
Voting and counting of votes at a poll for the return of a Member or Members for a functional constituency to which this section applies is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby an elector may vote for as many candidates as there are vacancies and no more.
If the election is for a single-member functional constituency that is contested by 2 or more candidates, the candidate to be returned as a Member is the candidate who obtains the greater or greatest number of votes.
If the election is for a triple-member functional constituency that is contested by 4 or more candidates at a general election, the candidates to be returned as Members are the 3 candidates who obtain the greatest and next 2 greatest numbers of votes.
Subsection (4) applies with any necessary modifications to a by-election to return fewer than 3 Members for a triple-member constituency.
If, after the counting is finished at an election for a functional constituency to which this section applies, a Member or Members is still to be returned for the constituency and the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.
As soon as practicable after determining the result of an election for a functional constituency to which this section applies, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.

52. System of voting and counting of votes:
Election Committee

Voting and counting of votes at a poll for the return of a Member by the Election Committee is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby an elector may vote for as many candidates as there are vacancies and no more.
1. At the first general election a member of the Election Committee is entitled to cast 10 votes for candidates nominated for election by that Committee. At a by-election during the first term of office of the Legislative Council to fill a vacancy among the Members returned by the Election Committee, a member of that Committee is entitled to cast the same number of votes as the number of Members to be returned at the by-election.
2. In order for his votes to be valid at the first general election or by-election during the first term of office of the Legislative Council, a member of the Election Committee must cast all the votes under his entitlement in paragraph (a).
The candidates to be returned as Members by the Election Committee at the first general election are the 10 candidates who obtain the greatest and next 9 greatest numbers of votes.
Subsection (3) applies with any necessary modifications to a by-election to be held by the Election Committee to return Members to fill vacancies among the Members to be elected by that Committee.
If, after the counting is finished at an election by the Election Committee, a Member or Members is still to be returned and the most successful candidates remaining have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.
As soon as practicable after determining the result of an election by the Election Committee, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.

53. When an elector is disqualified
from voting at an election

A person registered as an elector is disqualified from voting at an election if the person---
1. in the case of a geographical constituency, has ceased to be eligible to be registered as an elector for such a constituency; or
2. in the case of a functional constituency, has ceased to be a person specified in Schedule 1.
A member of the Election Committee (other than an ex-officio member) is disqualified from voting at an election if the member---
1. has ceased to be eligible to be registered as an elector for a geographical constituency; or
2. ceases to have a substantial connection with the relevant subsector.
An ex-officio member of the Election Committee is disqualified from voting at an election if the member---
1. has ceased to be eligible to be registered as an elector for a geographical constituency; or
2. is not registered or has ceased to be registered as an elector for a geographical constituency.
A person is disqualified from voting at an election as the authorized representative of a corporate elector if the person---
1. is no longer eligible to be the authorized representative of the elector; or
2. is not registered as such a representative by the Electoral Registration Officer.
An elector (including a member of the Election Committee) is also disqualified from voting at an election if the elector---
1. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---
  1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
  2. received a free pardon; or
2. on the date of the election, is serving a sentence of imprisonment; or
3. without limiting paragraph (a), where the election is to be held or is held within 3 years from the date of the elector's conviction, is or has been convicted---
  1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
4. is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
5. is a member of the armed forces of the Central People's Government or any other country or territory.
Subsection (5) applies to the authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person.

54. Consequences of non-compliance with
requirements of this Ordinance

In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of---

a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
a mistake in the use of a nomination form,
if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997) and that the failure to comply or mistake did not affect the result of the election.

55. Misnomer or inaccuracy not to affect
operation of election document

A misnomer or inaccurate description of a person, a person's identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.
This section applies to a register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election.

56. Election to be presumed to be valid

Every election is presumed to be valid until it is questioned by an election petition within the period permitted by section 65 and the Court, on the hearing of the petition, determines that the election is invalid.

57. Election not to be questioned only because of defect
in the appointment of an electoral officer

An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election.

58. Returning Officer to publish result of election

The Returning Officer for an election to return Members for a geographical constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency.
The Returning Officer for an election to return a Member or Members for a functional constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the Members duly elected for the constituency.
The Returning Officer for an election by the Election Committee must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected by that Committee.
The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

59. Offences by electoral officers with
respect to conduct of election

Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.
A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.
A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

60. Elector not to be required to
disclose how vote was cast

An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.
A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.
In this section, "elector" (選民) includes an authorized representative of a corporate elector.
A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

PART VII

Election Petitions

61. Election may be questioned only by election
petition made on specified grounds

An election to return a Member may be questioned only on the following grounds---
1. the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) to have been elected as a Member at the election was not duly elected because---
  1. the person was ineligible to be, or was disqualified from being, a candidate at the election; or
  2. a corrupt or illegal practice was engaged in by or in respect of that person at or in connection with the election; or
  3. corrupt or illegal practices were generally prevalent at or in connection with the election; or
  4. material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or
2. a ground specified in any other enactment that enables an election to be questioned.
An election to return a Member may be questioned only by an election petition lodged under section 62.
In this section, "election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer.

62. Who may lodge election petition

An election petition may be lodged, in the case of an election for a constituency---
1. by 10 or more electors entitled to vote at the election; or
2. by a person claiming to have been a candidate in the election.
An election petition may be lodged, in the case of an election by the Election Committee---
1. by 10 or more members of that Committee; or
2. by a person claiming to have been a candidate in the election.

63. Who may be made respondent to election petition

Any person whose election is questioned by an election petition and the Returning Officer in respect of the election may be made a respondent to the petition.
Two or more candidates at an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition is taken to be a separate election petition against each respondent.

64. Court to have jurisdiction to determine
election petitions

The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.
An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.
The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions.

65. Period within which election petition is to be lodged

An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette.

66. Court may direct security to be given for costs

Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner's behalf or to any respondent.
The amount of security to be given under this section is to be of such amount, not exceeding $20,000, as the Court directs. That amount is to be provided in such manner and form as the Court directs.
An election petition is taken to have been withdrawn if this section is not complied with.

67. Court to determine election petition

At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Returning Officer as to the validity of a nomination was correct and, if not correct, determine whether the person declared by that Officer to have been elected in that election was or was not duly elected.
At the end of the trial of an election petition in relation to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead.
At the end of the trial, the Court must certify the determination of the Court in writing. The judge must sign the certificate and ensure that the seal of the Court is applied to the certificate. The determination as certified is final as to the matters at issue concerning the election petition.
The Registrar of the High Court must arrange for a copy of the certificate of the Court to be delivered to the Secretary for Constitutional Affairs, the Electoral Affairs Commission and the Clerk to the Legislative Council.
The Court may, on its own initiative, provide the Secretary for Constitutional Affairs, or the Electoral Affairs Commission or the Clerk to the Legislative Council with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported.
The Court must comply with any request made by the Secretary for Constitutional Affairs or the Electoral Affairs Commission to provide a report on any specified matter arising from the trial of an election petition.

68. What happens if election petition is withdrawn

A petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court.
At the hearing of an application for leave referred to in subsection (1)---
1. any person who could have lodged an election petition in respect of the election concerned, or the Secretary for Justice, may apply to the Court to be substituted as petitioner; and
2. the Court may, if it thinks appropriate, accordingly substitute that person or the Secretary for Justice.
If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner's sureties, if any) is to be liable to pay the costs of the substituted petitioner.
If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 66 in the case of an original petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice.
Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.
If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition.
The petitioner is liable to pay the costs of the respondent if---
1. the election petition is withdrawn or abandoned; or
2. the petitioner ceases to prosecute the petition.
If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners.
Any person who---
1. contravenes subsection (1); or
2. without reasonable excuse, fails to comply with subsection (6), commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

69. When an election petition is terminated

If an election petition is lodged by a natural person, the petition is terminated by the person's death.
If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner---
1. (where that petitioner is a natural person) dies; or
2. (where that petitioner is a body) ceases to exist.
The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred.
On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged a petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner.
The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner.

70. When respondent can withdraw from election proceedings and be substituted

If, before the trial of an election petition, a respondent other than a Returning Officer---
1. dies, resigns or otherwise ceases to hold the office to which the petition relates; or
2. gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition,
that Registrar must publish in the Gazette a notice of that fact.
Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.
A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition.

71. Acts of person not invalid if declared not to be elected

The certification by the Court of a determination under section 67 that a person who was originally declared to have been elected at an election has not been duly elected does not invalidate acts purporting to have been done by the person as a Member before the certificate is received by the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Clerk to the Legislative Council.

72. What is to happen if Member is determined
not to have been duly elected

If, on the hearing of an election petition, the Court determines that a person who was originally declared to have been elected as a Member at an election was not duly elected, that person ceases to be a Member and, subject to subsection (2), that person's office as a Member becomes vacant from the date of the determination.
If, on the hearing of an election petition, the Court determines that a person was duly elected as a Member in place of a person that the Court has determined not to have been duly elected at the election, the first-mentioned person becomes a Member from the date of the determination.

PART VIII

Other Legal Proceedings

73. Proceedings against persons on
grounds of disqualification

An elector, or the Secretary for Justice, may bring proceedings in the Court against any person who is acting, claims to be entitled to act, as a Member on the ground that the person is disqualified from acting as such.
Proceedings under this section may not be brought after 6 months from the date on which the person concerned acted, or claimed to be entitled to act, as a Member.
If, in proceedings brought under this section, it is proved that the defendant acted as a Member while disqualified from acting in that office, the Court may---
1. make a declaration to that effect; and
2. grant an injunction restraining the defendant from so acting; and
3. order the defendant to pay to the Government such sum as the Court thinks appropriate, not exceeding $5,000 for each occasion on which the person so acted while disqualified.
If, in proceedings brought under this section, it is proved that the defendant claimed to be entitled to act as a Member while disqualified from acting in that office, the Court may---
1. make a declaration to that effect; and
2. grant an injunction restraining the defendant from so acting.
Proceedings brought under this section by a person other than the Secretary for Justice are to be stayed until the person has given security for all costs that the person may be ordered to pay to any witness giving evidence in the proceedings on that person's behalf or to a defendant.
The amount of security to be given under this section---
1. is to be determined by the Court, but must not exceed $20,000; and
2. is to be in such manner and form as the Court directs.
Proceedings against a person on the ground that the person has, while disqualified from acting as, or claimed to have been entitled to act, as a Member may be brought only in accordance with this section.
For the purposes of this section, a person is disqualified from acting as a Member if the person---
1. is not qualified to be, or is disqualified from being, a Member; or
2. has ceased to hold office as a Member.

74. Period within which complaint or
information is to be laid

Except as otherwise provided by this Ordinance, a complaint or information alleging the commission of an offence against this Ordinance must be laid within 3 years from the date of the alleged commission.

PART IX

Appointment and Functions of Officers

75. Appointment of Electoral Registration
Officer and assistants

The Chief Executive must appoint an Electoral Registration Officer and such number of Assistant Electoral Registration Officers as appears to the Chief Executive to be necessary for the purposes of registering persons as electors at elections to return Members and as voters at Election Committee subsector elections.
The Electoral Registration Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.
An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer, exercise and perform the functions and duties of Electoral Registration Officer.
The Secretary for Constitutional Affairs must publish in the Gazette notice of the appointment of a person as Electoral Registration Officer and the Officer's address.
The Government must ensure that the Electoral Registration Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer's functions and duties under this Ordinance.
Expenses properly incurred by the Electoral Registration Officer in the exercise or performance of that Officer's functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) are a charge on, and are payable from, the general revenue.

76. Electoral Registration Officer may specify forms

The Electoral Registration Officer may specify the form of any application, notice, return, record or other document required for the purposes of Part V or Schedule 2.

77. Appointment of Revising Officer

The Chief Justice may appoint any magistrate, or any legal officer within the meaning of the Legal Officers Ordinance (Cap. 87), to be a Revising Officer for the purposes of this Ordinance.
If no appointment is made under subsection (1), the Registrar of the High Court is taken to be a Revising Officer.
A Revising Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.
A Revising Officer has, when exercising or performing the Officer's functions and duties, the powers and immunities of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates Ordinance (Cap. 227).

78. Appointment of Returning Officers and assistants

The Electoral Affairs Commission must appoint for each constituency and for the Election Committee a Returning Officer and such number of Assistant Returning Officers as appears to the Commission to be necessary to enable an election to be held in the constituency and by that Committee.
The Electoral Affairs Commission must appoint for each Election Committee subsector a Returning Officer and such number of Assistant Returning Officers as appears to the Commission to be necessary to enable members (other than ex-officio members) to be returned for the subsector.
A Returning Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.
An Assistant Returning Officer may, with the authority of the Returning Officer concerned, exercise and perform the functions and duties of Returning Officer.
The Electoral Affairs Commission must publish in the Gazette a notice of the appointment of a Returning Officer and that Officer's address.
The executive authorities of the Government must ensure that each Returning Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer's functions and duties under this Ordinance.
Expenses properly incurred by a Returning Officer in the exercise or performance of that Officer's functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) are a charge on, and are payable from, the general revenue.

79. Offence to obstruct or hinder electoral officers

A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer in the exercise of a function conferred, or the performance of a duty imposed, by or under this Ordinance commits an offence and is liable on conviction to a fine at level 2.

80. Chief Executive may give directions as to exercise
or performance of electoral officers' functions
and duties

The Chief Executive may give directions, either generally or in any particular case, with respect to the exercise or performance by an electoral officer of any of the officer's functions or duties under this Ordinance with respect to the holding or conduct of an election. The directions have no effect to the extent that they are inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997).
An electoral officer must, when exercising or performing a function or duty under this Ordinance, comply with any direction given by the Chief Executive under this section with respect to the exercise or performance of the function or duty.

81. Death or incapacity of electoral officer not to terminate authority

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance.

PART X

Subsidiary Legislation

82. Chief Executive in Council may make regulations

The Chief Executive in Council may make regulations for the better carrying out of the purposes of this Ordinance.
In particular, a regulation under this section may provide for all or any of the following---
1. the number or qualifications of subscribers required to complete a nomination paper for a candidate or a list of candidates; and
2. the amount that a candidate or a list of candidates is required to lodge as a deposit at an election; and
3. the forfeiture of the deposit if the candidate or list of candidates fail to obtain a prescribed proportion of the votes cast at the election and for the return of the deposit if the candidate or list of candidates obtain that proportion of votes at the election; and
4. the functions and duties of a Revising Officer; and
5. appeals to a Revising Officer.
A provision of a regulation may make it an offence, punishable by a fine not exceeding level 2, for a person to contravene a provision of the regulation.
A regulation may---
1. make different provisions for different circumstances and provide for a particular case or class of cases; and
2. be made so as to apply only in specified circumstances; and
3. prescribe fees for the purposes of the regulation.
In this section, a reference to an election includes a reference to an Election Committee subsector election and a reference to a candidate includes a reference to a candidate at such an election.

83. Chief Executive in Council may amend
Schedules 1 and 2

The Chief Executive in Council may, subject to the approval of the Legislative Council, by order published in the Gazette, amend Schedules 1 and 2.
In this section, "Legislative Council" (立法會) includes the Provisional Legislative Council.

PART XI

Miscellaneous

84. Savings and transitional provisions
Schedule 3 has effect.

85. Consequential amendment of other Ordinances

The Prevention of Bribery Ordinance (Cap. 201) is amended as indicated in Part 1 of Schedule 4.
The Independent Commission Against Corruption Ordinance (Cap. 204) is amended as indicated in Part 2 of Schedule 4.
The Corrupt and Illegal Practices Ordinance (Cap. 288) is amended as indicated in Part 3 of Schedule 4.
The Federation of Hong Kong Industries Ordinance (Cap. 321) is amended as indicated in Part 4 of Schedule 4.

SCHEDULE 1

[ss. 3, 20, 25, 50, 51,
53 & 83 & Sch. 2]

Functional Constituencies

PART 1

	Column 1	Column 2
	Constituency	Electors
1.	Urban Council functional constituency	Members of the Provisional Urban Council.
2.	Regional Council functional constituency	Members of the Provisional Regional Council.
3.	Heung Yee Kuk functional constituency	Chairman and Vice-Chairmen of the Heung Yee Kuk and Ex Officio, Special and co-opted councillors of the Full Council of the Kuk.

PART 2

	Column 1		Column 2
	Constituency		Electors
4.	Agriculture and fisheries functional constituency	(1)	Member societies of the Federation of Vegetable Marketing Co-operative Societies, Limited.
		(2)	Member societies of the Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Ltd.
		(3)	The Fanling Kwun Ti Village Farmers' Irrigation Co-operative Society, Ltd.
		(4)	Hong Kong Graziers Union.
		(5)	Hong Kong Livestock Industry Association.
		(6)	Hong Kong N.T. Poultry---Culture (Geese & Ducks) Mutual Association.
		(7)	Hong Kong Pigfarm Association Limited.
		(8)	The Lam Ti Agricultural Credit Co-operative Society, Limited.
		(9)	The Lamma (Island North) Villagers' Thrift and Loan Co-operative Society Limited.
		(10)	The Mui Wo Agricultural Products Marketing & Credit Co-operative Society, Ltd.
		(11)	The New Territories Chicken Breeders Association, Ltd.
		(12)	New Territories Florist Association, Ltd.
		(13)	Quality Broiler Development Association.
		(14)	The Sai Kung Agricultural Products Marketing & Credit Co-operative Society, Ltd.
		(15)	The Shan Tong Vegetable Marketing Co-operative Society, Ltd.
		(16)	The Sheung Shui Ngai Yuen Sun Tsuen Pig Raising Co-operative Society, Ltd.
		(17)	The Tai Po Ma Wo Village Pig Raising Co-operative Society, Ltd.
		(18)	The World Poultry Science Association, Hong Kong Branch.
		(19)	The Wu Kau Tang Village Agricultural Credit Co-operative Society, Limited.
		(20)	Hang Hau Grazier Association.
		(21)	North District Florists Association.
		(22)	The Guild of Graziers.
		(23)	Tuen Mun Agricultural Association.
		(24)	The Yuen Long Agriculture Productivity Association.
		(25)	Hong Kong Florists Association.
		(26)	Tai Po Florists and Horticulturists Association.
		(27)	Shatin Florists Association.
		(28)	Fish Farming and Stuff Association.
		(29)	Fishery Development Association (Hong Kong) Limited.
		(30)	南丫島蘆荻灣養殖業協會.
		(31)	The Castle Peak Fishermen's Credit Co-operative Society, Unlimited.
		(32)	The Castle Peak Mechanized Trawler Fishermen's Credit Co-operative Society, Unlimited.
		(33)	Cheung Chau Fisheries Joint Association.
		(34)	Cheung Chau Fishermen's Welfare Promotion Association.
		(35)	Fraternal Association of The Floating Population of Hong Kong.
		(36)	Hong Kong & Kowloon Floating Fishermen Welfare Promotion Association.
		(37)	Hong Kong and Kowloon Fishermen Association Ltd.
		(38)	Hong Kong Fishermen's Association.
		(39)	Hong Kong Fishing Vessel Owners Association, Ltd.
		(40)	Hong Kong N.T. Fish Culture Association.
		(41)	Hong Kong Netting, Cultivation and Fisherman Association.
		(42)	Hong Kong Off-shore Fishermen's Association.
		(43)	Ma Wan Fisheries Rights Association Ltd.
		(44)	Member associations of the Joint Associations of Hong Kong Fishermen.
		(45)	Member societies of Federation of Hong Kong Aquaculture Associations.
		(46)	Member societies of the Federation of Fishermen's Co-operative Societies of Shau Kei Wan District, Limited.
		(47)	Member societies of the Federation of Fishermen's Co-operative Societies of Tai Po District, N.T., Limited.
		(48)	Member societies of the Federation of Fishermen's Co-operative Societies of Sai Kung District Limited.
		(49)	Member societies of the Federations of Fishermen's Co-operative Societies of Southern District Limited.
		(50)	Mui Wo Fishermen Fraternity Society.
		(51)	N.T. Lau Fau Shan Oyster Industry Association.
		(52)	N.T. Oyster and Aquatic Products Industries United Association.
		(53)	The New Territories Fishermen Fraternity Association Ltd.
		(54)	Outlying Islands Mariculture Association (Cheung Chau).
		(55)	Peng Chau Fishermen Association Ltd.
		(56)	Sai Kung (North) Sham Wan Marine Fish Culture Business Association.
		(57)	Sai Kung Fishermen Association Limited.
		(58)	Sai Kung Po Toi O Fish Culture Business Association.
		(59)	Sai Kung Tai Tau Chau Fish Culture Business Association.
		(60)	Sha Tau Kok Marine Fish Culture Association.
		(61)	The Sha Tau Kok Small Long Liner and Gill Net Fishermen's Credit Co-operative Society, Unlimited.
		(62)	The Tai Po Fishermen's Credit Co-operative Society, Unlimited.
		(63)	The Tsing Lung Tau Hand Liner Fishermen's Credit Co-operative Society, Unlimited.
		(64)	The Tsuen Wan Fishermen's Credit Co-operative Society, Unlimited.
		(65)	The Tsuen Wan Gill Net Fishermen's Credit Co-operative Society, Unlimited.
		(66)	Tung Lung Chau Mariculture Association.
		(67)	The Yaumati Purse Seiner Fishermen's Credit Co-operative Society, Unlimited.
		(68)	Yung Shue Au Marine Fish Culture Business Association.
		(69)	荃灣葵青漁民會.
		(70)	The Hong Kong Fisheries Development Association.
		(71)	The Aberdeen Fishermen Friendship Association.
		(72)	The Hong Kong Liner & Gillnetting Fisherman Association.
		(73)	Fisherman's Association of Po Toi Island.
		(74)	Shau Kei Wan Fishermen Friendship Association.
		(75)	Sai Kung Tai Wu Kok Fishermen's Association.
		(76)	Hong Kong New Territories Boat People Association.
		(77)	Tai O Fishermen (Coastal Fishery) Association.
		(78)	沙田漁民福利會.
		(79)	青衣水陸居民聯誼會.
		(80)	大嶼山水陸居民聯誼會.
		(81)	荃灣居民聯誼會(漁民組).
		(82)	The Tai Po Purse Seiner and Small Long Liner Fishermen's Credit Co-operative Society, Unlimited.
5.	Insurance functional constituency	Insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap. 41).
6.	Transport functional constituency	(1)	China Motor Bus Co., Ltd.
		(2)	Citybus Ltd.
		(3)	Kowloon Motor Bus Company (1933) Ltd.
		(4)	Long Win Bus Holdings Limited.
		(5)	New Lantao Bus Co.,(1973) Ltd.
		(6)	Hong Kong Tramways Ltd.
		(7)	Peak Tramways Co., Ltd.
		(8)	Kowloon-Canton Railway Corporation.
		(9)	Mass Transit Railway Corporation.
		(10)	China Tollways Co., Ltd.
		(11)	Cross Harbour Tunnel Co., Ltd.
		(12)	New Hong Kong Tunnel Co., Ltd.
		(13)	Serco Guardian(F.M.) Ltd.
		(14)	Tate's Cairn Tunnel Co., Ltd.
		(15)	Western Harbour Tunnel Co. Ltd.
		(16)	Route 3(CPS) Company Limited.
		(17)	Tsing Ma Management Limited.
		(18)	Chuen Lee Radio Taxis Association Ltd.
		(19)	CTOD Association Company Ltd.
		(20)	Fraternity Taxi Owners Association.
		(21)	Hong Kong & Kowloon Radio Car Owners Association Ltd.
		(22)	Hong Kong & Kowloon Taxi Companies Association Ltd.
		(23)	Hong Kong Kowloon Taxi & Lorry Owners Association Ltd.
		(24)	Hong Kong Tele-call Taxi Association.
		(25)	Kowloon Taxi Owners Association Ltd.
		(26)	Lantau Taxi Association.
		(27)	N.T. Taxi Owners & Drivers Fraternal Association.
		(28)	N.T. Taxi Merchants Association Ltd.
		(29)	Quadripartite Taxi Service Association Ltd.
		(30)	Rambo Taxi Owners Association Ltd.
		(31)	Sun Hing Taxi Radio Association.
		(32)	Tang's Taxi Companies Association Ltd.
		(33)	Taxi Dealers & Owners Association Ltd.
		(34)	Taxi Drivers & Operators Association Ltd.
		(35)	The Taxi Operators Association Ltd.
		(36)	Association of N.T. Radio Taxicabs Ltd.
		(37)	United Friendship Taxi Owners & Drivers Association Ltd.
		(38)	United Radio Taxi & Goods Vehicle Association Ltd.
		(39)	Urban Taxi Drivers Association Joint Committee Co. Ltd.
		(40)	Wai Fat Taxi Owners Association Ltd.
		(41)	Wai Yik HK & Kln & NT Taxi Owners Association.
		(42)	Taxi Associations Federation.
		(43)	Wing Tai Car Owners & Drivers Association Ltd.
		(44)	Yik Sun Radiocabs Operators Association Ltd.
		(45)	Wing Lee Radio Car Traders Association Ltd.
		(46)	Hong Kong and Kowloon Rich Radio Car Service Centre Association Ltd.
		(47)	Taxicom Vehicle Owners Association Ltd.
		(48)	T.C. Taxi United Association Ltd.
		(49)	Happy Taxi Operator's Association Ltd.
		(50)	The Fraternity Association of N.T. Taxi Merchants.
		(51)	Sai Kung Taxi Operators Association Ltd.
		(52)	Public Vehicle Merchants Fraternity Association.
		(53)	N.W. Area Taxi Drivers & Operators Association.
		(54)	N.T. Taxi Radio Service General Association.
		(55)	North District Taxi Merchants Association.
		(56)	Hong Kong Scheduled(GMB) Licensee Association.
		(57)	Hong Kong, Kowloon & NT Public & Maxicab Light Bus Merchants' United Association.
		(58)	Hon Wah Public Light Bus Association Ltd.
		(59)	Hong Kong Public & Maxicab Light Bus United Associations.
		(60)	Kowloon Fung Wong Public Light Bus Merchants & Workers' Association Ltd.
		(61)	Lam Tin Wai Hoi Public Light Bus Merchants Association Ltd.
		(62)	Lei Yue Mun Ko Chiu Road Public Light Bus Merchants Association Ltd.
		(63)	N.T. San Tin PLB(17) Owners Association.
		(64)	Public Light Bus General Association.
		(65)	The Kowloon PLB Chiu Chow Traders & Workers Friendly Association.
		(66)	Tsuen Wan PLB Commercial Association Ltd.
		(67)	Tuen Mun PLB Association.
		(68)	United Association of Public Lightbus Hong Kong.
		(69)	Private Hire Car for Young Children Association Ltd.
		(70)	Young Children School Mini-Buses Operators Association Ltd.
		(71)	Driving Instructors Merchant Association Ltd.
		(72)	Hong Kong & Kowloon Goods Vehicle Omnibuses and Minibuses Instructors' Association Ltd.
		(73)	Hong Kong Motor Car Driving Instructors Association Ltd.
		(74)	The Hong Kong School of Motoring Ltd.
		(75)	Hong Kong Society of Articulated Vehicle Driving Instructors Ltd.
		(76)	Kowloon Motor Driving Instructors' Association Ltd.
		(77)	Hong Kong Driving Instruction Club Ltd.
		(78)	Articulated & Commercial Vehicle's Instructors Union.
		(79)	Public and Private Light Buses Driving Instructors' Society.
		(80)	Hong Kong Commercial Vehicle Driving Instructors Association Ltd.
		(81)	Adams Parking(International) Limited.
		(82)	HKS Parking Limited.
		(83)	Kwik Park Limited.
		(84)	Mack & Co. Carpark Management Limited.
		(85)	Metropark Limited.
		(86)	West Coast International(Parking) Limited.
		(87)	Wilson Parking(Hong Kong) Limited.
		(88)	Chartered Institute of Transport in Hong Kong.
		(89)	Hong Kong Automobile Association.
		(90)	Institute of Transport Administration---HK Centre.
		(91)	Institute of Advanced Motorists Hong Kong.
		(92)	Lok Ma Chau China---Hong Kong Freight Association.
		(93)	Hong Kong Association of Freight Forwarding Agents Ltd.
		(94)	The Institute of Seatransport.
		(95)	The Hong Kong Institute of Marine Technology.
		(96)	Maritime Affairs Research Association Ltd.
		(97)	Hong Kong Shipping Staff Association.
		(98)	Hong Kong & Kowloon Motor Boats and Tug Boats Association Ltd.
		(99)	Hong Kong Marine Contractors Association.
		(100)	Hong Kong Pilots Association Ltd.
		(101)	The Hongkong & Yaumati Ferry Co., Ltd.
		(102)	The "Star" Ferry Co., Ltd.
		(103)	Chuen Kee Ferry Ltd.
		(104)	Coral Sea Ferry Service Co., Ltd.
		(105)	Discovery Bay Transportation Services Ltd.
		(106)	Eastern Ferry Co.
		(107)	Holiday Resorts(Hong Kong) Ltd.
		(108)	Hop Shing Kung Ferry Co., Ltd.
		(109)	The Polly Ferry Co., Ltd.
		(110)	COSCO-HIT Terminals(Hong Kong) Limited.
		(111)	Hongkong International Terminals Ltd.
		(112)	Modern Terminals Ltd.
		(113)	River Trade Terminal Co. Ltd.
		(114)	Sealand Orient Terminals Ltd.
		(115)	Fat Kee Stevedores Ltd.
		(116)	Hoi Kong Container Services Co. Ltd.
		(117)	Chu Kong Shipping Enterprises(Holdings) Co. Ltd.
		(118)	Expert Fortune Ltd.
		(119)	Far East Hydrofoil Co. Ltd.
		(120)	CTS--- Parkview Ferry Services Ltd.
		(121)	Wu Gang Shipping Co. Ltd.
		(122)	Yick Fung Passenger-ship Agency Ltd.
		(123)	The Goods Vehicle Fleet Owners Association Ltd.
		(124)	Hong Kong Container Tractor Owner Association Ltd.
		(125)	G.M.B. Maxicab Operators General Association Ltd.
		(126)	The Public Omnibus Operators Association Ltd.
		(127)	Hong Kong Guangdong Transportation Association Ltd.
		(128)	The Hong Kong Cargo-Vessel Traders' Association Ltd.
		(129)	The Hong Kong Liner Shipping Association.
		(130)	The Hong Kong Shipowners Association Ltd.
		(131)	Hong Kong Shipping Circles Association Ltd.
		(132)	Hong Kong Shipping Industry Institute.
		(133)	The Hong Kong Stevedores Employers' Association.
		(134)	The Public Cargo Area Trade Association.
		(135)	Hong Kong & Kowloon Mini-bus Mutual Association.
		(136)	Lung Cheung Public Light Bus Welfare Advancement Association Ltd.
		(137)	N.T. PLB Owners Association.
		(138)	Sai Kung PLB Drivers and Owners Association.
		(139)	Yuen Long Tai Po PLB Merchants Association Ltd.
		(140)	Owners and Drivers Association.
		(141)	Pioneer Concrete Owners Drivers Association.
		(142)	Organisation of Hong Kong Drivers.
		(143)	Kowloon Truck Merchants Association Ltd.
		(144)	Hong Kong Transportation & Wharves Assn. Ltd.
		(145)	The New Territories Cargo Transportation Association Ltd.
		(146)	Hong Kong Public Cargo Working Areas Traders Association Ltd.
		(147)	Tung Yee Shipbuilding & Repairing Merchants General Association.
		(148)	Salvage Association(Hong Kong Office).
		(149)	Marine Excursion Association.

PART 3

	Column 1		Column 2
	Constituency		Electors
7.	Education functional constituency	(1)	Full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in--- (a) institutions of higher education funded through the University Grants Committee; (b) approved post secondary colleges registered under the Post Secondary Colleges Ordinance(Cap. 320); (c) technical colleges established under the Vocational Training Council Ordinance(Cap. 1130); (d) The Hong Kong Academy for Performing Arts; (e) The Open University of Hong Kong.
		(2)	Members of--- (a) the Council of the University of Hong Kong; (b) the Council of The Chinese University of Hong Kong; (c) the Council of The Hong Kong University of Science and Technology; (d) the Council of the City University of Hong Kong; (e) the Council of The Hong Kong Polytechnic University; (f) the Council of The Hong Kong Academy for Performing Arts; (g) the Council of The Open University of Hong Kong; (h) the Council of the Vocational Training Council; (i) the Council of The Hong Kong Institute of Education; (j) the Council of the Hong Kong Baptist University; (k) the Board of Governors of the Lingnan College; (l) the Board of Governors of the Hong Kong Shue Yan College.
		(3)	Registered teachers registered under the Education Ordinance (Cap. 279).
		(4)	Permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance(Cap. 279).
		(5)	Teachers and principals of schools entirely maintained and controlled by the Government.
		(6)	Persons whose principal or only employment is that of full-time teaching with the following bodies--- (a) technical institutes, industrial training centres and skills centres established under the Vocational Training Council Ordinance(Cap. 1130); (b) industrial training centres established under the Industrial Training(Construction Industry) Ordinance(Cap. 317); (c) industrial training centres established under the Industrial Training(Clothing Industry) Ordinance(Cap. 318); (d) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped; (e) Caritas Lok Mo Vocational Training Centre of the Caritas---Hong Kong under the Caritas---Hong Kong Incorporation Ordinance(Cap. 1092).
		(7)	Registered managers of schools registered under the Education Ordinance(Cap. 279).
8.	Legal functional constituency	(1)	Members of The Law Society of Hong Kong entitled to vote at general meetings of the Society.
		(2)	Members of the Hong Kong Bar Association entitled to vote at general meetings of the Association.
		(3)	Legal officers within the meaning of the Legal Officers Ordinance(Cap. 87).
		(4)	Persons appointed under section 3 of the Legal Aid Ordinance(Cap. 91).
		(5)	Persons deemed to be legal officers for the purpose of the Legal Officers Ordinance(Cap. 87) by section 75(3) of the Bankruptcy Ordinance(Cap. 6) or section 3(3) of the Director of Intellectual Property(Establishment) Ordinance(Cap. 412).
		(6)	The Legal Adviser of the Legislative Council Secretariat(including the Provisional Legislative Council Secretariat) and his assistants who are in the full-time employment of The Legislative Council Commission(including The Provisional Legislative Council Commission) and are barristers or solicitors as defined in the Legal Practitioners Ordinance(Cap. 159).
9.	Accountancy functional constituency	Professional accountants registered under the Professional Accountants Ordinance(Cap. 50).
10.	Medical functional constituency	(1)	Medical practitioners registered or deemed to be registered under the Medical Registration Ordinance(Cap. 161).
		(2)	Dentists registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance(Cap. 156).
11.	Health Services functional constituency	(1)	Chiropractors registered under the Chiropractors Registration Ordinance(Cap. 428).
		(2)	Members of the Hong Kong Chiropractors' Association entitled to vote at general meetings of the Association.
		(3)	Nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance(Cap. 164).
		(4)	Midwives registered or deemed to be registered under the Midwives Registration Ordinance(Cap. 162).
		(5)	Pharmacists registered under the Pharmacy and Poisons Ordinance(Cap. 138).
		(6)	Medical laboratory technologists registered under the Medical Laboratory Technologists(Registration and Disciplinary Procedure) Regulations(Cap. 359 sub. leg.).
		(7)	Radiographers registered under the Radiographers(Registration and Disciplinary Procedure) Regulation(Cap. 359 sub. leg.) and applicants for provisional registration who are deemed to be registered in respect of the radiographers' profession under section 18A of the Supplementary Medical Professions Ordinance (Cap. 359).
		(8)	Physiotherapists specified in item 3 of the Schedule to the Supplementary Medical Professions Ordinance(Cap. 359) who are members of the Hong Kong Physiotherapy Association entitled to vote at general meetings of the Association.
		(9)	Physiotherapists registered under the Physiotherapists(Registration and Disciplinary Procedure) Regulation(Cap. 359 sub. leg.) and applicants for provisional registration who are deemed to be registered in respect of the physiotherapists' profession under section 18A of the Supplementary Medical Professions Ordinance(Cap. 359).
		(10)	Occupational therapists registered under the Occupational Therapists(Registration and Disciplinary Procedure) Regulations(Cap. 359 sub. leg.).
		(11)	Optometrists registered under the Optometrists(Registration and Disciplinary Procedure) Regulation(Cap. 359 sub. leg.) and applicants for provisional registration who are deemed to be registered in respect of the optometrists' profession under section 18A of the Supplementary Medical Professions Ordinance (Cap. 359).
		(12)	Dental hygienists enrolled under the Ancillary Dental Workers(Dental Hygienists) Regulations(Cap. 156 sub. leg.).
		(13)	Audiologists, audiology technicians, chiropodists, dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists and speech therapists who are in the service under the Government, or are employed in Hong Kong, at--- (a) public hospitals within the meaning of the Hospital Authority Ordinance(Cap. 113); (b) hospitals registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance(Cap. 165); (c) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong; (d) services subvented by the Government.
12.	Engineering functional constituency	(1)	Professional engineers registered under the Engineers Registration Ordinance(Cap. 409).
		(2)	Members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution.
13.	Architectural, Surveying and Planning functional constituency	(1)	Architects registered under the Architects Registration Ordinance (Cap. 408).
		(2)	Members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute.
		(3)	Members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute.
		(4)	Professional surveyors registered under the Surveyors Registration Ordinance(Cap. 417).
		(5)	Members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute.
		(6)	Professional planners registered under the Planners Registration Ordinance(Cap. 418).
		(7)	Members of the Hong Kong Institute of Planners entitled to vote at general meetings of the Institute.
14.	Labour functional constituency	Trade unions registered under the Trade Unions Ordinance(Cap. 332) of which all the voting members are employees.
15.	Social Welfare functional constituency	(1)	Corporate members of the Hong Kong Council of Social Service entitled to vote at general meetings of the Council.
		(2)	Social workers registered under the Social Workers Registration Ordinance(28 of 1997).
		(3)	Exempted societies within the meaning of the Societies Ordinance(Cap. 151) whose aims are as follows--- (a) to promote the co-ordination and improvement of social service activities; (b) to develop resources, such as manpower, funds and data, for social service activities; or (c) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs.
		(4)	Non-profit making companies registered under the Companies Ordinance(Cap. 32) whose aims are as follows--- (a)to promote the co-ordination and improvement of social service activities; (b) to develop resources, such as manpower, funds and data, for social service activities; or (c) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs.
16.	Real Estate and Construction functional constituency	(1)	Members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association.
		(2)	Members of The Hong Kong Construction Association, Limited entitled to vote at general meetings of the Association.
		(3)	Members of The Hong Kong E&M Contractors' Association Limited entitled to vote at general meetings of the Association.
17.	Tourism functional constituency	(1)	Travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association.
		(2)	Members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council.
		(3)	Members of the Board of Airline Representatives in Hong Kong.
		(4)	Members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association.
		(5)	Members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation.
18.	Commercial (First) functional constituency	Members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber.
19.	Commercial (Second)functional constituency	Members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber.
20.	Industrial (First)functional constituency	Members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation.
21.	Industrial (Second) functional constituency	Members of The Chinese Manufacturers' Association of Hong Kong entitled to vote at general meetings of the Association.
22.	Finance functional constituency	(1)	Banks within the meaning of the Banking Ordinance(Cap. 155).
		(2)	Restricted licence banks within the meaning of the Banking Ordinance(Cap. 155).
		(3)	Deposit-taking companies within the meaning of the Banking Ordinance(Cap. 155).
23.	Financial Services functional constituency	(1)	Members of the Exchange Company within the meaning of the Stock Exchanges Unification Ordinance(Cap. 361) entitled to vote at general meetings of the Company.
		(2)	Members of the Exchange Company within the meaning of the Commodities Trading Ordinance(Cap. 250) entitled to vote at general meetings of the Company.
		(3)	Members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society.
24.	Sports,performing arts,culture and publication functional constituency	(1)	Statutory bodies and registered bodies(other than schools registered under the Education Ordinance(Cap. 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Amateur Sports Federation & Olympic Committee of Hong Kong, China.
		(2)	Sports associations affiliated to the Amateur Sports Federation & Olympic Committee of Hong Kong, China that have no statutory bodies or registered bodies as members.
		(3)	The following district sports associations--- (a) Eastern District Recreation & Sports Advancement Association Ltd.; (b)Southern District Recreation & Sports Council; (c)Wanchai District Arts Cultural Recreation & Sports Association Ltd.; (d)Central & Western District Recreation & Sports Association; (e)Kwun Tong Sports Promotion Association Ltd.; (f)Wong Tai Sin District Recreation & Sports Council; (g)Kowloon City District Recreation & Sports Council; (h)Shum Shui Po Sports Association; (i)Yaumatei & Tsimshatsui Recreation & Sports Association Ltd.; (j)Mongkok District Cultural Recreational & Sports Association Ltd.; (k)North District Sports Association; (l)Sai Kung District Sports Association Ltd.; (m)Sha Tin Sports Association Ltd.; (n)Tai Po Sports Association Ltd.; (o)Island District Sports Association; (p)Tuen Mun Sports Association; (q)The Federation of Tsuen Wan District Sports & Recreation Association Ltd.; (r)Yuen Long District Sports Association Ltd.; (s)Kwai Tsing District Sports Association.
		(4)	Bodies which are listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance(Cap. 472) as organisations for the purpose of section 3(4) of that Ordinance.
		(5)	Statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants, sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council, or the Provisional Regional Council during the relevant period.
		(6)	Members of--- (a) the Educational Booksellers' Association Limited; (b) the Anglo-Chinese Textbook Publishers Organisation Limited; (c) the Hong Kong Educational Publishers Association Limited; (d) the Hong Kong Publishers and Distributors Association; (e) the Hong Kong Book & Magazine Trade Association Limited; (f) the Hong Kong Book and Stationery Industry Association Company Limited, entitled to vote at general meetings of the respective bodies.
		(7)	Members of the Hong Kong Publishing Federation Ltd.(other than those referred to in paragraph(6)) entitled to vote at general meetings of the Federation.
		(8)	Members of--- (a)the HK, Kln & NT Motion Picture Industry Association Ltd.; (b)the Hong Kong Film Awards Association Ltd.; (c)the International Federation of the Phono-graphic Industry(Hong Kong Group); (d)the Movie Producers and Distributors Association of Hong Kong Ltd.; (e)the Music Publishers Association of Hong Kong Ltd.; (f)the Hong Kong Theatres Association Ltd.,entitled to vote at general meetings of the respective bodies.
		(9)	Artiste Training Alumni Association Limited.
		(10)	Asia Television Limited.
		(11)	Association of Curators.
		(12)	Composers and Authors Society of Hong Kong Limited.
		(13)	Friends of the Art Museum, The Chinese University of Hong Kong.
		(14)	Hong Kong Anthropological Society.
		(15)	Hong Kong Archaeological Society.
		(16)	Hong Kong Chinese Press Association.
		(17)	Hong Kong Cinema and Theatrical Enterprise Association Ltd.
		(18)	Hong Kong Cinematography and Television Lighting Association Limited.
		(19)	Hong Kong Commercial Broadcasting Company Limited.
		(20)	Hong Kong Film Academy.
		(21)	Hong Kong Film Arts Association Limited.
		(22)	HK Film Directors' Guild Ltd.
		(23)	Hong Kong Golf Association.
		(24)	Hong Kong History Society.
		(25)	Hong Kong Intellectual Property Society.
		(26)	Hong Kong Journalists' Association.
		(27)	Hong Kong Life Saving Society.
		(28)	The Hong Kong Mass Media Professionals Association Ltd.
		(29)	Hong Kong Movie Star Sports Association.
		(30)	Hong Kong Children's Choir.
		(31)	Hong Kong Festival Fringe Ltd.
		(32)	Hong Kong Philharmonic Orchestra.
		(33)	Hong Kong Chinese Orchestra.
		(34)	Hong Kong Repertory Theatre.
		(35)	Hong Kong Dance Company.
		(36)	Hong Kong Museum of Medical Sciences Society.
		(37)	Hong Kong PEN(English) Centre.
		(38)	Hong Kong Performing Artistes Guild Ltd.
		(39)	Hong Kong Press Photographers' Association.
		(40)	Hong Kong Recreation Management Association.
		(41)	Hong Kong Screen Writers' Guild Ltd.
		(42)	Hong Kong Sports Association of the Deaf.
		(43)	Hong Kong Sports Press Association Ltd.
		(44)	Hong Kong Stuntman Association Ltd.
		(45)	Hong Kong Tai Chi Association.
		(46)	Hong Kong United Arts Entertainment Co. Ltd.
		(47)	Hutchvision(Hong Kong) Limited.
		(48)	Metro Broadcast Corporation Limited.
		(49)	Motion Pictures Production Executive(Hong Kong) Association.
		(50)	Min Chiu Society.
		(51)	New Territories Regional Sports Association.
		(52)	News Executive Association.
		(53)	Pop-Music Authors Society of Hong Kong.
		(54)	Royal Asiatic Society Hong Kong Branch.
		(55)	Sail Training Association of Hong Kong Ltd.
		(56)	Society of Cinematographers Hong Kong Limited.
		(57)	Society of Film Editors(HK) Ltd.
		(58)	South China Film Industry Workers Union.
		(59)	South Chinese Research Circle.
		(60)	The Swimming Teachers' Associated(Hong Kong).
		(61)	Television Broadcasts Limited.
		(62)	The Amateur Lyrics Writers' Association of Hong Kong.
		(63)	The Friends of the Hong Kong Museum of Arts.
		(64)	Hong Kong Federation of Journalists Ltd.
		(65)	The Newspaper Society of Hong Kong.
		(66)	Videotage.
		(67)	Wharf Cable Limited.
		(68)	Zuni Icosahedron.
		(69)	Corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance(Cap. 268).
		(70)	Corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations(Cap. 268 sub. leg.).
25.	Import and export functional constituency	(1)	Members of--- (a)the Association of Photographic Equipment Importers(Hong Kong) Ltd.; (b)the Diamond Importers Association Ltd.; (c)the Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.; (d)the Hong Kong Chinese Importers' & Exporters' Association; (e)the Hong Kong Exporters' Association; (f)the Hong Kong Fresh Fruits Importers Association Ltd.; (g)the Hong Kong General Association of Edible Oil Importers & Exporters Ltd.; (h)the Hong Kong Maize and Feed Importers Association Ltd.; (i)the Hongkong Rice Importers & Exporters Association; (j)the Hongkong Watch Importers' Association; (k)the Hong Kong Wooden & Steel Furniture Importers and Exporters Association Ltd.; (l)The Liquor & Provision Industries Association; (m)the Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited; (n)the Nanyang Importers and Exporters Association; (o)the Hong Kong Industrial Production Trading Association Limited; (p)the Industrial Chemical Merchants' Association Limited; (q)The South China Paper Merchants Association; (r)the Wah On Exporters & Importers Association; (s)the Hong Kong Shippers' Council; (t)the Shippers' Association of Hong Kong,entitled to vote at general meetings of the respective bodies.
		(2)	Companies licensed under the Dutiable Commodities Ordinance(Cap. 109) for the import and/or export of dutiable commodities.
		(3)	Companies registered under the Motor Vehicles(First Registration Tax) Ordinance(Cap. 330) for the import of motor vehicles for use in Hong Kong.
		(4)	Companies licensed under the Control of Chemicals Ordinance(Cap. 145) for the import and/or export of controlled chemicals.
		(5)	Companies licensed under the Import and Export Ordinance(Cap. 60) for the import and/or export of outboard engines and left hand drive vehicles and for the export of prescribed articles.
26.	Textiles and garment functional constituency	(1)	Members of the Textile Council of Hong Kong Limited(other than those referred to in paragraph(2)(a) to(k)) entitled to vote at general meetings of the Council.
		(2)	Members of--- (a)the Federation of Hong Kong Cotton Weavers; (b)the Federation of Hong Kong Garment Manufacturers; (c)the Hong Kong Chinese Textile Mills Association; (d)the Hong Kong Cotton Made-up Goods Manufacturers Association Ltd.; (e)the Hong Kong Cotton Spinners Association; (f)the Hong Kong Garment Manufacturers Association Ltd.; (g)the Hong Kong Knitwear Exporters & Manufacturers Association Ltd.; (h)the Hong Kong Woollen & Synthetic Knitting Manufacturers' Association Ltd.; (i)the Hong Kong Association of Textile Bleachers, Dyers, Printers & Finishers Ltd.; (j)the Hong Kong Weaving Mills Association; (k)the Hongkong Wool & Synthetic Spinners Association Ltd.,entitled to vote at general meetings of the respective bodies.
		(3)	The Hong Kong General Chamber of Textiles Limited.
		(4)	Members of Hong Kong Institution of Textile and Apparel entitled to vote at general meetings of the Institution.
		(5)	Textiles & Clothing manufacturers registered under the Factory Registration of the Trade Department for the purpose of applying for the certificate of Hong Kong origin.
		(6)	Textiles traders who are registered by the Director-General of Trade as Textiles Traders pursuant to regulation 5A of the Import and Export(General) Regulations(Cap. 60 sub. leg.) and are carrying on business of--- (a) importing textiles from any country or place; (b) exporting textiles that are not entitled to a certificate of Hong Kong origin to any country or place; or (c) exporting textiles that are entitled to a certificate of Hong Kong origin to a country or place with which Hong Kong does not have a bilateral textiles agreement to control exports of textiles from Hong Kong to the country or place.
27.	Wholesale and retail functional constituency	Members of---
		(1)	The Association of Retailers and Tourism Services;
		(2)	the Chinese Medicine Merchants Association Ltd.;
		(3)	the Chinese Paper Merchants Association;
		(4)	The Cosmetic & Perfumery Association of Hong Kong Ltd.;
		(5)	Hong Kong Fur Federation;
		(6)	The Federation of Hong Kong Watch Trades and Industries Ltd.;
		(7)	Hong Kong and Kowloon Bamboo Lashing & Hill Products Merchants Association Ltd.;
		(8)	Hong Kong and Kowloon Electrical Appliances Merchants Association Ltd.;
		(9)	the Hong Kong & Kowloon Electro-Plating Trade Merchants Association Ltd.;
		(10)	the Hong Kong & Kowloon European Dress Merchants Association;
		(11)	the Hong Kong & Kowloon Fruit & Vegetable Employees & Employers Guild;
		(12)	the Hong Kong & Kowloon Furniture & Shop Fittings Merchants Association;
		(13)	the Hong Kong & Kowloon General Association of Liquor Dealers and Distillers;
		(14)	the Hong Kong & Kowloon Glass Merchants & Mirror Manufacturer's Association;
		(15)	the Hong Kong & Kowloon Machine Made Paper Merchants Association Ltd.;
		(16)	the Hong Kong and Kowloon Machinery and Instrument Merchants Association Ltd.;
		(17)	the Hong Kong & Kowloon Marine Products Merchants Association Ltd.;
		(18)	The Hong Kong and Kowloon Photographic Merchants Association Ltd.;
		(19)	the Hong Kong & Kowloon Plastic Products Merchants United Association Ltd.;
		(20)	the Hong Kong & Kowloon Provision, Wine & Spirit Dealers Association;
		(21)	the Hong Kong Provision & Grocery Commercial Chamber;
		(22)	the Hong Kong & Kowloon Rattan Ware Merchants Association(Wing Hing Tong) Ltd.;
		(23)	The Hong Kong and Kowloon Rice Retailers' General Association Ltd.;
		(24)	the Hong Kong and Kowloon Salt Merchants' Association;
		(25)	the Hong Kong & Kowloon Sauce & Preserved-Fruit Amalgamated Employers Association;
		(26)	the Hong Kong & Kowloon Tea Trade Merchants Association Ltd.;
		(27)	the Hong Kong & Kowloon Timber Merchants Association;
		(28)	the Hong Kong & Kowloon Vermicelli & Noodle Manufacturing Industry Merchants' General Association Ltd.;
		(29)	the Hong Kong Art Craft Merchants Association, Ltd.;
		(30)	the Hongkong Diamond Bourse Ltd.;
		(31)	the Hong Kong Dried Seafood and Grocery Merchants Association Ltd.;
		(32)	the Hong Kong Dyestuffs Merchants Association Limited;
		(33)	the Hong Kong Egg Merchants Association (Fung-Kwai-Tong);
		(34)	the Hong Kong Embroidery Merchants Association Limited;
		(35)	the Hong Kong Flour Merchants' Association Ltd.;
		(36)	the Hong Kong Flower Dealers & Workers Association;
		(37)	the Hong Kong Flower Retailers Association;
		(38)	The Hong Kong Food Trades Association Limited;
		(39)	the Hong Kong Furniture & Decoration Trade Association Limited;
		(40)	the Hong Kong General Chamber of Pharmacy Limited;
		(41)	the Hong Kong Jewellers' & Goldsmiths' Association Limited;
		(42)	the Hong Kong Leather Shoe And Shoe Material Merchants Association Ltd.;
		(43)	the Hong Kong Live Pig Trade Merchants' Association Ltd.;
		(44)	the Hong Kong Magnetic Tape Company Limited;
		(45)	The Hong Kong Medicine Dealers' Guild;
		(46)	the Hong Kong Metal Merchants Association;
		(47)	the Hong Kong Native Products and Raw Material Merchants Association Limited;
		(48)	Hong Kong Record Merchants Association Ltd.;
		(49)	The Hong Kong Video Industry Association Ltd.;
		(50)	The Hong Kong Oil Merchants Association Ltd.;
		(51)	the Hong Kong Paints & Pigments Merchants Association Ltd.;
		(52)	the Hong Kong Petroleum, Chemicals and Pharmaceutical Materials Merchants Association Ltd.;
		(53)	the Hong Kong Piece Goods Merchants' Association;
		(54)	the Hong Kong Plastic Material Suppliers Association Ltd.;
		(55)	the Hong Kong Plumbing and Sanitary Ware Trade Association Ltd.;
		(56)	the Hong Kong Rattan Merchants Association;
		(57)	the Hong Kong Retail Management Association Ltd.;
		(58)	the Hong Kong Silk Piece-Goods Merchants' Association;
		(59)	the Hong Kong Stamp and Coin Dealers Association Ltd.;
		(60)	the Hong Kong Yee Yee Tong Chinese Medicine Merchants Association Ltd.;
		(61)	the Industrial Chemical Merchants' Association Ltd.;
		(62)	the Kowloon Fresh Meat Retailers Association Ltd.;
		(63)	The Kowloon Pearls, Precious Stones, Jade, Gold & Silver Ornament Merchants Association;
		(64)	the Kowloon Pig Laan Merchants Association;
		(65)	the Kowloon Poultry Laan Merchants Association;
		(66)	The Motor Traders Association of Hong Kong;
		(67)	the Nam Pak Hong Association;
		(68)	the Chinese Merchants Association;
		(69)	The Pharmaceutical Trade Federation Ltd.;
		(70)	the Po Sau Tong Ginseng & Antler Association Hong Kong Ltd.;
		(71)	the Rice Merchants' Association of Hong Kong Ltd.;
		(72)	the Hong Kong Sugar Merchants' Association;
		(73)	the Tobacco Institute of Hong Kong Ltd.;
		(74)	the Umbrella Dealers Association of Hong Kong & Kowloon;
		(75)	the Victoria Cottonyard and Piecegoods Merchants Association Ltd.;
		(76)	the Federation of Hong Kong, Kowloon and New Territories Hawkers Associations;
		(77)	the Hong Kong & Kowloon Vegetable Transportation Fraternity Association;
		(78)	the Yuet Sum Kong Vegetable Association (Hong Kong) Co.;
		(79)	The Kowloon Cheung Sha Wan Wholesale Vegetable Market (Importers) Recreation Club;
		(80)	The Mongkok Vegetable Wholesale Merchants Association Company Ltd.;
		(81)	The Merchants Association of First Wholesalers/Jobbery of Imported Fresh Fruits & Vegetables Limited;
		(82)	the Hong Kong & Kowloon Poultry Dealers Guild;
		(83)	the New Territories Poultry Wholesalers Association;
		(84)	the HK Vegetable Wholesaler Community;
		(85)	The Hongkong & Kowloon General Merchandise Merchants' Association;
		(86)	The Anglo-Chinese Vegetable Wholesale Merchants Association Limited;
		(87)	Hong Kong & Kowloon Fresh Water Fish Merchants' & Buyers' Association Limited;
		(88)	Kowloon Fresh Fish Merchants Association;
		(89)	Hong Kong Fresh Fish Merchants Association;
		(90)	Eastern District Fresh Fish Merchants' Society;
		(91)	Shau Kei Wan Fishery Merchants Association,entitled to vote at general meetings of the respective bodies.
28.	Information Society Technology functional constituency	(1)	Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society.
		(2)	Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division.
		(3)	Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association.
		(4)	Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute.
		(5)	Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute.
		(6)	Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution.
		(7)	Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at its general meetings.
		(8)	Fellows, Senior Professional Members and Professional Members of the Hong Kong Association for Computer Education Ltd. entitled to vote at general meetings of the Association.
		(9)	Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society.
		(10)	Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association.
		(11)	Members of--- (a) the Hong Kong Information Technology Federation Ltd.; (b) the Hong Kong Internet Service Providers Association; (c) the Hong Kong Radio Paging Association Ltd.; (d) the Telecom Association of Hong Kong,entitled to vote at general meetings of the respective bodies.
		(12)	Holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunication Ordinance (Cap. 106)--- (a) fixed telecommunication network services licences; (b) public non-exclusive telecommunications service licences; (c) public radiocommunication service licences; (d) satellite master antenna television licences; (e) broadcast relay station licences; (f) broadcast radio relay station licences.
		(13)	Hong Kong Telecom International Limited.
		(14)	Chubb (Hong Kong) Limited.
		(15)	Asia Satellite Telecommunications Company Limited.

Note: In item 24 of this Schedule---

"registered bodies" (註冊團體) means bodies which are registered or exempt from registration under, or incorporated by, any laws of Hong Kong;
"relevant period" (有關期間), in relation to a registered body, means the period from 1 April 1994 to the date on which the registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency;
"statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance.

PART 4

1. Entitlement to vote at general meeting of body

A reference in this Schedule to an entitlement to vote at a general meeting of a body specified in this Schedule is a reference to an entitlement vote at such a meeting as provided by the body's constitution.
In subsection (1), the reference to the constitution of a body is a reference to the constitution either---
1. as in force at the commencement of this Ordinance; or
2. as subsequently amended or substituted, but only if the amendment or substitution has been approved in writing by the Secretary for Constitutional Affairs.
In this section--- "constitution" (章程), in relation to a body, includes articles of association and rules.

SCHEDULE 2

[ss. 3, 22, 32, 76 &
83 & Sch. 3]

Constitution of Election Committee

PART 1

General Provision

1. How Election Committee is to be constituted

The Election Committee is to consist of 800 members, who must be permanent residents of Hong Kong.
The membership of the Election Committee (other than ex-officio members) is to be determined in accordance with the procedures specified in this Schedule.
The members of the Election Committee are to be representative of 4 sectors, with each sector being represented by 200 members.
The sectors are to be composed of the subsectors specified in Tables 1, 2, 3 and 4.
The composition of the subsectors is as follows---
1. except in the case of the higher education and education subsectors and the tourism and hotel subsectors, the composition of a subsector specified in Table 1, 2 or 3 which has the same name as that of a functional constituency specified in Schedule 1 is to be the same as that of the functional constituency;
2. each of the subsectors specified in column 2 of Table 4 is to be composed of the persons described in column 3 of the Table in relation to the subsector;
3. the Hong Kong Chinese Enterprises Association, tourism, hotel, Chinese medicine, higher education, education, catering and Employers' Federation of Hong Kong subsectors are to be composed as shown in Table 5; and
4. the religious subsector is to be composed as described in Part 2.
Subject to subsections (7), (8), (10) and (11), for the purpose of constituting the Election Committee, each subsector is allocated the number of members specified in the relevant Table in respect of the subsector.
Subject to subsections (8), (10) and (11), the Election Committee is constituted in the following manner---
1. the number of members allocated to the religious subsector is to be nominated by that subsector in accordance with Part 2;
2. subject to subsection (13), the number of members allocated to the subsectors specified in Tables 1, 2 and 3 (except those allocated to the religious subsector), items 3, 4, 5 and 6 of Table 4 are to be elected by the relevant subsectors in accordance with Part 3; and
3. the number of members allocated to the subsector specified---
  1. in item 1 of Table 4 is to be filled by the persons holding office on the relevant date as Hong Kong deputies to the National People's Congress ; and
  2. in item 2 of Table 4 is to be filled by persons holding office on the relevant date as the Members of the Provisional Legislative Council.
The Electoral Registration Officer must register the persons referred to in subsection (7)(c), other than those persons who have by notice under subsection (9) declined registration, as ex-officio members of the Election Committee in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
A person referred to in subsection (7)(c)(i) or (ii), who is registered as an elector in a functional constituency may, by giving written notice to the Electoral Registration Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), decline registration as an ex-officio member of the Election Committee.
If the aggregate of the persons who are ex-officio members is less than 96, (counting any person who is a member of both bodies referred to in subsection (7)(c) only once), the difference is to be added to the number of members allocated to the Chinese People's Political Consultative Conference subsector.
If, after adding the difference referred to in subsection (10), the number of members allocated to the Chinese People's Political Consultative Conference subsector is equal to or exceeds the number of the Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference, subsection (7)(b) is not to apply in relation to this subsector and the number of members allocated to this subsector is to be filled by all the persons holding office on the relevant date as Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference and, where there is an excess in the number of members allocated, the excess number is to be allocated equally between the subsectors specified in items 5 and 6 of Table 4 and the remaining number, if any, is to be allocated to the subsector specified in item 6 of Table 4.
In this Schedule---
"name" (名稱), in relation to a subsector, is to be construed by reference to its description under the column headed "subsector" in Table 1, 2, 3 or 4, as may be applicable;
"relevant date" (有關日期) means 1 April 1998 or, if some other date is prescribed by the regulations for the purposes of this subsection, that other date;
"subsector" (界別分組) means, subject to section 7, a subsector represented on the Election Committee as provided by subsection (4).
1. Subject to paragraph (b), the number of members allocated to the sports, performing arts, culture and publication subsector is to be divided equally among the 4 sub-subsectors constituting the said subsector, namely sports, performing arts, culture and publication sub-subsectors.
2. If the number of members cannot be allocated equally as an integer, the sub-subsectors are to be allocated the largest possible integer, and the remaining number is to be allocated according to the number of voters of the sub-subsectors such that the sub-subsector having the greatest number of voters is allocated a seat first until all the seats are allocated.

Table 1

First Sector

Item	Subsector	Number of members
1.	Catering	11
2.	Commercial(first)	12
3.	Commercial (second)	12
4.	Employers' Federation of Hong Kong	11
5.	Finance	12
6.	Financial services	12
7.	Hong Kong Chinese Enterprises Association	11
8.	Hotel	11
9.	Import and export	12
10.	Industrial (first)	12
11.	Industrial (second)	12
12.	Insurance	12
13.	Real estate and construction	12
14.	Textiles and garment	12
15.	Tourism	12
16.	Transport	12
17.	Wholesale and retail	12

Table 2

Second Sector

Item	Subsector	Number of members
1.	Accountancy	20
2.	Architectural, surveying and planning	20
3.	Chinese medicine	20
4.	Education	20
5.	Engineering	20
6.	Health services	20
7.	Higher education	20
8.	Information technology	20
9.	Legal	20
10.	Medical	20

Table 3

Third Sector

Item	Subsector	Number of members
1.	Agriculture and fisheries	40
2.	Labour	40
3.	Religious	40
4.	Social welfare	40
5.	Sports, performing arts, culture and publication	40

Table 4

Fourth Sector

Item	Subsector	Constituents	Number of members
1.	National People's Congress ("NPC")	Hong Kong deputies to the NPC.	36
2.	Provisional Legislative Council("PLC")	Members of the PLC.	60
3.	Chinese People's Political Consultative Conference ("CPPCC")	Hong Kong members of the National Committee of the CPPCC.	41
4.	Heung Yee Kuk	Chairman and Vice-Chairmen of the Heung Yee Kuk and the Ex-Officio, Special and Co-opted Councillors of the Full Council of the Heung Yee Kuk.	21
5.	Provisional District Boards for the Districts in the Urban Council Area ("Hong Kong and Kowloon Provisional Provisional District Boards.District Boards")	Members of the Hong Kong and Kowloon	21
6.	Provisional District Boards for the Districts in the Regional Council Area ("New Territories Provisional District Boards")	Members of the New Territories Provisional District Boards.	21

TABLE 5

Composition of Subsectors
Referred to in Section 1(5)(c)

(Subsectors without an equivalent functional constituency)

Item	Subsector	Constituents
1.	Hong Kong Chinese Enterprises Association	Members of the Hong Kong Chinese Enterprises Association entitled to vote at General meetings of the Association.
2.	Tourism	(1)	Travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association.
		(2)	Members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council.
		(3)	Members of the Board of Airline Representatives in Hong Kong.
3.	Hotel	(1)	Members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association.
		(2)	Members of the Federation of Hong Kong Hotels Owners entitled to vote at general meetings of the Federation.
4.	Chinese medicine	Members of---
		(1)	The Hong Kong Association of Traditional Chinese Medicine Limited;
		(2)	The International General Chinese Herbalists and Medicine Professional Association Limited;
		(3)	Sin-Hua Herbalists' and Herb Dealers' Promotion Society Limited;
		(4)	The Society of Practitioners of Chinese Herbal Medicine Limited;
		(5)	The Hong Kong Traditional Chinese Medicine Orthopaedic and Traumatic Association Limited;
		(6)	The Hong Kong Federation of China of Traditional Chinese Medicine;
		(7)	The Hong Kong Acupuncturists Association;
		(8)	The Hong Kong Chinese Herbalists Association Limited;
		(9)	The Association of Hong Kong and Kowloon Practitioners of Chinese Medicine Limited;
		(10)	The Hong Kong Chinese Overseas Physician Association, who are Chinese medicine practitioners entitled to vote at the general meetings of the respective bodies.
5.	Higher education	(1)	Full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in---
			(a)	institutions of higher education funded through the University Grants Committee;
			(b)	approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap. 320);
			(c)	technical colleges established under the Vocational Training Council Ordinance (Cap. 1130);
			(d)	The Hong Kong Academy for Performing Arts;
			(e)	The Open University of Hong Kong.
		(2)	Members of---
			(a)	the Council of the University of Hong Kong;
			(b)	the Council of The Chinese University of Hong Kong;
			(c)	the Council of The Hong Kong University of Science and Technology;
			(d)	the Council of the City University of Hong Kong;
			(e)	the Council of The Hong Kong Polytechnic University;
			(f)	the Council of The Hong Kong Academy for Performing Arts;
			(g)	the Council of The Open University of Hong Kong;
			(h)	the Council of the Vocational Training Council;
			(i)	the Council of The Hong Kong Institute of Education;
			(j)	the Council of the Hong Kong Baptist University;
			(k)	the Board of Governors of the Lingnan College;
			(l)	the Board of Governors of the Hong Kong Shue Yan College.
6.	Education	(1)	Registered teachers registered under the Education Ordinance (Cap. 279).
		(2)	Permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap. 279).
		(3)	Teachers and principals of schools entirely maintained and controlled by the Government.
		(4)	Persons whose principal or only employment is that of full-time teaching with the following bodies---
			(a)	Technical institutes, industrial training centres and skills centres established under the Vocational Training Council Ordinance (Cap. 1130);
			(b)	industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap. 317);
			(c)	industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap. 318);
			(d)	Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped;
			(e)	Caritas Lok Mo Vocational Training Centre of the Caritas---Hong Kong under the Caritas---Hong Kong Incorporation Ordinance (Cap. 1092).
		(5)	Registered managers of schools registered under the Education Ordinance (Cap. 279).
7.	Catering	(1)	The Association for the Hong Kong Catering Services Management Limited.
		(2)	Hong Kong Catering Industry Association Limited.
		(3)	The Association of Restaurant Managers Limited.
		(4)	Federation of Hong Kong Restaurant Owners Limited.
		(5)	Restaurants and Licensed Premises Association.
		(6)	The Hong Kong Restaurant and Eating House Merchants General Association.
		(7)	The Kowloon Restaurant and Eating House Merchants General Association.
		(8)	Holders of food business licences under the Public Health and Municipal Services Ordinance (Cap. 132).
8.	Employers' Federation of Hong Kong	Members of the Employers' Federation of Hong Kong entitled to vote at general meetings of the Federation.

PART 2

Religious Subsector

2. Composition of the religious subsector

The religious subsector is to be composed of the following bodies ("the designated bodies")---
1. Catholic Diocese of Hong Kong;
2. Chinese Muslim Cultural and Fraternal Association;
3. Hong Kong Christian Council;
4. The Hong Kong Taoist Association;
5. The Confucian Academy; and
6. The Hong Kong Buddhist Association.
The Chief Executive in Council may, by order published in the Gazette, distribute the number of members allocated to the religious subsector among the designated bodies.
Nomination of members by the religious subsector
1. Subject to subsection (5), each designated body may nominate a number of persons selected by it as members representing the religious subsector on the Election Committee.
2. The process of nomination (other than the selection of nominees) must be carried out in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
3. If the number of nominees of a designated body exceeds the assigned number for the body, the body must---
  1. indicate which of the nominees are to be given preference in making up the assigned number; and
  2. then rank the excess nominees, if more than one, in order of priority.
4. If the Returning Officer determines that any of the nominees to be given preference under subsection (3) is not validly nominated, the assigned number is to be made up from the excess nominees (subject to their being validly nominated) in their order of priority.
5. The number of nominees to become members of the Election Committee from each designated body cannot exceed the assigned number of that designated body.
6. The Returning Officer must declare the nominees who become the members of the Election Committee as such Members, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
7. In this section---
  "assigned number" (獲配席位數目) means the number specified in an order made under section 2(2).

4. Who is qualified for selection as a nominee

A person is eligible to be selected as a nominee under section 3(1) if the person---
1. is both registered and eligible to be registered, and not disqualified from being registered, for a geographical constituency; and
2. has a substantial connection with the religious subsector.
A person who is---
1. a person referred to in section 1(7)(c)(i) or (ii) (whether or not the person is an ex-officio member); or
2. a candidate at an Election Committee subsector election; or
3. an elector in the Urban Council functional constituency or the Regional Council functional constituency,is not eligible to be selected as a nominee under section 3(1).

5. When a person is disqualified from being a nominee

A person is disqualified from being a nominee under section 3 if the person---

has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name called) and has not either---
1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
2. received a free pardon; or
on the date of nomination, is serving a sentence of imprisonment; or
without limiting paragraph (a), where the nomination takes place within 3 years from the date of the person's conviction, is or has been convicted---
1. of a corrupt practice or an illegal practice (other than an illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288); or
2. of a corrupt and illegal practice within the meaning of any other enactment providing for the punishment of a corrupt or illegal practice; or
3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
4. of any offence prescribed by the regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
is a member of the armed forces of the Central People's Government or any other country or territory.

6. Application of the Corrupt and
Illegal Practices Ordinance

The Corrupt and Illegal Practices Ordinance (Cap. 288) applies, with any necessary modifications, to and in relation to the selection and nomination of persons to be members of the Election Committee under section 3 in the same way as it applies to and in relation to elections and so applies as if the persons selected or nominated were candidates at an election.

PART 3

Election Committee Subsector Election

Division 1---Preliminary

7. Interpretation

In this Part unless the context otherwise requires---
"authorized representative" (獲授權代表), in relation to a corporate voter, means the person authorized by the corporate voter to cast its vote at an Election Committee subsector election;
"corporate voter" (團體投票人) means a body that is a voter for a subsector;
"Election Committee subsector election" (選舉委員會界別分組選舉) means an election to elect those members, assigned to a subsector of the Election Committee who, under section 1(7)(b), are to be elected by the relevant subsector;
"Election Committee sub-subsector election" (選舉委員會小組選舉) means an election to elect members by the sports, performing arts, culture and publication subsector in accordance with section 1(13);
"last geographical constituencies provisional register" (對上一份地方選區臨時選民登記冊) means the provisional register of geographical constituencies referred to in section 1(1) of Schedule 3;
"last functional constituencies provisional register" (對上一份功能界別臨時選民登記冊) means the provisional register of functional constituencies referred to in section 1(2) of Schedule 3;
"prescribed functional constituency" (訂明功能界別) means a prescribed functional constituency within the meaning of section 1(3) of Schedule 3;
"Returning Officer" (選舉主任) means, in relation to a subsector, the Returning Officer appointed for the subsector in accordance with section 78 of this Ordinance;
"subsector provisional register" (界別分組臨時投票人登記冊) means the provisional register to be compiled for subsectors;
"subsector" (界別分組) means a subsector referred to in section 1(7)(b);
"subsector final register" (界別分組正式投票人登記冊) means the final register to be compiled for subsectors;
"subsector register" (界別分組投票人登記冊) means either the provisional or the final register of persons entitled to vote at an Election Committee subsector election, compiled under section 10;
"voter" (投票人) means a person whose name is registered in a subsector final register and who is eligible to be, and is not disqualified from being, so registered or from voting at an Election Committee subsector election.
In this Part, unless the context otherwise requires, all references to the "Election Committee subsector election" and "subsector" shall, in respect of the sports, performing arts, culture and publication subsector, mean an "Election Committee sub-subsector election" and "sub-subsector" respectively and with any necessary modifications.

Division 2---Registration of voters

8. Who is eligible to be registered as a voter

Subject to this section---
1. a person is eligible to be registered as a voter for a subsector with the same name as a functional constituency (other than the higher education and education subsectors and the tourism and hotel subsectors) if the person is eligible to be registered as an elector for that functional constituency and has made an application to be so registered; and
2. a person is eligible to be registered as a voter for a subsector with the same name as a prescribed functional constituency (other than a subsector specified in Table 5) if the person---
  1. was registered for the relevant prescribed functional constituency in the last functional constituencies provisional register; and
  2. is eligible to be, and is not disqualified from being, registered as an elector for the functional constituency corresponding to the relevant prescribed functional constituency; and
3. a person is eligible to be registered as a voter for a subsector specified in Table 5 (other than the higher education and education subsectors and the tourism and hotel subsectors), if the person---
  1. is a person specified opposite that subsector in column 3 of Table 5; and
  2. where the person is a natural person, is eligible to be registered as an elector under Part V of this Ordinance for a geographical constituency and has made an application to be so registered, or was registered in the last geographical constituencies provisional register and is eligible to be and not disqualified from being registered as an elector for a geographical constituency.
A person is eligible to be registered as a voter for the sports, performing arts, culture and publication subsector subject to the following conditions---
1. a person who is registered, or applies to be registered, as an elector for the sports, performing arts, culture and publication functional constituency by virtue of being a person described in paragraph (1), (2), (3), (23), (27), (42), (43), (45), (51), (55) or (60) of item 24 of Schedule 1 may be registered only as a voter for the sports sub-subsector; and
2. a person who is registered, or applies to be registered, as an elector for the sports, performing arts, culture and publication functional constituency by virtue of being a person described in paragraph (8), (9), (10), (12), (17), (18), (19), (20), (21), (22), (29), (38), (41), (44), (46), (47), (48), (49), (53), (56), (57), (58), (61), (62) or (67) of item 24 of Schedule 1 may be registered only as a voter for the performing arts sub-subsector; and
3. a person who is registered, or applies to be registered, as an elector for the sports, performing arts, culture and publication functional constituency by virtue of being a person described in paragraph (4), (5), (11), (13), (14), (15), (24), (25), (30), (31), (32), (33), (34), (35), (36), (37), (40), (50), (54), (59), (63), (66) or (68) of item 24 of Schedule 1 may be registered only as a voter for the culture sub-subsector; and
4. a person who is registered, or applies to be registered, as an elector for the sports, performing arts, culture and publication functional constituency by virtue of being a person described in paragraph (6), (7), (16), (26), (39), (52), (64), (65), (69) or (70) of item 24 of Schedule 1 may be registered only as a voter for the publication sub-subsector.
A person is eligible to be registered as a voter for the higher education subsector if the person---
1. is a person described in paragraph (1) or (2) of item 7 of Schedule 1 and has made an application to be registered for the education functional constituency; or
2. was registered for the functional constituency corresponding to the education functional constituency in the last functional constituencies provisional register and is eligible to be registered as an elector for the education functional constituency by reason of being a person described in paragraph (1) or (2) of item 7 of Schedule 1.
A person is eligible to be registered as a voter for the education subsector if---
1. the person is a person described in paragraph (3), (4), (5), (6) or (7) of item 7 of Schedule 1 and has made an application to be registered in the education functional constituency; or
2. the person was registered for the functional constituency corresponding to the education functional constituency in the last functional constituencies provisional register and is eligible to be registered as an elector for the education functional constituency by virtue of being a person described in paragraph (3), (4), (5), (6) or (7) of item 7 of Schedule 1.
A person is eligible to be registered as a voter for the tourism subsector if the person---
1. is a person described in paragraph (1), (2) or (3) of item 17 of Schedule 1 and has made an application to be registered for the tourism functional constituency; or
2. was registered for the functional constituency corresponding to the tourism functional constituency in the last functional constituencies provisional register and is eligible to be registered as an elector for the tourism functional constituency by reason of being a person described in paragraph (1), (2) or (3) of item 17 of Schedule 1.
A person is eligible to be registered as a voter for the hotel subsector if---
1. the person is a person described in paragraph (4) or (5) of item 17 of Schedule 1 and has made an application to be registered in the tourism functional constituency; or
2. the person was registered for the functional constituency corresponding to the tourism functional constituency in the last functional constituencies provisional register and is eligible to be registered as an elector for the tourism functional constituency by virtue of being a person described in paragraph (4) or (5) of item 17 of Schedule 1.
Subject to this section---
1. a person who is registered or applies to be registered as an elector for a functional constituency with the same name as a subsector, cannot, subject to paragraph (b), be registered only as an elector for that functional constituency and not as a voter for the subsector; and
2. a person who is registered or applies to be registered as a voter for a subsector with the same name as a functional constituency, cannot be registered only as a voter for that subsector and not as an elector for the functional constituency; and
3. a person who is registered, or has made an application to be registered, as an elector for a functional constituency with the same name as a subsector may be registered only as a voter for that subsector (whether or not the person is eligible to be registered as a voter for any other subsector), except that, if the person is eligible to be registered as a voter for any other subsector specified in item 3, 5 or 6 of Table 4 or item 1, 3, 4, 7 or 8 of Table 5, the person may choose to be registered as a voter in the first-mentioned subsector or in that other subsector; and
4. a person who ceases to be eligible to be registered as an elector for a functional constituency with the same name as a subsector ceases to be eligible to be registered as a voter for that subsector, but may, subject to paragraph (a) and subsection (8), apply to be registered as a voter for any other subsector for which the person is eligible to be registered as a voter.
A person who would, but for this subsection, be eligible to be registered as a voter for 2 or more subsectors may, subject to subsection (7), be registered as a voter for only one of those subsectors of the person's choice.
A person who is registered, or applies to be registered, as an elector for the education functional constituency by virtue of being a person described in paragraph (1) or (2) of item 7 of Schedule 1 may be registered only as a voter for the higher education subsector.
A person who is registered, or applies to be registered, as an elector for the education functional constituency by virtue of being a person described in paragraph (3), (4), (5), (6) or (7) of item 7 of Schedule 1 may be registered only as a voter for the education subsector.
A person who is eligible to be registered as a voter for both for the education subsector and the higher education subsector, may only be registered as a voter for the higher education subsector.
A person who is registered, or applies to be registered, as an elector for the tourism functional constituency by virtue of being a person described in paragraph (1), (2) or (3) of item 17 of Schedule 1 may be registered only as a voter for the tourism subsector.
A person who is registered, or applies to be registered, as an elector for the tourism functional constituency by virtue of being a person described in paragraph (4) or (5) of item 17 of Schedule 1 may be registered only as a voter for the hotel subsector.
A person who is eligible to be registered as a voter for both for the tourism subsector and the hotel subsector, may only be registered as a voter for the hotel subsector.
A person described in column 3 of Table 4 in relation to a subsector specified in item 3, 4, 5 or 6 of that Table, who---
1. is eligible to be registered as an elector under Part V of this Ordinance for a geographical constituency and has made an application to be so registered; or
2. was registered in the last geographical constituencies provisional register and is eligible to be and not disqualified from being registered as an elector for a geographical constituency,is eligible to be registered as a voter in the relevant subsector.
A member of a body specified in item 1, 2, 3, 7 or 8 of column 3 of Table 5 is not eligible to be registered as a voter for the relevant subsector, unless immediately before that member applies for registration as a voter---
1. if the member is a corporate member of a body---
  1. that member has been a member of that body for at least 12 months; and
  2. that member has been operating for at least 12 months; or
2. if the member is a natural person, the person has been a member of that body for at least 12 months.
A reference in Table 5 to an entitlement to vote at a general meeting of a body specified in that Table is a reference to an entitlement vote at such a meeting as provided by the body's constitution.
In subsection (17), the reference to the constitution of a body is a reference to the constitution either---
1. as in force at the commencement of this Ordinance; or
2. as subsequently amended or substituted, but only if the amendment or substitution has been approved in writing by the Secretary for Constitutional Affairs.
In this section---
"constitution" (章程), in relation to a body, includes articles of association and rules.

9. Corporate voter to have authorized representative

A corporate voter is required to select one eligible person to be its authorized representative for the purpose of casting its vote at an Election Committee subsector election.
A person is eligible to be an authorized representative of a corporate voter for a subsector only if the person---
1. is---
  1. registered; or
  2. is eligible to be registered as an elector for a geographical constituency and has applied to be so registered; and
2. has a substantial connection with the corporate voter; and
3. is not registered or has not made an application to be registered as a voter for the subsector; and
4. is not disqualified from registration or voting under section 31 or 53 of this Ordinance.
A person who is an authorized representative of a corporate voter is not eligible to be selected as the authorized representative of another corporate voter.
A person cannot act as an authorized representative of a corporate voter unless the person is registered as such a representative by the Electoral Registration Officer.
A corporate voter may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997). The replacement does not have effect until it is registered by the Electoral Registration Officer.
An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) by the corporate voter concerned. The application must be in writing and be in the specified form.
The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be or disqualified from being such a representative.
If a body is both an elector for a functional constituency and a voter for a subsector, it is required to appoint the same person as the authorized representative or the replacement of the authorized representative for the election for the functional constituency and the Election Committee subsector election.

10. Electoral Registration Officer to compile a
register of voters

The Electoral Registration Officer must---
1. not later than 15 February 1998, compile a subsector provisional register of voters for an Election Committee subsector election; and
2. not later than 15 March 1998, compile and publish in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), a subsector final register of voters for an Election Committee subsector election.
The Electoral Registration Officer may amend a subsector register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in such a register.

11. When final subsector register is to take effect

A subsector final register takes effect on the date of its publication. Division 3---Conduct of Election Committee elections

12. When an Election Committee subsector election is to be held

An Election Committee subsector election is to be held on the date specified by the Chief Executive by notice published in the Gazette.
The Chief Executive may specify different dates to hold different Election Committee subsector elections.

13. Who is eligible to be nominated as a candidate
at an Election Committee subsector election

A person is eligible to be nominated as a candidate at an Election Committee subsector election for a subsector only if the person---
1. has reached 18 years of age; and
2. is both registered and eligible to be registered for a geographical constituency; and
3. either---
  1. is both registered and eligible to be registered as a voter for that subsector; or
  2. satisfies the Returning Officer for the subsector that the person has a substantial connection with the subsector.
A person is not eligible to be nominated as a candidate at an Election Committee subsector election if the person is---
1. a nominee of a designated body under section 3;
2. a person referred to in section 1(7)(c)(i) or (ii) (whether or not the person is an ex-officio member); or
3. an elector of the Urban Council functional constituency or the Regional Council functional constituency.

14. When a person is disqualified from being a subsector candidate

A person is disqualified from being nominated as a candidate at an Election Committee subsector election and from being elected as a member of the Election Committee if the person---

has ceased to have a substantial connection with the subsector concerned; or
has ceased to be registered or eligible to be registered as an elector for a geographical constituency; or
has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name called) and has not either---
1. served the sentence or has undergone such other punishment as a competent authority may have substituted for the sentence; or
2. received a free pardon; or
on the date of nomination or on the date of the Election Committee subsector election, is serving a sentence of imprisonment; or
without limiting paragraph (c), where the Election Committee subsector election is to be held or is held within 3 years from the date of the person's conviction, is or has been convicted---
1. of a corrupt practice or an illegal practice (other than an illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
2. of a corrupt and illegal practice within the meaning of any other enactment providing the punishment of a corrupt or illegal practice; or
3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);
is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
is a member of the armed forces of the Central People's Government or any other country or territory.

15. Candidate to lodge deposit

A person is validly nominated as a candidate for a subsector at an Election Committee subsector election only if a deposit has, in the manner prescribed in regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), been lodged with the Returning Officer for the subsector concerned by or on behalf of the person.
The deposit is to be of such an amount as prescribed by the regulations for the purposes of this section and is to be disposed of as provided by the regulations.

16. Person not to be nominated for more than one subsector

A person who is nominated as a candidate for a subsector at an Election Committee subsector election is not eligible to be nominated as a candidate at another subsector election that is to be held on the same day or if the nomination periods for the elections coincide or partly coincide.

17. Withdrawal of subsector candidate's nomination

A candidate for a subsector may withdraw the candidate's nomination for an Election Committee subsector election at any time before the close of nominations for the election but not otherwise.
The withdrawal of a subsector candidate's nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

18. When holding of an Election Committee subsector election can be postponed or adjourned

The Chief Executive may, by order, direct the postponement of Election Committee subsector elections for all of the subsectors if, before those elections are held, the Chief Executive is of the opinion that the elections are likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any other occurrence of public danger.
The Chief Executive may, by order, direct the adjournment of the polling or counting of votes for all Election Committee subsector elections if, during the polling or counting of votes in respect of those elections, the Chief Executive is of the opinion that the polling or counting is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any other occurrence of public danger.
The Returning Officer or Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.
If the Election Committee subsector elections, or polling or counting of votes at the Election Committee subsector elections, are directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of the Election Committee subsector elections, or the polling or counting, in place of the postponed Election Committee subsector elections or the adjourned polling or counting. That date must be not later than 14 days from the date on which the election, polling or counting of votes would have taken place but for the direction.

19. What is to happen if insufficient number of candidates
is nominated for a subsector

If, after the close of nominations of candidates for an Election Committee subsector election, no more candidates have been validly nominated than the number of members allocated to the subsector, the Returning Officer concerned must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare the candidates for the subsector to be duly elected as members of the Election Committee representing the subsector.

20. How Election Committee subsector election is to be conducted

At every contested Election Committee subsector election---
1. a poll is to be taken for the subsector; and
2. voting at the poll is to be by secret ballot.
The poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
The Returning Officer appointed for a subsector is responsible for supervising an Election Committee subsector election for the subsector in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997).

21. Who is entitled to vote at an Election Committee subsector election

A person is entitled to vote at an Election Committee subsector election only if the person is registered as a voter for the subsector concerned.
A person registered as a voter for a subsector may not be prevented from voting at an Election Committee subsector election only because the person's name should not have been included in the final subsector register prepared for the subsector.
A corporate voter may vote at an Election Committee subsector election only by its authorized representative.

22. System of voting and counting of votes

Voting and counting of votes at a poll referred to in section 20 is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" system of voting). A voter may vote for as many candidates as the number of members allocated to the subsector concerned and no more.
If the subsector election is contested by more candidates than the number of members allocated to the subsector, the candidates to be elected for the subsector are those who obtain the greatest number of votes at the election and then the next greatest and so on until the required number of members is elected.
If, after the counting is finished at an Election Committee subsector election, a member or members is still to be returned for the subsector and the most successful candidates remaining have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.

23. When a voter is disqualified from voting at an
Election Committee subsector election

A person registered as a voter for a subsector is disqualified from voting at an Election Committee subsector election for that subsector, if the person---
1. has ceased to be eligible to be registered as a voter for that subsector;
2. has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name called) and has not either---
  1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
  2. received a free pardon; or
3. on the date of the relevant Election Committee Election, is serving a sentence of imprisonment; or
4. without limiting paragraph (b), where the Election Committee subsector election is to be held or is held within 3 years from the date of the person's conviction, is or has been convicted---
  1. of a corrupt practice or an illegal practice (other than an illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or
  2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or
  3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or
  4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
5. is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or
6. is a member of the armed forces of the Central People's Government or any other country or territory.
This section applies to an authorized representative of a corporate voter in the same way as it applies to a voter who is a natural person.

24. Consequences of non-compliance with requirements
of this Ordinance

In any proceedings brought to question the validity of an Election Committee subsector election, the Revising Officer must not declare the election to be invalid only because of---

a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or
a mistake in the use of a form specified under this Ordinance or under the Electoral Affairs Commission Ordinance (129 of 1997),

if the Revising Officer is satisfied on reasonable grounds that the conduct of the election was in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997) and that the failure to comply or mistake did not affect the result of the election.

25. Misnomer or inaccuracy not to affect operation
of election document

A misnomer or inaccurate description of a person, a person's identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.
This section applies to a subsector register, a nomination paper, ballot paper, notice or other document prepared for the purposes of an Election Committee subsector election.

26. Election Committee subsector election to be presumed valid

Every Election Committee subsector election is presumed to be valid, unless it is questioned by means of an appeal lodged with a Revising Officer within the period during which an appeal can be made to a Revising Officer under section 32 and the Officer, on the hearing of an appeal, determines that the election is invalid.

27. Election Committee subsector election not to be questioned only because of defect in appointment of electoral officer

An Election Committee subsector election is not to be questioned only because of a defect in the appointment of an electoral officer who is responsible for conducting the Election Committee subsector election.

28. Returning Officer to publish result of Election
Committee subsector election

The Returning Officer must publish in the Gazette the names of the persons duly elected as members of the Election Committee at an Election Committee subsector election.
The publication of a notice must be in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

29. Offences by Returning Officers and others with respect to conduct of Election Committee subsector election

Any person holding office as a Returning Officer or an Assistant Returning Officer at an Election Committee subsector election who neglects or refuses to perform the functions or duties of that office in relation to such an election commits an offence and is liable on conviction to a fine at level 2.
A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.
A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

30. Voter not to be required to disclose how vote was cast

A voter who is asked to disclose the name of, or any particulars relating to, the subsector candidate for whom the voter voted at an Election Committee subsector election is not required to answer the question.
A person must not without lawful authority, require or purport to require, a voter at an Election Committee subsector election to disclose the name of, or any particulars relating to, a subsector candidate for whom the voter voted at the Election Committee subsector election.
A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.
In this section, "voter" (投票人) includes an authorized representative of a corporate voter.

Division 4---Miscellaneous

31. Subsector candidates entitled to send
letters to voters free of postage

A validly nominated candidate at an Election Committee subsector election is entitled to send free of postage one letter addressed to each voter whose name appears in the subsector final register for the subsector for which the candidate is nominated.
Each such letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).
The cost to the Postmaster General of enabling subsector candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue.

32. Election Committee subsector election may be questioned only by appeal to Revising Officer

A person claiming to be a candidate at an Election Committee subsector election may appeal against the result to a Revising Officer in accordance with the regulations.
An appeal under subsection (1) may be lodged only during the period of 14 days following the date on which the Returning Officer has published in the Gazette the result being appealed against.
Any person whose election if questioned by an appeal under this section and the Returning Officer in respect of the Election Committee subsector election concerned may be made a respondent to the appeal.
At the hearing of the appeal, the appellant is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.
At the end of a hearing, the Revising Officer must determine whether the person whose election is questioned was or was not duly elected.
The determination of the Revising Officer on such an appeal is final.

SCHEDULE 3

[s. 84 & Sch. 2]

Savings and Transitional Provisions

1. Provisions for first provisional register after
enactment of this Ordinance

The first provisional register of electors for geographical constituencies to be compiled after the enactment of this Ordinance is to be based on the provisional register of geographical constituencies that was in force on 30 June 1997.
The first provisional register of electors for functional constituencies to be compiled after the enactment of this Ordinance is to be based on the provisional register of functional constituencies that was in force on 30 June 1997 but---
1. only in so far as that register relates to prescribed functional constituencies and those constituencies correspond to functional constituencies under this Ordinance; and
2. subject to the limitations specified in subsection (4).
For the purposes of subsection (2), the following functional constituencies (being constituencies that were specified in the column 1 of Schedule 2 to the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), as in force on 30 June 1997) are prescribed functional constituencies---
1. the Urban Council functional constituency;
2. the Regional Council functional constituency;
3. the rural functional constituency;
4. the education functional constituency;
5. the legal functional constituency;
6. the accountancy functional constituency;
7. the medical functional constituency;
8. the health services functional constituency;
9. the engineering functional constituency;
10. the architectural, surveying and planning functional constituency;
11. the labour functional constituency;
12. the social welfare functional constituency;
13. the real estate and construction functional constituency;
14. the tourism functional constituency;
15. the commercial (first) functional constituency;
16. the commercial (second) functional constituency;
17. the industrial (first) functional constituency;
18. the industrial (second) functional constituency;
19. the finance functional constituency;
20. the financial services functional constituency.
The following limitations are specified for the purposes of subsection (2)---
1. the provisional register for the prescribed functional constituency referred to in subsection (3)(c) forms the basis of the first provisional register for the Heung Yee Kuk functional constituency;
2. in its application to the labour functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(k) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the trade unions registered under the Trade Unions Ordinance (Cap. 332);
3. in its application to the social welfare functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(l) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the corporate members of The Hong Kong Council of Social Service;
4. in its application to the real estate and construction functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(m) forms the basis of the first provisional register only in relation to---
  1. natural persons who are members of The Real Estate Developers Association of Hong Kong; and
  2. the names and other relevant particulars of the corporate members of The Real Estate Developers Association of Hong Kong, The Hong Kong Construction Association, Limited and The Hong Kong E&M Contractors' Association Limited;
5. in its application to the tourism functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(n) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the corporate members of the Hong Kong Tourist Association (being travel industry members), the Travel Industry Council of Hong Kong and the Board of Airline Representatives;
6. in its application to the commercial (first) functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(o) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the corporate members of The Hong Kong General Chamber of Commerce;
7. in its application to the commercial (second) functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(p) forms the basis of the first provisional register only in relation to---
  1. natural persons who are members of The Chinese General Chamber of Commerce; and
  2. the names and other relevant particulars of the corporate members of The Chinese General Chamber of Commerce;
8. in its application to the industrial (first) functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(q) forms the basis of the first provisional register only in relation to---
  1. natural persons who are members of the Federation of Hong Kong Industries; and
  2. the names and other relevant particulars of the corporate members of the Federation of Hong Kong Industries;
9. in its application to the industrial (second) functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(r) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the corporate members of The Chinese Manufacturers' Association of Hong Kong;
10. in its application to the finance functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(s) forms the basis of the first provisional register only in relation to the names and other relevant particulars of the banks, restricted licence banks and deposit-taking companies within the meaning of the Banking Ordinance (Cap. 155);
11. in its application to the financial services functional constituency, the provisional register for the prescribed functional constituency referred to in subsection (3)(t) forms the basis of the first provisional register only in relation to---
  1. natural persons who are members of the Exchange Company within the meaning of the Stock Exchanges Unification Ordinance (Cap. 361), the Exchange Company within the meaning of the Commodities Trading Ordinance (Cap. 250) or The Chinese Gold & Silver Exchange Society; and
  2. the names and other relevant particulars of the corporate members of the Exchange Company within the meaning of the Stock Exchanges Unification Ordinance (Cap. 361), the Exchange Company within the meaning of the Commodities Trading Ordinance (Cap. 250) or The Chinese Gold & Silver Exchange Society;
12. the names and other relevant particulars of the insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap. 41) in the provisional register for the prescribed functional constituency referred to in subsection (3)(t) forms the basis of the first provisional register only in relation to the insurance functional constituency.
Before publishing the first provisional register, the Electoral Registration Officer must---
1. after scrutinising the provisional registers referred to in subsections (1) and (2), strike out the names and other relevant particulars of all persons who appear to that Officer not to be eligible to be registered as electors under this Ordinance; and
2. in the case of persons whose names and other relevant particulars are struck from the provisional register referred to in subsection (1), enter on an omissions list the names and other relevant particulars of those persons.
As soon as practicable after complying with subsection (5), the Electoral Registration Officer must publish---
1. in the Gazette; and
2. in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), a notice to the effect that a list of persons who are not eligible to be registered as electors has been prepared and specifying the times and the place at which the omissions list may be inspected.
The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997)---
1. keep at that Officer's office the omissions list referred to in subsection (5)(b); and
2. during the ordinary business hours of that office, make the list available for inspection by members of the public, free of charge.

SCHEDULE 4

[s. 85]

Consequential Amendment of Other Ordinances

PART 1
Prevention of Bribery Ordinance

Item

Provision affected

Amendment

Section 33

Repeal the section and substitute---

"33. Effect of conviction of an offence
under this Ordinance

Any person convicted of an offence under Part II of this Ordinance shall, by reason of such conviction, be disqualified for a period of 5 years from the date of such conviction from---

being elected as a Member of the Legislative Council; or
being or being elected or appointed as a member of the Executive Council, the Urban Council, the Regional Council and any other public body, other than a public body specified in the Schedule.".

2.Schedule

Repeal

item 67.

PART 2

Independent Commission Against Corruption Ordinance

Item	Provision affected	Amendment
1.	Section 10(5)	Repeal paragraph (ea) and substitute---

"(ea) any offence under regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);".

PART 3

Corrupt and Illegal Practices Ordinance

Item	Provision affected	Amendment
1.	Section 2	Repeal the definition of "Boundary and Election Commission".
2.	Section 2, definition of "candidate"	Repeal "election to any body to which this Ordinance is applied by section 3" and substitute "an election to which this Ordinance applies".
3.	Section 2	Repeal the definition of "Designated Officer" and substitute--- ""Designated Officer" (指定人員) means---
		(a)	in relation to, or to a matter arising from an election to the Urban Council or the Regional Council, the Secretary of that Council; and
		(b)	in relation to, or to a matter arising from an election in a District in the Urban Council area or a District in the Regional Council area, the Director of Home Affairs;".
4.	Section 2, definition of "election"	Repeal "to any body to which this Ordinance is applied by section 3" and substitute "to which this Ordinance applies".
5.	Section 2, definition of "election agent"	Repeal "made under section 7 of the Boundary and Election Commission Ordinance (Cap. 432)" and substitute "in force under the Electoral Affairs Commission Ordinance (129 of 1997)".
6.	Section 2	Repeal the definitions of "election petition" and "elector" and substitute--- ""election petition" (選舉呈請書) means an election petition lodged under Part VII of the Legislative Council Ordinance (134 of 1997); "elector" (選民)---
		(a)	in relation to an election to elect a Member of the Legislative Council, means an elector as defined by section 3 of the Legislative Council Ordinance (134 of 1997); and
		(b)	in relation to an election to elect a member of the Election Committee, means a voter as defined by section 7 of Schedule 2 to that Ordinance; and
		(c)	in relation to an election of the Executive Committee of a Rural Committee and the election of the Chairman and Vice-chairman of a Rural Committee, means a member of the general assembly of the Rural Committee;".
7.	Section 2	Add--- ""Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by the Electoral Affairs Commission Ordinance (129 of 1997); "Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region;".
8.	Section 2	Repeal the definition of "returning officer" and substitute--- ""returning officer" (選舉主任)---
		(a)	in relation to an election to elect a Member of the Legislative Council, means a Returning Officer as defined by section 3 of the Legislative Council Ordinance (134 of 1997); and
		(b)	in relation to an election to elect a representative member, a member of the Executive Committee of a Rural Committee, or the Chairman and Vice-chairman of a Rural Committee, means the District Officer who is the returning officer for the election;".
9.	Section 3	Repeal subsection (1) and substitute--- "(1) This Ordinance applies to and in relation to---
		(a)	the Legislative Council and to a general election to elect Members, and a by-election to fill a vacancy in the membership, of that Council; and
		(b)	an election to elect members of the Election Committee established under the Legislative Council Ordinance (134 of 1997); and
		(c)	the Urban Council and an election to elect members of that Council; and
		(d)	the Regional Council and an election to elect members of that Council; and
		(e)	A District Board and an election to elect members of such a Board and an election by members of such a Board to elect a representative member of the Urban Council or the Regional Council; and
		(f)	the Heung Yee Kuk and an election to elect members of that body;
		(g)	any other body to which this Ordinance is applied by another enactment or by a resolution of the Legislative Council and an election to elect the members of the body.".
10.	Section 3(2)	Repeal "shall apply to" and substitute "applies to and in relation to".
11.	Section 6	Repeal "Legislative Council (Electoral Provisions) Ordinance (Cap. 381)" and substitute "Legislative Council Ordinance (134 of 1997)".
12.	Section 9 (a)	Repeal subsection (1) and substitute---
		"(1)		Where upon the hearing of an election petition relating to an election to become a Member of the Legislative Council, it is found by the certificate or report of the Court made in pursuance of the appropriate section of the relevant Ordinance, that any corrupt practice has been proved to have been committed in reference to the election questioned by such petition by or with the knowledge and consent of any candidate at such election, that candidate shall not, for 5 years from the date of that certificate or report (as the case may be), be capable of---
				(a)	being elected as a Member of the Legislative Council; or
				(b)	holding office as an officer or servant of that Council, and he shall further be subject to the same incapacities as if at the date of the said certificate or report he had been convicted of a corrupt practice.
		(1A)		Where upon the hearing of an election petition relating to an election to become a member of a body other than the Legislative Council, it is found by the certificate or report of the Court made in pursuance of the appropriate section of the relevant Ordinance, that any corrupt practice has been proved to have been committed in reference to the election questioned by such petition by or with the knowledge and consent of any candidate at such election, that candidate shall not, for 5 years from the date of that certificate or report (as the case may be), be capable of being elected or of holding office as a member, officer or servant of that body, and he shall further be subject to the same incapacities as if at the date of the said certificate or report he had been convicted of a corrupt practice.".
				(b)	In subsection (2), repeal "Boundary and Election Commission" where it twice appears and substitute "Electoral Affairs Commission".
				(c)	Repeal subsection (3) and substitute---
		"(3)		If the report is that any candidate for election to the Legislative Council has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall be incapable of---
				(a)	being elected as a Member of the Legislative Council; or
				(b)	holding office as an officer or servant of that Council, during a period of 5 years from the date of the report.
		(3)A		If the report is that any candidate for election to a body other than the Legislative Council has been guilty by his agents of a corrupt practice in reference to such election, that candidate shall be incapable of being elected or of holding office as a member, officer or servant of that body during a period of 5 years from the date of the report.".
13.	Section 12(1)	Repeal "made under section 7 of the Boundary and Election Commission Ordinance (Cap. 432)" and substitute "in force under the Electoral Affairs Commission Ordinance (129 of 1997)".
14.	Section 14(2)	Repeal "made under section 7 of the Boundary and Election Commission Ordinance (Cap. 432)" and substitute "in force under the Electoral Affairs Commission Ordinance (129 of 1997)".
15.	Section 24	Repeal the section and substitute--- "24.Incapacity of candidate reported guilty of illegal practice
		(1)		Where upon the hearing of an election petition relating to an election to become a Member of the Legislative Council, it is found by the certificate or report of the Court made in pursuance of the relevant Ordinance that any illegal practice, other than an offence contrary to section 19 of this Ordinance, has been proved to have been committed in reference to the election questioned by or with the knowledge and consent of any candidate at such election, the candidate shall be incapable of---
				(a)	being elected as a Member of the Legislative Council; or
				(b)	holding office as an officer or servant of that Council,during a period of 5 years from the date of that certificate or report (as the case may be).
		(2)		Where upon the hearing of an election petition relating to an election to become a member of a body other than the Legislative Council, it is found by the certificate or report of the Court made in pursuance of the relevant Ordinance that any illegal practice, other than an offence contrary to section 19 of this Ordinance, has been proved to have been committed in reference to the election questioned by or with the knowledge and consent of any candidate at such election, the candidate shall be incapable of being elected or of holding office as a member, officer or servant of that body during a period of 5 years from the date of that certificate or report (as the case may be).".
16.	Section 29	Repeal "Boundary and Election Commission" wherever it appears and substitute "Electoral Affairs Commission".
17.	Section 29A	Repeal "Boundary and Election Commission" wherever it appears and substitute "Electoral Affairs Commission".

PART 4

Federation of Hong Kong Industries Ordinance

Item	Provision affected	Amendment
1.	Section 45(5)	Repeal everything after "vote under" and substitute "item 20 of Schedule 1 to the Legislative Council Ordinance (134 of 1997), the exercise of those powers does not take effect until the Secretary for Constitutional Affairs has given his written approval.".