PART 4

1. Entitlement to vote at general meeting of body

  1. 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.

  2. 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.

  3. 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

  1. The Election Committee is to consist of 800 members, who must be permanent residents of Hong Kong.

  2. The membership of the Election Committee (other than ex-officio members) is to be determined in accordance with the procedures specified in this Schedule.

  3. The members of the Election Committee are to be representative of 4 sectors, with each sector being represented by 200 members.

  4. The sectors are to be composed of the subsectors specified in Tables 1, 2, 3 and 4.

  5. 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.

  6. 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.

  7. 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.

  8. 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).

  9. 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.

  10. 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.

  11. 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.

  12. 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

  1. 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.

  2. 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.

  3. 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

  1. 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.

  2. 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---

  1. 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

  2. on the date of nomination, is serving a sentence of imprisonment; or

  3. 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

  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.
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

  1. 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.

  2. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. In this section---

    "constitution" (章程), in relation to a body, includes articles of association and rules.

9. Corporate voter to have authorized representative

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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

  1. 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.

  2. 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

  1. An Election Committee subsector election is to be held on the date specified by the Chief Executive by notice published in the Gazette.

  2. 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

  1. 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.

  2. 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---

  1. has ceased to have a substantial connection with the subsector concerned; or

  2. has ceased to be registered or eligible to be registered as an elector for a geographical constituency; or

  3. 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

  4. on the date of nomination or on the date of the Election Committee subsector election, is serving a sentence of imprisonment; or

  5. 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);

  6. 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

  7. is a member of the armed forces of the Central People's Government or any other country or territory.

15. Candidate to lodge deposit

  1. 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.

  2. 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

  1. 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.

  2. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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.

  2. The poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

  3. 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

  1. 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.

  2. 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.

  3. A corporate voter may vote at an Election Committee subsector election only by its authorized representative.

22. System of voting and counting of votes

  1. 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.

  2. 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.

  3. 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

  1. 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.

  2. 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---

  1. a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

  2. 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

  1. 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.

  2. 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

  1. 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.

  2. 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

  1. 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.

  2. A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.

  3. 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

  1. 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.

  2. 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.

  3. A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

  4. 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

  1. 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.

  2. 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).

  3. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. At the end of a hearing, the Revising Officer must determine whether the person whose election is questioned was or was not duly elected.

  6. 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

  1. 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.

  2. 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).

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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
1. 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---

  1. being elected as a Member of the Legislative Council; or

  2. 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.".