| 1. |
Short title and commencement |
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(1) This Ordinance may be cited as the District Boards (Amendment)
Ordinance 1997.
(2) This Ordinance comes into operation on 1 July 1997. |
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| 2. |
Long title amended |
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The long title to the District Board Ordinance (Cap. 366) is amended
by adding "Provisional" before "District". |
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| 3. |
Short title amended |
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The short title is amended by adding "Provisional" before "District". |
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| 4. |
Interpretation |
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Section 2 is amended -
(a) in the definition of "Board", by adding "Provisional" before "District";
(b) by repealing the definition of "Boundary and Election Commission";
(c) in the definition of "Chairman", by repealing "under Part III";
(d) in the definition of "Designated Officer", by adding "Provisional"
before "District Board" where it appears twice;
(e) by repealing the definition of "elected member";
(f) by repealing the definition of "ex officio member";
(g) by repealing the definition of "member" and substituting -
""member" (議員) means a member of a Board appointed by the Chief Executive
under section 6(1);";
(h) by repealing the definition of "ordinary election";
(i) in the definition of "Regional Council area", by adding "Provisional"
before "Regional" where it appears a second time;
(j) in the definition of "Urban Council area", by adding "Provisional"
before "Urban" where it appears a second time;
(k) by adding -
""established office" (設定職位) means an office within the meaning of
paragraph (a) of the definition of "established office" under the Pensions
Benefits Ordinance (Cap. 99);
"judicial office" (司法職位) has the meaning in the Public Service Commission
Ordinance (Cap. 93);
"non-established office" (非設定職位) means an office in the public service
that is not an established office;"
"office of emolument" (受薪職位) does not include the office of Chairman,
Vice-Chairman or the Chairman of a committee of the Provisional Urban Council
or the Provisional Regional Council or the Chairman or the Chairman of
a committee of a Provisional District Board;". |
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| 5. |
Declaration of Districts |
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(1) Section 3(1A) is repealed and the following substituted -
"(1A) The Chief Executive in Council may, by order published in the Gazette,
set the number of Districts to be declared and specify the name for each
proposed District."
(2) Section 3(2) is amended by repealing "and that of the Boundary and
Election Commission".
(3) Section 3(3) is repealed and the following substituted -
"(3) A map certified by the Designated Officer as a true copy of a map
delineating the area of a District is proof of the area of the District.".
(4) Section 3(4) is repealed and the following substituted -
"(4) A map purporting to be certified by the Designated Officer as a true
copy of a map delineating the area of a District is admissible in evidence
in any proceedings before a court and in the absence of evidence to the
contrary is presumed to be certified by the Designated Officer.".
(5) Section 3(6) is repealed. |
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| 6. |
Establishment |
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Section 5(1) is amended by adding "Provisional" before "District Board". |
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| 7. |
Total number of elected members |
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Sections 5A is repealed. |
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| 8. |
Composition of Board |
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(1) Section 6(1) is repealed and the following substituted -
"(1) A Board consists of not more than 40 members appointed by the Chief
Executive for the term set out in their appointment but not later than
31 December 1999.
(1A) A person does not become a member and cannot undertake any function
as a member until he has sworn acceptance of office in the form set out
in Schedule 1.
(1B) A person must swear the acceptance within the time specified in the
appointment otherwise the appointment lapses.".
(2) Section 6(3) is repealed. |
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| 9. |
Sections repealed and substituted |
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Sections 7, 8 and 9 are repealed and the following substituted -
"7. Disqualification from appointment
(1) A person is disqualified from being appointed or from holding office
as a member if he -
(a) holds an established office;
(b) holds a non-established office;
(c) holds a judicial office;
(d) holds an office of emolument in the gift or disposal of the Provisional
Legislative Council, Provisional Urban Council or Provisional Regional
Council or a committee of one of the Councils;
(e) is the
(i) Chairman of the Public Service Commission appointed under section 3
of the Public Service Commission Ordinance (Cap. 93);
(ii) Commissioner of the Independent Commission Against Corruption, Deputy
Commissioner or an officer appointed under the Independent Commission Against
Corruption Ordinance (Cap. 204); or
(iii) Commissioner for Administrative Complaints appointed under section
3 of the Commissioner for Administrative Complaints Ordinance (Cap. 397)or
a person appointed by the Commissioner under section 6 of the Commissioner
for Administrative Complaints Ordinance (Cap. 397);
(f) has in Hong Kong or any other place been sentenced to death or imprisonment
for a term exceeding 3 months and has not either suffered the punishment
or received free pardon;
(g) has been convicted of treason;
(h) is disqualified from being appointed or holding office as an appointed
member under any Ordinance;
(i) is a salaried functionary of a government of any place outside
Hong Kong, or is a member-
(i) of a parliament, assembly or council, whether central or local, of
any place other than the People's Republic of China; or
(ii) of a legislature, assembly or council of Taiwan;
(j) is an undischarged bankrupt or, within the previous 5 years, has either
obtained his discharge in bankruptcy or has entered into a composition
with his creditors, in either case without paying his creditors in full;
(k) is subject to a decision under the Mental Health Ordinance (Cap. 136)
that he is of unsound mind and incapable of managing himself and his affairs;
(l) without prejudice to paragraph (f), has, where the appointment is to
be made within 10 years from the date of conviction, has been convicted
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(i) of an offence in Hong Kong or any other place been sentenced to imprisonment
for a term exceeding 3 months without the option of a fine;
(ii) of a corrupt or illegal practice within the meaning of the Corrupt
and Illegal Practices Ordinance (Cap. 288), other than the illegal practice
of contravening section 19(2) of that Ordinance, or of a corrupt or illegal
practice within the meaning of any other Ordinance for the time being in
force providing for punishment of corrupt or illegal practices;
(iii) of an offence under the Prevention of Bribery Ordinance( Cap. 201);
or
(m) having been appointed, does not attend at least one meeting of the
Board in every 6 consecutive months without the prior approval of the Board.
(2) Subsection (1)(k) does not prevent a person from being appointed if
subsequently his unsoundness of mind is found to have ceased.". |
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| 10. |
Non-acceptance of office by members |
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Section 11 is repealed. |
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| 11. |
Resignation of a member |
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Section 12(1) is amended by repealing "An elected" and substituting
"A". |
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| 12. |
Publication of notice of vacancy |
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Section 14 is repealed and the following substituted -
"14. Publication of notice of vacancy
The Designated Officer is to give notice in the Gazette if a member dies,
resigns or becomes ineligible to be a member for any reason.". |
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| 13. |
Board to elect Chairman |
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Section 15 is repealed. |
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| 14. |
Validity of acts of a Board or committee |
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Section 23 is amended by repealing "election or". |
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| 15. |
Proceedings against persons on grounds of disqualification |
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(1) Section 26(4) is amended by repealing from and including "an elector"
to the end of the subsection and substituting "the Secretary of Justice".
(2) Section 26(5) and (6) is repealed. |
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| 16. |
Section added |
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The following section is added -
"27. Savings and transitional provisions on the establishment of Provisional District Boards
(1) The standing orders and rules of procedure, the appointment of secretary
and committees and the delegation of functions and duties to the committees
of each of the District Boards immediately before 1 July 1997 apply to
the corresponding Provisional District Board subject to the changes that
the Provisional District Board may make and the changes that may be necessarily
implied arising out of the change in name of and composition in the membership
of the Provisional District Board.
(2) The Districts specified in Schedule 2 are the Districts for the purposes
of section 3. The Provisional District Boards specified for each of the
Districts are taken to have been established on the date set out in Schedule
2 for the purposes of section 5.
(3) A contract entered into and in force immediately before 1 July 1997
that refers to a District Board continues in force and is construed as
if the relevant Provisional District Board is substituted for the District
Board.". |
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| 17. |
Part added |
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The following Part is added -
"PART VI
TRANSITIONAL ARRANGEMENTS FOR THE PROVISIONAL DISTRICT BOARDS
28. Election of first Chairman
(1) The Director of Home Affairs is to make arrangements for the first
meeting of the members of each of the Provisional District Boards before
7 July 1997.
(2) The purpose of the first meeting is to elect a Chairman of the Provisional
District Board.
(3) The election of the Chairman is to be in accordance with the voting
procedure set out in Schedule 3.
(4) The person elected under this section takes office as Chairman on delivery
to the District Officer of a completed acceptance of office in the appropriate
form in Schedule 1. The Chairman holds office until his appointment expires
or is otherwise terminated.
(5) On assuming office the Chairman may summon a meeting of the Provisional
District Board to be held on or before 31 July 1997. He may give such notice
of the meeting as he considers appropriate. The accidental omission to
give notice of the meeting to a member does not affect the validity of
the meeting.
(6) If a meeting referred to in this section do not take place before the
appointed time, the Chief Executive may appoint another date by notice
in the Gazette. This section applies to a meeting held on the date appointed
by the Chief Executive.
29. Transitional references to District Board
A reference to "District Board" in an Ordinance is construed as a reference
to the relevant Provisional District Board unless the context otherwise
requires.". |
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| 18. |
Schedules added |
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The following Schedules are added -
PROVISIONAL DISTRICT BOARD
Acceptance of Office
I, ................................................................................................
of ...............................................................................................
swear that -
(a) I take the office as a **member/Chairman of the *.........................
Provisional District Board upon myself and will duly and faithfully fulfill
the duties of the office according to the best of my ability;
(b) I will uphold the Basic Law; and
(c) my allegiance is to the Hong Kong Special Administrative Region
of the People's Republic of China.
Sworn this .......................... day of ..........................................
19............
Signature .................................
This acceptance was sworn before me a ** Magistrate/Commissioner for Oaths.
Signature .................................
* Complete as appropriate.
** Delete whichever is inapplicable.
ESTABLISHMENT OF PROVISIONAL DISTRICT BOARDS
| Item |
Name of District |
Name of Provisional District Board |
Date of Establishment |
| 1. |
Central and Western District |
Central and Western Provisional District Board |
1 July 1997 |
| 2. |
Eastern District |
Eastern Provisional District Board |
1 July 1997 |
| 3. |
Kowloon City District |
Kowloon City Provisional District Board |
1 July 1997 |
| 4. |
Kwun Tong District |
Kwun Tong Provisonal District Board |
1 July 1997 |
| 5. |
Sham Shui Po District |
Sham Shui Po Provisional District Board |
1 July 1997 |
| 6. |
Southern District |
Southern Provisional District Board |
1 July 1997 |
| 7. |
Wan Chai District |
Wan Chai Provisional District Board |
1July 1997 |
| 8. |
Wong Tai Sin District |
Wong Tai Sin Provisional District Board |
1 July 1997 |
| 9. |
Yau Tsim Mong District |
Yau Tsim Mong Provisional District Board |
1 July 1997 |
| 10. |
Islands District |
Islands Provisional District Board |
1 July 1997 |
| 11. |
Kwai Tsing District |
Kwai Tsing Provisional District Board |
1 July 1997 |
| 12. |
North District |
North Provisional District Board |
1 July 1997 |
| 13. |
Sai Kung District |
Sai Kung Provisional District Board |
1 July 1997 |
| 14. |
Sha Tin District |
Sha Tin Provisional District Board |
1 July 1997 |
| 15. |
Tai Po District |
Tai Po Provisional District Board |
1 July 1997 |
| 16. |
Tsuen Wan District |
Tsuen Wan Provisional District Board |
1 July 1997 |
| 17. |
Tuen Mun District |
Tuen Mun Provisional District Board |
1 July 1997 |
| 18. |
Yuen Long District |
Yuen Long Provisional District Board |
1 July 1997 |
VOTING PROCEDURE UNDER SECTION 28(3)
1. The election of the Chairman is conducted by one or more secret ballots
held among those present and entitled to vote at the election and according
to this Schedule. If only one candidate is nominated, the candidate is
taken as elected as Chairman.
2. A candidate who receives an absolute majority of votes is elected.
3. If there are 2 or more candidates (either initially or after elimination
ballots) and each receives an equal number of votes, a further ballot is
to be held.
4. If a further ballot is held under paragraph 3 and the candidates receive
an equal number of votes, they draws lots to determine which candidate
is elected.
5. If there are more than 2 candidates and no candidate receives an absolute
majority of votes -
(a) the candidate who receives the least number of votes retires following
which a further ballot is held for the remaining candidates;
(b) if 2 or more candidates receive an equal number of votes and that number
is the least number of votes for a candidate, a separate ballot is held
for those candidates, and the candidate who receives the least votes retires
following which a further ballot is held for the remaining candidates.
6. If a separate ballot is held under paragraph 5(b) and the same candidates
receive an equal number of votes, the candidates draw lots to determine
who retires following which a further ballot is held for the remaining
candidates.".
Consequential amendments
Declaration of Number of Proposed Districts and Specification of District
Names Order
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| 19. |
Effect of order |
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Section 3 of the Declaration of Number of Proposed Districts and Specification
of District Names Order (Cap. 366, sub. leg.) is repealed.
Declaration of Districts Order 1994
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| 20. |
Interpretation |
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Section 2 of the Declaration of Districts Order 1994 (Cap. 366, sub.
leg.) is amended -
(a) by repealing the definition of "approved map" and substituting the
following -
""approved map" ( 獲批准地圖 ), in relation to a District, means a map
signed by the Director of Home Affairs and deposited in the office of the
Director of Home Affairs, specified in column 3 of the Schedule and identified
by reference to a plan number (Plan No.) prefixed "D.B.";
(b) by repealing the definition of "the Specification". |
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| 21. |
Effect of Order
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Section 4 is repealed. |
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| 22. |
Saving and transitional |
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Section 5 is repealed.
Declaration of Numbers of Elected Members of
District Boards Order 1994
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| 23. |
Order repealed |
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The Declaration of Numbers of Elected Members of District Boards Order
1994 (Cap. 366, sub. leg.) is repealed.
District Boards (Date of Establishment) Specification 1994
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| 24. |
Specification repealed |
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The District Boards (Date of Establishment) Specification 1994 (Cap.
366, sub. leg.) is repealed.
Explanatory memorandum
This Bill provides for the establishing of Provisional District Boards
to operate in place of the District Boards. Membership of the Provisional
District Boards will be by appointment of the Chief Executive. The term
of appointment is limited to 31 December 1999.
2. Clauses 2 to 7, 9 to 16 and 19 to 24 are consequential upon the creation
of appointed Provisional District Boards.
3. Clause 8 provides for the composition of the Provisional District Boards,
setting the size of each of the Boards at not more than 40 members so that
the existing District Boards may be expanded by about 25% having regard
to the physical constraints in existing facilities. The clause also requires
members to swear an acceptance in the form set out in the Schedule.
4. Clause 17 adds a new Part VI which provides for the convening of the
first meeting of the Provisional District Boards by 7 July 1997 to elect
the Chairman.
5. Clause 18 adds 3 Schedules. The first contains the acceptance of office
that includes an undertaking to uphold the Basic Law and sworn allegiance
to the Hong Kong Special Administrative Region. The second is a list of
Districts and Provisional District Board names. The third Schedule contains
the voting provisions for the election of the first Chairman for each of
the Provisional District Boards. |
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