Legislative Council (Amendment) Bill 1999




Amend the Legislative Council Ordinance.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Legislative Council (Amendment) Ordinance 1999.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Constitutional Affairs by notice published in the Gazette.

2. Interpretation

Section 3 of the Legislative Council Ordinance (Cap. 542) is amended---

(a) in subsection (1)---

(i) in the definition of "corporate member", by repealing everything after "in relation to a" and substituting "body specified in sections 20A to 20ZB, means a body that is a member of the specified body;";

(ii) in the definition of "functional constituency", by repealing "Schedule 1" and substituting "section 20(1)";

(iii) by adding---

""advance poll" (預先投票) means a poll held in advance of the general polling day for a general
election, and "advance polling" (預先投票) is to be construed accordingly;

"advance polling day" (預先投票日), in relation to a general election, means the date on which
advance polling is held for the election;

"general polling day" (一般投票日), in relation to a general election, means the following date on
which polling is held for the election---

(a) a date specified under section 6(1), 7(1) or 8; or

(b) (if the general election or the polling at the general election is postponed or adjourned) a date specified under section 44(4) or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) for holding a general election or a poll after the postponement or adjournment;

"poll" (投票), except in sections 47 and 50 to 52, does not include an advance poll, and "polling"
(投票), except in section 61, does not include advance polling;";

(b) in subsection (2)(b)(ii), by repealing "corporate";

(c) by adding---

"(2A) For the purposes of this Ordinance, a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this subsection---

(a) the reference to the constitution of a body is a reference to the constitution either---

(i) as in force at the commencement of this Ordinance; or

(ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to---

(A) the objects of the body; or

(B) the criteria and conditions of membership of the body; or

(C) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional Affairs; and

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

3. Terms of office of Legislative Council

Section 4 is amended---

(a) by repealing subsection (2);

(b) in subsection (3), by repealing "subsequent".

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

Section 5 is repealed.

5. Chief Executive to specify dates
for holding general elections

Section 6(1) is amended by repealing "the second and each subsequent" and substituting "each".

6. Section added

The following is added---

"8A. Chief Executive may specify dates for holding advance polling for general elections

(1) The Chief Executive may, by notice published in the Gazette, specify a date or dates for holding advance polling for a general election.

(2) A date specified for the purposes of subsection (1) must be within 15 days before the general polling day for the election.".

7. Chief Executive to convene ordinary sessions of Legislative Council

Section 9(1) is amended by repealing ", beginning with the year 1998".

8. First meeting of each term of office of Legislative Council

Section 10 is amended---

(a) in subsection (1), by repealing "the first term" and substituting "each term";

(b) in subsection (2), by repealing "first" and substituting "relevant";

(c) by repealing subsections (3) to (5).

9. Acceptance of office as a Member

Section 13(4) is amended by repealing "14" and substituting "21".

10. Establishment of geographical constituencies

Section 18(1) is amended by repealing "first" and substituting "second".

11. Number of Members to be returned for geographical constituency

Section 19(1) and (2) is repealed and the following substituted---

"(1) For the second term of office of the Legislative Council, 24 Members are to be returned for all geographical constituencies.

(2) The number of Members to be returned for each geographical constituency at the general election for the second term of office of the Legislative Council is to be a number, not less than 4 nor greater than 6, specified in the order declaring the area of constituency in accordance with section 18(2).".

12. Section substituted

Section 20 is repealed and the following substituted---

"20. Establishment of functional constituencies

(1) For the second term of office of the Legislative Council, the following functional constituencies are established for the purposes of this Ordinance---

(a) the Heung Yee Kuk functional constituency;

(b) the agriculture and fisheries functional constituency;

(c) the insurance functional constituency;

(d) the transport functional constituency;

(e) the education functional constituency;

(f) the legal functional constituency;

(g) the accountancy functional constituency;

(h) the medical functional constituency;

(i) the health services functional constituency;

(j) the engineering functional constituency;

(k) the architectural, surveying and planning functional constituency;

(l) the labour functional constituency;

(m) the social welfare functional constituency;

(n) the real estate and construction functional constituency;

(o) the tourism functional constituency;

(p) the commercial (first) functional constituency;

(q) the commercial (second) functional constituency;

(r) the industrial (first) functional constituency;

(s) the industrial (second) functional constituency;

(t) the finance functional constituency;

(u) the financial services functional constituency;

(v) the sports, performing arts, culture and publication functional constituency;

(w) the import and export functional constituency;

(x) the textiles and garment functional constituency;

(y) the wholesale and retail functional constituency;

(z) the information technology functional constituency;

(za) the catering functional constituency;

(zb) the District Council functional constituency.

(2) The functional constituencies are constituted as provided by sections 20A to 20ZB.".

13. Sections added

The following are added---

"20A. Composition of the Heung Yee Kuk
functional constituency

The Heung Yee Kuk functional constituency is composed of the Chairman and Vice-Chairmen of the Heung Yee Kuk and the Ex Officio, Special and Co-opted Councillors of the Full Council of the Kuk.

20B. Composition of the agriculture and
fisheries functional constituency

The agriculture and fisheries functional constituency is composed of---

(a) corporate members of each of the following bodies---

(i) Federation of Vegetable Marketing Co-operative Societies, Limited;

(ii) Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Ltd.;

(iii) The Joint Association of Hong Kong Fishermen;

(iv) Federation of Hong Kong Aquaculture Associations;

(v) The Federation of Fishermen's Co-operative Societies of Shau Kei Wan District, Limited;

(vi) The Federation of Fishermen's Co-operative Societies of Tai Po District, N.T., Limited;

(vii) The Federation of Fishermen's Co-operative Societies of Sai Kung District, Limited;

(viii) The Federations of Fishermen's Co-operative Societies of Southern District, Limited; and

(b) the bodies named in Schedule 1.

20C. Composition of the insurance
functional constituency

The insurance functional constituency is composed of bodies that are insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap. 41).

20D. Composition of the transport functional constituency

The transport functional constituency is composed of the bodies named in Schedule 1A.

20E. Composition of the education functional constituency

The education functional constituency is composed of---

(a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions---

(i) institutions of higher education funded through the University Grants Committee;

(ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap. 320);

(iii) technical colleges established under the Vocational Training Council Ordinance (Cap. 1130);

(iv) The Hong Kong Academy for Performing Arts;

(v) The Open University of Hong Kong; and

(b) members of each of the following bodies---

(i) Council of the University of Hong Kong;

(ii) Council of The Chinese University of Hong Kong;

(iii) Council of The Hong Kong University of Science and Technology;

(iv) Council of the City University of Hong Kong;

(v) Council of The Hong Kong Polytechnic University;

(vi) Council of The Hong Kong Academy for Performing Arts;

(vii) Council of The Open University of Hong Kong;

(viii) Council of the Vocational Training Council;

(ix) Council of The Hong Kong Institute of Education;

(x) Council of the Hong Kong Baptist University;

(xi) Board of Governors of the Lingnan College;

(xii) Board of Governors of the Hong Kong Shue Yan College; and

(c) registered teachers registered under the Education Ordinance (Cap. 279); and

(d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap. 279); and

(e) teachers and principals of schools entirely maintained and controlled by the Government; and

(f) persons whose principal or only employment is that of full-time teaching with the following institutions---

(i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap. 1130);

(ii) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap. 317);

(iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap. 318);

(iv) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped;

(v) Caritas Lok Mo Vocational Training Centre of the Caritas--- Hong Kong under the Caritas--- Hong Kong Incorporation Ordinance (Cap. 1092); and

(g) registered managers of schools registered under the Education Ordinance (Cap. 279).

20F. Composition of the legal functional constituency

The legal functional constituency is composed of---

(a) members of The Law Society of Hong Kong entitled to vote at general meetings of the Society; and

(b) members of the Hong Kong Bar Association entitled to vote at general meetings of the Association; and

(c) legal officers within the meaning of the Legal Officers Ordinance (Cap. 87); and

(d) persons appointed under section 3 of the Legal Aid Ordinance (Cap. 91); and

(e) 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); and

(f) the Legal Adviser of the Legislative Council Secretariat and his or her assistants who are in the full-time employment of The Legislative Council Commission and are barristers or solicitors as defined in the Legal Practitioners Ordinance (Cap. 159).

20G. Composition of the accountancy functional constituency

The accountancy functional constituency is composed of professional accountants registered under the Professional Accountants Ordinance (Cap. 50).

20H. Composition of the medical functional constituency

The medical functional constituency is composed of---

(a) medical practitioners registered or deemed to be registered under the Medical Registration Ordinance (Cap. 161); and

(b) dentists registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance (Cap. 156).

20I. Composition of the health services functional constituency

The health services functional constituency is composed of---

(a) chiropractors registered under the Chiropractors Registration Ordinance (Cap. 428); and

(b) members of the Hong Kong Chiropractors' Association entitled to vote at general meetings of the Association; and

(c) nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap. 164); and

(d) midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap. 162); and

(e) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap. 138); and

(f) medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg.); and

(g) radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg.); and

(h) 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); and

(i) occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg.); and

(j) optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg.); and

(k) dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap. 156 sub. leg.); and

(l) audiologists, audiology technicians, chiropodists, dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions---

(i) public hospitals within the meaning of the Hospital Authority Ordinance (Cap. 113);

(ii) hospitals registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165);

(iii) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong;

(iv) services subvented by the Government.

20J. Composition of the engineering functional constituency

The engineering functional constituency is composed of---

(a) professional engineers registered under the Engineers Registration Ordinance (Cap. 409); and

(b) members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution.

20K. Composition of the architectural, surveying and planning functional constituency

The architectural, surveying and planning functional constituency is composed of---

(a) architects registered under the Architects Registration Ordinance (Cap. 408); and

(b) members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute; and

(c) landscape architects registered under the Landscape Architects Registration Ordinance (Cap. 516); and

(d) members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute; and

(e) professional surveyors registered under the Surveyors Registration Ordinance (Cap. 417); and

(f) members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute; and

(g) professional planners registered under the Planners Registration Ordinance (Cap. 418); and

(h) members of the Hong Kong Institute of Planners entitled to vote at general meetings of the Institute.

20L. Composition of the labour functional constituency

The labour functional constituency is composed of bodies that are trade unions registered under the Trade Unions Ordinance (Cap. 332) of which all the voting members are employees.

20M. Composition of the social welfare functional constituency

(1) The social welfare functional constituency is composed of---

(a) social workers registered under the Social Workers Registration Ordinance (Cap. 505); and

(b) corporate members of the Hong Kong Council of Social Service entitled to vote at general meetings of the Council; and

(c) exempted societies within the meaning of the Societies Ordinance (Cap. 151) that have been operating with paid employees to provide service on a regular basis in accordance with the following aims for a period of 12 months immediately before making the application for registration as an elector---

(i) to promote the co-ordination and improvement of social service activities; or

(ii) to develop resources, such as manpower, funds and data, for social service activities; or

(iii) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs, and which publish their annual report and audited accounts or certified accounts with regards to annual income and expenditure; and

(d) non-profit making companies registered under the Companies Ordinance (Cap. 32) that have been operating with paid employees to provide service on a regular basis in accordance with the following aims for a period of 12 months immediately before making the application for registration as an elector---

(i) to promote the co-ordination and improvement of social service activities; or

(ii) to develop resources, such as manpower, funds and data, for social service activities; or

(iii) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs,

and which publish their annual report and audited accounts or certified accounts with regards to annual income and expenditure.

(2) For the purposes of this section---

(a) "non-profit making company" (非牟利公司) means a company formed for the purpose of promoting the objects specified in subsection (1)(d)(i) to (iii) that is required by its constitution to apply its profits, if any, or other income solely in promoting those objects and to prohibit the payment of any dividend to its members; and

(b) "social service" (社會服務) refers to the provision of any one or more of the following services for the benefit of the community---

(i) family and child welfare services;

(ii) services for young people;

(iii) services for the elderly;

(iv) services for offenders;

(v) rehabilitation services;

(vi) community development;

(vii) social security.

20N. Composition of the real estate and construction functional constituency

The real estate and construction functional constituency is composed of---

(a) members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association; and

(b) members of The Hong Kong Construction Association, Limited entitled to vote at general meetings of the Association; and

(c) members of The Hong Kong E&M Contractors' Association Limited entitled to vote at general meetings of the Association.

20O. Composition of the tourism
functional constituency

The tourism functional constituency is composed of the following bodies---

(a) travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association;

(b) members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council;

(c) members of the Board of Airline Representatives in Hong Kong;

(d) members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association;

(e) members of the Federation of Hong Kong Hotel Owners entitled to vote at general meetings of the Federation.

20P. Composition of the commercial (first) functional constituency

The commercial (first) functional constituency is composed of bodies that are members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber.

20Q. Composition of the commercial (second) functional constituency

The commercial (second) functional constituency is composed of members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber.

20R. Composition of the industrial (first) functional constituency

The industrial (first) functional constituency is composed of members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation.

20S. Composition of the industrial (second) functional constituency

The industrial (second) functional constituency is composed of bodies that are members of The Chinese Manufacturers' Association of Hong Kong entitled to vote at general meetings of the Association.

20T. Composition of the finance functional constituency

The finance functional constituency is composed of the following bodies---

(a) banks within the meaning of the Banking Ordinance (Cap. 155);

(b) restricted licence banks within the meaning of the Banking Ordinance (Cap. 155);

(c) deposit-taking companies within the meaning of the Banking Ordinance (Cap. 155).

20U. Composition of the financial services functional constituency

The financial services functional constituency is composed of---

(a) 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; and

(b) members of the Exchange Company within the meaning of the Commodities Trading Ordinance (Cap. 250) entitled to vote at general meetings of the Company; and

(c) members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society.

20V. Composition of the sports, performing arts, culture and publication functional constituency

(1) The sports, performing arts, culture and publication functional constituency is composed of---

(a) 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; and

(b) sports associations affiliated to the Amateur Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members; and

(c) district sports associations named in Part 1 of Schedule 1B; and

(d) bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap. 472) as organizations for the purpose of section 3(4) of that Ordinance; and

(e) 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; and

(f) district arts and culture associations named in Part 2 of Schedule 1B; and

(g) members of each of the following bodies entitled to vote at general meetings of the body---

(i) Educational Booksellers' Association, Limited;

(ii) The Anglo-Chinese Textbook Publishers Organisation Limited;

(iii) The Hong Kong Educational Publishers Association Limited;

(iv) The Hong Kong Publishers and Distributors Association;

(v) Hong Kong Book & Magazine Trade Association Limited;

(vi) Hongkong Book and Stationery Industry Association Company Limited; and

(h) members of the Hong Kong Publishing Federation Limited (other than those referred to in paragraph (g)) entitled to vote at general meetings of the Federation; and

(i) members of each of the following bodies entitled to vote at general meetings of the body---

(i) HK, Kln & NT Motion Picture Industry Association Ltd.;

(ii) Hong Kong Film Awards Association Ltd.;

(iii) International Federation of the Phono-graphic Industry (Hong Kong Group);

(iv) Movie Producers and Distributors Association of Hong Kong Ltd.;

(v) Music Publishers Association of Hong Kong Ltd.;

(vi) Hong Kong Theatres Association Ltd.; and

(j) corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap. 268); and

(k) corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap. 268 sub. leg.); and

(l) the bodies named in Part 3 of Schedule 1B.

(2) For the purposes of this section---

(a) "registered body" (註冊團體) means a body which is registered or exempt from registration under, or incorporated by, any laws of Hong Kong; and

(b) "relevant period" (有關期間), in relation to a statutory body or registered body, means the period from 1 April 1994 to the date on which the statutory body or registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency; and

(c) "statutory body" (法定團體) means a body established or constituted by or under the authority of an Ordinance.

20W. Composition of the import and export functional constituency

The import and export functional constituency is composed of---

(a) companies licensed under the Dutiable Commodities Ordinance (Cap. 109) for the import or export, or import and export, of dutiable commodities; and

(b) companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap. 330) for the import of motor vehicles for use in Hong Kong; and

(c) companies licensed under the Control of Chemicals Ordinance (Cap. 145) for the import or export, or import and export, of controlled chemicals; and

(d) companies licensed under the Import and Export Ordinance (Cap. 60) for the import or export, or import and export, of outboard engines and left hand drive vehicles and for the export of prescribed articles; and

(e) members of each of the following bodies entitled to vote at general meetings of the body---

(i) Association of Hong Kong Photographic Equipment Importers Ltd.;

(ii) Diamond Importers Association Ltd.;

(iii) Hong Kong & Kowloon Steel and Metal Importers and Exporters Association Ltd.;

(iv) Hong Kong Chinese Importers' & Exporters' Association;

(v) Hong Kong Exporters' Association;

(vi) Hong Kong Fresh Fruits Importers Association Ltd.;

(vii) Hong Kong General Association of Edible Oil Importers & Exporters Ltd.;

(viii) Hong Kong Maize and Feed Importers Association Ltd.;

(ix) Hongkong Rice Importers & Exporters Association;

(x) Hongkong Watch Importers' Association;

(xi) The Liquor & Provision Industries Association;

(xii) Hong Kong & Kowloon Light Industrial Products Importers & Exporters Association Limited;

(xiii) Nanyang Importers and Exporters Association;

(xiv) Hong Kong Industrial Production Trading Association Limited;

(xv) Industrial Chemical Merchants' Association Limited;

(xvi) The South China Paper Merchants Association;

(xvii) Wah On Exporters & Importers Association;

(xviii) Hong Kong Shippers' Council;

(xix) Shippers' Association of Hong Kong.

20X. Composition of the textiles and garment functional constituency

The textiles and garment functional constituency is composed of---

(a) members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (b)(i) to (xi)) entitled to vote at general meetings of the Council; and

(b) members of each of the following bodies entitled to vote at general meetings of the body---

(i) Federation of Hong Kong Cotton Weavers;

(ii) Federation of Hong Kong Garment Manufacturers;

(iii) Hong Kong Chinese Textile Mills Association;

(iv) Hong Kong Cotton Made-up Goods Manufacturers Association Ltd.;

(v) Hong Kong Cotton Spinners Association;

(vi) Hong Kong Garment Manufacturers Association Ltd.;

(vii) Hong Kong Knitwear Exporters & Manufacturers Association Ltd.;

(viii) Hong Kong Woollen & Synthetic Knitting Manufacturers' Association Ltd.;

(ix) Hong Kong Association of Textile Bleachers, Dyers, Printers & Finishers Ltd.;

(x) Hong Kong Weaving Mills Association;

(xi) Hongkong Wool & Synthetic Spinners Association Ltd.; and

(c) The Hong Kong General Chamber of Textiles Limited; and

(d) members of the Hong Kong Institution of Textile and Apparel entitled to vote at general meetings of the Institution; and

(e) Textiles & Clothing manufacturers registered under the Factory Registration of the Trade Department for the purpose of applying for the certificate of Hong Kong origin; and

(f) 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 have been so registered for a period of 12 months immediately before making the application for registration as an elector and are carrying on the business of---

(i) importing textiles from any country or place; or

(ii) exporting textiles that are not entitled to a certificate of Hong Kong origin to any country or place; or

(iii) 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.

20Y. Composition of the wholesale and retail functional constituency

The wholesale and retail functional constituency is composed of members of each of the bodies named in Schedule 1C that are entitled to vote at general meetings of the body.

20Z. Composition of the information technology functional constituency

The information technology functional constituency is composed of---

(a) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society; and

(b) 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; and

(c) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association; and

(d) 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; and

(e) 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; and

(f) Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution; and

(g) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society; and

(h) 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; and

(i) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society; and

(j) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association; and

(k) corporate members of each of the following bodies entitled to vote at general meetings of the body---

(i) Hong Kong Information Technology Federation Ltd.;

(ii) Hong Kong Internet Service Providers Association;

(iii) Hong Kong Radio Paging Association Ltd.;

(iv) Telecom Association of Hong Kong; and

(l) bodies that are holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunication Ordinance (Cap. 106)---

(i) Fixed Telecommunication Network Services licences;

(ii) Public Non-exclusive Telecommunications Service licences;

(iii) Public Radiocommunication Service licences;

(iv) Satellite Master Antenna Television licences;

(v) Broadcast Relay Station licences;

(vi) Broadcast Radio Relay Station licences; and

(m) the bodies named in Schedule 1D.

20ZA. Composition of the catering
functional constituency

The catering functional constituency is composed of---

(a) holders of food business licences under the Public Health and Municipal Services Ordinance (Cap. 132); and

(b) the bodies named in Schedule 1E.

20ZB. Composition of the District Council functional constituency

The District Council functional constituency is composed of members of the District Councils established under the District Councils Ordinance ( of 1999).".

14. Establishment of Election Committee

Section 22(1) is amended by repealing "first" and substituting "second".

15. Number of Members to be returned by Election Committee

Section 23 is amended---

(a) by repealing "Ten" and substituting "For the second term of office of the Legislative Council, 6";

(b) by repealing everything after "Election Committee" and substituting a full stop.

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

Section 25 is amended---

(a) by repealing subsection (1)(a) and substituting---

"(a) is a person specified---

(i) for the Heung Yee Kuk functional constituency, in section 20A; or

(ii) for the agriculture and fisheries functional constituency, in section 20B; or

(iii) for the insurance functional constituency, in section 20C; or

(iv) for the transport functional constituency, in section 20D; or

(v) for the education functional constituency, in section 20E; or

(vi) for the legal functional constituency, in section 20F; or

(vii) for the accountancy functional constituency, in section 20G; or

(viii) for the medical functional constituency, in section 20H; or

(ix) for the health services functional constituency, in section 20I; or

(x) for the engineering functional constituency, in section 20J; or

(xi) for the architectural, surveying and planning functional constituency, in section 20K; or

(xii) for the labour functional constituency, in section 20L; or

(xiii) for the social welfare functional constituency, in section 20M; or

(xiv) for the real estate and construction functional constituency, in section 20N; or

(xv) for the tourism functional constituency, in section 20O; or

(xvi) for the commercial (first) functional constituency, in section 20P; or

(xvii) for the commercial (second) functional constituency in section 20Q; or

(xviii) for the industrial (first) functional constituency, in section 20R; or

(xix) for the industrial (second) functional constituency, in section 20S; or

(xx) for the finance functional constituency, in section 20T; or

(xxi) for the financial services functional constituency, in section 20U; or

(xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or

(xxiii) for the import and export functional constituency, in section 20W; or

(xxiv) for the textiles and garment functional constituency, in section 20X; or

(xxv) for the wholesale and retail functional constituency, in section 20Y; or

(xxvi) for the information technology functional constituency, in section 20Z; or

(xxvii) for the catering functional constituency, in section 20ZA; or

(xxviii) for the District Council functional constituency, in section 20ZB; and";

(b) in subsection (3)---

(i) by repealing paragraphs (a) and (b);

(ii) in paragraph (c), by repealing "subject to paragraphs (a) and (b),";

(iii) in paragraph (d), by repealing "paragraphs (a), (b) and" and substituting "paragraph";

(c) in subsection (4), by repealing "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" and substituting "section 20C, 20L, 20M(1)(c) or (d), 20T, 20V(1)(b), (d), (e), (j) or (k), 20W(a) to (d), 20X(e) or (f), 20Z(l) or 20ZA(a)";

(d) in subsection (5), by repealing "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" and substituting "section 20B(a), 20M(1)(b), 20N to 20S, 20U, 20V(1)(a) or (g) to (i), 20W(e), 20X(a) or (b) or 20Z(k) or Schedule 1C";

(e) in subsection (6), by repealing "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)" and substituting "sections 20B to 20Z (other than a body specified in section 20E(b), 20F(a) or (b), 20I(b), 20J(b), 20K(b), (d), (f) or (h) or 20Z(a) to (j))".

17. Elector to be 18 years of age

Section 29(b) is amended by repealing "31 March" and substituting "25 May".

18. Electoral Registration Officer to compile and publish electoral registers

Section 32(1) is amended---

(a) in paragraph (a), by repealing "15 February 1998 and not later than 15 February in each subsequent year" and substituting "15 April in each year";

(b) in paragraph (b), by repealing "15 March 1998 and not later than 31 March in each subsequent year" and substituting "25 May in each year".

19. Vacancy in membership of Legislative Council to be declared

Section 35(2) is repealed.

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

Section 36(1) is amended---

(a) in paragraph (b), by repealing "section 45" and substituting "section 46A(1)";

(b) in paragraph (c), by repealing "無法進行" and substituting "未能完成";

(c) by adding---

"(ca) on the making of a declaration under section 46A(3) that an election for a constituency or by the Election Committee has failed---

(i) because of the death or disqualification of the successful candidate at the election; or

(ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency or by the Election Committee due to the death or disqualification of a successful candidate;";

(d) in paragraph (d), by repealing "without determining that some" and substituting "and that no".

21. Who is eligible to be nominated as a candidate

Section 37(2)(b) is repealed and the following substituted---

"(b) either---

(i) is both registered and eligible to be registered as an elector for the constituency; or

(ii) satisfies the Returning Officer for the constituency that the person has a substantial connection with the constituency; and".

22. Nomination lists for geographical constituencies

Section 38 is amended by adding---

"(11) If the Returning Officer---

(a) has made a declaration under section 42A(2) that a candidate whose name appears on a list of candidates has died; or

(b) has made a declaration under section 42A(4) that the Officer has varied a decision to the effect that a candidate whose name appears on a list of candidates is not validly nominated, that Officer must strike out the name of that candidate from the list and adjust the order of priority in which the names of candidates appear on that list accordingly.

(12) After striking out the name of a candidate from a list in accordance with subsection (11), the difference between the number of candidates' names that remain on the list and the number of Members to be returned for the constituency concerned is to be made up from the surplus nominees, if any, excluded under subsection (9) (subject to their being validly nominated) according to their order of priority on the original nomination list. The Returning Officer must then add the name of the surplus nominee or names of the surplus nominees to the list to make up the difference.

(13) The Returning Officer must not add the name of any other person to the list.

(14) If, after taking the action referred to in subsections (11) and (12), no name remains on the list, the Returning Officer must reject the list.

(15) The candidates whose names remain on a list after the Returning Officer has taken the action referred to in subsections (11) and (12) are taken as constituting a new list of candidates that replaces the one constituted under subsection (10) for the purposes of section 49.".

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

Section 39 is amended---

(a) in subsection (1)(a)(iii), by repealing "(including the Provisional Legislative Council)" and "(including The Provisional Legislative Council Commission)";

(b) in subsection (5), in the definition of "prescribed public officer"---

(i) in paragraph (d), by repealing "委員;" and substituting "的成員;";

(ii) in paragraph (e), by repealing "及該局僱用的經理及" and substituting "、經理及該局僱用的";

(iii) by adding---

"(ea) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap. 486);

(eb) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);".

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

Section 40(1)(b)(iii) is amended---

(a) by repealing "would result" and substituting "results";

(b) in sub-subparagraph (A)(II), by repealing "(including the Provisional Legislative Council)" and "(including The Provisional Legislative Council Commission)".

25. Section added

The following is added---

"42A. Who are validly nominated candidates

(1) The Returning Officer must, as soon as practicable after receiving a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), decide in accordance with those regulations whether or not a person is validly nominated as a candidate.

(2) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency or by the Election Committee but before the general polling day (or, if there is advance polling, before the advance polling day or the first advance polling day if more than one), it comes to the knowledge of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)---

(a) publicly declare that the candidate has died; and

(b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee.

(3) Subsection (2) does not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.

(4) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly nominated for election for a constituency or by the Election Committee but before the general polling day (or, if there is advance polling, before the advance polling day or the first advance polling day if more than one), it comes to the knowledge of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that Officer must, in accordance with those regulations---

(a) publicly declare that the decision has been varied; and

(b) further declare which candidate or candidates are validly nominated for election for the constituency or by the Election Committee.

(5) Subsection (4) does not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.".

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

Section 43(5) is amended---

(a) by adding "郵政署署長" before "為使";

(b) by repealing "應付予郵政署署長" and substituting "承擔".

27. Section added

The following is added---

"43A. When advance polling can be postponed, adjourned or cancelled

(1) The Chief Executive may, by order, direct the postponement of advance polling on a particular date, or the cancellation of advance polling on a particular date (if there is not any later advance polling day), if, before the holding of advance polling on that date, the Chief Executive is of the opinion that the advance polling on that date is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

(2) The Chief Executive may, by order, direct the adjournment of advance polling on a particular date, or the cancellation of advance polling on a particular date (if there is not any later advance polling day), if, during the advance polling on that date, the Chief Executive is of the opinion that the advance polling on that date is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

(3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.".

28. When election proceedings are terminated

Section 45 is repealed.

29. What is to happen if insufficient candidates are nominated

Section 46(2) is amended by repealing "無法進行" where it twice occurs and substituting "未能完成".

30. Section added

The following is added---

"46A. When election proceedings are terminated or when an election fails

(1) If, on the general polling day (or, if there is advance polling, on or after the advance polling day or the first advance polling day if more than one) but before the close of polling for an election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare that the proceedings for the election for the constituency or by the Election Committee are terminated.

(2) If, after the close of polling for an election but before declaring the result of the election, it comes to the knowledge of the Returning Officer that a candidate for election for a constituency or by the Election Committee has died or is disqualified from being elected, the proceedings for the election for the constituency or by the Election Committee are not to be terminated at that stage. If the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred.

(3) If, after the counting of votes is finished, the candidate referred to in subsection (2) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the election---

(a) to have failed; or

(b) (where more than one Member is to be returned at the election for the constituency or by the Election Committee and there is another candidate or there are other candidates returned for the constituency or by that Committee) to have failed to the extent that the number of candidates returned at the election for the constituency or by the Election Committee was less than the number of Members to be returned for the constituency or by that Committee.

(4) The Returning Officer must not declare an election to have failed, or to have failed to the extent that the number of candidates returned at the election for a constituency or by the Election Committee was less than the number of Members to be returned for the constituency or by that Committee, under subsection (3) if---

(a) the successful candidate who has died or is disqualified from being elected was contesting in respect of a list within the meaning of section 49 for election for a geographical constituency; and

(b) another candidate whose name appears on the same list is to be returned in place of the deceased or disqualified candidate in accordance with section 49(15).".

31. Who is entitled to vote at an election

Section 48 is amended by adding---

"(4A) If advance polling is to be held for a general election, an elector may apply, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), for voting on the advance polling day or any of the advance polling days.

(4B) An elector whose application under subsection (4A) has been approved may vote on the advance polling day or any of the advance polling days but not, subject to subsection (4C), on the general polling day, whether or not that elector has voted on the advance polling day or any of the advance polling days.

(4C) If the advance polling on a particular date is cancelled, an elector who has been approved to vote on the advance polling day or any of the advance polling days may, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), vote on the general polling day if that elector has not already voted on the advance polling day or any of the advance polling days.".

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

Section 49 is amended---

(a) in subsection (1), in the definition of "list", by adding "or a new list of candidates referred to in section 38(15)" after "section 38(10)";

(b) in subsection (11), by repealing everything after "determine" and substituting "the result at that stage by drawing lots. The Member is or Members are to be returned from the list or lists on which the lot falls.";

(c) by adding---

"(14) Despite subsection (13), if, before declaring the result of an election for a geographical constituency, it comes to the knowledge of the Returning Officer that a candidate on a list who was successful at the election has died or is disqualified from being elected, that Officer must not declare that candidate as elected.

(15) If there is another candidate or there are other candidates on the same list who has not or have not been returned for the constituency, the candidate is to be returned or a candidate is to be returned according to the order of priority on the list (subject to that candidate's being not disqualified from being elected) in place of the deceased or disqualified candidate. In that case the Returning Officer must publicly declare the candidate so returned to be elected.

(16) If there is no other candidate on the same list who can be returned under subsection (15) for the constituency, the Returning Officer must publicly declare, under section 46A(3), that the election---

(a) has failed; or

(b) (where more than one Member is to be returned at the election for the constituency and there is another candidate or there are other candidates returned for the constituency) has failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency.".

33. System of voting and counting of votes: the Heung Yee Kuk, the agriculture and fisheries, the insurance and the transport functional constituencies

Section 50 is amended---

(a) in subsection (1), by repealing "Parts 1 and 2 of Schedule 1" and substituting "section 20(1)(a) to (d)";

(b) in subsection (6), by adding "The candidate on whom the lot falls is to be returned at the election." after the full stop;

(c) by adding---

"(8) Despite subsection (7), if, before declaring the result of an election for a functional constituency, it comes to the knowledge of the Returning Officer that the candidate who was successful at the election has died or is disqualified from being elected, that Officer---

(a) must not declare that candidate as elected; and

(b) must publicly declare, under section 46A(3), that the election has failed.".

34. System of voting and counting of votes: other functional constituencies

Section 51 is amended---

(a) in subsection (1), by repealing "Part 3 of Schedule 1" and substituting "section 20(1)(e) to (zb)";

(b) in subsection (6), by adding "The candidate or candidates on whom the lot falls is or are to be returned at the election." after the full stop;

(c) by adding---

"(8) Despite subsection (7), if, before declaring the result of an election for a functional constituency, it comes to the knowledge of the Returning Officer that the candidate or a candidate who was successful at the election has died or is disqualified from being elected, that Officer---

(a) must not declare that candidate as elected; and

(b) must publicly declare, under section 46A(3), that the election---

(i) has failed; or

(ii) (where more than one Member is to be returned at the election for the constituency and there is another candidate or there are other candidates returned for the constituency) has failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency.".

35. System of voting and counting of votes:

Election Committee

Section 52 is amended---

(a) by repealing subsections (2) and (3) and substituting---

"(2) At the general election for the second term of office of the Legislative Council, a member of the Election Committee is entitled to cast 6 votes for candidates nominated for election by that Committee. At a by-election 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.

(2A) The votes cast by a member of the Election Committee at a general election or at a by-election are valid only if the member has cast all the votes under the member's entitlement for that general election or by-election as specified in subsection (2).

(3) The candidates to be returned as Members by the Election Committee at the general election for the second term of office of the Legislative Council are the 6 candidates who obtain the greatest and next 5 greatest numbers of votes."; (b) in subsection (5), by adding "The candidate or candidates on whom the lot falls is or are to be returned at the election." after the full stop;

(c) by adding---

"(7) Despite subsection (6), if, before declaring the result of an election by the Election Committee, it comes to the knowledge of the Returning Officer that the candidate or a candidate who was successful at the election has died or is disqualified from being elected, that Officer---

(a) must not declare that candidate as elected; and

(b) must publicly declare, under section 46A(3), that the election---

(i) has failed; or

(ii) (where more than one Member is to be returned at the election by the Election Committee and there is another candidate or there are other candidates returned at the election by that Committee) has failed to the extent that the number of candidates returned at the election by the Election Committee was less than the number of Members to be returned by that Committee.".

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

Section 53(1)(b) is amended by repealing "specified in Schedule 1" and substituting "eligible to be registered as an elector for such a constituency".

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

Section 55(1) is amended---

(a) by repealing "失當" where it twice occurs and substituting "出錯";

(b) by repealing "屬眾所周知" and substituting "足以令一般人明瞭所指的人、身分證明文件或地方為何".

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

Section 57 is amended by repealing "或署理其職位" and substituting "選舉事務主任或以選舉事務主任的身分行事".

39. What happens if election petition is withdrawn

Section 68 is amended---

(a) in subsection (1), by repealing "A" and substituting "Subject to section 66(3), a";

(b) in subsection (3), by adding "by or" before "on behalf";

(c) in subsection (7), by adding---

"(aa)* the election petition is taken to have been withdrawn under section 66(3); or".

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

Section 71 is amended---

(a) by repealing "並不令看來是由" and substituting "的發出並不令";

(b) by adding "本意是" after "之前".

41. Chief Executive in Council may amend Schedules 1 to 2

Section 83 is amended---

(a) in subsection (1), by repealing "and" and substituting "to";

(b) by repealing subsection (2).

42. Schedules substituted

Schedule 1 is repealed and the following substituted---

"SCHEDULE 1 [s. 20B] Composition of the Agriculture and Fisheries Functional Constituency

Item Body

1. The Fanling Kwun Ti Village Farmers' Irrigation Co-operative Society, Ltd.

2. Hong Kong Graziers Union.

3. Hong Kong Livestock Industry Association.

4. Hong Kong N.T. Poultry--- Culture (Geese & Ducks) Mutual Association.

5. Hong Kong Pigfarm Association Limited.

6. The Lam Ti Agricultural Credit Co-operative Society, Limited.

7. The Lamma Island (North) Villagers' Thrift and Loan Co-operative Society Limited.

8. The Mui Wo Agricultural Products Marketing & Credit Co-operative Society, Ltd.

9. The New Territories Chicken Breeders Association, Ltd.

10. New Territories Florist Association, Ltd.

11. Quality Broiler Development Association.

12. The Sai Kung Agricultural Products Marketing & Credit Co-operative Society, Ltd.

13. The Shan Tong Vegetable Marketing Co-operative Society, Ltd.

14. The Sheung Shui Ngai Yuen Sun Tsuen Pig Raising Co-operative Society, Ltd.

15. The Tai Po Ma Wo Village Pig Raising Co-operative Society, Ltd.

16. The World Poultry Science Association, Hong Kong Branch.

17. The Wu Kau Tang Village Agricultural Credit Co-operative Society, Limited.

18. Hang Hau Grazier Association.

19. North District Florists Association.

20. The Guild of Graziers.

21. Tuen Mun Agricultural Association.

22. The Yuen Long Agriculture Productivity Association.

23. Hong Kong Florists Association.

24. Tai Po Florists and Horticulturists Association.

25. Shatin Florists Association.

26. Fish Farming and Stuff Association.

27. Fishery Development Association (Hong Kong) Limited.

28. Lamma Island Lo Dik Wan Aquaculture Association.

29. The Castle Peak Fishermen's Credit Co-operative Society, Unlimited.

30. The Castle Peak Mechanized Trawler Fishermen's Credit Co-operative Society, Unlimited.

31. Cheung Chau Fisheries Joint Association.

32. Cheung Chau Fishermen's Welfare Promotion Association.

33. Fraternal Association of The Floating Population of Hong Kong.

34. Hong Kong & Kowloon Floating Fishermen Welfare Promotion Association.

35. Hong Kong and Kowloon Fishermen Association Ltd.

36. Hong Kong Fishermen's Association.

37. Hong Kong Fishing Vessel Owners Association, Ltd.

38. Hong Kong N.T. Fish Culture Association.

39. Hong Kong Netting, Cultivation and Fisherman Association.

40. Hong Kong Off-shore Fishermen's Association.

41. Ma Wan Fisheries Rights Association Ltd.

42. Mui Wo Fishermen Fraternity Society.

43. Lau Fau Shan Oyster Industry Association, New Territories.

44. N.T. Oyster and Aquatic Products United Association.

45. The New Territories Fishermen Fraternity Association Ltd.

46. Outlying Islands Mariculture Association (Cheung Chau).

47. Peng Chau Fishermen Association Ltd.

48. Sai Kung (North) Sham Wan Marine Fish Culture Business Association.

49. Sai Kung Fishermen Association Limited.

50. Sai Kung Po Toi O Fish Culture Business Association.

51. Sai Kung Tai Tau Chau Fish Culture Business Association.

52. Sha Tau Kok Marine Fish Culture Association.

53. The Sha Tau Kok Small Long Liner and Gill Net Fishermen's Credit Co-operative Society, Unlimited.

54. The Tai Po Fishermen's Credit Co-operative Society, Unlimited.

55. The Tsing Lung Tau Hand Liner Fishermen's Credit Co-operative Society, Unlimited.

56. The Tsuen Wan Fishermen's Credit Co-operative Society, Unlimited.

57. The Tsuen Wan Gill Net Fishermen's Credit Co-operative Society, Unlimited.

58. Tung Lung Chau Mariculture Association.

59. Yung Shue Au Marine Fish Culture Business Association.

60. 荃灣葵青漁民會.

61. The Hong Kong Fisheries Development Association.

62. The Aberdeen Fishermen Friendship Association.

63. The Hong Kong Liner & Gillnetting Fisherman Association.

64. Fisherman's Association of Po Toi Island.

65. Shau Kei Wan Fishermen Friendship Association.

66. Sai Kung Tai Wu Kok Fishermen's Association.

67. Hong Kong New Territories Boat People Association.

68. Tai O Fishermen (Coastal Fishery) Association.

69. 青衣水陸居民聯誼會.

70. 大嶼山水陸居民聯合會.

71. 荃灣葵青居民聯會 (漁民組).

72. The Tai Po Purse Seiner and Small Long Liner Fishermen's Credit Co-operative Society, Unlimited.

73. The Ap Lei Chau Fishermen's Credit Co-operative Society, Unlimited.

74. The Tai O Sha Chai Min Fishermen's Credit Co-operative Society, Unlimited.

75. The Shau Kei Wan Pair Trawler Fishermen's Credit Co-operative Society, Unlimited.

76. The Shau Kei Wan Deep Sea Capture Fishermen's Credit Co-operative Society, Unlimited.

77. The Shau Kei Wan Trawler Fishermen's Credit Co-operative Society, Unlimited.

SCHEDULE 1A [s. 20D]

Composition of the Transport Functional Constituency

Item Body

1. Citybus Ltd.

2. Kowloon Motor Bus Company (1933) Ltd.

3. Long Win Bus Company Limited.

4. New Lantao Bus Co., (1973) Ltd.

5. Hong Kong Tramways Ltd.

6. Peak Tramways Co., Ltd.

7. Kowloon-Canton Railway Corporation.

8. Mass Transit Railway Corporation.

9. China Tollways Ltd.

10. New Hong Kong Tunnel Co., Ltd.

11. Serco Guardian (F.M.) Ltd.

12. Tate's Cairn Tunnel Co., Ltd.

13. Western Harbour Tunnel Co. Ltd.

14. Route 3 (CPS) Company Limited.

15. Tsing Ma Management Limited.

16. Chuen Lee Radio Taxis Association Ltd.

17. CTOD Association Company Ltd.

18. Fraternity Taxi Owners Association.

19. Hong Kong & Kowloon Radio Car Owners Association Ltd.

20. Hong Kong & Kowloon Taxi Companies Association Ltd.

21. Hong Kong Kowloon Taxi & Lorry Owners Association Ltd.

22. Hong Kong Tele-call Taxi Association.

23. The Kowloon Taxi Owners Association Ltd.

24. Lantau Taxi Association.

25. N.T. Taxi Owners & Drivers Fraternal Association.

26. N.T. Taxi Merchants Association Ltd.

27. Quadripartite Taxi Service Association Ltd.

28. Rambo Taxi Owners Association Ltd.

29. Sun Hing Taxi Radio Association.

30. Tang's Taxi Companies Association Ltd.

31. Taxi Dealers & Owners Association Ltd.

32. Taxi Drivers & Operators Association Ltd.

33. The Taxi Operators Association Ltd.

34. The Association of N.T. Radio Taxicabs Ltd.

35. United Friendship Taxi Owners & Drivers Association Ltd.

36. United Radio Taxi & Goods Vehicle Association Ltd.

37. Urban Taxi Drivers Association Joint Committee Co. Ltd.

38. Wai Fat Taxi Owners Association Ltd.

39. Wai Yik HK & Kln & NT Taxi Owners Association.

40. Taxi Associations Federation.

41. Wing Tai Car Owners & Drivers Association Ltd.

42. Yik Sun Radiocabs Operators Association Ltd.

43. Wing Lee Radio Car Traders Association Ltd.

44. Hong Kong and Kowloon Rich Radio Car Service Centre Association Ltd.

45. Taxicom Vehicle Owners Association Ltd.

46. T.C. Taxi United Association Ltd.

47. Happy Taxi Operator's Association Ltd.

48. The Fraternity Association of N.T. Taxi Merchants.

49. Sai Kung Taxi Operators Association Ltd.

50. Public Vehicle Merchants Fraternity Association.

51. N.W. Area Taxi Drivers & Operators Association.

52. N.T. Taxi Radio Service General Association.

53. North District Taxi Merchants Association.

54. Hong Kong Scheduled (GMB) Licensee Association.

55. Hong Kong, Kowloon & NT Public & Maxicab Light Bus Merchants' United Association.

56. Hon Wah Public Light Bus Association Ltd.

57. Hong Kong Public & Maxicab Light Bus United Associations.

58. Kowloon Fung Wong Public Light Bus Merchants & Workers' Association Ltd.

59. Lam Tin Wai Hoi Public Light Bus Merchants Association Ltd.

60. Lei Yue Mun Ko Chiu Road Public Light Bus Merchants Association Ltd.

61. N.T. San Tin PLB (17) Owners Association.

62. Public Light Bus General Association.

63. The Kowloon PLB Chiu Chow Traders & Workers Friendly Association.

64. Tsuen Wan PLB Commercial Association Ltd.

65. Tuen Mun PLB Association.

66. United Association of Public Lightbus Hong Kong.

67. Private Hire Car for Young Children Association Ltd.

68. Young Children School Mini-Buses Operators Association Ltd.

69. Driving Instructors Merchant Association Ltd.

70. Hong Kong & Kowloon Goods Vehicle Omnibuses and Minibuses Instructors' Association Ltd.

71. Hong Kong Motor Car Driving Instructors Association Ltd.

72. The Hong Kong School of Motoring Ltd.

73. Hong Kong Society of Articulated Vehicle Driving Instructors Ltd.

74. Kowloon Motor Driving Instructors' Association Ltd.

75. Hong Kong Driving Instruction Club Ltd.

76. Articulated & Commercial Vehicle's Instructors Union.

77. Public and Private Light Buses Driving Instructors' Society.

78. Hong Kong Commercial Vehicle Driving Instructors Association Ltd.

79. Adams Parking (International) Limited.

80. HKS Parking Limited.

81. Kwik Park Limited.

82. Mack & Co. Carpark Management Limited.

83. Metropark Limited.

84. West Coast International (Parking) Limited.

85. Wilson Parking (Hong Kong) Limited.

86. Chartered Institute of Transport in Hong Kong.

87. Hong Kong Automobile Association.

88. Institute of Transport Administration (China---Hong Kong Centre).

89. Institute of Advanced Motorists Hong Kong.

90. Lok Ma Chau China---Hong Kong Freight Association.

91. Hong Kong Association of Freight Forwarding Agents Ltd.

92. The Institute of Seatransport.

93. The Hong Kong Institute of Marine Technology.

94. Maritime Affairs Research Association Ltd.

95. Hong Kong Shipping Staff Association.

96. Hong Kong & Kowloon Motor Boats and Tug Boats Association Ltd.

97. Hong Kong Marine Contractors Association.

98. Hong Kong Pilots Association Ltd.

99. The Hongkong & Yaumati Ferry Co., Ltd.

100. The "Star" Ferry Co., Ltd.

101. Chuen Kee Ferry Ltd.

102. Coral Sea Ferry Service Co., Ltd.

103. Discovery Bay Transportation Services Ltd.

104. Eastern Ferry Co.

105. Holiday Resorts (Hong Kong) Ltd.

106. Hop Shing Kung Ferry Co., Ltd.

107. The Polly Ferry Co., Ltd.

108. COSCO-HIT Terminals (Hong Kong) Limited.

109. Hongkong International Terminals Ltd.

110. Modern Terminals Ltd.

111. River Trade Terminal Co. Ltd.

112. Sea-Land Orient Terminals Ltd.

113. Fat Kee Stevedores Ltd.

114. Hoi Kong Container Services Co. Ltd.

115. Chu Kong Shipping Enterprises (Holdings) Co. Ltd.

116. Expert Fortune Ltd.

117. Far East Hydrofoil Co. Ltd.

118. CTS---Parkview Ferry Services Ltd.

119. Wu Gang Shipping Co. Ltd.

120. Xiamen United Enterprises (H.K.) Ltd.

121. The Goods Vehicle Fleet Owners Association Ltd.

122. Hong Kong Container Tractor Owner Association Ltd.

123. G.M.B. Maxicab Operators General Association Ltd.

124. The Public Omnibus Operators Association Ltd.

125. Hong Kong Guangdong Transportation Association Ltd.

126. The Hong Kong Cargo-Vessel Traders' Association Ltd.

127. The Hong Kong Liner Shipping Association.

128. The Hong Kong Shipowners Association Ltd.

129. Hong Kong Shipping Circles Association Ltd.

130. Hong Kong Shipping Industry Institute.

131. The Hong Kong Stevedores Employers' Association.

132. The Public Cargo Area Trade Association.

133. Lung Cheung Public Light Bus Welfare Advancement Association Ltd.

134. N.T. PLB Owners Association.

135. Sai Kung PLB Drivers and Owners Association.

136. Yuen Long Tai Po PLB Merchants Association Ltd.

137. Owners and Drivers Association.

138. Pioneer Concrete Owners Drivers Association.

139. Organisation of Hong Kong Drivers.

140. Kowloon Truck Merchants Association Ltd.

141. Hong Kong Transportation Warehouse Wharf Club.

142. New Territories Cargo Transport Association Ltd.

143. Hong Kong Public Cargo Working Areas Traders Association Ltd.

144. Tung Yee Shipbuilding & Repairing Merchants General Association.

145. Salvage Association (Hong Kong Office).

146. Marine Excursion Association.

147. New World First Bus Services Limited.

148. Autotoll Limited.

149. Mixer Truck Drivers Association.

150. Mid-stream Holdings (HK) Limited.

151. Hong Kong Gold Coast Transportation Company Limited.

152. Airport Ferry Services Ltd.

153. Hong Kong & Kowloon Ferry Ltd.

154. Wing Yip Shipping & Transportation Co. Ltd.

155. China Merchants Shipping & Enterprises Co. Ltd.

156. Merchant Navy Officers' Guild---Hong Kong.

157. Shun Tak Ferries Ltd.

------------------------------

SCHEDULE 1B [s. 20V]

Composition of the Sports, Performing Arts, Culture And

Publication Functional Constituency

PART 1

District Sports Associations

Item Body

1. Eastern District Recreation & Sports Advancement Association Ltd.

2. Southern District Recreation & Sports Council.

3. Wanchai District Arts Cultural Recreation & Sports Association Ltd.

4. Central & Western District Recreation & Sports Association.

5. Kwun Tong Sports Promotion Association Ltd.

6. Wong Tai Sin District Recreation & Sports Council.

7. Kowloon City District Recreation & Sports Council.

8. Sham Shui Po Sports Association.

9. Yaumatei and Tsimshatsui Recreation & Sports Association Ltd.

10. Mongkok District Cultural Recreation & Sports Association Ltd.

11. North District Sports Association.

12. Sai Kung District Sports Association Ltd.

13. Sha Tin Sports Association Ltd.

14. Tai Po Sports Association Ltd.

15. Islands District Sports Association.

16. Tuen Mun Sports Association Limited.

17. The Federation of Tsuen Wan District Sports & Recreation Association Ltd.

18. Yuen Long District Sports Association Ltd.

19. Kwai Tsing District Sports Association.

PART 2

District Arts and Culture Associations

Item Body

1. Eastern District Arts Council.

2. Southern District Arts and Culture Association Limited.

3. Central and Western District Association for Culture and Arts.

4. Kwun Tong District Culture & Recreation Promotion Association Limited.

5. Wong Tai Sin District Arts Council.

6. Kowloon City District Arts and Culture Council.

7. Shamshuipo Arts Association.

8. Yau Ma Tei and Tsim Sha Tsui Culture and Arts Association Limited.

9. North District Arts Advancement Association Limited.

10. Saikung Cultural & Recreation Advancement Association.

11. Sha Tin Arts Association Limited.

12. Tai Po District Arts Advancement Association.

13. Tuen Mun Arts Promotion Association.

14. Tsuen Wan Culture & Recreation Co-ordinating Association Limited.

15. Yuen Long District Arts Committee.

16. Kwai Chung and Tsing Yi District Culture and Arts Co-ordinating Association Limited.

PART 3

Other Bodies

Item Body

1. Artiste Training Alumni Association Limited.

2. Asia Television Limited.

3. Hong Kong Curators Association.

4. Composers and Authors Society of Hong Kong Limited.

5. Friends of the Art Museum, The Chinese University of Hong Kong Limited.

6. Hong Kong Anthropological Society.

7. Hong Kong Archaeological Society.

8. Hong Kong Chinese Press Association.

9. Hong Kong Cinema and Theatrical Enterprise Association Ltd.

10. Hong Kong Cinematography and Television Lighting Association Limited.

11. Hong Kong Commercial Broadcasting Company Limited.

12. Hong Kong Film Academy.

13. Hong Kong Film Arts Association Limited.

14. HK Film Directors' Guild Ltd.

15. Hong Kong Golf Association.

16. Hong Kong History Society.

17. Hong Kong Intellectual Property Society.

18. Hong Kong Journalists Association.

19. The Hong Kong Life Saving Society.

20. The Hong Kong Mass Media Professionals Association Ltd.

21. All Stars Sports Association Ltd.

22. The Hong Kong Children's Choir.

23. Hong Kong Festival Fringe Ltd.

24. Hong Kong Philharmonic Orchestra.

25. Hong Kong Chinese Orchestra.

26. Hong Kong Repertory Theatre.

27. Hong Kong Dance Company.

28. Hong Kong Museum of Medical Sciences Society.

29. Hong Kong PEN (English) Centre.

30. Hong Kong Performing Artistes Guild Ltd.

31. Hong Kong Press Photographers Association.

32. Hong Kong Recreation Management Association.

33. Hong Kong Screen Writers' Guild Ltd.

34. Hong Kong Sports Association of the Deaf.

35. Hong Kong Sports Press Association Ltd.

36. Hong Kong Stuntman Association Ltd.

37. Hong Kong Tai Chi Association.

38. Hong Kong United Arts Entertainment Co. Ltd.

39. Hutchvision Hong Kong Limited.

40. Metro Broadcast Corporation Limited.

41. Motion Picture Production Executives (Hong Kong) Association.

42. Min Chiu Society.

43. New Territories Regional Sports Association.

44. Hong Kong News Executives' Association Ltd.

45. Pop-Music Authors Society of Hong Kong.

46. Royal Asiatic Society Hong Kong Branch.

47. Sail Training Association of Hong Kong Ltd.

48. Society of Cinematographers (Hong Kong) Limited.

49. Society of Film Editors (HK) Ltd.

50. South China Film Industry Workers Union.

51. South China Research Circle.

52. Swimming Teacher's Association Hong Kong.

53. Television Broadcasts Limited.

54. The Amateur Lyric Writers' Association of Hong Kong.

55. The Friends of the Hong Kong Museum of Art.

56. Hong Kong Federation of Journalists Ltd.

57. The Newspaper Society of Hong Kong.

58. Videotage.

59. Hong Kong Cable Television Limited.

60. Zuni Icosahedron.

61. Hong Kong Telecom VOD Limited.

62. Galaxy Satellite Broadcasting Limited.

------------------------------

SCHEDULE 1C [s. 20Y]

Composition of the Wholesale and Retail Functional Constituency

Item Body

1. The Association of Retailers and Tourism Services.

2. Chinese Medicine Merchants Association Ltd.

3. 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 Goods Merchants Association Limited.

8. Hong Kong and Kowloon Electrical Appliances Merchants Association Ltd.

9. Hong Kong & Kowloon Electro-Plating Trade Merchants Association Ltd.

10. Hong Kong & Kowloon European Dress Merchants Association.

11. Hong Kong & Kowloon Fruit & Vegetable Employees & Employers Guild.

12. Hong Kong & Kowloon Furniture & Shop Fittings Merchants Association.

13. Hong Kong & Kowloon General Association of Liquor Dealers and Distillers.

14. Hong Kong Glass and Mirror Merchants and Manufacturers Association Company Limited.

15. Hong Kong & Kowloon Machine Made Paper Merchants Association Ltd.

16. Hong Kong and Kowloon Machinery and Instrument Merchants Association Ltd.

17. Hong Kong & Kowloon Marine Products Merchants Association Ltd.

18. The Hong Kong Photo Marketing Association Limited.

19. Hong Kong & Kowloon Plastic Products Merchants United Association Limited.

20. The Hong Kong & Kowloon Provisions, Wine & Spirit Dealers' Association.

21. Hong Kong Provision & Grocery General Commercial Chamber.

22. Hong Kong & Kowloon Rattan Ware Merchants Association (Wing-Hing-Tong).

23. The Hong Kong and Kowloon Rice Retailers' General Association Ltd.

24. Hong Kong and Kowloon Salt Merchants' Association.

25. Hong Kong & Kowloon Sauce & Preserved-Fruit Amalgamated Employers Association.

26. Hong Kong & Kowloon Tea Trade Merchants Association Ltd.

27. Hong Kong & Kowloon Timber Merchants Association.

28. Hong Kong & Kowloon Vermicelli & Noodle Manufacturing Industry Merchants' General Association.

29. Hong Kong Art Craft Merchants Association, Ltd.

30. Hongkong Diamond Bourse Limited.

31. Hong Kong Dried Seafood and Grocery Merchants Association Limited.

32. Hong Kong Dyestuffs Merchants Association Limited.

33. Hong Kong Egg Merchants Association (Fung-Kwai-Tong).

34. Hong Kong Embroidery Merchants Association Limited.

35. Hong Kong Flour Merchants' Association.

36. Hong Kong Flower Dealers & Workers Association.

37. Hong Kong Flower Retailers Association.

38. The Hong Kong Food Trades Association Limited.

39. Hong Kong Furniture & Decoration Trade Association Limited.

40. Hong Kong General Chamber of Pharmacy Limited.

41. Hong Kong Jewellers' & Goldsmiths' Association Limited.

42. Hong Kong Leather Shoe And Shoe Material Merchants Association Ltd.

43. Hong Kong Live Pig Trade Merchants' Association.

44. The Hong Kong Medicine Dealers' Guild.

45. Hong Kong Metal Merchants Association.

46. Hong Kong Record Merchants Association Ltd.

47. The Hong Kong Video Industry Association Ltd.

48. The Hong Kong Oil Merchants Association Ltd.

49. Hong Kong Paints & Pigments Merchants Association Ltd.

50. Hong Kong Petroleum, Chemicals and Pharmaceutical Materials Merchants Association Ltd.

51. Hong Kong Piece Goods Merchants' Association.

52. Hong Kong Plastic Material Suppliers Association Ltd.

53. Hong Kong Plumbing and Sanitary Ware Trade Association Ltd.

54. Hong Kong Rattan Merchants Association.

55. Hong Kong Retail Management Association Ltd.

56. Hong Kong Silk Piece-Goods Merchants' Association.

57. Hong Kong Stamp and Coin Dealers Association Ltd.

58. Hong Kong Yee Yee Tong Chinese Medicine Merchants Association Ltd.

59. Industrial Chemical Merchants' Association Ltd.

60. Kowloon Fresh Meat Retailers' Association Ltd.

61. The Kowloon Pearls, Precious Stones, Jade, Gold & Silver Ornament Merchants Association.

62. Kowloon Pig Laan Merchants Association.

63. Kowloon Poultry Laan Merchants Association.

64. The Motor Traders Association of Hong Kong.

65. Nam Pak Hong Association.

66. Chinese Merchants Association.

67. Po Sau Tong Ginseng & Antler Association Hong Kong Ltd.

68. The Rice Merchants' Association of Hong Kong Limited.

69. Hong Kong Sugar Merchants' Association.

70. Tobacco Institute of Hong Kong Ltd.

71. Umbrella Dealers Association, Hong Kong and Kowloon.

72. Victoria Cottonyard and Piecegoods Merchants Association Ltd.

73. Federation of Hong Kong, Kowloon and New Territories Hawkers Associations.

74. Hong Kong & Kowloon Vegetable Transportation Fraternity Association.

75. Yuet Sum Kong Vegetable Association (Hong Kong) Co.

76. The Kowloon Cheung Sha Wan Wholesale Vegetable Market (Importers) Recreation Club.

77. The Mongkok Vegetable Wholesale Merchants Association Company Ltd.

78. The Merchants Association of First Wholesalers/Jobbery of Imported Fresh Fruits & Vegetables Limited.

79. Hong Kong & Kowloon Poultry Dealers Guild.

80. New Territories Poultry Wholesalers Association.

81. HK Vegetable Wholesaler Community.

82. The Hongkong & Kowloon General Merchandise Merchants' Association.

83. The Anglo-Chinese Vegetable Wholesale Merchants Association Limited.

84. Hong Kong & Kowloon Fresh Water Fish Merchants' & Buyers' Association Limited.

85. Kowloon Fresh Fish Merchants Association.

86. Hong Kong Fresh Fish Merchants Association.

87. Eastern District Fresh Fish Merchants' Society.

88. Shau Kei Wan Fishery Merchants Association.

89. Hong Kong Registered Rice Wholesalers Association Limited.

SCHEDULE 1D [s. 20Z]

Composition of the Information Technology Functional Constituency

Item Body

1. Chubb (Hong Kong) Limited.

2. Asia Satellite Telecommunications Company Limited.

3. APT Satellite Co. Ltd.

------------------------------

SCHEDULE 1E [s. 20ZA]

Composition of the Catering Functional Constituency

Item Body

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. The Hong Kong Restaurant and Eating House Merchants General Association.

6. The Kowloon Restaurant and Eating House Merchants General Association.".

43. Constitution of Election Committee

Schedule 2 is amended---

(a) in section 1(5)---

(i) in paragraph (a), by repealing "Schedule 1" and substituting "section 20(1) of this Ordinance";

(ii) in paragraph (c), by repealing ", catering";

(b) in section 1(7)(c)(ii), by repealing "Provisional Legislative Council" and substituting "Legislative Council";

(c) in section 1(8), by adding "That Officer must not register a person as an ex-officio member of the Election Committee unless the person is a permanent resident of Hong Kong." after the full stop at the end;

(d) in section 1(12), in the definition of "relevant date", by repealing "1 April 1998" and substituting "30 June 2000";

(e) in section 1, by adding---

"(12A)* In column 3 of Table 4---

(a) "Hong Kong and Kowloon District Councils" (港九各區議會), in relation to the subsector specified in item 5 of that Table, means the District Councils specified in items 1 to 9 of Schedule 2 to the District Councils Ordinance ( of 1999); and

(b) "New Territories District Councils" (新界各區議會), in relation to the subsector specified in item 6 of that Table, means the District Councils specified in items 10 to 18 of Schedule 2 to the District Councils Ordinance ( of 1999).";

(f) in Table 1, in item 12, by repealing "業";

(g) in Table 4---

(i) by repealing item 2 and substituting---

"2. Legislative Members of the 60";
Council Legislative Council.

(ii) by repealing items 5 and 6 and substituting---

"5. Hong Kong and Members of the 21

Kowloon District Hong Kong and

Councils Kowloon District
Councils.

6. New Territories Members of the of 21";

District Councils the New Territories

District Councils.

(h) in Table 5, by repealing item 7;

(i) in section 3(6), by repealing "Members," and substituting "members";

(j) in section 4(2)---

(i) in paragraph (b), by repealing "; or" and substituting a comma;

(ii) by repealing paragraph (c);

(k) in section 7(1)---

(i) by repealing the definitions of "last geographical constituencies provisional register", "last functional constituencies provisional register" and "prescribed functional constituency" ;

(ii) by adding---

""existing functional constituencies final register" (現有功能界別正式選民登記冊) means the final
register of electors for functional constituencies compiled under section 32(1) of this Ordinance that is in force on the date of registration of voters for the subsectors;

"existing geographical constituencies final register" (現有地方選區正式選民登記冊) means the
final register of electors for geographical constituencies compiled under section 32(1) of this Ordinance that is in force on the date of registration of voters for the subsectors;

"existing subsector final register" (現有界別分組正式投票人登記冊) means the subsector final register compiled and published before the commencement of section 43(zc) of the Legislative Council (Amendment) Ordinance 1999 ( of 1999);";

(l) in section 8(1)---

(i) by repealing paragraphs (a) and (b) and substituting---

"(a) a person is eligible to be registered as a voter for a subsector with the same name as a functional constituency (other than the education subsector, the tourism subsector and the catering subsector) if---

(i) the person is eligible to be registered as an elector for that functional constituency and has made an application to be so registered; or

(ii) the person---

(A) is registered for that functional constituency in the existing functional constituencies final register; and

(B) is eligible to be, and is not disqualified from being, registered as an elector for that functional constituency; and";

(ii) in paragraph (c), by repealing everything after "hotel subsectors)" and substituting---

"if---

(i) the person---

(A) is a person specified opposite that subsector in column 3 of Table 5; and

(B) 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 is registered in the existing geographical constituencies final register and is eligible to be, and is not disqualified from being, registered as an elector for a geographical constituency; or

(ii) the person---

(A) is registered for that subsector in the existing subsector final register; and

(B) is eligible to be, and is not disqualified from being, registered as a voter for that subsector.";

(m) in section 8(2)---

(i) in paragraph (a), by repealing "paragraph (1), (2), (3), (23), (27), (42), (43), (45), (51), (55) or (60) of item 24 of Schedule 1" and substituting "section 20V(1)(a) or (b) of this Ordinance, Part 1 of Schedule 1B or item 15, 19, 34, 35, 37, 43, 47 or 52 of Part 3 of Schedule 1B";

(ii) in paragraph (b), by repealing "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" and substituting "section 20V(1)(i) of this Ordinance or item 1, 2, 4, 9, 10, 11, 12, 13, 14, 21, 30, 33, 36, 38, 39, 40, 41, 45, 48, 49, 50, 53, 54, 59, 61 or 62 of Part 3 of Schedule 1B";

(iii) in paragraph (c), by repealing "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" and substituting "section 20V(1)(d) or (e) of this Ordinance, Part 2 of Schedule 1B or item 3, 5, 6, 7, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 32, 42, 46, 51, 55, 58 or 60 of Part 3 of Schedule 1B";

(iv) in paragraph (d), by repealing "paragraph (6), (7), (16), (26), (39), (52), (64), (65), (69) or (70) of item 24 of Schedule 1" and substituting "section 20V(1)(g), (h), (j) or (k) of this Ordinance or item 8, 18, 20, 31, 44, 56 or 57 of Part 3 of Schedule 1B";

(n) in section 8(3)---

(i) in paragraph (a), by repealing "paragraph (1) or (2) of item 7 of Schedule 1" and substituting "section 20E(a) or (b) of this Ordinance";

(ii) by repealing paragraph (b) and substituting---

"(b) is registered for the education functional constituency in the existing functional constituencies final register, and is eligible to be registered as an elector for the education functional constituency by virtue of being a person described in section 20E(a) or (b) of this Ordinance.";

(o) in section 8(4)---

(i) in paragraph (a), by repealing "paragraph (3), (4), (5), (6) or (7) of item 7 of Schedule 1" and substituting "section 20E(c), (d), (e), (f) or (g) of this Ordinance";

(ii) by repealing paragraph (b) and substituting---

"(b) the person is registered for the education functional constituency in the existing functional constituencies final register, and is eligible to be registered as an elector for the education functional constituency by virtue of being a person described in section 20E(c), (d), (e), (f) or (g) of this Ordinance.";

(p) in section 8(5)---

(i) in paragraph (a), by repealing "paragraph (1), (2) or (3) of item 17 of Schedule 1" and substituting "section 20O(a), (b) or (c) of this Ordinance";

(ii) by repealing paragraph (b) and substituting---

"(b) is registered for the tourism functional constituency in the existing functional constituencies final register, and is eligible to be registered as an elector for the tourism functional constituency by virtue of being a person described in section 20O(a), (b) or (c) of this Ordinance.";

(q) in section 8(6)---

(i) in paragraph (a), by repealing "paragraph (4) or (5) of item 17 of Schedule 1" and substituting "section 20O(d) or (e) of this Ordinance";

(ii) by repealing paragraph (b) and substituting---

"(b) the person is registered for the tourism functional constituency in the existing functional constituencies final register, and is eligible to be registered as an elector for the tourism functional constituency by virtue of being a person described in section 20O(d) or (e) of this Ordinance.";

(r) in section 8, by adding---

"(6A)* A person is eligible to be registered as a voter for the catering subsector if the person---

(a) is eligible to be registered as an elector for the catering functional constituency and has made an application to be so registered; or

(b) is a person registered for the catering subsector in the existing subsector final register, and is eligible to be registered as an elector for the catering functional constituency.

(6B)* A person is eligible to be registered as a voter for the Hong Kong and Kowloon District Councils subsector if the person is a person described opposite to that subsector in column 3 of Table 4 and has made an application to be registered for the District Council functional constituency.

(6C)* A person is eligible to be registered as a voter for the New Territories District Councils subsector if the person is a person described opposite to that subsector in column 3 of Table 4 and has made an application to be registered for the District Council functional constituency.";

(s) in section 8(7)(c), by repealing ", 5 or 6 of Table 4 or item 1, 3, 4, 7" and substituting "of Table 4 or item 1, 4";

(t) in section 8, by adding---

"(7A)* Subject to this section---

(a) a person who---

(i) is a person described oppposite to the Hong Kong and Kowloon District Councils subsector in column 3 of Table 4; and

(ii) is registered or applies to be registered as an elector for the District Council functional constituency, cannot, subject to paragraph (c), be registered only as an elector for District Council functional constituency and not as a voter for the Urban District Councils subsector; and

(b) a person who---

(i) is a person described opposite to the New Territories District Councils subsector in column 3 of Table 4; and

(ii) is registered or applies to be registered as an elector for the District Council functional constituency, cannot, subject to paragraph (d), be registered only as an elector for the District Council functional constituency and not as a voter for the New Territories District Councils subsector; and

(c) a person who is registered or applies to be registered as a voter for the Hong Kong and Kowloon District Councils subsector cannot be registered only as a voter for that subsector and not as an elector for the District Council functional constituency; and

(d) a person who is registered or applies to be registered as a voter for the New Territories District Councils subsector cannot be registered only as a voter for that subsector and not as an elector for the District Council functional constituency; and

(e) a person who is registered, or has made an application to be registered, as an elector for the District Council functional constituency may be registered only as a voter---

(i) for the Hong Kong and Kowloon District Councils subsector if the person is a person described opposite that subsector in column 3 of Table 4; or

(ii) for the New Territories District Councils subsector if the person is a person described opposite that subsector in column 3 of Table 4,

(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 of Table 4 or item 1 or 4 of Table 5, the person may choose to be registered as a voter in the subsector referred to in subparagraph (i) or (ii), as the case may be, or in that other subsector; and

(f) a person who ceases to be eligible to be registered as an elector for the District Council functional constituency ceases to be eligible to be registered as a voter for the Hong Kong and Kowloon District Councils subsector or the New Territories District Councils subsector, but may, subject to subsections (7)(a) and (8), apply to be registered as a voter for any other subsector for which the person is eligible to be registered as a voter.";

(u) in section 8(9), by repealing "paragraph (1) or (2) of item 7 of Schedule 1" and substituting "section 20E(a) or (b) of this Ordinance";

(v) in section 8(10), by repealing "paragraph (3), (4), (5), (6) or (7) of item 7 of Schedule 1" and substituting "section 20E(c), (d), (e), (f) or (g) of this Ordinance";

(w) in section 8(12), by repealing "paragraph (1), (2) or (3) of item 17 of Schedule 1" and substituting "section 20O(a), (b) or (c) of this Ordinance";

(x) in section 8(13), by repealing "paragraph (4) or (5) of item 17 of Schedule 1" and substituting "section 20O(d) or (e) of this Ordinance";

(y) in section 8(15)---

(i) by repealing "a subsector specified in item 3, 4, 5 or 6" and substituting "the subsector specified in item 3";

(ii) in paragraph (b), by repealing "was registered in the last geographical constituencies provisional register" and substituting "is registered in the existing geographical constituencies final register";

(iii) by repealing "the relevant" and substituting "that";

(z) in section 8(16), by repealing ", 7";

(za) by repealing section 8(17) to (19);

(zb) in section 9(2)(a)(i), by adding "as an elector for a geographical constituency" after "registered";

(zc) in section 10(1)---

(i) in paragraph (a), by repealing "15 February 1998" and substituting "15 April 2000";

(ii) in paragraph (b), by repealing "15 March 1998" and substituting "25 May 2000";

(zd) in section 13(2)---

(i) in paragraph (a), by adding "or" at the end;

(ii) in paragraph (b), by repealing "; or" and substituting a full stop;

(iii) by repealing paragraph (c);

(ze) in section 22(3), by adding "The candidate or candidates on whom the lot falls is or are to be returned at the subsector election." after the full stop;

(zf) in section 23(1)(c), by repealing "Election," and substituting "subsector election,";

(zg) in section 25(1)---

(i) by repealing "失當" where it twice occurs and substituting "出錯";

(ii) by repealing "屬眾所周知" and substituting "足以令一般人明瞭所指的人、身分證明文件或地方為何".

44. Schedule substituted

Schedule 3 is repealed and the following substituted---

"SCHEDULE 3 [s. 84]

Savings and Transitional Provisions

1. Basis for the first provisional register for the catering functional constituency

(1) The existing subsector final register as defined in section 7(1) of Schedule 2, in so far as it relates to the catering subsector, forms the basis of the first provisional register for the catering functional constituency.

(2) In this Schedule, "the first provisional register for the catering functional constituency "(飲食界功能界別首份臨時選民登記冊) means the part in the provisional register of functional constituencies to be compiled not later than 15 April 2000 under section 32(1) of this Ordinance that relates to the catering functional constituency.

2. Electoral Registration Officer to prepare an omissions list

Before publishing the first provisional register for the catering functional constituency, the Electoral Registration Officer must---

(a) after scrutinizing the existing subsector final register referred to in section 1, strike out the names and other relevant particulars of all those persons whom the Electoral Registration Officer is satisfied on reasonable grounds as not to be eligible to be registered as electors for the catering functional constituency; and

(b) in the case of persons whose names and other relevant particulars are struck out under paragraph (a), enter the names and other relevant particulars of those persons on an omissions list.

3. Electoral Registration Officer to publish a notice that omissions list is available for public inspection

(1) As soon as practicable after complying with section 2, the Electoral Registration Officer must publish---

(a) in the Gazette; and

(b) in such other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), a notice to the effect that the names and other relevant particulars of persons who are not eligible to be registered as electors for the catering functional constituency have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected.

(2) 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 (Cap. 541)---

(a) keep the omissions list at that Officer's office; and

(b) during the ordinary business hours of that office, make the list available for inspection by members of the public, free of charge.".

45. Transitional provisions

(1) The 2 sitting Members for the Urban Council functional constituency and the Regional Council functional constituency in the first term of office of the Legislative Council are, subject to section 15 of the principal Ordinance, to remain in their office as such Members until that term expires.

(2) Despite section 36 of the principal Ordinance, no by-election to fill a vacancy occurring in the membership of the first term of office of the Legislative Council in respect of the Urban Council functional constituency or the Regional Council functional constituency may be held after 31 December 1999.

(3) Any oath given by a person, who has been returned as a Member for the first term of office of the Legislative Council, under section 40(1)(b)(iii) of the principal Ordinance before the commencement of section 24(a) of this Ordinance is taken to be modified so that it complies with section 40(1)(b)(iii) of the principal Ordinance as amended by section 24(a) of this Ordinance. Consequential Amendments

Federation of Hong Kong Industries Ordinance

46. Allocation of full members to scheduled groups, etc.

Section 45(5) of the Federation of Hong Kong Industries Ordinance (Cap. 321) is repealed and the following substituted---

"(5) Where the exercise of the general committee's powers under subsection (3) would result in a change in the entitlement of any person to vote at a general meeting of the Federation as referred to in the Legislative Council Ordinance (Cap. 542), such change does not take effect until the Secretary for Constitutional Affairs has given his written approval.".

Electoral Affairs Commission Ordinance

47. Regulations

Section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) is amended---

(a) in subsection (1)---

(i) in paragraph (d), by adding---

"(iiia) the arrangements for advance polling for a general election;";

(ii) by adding---

"(ha) the declaration of failure of an election;";

(b) in subsection (2), by repealing "延期或";

(c) in subsection (3), by repealing "延期或" wherever it occurs;

(d) in subsection (4)---

(i) in paragraph (a), by repealing "延期或" where it twice occurs;

(ii) in paragraph (b)---

(A) by repealing "延期或" where it twice occurs;

(B) by repealing "; and" and substituting a full stop;

(iii) by repealing paragraph (c);

(e) by adding---

"(4A) The Commission may make regulations to provide for the postponement or adjournment of advance polling on a particular date for a general election, or the cancellation of advance polling on a particular date for a general election (if no later date for holding advance polling has been specified for that election by the authority or person who has power under any electoral law to specify such date), where the Commission or any person specified in the regulations is of the opinion that the advance polling on that date is likely to be or is being obstructed, disrupted or undermined or seriously affected by---

(a) a typhoon or other climatic condition of a serious nature;

(b) riot or open violence or any other occurrence of public danger; or

(c) an occurrence which appears to the Commission or the specified person to be a material irregularity relating to the advance polling.

(4B) Subsection (4A) shall not be construed as empowering the Commission to postpone, adjourn or cancel the advance polling for a general election on any ground referred to in subsection (4A)(b).

(4C) The Commission may by regulation provide for the procedure for the postponement, adjournment or cancellation of the advance polling for a general election on any ground referred to in subsection (4A)(b) by the authority or person who has the power under any electoral law to effect the postponement, adjournment or cancellation.";

(f) in subsection (7)---

(i) by repealing ", "constituency" (選區或選舉界別) means";

(ii) by adding before paragraph (a)---

""constituency" (選區或選舉界別) means---";

(iii) in paragraph (b), by repealing the full stop and substituting a semicolon;

(iv) by adding---

""advance poll" and "advance polling" (預先投票) have the meanings assigned to them by the Legislative Council Ordinance (Cap. 542);

"poll" (投票), except in subsection (1), does not include an advance poll.".

48. Report on boundaries

Section 18 is amended---

(a) by repealing subsection (3)(a) and substituting---

"(a) in respect of---

(i) the general election for the second term of office of the Legislative Council, not later than 31 October 1999; and

(ii) subsequent general elections, at intervals of not more than 36 months from the preceding general election; and";

(b) in subsection (4)---

(i) by repealing "(3)(b)(i)" and substituting "(3)(a)(i) and (b)(i)";

(ii) by repealing "(3)(a) or" and substituting "(3)(a)(ii) or".

Explanatory Memorandum

The object of this Bill is to amend the Legislative Council Ordinance (Cap. 542) ("the Ordinance")---

(a) to make provision for the second term of office of the Legislative Council, including---

(i) the number of Members of the Legislative Council ("Members") to be returned for the geographical constituencies and functional constituencies and by the Election Committee;

(ii) the establishment and composition of new functional constituencies and new subsectors;

(b) to adjust the annual cycle for compilation of electoral registers;

(c) to introduce a pilot scheme of advance polling in respect of a general election;

(d) to disqualify some other public officers from standing for election;

(e) to enable the Returning Officer to vary his or her decision on the validity of nomination of a candidate before election;

(f) to provide for termination of proceedings for an election if, on the general polling day, a candidate is found to have died or is disqualified;

(g) to provide that an election fails or partially fails if a successful candidate is found to have died or be disqualified before the result of election is declared; and

(h) to make other related amendments.

2. The Bill modifies the existing provisions of the Ordinance relating to the convening of the Legislative Council so that---

(a) each term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council (clause 3);

(b) the Chief Executive must specify a date for holding the general election for each term of office of the Legislative Council (clauses 4 and 5);

(c) the Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year (clause 7);

(d) the Chief Executive must specify the date and time for holding the first meeting of each term of office of the Legislative Council (clause 8).

3. There will be 5 geographical constituencies (clause 10), which will return 24 Members for the second term of office of the Legislative Council. The number of Members to be returned for each geographical constituency is to be a number not less than 4 nor greater than 6 (clause 11).

4. There will be 28 functional constituencies for the second term of office of the Legislative Council (clause 12). These are as follows---

(1) the Heung Yee Kuk functional constituency;

(2) the agriculture and fisheries functional constituency;

(3) the insurance functional constituency;

(4) the transport functional constituency;

(5) the education functional constituency;

(6) the legal functional constituency;

(7) the accountancy functional constituency;

(8) the medical functional constituency;

(9) the health services functional constituency;

(10) the engineering functional constituency;

(11) the architectural, surveying and planning functional constituency;

(l2) the labour functional constituency;

(13) the social welfare functional constituency;

(14) the real estate and construction functional constituency;

(15) the tourism functional constituency;

(16) the commercial (first) functional constituency;

(17) the commercial (second) functional constituency;

(18) the industrial (first) functional constituency;

(19) the industrial (second) functional constituency;

(20) the finance functional constituency;

(21) the financial services functional constituency;

(22) the sports, performing arts, culture and publication functional constituency;

(23) the import and export functional constituency;

(24) the textiles and garment functional constituency;

(25) the wholesale and retail functional constituency;

(26) the information technology functional constituency;

(27) the catering functional constituency; and

(28) the District Council functional constituency.

5. Most of these 28 functional constituencies are existing constituencies and opportunity has been taken to update the names of their constituents (clause 12). The Urban Council functional constituency and Regional Council functional constituency established for the first term of office of the Legislative Council will be replaced by 2 new functional constituencies, i.e. the catering functional constituency and the District Council functional constituency.

6. For the sake of clarity, the delineation of these functional constituencies are set out in the main text of the Ordinance (clause 13) while detailed lists of names of bodies are contained in the Schedules (clause 42). The Chief Executive in Council will be able to amend those Schedules, subject to the approval of the Legislative Council, by order published in the Gazette (clause 41).

7. For the new catering functional constituency, it will be composed of holders of food business licences and other named bodies. Names of voters in the existing subsector final register in respect of the catering subsector will be rolled over to the first provisional register for the catering functional constituency (clause 44). For the District Council functional constituency, it will comprise members of the District Councils.

8. The system of voting to be adopted for the 2 new functional constituencies will the simple or relative majority system of election (otherwise known as the "first past the post" voting system)(clause 34). A person eligible to be registered as an elector for one of these new functional constituencies will be able to choose to be registered in another functional constituency if he or she is so eligible (clause 16).

9. The number of Members to be returned for each of the functional constituencies at the general election for the second term of office of the Legislative Council will be the same as that at the first general election, that is, 3 Members are to be returned for the labour functional constituency and 1 Member is to be returned for each of the other functional constituencies.

10. Six Members are to be returned by the Election Committee established for the second term of office of the Legislative Council (clauses 14 and 15). A member of the Election Committee will have to cast all the 6 votes to which he or she is entitled, otherwise the votes will not be valid (clause 35).

11. Most of the subsectors comprising the new Election Committee are subsectors comprising the Election Committee established for the first term of office of the Legislative Council, except that---

(a) the Provisional Legislative Council subsector is replaced by the Legislative Council subsector, the eligible voters of which are Members of the Legislative Council;

(b) the Hong Kong and Kowloon Provisional District Boards subsector and the New Territories Provisional District Boards subsector are replaced by the Hong Kong and Kowloon District Councils subsector and the New Territories District Councils subsector, the eligible voters of which are members of the Hong Kong and Kowloon District Councils and members of the New Territories District Councils respectively. A voter of the Hong Kong and Kowloon District Councils subsector or the New Territories District Councils subsector will also have to be registered as an elector of the District Council functional constituency. Also, a person will not be able to be registered as an ex-officio member of the Election Committee unless he or she is a permanent resident of Hong Kong (clause 43).

12. The current cycle for compilation of electoral registers is also to be adjusted. The Electoral Registration Officer will be required to compile provisional registers of geographical constituencies and functional constituencies not later than 15 April (instead of 15 February) in each year. The Electoral Registration Officer will also be required to compile and publish final registers of geographical constituencies and functional constituencies not later than 25 May (instead of 31 March) in each year (clause 18). On the other hand, the subsector provisional register of voters for an Election Committee subsector election will have to be compiled not later than 15 April 2000, while the subsector final register will have to be compiled not later than 25 May 2000 (clause 43). Accordingly, the cut-off date for determining whether a natural person has reached the age of 18 for the purpose of registration as an elector (currently being 31 March, which is the deadline for publishing the final registers) will be changed to 25 May (clause 17).

13. The Bill also provides for the holding of advance polling for a general election. The Chief Executive will be empowered to specify, by notice in the Gazette, a date or dates for holding an advance poll (clause 6). An elector will be able to apply for voting on the advance polling day or any of the advance polling days. If such an application is approved, the elector will be required to vote on that advance polling day or any of the advance polling days and, except where advance polling is cancelled, the elector will not be able to vote on the general polling day (clause 31). The Chief Executive will be able to postpone, adjourn or cancel any advance polling if the Chief Executive is of the opinion that the advance polling is likely to be obstructed, disrupted, undermined or seriously affected by riot, open violence or any occurrence of public danger (clause 27).

14. The Bill also provides for the Returning Officer to decide whether a person is validly nominated as a candidate after receiving a nomination form (clause 25). A person standing as a candidate for a functional constituency will have to satisfy the Returning Officer (instead of the Electoral Registration Officer) that the person has a substantial connection with the constituency (clause 21). Also the promissory oath to be submitted with the nomination form is slightly changed so that the person promises not to do anything during his or her term of office, if elected, that results in the circumstances specified in section 40(1)(b)(iii) of the Ordinance (clause 24). Oaths previously given by Members are to be construed accordingly (clause 45(3)).

15. The Returning Officer will be allowed, before the general polling day (or before the advance polling day or the first advance polling day if more than one), to vary his or her decision on the validity of nomination of a candidate if it comes to his or her knowledge that the candidate has died or is disqualified. That means the election proceedings will no longer be terminated at this stage. Instead, the Returning Officer will have to publicly declare that the candidate has died or publicly declare that his or her decision has been varied because of the candidate's disqualification (clauses 25 and 28). If the deceased or disqualified candidate is a candidate on a list, then, after his or her name is struck out from the list, the name of a surplus nominee that has previously been excluded from that list may be restored to the list according to the order of priority (clause 22). The Returning Officer will be required to further declare which candidate or candidates are validly nominated. However, these provisions will not apply if the deceased or disqualified candidate has already been declared elected (clause 25).

16. The Bill further provides that, in addition to other prescribed public officers, the Privacy Commissioner for Personal Data and the Chairperson of the Equal Opportunities Commission and their staff are also to be disqualified from being nominated as candidates and from being elected as Members (clause 23).

17. If, however, the Returning Officer becomes aware of the death or disqualification of a candidate on the general polling day (or on or after the advance polling day or the first advance polling day if more than one) but before the close of polling for the election, the Returning Officer will have to terminate the election proceedings (clause 30, in new section 46A(1)).

18. If the death or disqualification comes to the knowledge of the Returning Officer after the close of polling but before the result of the election is declared, the election proceedings will continue (clause 30, in new section 46A(2)). No declaration that a vacancy exists will be made at this stage (clause 19).

19. If, after the counting of votes is finished, it is found that the deceased or disqualified candidate was successful, the Returning Officer will have to publicly declare that the election has failed or (if more than one Member is to be returned at that election for the constituency concerned or by the Election Committee and there is another candidate or there are other candidates returned for that constituency or by that Committee) has partially failed (clause 30, in new section 46A(3)). Nevertheless, if the deceased or disqualified candidate was contesting in respect of a list for a geographical constituency, the seat will be able to be taken up by another candidate on the same list who has not been returned (if that other candidate is not disqualified from being elected). The election for that geographical constituency will not, therefore, fail or partially fail unless there is no such other candidate on the same list to take up the seat (clauses 30, in new section 46A(4), and 32).

20. If an election is declared to have failed or partially failed because of the death or disqualification of a successful candidate, a by-election will be held (clause 20).

21. The Bill also makes it clear that, where lots have to be drawn at any stage in the counting of votes or after the counting of votes at an election to determine the result, the candidate on whom the lot falls is to be returned as a Member or (in the case of a geographical constituency) the Member is to be returned from the list on which the lot falls (clauses 32 to 35).

22. If a person who is elected as a Member does not accept the office, the Clerk to the Legislative Council will be required to publish a notice to this effect in the Gazette within 21 days (instead of 14 days) after receiving the notice of non-acceptance from the person (clause 9).

23. There are also transitional provisions in the Bill to ensure that the sitting Members of the Legislative Council representing the Urban Council functional constituency and the Regional Council functional constituency will be able to remain in office as Members until the expiration of the first term of office of the Legislative Council. However, if their seats become vacant, no by-election is to be held after 31 December 1999 (clause 45(1) and (2)).

24. The Bill also makes other technical amendments to the Ordinance.

25. Consequential amendments to the Federation of Hong Kong Industries Ordinance (Cap. 321) and the Electoral Affairs Commission Ordinance (Cap. 541) are also made (clauses 46 to 48).