Annex I

WRITTEN ANSWER

Written answer by the Secretary for Financial Services to Mr HUI Cheung-ching's supplementary question to Question 3

According to the Hong Kong Monetary Authority's statistics, the ratios of residential mortgage loans overdue respectively for over half a year and one year are as follows:

Ratio of residential mortgage loans overdue for

Period*

Over half a year

Over a year

End-December 1998

0.34%

0.05%

End-January 1999

0.43%

0.07%

End-March 1999
(latest figures)

0.57%

0.11%



* HKMA started to collect statistics on maturity breakdown of overdue residential mortgage loans in June 1998. Therefore, figures as at end-March 1997 are not available.

Annex II

WRITTEN ANSWER

Written answer by the Secretary for Financial Services to Mr SIN Chung-kai's supplementary question to Question 3

According to the Hong Kong Monetary Authority's statistics, as at end 1998, loans for use outside Hong Kong of locally incorporated banks were 2.8% of total loans. The bad and doubtful debt ratios of local banks I provided at the meeting on 10 March 1999 cover the bad and doubtful debts arising from loans for use both outside and within Hong Kong. The Authority does not collect breakdown between the two.

Annex III

FILM CENSORSHIP (AMENDMENT) BILL 1998

COMMITTEE STAGE

Amendments to be moved by the Secretary for
Information Technology and Broadcasting

Clause

Amendment Proposed

   

4

In the Chinese text, by deleting the proposed section 8A(3) and substituting -

   
 

"(3) 儘管有第(1)款的規定,監督可藉用面交或掛號郵遞方式向
任何憑藉第(2)款上映或擬憑藉第(2)款上映該款所述種類的定畫
影片的人送達的書面通知,規定該人在自送達當日起計的5個工
作天之內,或在任何個別個案中監督所准許的較長期間內,向
監督送呈該定畫影片。".

   

5

(a) In paragraph (b), in the proposed section 9(3)(b), by adding "有" before
"規限".

   
 

(b) By adding -

   
 

"(ba) in subsection (3A), by adding "or a laserdisc" after "videotape".".

   
   

7

By deleting the clause and substituting -

   
 

"7. Certificate of approval, notice of refusal to
approve and notice concerning excision

   
  Section 13 is amended -
   
 

(a) in subsections (1)(a) and (4)(b)(iii)(A), by repealing "the prescribed form" and substituting "such form as the Authority may determine";

   
 

(b) in subsection (4C), by adding "or a laserdisc" after "videotape".".

   
   

8(c)

In the Chinese text, by deleting the proposed section 15B(4)(b)(iii) and substituting -

   
 

"(iii) 在一項規定已根據(a)段作出的情況下,須批署有該項規定。".

   
   

New

By adding -

   
 

"12A. Authority to maintain repository

   
 

Section 29A(1)(a) is amended by adding "or laserdiscs" after "videotapes".".

Annex IV

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Secretary for Constitutional Affairs

Clause

Amendment Proposed

   

2

(a) In the definition of "ex officio member" by deleting "9(c)" and substituting "9(1)(c)".

(b) In the definition of "ordinary election" by deleting paragraph (a) and substituting -

"(a) in relation to a District Council, the first election to elect persons to be the elected members of the District Council; or".

(c) In the definition of "prescribed public officer" 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); or

(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); or".

   
   

8(1)

By adding "subject to the approval of the Legislative Council" after "may".

   
   

9

(a) By renumbering it as clause 9(1).

   
 

(b) In subclause (1)(c) by adding "subsection (2) and" after "subject to".

   
 

(c) By adding -

   
 

"(2) If a Rural Committee specified in column 5 of Part II of Schedule 3 is a Rural Committee that falls within more than one District, for the purposes of subsection (1)(c), it is taken to be in the District specified opposite to it in column 2.

   
 

(3) The Chairman of each Rural Committee specified in column 5 of Part II of Schedule 3 is eligible under subsection (1)(c) to become ex officio member of the District Council specified opposite to it in column 3.

   
 

(4) Subsections (2) and (3) and Part II of Schedule 3 are without prejudice to any other law governing Rural Committees.".

   
   

11

(a) In subclause (2) by deleting "subsection (3) and".

   
 

(b) By deleting subclause (3).

   
   

14

By deleting subclause (4) and substituting -

   
 

"(4) Subject to subsection (6), an appointed member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period.

(5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent.

(6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent.".

   
   

16

(a) In subclause (3) by deleting "subsection (4) and".

   
 

(b) By deleting subclause (4).

   
   

17

(a) By renumbering it as clause 17(1).

   
 

(b) By adding -

   
 

"(2) A person who is a Chairman of a Rural Committee cannot accept office as an ex officio member in more than one District Council concurrently.".

   

19

By deleting subclause (4) and substituting -

   
 

"(4) Subject to subsection (6), an ex officio member is also disqualified from holding office until the members elected at the next ordinary election commence their term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period.

   
 

(5) The disqualifying period under subsection (4) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent.

   
 

(6) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent.".

   
   

24

By deleting subclause (5) and substituting -

   
 

"(5) Subject to subsection (7), an elected member is also disqualified from holding office for the remainder of that member's term of office if the member does not attend meetings of the District Council for 4 consecutive months ("disqualifying period") without obtaining the consent of the Council before the end of that period.

   
 

(6) The disqualifying period under subsection (5) begins on the day next following the date of the meeting of the Council at which the member is first absent without consent.

   
 

(7) If during the disqualifying period no meetings are held or only one meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent.".

   
   

27

By deleting subclause (3) and substituting -

   
 

"(3) The Chief Executive must determine a date for holding an ordinary election under this section and give notice of that date in the Gazette.".

   
   

New

By adding in Part V, in Division 1 -

"27A. Suspension of operation of District Councils
to enable ordinary election to be held

(1) After the Chief Executive determines a date for holding an ordinary election and gives notice under section 27(3), the Designated Officer may, to facilitate the holding of such election, determine a date with effect from which the operation of the District Councils is to be suspended until the commencement of the term of office of the members elected at that ordinary election.

(2) The Designated Officer must give notice in the Gazette of the date determined by that Officer under subsection (1).

(3) Subject to subsection (4), the operation of all District Councils and their committees stand suspended with effect from the date determined by the Designated officer under subsection (1).

(4) If the Designated Officer is of the opinion that circumstances so warrant, that Officer may permit or request a District Council or a committee to hold one or more meetings during the period of suspension.

(5) Nothing in this section is to be construed as affecting the term of office of a person who is a member of a District Council when the operation of that District Council is suspended under this section.".

   
   

32(1)

(a) In paragraph (b) by deleting "37" and substituting "38A(1)".

(b) In paragraph (c) -

(i) by deleting the full stop and substituting "; and";

(ii) by deleting "無法進行" and substituting "未能完成".

(c) By adding -

"(d) on the making of a declaration under section 38A(3) that an election for a constituency has failed because of the death or disqualification of the successful candidate at the election.".

   
   

New

By adding -

   
 

"34A. 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 but before the date specified for holding the election, 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 that constituency.

(3) Subsection (2) does not apply if the Returning Officer has publicly declared under section 38(1) that the candidate was duly elected as an elected 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 but before the date specified for holding the election, 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 that constituency.

(5) Subsection (4) does not apply if the Returning Officer has publicly declared under section 38(1) that the candidate was duly elected as an elected member.".

   
   

37

By deleting the clause.

   

38(2)

By deleting "無法進行" and substituting "未能完成".

   

New

By adding -

"38A. When election proceedings are terminated or when an election fails

(1) If, on the day specified for the holding of an election but before the close of polling for the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency 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 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 has died or is disqualified from being elected, the proceedings for the election for the constituency 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 to have failed.".

   

39

By adding -

"(5) Despite subsection (4), if, before declaring the result of an election for a 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 candidates as elected; and

(b) must publicly declare, under section 38A(3), that the election has failed.".


59

(a) In paragraph (a)(i) by deleting "including matters relating to food and environmental hygiene services".

(b) In paragraph (b) -

(i) in subparagraph (i) by deleting "and";

(ii) in subparagraph (ii) by deleting the full stop and substituting "; and";

(iii) by adding -

"(iii) community activities within the District.".

   

68

In the heading by adding "of a District Council" after "Quorum".

   

69(2)

By deleting "20" and substituting "20(1)".

   

70

(a) In the heading by adding "or a committee" after "Council".

(b) By adding -

"(2A) The validity of proceedings of a committee are not affected by a defect in the appointment of or eligibility of a person to be a member of the committee.".

   

77

In the heading by deleting "members" and substituting "persons".

   

83(1)

By deleting "in relation to the performance of its functions" and substituting ", in the performance of its functions, in relation to matters which affect the public interest".

   

New

By adding -

"84A. Transitional: application of section 27A to
first ordinary election

In relation to the first ordinary election to be held under this Ordinance, section 27A is to have effect as if "Provisional District Board" and "Provisional District Boards" were substituted for "District Council" and "District Councils" respectively.".


86(3)

(a) By adding "8," after "4,".

(b) By deleting "18" and substituting "13A, 17A, 18, 19A".

   
   

Schedule 3

(a) Within the square brackets at the beginning, by adding ", 9" after "8".

(b) By renumbering it as Part I of Schedule 3.

(c) By adding -

        "Part II
        Item District District
        Council
        Number of
        Rural
        Committees
        Names of
        Rural Committees

        1.

        Islands
        District

        Islands
        District
        Council

        8

        Cheung Chau Rural Committee

        Lamma Island (North) Rural Committee

        Lamma Island (South) Rural Committee

        Mui Wo Rural Committee

        Peng Chau Rural Committee

        South Lantao Rural Committee

        Tai O Rural Committee

        Tung Chung Rural Committee

        2.

        Kwai
        Tsing
        District

        Kwai Tsing
        District
        Council

        1

        Tsing Yi Rural Committee

        3.

        North
        District

        North
        District
        Council

        4

        Fanling District Rural Committee

        Sha Tau Kok District Rural Committee

        Sheung Shui District Rural Committee

        Ta Kwu Ling District Rural Committee

        4.

        Sai Kung
        District

        Sai Kung
        District
        Council

        2

        Hang Hau Rural Committee

        Sai Kung Rural Committee

        5.

        Sha Tin
        District

        Sha Tin
        District
        Council

        1

        Sha Tin Rural Committee

        6.

        Tai Po
        District

        Tai Po
        District
        Council

        2

        Sai Kung North Rural Committee

        Tai Po Rural Committee

        7.

        Tsuen Wan
        District

        Tsuen Wan
        District
        Council

        2

        Ma Wan Rural Committee

        Tsuen Wan Rural Committee

        8.

        Tuen Mun
        District

        Tuen Mun
        District
        Council

        1

        Tuen Mun Rural Committee

        9.

        Yuen Long
        District

        Yuen Long
        District
        Council

        6

        Ha Tsuen Rural Committee

        Kam Tin Rural Committee

        Pat Heung Rural Committee

        Ping Shan Rural Committee

        San Tin Rural Committee

        Shap Pat Heung Rural Committee".

Schedule 4

(a) In Form 1 -

(i) in paragraph (b) by deleting "and";

(ii) in paragraph (c) by deleting the full stop and substituting "; and ";

(iii) by adding -

"(d) to the best of my knowledge and belief I am not disqualified for appointment and from holding office as an appointed member by virtue of section 14 of the District Councils Ordinance.".

(b)

In Form 2 -

(i) in paragraph (b) by deleting "and";

(ii) in paragraph (c) by deleting the full stop and substituting "; and";

(iii) by adding -

"(d) to the best of my knowledge and belief I am not disqualified from holding office as an ex officio member by virtue of section 19 of the District Councils Ordinance.".

Schedule 6,
section 11

By deleting paragraph (a) and substituting -

"(a) in the definition of "Designated Officer" in paragraph (b) by repealing "in a District in the Urban Council area or a District in the Regional Council area" and substituting "to a District Council";".

Schedule 6

By adding before the heading "Protection of Investors Ordinance" -

 

"Trade Unions Ordinance

13A. Electoral fund

Section 33A(1) of the Trade Unions Ordinance (Cap. 332) is amended by repealing "District Board" wherever it appears and substituting "District Council".".

Schedule 6

By adding under the heading "Electoral Affairs Commission Ordinance" -

"17A. Long title amended

In the long title to the Electoral Affairs Commission Ordinance (Cap. 541) is amended by adding "and District Council constituencies" after "constituencies".".

Schedule 6,
section 18

By deleting "of the Electoral Affairs Commission Ordinance (129 of 1997)".

Schedule 6

By adding -

"19A. Functions of Commission

Section 4(a) is amended by adding "or District Council constituencies, as the case may be," after "constituencies".".

Schedule 6,
section 20

(a)

By deleting paragraph (b)(ii) and substituting -

"(ii) in paragraph (b) -

(A) by repealing subparagraph (ii);

(B) by repealing "or bodies";

(iia) by adding -

"(ba) an ordinary election; or";".

(b)

By deleting paragraph (b)(iii) and substituting -

"(iii) in paragraph (c) by repealing "General election" and substituting "general election or an ordinary election";".

(c)

By deleting paragraph (c)(i) and substituting -

"(i) in paragraph (b) by repealing "General election" where it twice appears and substituting "general election or an ordinary election";".

Schedule 6,
section 22

By deleting paragraph (b)(ii), (iii) and (iv) and substituting -

"(ii) by repealing sub-subparagraph (C) and substituting -

"(C) a District Council;".".

Schedule 6,
section 24

(a) By adding -

"(aa) in subsection (2)(a) by adding "or District Council constituency, as the case may be" after "constituency";".

(b) By deleting paragraph (b) and substituting -

"(b) by repealing subsection (3)(b) and substituting

"(b) in respect of -

(i) the first ordinary election to be held under the District Councils Ordinance ( of 1998), not later than 31 May 1999; and

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

Schedule 6,
section 25

By deleting paragraph (b) and substituting -

"(b) in subsection (9) by repealing "first provisional recommendations made after the commencement of this section" and substituting "provisional recommendations made for the first ordinary election to be held under the District Councils Ordinance ( of 1998)".".

Schedule 6,
section 26

By adding -

"(ea) in subsection (6)(b) by repealing "or the geographical constituency" and substituting ", the geographical constituency or the District Council constituency";".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Cyd HO Sau-lan

Clause

Amendment Proposed

   

New

By adding -

   
 

"70A. Audit

   
 

(1) The Chairman of each District Council shall within the period of 4 months, or such longer period as the Chief Executive may determine, after the close of each financial year, transmit to the Director of Audit -

(a) the statement of expenses of each Council for that financial year; and

(b) such other statements as the Director of Accounting Services may specify from time to time.

(2) The Director of Audit shall be entitled at any time to have access to all books of account, vouchers and other financial records of each Council and to require such information and explanations thereon as he thinks fit.

(3) On receipt of the statements referred to in subsection (1), the Director of Audit -

(a) shall examine and audit the statements; and

(b) shall within a period of 6 months after the close of the financial year, or such longer period as the Chief Executive may determine, prepare and submit to each Council a report in respect of his examination and audit of the statements together with a copy of the statement of expenses duly certified by him.

(4) The Chairman of each Council shall send copies of the audited statements and of the report of the Director of Audit to the Chief Executive.".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable LEE Wing-tat

Clause

Amendment Proposed

   

2

(a) By deleting the definitions of "ex officio member" and "Rural Committee".

(b) In the definition of "member", by deleting "or an ex officio member".

9

In the heading, by deleting "and ex officio members".

   

9(b)

By deleting "; and" and substituting ".".

   

9

By deleting paragraph (c).

   

10

By deleting the clause.

   

Part IV

By deleting Division 2.

   

20

By deleting subclause (3).

   

26(b)

By deleting "10 or".

   

70(3)(b)

By deleting "or ex officio member".

   

81

(a) By deleting "and 17".

(b) By deleting "an ex officio members".

   

82

By deleting "or ex officio member".

   

Schedule 4

(a) Within the square brackets at the beginning, by deleting ", 17".

(b) By deleting Form 2.

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable LEE Wing-tat

Clause

Amendment Proposed

   

2

(a) By deleting the definition of "appointed member".

(b) In the definition of "member", by deleting ", an appointed member".

   

Part II

In the heading, by deleting "AND APPOINTED MEMBERS".

   

5

(a) In the heading, by deleting "and the number of members to be appointed to it".

(b) By deleting subclause (2).

   

8(2)

By deleting paragraph (d) and substituting -

"(d) to specify the number of members to be elected to a District Council; and".

   

9

(a) In the heading, by deleting ", appointed members".

(b) By deleting paragraph (b).

   

10

(a) In the heading, by deleting "or appointed member".

(b) By deleting "or appointed member".

   

Part IV

By deleting Division 1.

   

70(2)(b)

By deleting "appointment or".

   

70(3)(b)

By deleting "appointed member or".

   

81

(a) By deleting "13 and".

(b) By deleting "appointed members and".

   

82

By deleting "appointed member or".

   

Schedule 3

(a) By deleting "【ss. 5, 8 & 11】" and substituting "【ss. 5 & 8】".

(b) In the heading, by deleting "AND APPOINTED MEMBERS".

(c) By deleting column 4.

   

Schedule 4

(a) Within the square brackets at the beginning, by deleting "13,".

(b) By deleting Form 1.

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Fred LI Wah-ming

Clause

Amendment Proposed

   

69

By deleting subclause (2) and substituting -

"(2) A District Council may appoint to a committee any person who is not a member.".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Fred LI Wah-ming

Clause

Amendment Proposed

   

Schedule 6,
Section 12

By deleting the section and substituting -

"12. Application of the Ordinance

Section 3(1)(e) is amended by repealing "Board" wherever it appears and substituting "Council".".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Ronald ARCULLI

Clause

Amendment Proposed

   

14

By adding -

"(7) An appointed member is also disqualified from holding office if the person was not eligible for appointment as a member under section 12.".

   

24

By adding -

"(8) An elected member is also disqualified from holding office if the person was not eligible to be nominated as a candidate under section 20.".

   

69

By adding -

"(2A) If a person who is appointed to a committee under subsection (2) and such person is not a member of that Council then more than one-half of the members of such committee shall be members of that Council.".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable CHEUNG Man-kwong

Clause

Amendment Proposed

   

20(1)(e)

By deleting "3 years" and substituting "1 year".

   

21(1)(e)(i)

By deleting "or any other place".

   

24(1)(d)(i)

By deleting "or any other place".

   

33(1)

(a) In paragraph (b) -

(i) By deleting "uphold the Basic Law and";

(ii) By deleting the full stop and substituting "; and".

(b) By adding -

"(c) the nomination form includes or is accompanied by a declaration whether or not, within 5 years up to the date of nomination, the person has been convicted of any offence in any place outside of Hong Kong, in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine.".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Christine LOH

Clause

Amendment Proposed

   

59

(a) By adding before paragraph (a) -

"(aa) to exercise such powers and persofrm such duties as are conferred or imposed on it by this or any other Ordinance; and

(ab) to undertake such other functions within the District as the Chief Executive may from time to time direct; and".

(b) In paragraph (a)(iii), by deleting "and" at the end.

   
 

(c) By deleting paragraph (a)(iv).

   
 

(d) In paragraph (b), deleting ", to undertake".

   
 

(e) In paragraph (b)(i), by adding "to undertake local public works and" before "environmental improvement".

   
 

(f) By deleting paragraph (b)(ii) and substituting -

   
 

"(ii) to provide, promote, sponsor, assist or collaborate with any other person or group of persons whether incorporated or not in the organizing or presenting of recreational, sports and cultural activities whether entirely within the District or jointly with 1 or more other District Councils within 2 or more District;".

   
 

(g) In paragraph (b), by adding -

   
 

"(iv) to establish and maintain within the District places and facilities for recreation, relaxation, the performance of sports of any kind and the conduct of literary, artistic, musical or other cultural activities of any kind.".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable SIN Chung-kai

Clause

Amendment Proposed

   

67(1)

By deleting "a public officer" and substituting "any person".

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Andrew WONG Wang-fat

Clause

Amendment Proposed

   

14

By adding -

   
 

"(1A) A person is also disqualified for appointment and from holding office as an appointed member, if the person -

   
 

(a) within the 6 years before the date of appointment (were he to be appointed), has been nominated as a candidate in an election of any District Council or any of those bodies which are predecessors of the Provisional District Boards or the Provisional Urban Council or the Provisional Regional Council and failed to be elected; or

   
 

(b) is or becomes a member of a political body; or

   
 

(c) in the opinion of the Chief Executive, is or becomes actively engaged in politics.

   
 

(1B) For the purposes of subsection (1A)(b), "political body" (政治性團體) means -

   
 

(a) a political party or an organization that purports to be a political party; or

   
 

(b) an organization whose principal function or main object is to promote or prepare a candidate for an election.".

   
   

Schedule 3

In column 4, under the heading "Number of appointed members", by deleting all the numbers and substituting "4" for each item.

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable LAU Chin-shek

Clause

Amendment Proposed

   

6(2)

By deleting "When making an order under subsection (1), the Chief Executive in Council must have regard to" and substituting "An order under subsection (1) must be made on".

   
   

79

By deleting the clause and substituting -

   
 

"79. Chief Executive in Council may
make regulations

   
 

(1) The Chief Executive in Council may make regulations providing for all or any of the following -

(a) the number or qualifications of subscribers required to complete a nomination paper for a candidate; and

(b) the amount that a candidate is required to lodge as a deposit at an election; and

(c) the forfeiture of the deposit if the candidate fails to obtain a prescribed proportion of the votes cast at the election and for the return of the deposit if the candidate obtains that proportion of votes at the election.

(2) A provision of a regulation may make it an offence, punishable by a fine not exceeding level 2, for a person to contravene a provision of the regulation.

(3) A regulation may -

(a) make different provisions for different circumstances and provide for a particular case or class of cases; and

(b) be made so as to apply only in specified circumstances; and

(c) prescribe fees for the purposes of the regulation.

(4) It is hereby declared that a regulation under this section is subsidiary legislation.".

   

83

By deleting the clause.

DISTRICT COUNCILS BILL

COMMITTEE STAGE

Amendments to be moved by the Honourable Andrew CHENG Kar-foo

Clause

Amendment Proposed

   

New

By adding -

   
 

"69A. A District Council may appoint representatives to be members of the District Management Committee

(1) For the purpose of carrying out its functions, a District Council may appoint any member of the District Council to be a member of the District Management Committee in accordance with this section.

(2) The Chairman of a District Council will be an ex officio member of the District Management Committee.

(3) A District Council may appoint the chairman of a committee elected under section 69(3) to be a member of the District Management Committee.

(4) For the purposes of this section, "District Management Committee" (地區管理委員會) means, in every District, the committee chaired by the District Officer, the members of which include representatives from Government departments within the District and which provides a forum for departments to discuss and resolve problems in the District. The committee shall submit a comprehensive written report to each meeting of the District Council on its work with a detailed account of the progress of follow up actions requested by the Council.".