Cap. 547

An Ordinance to provide for the declaration of Districts, the establishment, functions and composition of District Councils, the procedure for appointment, registration and election of persons to be members of District Councils; to provide for the mechanism for sanctioning misconduct of members of District Councils; and to provide for related matters. (Amended 19 of 2023 s. 3) [19 March 1999] L.N. 77 of 1999 (Enacting provision omitted—E.R. 2 of 2014) Part I Preliminary (Format changes—E.R. 2 of 2014) 1. Short title (Amended E.R. 2 of 2019)(1) This Ordinance may be cited as the District Councils Ordinance.(2) (Omitted as spent—E.R. 2 of 2014) 2. Interpretation In this Ordinance, unless the context otherwise requires—by-election (補選) means an election to elect a person as a member otherwise than at an ordinary election; (Amended 19 of 2023 s. 4)candidate (候選人) means a candidate nominated for election as a member; (Amended 19 of 2023 s. 4)Chairman (主席) means, in relation to a District Council, the person holding the office of Chairman of that Council under Part VI;Chief Electoral Officer (總選舉事務主任) means the Chief Electoral Officer appointed under section 9 of the Electoral Affairs Commission Ordinance (Cap. 541); (Added 19 of 2023 s. 4)committee (委員會) means, in relation to a District Council, a committee appointed by the Chairman of the District Council under section 71; (Amended 19 of 2023 s. 4)constituency (界別或選區) means—(a) a District Committees constituency; or(b) a District Council geographical constituency; (Added 19 of 2023 s. 4)corrupt or illegal conduct (舞弊或非法行為) means corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); (Added 19 of 2023 s. 4)costs (費用、訟費) includes charges and expenses;Court means the Court of First Instance;Designated Officer (指定人員) means the Director of Home Affairs;District (地方行政區) means an area declared to be a District in or under this Ordinance;District Committee (地區委員會), in relation to a District, means—(a) an Area Committee established in the District;(b) the District Fight Crime Committee established in the District; or(c) the District Fire Safety Committee established in the District; (Added 19 of 2023 s. 4)District Committees constituencies register (地區委員會界別選民名冊) means a register of electors for District Committees constituencies compiled and published under section 31A; (Added 19 of 2023 s. 4)District Committees constituency (地區委員會界別), in relation to a District Council, means the District Committees constituency established for the District Council under section 5A; (Added 19 of 2023 s. 4)District Council (區議會), in relation to a District, means a body established as a District Council by or under this Ordinance for the District; (Amended 19 of 2023 s. 4)District Council geographical constituency (區議會地方選區), in relation to a District Council, means an area declared or specified to be a District Council geographical constituency for the District Council under section 6; (Added 19 of 2023 s. 4)District Officer (民政事務專員), in relation to a District, means the person who performs the functions of the office of District Officer in the Home Affairs Department for the District; (Amended 19 of 2023 s. 4)election (選舉) means an ordinary election or a by-election;election petition (選舉呈請、選舉呈請書) means an election petition lodged under Part V;elector (選民)—(a) in relation to a District Committees constituency, means a person whose name is included in the existing DCC register; or(b) in relation to a District Council geographical constituency, means a person whose name is included in the existing GC register; (Added 19 of 2023 s. 4)Electoral Affairs Commission (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (Cap. 541);electoral officer (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541) to exercise functions or perform duties at or in connection with an election;Electoral Registration Officer (選舉登記主任) has the meaning given by the Legislative Council Ordinance (Cap. 542);Eligibility Review Committee (資格審查委員會) means the District Council Eligibility Review Committee established under section 10A; (Added 19 of 2023 s. 4)existing DCC register (現有的地區委員會界別選民名冊) means a District Committees constituencies register that is currently in force; (Added 19 of 2023 s. 4)existing GC register (現有的地方選區選民登記冊) means a final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (Cap. 542) which is currently in force; (Amended 19 of 2023 s. 4)ex officio member (當然議員) means a person who holds office as such under Division 2 of Part IV; (Amended 19 of 2023 s. 4)function (職能) includes a power and an authority; identity document (身分證明文件) means— (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177); or (b) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (Replaced 1 of 2019 s. 75) (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person’s identity; judicial officer (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap. 93);member (議員) means—(a) a person appointed under Division 1 of Part IV as a member of a District Council;(b) a person elected at an election under Part V as a member of a District Council; or(c) a person registered under Division 2 of Part IV as an ex officio member of a District Council; (Added 19 of 2023 s. 4) ordinary election (一般選舉) means— (a) in relation to a District Council, the first election to elect persons to be members of the District Council; or (b) elections to elect persons to fill the vacancies caused by the expiration of the term of office of the District Councils; (Amended 19 of 2023 s. 4) prescribed public officer (訂明公職人員) means any of the following— (a) the Chairman of the Public Service Commission; or (b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap. 204); or (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap. 397); or (d) a member of the Electoral Affairs Commission; or (e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; or (f) 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 (g) 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 (h) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau; Returning Officer (選舉主任) means a person holding office as a Returning Officer under section 75 and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant;Rural Committee (鄉事委員會) has the meaning given by section 3(3) of the Heung Yee Kuk Ordinance (Cap. 1097);specified oath (指明誓言) means an oath taken under the law that the oath-taker will uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China; (Added 19 of 2023 s. 4)the regulations (《規例》) means regulations made and in force under this Ordinance. (Amended 19 of 2023 s. 4)(Amended 3 of 2013 s. 3; E.R. 2 of 2014; 19 of 2023 s. 4) Part II Declaration of Districts, Establishment, Functions and Composition of District Councils, etc. (Amended 3 of 2013 s. 4; 19 of 2023 s. 5)(Format changes—E.R. 2 of 2019) 3. Declaration of Districts (1) Each area named in column 2 of Part II of Schedule 1 and delineated on the map specified opposite to it in column 3 of that Part is declared to be a District for the purposes of this Ordinance.(2) The number specified in Part I of Schedule 1 is the number of Districts to be declared for the purposes of this Ordinance.(3) The Designated Officer must ensure that at least one copy of each map that defines the area of a District is kept at that Officer’s office and is made available for inspection by members of the public during ordinary business hours of that office.(4) No charge is payable by a member of the public who wishes to inspect a copy of the map.(5) A map certified by the Designated Officer as a true copy of a map that defines the area of a District is conclusive evidence of the area of the District. 4. Establishment of District Councils There is established for a District specified in column 2 of Schedule 2, the body known as a District Council having the name specified opposite to it in column 3 of that Schedule, with effect from the date specified in relation to it in column 4 of that Schedule. 4A. Functions of District Councils The functions of a District Council of a District are—(a) to be consulted by the Government on the district affairs affecting the livelihood and living environment in the District and well-being of the people in the District;(b) to collect the views of the people in the District in respect of an issue specified by the Chairman of the District Council, and to submit to the Government a summary of the views collected and the suggested corresponding measures;(c) to establish a regular communication mechanism with the people in the District, to meet with them and listen to their views regularly;(d) to support, and assist in, the promotion of laws and Government policies in the District, and assist the Government in carrying out various consultation, publicity and liaison activities, such as district forum;(e) to assist in the smooth delivery of cultural, recreational, environmental sanitary and other services relating to the interests of the people in the District under the coordination of the Government;(f) to apply for funding for projects and activities relating to the functions of District Councils such as—(i) projects and activities for the purpose of promotion of sports, arts and culture;(ii) local events and celebration events; and(iii) greening and volunteer work;(g) to provide services for people in the District, such as consultation and case referral services;(h) to cooperate with other consultation and service organizations in the District under the coordination of the Government to achieve the best results in serving the people in the District; and(i) to undertake any other matters as commissioned by the Government from time to time.(Added 19 of 2023 s. 6) 4B. Term of office of District Councils (1) The term of office of a District Council is 4 years.(2) Each term of office of a District Council is to begin on 1 January next following an ordinary election.(Added 19 of 2023 s. 6) 5. Composition of District Councils (1) The District Council of each District is to consist of—(a) the District Officer of the District;(b) the persons appointed under Division 1 of Part IV as members of the District Council;(c) the persons elected under Part V as members for the District Committees constituency of the District Council;(d) the persons elected under Part V as members for the District Council geographical constituencies of the District Council; and(e) if there is one or more Rural Committees in the District—the persons registered under Division 2 of Part IV as ex officio members of the District Council.(2) For the purposes of subsection (1)(b), in relation to a District Council specified in column 2 of Part 1 of Schedule 3, the number specified in column 3 of that Part opposite to the District Council is the maximum number of members to be appointed to that Council.(3) For the purposes of subsection (1)(c), in relation to a District Council specified in column 2 of Part 1 of Schedule 3, the number specified in column 4 of that Part opposite to the District Council is the number of members to be returned for the District Committees constituency of that Council.(4) For the purposes of subsection (1)(d), in relation to a District Council specified in column 2 of Part 1 of Schedule 3, the number specified in column 5 of that Part opposite to the District Council is the number of members to be returned for the District Council geographical constituencies of that Council.(5) For the purposes of subsection (1)(e)—(a) in relation to a District Council specified in column 2 of Part 1 of Schedule 3, the number specified in column 6 of that Part opposite to the District Council is the number of ex officio members of that Council; and(b) a Rural Committee specified in column 5 of Part 2 of Schedule 3 is taken to be in the District specified opposite to the Rural Committee in column 2 of that Part.(6) Subsection (5)(b) and Part 2 of Schedule 3 are without prejudice to any other law governing Rural Committees.(Replaced 19 of 2023 s. 7) 5A. Establishment of District Committees constituencies (1) A District Committees constituency having the name specified in column 3 of Schedule 3A is established for each District Council specified opposite to it in column 2 of that Schedule for the purpose of returning members of the District Council at elections for that constituency.(2) The District Committees constituency of a District Council is composed of all members of all the District Committees in the District for which the District Council is established.(Added 19 of 2023 s. 8) 6. Declaration of District Council geographical constituencies (Amended 19 of 2023 s. 9)(1) The Chief Executive in Council may, by order published in the Gazette—(a) declare any area within a District to be a District Council geographical constituency for the purpose of returning members of the District Council of that District at elections for that constituency; and (Replaced 19 of 2023 s. 9)(b) give names to those constituencies.(1A) The number of District Council geographical constituencies in each District is to be half of the number of members to be returned for the District Council geographical constituencies for the District Council of that District. (Added 19 of 2023 s. 9)(2) When making an order under subsection (1), the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (Cap. 541) for the purposes of the election to which the order relates.(2A) For the seventh term of office of the District Councils—(a) the areas that form the District Council geographical constituencies and the names of those constituencies are specified in Schedule 8; and(b) no order is to be made under subsection (1). (Added 19 of 2023 s. 9)(3) If an order under this section, or Schedule 8, refers to a map that defines the area of a District Council geographical constituency— (Amended 19 of 2023 s. 9)(a) the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer’s office and is made available for inspection by members of the public during ordinary business hours of that office; and(b) the Designated Officer must ensure that at least one copy of the map is kept at that Officer’s office and is made available for inspection by members of the public during ordinary business hours of that office.(4) No charge is payable by a member of the public who wishes to inspect a copy of the map.(5) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a District Council geographical constituency is conclusive evidence of the area of the constituency. (Amended 19 of 2023 s. 9) 7. Number of members to be returned for each District Council geographical constituency The number of members to be returned for each District Council geographical constituency is 2.(Replaced 19 of 2023 s. 10) 8. Chief Executive in Council may amend Schedule 1, 2, 3 or 3A (Amended 19 of 2023 s. 11)(1) The Chief Executive in Council may subject to the approval of the Legislative Council, by order published in the Gazette, amend Schedule 1, 2, 3 or 3A. (Amended 19 of 2023 s. 11)(2) Without limiting the generality of subsection (1), the power given to the Chief Executive in Council under that subsection includes a power—(a) to determine the number of Districts; and(b) to declare new Districts in place of the Districts existing at the time an order under subsection (1) is made; and(c) to establish a District Council for any District declared under section 3 or this section and specify a date for the establishment; and(d) to specify the number of members to be appointed to, or returned for the District Committees constituency or a District Council geographical constituency of, a District Council; and (Amended 3 of 2013 s. 6; 19 of 2023 s. 11)(e) to specify the election for which an order made under this section applies.(3) An order under this section may contain such incidental, consequential, supplemental, transitional or saving provisions necessary or expedient in consequence of the order. Part III (Repealed 19 of 2023 s. 12) 9. (Repealed 19 of 2023 s. 12) 10. (Repealed 19 of 2023 s. 12) Part IIIA District Council Eligibility Review Committee (Part IIIA added 19 of 2023 s. 13) 10A. Establishment of the District Council Eligibility Review Committee (1) A District Council Eligibility Review Committee is established for the purposes of this Ordinance and such other purposes as may be prescribed by any other Ordinance.(2) The Eligibility Review Committee is to consist of the following members—(a) the chairperson;(b) at least 2 but not more than 4 official members; and(c) at least 1 but not more than 3 non-official members.(3) Each member of the Eligibility Review Committee is to be appointed by the Chief Executive by notice published in the Gazette.(4) Only a principal official appointed pursuant to a nomination under Article 48(5) of the Basic Law is eligible for appointment under subsection (3) as the chairperson or an official member referred to in subsection (2)(a) or (b).(5) Only a person who is not a public officer is eligible for appointment under subsection (3) as a non-official member referred to in subsection (2)(c).(6) The Chief Executive must report any appointment made under subsection (3) to the Central People’s Government for the record. 10B. Functions of the Eligibility Review Committee (1) The Eligibility Review Committee is to review and confirm the eligibility of—(a) any person proposed to be appointed under Division 1 of Part IV as a member;(b) any person proposed to be registered under Division 2 of Part IV as an ex officio member; or(c) any person nominated under Part V as a candidate.(2) In deciding the eligibility of a person under subsection (1)—(a) the Eligibility Review Committee is to seek the opinion of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region (CSNS) as to whether the person fails to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China; and(b) if an opinion is given by CSNS—the Eligibility Review Committee must make the decision in accordance with the opinion. Part IV Membership of a District Council (Format changes—E.R. 2 of 2019) Division 1 Appointed Members (Division 1 added 19 of 2023 s. 14) 11. Chief Executive to appoint members (1) The Chief Executive may appoint as members of a District Council a number of persons not exceeding the number specified in column 3 of Part 1 of Schedule 3 in relation to that District Council.(2) The Chief Executive may only appoint a person as a member under subsection (1) if the proposal to appoint the person is decided as valid by the Eligibility Review Committee under section 13.(3) If the Chief Executive appoints a person as a member under subsection (1), the Designated Officer must issue a letter of appointment to the person.(4) A person appointed as a member for a term of office of a District Council holds office from the date specified in the letter of appointment and vacates office at the end of the term of office of the District Council.(5) The Designated Officer must, within 21 days after the date of the letter of appointment, publish in the Gazette the person’s name and his or her term of office as a member. 12. Who is eligible to be appointed as member (1) A person is eligible to be appointed as a member only if the person—(a) has reached 21 years of age;(b) is registered as an elector in the existing GC register;(c) is not disqualified from voting at an election;(d) is not disqualified from being appointed as a member by virtue of section 14 or any other law; and(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the appointment.(2) A person elected at an election as a member for a term of office of a District Council is not eligible to be appointed as a member in that term of office.(3) A person who is holding office as the Chairman of a Rural Committee is not eligible to be appointed as a member. 13. Decision on validity of proposals to appoint persons as members (1) The Designated Officer may submit a proposal to appoint a person as a member to the Eligibility Review Committee.(2) The Eligibility Review Committee must, as soon as practicable after receiving a proposal submitted by the Designated Officer, decide whether or not the proposal is valid.(3) Without prejudice to sections 12 and 14, the Eligibility Review Committee may decide a proposal to appoint a person to be invalid if and only if—(a) the Eligibility Review Committee is satisfied that the person fails to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China;(b) the Eligibility Review Committee is satisfied that the person is not eligible to be, or disqualified from being, appointed as a member; or(c) the Eligibility Review Committee is satisfied that the person is dead.(4) In deciding whether a proposal to appoint a person is valid, the Eligibility Review Committee—(a) may require the Designated Officer to furnish any information in the possession of the Officer that relates to any of the matters specified in subsection (5);(b) may require the person to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the proposal; and(c) may require the Designated Officer to obtain any other information that relates to any of the matters specified in subsection (5) from any person.(5) The matters specified for subsection (4)(a) and (c) are—(a) whether the proposal is valid;(b) whether the person is eligible to be appointed as a member under section 12;(c) whether the person is disqualified from being so appointed under section 14; and(d) whether the person is dead.(6) If the Eligibility Review Committee decides that a proposal to appoint a person is invalid—(a) the Committee must inform the Designated Officer of the decision and the reasons for it; and(b) the Designated Officer must, as soon as practicable, inform the person and the Chief Electoral Officer of the decision and the reasons in writing. 14. Disqualification from being appointed as members (1) A person is disqualified from being appointed as a member if the person—(a) is—(i) a judicial officer; or(ii) a prescribed public officer;(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either—(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or(ii) received a free pardon;(c) has been convicted of an offence endangering national security; (Amended 6 of 2024 s. 180)(d) on the date of submission of the proposal to appoint the person, is serving a sentence of imprisonment;(e) without limiting paragraph (b), where the proposal to appoint the person is submitted within 5 years after the date of the person’s conviction, has been convicted—(i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine;(ii) of having engaged in corrupt or illegal conduct;(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or(iv) of any offence prescribed by section 86A, section 7 of Schedule 4A or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541);(f) is a representative or a salaried functionary of the government of a place outside Hong Kong;(g) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people’s congress or people’s consultative body of the People’s Republic of China, whether established at the national level or local level; or(h) is an undischarged bankrupt or, within 5 years before the date of submission of the proposal to appoint the person, has either obtained a discharge in bankruptcy or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with the person’s creditors, in either case without paying the creditors in full.(2) A person is also disqualified from being appointed as a member if, within 5 years before the date of submission of the proposal to appoint the person—(a) the person has vacated an office, or has been disqualified from entering on an office, under the law, for declining or neglecting to take a specified oath; or(b) the person has been declared or decided in accordance with any law—(i) to be in breach of a specified oath; or(ii) to have failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.(3) A person is also disqualified from being appointed as a member if the person is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs.(4) Subsection (3) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person has become capable of managing and administering his or her property and affairs. 15. How an appointed member can resign (1) A person appointed as a member may at any time resign from office as a member by giving written notice of resignation to the Designated Officer.(2) A notice of resignation is not effective unless it is signed by the member concerned.(3) A notice of resignation takes effect—(a) on the date on which the notice is received by the Designated Officer; or(b) if a later date is specified in the notice, on that later date. 16. When the office of appointed member becomes vacant and appointment of substitute (1) The office of a member appointed under this Division becomes vacant if—(a) the member dies;(b) the member resigns in accordance with section 15 or is taken to have resigned under section 17C;(c) the member is disqualified under section 26A from holding office as a member; or(d) the member’s appointment is revoked by the Chief Executive. Note— See section 42 of the Interpretation and General Clauses Ordinance (Cap. 1). (2) When the office of a member appointed under this Division becomes vacant under subsection (1), the Chief Executive may appoint another person to hold office as a member in that member’s place under section 11. Division 2 Ex Officio Members 17. Who is eligible to be registered as ex officio member A person who is holding office as the Chairman of a Rural Committee specified in column 5 of Part 2 of Schedule 3 is eligible to be registered in accordance with this Division as an ex officio member of the District Council specified opposite to the Rural Committee in column 3 of that Part.(Replaced 19 of 2023 s. 15) 17A. How to register as ex officio members (1) A person who is holding office as the Chairman of a Rural Committee may be registered as an ex officio member only if the person submits a registration form that complies with this section to the Designated Officer.(2) The registration form must be in the specified form.(3) The registration form must contain—(a) a declaration by the person to the effect that the person—(i) is holding office as the Chairman of a Rural Committee; and(ii) is not disqualified from being registered as an ex officio member; and(b) a declaration by the person to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.(4) The registration form must be signed by the person.(5) The registration form must contain other particulars (if any) required to be furnished on that form.(6) The Designated Officer may require a person to be registered under this section to furnish any other information to enable the Eligibility Review Committee to decide whether or not the registration is valid.(7) For the purpose of constituting the seventh term of the District Councils, the registration form must be submitted to the Designated Officer by 1 December 2023.(Added 19 of 2023 s. 16) 17B. Decision on validity of registration (1) The Designated Officer must, as soon as practicable after receiving a registration form, forward the form to the Eligibility Review Committee.(2) The Eligibility Review Committee must, as soon as practicable after receiving a registration form forwarded by the Designated Officer, decide whether or not the registration is valid.(3) Without prejudice to sections 17, 17A and 19, the Eligibility Review Committee may decide a registration of a person to be invalid if and only if—(a) the registration form has not been completed or signed as required under section 17A;(b) the Eligibility Review Committee is satisfied that the person is disqualified from being registered as an ex officio member; or(c) the Eligibility Review Committee is satisfied that the person is dead.(4) In deciding whether a registration of a person is valid, the Eligibility Review Committee—(a) may require the Designated Officer to furnish any information in the possession of the Officer that relates to any of the matters specified in subsection (5);(b) may require the person to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the registration; and(c) may require the Designated Officer to obtain any other information that relates to any of the matters specified in subsection (5) from any person.(5) The matters specified for subsection (4)(a) and (c) are—(a) whether sections 17 and 17A are complied with in relation to the person;(b) whether the registration of the person is valid;(c) whether the registration form has been completed or signed as required under section 17A;(d) whether the person is disqualified from being registered as an ex officio member; and(e) whether the person is dead.(6) If the Eligibility Review Committee decides that a registration of a person is invalid—(a) the Committee must endorse on the relevant registration form the decision and the reasons for it; and(b) the Designated Officer must, as soon as practicable, inform the Chief Electoral Officer of the decision and the reasons in writing.(7) After the Eligibility Review Committee has made a decision on the validity of a registration of a person—(a) the Designated Officer must, as soon as practicable, inform the person of the decision in writing; and(b) if the registration of the person is decided as valid—(i) the Committee must, as soon as practicable, publish in the Gazette a notice declaring the registration as valid; and(ii) the Designated Officer must, within 21 days after the decision, publish in the Gazette the person’s name and his or her term of office as an ex officio member.(Added 19 of 2023 s. 16) 17C. Member taken to have resigned on becoming ex officio member If—(a) a person is holding office as a member of a District Council (otherwise than being an ex officio member) (first office); and(b) the person becomes eligible to be registered as an ex officio member of the same or another District Council (second office),the person is taken to have resigned from the first office with effect immediately before the date on which the person commences to hold the second office.(Added 19 of 2023 s. 16) 18. (Repealed 19 of 2023 s. 17) 19. Disqualification from being registered as ex officio members (Amended 19 of 2023 s. 18)(1) A person who is a Chairman of a Rural Committee is disqualified from being registered as an ex officio member, if the person— (Amended 19 of 2023 s. 18)(a) is—(i) a judicial officer; or(ii) a prescribed public officer; or(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either—(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or(ii) received a free pardon; or(c) has been convicted of an offence endangering national security; or (Amended 6 of 2024 s. 181)(d) without limiting paragraph (b), where the registration form is submitted within 5 years after the date of the person’s conviction, has been convicted— (Amended 19 of 2023 s. 18)(i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or(ii) of having engaged in corrupt or illegal conduct; or(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or(iv) of any offence prescribed by section 86A, section 7 of Schedule 4A or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or (Replaced 10 of 2000 s. 47)(e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or(f) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people’s congress or people’s consultative body of the People’s Republic of China, whether established at the national level or local level; or(g) is an undischarged bankrupt or, within 5 years before the date of submission of the registration form, has either obtained a discharge in bankruptcy or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with the person’s creditors, in either case without paying the creditors in full. (Amended 33 of 2002 s. 6)(1A) A person is also disqualified from being registered as an ex officio member if, within 5 years before the date of submission of the registration form—(a) the person has vacated an office, or has been disqualified from entering on an office, under the law, for declining or neglecting to take a specified oath; or(b) the person has been declared or decided in accordance with any law—(i) to be in breach of a specified oath; or(ii) to have failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Replaced 19 of 2023 s. 18)(1B) (Repealed 19 of 2023 s. 18)(2) A person is also disqualified from being registered as an ex officio member if the person is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs. (Amended 33 of 2002 s. 6)(3) Subsection (2) does not prevent a person from being registered as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person has become capable of managing and administering his or her property and affairs. (Amended 33 of 2002 s. 6)(4)-(7) (Repealed 19 of 2023 s. 18)(Amended 19 of 2023 s. 18) 19A. When the office of ex officio member becomes vacant (1) The office of an ex officio member becomes vacant if—(a) the member dies;(b) the member’s term of office as Chairman of a Rural Committee ends;(c) the member otherwise ceases to hold office as Chairman of a Rural Committee; or(d) the member is disqualified under section 26A from holding office as a member.(2) For the purpose of constituting the seventh term of the District Councils, if a person who is an ex officio member of the sixth term of office of a District Council fails to submit a registration form in accordance with section 17A, the office of the ex officio member becomes vacant at the end of the sixth term of office of the District Council.(3) If the office of an ex officio member becomes vacant under subsection (1) or (2), the person or the person’s successor as the Chairman of the Rural Committee (as the case requires) may be registered as an ex officio member in accordance with this Division.(Added 19 of 2023 s. 19) Division 3 Members Returned at Election (Amended 19 of 2023 s. 20) 20. Who is eligible to be nominated as a candidate (1) A person is eligible to be nominated as a candidate at an election only if the person—(a) has reached 21 years of age; and(b) is registered as an elector in the existing GC register; and (Amended 19 of 2023 s. 21)(c) is not disqualified from voting at an election; and(d) is not disqualified from being nominated as a candidate or elected as a member by virtue of section 21 or any other law; and (Amended 19 of 2023 s. 21)(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination.(2) A person who holds office as a member of a District Council is not eligible to be nominated in a by-election as a candidate.(3) A person who holds office as the Chairman of a Rural Committee is not eligible to be nominated as a candidate at an election.(4) A person is not eligible to be nominated as a candidate for a constituency if the person is currently nominated as a candidate for another constituency. 21. When person is disqualified from being nominated as a candidate and from being elected as a member (Amended 19 of 2023 s. 22)(1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a member at an election, if the person— (Amended 19 of 2023 s. 22)(a) is—(i) a judicial officer; or(ii) a prescribed public officer; or(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either—(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or(ii) received a free pardon; or(c) has been convicted of an offence endangering national security; or (Amended 6 of 2024 s. 182)(d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or(e) without limiting paragraph (b), where the election is to be held or is held within 5 years after the date of the person’s conviction, is or has been convicted—(i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or(ii) of having engaged in corrupt or illegal conduct; or (Amended 19 of 2023 s. 22)(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or(iv) of any offence prescribed by section 7 of Schedule 4A or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or (Replaced 10 of 2000 s. 47. Amended 19 of 2023 s. 22)(f) is ineligible to be a candidate or to be elected as a member at an election because of the operation of this Ordinance or any other law; or (Amended 19 of 2023 s. 22)(g) is a representative or a salaried functionary of the government of a place outside Hong Kong; or(h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people’s congress or people’s consultative body of the People’s Republic of China, whether established at the national level or local level; or(i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with the person’s creditors, in either case without paying the creditors in full.(1A) A person is also disqualified from being nominated as a candidate at an election, and from being elected as a member at an election, if the election is held or is to be held within 5 years after— (Amended 19 of 2023 s. 22)(a) the date on which the person vacates an office, or is disqualified from entering on an office, under the law, for declining or neglecting to take a specified oath; or(b) the date on which the person is declared or decided in accordance with any law—(i) to be in breach of a specified oath; or(ii) to have failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Added 13 of 2021 s. 23)(2) A person is also disqualified from being nominated as a candidate at an election if the person is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs.(3) A person is also disqualified from being elected as a member at an election if the person is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Amended 19 of 2023 s. 22)(4) (Repealed 19 of 2023 s. 22)(Amended 33 of 2002 s. 7) 22. How long member elected at election is to hold office (Amended 19 of 2023 s. 23)(1) A member elected at an ordinary election holds office for a period of 4 years beginning on 1 January next following the ordinary election in which the member was elected and vacates office at the end of that period.(2) A person elected to fill a vacancy caused by a member’s office becoming vacant under section 26 before the expiry of the full term, holds office from the date on which the result of the by-election at which the person was elected is declared and vacates office at the end of the term of office of the District Council during which the by-election was held.(Amended 19 of 2023 s. 23) 23. Members elected at election taken to have accepted office (Amended 19 of 2023 s. 24)(1) A person who is elected as a member at an election is to be regarded as having accepted office unless the person gives written notice of non-acceptance to the Designated Officer not later than 7 days after the date on which notification of the person’s election is published in the Gazette. (Amended 19 of 2023 s. 24)(2) A notice of non-acceptance is not effective unless it is signed by the person concerned.(3) A notice of non-acceptance takes effect on the date on which the notice is received by the Designated Officer and the person giving the notice is taken to have resigned from office as a member from that date. (Amended 19 of 2023 s. 24)(4) If a person gives notice in accordance with this section, the Designated Officer must, within 21 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a member. 24. (Repealed 19 of 2023 s. 25) 25. How a member returned at election can resign (Amended 19 of 2023 s. 26)(1) A member returned at an election may at any time resign from office as a member by giving written notice of resignation to the Designated Officer. (Amended 19 of 2023 s. 26)(2) A notice of resignation is not effective unless it is signed by the member concerned.(3) A notice of resignation takes effect—(a) on the date on which the notice is received by the Designated Officer; or(b) if a later date is specified in the notice, on that later date. 26. When the office of a member returned at election becomes vacant (Amended 19 of 2023 s. 27)The office of a member returned at an election becomes vacant if— (Amended 19 of 2023 s. 27)(a) the member dies; or(b) the member resigns in accordance with section 25 or is taken to have resigned under section 17C or 23(3); or (Amended 19 of 2023 s. 27)(c) the member is disqualified under section 26A from holding office as a member; or (Amended 19 of 2023 s. 27)(d) subject to sections 58A and 60(1A), the Court determines under section 55 that the member was not duly elected and that no other person was duly elected instead; or (Amended 18 of 2011 s. 13)(e) (if an appeal against a determination referred to in paragraph (d) is lodged to the Court of Final Appeal)—(i) the Court of Final Appeal determines under section 58B that the member was not duly elected and that no other person was duly elected instead; or(ii) the appeal proceedings are terminated in other circumstances. (Added 18 of 2011 s. 13) Division 4 Disqualification of Members (Division 4 added 19 of 2023 s. 28) 26A. Disqualification from holding office as members (1) A member is disqualified from holding office if the member—(a) becomes—(i) a judicial officer; or(ii) a prescribed public officer;(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either—(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or(ii) received a free pardon;(c) has been convicted of an offence endangering national security; (Amended 6 of 2024 s. 183)(d) without limiting paragraph (b), is convicted—(i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine;(ii) of having engaged in corrupt or illegal conduct;(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or(iv) of any offence prescribed by section 86A, section 7 of Schedule 4A or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541);(e) becomes a representative or a salaried functionary of the government of a place outside Hong Kong;(f) becomes a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people’s congress or people’s consultative body of the People’s Republic of China, whether established at the national level or local level;

or(g) becomes an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with the person’s creditors, in either case without paying the creditors in full.(2) A member is also disqualified from holding office if the member—(a) is in breach of an oath taken under section 19A of the Oaths and Declarations Ordinance (Cap. 11); or(b) fails, or is declared or decided in accordance with any law to have failed, to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.(3) A member is also disqualified from holding office if the member is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs.(4) Subsection (3) does not prevent a person from being eligible to be appointed or registered as a member, or to be a candidate at an election, if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person has become capable of managing and administering his or her property and affairs.(5) Subject to subsection (7), a 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 1 meeting is held, that period is extended to end immediately after the 3rd consecutive meeting from which the member is absent.(8) A member is also disqualified from holding office if the member was not eligible to be appointed as a member or nominated as a candidate under section 12 or 20 (as the case requires). Part V Election of Members to a District Council (Format changes—E.R. 2 of 2019) Division 1 When an Ordinary Election is to be Held 27. Chief Executive to specify dates for holding ordinary elections (1) The first ordinary election must be held in 1999.(2) An ordinary election must be held in each subsequent fourth year after the first ordinary election is held under subsection (1).(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.(4) The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the District Councils is to begin. (Amended 19 of 2023 s. 29)(5) The Chief Executive may specify different dates for holding an ordinary election to return each of the following classes of members—(a) the members to be returned for each District Committees constituency; and(b) the members to be returned for all District Council geographical constituencies. (Added 19 of 2023 s. 29) 28. 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. Division 2 Who may Vote at an Election 29. Who is entitled to vote at an election (1) Only an elector for a District Committees constituency is entitled to vote at an election for the constituency, and the elector is entitled to vote only once in respect of the constituency at the election. (Replaced 19 of 2023 s. 30)(1A) Only an elector for a District Council geographical constituency is entitled to vote at an election for the constituency, and the elector is entitled to vote only once in respect of the constituency at the election. (Added 19 of 2023 s. 30)(2)-(5) (Repealed 19 of 2023 s. 30)(6) An elector may not be prevented from voting at an election only because the elector’s name should not have been included in the existing GC register. (Amended 19 of 2023 s. 30)(7) Subsection (6) does not— (Amended 19 of 2023 s. 30)(a) preclude the Court from making a determination under section 55; (Amended 18 of 2011 s. 14)(aa) preclude the Court of Final Appeal from making a determination under section 58B; or (Added 18 of 2011 s. 14)(b) affect the person’s liability to be charged with, and convicted of, an offence relating to voting at the election concerned. 30. When an elector is disqualified from voting at an election (1) An elector is disqualified from voting at an election if the elector— (Amended 19 of 2023 s. 31)(a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (Cap. 542); or(b)-(d) (Repealed 7 of 2009 s. 9)(e) is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Amended 33 of 2002 s. 9)(f) is a member of the armed forces of the Central People’s Government or any other country or territory.(2) An elector of a District Committees constituency is also disqualified from voting at an election for the constituency if the elector has ceased to be a member of a District Committee in the District concerned. (Added 19 of 2023 s. 31) 31. (Repealed 19 of 2023 s. 32) 31A. Electoral Registration Officer to compile and publish District Committees constituencies register (1) The Electoral Registration Officer must compile and publish a register of electors for District Committees constituencies in accordance with Schedule 4A.(2) Schedule 4A also has effect in relation to the inspection of the register and use of information in the register.(Added 19 of 2023 s. 33) Division 3 Conduct of Elections 32. Vacancy in membership of members returned at election to be declared (Amended 19 of 2023 s. 34)(1) If a vacancy arises in the office of a member returned at an election, the Designated Officer must, by notice published in the Gazette, declare the existence of the vacancy within 21 days after becoming aware of the vacancy.(2) Without limiting subsection (1), the Designated Officer must declare the existence of a vacancy after becoming aware that, after the close of polling for an election, a candidate returned at the election has died before that candidate is declared to be elected as a member at the election.(Amended 19 of 2023 s. 34) 33. By-election to be held to fill vacancy in membership of District Councils (1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), arrange for a by-election to be held in the following circumstances and not otherwise—(a) on the making of a declaration as to the existence of a vacancy in the membership of a District Council under section 32; and(b) (Repealed 19 of 2023 s. 35)(c) on the making of a declaration under section 39(2)(b) or (3) that an election for a constituency has failed because the number of validly nominated candidates for the election was less than the number of members to be returned for the constituency or because no candidate has been validly nominated for the election; and(d) on the making of a declaration under section 40(3) that an election for a constituency has failed because of the death or disqualification of the successful candidate at the election or because the number of candidates returned at the election was less than the number of members to be returned for the constituency due to the death or disqualification of a successful candidate.(2) However, a by-election to fill a vacancy occurring in the membership of a District Council is not to be held within the 4 months preceding the end of the current term of office of the members.(Amended 19 of 2023 s. 35) 34. What requirements are to be complied with by persons nominated as candidates (1) A person is to be nominated as a candidate for an election by submitting a nomination form in accordance with this section and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). (Replaced 19 of 2023 s. 36)(1A) The nomination form must—(a) be subscribed in accordance with the regulations;(b) be accompanied by a deposit; and(c) include or be accompanied by a declaration by the person to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Added 19 of 2023 s. 36)(2) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. 35. Withdrawal of candidate’s nomination (1) A candidate may withdraw the candidate’s nomination for election at any time before the close of nominations for the election and not otherwise.(2) The withdrawal of a candidate’s nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) for the purposes of this section. 36. Who are validly nominated candidates (1) The Eligibility Review Committee 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.(1A) The Eligibility Review Committee must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publish a notice stating which persons are validly nominated as candidates. (Added 19 of 2023 s. 37)(2) If, after the Eligibility Review Committee 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, proof is given to the satisfaction 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), give notice of the death of the candidate. (Amended 1 of 2007 s. 3)(2A) If a notice under subsection (1A) has been published, the Returning Officer must also, 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. (Added 19 of 2023 s. 37)(3) Subsections (2) and (2A) do not apply if the Returning Officer has publicly declared under section 39(1) or (2)(a) that the candidate was duly elected as a member.(4) If, after the Eligibility Review Committee 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, proof is given to the satisfaction of the Committee that the candidate is disqualified from being nominated as a candidate—(a) the Committee 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; and(b) after the Committee so varies the decision, the Returning Officer must, in accordance with those regulations, give notice of the variation of the decision. (Replaced 19 of 2023 s. 37)(4A) If a notice under subsection (1A) has been published, the Eligibility Review Committee must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—(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. (Added 19 of 2023 s. 37)(5) Subsections (4) and (4A) do not apply if the Returning Officer has publicly declared under section 39(1) or (2)(a) that the candidate was duly elected as a member.(Amended 19 of 2023 s. 37) 37. Candidates entitled to send letters to electors free of postage (1) One letter, addressed to each elector in the constituency for which the candidate is validly nominated, may be sent free of postage by or on behalf of the candidate.(2) Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(3) The cost to the Postmaster General of enabling candidates to exercise their entitlements under this section is a charge on, and is payable from, the general revenue. 38. When ordinary election can be postponed or adjourned (1) The Chief Executive may, by order, direct the postponement of an ordinary election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any danger to public health or safety.(2) The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of an ordinary election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any danger to public health or safety.(3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.(4) If an ordinary election, or the polling or counting of votes at an ordinary election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. That date must not be later than 14 days after the date on which the election, poll or count would have taken place but for the direction.(Amended 12 of 2014 s. 91) 39. What is to happen if insufficient candidates are nominated (1) If, after the close of nomination for election for a constituency, the number of validly nominated candidates is equal to the number of members to be returned for the constituency, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the candidate or candidates to be duly elected as a member or members.(2) If, after the close of nomination for election for a constituency, the number of validly nominated candidates is less than the number of members to be returned for the constituency (specified shortfall), the Returning Officer must—(a) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the candidate or candidates to be duly elected as a member or members; and(b) by notice published in the Gazette, declare the election to have failed to the extent of the specified shortfall.(3) If, after the close of nomination for election for a constituency, no candidate is validly nominated for the constituency, the Returning Officer must, by notice published in the Gazette, declare the election to have failed.(Replaced 19 of 2023 s. 39) 40. Death or disqualification of validly nominated candidate on date of election (1) Subsections (2) and (3) apply if, on the date of an election but before the result of the election is declared—(a) proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has died; or(b) proof is given to the satisfaction of the Eligibility Review Committee that a validly nominated candidate for election for a constituency is disqualified from being elected.(2) In the circumstances mentioned in subsection (1)(a) or (b)—(a) the proceedings for the election for the constituency are not to be terminated at that stage;(b) if the polling for the election has not begun or is being conducted, the polling is to begin or to continue as if the death or disqualification had not occurred; and(c) 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 (1) 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 and there is another candidate or there are other candidates elected for the constituency) to have 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.(Replaced 19 of 2023 s. 39) 41. How election is to be conducted (1) At every contested election to return a member for a constituency—(a) a poll is to be taken of the electors of the constituency; and(b) the voting at the poll is to be by secret ballot.(2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(3) The Returning Officer appointed for a constituency is responsible for supervising an election for the constituency in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541).(Replaced 19 of 2023 s. 39) 41A. System of voting and counting of votes: District Committees constituencies (1) Voting and counting of votes at a poll for the return of members for a District Committees constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector of the District Committees constituency is entitled to vote for a number of candidates that is equal to the number of vacancies.(2) At an election, an elector for a District Committees constituency is entitled to cast the same number of votes as the number of members to be returned for the constituency at that election.(3) The votes cast by an elector for a District Committees constituency at an election are valid only if the elector has cast all the votes under the elector’s entitlement for that election as specified in subsection (2) and no more.(4) The candidates to be returned as members for a District Committees constituency at an election are those who obtain the greatest number of votes at the election and then the next greatest and so on until the required number of members is returned for the constituency at that election.(5) If, after the counting is finished at an election for a District Committees constituency, a member or members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—(a) the Returning Officer must determine the result of the election for the purpose of returning the member or members still to be returned by drawing lots; and(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.(6) Subject to subsection (7), as soon as practicable after determining the result of an election for a District Committees constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.(7) If a candidate referred to in section 40(1)(a) or (b) was successful at the election for the constituency, the Returning Officer must not declare the candidate as elected.(Added 19 of 2023 s. 40) 41B. System of voting and counting of votes: District Council geographical constituencies (1) Voting and counting of votes at a poll for the return of members for a District Council geographical constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector of the District Council geographical constituency is entitled to vote for 1 candidate.(2) The candidates to be returned as members for a District Council geographical constituency at an ordinary election are the 2 candidates who obtain the greatest and next greatest numbers of votes.(3) Subsection (2) applies with any necessary modifications to a by-election to fill vacancies among the members to be returned for a District Council geographical constituency.(4) If, after the counting is finished at an election for a District Council geographical constituency, 1 or 2 members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—(a) the Returning Officer must determine the result of the election for the purpose of returning the member or members still to be returned by drawing lots; and(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.(5) Subject to subsection (6), as soon as practicable after determining the result of an election for a District Council geographical constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.(6) If a candidate referred to in section 40(1)(a) or (b) was successful at the election for the constituency, the Returning Officer must not declare the candidate as elected.(Added 19 of 2023 s. 40) 42. Consequences of non-compliance with requirements of this Ordinance In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of—(a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or(b) a mistake in the use of a nomination form,if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541) and that the failure to comply or mistake did not affect the result of the election. 43. Misnomer or inaccuracy not to affect operation of election document (1) A misnomer or inaccurate description of a person, a person’s identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.(2) This section applies to a register, nomination form, ballot paper, notice or other document prepared for the purposes of an election. (Amended 19 of 2023 s. 41) 44. Election to be presumed to be valid Every election is presumed to be valid until— (Amended 18 of 2011 s. 15)(a) the Court determines, on the hearing of an election petition, that the election is invalid; or(b) the Court of Final Appeal determines, on hearing an appeal against the Court’s determination, that the election is invalid.(Amended 18 of 2011 s. 15) 45. Election not to be questioned only because of defect in the appointment of an electoral officer An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election. 46. Returning Officer to publish result of election (1) The Returning Officer for an election to return a member or members for a constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the members duly elected for the constituency. (Amended 19 of 2023 s. 42)(2) The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). 46A. Candidate declared to be returned is presumed to be duly elected Subject to section 60(1A), a person declared under section 46 as returned at an election is presumed to be duly elected until he or she is ruled by the Court or the Court of Final Appeal, on the determination of an election petition or appeal, as not duly elected.(Added 18 of 2011 s. 16) 47. Offences by electoral officers with respect to conduct of election (1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.(2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.(3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence. 48. Elector not to be required to disclose how vote was cast (1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.(2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2. Division 4 Election Petitions 49. Election may be questioned only by election petition made on specified grounds (1) An election to return a member may be questioned only on the following grounds— (Amended 19 of 2023 s. 43)(a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) to have been elected as a member at the election was not duly elected because— (Amended 19 of 2023 s. 43)(i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or(ii) corrupt or illegal conduct was engaged in by or in respect of that person at or in connection with the election; or (Amended 10 of 2000 s. 47)(iii) corrupt or illegal conduct was generally prevalent at or in connection with the election; or (Amended 10 of 2000 s. 47)(iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or(b) a ground specified in any other enactment that enables an election to be questioned.(2) An election to return a member may be questioned only by an election petition lodged under section 50.(3) In this section—election (選舉) includes nomination proceedings and the decisions of the Eligibility Review Committee, the Returning Officer or any Assistant Returning Officer. (Replaced 10 of 2000 s. 47)(Amended 19 of 2023 s. 43) 50. Who may lodge election petition (1) An election petition may be lodged in respect of an election for a District Committees constituency—(a) by 3 or more electors entitled to vote in the constituency; or(b) by a person claiming to have been a candidate in the constituency.(2) An election petition may be lodged in respect of an election for a District Council geographical constituency—(a) by 10 or more electors entitled to vote in the constituency; or(b) by a person claiming to have been a candidate in the constituency.(Replaced 19 of 2023 s. 44) 51. Who may be made respondent to election petition (1) The following persons may be made a respondent to an election petition—(a) a person whose election is questioned by the petition;(b) the Returning Officer in respect of the election; and(c) if grounds for the petition relate to a decision of the Eligibility Review Committee—the Eligibility Review Committee.(2) 2 or more candidates at an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition is taken to be a separate election petition against each respondent.(Replaced 19 of 2023 s. 44) 52. Court to have jurisdiction to determine election petitions (1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.(2) An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.(3) The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions. 53. Period within which election petition and appeal must be lodged (Amended 18 of 2011 s. 17) (1) An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette. (Amended 18 of 2011 s. 17)(2) Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(c) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 18 of 2011 s. 17) 54. Court may direct security to be given for costs (1) Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner’s behalf or to any respondent.(2) The amount of security to be given under this section is to be of such amount, not exceeding $20,000, as the Court directs. That amount is to be provided in such manner and form as the Court directs.(3) An election petition is taken to have been withdrawn if this section is not complied with. 55. Court to determine election petition (1) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Eligibility Review Committee as to the validity of a nomination was correct and, if not correct, determine whether the person declared by the Returning Officer to have been elected in that election was or was not duly elected. (Amended 19 of 2023 s. 45)(2) At the end of the trial of an election petition that relates to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead.(3) At the end of the trial of an election petition, the Court must announce its determination by means of a written judgment. (Amended 18 of 2011 s. 18)(4) (Repealed 18 of 2011 s. 18)(5) The Court may, on its own initiative, provide the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission or the Director of Home Affairs with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported. (Amended L.N. 130 of 2007)(6) The Court must comply with any request made by the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission or the Director of Home Affairs to provide a report on any specified matter arising from the trial of an election petition. (Amended L.N. 130 of 2007)(7) If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct. (Added 10 of 2000 s. 47) 56. What happens if election petition is withdrawn (1) Subject to section 54(3), a petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court.(2) At the hearing of an application for leave referred to in subsection (1)—(a) any person who could have lodged an election petition in respect of the election concerned, or the Secretary for Justice, may apply to the Court to be substituted as petitioner; and(b) the Court may, if it thinks appropriate, accordingly substitute that person or the Secretary for Justice.(3) If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given by or on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner’s sureties, if any) is to be liable to pay the costs of the substituted petitioner.(4) If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 54 in the case of an original election petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice.(5) Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.(6) If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition.(7) The petitioner is liable to pay the costs of the respondent if—(a) the election petition is withdrawn or abandoned; or(b) the petition is taken to have been withdrawn under section 54(3); or(c) the petitioner ceases to prosecute the petition.(8) If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners.(9) Any person who—(a) contravenes subsection (1); or(b) without reasonable excuse, fails to comply with subsection (6),commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 57. When an election petition is terminated (1) If an election petition is lodged by one person, the petition is terminated by that person’s death.(2) If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner dies.(3) The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred.(4) On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner.(5) The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner. 58. When respondent can withdraw from election petition proceedings and be substituted (1) If, before the trial of an election petition, a respondent other than a Returning Officer—(a) dies, resigns or otherwise ceases to hold the office to which the petition relates; or(b) gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition,that Registrar must publish in the Gazette a notice of that fact.(2) Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.(3) A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition. 58A. Court’s determination of election petition suspended before deadline of appeal The effect of the determination of the Court of an election petition is suspended until the expiry of the period within which notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal against the determination may be filed under section 53(2).(Added 18 of 2011 s. 19) 58B. Court of Final Appeal’s determination At the end of the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal must—(a) determine—(i) if the election petition relates to an election that was not contested—(A) whether the decision of the Eligibility Review Committee as to the validity of the relevant nomination was correct; and (Amended 19 of 2023 s. 46)(B) if the decision was not correct, whether the person declared to have been elected in that election was or was not duly elected;(ii) if the election petition relates to an election that was contested—(A) whether the person whose election is questioned was or was not duly elected; and(B) if the person was not duly elected, whether some other person was duly elected in place of the person; and(b) announce its determination by means of a written judgment.(Added 18 of 2011 s. 19) 59. Acts of person not invalid if determined not duly elected If the Court or the Court of Final Appeal determines that a person who was originally declared to have been duly elected as a member was not duly elected as a member, the determination does not invalidate acts purporting to have been done by the person as a member before the date on which the written judgment of the Court or the Court of Final Appeal, as the case may be, is handed down.(Replaced 18 of 2011 s. 20. Amended 19 of 2023 s. 47) 60. What is to happen if a member is determined not to have been duly elected (Amended 19 of 2023 s. 48)(1) If, on the hearing of an election petition, the Court determines that a person who was declared under section 46 as duly elected as a member was not duly elected as a member— (Amended 18 of 2011 s. 21; 19 of 2023 s. 48)(a) subject to subsection (1A) and section 58A, that person ceases to be a member; and(b) subject to subsection (2), that person’s office as a member becomes vacant from the date on which the written judgment of the Court is handed down.(1A) If—(a) the Court determines that a person who was declared under section 46 as duly elected as a member was not duly elected as a member; and(b) the person lodges an appeal under section 22(1)(c) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) against the determination,the person continues, subject to subsections (3) and (5), to be a member. (Added 18 of 2011 s. 21)(2) If, on the hearing of an election petition, the Court determines that a person was duly elected as a member in place of a person that the Court has determined not to have been duly elected at the election, subject to subsection (1A) and section 58A, the first-mentioned person becomes a member from the date on which the written judgment of the Court is handed down.(3) If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person who was declared under section 46 as duly elected as a member was not duly elected as a member— (Amended 19 of 2023 s. 48)(a) that person ceases to be a member; and (b) subject to subsection (4), that person’s office as a member becomes vacant from the date on which the written judgment of the Court of Final Appeal is handed down. (Added 18 of 2011 s. 21)(4) If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person was duly elected as a member in place of a person that the Court of Final Appeal has determined not to have been duly elected as a member, the first-mentioned person becomes a member from the date on which the written judgment of the Court of Final Appeal is handed down. (Added 18 of 2011 s. 21)(5) If the Court determines that a person who was declared under section 46 as duly elected as a member was not duly elected as a member and the person lodges an appeal under section 22(1)(c) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) against the determination, the person— (Amended 19 of 2023 s. 48)(a) ceases, if an application to withdraw an application for leave to appeal or an application to withdraw an appeal is made under rule 11 or 17 (as the case may be) of the Hong Kong Court of Final Appeal Rules (Cap. 484 sub. leg. A) in relation to the appeal and an order is made by the Court of Final Appeal granting the application, to be a member on the date on which the order is made by the Court of Final Appeal; or(b) ceases, if the appeal proceedings are terminated in other circumstances, to be a member on the date on which the appeal proceedings are terminated,and the determination of the Court against which the appeal is lodged stands from that date. (Added 18 of 2011 s. 21)(Amended 18 of 2011 s. 21; 19 of 2023 s. 48) Part VA Financial Assistance for Candidates in respect of Election Expenses (Part VA added 1 of 2007 s.6)(Format changes—E.R. 2 of 2019) 60A. Interpretation: Part VA (1) In this Part—auditor (核數師) means a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588);(Amended L.N. 66 of 2022)claim (申索) means a claim for financial assistance payable under this Part;declared election expenses (申報選舉開支) means, in relation to a candidate, the amount set out as election expenses incurred by the candidate in the election return lodged for the relevant election;disqualified candidate (喪失資格的候選人) means a candidate in respect of whom proof is given to the satisfaction of the Eligibility Review Committee under section 40(1)(b) that the candidate is disqualified from being elected; (Amended 19 of 2023 s. 49)elected as a member (當選為議員), in relation to a candidate, means—(a) a candidate who is declared to be duly elected in a notice published under section 46, unless he or she is determined under section 55(1) or (2) or 58B to be not duly elected;(b) a deceased candidate who is found to be successful at the election under section 40(3), unless proof is given to the satisfaction of the Eligibility Review Committee under section 40(1)(b) that he or she is disqualified from being elected; or(c) a candidate who becomes a member under section 60(2); (Added 19 of 2023 s. 49)election return (選舉申報書) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);eligible candidate (合資格候選人) means a candidate who is eligible for financial assistance under section 60C(a) or (b); political party (政黨) means— (a) a political body or organization operating in Hong Kong, that purports to be a political party; or (b) a body or organization the principal function or main object of which is to promote or prepare a candidate for election as a Member of the Legislative Council or as a member of any District Council; specified rate (指明資助額) means the amount specified in Schedule 7.(Amended 19 of 2023 s. 49)(2) Subject to any determination the Court may make on the validity of a vote in the course of determining an election petition, for the purposes of this Part—(a) the total number of valid votes cast in any constituency is the total number of ballot papers containing valid votes received in that constituency; and(b) the total number of valid votes cast for a candidate for such a constituency is the total number of ballot papers containing valid votes cast for that candidate.(3) For section 60D(2)(a)—(a) the number of electors for a District Committees constituency is the number of electors for the constituency as shown in the District Committees constituencies register that is in force at the time the election is held; and(b) the number of electors for a District Council geographical constituency is the number of electors registered for that constituency as shown in the final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (Cap. 542) that is in force at the time the election is held. (Replaced 19 of 2023 s. 49) 60B. Financial assistance payable to candidates (1) An eligible candidate is entitled to financial assistance in the form of a monetary payment, in accordance with this Part, in respect of the declared election expenses of that candidate for an election.(2) Subject to this Part, financial assistance is payable to an eligible candidate whether or not that candidate—(a) represents a political party or an organization that is not a political party; or(b) is an independent candidate.(3) An amount payable as financial assistance is payable whether or not the declared election expenses have been paid or are due for payment in whole or in part.(4) For the avoidance of doubt, it is stated that financial assistance payable under this Part is not an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). 60C. Eligibility for financial assistance A candidate for a constituency is eligible for financial assistance only if the candidate— (Amended 19 of 2023 s. 50)(a) is elected as a member; or(b) is not elected as a member but— (Amended 19 of 2023 s. 50)(i) is not a disqualified candidate; and(ii) obtains at least 5% of the total number of valid votes cast in the constituency concerned.(Amended 19 of 2023 s. 50) 60D.

Amount payable as financial assistance (1) If the election for a constituency is contested, the amount payable as financial assistance to a candidate is the lowest of the following amounts— (Amended 18 of 2011 s. 39)(a) the amount obtained by multiplying the total number of valid votes cast for the candidate by the specified rate;(b) 50% of the maximum amount of election expenses that can be incurred by or on behalf of the candidate under section 3 of the Maximum Amount of Election Expenses (District Council Election) Regulation (Cap. 554 sub. leg. C); (Replaced 18 of 2011 s. 39)(c) the declared election expenses of the candidate. (Added 18 of 2011 s. 39)(2) If the election for a constituency is uncontested, the amount payable as financial assistance to a candidate is the lowest of the following amounts— (Amended 18 of 2011 s. 39)(a) the amount obtained by multiplying 50% of the number of electors for the constituency by the specified rate; (Amended 19 of 2023 s. 51)(b) 50% of the maximum amount of election expenses that can be incurred by or on behalf of the candidate under section 3 of the Maximum Amount of Election Expenses (District Council Election) Regulation (Cap. 554 sub. leg. C); (Replaced 18 of 2011 s. 39)(c) the declared election expenses of the candidate. (Added 18 of 2011 s. 39) 60E. Entitlement to financial assistance not affected by failure of election (Amended 19 of 2023 s. 52)(1) A declaration by the Returning Officer under section 40(3) that an election has failed does not affect any entitlement to financial assistance under this Part.(2) (Repealed 19 of 2023 s. 52) 60F. Financial assistance to be paid out of general revenue An amount payable as financial assistance under this Part is a charge on, and is to be met from, the general revenue. 60G. Recovery of payment of financial assistance (1) Where a payment of financial assistance is made under this Part and the recipient is not entitled to receive the whole or part of the amount paid—(a) the Chief Electoral Officer shall give a written notice to the recipient requiring repayment of the whole or part, as the case may be, of the amount paid; and(b) the recipient must repay the whole or part, as the case may be, of the amount paid, to the Government within 3 months after the date of the notice,in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(2) Any amount that is not repaid under subsection (1) may be recovered as a civil debt due to the Government.(3) If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that deceased person is liable to the extent of the deceased person’s liability.(4) In any proceedings for the purposes of subsection (2), a certificate signed by the Chief Electoral Officer, stating, in relation to a payment of financial assistance under this Part, the amount, the date and the recipient of the payment is admissible as evidence of the matters stated in the certificate. 60H. How financial assistance is to be claimed and paid (1) A claim must be—(a) presented to the Chief Electoral Officer within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) for lodging an election return; and(b) accompanied by an election return.(2) A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(3) Without limiting the generality of subsection (2), the Chief Electoral Officer may appoint an auditor to assist in verifying any claim (including the auditing of the accounts in the election return accompanying the claim).(4) A payment of financial assistance is to be made by the Chief Electoral Officer.(5) The manner of payment of financial assistance must also be in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(6) Where a person entitled to financial assistance dies before a claim is made, a claim may be made on behalf of the estate of the deceased person, and any payment of financial assistance in such case is to be made for the benefit of the estate.(7) Where a person entitled to financial assistance dies after a claim is made but before a payment of financial assistance is made or the claim is otherwise disposed of, the claim may be continued on behalf of the estate of the deceased person, and any payment of financial assistance in such case is to be made for the benefit of the estate.(8) Where a person entitled to financial assistance dies before or after a claim is made, his or her legal personal representative or such other person as specified in regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) may take any action in respect of the claim that the deceased person may have taken. 60I. (Repealed 14 of 2021 s. 368) Part VI Chairman and Procedure of a District Council (Amended 19 of 2023 s. 53)(Format changes—E.R. 2 of 2019) Division 1 (Division 1 heading repealed 19 of 2023 s. 54) 61. (Repealed 19 of 2023 s. 55) Division 2 (Division 2 heading repealed 19 of 2023 s. 56) 62. District Officer to be Chairman The District Officer of a District is to be the Chairman of the District Council of the District.(Replaced 19 of 2023 s. 57) 63. (Repealed 19 of 2023 s. 58) 64. (Repealed 19 of 2023 s. 58) 65. (Repealed 19 of 2023 s. 58) 66. Chairman to preside at meetings The Chairman of a District Council is to preside at meetings of the District Council.(Replaced 19 of 2023 s. 59) 67. Chairman to have a casting vote At a meeting of a District Council, the Chairman is to have an original vote and a casting vote if the votes are equal.(Replaced 19 of 2023 s. 59) Division 3 (Division 3 heading repealed 19 of 2023 s. 60) 68. Chairman may make standing orders (Amended 19 of 2023 s. 61)(1) The Chairman of a District Council may make standing orders for regulating the procedure of the District Council and its committees. (Replaced 19 of 2023 s. 61)(2) Without limiting the generality of subsection (1), the standing orders may make provision for—(a) times and places of meetings of the District Council or of a committee; or(b) the summoning, notices, keeping of minutes of proceedings of meetings; or(c) the voting on matters put before a meeting; or(d) the determination of any matter by circulation of papers; or(e) the preservation of order at meetings.(3) The standing orders of a District Council must provide for the quorum of its committees. (Replaced 19 of 2023 s. 61) 69. Chairman may appoint secretary (Amended 19 of 2023 s. 62)(1) For the purpose of carrying out the functions of a District Council, the Chairman of the District Council may appoint a public officer to act as the secretary of that District Council.(2) The Chairman of a District Council may determine the duties of the person appointed as secretary under subsection (1).(Amended 19 of 2023 s. 62) 70. Quorum of a District Council The quorum of a District Council is not less than half the members of the Council holding office for the time being. 71. Committees of a District Council (Amended 19 of 2023 s. 63)(1) For the purpose of carrying out the functions of a District Council, the Chairman of the District Council must appoint committees in accordance with this section.(2) The Chairman of a District Council may appoint to the committee any person who is not a member if the person satisfies the qualifications set out in section 20(1).(3) The Chairman of a District Council is to appoint a member of the committee who is also a member of that Council, as the chairman of the committee.(4) A member appointed under subsection (2) may vote at a meeting of the committee and is to be counted for the purpose of constituting a quorum.(5) A District Council may delegate any of its functions to a committee.(Amended 19 of 2023 s. 63) 71A. Chairman may require members to collect views The Chairman of a District Council may require members of the District Council to collect the views of the people in the District concerned in respect of an issue specified by the Chairman.(Added 19 of 2023 s. 64) 72. Proceedings of a District Council or a committee not affected by vacancy or defect in membership etc. (Amended 13 of 2021 s. 25)(1) The power of a District Council to transact business is not affected by—(a) a vacancy in the membership of the District Council; or(b) the suspension of a person’s functions and duties as a member under section 72D(1)(c) or 79(2A). (Replaced 13 of 2021 s. 25. Amended 19 of 2023 s. 65)(2) The validity of proceedings of a District Council are not affected by—(a) a vacancy in the membership of the District Council;(ab) the suspension of a person’s functions and duties as a member under section 72D(1)(c) or 79(2A); (Added 13 of 2021 s. 25. Amended 19 of 2023 s. 65)(b) a defect in the appointment, registration or election of a member; (Amended 3 of 2013 s. 10; 19 of 2023 s. 65)(c) a defect as to the eligibility of a person to be a member.(3) 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.(4) For the purposes of this section, a vacancy in the membership of a District Council includes a vacancy in its membership when it first meets after an ordinary election. (Replaced 19 of 2023 s. 65) Part VIA Misconduct and Sanctions (Part VIA added 19 of 2023 s. 66) 72A. Interpretation: Part VIA In this Part—Secretary (局長) means the Secretary for Home and Youth Affairs. 72B. Secretary may issue guidelines (1) The Secretary may issue guidelines for the purposes of this Part, and the matters that the guidelines may indicate include—(a) the standard of performance required of a member;(b) the conduct of a member that constitutes misconduct; and(c) the procedures relating to the implementation of sections 72C, 72D and 72E.(2) The Secretary must—(a) publish the guidelines in a way appropriate to bring them to the notice of the members; and(b) make copies of the guidelines available to the public.(3) Guidelines issued under this section are not subsidiary legislation.(4) The Secretary may amend or revoke any of the guidelines. Subsections (2) and (3) apply to an amendment or revocation of guidelines in the same way as they apply to the guidelines.(5) A person does not incur any civil or criminal liability only because the person has contravened any of the guidelines.(6) If, in any legal proceedings, the court is satisfied that a provision of the guidelines is relevant to the determination of a matter that is in issue in the proceedings—(a) the guidelines are admissible in evidence in the proceedings; and(b) proof that the person contravened, or did not contravene, the provision may be relied on by a party to the proceedings as tending to establish or negate the matter. 72C. Investigation on misconduct of members (1) An investigation on an alleged misconduct of a member of a District Council may be initiated by—(a) the Chairman and not less than 3 members of the District Council; or(b) a motion passed by more than half of the members present in a meeting of the District Council.(2) If an investigation is initiated under subsection (1), the Secretary must appoint a supervisory committee that consists of the following persons to conduct the investigation—(a) 1 person who is not a member of any District Council; and(b) 4 members of any District Council that is not the District Council mentioned in subsection (1).(3) The supervisory committee is to conduct the investigation to—(a) establish whether the facts on which the allegation is based are true;(b) give its opinion on whether the established facts constitute grounds for imposing sanction under section 72D; and(c) if there is ground for imposing sanction—give its opinion on the appropriate sanction to be imposed on the member concerned.(4) The supervisory committee must submit a written report to the Secretary as soon as practicable after the completion of the investigation stating the established facts and its opinion mentioned in subsection (3). 72D. Secretary may impose sanctions etc. (1) The Secretary may, after considering the report of a supervisory committee on a member under section 72C, issue a letter of persuasion to, or impose any of the following sanctions on, the member as the Secretary considers appropriate—(a) warning;(b) financial penalty;(c) suspension of the member’s functions and duties as a member.(2) The amount of financial penalty imposed under subsection (1)(b) is to be—(a) determined by the Secretary; and(b) deducted from the member’s remuneration to which the member is entitled.(3) If a person’s functions and duties as a member are suspended under subsection (1)(c), during the period of suspension, the person—(a) must not act as a member;(b) must not do anything for the purpose of carrying into effect the provisions of this Ordinance or any other enactment conferring functions on a District Council;(c) must not enjoy any corresponding entitlement; and(d) is not to be regarded as a member for the purposes of section 86.(4) Despite subsection (3)(c), the person is entitled to be reimbursed the operating expenses incurred by the person during the period of suspension.(5) If a person’s functions and duties as a member are suspended under subsection (1)(c) and the person is absent from a meeting of a District Council during the suspension, the person is not to be regarded as being absent from that meeting for the purposes of section 26A(5).(6) The Secretary must, as soon as practicable after imposing a sanction on a member under subsection (1), inform the member in writing.(7) If a person acts, or claims to be entitled to act, as a member while his or her functions and duties as a member are suspended under subsection (1)(c), the Secretary for Justice may apply to the Court for an interim injunction restraining the person from so acting or claiming. 72E. Appeal against sanctions (1) A member who is aggrieved by a decision of the Secretary under section 72D may appeal to the Chief Secretary for Administration.(2) The appeal must be made within 14 days after the date of the decision.(3) The appeal does not suspend the decision unless the Chief Secretary for Administration decides otherwise.(4) On an appeal under subsection (1) against a decision, the Chief Secretary for Administration may confirm, vary or reverse the decision.(5) The Chief Secretary for Administration must issue a notice of decision made under subsection (3) or (4) to the member who made the appeal. Part VII Functions and Duties of Officers under this Ordinance (Format changes—E.R. 2 of 2019) 73. Functions and duties of Electoral Registration Officer and assistants (1) The Electoral Registration Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.(2) An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer, exercise and perform the functions and duties of the Electoral Registration Officer.(3) The executive authorities of the Government must ensure that the Electoral Registration Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer’s functions and duties under this Ordinance.(4) Expenses properly incurred by the Electoral Registration Officer in the exercise or performance of that Officer’s functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541) are a charge on, and are payable from, the general revenue. 74. Designated Officer and Electoral Registration Officer may specify forms (1) The Designated Officer may specify the form of any registration, notice or other document required for the purposes of Part IV.(2) The Electoral Registration Officer may specify the form of any application, notice, return, record or other document required for the purposes of Part V.(Replaced 19 of 2023 s. 67) 75. Appointment of Returning Officers and assistants (1) The Electoral Affairs Commission must appoint for each constituency a Returning Officer and such number of Assistant Returning Officers as appears to the Commission to be necessary to enable an election to be held in the constituency.(2) A Returning Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.(3) An Assistant Returning Officer may, with the authority of the Returning Officer concerned, exercise and perform the functions and duties of Returning Officer.(4) The Electoral Affairs Commission must publish in the Gazette a notice of the appointment of a Returning Officer and that Officer’s address.(5) The executive authorities of the Government must ensure that each Returning Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer’s functions and duties under this Ordinance.(6) Expenses properly incurred by a Returning Officer in the exercise or performance of that Officer’s functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541) are a charge on, and are payable from, the general revenue. 76. Offence to obstruct or hinder electoral officer or Eligibility Review Committee (Amended 19 of 2023 s. 69)A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer or the Eligibility Review Committee in the exercise of a function conferred, or the performance of a duty imposed, by or under this Ordinance commits an offence and is liable on conviction to a fine at level 5.(Amended 19 of 2023 s. 69) 77. Chief Executive may give directions as to exercise or performance of electoral officers’ functions and duties (1) The Chief Executive may give directions, either generally or in any particular case, with respect to the exercise or performance by an electoral officer of any of the officer’s functions or duties under this Ordinance with respect to the holding or conduct of an election. The directions have no effect to the extent that they are inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541).(2) An electoral officer must, when exercising or performing a function or duty under this Ordinance, comply with any direction given by the Chief Executive under this section with respect to the exercise or performance of the function or duty. 78. Death or incapacity of electoral officer not to terminate authority Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance. Part VIII Legal Proceedings (Format changes—E.R. 2 of 2019) 79. Proceedings against persons on grounds of disqualification (1) The Secretary for Justice may bring proceedings in the Court against any person who is acting or claims to be entitled to act, as a member on the ground that the person is disqualified from acting as such.(2) (Repealed 13 of 2021 s. 26)(2A) Immediately after proceedings are brought by the Secretary for Justice under this section against a person on the ground that the person is disqualified from acting as a member—(a) for breach of an oath taken under section 19A of the Oaths and Declarations Ordinance (Cap. 11); or(b) for failure to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China,the person’s functions and duties as a member are suspended until the decision of the Court in the proceedings becomes final. (Added 13 of 2021 s. 26)(2B) For the purposes of subsection (2A), a decision of the Court becomes final—(a) if no motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(e) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is filed by the end of the period specified under subsection (4B)—when that period expires; or(b) if, before the end of that period, motion for the purpose of such an application is filed—(i) when the application is abandoned or otherwise ceases to have effect;(ii) when the application is refused; or(iii) if the application is granted—(A) when the appeal is abandoned or otherwise ceases to have effect; or(B) when the appeal is determined. (Added 13 of 2021 s. 26)(2C) If a person’s functions and duties as a member are suspended under subsection (2A), the person—(a) must not act as a member;(b) must not do anything for the purpose of carrying into effect the provisions of this Ordinance or any other enactment conferring functions on a District Council;(c) must not enjoy any corresponding entitlement; and(d) is not to be regarded as a member for the purposes of section 86. (Added 13 of 2021 s. 26)(2D) If a person’s functions and duties as a member are suspended under subsection (2A) and the person is absent from a meeting of a District Council during the suspension, the person is not to be regarded as being absent from that meeting for the purposes of section 26A(5). (Added 13 of 2021 s. 26. Amended 19 of 2023 s. 70)(2E) The Court may, on the application of a person whose functions and duties as a member are suspended under subsection (2A), lift the suspension. (Added 13 of 2021 s. 26)(2F) If a person acts, or claims to be entitled to act, as a member while his or her functions and duties as a member are suspended under subsection (2A), the Secretary for Justice may apply to the Court for an interim injunction restraining the person from so acting or claiming. (Added 13 of 2021 s. 26)(3) If, in proceedings brought under this section, it is proved that the defendant acted as a member while disqualified from acting in that office, the Court may—(a) make a declaration to that effect; and(b) grant an injunction restraining the defendant from so acting; and(c) order the defendant to pay to the Government such sum as the Court thinks appropriate, not exceeding $5,000 for each occasion on which the person so acted while disqualified.(4) If, in proceedings brought under this section, it is proved that the defendant claimed to be entitled to act as a member while disqualified from acting in that office, the Court may—(a) make a declaration to that effect; and(b) grant an injunction restraining the defendant from so acting.(4A) If, in proceedings brought under this section, it is proved that the defendant was disqualified from acting as a member beginning on a date, the defendant ceased to be entitled to any corresponding entitlement beginning on that date. (Added 13 of 2021 s. 26)(4B) Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(e) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 13 of 2021 s. 26)(5) Proceedings against a person on the ground that the person has acted, while disqualified from acting, or claimed to have been entitled to act, as a member may be brought only in accordance with this section and by the Secretary for Justice.(6) For the purposes of this section, a person is disqualified from acting as a member if the person—(a) is not qualified to be, or is disqualified from being, a member; or(b) has ceased to hold office as a member.(7) In subsection (4B)—working day (工作日) means any day other than—(a) a general holiday;(b) a black rainstorm warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or(c) a gale warning day as defined by that section. (Added 13 of 2021 s. 26) 80. Period within which complaint or information is to be laid Except as otherwise provided by this Ordinance, a complaint or information alleging the commission of an offence against this Ordinance must be laid within 3 years from the date of the alleged commission. Part IX Chief Executive in Council to Make Regulations and Amend Schedule 4A or 7 (Amended L.N. 28 of 2013; 19 of 2023 s. 71)(Format changes—E.R. 2 of 2014) 81. Chief Executive in Council may make regulations (1) The Chief Executive in Council may make regulations for the better carrying out of the purposes of this Ordinance.(2) In particular, a regulation under this section may provide for all or any of the following—(a) the number or qualifications of subscribers required to complete a nomination form for a candidate; and (Amended 19 of 2023 s. 72)(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.(3) 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.(4) 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. 82. Chief Executive in Council may amend Schedule 4A or 7 (Amended 1 of 2007 s. 7; 19 of 2023 s. 73)The Chief Executive in Council may, by order published in the Gazette, amend Schedule 4A or 7.(Amended 1 of 2007 s. 7; 19 of 2023 s. 73) Part X Miscellaneous (Format changes—E.R. 2 of 2014) 83. (Repealed 19 of 2023 s. 74) 84. Designated Officer to give notice of vacancy If a vacancy arises in the membership of a member appointed under Division 1 of Part IV or an ex officio member, the Designated Officer must give notice of the vacancy in the Gazette within 21 days after becoming aware of the vacancy.(Amended 3 of 2013 s. 12; 19 of 2023 s. 75) 85. Directions by Chief Executive to a District Council (1) The Chief Executive may, after consultation with a District Council, give that Council directions of a general character, in the performance of its functions, in relation to matters which affect the public interest.(2) A District Council must give effect to directions given under subsection (1). 86. Protection of members A member of a District Council or a committee shall not be subjected to any liability, action, claim or demand by reason of anything done bona fide for the purpose of carrying into effect the provisions of this Ordinance or any other enactment conferring functions on a District Council. 86A. Offence of false declaration (1) A person commits an offence if the person—(a) makes a statement that the person knows to be false in a material particular in a specified document;(b) recklessly makes a statement that is incorrect in a material particular in a specified document; or(c) knowingly omits a material particular from a specified document.(2) A person commits an offence if the person, directly or indirectly, by himself or herself or by another person on his or her behalf, conspires with, incites, compels, induces, coerces, intimidates or persuades another person to—(a) make a false statement in a specified document; or(b) provide information that the person knows to be wrong in a material particular in a specified document.(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(4) An offence under this section is to be an offence prescribed for the purposes of sections 14, 19 and 26A.(5) In this section—specified document (指明文件) means a registration form, declaration or any other document required or used for the purposes of Division 1 or 2 of Part IV.(Added 19 of 2023 s. 76) 87. (Repealed 19 of 2023 s. 77) Part XI (Omitted as spent—E.R. 2 of 2014) 88. (Omitted as spent—E.R. 2 of 2014) 89. (Omitted as spent—E.R. 2 of 2014) Schedule 1 [ss. 3 & 8]Number of and Declaration of Districts (Format changes—E.R. 2 of 2014) Part I Number of Districts The number of Districts to be declared for the purposes of this Ordinance is 18. Part II Declaration of Districts Item District Delineation of District area 1. Central andWestern District That area delineated and edged grey on the map numbered DC/2000/A and deposited in the office of the Designated Officer. 2. Eastern District That area delineated and edged grey on the map numbered DC/2013/C and deposited in the office of the Designated Officer. 3. Kowloon CityDistrict That area delineated and edged grey on the map numbered DC/2000/G and deposited in the office of the Designated Officer. 4. Kwun TongDistrict That area delineated and edged grey on the map numbered DC/2000/J and deposited in the office of the Designated Officer. 5. Sham Shui PoDistrict That area delineated and edged grey on the map numbered DC/2006/F and deposited in the office of the Designated Officer. 6. Southern District That area delineated and edged grey on the maps numbered DC/2000/D1 and DC/2000/D2 and deposited in the office of the Designated Officer. 7. Wan Chai District That area delineated and edged grey on the map numbered DC/2013/B and deposited in the office of the Designated Officer. 8. Wong Tai SinDistrict That area delineated and edged grey on the map numbered DC/2000/H and deposited in the office of the Designated Officer. 9. Yau Tsim MongDistrict That area delineated and edged grey on the map numbered DC/2000/E and deposited in the office of the Designated Officer. 10. Islands District That area delineated and edged grey on the map numbered DC/2000/T and deposited in the office of the Designated Officer. 11. Kwai TsingDistrict That area delineated and edged grey on the map numbered DC/2006/S and deposited in the office of the Designated Officer. 12. North District That area delineated and edged grey on the maps numbered DC/2000/N1 and DC/2000/N2 and deposited in the office of the Designated Officer. 13. Sai Kung District That area delineated and edged grey on the maps numbered DC/2000/Q1 and DC/2000/Q2 and deposited in the office of the Designated Officer. 14. Sha Tin District That area delineated and edged grey on the map numbered DC/2000/R and deposited in the office of the Designated Officer. 15. Tai Po District That area delineated and edged grey on the maps numbered DC/2000/P1 and DC/2000/P2 and deposited in the office of the Designated Officer. 16. Tsuen WanDistrict That area delineated and edged grey on the map numbered DC/2000/K and deposited in the office of the Designated Officer. 17. Tuen MunDistrict That area delineated and edged grey on the map numbered DC/2000/L and deposited in the office of the Designated Officer. 18. Yuen LongDistrict That area delineated and edged grey on the map numbered DC/2000/M and deposited in the office of the Designated Officer. (Amended L.N. 156 of 2006; L.N. 12 of 2014) Schedule 2 [ss. 4 & 8]Establishment of District Councils (Format changes—E.R. 2 of 2014) Item Name of District Name ofDistrict Council Date ofestablishment 1. Central and WesternDistrict Central and WesternDistrict Council 1 January 2000 2. Eastern District Eastern DistrictCouncil 1 January 2000 3. Kowloon City District Kowloon City DistrictCouncil 1 January 2000 4. Kwun Tong District Kwun Tong DistrictCouncil 1 January 2000 5. Sham Shui Po District Sham Shui Po DistrictCouncil 1 January 2000 6. Southern District Southern DistrictCouncil 1 January 2000 7. Wan Chai District Wan Chai DistrictCouncil 1 January 2000 8. Wong Tai Sin District Wong Tai Sin DistrictCouncil 1 January 2000 9. Yau Tsim MongDistrict Yau Tsim MongDistrict Council 1 January 2000 10. Islands District Islands District Council 1 January 2000 11. Kwai Tsing District Kwai Tsing DistrictCouncil 1 January 2000 12. North District North District Council 1 January 2000 13. Sai Kung District Sai Kung DistrictCouncil 1 January 2000 14. Sha Tin District Sha Tin DistrictCouncil 1 January 2000 15. Tai Po District Tai Po District Council 1 January 2000 16. Tsuen Wan District Tsuen Wan DistrictCouncil 1 January 2000 17. Tuen Mun District Tuen Mun DistrictCouncil 1 January 2000 18. Yuen Long District Yuen Long DistrictCouncil 1 January 2000 Schedule 3 [ss. 5, 8, 11 & 17]Composition of District Councils (Amended 3 of 2013 s. 13; 19 of 2023 s. 78)(Format changes—E.R. 1 of 2012) Part 1 Number of Members Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Item District Council Number of appointed members Number of members to be returned for District Committees constituencies Number of members to be returned for District Council geographical constituencies Number of ex officio members 1. Central and Western District Council 8 8 4 0 2. Eastern District Council 12 12 6 0 3. Kowloon City District Council 8 8 4 0 4. Kwun Tong District Council 16 16 8 0 5. Sham Shui Po District Council 8 8 4 0 6. Southern District Council 8 8 4 0 7. Wan Chai District Council 4 4 2 0 8. Wong Tai Sin District Council 8 8 4 0 9. Yau Tsim Mong District Council 8 8 4 0 10. Islands District Council 4 4 2 8 11. Kwai Tsing District Council 13 12 6 1 12. North District Council 8 8 4 4 13. Sai Kung District Council 12 12 6 2 14. Sha Tin District Council 17 16 8 1 15. Tai Po District Council 8 8 4 2 16. Tsuen Wan District Council 8 8 4 2 17. Tuen Mun District Council 13 12 6 1 18. Yuen Long District Council 16 16 8 6 (Part 1 replaced 19 of 2023 s. 78) Part 2 Rural Committees in Districts Item District District Council Number ofRural Committees Names of RuralCommittees 1. IslandsDistrict IslandsDistrictCouncil 8 Cheung Chau RuralCommittee Lamma Island (North)Rural Committee Lamma Island (South)Rural Committee Mui Wo RuralCommittee Peng Chau RuralCommittee South Lantao RuralCommittee Tai O RuralCommittee Tung Chung RuralCommittee 2. Kwai TsingDistrict Kwai TsingDistrictCouncil 1 Tsing Yi RuralCommittee 3. NorthDistrict NorthDistrictCouncil 4 Fanling District RuralCommittee Sha Tau Kok DistrictRural Committee Sheung Shui DistrictRural Committee Ta Kwu Ling DistrictRural Committee 4. Sai KungDistrict Sai KungDistrictCouncil 2 Hang Hau RuralCommittee Sai Kung RuralCommittee 5. Sha TinDistrict Sha TinDistrictCouncil 1 Sha Tin RuralCommittee 6. Tai PoDistrict Tai PoDistrictCouncil 2 Sai Kung North RuralCommittee Tai Po RuralCommittee 7. Tsuen WanDistrict Tsuen WanDistrictCouncil 2 Ma Wan RuralCommittee Tsuen Wan RuralCommittee 8. Tuen MunDistrict Tuen MunDistrictCouncil 1 Tuen Mun RuralCommittee 9. Yuen LongDistrict Yuen LongDistrictCouncil 6 Ha Tsuen RuralCommittee Kam Tin RuralCommittee Pat Heung RuralCommittee Ping Shan Heung RuralCommittee San Tin RuralCommittee Shap Pat Heung RuralCommittee (Amended E.R. 2 of 2012; 8 of 2022 s. 20) Schedule 3A [ss. 5A & 8]Establishment of District Committees Constituencies Column 1 Column 2 Column 3 Item Name of District Council Name of District Committees Constituencies 1. Central and Western District Council Central and Western District Committees constituency 2. Eastern District Council Eastern District Committees constituency 3. Kowloon City District Council Kowloon City District Committees constituency 4. Kwun Tong District Council Kwun Tong District Committees constituency 5. Sham Shui Po District Council Sham Shui Po District Committees constituency 6. Southern District Council Southern District Committees constituency 7. Wan Chai District Council Wan Chai District Committees constituency 8. Wong Tai Sin District Council Wong Tai Sin District Committees constituency 9. Yau Tsim Mong District Council Yau Tsim Mong District Committees constituency 10. Islands District Council Islands District Committees constituency 11. Kwai Tsing District Council Kwai Tsing District Committees constituency 12. North District Council North District Committees constituency 13. Sai Kung District Council Sai Kung District Committees constituency 14. Sha Tin District Council Sha Tin District Committees constituency 15. Tai Po District Council Tai Po District Committees constituency 16. Tsuen Wan District Council Tsuen Wan District Committees constituency 17. Tuen Mun District Council Tuen Mun District Committees constituency 18. Yuen Long District Council Yuen Long District Committees constituency (Schedule 3A added 19 of 2023 s. 79) Schedule 4 (Repealed 19 of 2023 s. 80) Schedule 4A [ss. 14, 19, 21, 26A, 31A & 82]District Committees Constituencies Register 1. When must a District Committees constituencies register be compiled The Electoral Registration Officer must compile a District Committees constituencies register for an election not later than 7 days before the beginning of the nomination period for the election as determined under regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). 2. Form of register (1) A District Committees constituencies register is to be divided into parts by reference to District Committees constituencies so that there is a separate part in the register for the District Committees constituency of the District Council of each District.(2) Each part of the register must be further divided into 3 sections corresponding to the 3 District Committees in the District concerned so that there is a separate section for each District Committee.(3) For the purposes of subsection (2), if there are 2 or more Area Committees in a District, those Area Committees are to be regarded as 1 District Committee in the District.(4) Subject to subsection (6), each section of the register must only contain an entry for each specified member of the District Committee to which the section corresponds.(5) An entry in the register relating to a person must show the name and principal residential address of the person in the existing GC register.(6) Subject to subsection (7), if a person is a specified member of 2 or more District Committees, the entry relating to the person may only be included under 1 section of the register in the following way—(a) among the sections of the register that correspond to those District Committees, the entry is to be included in the section with the fewest number of entries (specified section); and(b) if there are more than one specified section, the Electoral Registration Officer must decide the section under which the entry is to be included by drawing lots.(7) If there are 2 or more persons who are specified members of 2 or more District Committees, the Electoral Registration Officer must decide the order in which the entries relating to those persons are to be included in the register by the alphabetical order of their respective surnames in English.(8) Subject to this section, the Electoral Registration Officer may determine the form of the register.(9) For the purposes of this section, a member of a District Committee is a specified member of the District Committee if the member is registered as an elector in the existing GC register. 3. Electoral Registration Officer may request information for compiling register (1) For the purpose of compiling a District Committees constituencies register, the Electoral Registration Officer may request the Designated Officer to furnish the name, identity document number and sex of each member of each District Committee.(2) If the Electoral Registration Officer makes a request under subsection (1), the Designated Officer must furnish the information within 7 days.(3) The Electoral Registration Officer may, in a particular case, extend the period referred to in subsection (2) as the Officer considers appropriate.(4) If the period is extended under subsection (3), the Designated Officer must furnish the information within the extended period. 4. Electoral Registration Officer to publish notice of register (1) The Electoral Registration Officer must, as soon as practicable after a District Committees constituencies register is compiled under section 1 of this Schedule, publish a notice that complies with subsection (2) in—(a) the Gazette;(b) at least one Chinese language daily newspaper in circulation in Hong Kong; and(c) at least one English language daily newspaper in circulation in Hong Kong.(2) A notice under subsection (1) must specify—(a) that a copy of the register is available for inspection by specified persons during ordinary business hours; and(b) the place or places at which a copy of the register may be so inspected.(3) The register takes effect on the date of publication of the notice under subsection (1) in relation to the register and continues to have effect until the conclusion of the election.(4) Publication of a notice under subsection (1) is to be regarded as the publication of the register for the purposes of section 31A(1). 5. Electoral Registration Officer must make the register available for inspection by specified persons (1) The Electoral Registration Officer must make available for inspection in accordance with this section by specified persons a copy of a District Committees constituencies register at the place or places specified in the notice published under section 4 of this Schedule in respect of the register (specified places) during ordinary business hours free of charge.(2) The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of a specific part of the register at a place additional to the specified places, if the Officer considers appropriate.(3) The Electoral Registration Officer may determine the period during which and the times at which it may be so inspected under subsection (2).(4) For the purposes of subsections (2) and (3), the Electoral Registration Officer may further make available for inspection in accordance with this section by specified persons an additional copy of the register or an additional copy of a specific part of the register, in which entries are arranged in a way that the Officer considers appropriate for such inspection.(5) The Electoral Registration Officer must, in a copy of the register, or a copy of any part of the register, that is made available for inspection by specified persons under this section, show the name of each person registered in a way that—(a) if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or(b) if the person’s name is recorded in English—only the first word of the name is identifiable.(6) Subsection (5) does not affect the way in which any other particulars of a person registered in the register may be shown.(7) A person who is a validly nominated candidate for a District Committees constituency at a coming election may, in that capacity, inspect under this section only a copy of the part of the register that relates to the constituency.(8) The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in a register an extract from the register showing only the entry relating to that person in full.(9) The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, a register, or a copy of any part of a register, to—(a) produce to the Officer the identity document of the person; and(b) complete a form furnished by the Officer.(10) In this section—coming election (下一個選舉), in relation to a register, means an election that is held within 1 year after the publication date;previous election (先前的選舉), in relation to a register, means—(a) the last ordinary election that was held before the publication date; or(b) any by-election that was held after the election mentioned in paragraph (a) and before the publication date;publication date (刊登日期), in relation to a register, means the date on which a notice relating to the register is published under section 4(1) of this Schedule;specified person (指明的人) means—(a) a person who is a subscriber to the Government News and Media Information System maintained by the Director of Information Services;(b) a body or organization that is incorporated, or is registered or exempt from registration, under any law of Hong Kong and—(i) was provided an extract under section 6 of this Schedule for a purpose related to a previous election;(ii) was represented by a validly nominated candidate at a previous election; or(iii) has publicly declared an intention to arrange for any person (including a person yet to be specified) to stand as a candidate at a coming election; or(c) a person who is a validly nominated candidate for a District Committees constituency at a coming election. 6. Electoral Registration Officer may make available extracts of register to specified persons for purposes of an election (1) The Electoral Registration Officer may, at any time after the publication of a District Committees constituencies register, make available an extract from such published register for any purpose related to an election to a specified person.(2) The Electoral Registration Officer may, before making available an extract, arrange the entries in the extract in a form that the Officer considers appropriate for the purposes of this section.(3) When the Electoral Registration Officer makes available an extract under subsection (1), the Officer must specify the particular election for which it may be used.(4) A person to whom an extract is made available under this section must not, in relation to that extract, do any act specified in section 7(1)(a), (c) or (d) of this Schedule for a purpose other than a purpose related to the election for which it may be used under subsection (3).(5) In an extract made available under this section, the Electoral Registration Officer may include (by way of a note or other means that the Officer considers appropriate) information as to whether any person whose particulars are included in that extract is entitled to vote at an election.(6) In this section—specified person (指明的人) means a person falling within paragraph (b) or (c) of the definition of specified person in section 5(10) of this Schedule. 7. Offences for using information in a register for purposes unrelated to an election (1) A person who—(a) reproduces or permits another person to reproduce in any form any particular contained in an entry in a District Committees constituencies register or an extract from a District Committees constituencies register;(b) uses or permits another person to use any information relating to a person obtained for the purpose of compiling a District Committees constituencies register;(c) uses or permits another person to use any information relating to a person contained in a District Committees constituencies register or an extract from a District Committees constituencies register; or(d) imparts to any other person any information referred to in paragraph (a), (b) or (c),for a purpose other than a purpose related to an election, commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(2) Despite anything to the contrary in subsection (1), a person who contravenes section 6(4) of this Schedule commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(3) An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of—(a) sections 14, 19, 21 and 26A;(b) sections 39 and 40 of the Legislative Council Ordinance (Cap. 542); and(c) sections 14 and 20 of the Chief Executive Election Ordinance (Cap. 569) and sections 5M, 9 and 18 of the Schedule to that Ordinance. 8.

Electoral Registration Officer may amend register (1) The Electoral Registration Officer may, during the period in which a District Committees constituencies register takes effect, amend the register in accordance with section 2 of this Schedule if—(a) the Designated Officer informs the Electoral Registration Officer of any change in the membership of a District Committee; or(b) a member of a District Committee becomes, or ceases to be, registered as an elector in the existing GC register.(2) If the Electoral Registration Officer amends the register under subsection (1), the Officer must, as soon as practicable after the amendment, publish, in accordance with section 4 of this Schedule, a notice to the effect that the register has been so amended.(3) The Electoral Registration Officer may also amend the register so as to rectify any clerical or printing error or any incorrect or outdated name, address or other personal particulars of a person who is recorded in the register.(Schedule 4A added 19 of 2023 s. 81) Schedule 5 (Repealed 19 of 2023 s. 82) Schedule 6 (Omitted as spent—E.R. 2 of 2019) Schedule 7 [ss. 60A & 82]Financial Assistance: Specified Rate (Format changes—E.R. 2 of 2014) The rate of financial assistance for the purposes of Part VA is— (a) for an election of a member for the term of office of a District Council ending on 31 December 2023—$15; or (b) for an election of a member for any subsequent term of office of a District Council—$16.(Schedule 7 added 1 of 2007 s. 8)(Amended 18 of 2011 s. 40; L.N. 49 of 2015; L.N. 64 of 2019; 19 of 2023 s. 83) Schedule 8 [s. 6]District Council Geographical Constituencies for Seventh Term of Office of District Councils 1. Interpretation In this Schedule—approved map (獲批准地圖) means a map approved by the Chief Executive in Council on 30 May 2023 that, in relation to a District, is the map or any of the maps specified for the District in column 3 of the Table in section 2 of this Schedule;constituency boundary (選區分界), in relation to a District Council geographical constituency specified in this Schedule, means the boundary delineating the constituency represented on the relevant approved map by a green line described in the map legend as—(a) where it coincides with a red line described in the map legend as “District Boundary”—“2023 District Council Geographical Constituency Boundary (coincides with District Boundary)”; and(b) where it does not coincide with a red line mentioned in paragraph (a)—“2023 District Council Geographical Constituency Boundary”. 2. Specification of District Council geographical constituencies (1) Each area delineated and marked on an approved map as described in column 3 of the Table is specified to be a District Council geographical constituency for the purpose of returning members for the seventh term of office of the District Council of the District specified for that area in column 2 of the Table at an election.(2) The name of the District Council geographical constituency is specified in column 4 of the Table opposite the relevant area.TableDistrict Council Geographical Constituencies Column 1 Column 2 Column 3 Column 4 Item Name of District Delineation of Area Name of District Council Geographical Constituency 1. Central and Western District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/A and marked with the code A1. Central (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code A2. Western 2. Eastern District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/C and marked with the code C1. Tai Pak (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code C2. Hong Wan (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code C3. Chai Wan 3. Kowloon City District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/G and marked with the code G1. Kowloon City North (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code G2. Kowloon City South 4. Kwun Tong District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/J and marked with the code J1. Kwun Tong Southeast (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code J2. Kwun Tong Central (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code J3. Kwun Tong North (4) That area delineated by the relevant constituency boundary on that approved map and marked with the code J4. Kwun Tong West 5. Sham Shui Po District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/F and marked with the code F1. Sham Shui Po West (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code F2. Sham Shui Po East 6. Southern District (1) That area delineated by the relevant constituency boundary on the approved maps identified as Plan Nos. DCGC/R/2023/D1 and DCGC/R/2023/D2 and marked with the code D1. Southern District Southeast (2) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/D1 and marked with the code D2. Southern District Northwest 7. Wan Chai District That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/B and marked with the code B1. Wan Chai 8. Wong Tai Sin District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/H and marked with the code H1. Wong Tai Sin East (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code H2. Wong Tai Sin West 9. Yau Tsim Mong District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/E and marked with the code E1. Yau Tsim Mong South (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code E2. Yau Tsim Mong North 10. Islands District That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/T and marked with the code T1. Islands 11. Kwai Tsing District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/S and marked with the code S1. Tsing Yi (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code S2. Kwai Chung East (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code S3. Kwai Chung West 12. North District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/N1 and marked with the code N1. Wu Tip Shan (2) That area delineated by the relevant constituency boundary on the approved maps identified as Plan Nos. DCGC/R/2023/N1 and DCGC/R/2023/N2 and marked with the code N2. Robin’s Nest 13. Sai Kung District (1) That area delineated by the relevant constituency boundary on the approved maps identified as Plan Nos. DCGC/R/2023/Q1 and DCGC/R/2023/Q2 and marked with the code Q1. Sai Kung and Hang Hau (2) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/Q2 and marked with the code Q2. Tseung Kwan O South (3) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/Q2 and marked with the code Q3. Tseung Kwan O North 14. Sha Tin District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/R and marked with the code R1. Sha Tin West (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code R2. Sha Tin East (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code R3. Sha Tin South (4) That area delineated by the relevant constituency boundary on that approved map and marked with the code R4. Sha Tin North 15. Tai Po District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/P1 and marked with the code P1. Tai Po South (2) That area delineated by the relevant constituency boundary on the approved maps identified as Plan Nos. DCGC/R/2023/P1 and DCGC/R/2023/P2 and marked with the code P2. Tai Po North 16. Tsuen Wan District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/K and marked with the code K1. Tsuen Wan Northwest (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code K2. Tsuen Wan Southeast 17. Tuen Mun District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/L and marked with the code L1. Tuen Mun East (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code L2. Tuen Mun West (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code L3. Tuen Mun North 18. Yuen Long District (1) That area delineated by the relevant constituency boundary on the approved map identified as Plan No. DCGC/R/2023/M and marked with the code M1. Yuen Long Town Centre (2) That area delineated by the relevant constituency boundary on that approved map and marked with the code M2. Yuen Long Rural East (3) That area delineated by the relevant constituency boundary on that approved map and marked with the code M3. Tin Shui Wai South and Ping Ha (4) That area delineated by the relevant constituency boundary on that approved map and marked with the code M4. Tin Shui Wai North (Schedule 8 added 19 of 2023 s. 84)