Cap. 547 《區議會條例》District Councils Ordinance

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.

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.

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.

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.

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.

A person is eligible to be appointed as a member only if the person—

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.

A person who is holding office as the Chairman of a Rural Committee is not eligible to be appointed as a member.

The Designated Officer may submit a proposal to appoint a person as a member to the Eligibility Review Committee.

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.

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—

In deciding whether a proposal to appoint a person is valid, the Eligibility Review Committee—

The matters specified for subsection (4)(a) and (c) are—

If the Eligibility Review Committee decides that a proposal to appoint a person is invalid—

A person is disqualified from being appointed as a member if the person—

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 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.

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.

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.

A notice of resignation is not effective unless it is signed by the member concerned.

A notice of resignation takes effect—

The office of a member appointed under this Division becomes vacant if—

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.

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.

The registration form must be in the specified form.

The registration form must contain—

The registration form must be signed by the person.

The registration form must contain other particulars (if any) required to be furnished on that form.

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.

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.

The Designated Officer must, as soon as practicable after receiving a registration form, forward the form to the Eligibility Review Committee.

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.

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—

In deciding whether a registration of a person is valid, the Eligibility Review Committee—

The matters specified for subsection (4)(a) and (c) are—

If the Eligibility Review Committee decides that a registration of a person is invalid—

After the Eligibility Review Committee has made a decision on the validity of a registration of a person—

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 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—

(Repealed 19 of 2023 s. 18)

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)

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)

(Repealed 19 of 2023 s. 18)

The office of an ex officio member becomes vacant if—

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.

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.

A person is eligible to be nominated as a candidate at an election only if the person—

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.

A person who holds office as the Chairman of a Rural Committee is not eligible to be nominated as a candidate at an election.

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.

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 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 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.

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)

(Repealed 19 of 2023 s. 22)

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.

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.

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)

A notice of non-acceptance is not effective unless it is signed by the person concerned.

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)

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.

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)

A notice of resignation is not effective unless it is signed by the member concerned.

A notice of resignation takes effect—

A member is disqualified from holding office if the member—

A member is also disqualified from holding office if the member—

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.

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.

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.

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.

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.

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).

The first ordinary election must be held in 1999.

An ordinary election must be held in each subsequent fourth year after the first ordinary election is held under subsection (1).

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

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)

The Chief Executive may specify different dates for holding an ordinary election to return each of the following classes of members—

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.

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

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).

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.

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.

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)

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)

(Repealed 19 of 2023 s. 30)

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)

Subsection (6) does not— (Amended 19 of 2023 s. 30)

An elector is disqualified from voting at an election if the elector— (Amended 19 of 2023 s. 31)

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)

The Electoral Registration Officer must compile and publish a register of electors for District Committees constituencies in accordance with Schedule 4A.

Schedule 4A also has effect in relation to the inspection of the register and use of information in the register.

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.

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.

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—

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.

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)

The nomination form must—

The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.

A candidate may withdraw the candidate’s nomination for election at any time before the close of nominations for the election and not otherwise.

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.

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.

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)

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)

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)—

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.

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—

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)—

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.

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.

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).

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.

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.

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.

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

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.

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.

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—

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.

Subsections (2) and (3) apply if, on the date of an election but before the result of the election is declared—

In the circumstances mentioned in subsection (1)(a) or (b)—

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—

At every contested election to return a member for a constituency—

A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

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).

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.

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.

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.

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.

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—

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.

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.

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.

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.

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.

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—

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.

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.

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.

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)

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)

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).

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.

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

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.

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.

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.

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

An election to return a member may be questioned only on the following grounds— (Amended 19 of 2023 s. 43)

An election to return a member may be questioned only by an election petition lodged under section 50.

In this section—

An election petition may be lodged in respect of an election for a District Committees constituency—

An election petition may be lodged in respect of an election for a District Council geographical constituency—

The following persons may be made a respondent to an election petition—

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.

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.

An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.

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.

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)

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)

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.

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.

An election petition is taken to have been withdrawn if this section is not complied with.

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)

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.

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)

(Repealed 18 of 2011 s. 18)

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)

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)

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)

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.

At the hearing of an application for leave referred to in subsection (1)—

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.

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.

Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.

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.

The petitioner is liable to pay the costs of the respondent if—

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.

Any person who—

commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

If an election petition is lodged by one person, the petition is terminated by that person’s death.

If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner dies.

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.

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.

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.

If, before the trial of an election petition, a respondent other than a Returning Officer—

that Registrar must publish in the Gazette a notice of that fact.

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.

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.

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)

If—

the person continues, subject to subsections (3) and (5), to be a member. (Added 18 of 2011 s. 21)

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.

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)

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)

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)

and the determination of the Court against which the appeal is lodged stands from that date. (Added 18 of 2011 s. 21)

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)

Without limiting the generality of subsection (1), the standing orders may make provision for—

The standing orders of a District Council must provide for the quorum of its committees. (Replaced 19 of 2023 s. 61)

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.

The Chairman of a District Council may determine the duties of the person appointed as secretary under subsection (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.

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).

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.

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.

A District Council may delegate any of its functions to a committee.

The power of a District Council to transact business is not affected by—

The validity of proceedings of a District Council are not affected by—

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.

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)