District Councils Ordinance


Published: 2014-04-10

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Cap 547 - District Councils Ordinance 1

Chapter: 547 District Councils Ordinance Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to provide for the declaration of Districts, the establishment, composition and functions of District
Councils, the procedure for election of persons to be members of District Councils; and to provide for related
matters.


[The Ordinance, except for
section 88(1) and
sections 1, 5, 6, 7, 9,
10, 13(a), 15, 16, 17,
18, 21, 25 and 31 of
Schedule 6

}
}
}



19 March 1999 L.N. 77 of 1999

The remaining provisions } 1 January 2000]

(Enacting provision omitted—E.R. 2 of 2014)

(Originally 8 of 1999)

(*Format changes—E.R. 2 of 2014)
____________________________________________________________________________
Note:
*The title of the Ordinance has been updated to the current legislative styles.

Part: I Preliminary E.R. 2 of 2014 10/04/2014


(*Format changes—E.R. 2 of 2014)
____________________________________________________________________________
Note:
* The format of Part I has been updated to the current legislative styles.

Section: 1 Short title E.R. 2 of 2014 10/04/2014


(1) This Ordinance may be cited as the District Councils Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

Section: 2 Interpretation 3 of 2013 01/01/2016


In this Ordinance, unless the context otherwise requires-
by-election (補選) means an election to elect a person as an elected member otherwise than at an ordinary election;
candidate (候選人) means a candidate nominated for election as an elected member;
Chairman (主席) means, in relation to a District Council, the person holding the office of Chairman of that Council

under Part VI;
committee (委員會) means, in relation to a District Council, a committee appointed by it under section 71;
constituency (選區) means an area declared to be a constituency under section 6(1)(a);
corrupt conduct (舞弊行為) means corrupt conduct engaged in in contravention of the Elections (Corrupt and Illegal

Conduct) Ordinance (Cap 554); (Replaced 10 of 2000 s. 47)
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;



Cap 547 - District Councils Ordinance 2

District Council (區議會) means a body established as a District Council by or under this Ordinance;
District Officer (民政事務專員) means, in relation to a District Council, the person who performs the functions of

the office of District Officer in the Home Affairs Department for the District for which that District Council is
established;

elected member (民選議員) means a person who is elected as a member of a District Council under Part V;
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) means any person whose name is included in the existing final register;
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);

existing final register (現有的正式選民登記冊) 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;

ex officio member (當然議員) means a person who holds office as such under section 9(1)(c);
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 to a person under regulations in force under that Ordinance certifying that the person is

exempt from being required to register under that Ordinance; or
(c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the

person's identity;
illegal conduct (非法行為) means illegal conduct engaged in in contravention of the Elections (Corrupt and Illegal

Conduct) Ordinance (Cap 554); (Replaced 10 of 2000 s. 47)
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 an elected member or an ex officio member; (Amended 3 of 2013 s. 3)
ordinary election (一般選舉) means-

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

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;



Cap 547 - District Councils Ordinance 3

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);

the regulations (《規例》) means regulations made and in force under this Ordinance;
Vice Chairman (副主席) means, in relation to a District Council, the person holding the office of Vice Chairman of

that Council under Part VI.
(Amended 3 of 2013 s. 3; E.R. 2 of 2014)


Part: II DECLARATION OF DISTRICTS, ESTABLISHMENT

OF DISTRICT COUNCILS, DECLARATION OF
NUMBER OF ELECTED MEMBERS AND
DECLARATION OF CONSTITUENCIES*

3 of 2013 01/01/2016



________________________________________________________________________________
Note:
* (Amended 3 of 2013 s. 4)

Section: 3 Declaration of Districts L.N. 77 of 1999 19/03/1999


(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.

Section: 4 Establishment of District Councils L.N. 77 of 1999 19/03/1999


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.

Section: 5 Number of members to be elected to a District Council* 3 of 2013 01/01/2016


(1) The number specified in column 3 of Part 1 of Schedule 3 in relation to a District Council specified in
column 2 of that Part is the number of members to be elected to that Council.

(2) (Repealed 3 of 2013 s. 5)
(Amended E.R. 1 of 2012)

________________________________________________________________________________
Note:
* (Amended 3 of 2013 s. 5)

Section: 6 Declaration of constituencies L.N. 77 of 1999 19/03/1999


(1) The Chief Executive in Council may, by order published in the Gazette-
(a) declare any area within a District to be a constituency for the purposes of an election to elect the

members of the District Council established for that District; and
(b) give names to those constituencies.



Cap 547 - District Councils Ordinance 4

(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.

(3) If an order under this section refers to a map that defines the area of a constituency-
(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

constituency is conclusive evidence of the area of the constituency.

Section: 7 Number of elected members to be returned for each

constituency
L.N. 77 of 1999 19/03/1999



The number of elected members to be returned for each constituency is one.

Section: 8 Chief Executive in Council may amend Schedule 1, 2 or 3 3 of 2013 01/01/2016


(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 or 3.

(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 elected to a District Council; and (Amended 3 of 2013 s. 6)
(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 COMPOSITION OF A DISTRICT COUNCIL L.N. 77 of 1999 19/03/1999




Section: 9 District Councils to consist of elected members and ex
officio members*

3 of 2013 01/01/2016



(1) A District Council is to consist of-
(a) elected members; and
(b) (Repealed 3 of 2013 s. 7)
(c) if it is a District Council established for a District in which there is one or more Rural Committees,

subject to subsection (2) and sections 17, 18 and 19, as ex officio members, the Chairman of each such
Rural Committee while holding office as the Chairman.

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

(3) The Chairman of each Rural Committee specified in column 5 of Part 2 of Schedule 3 is eligible under
subsection (1)(c) to become ex officio member of the District Council specified opposite to it in column 3 of that Part.

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



Cap 547 - District Councils Ordinance 5

Committees.
(Amended E.R. 1 of 2012)

________________________________________________________________________________
Note:
* (Amended 3 of 2013 s. 7)

Section: 10 An elected member taken to have resigned on becoming an

ex officio member*
3 of 2013 01/01/2016



If a person holding office as an elected member of a District Council ("the first office") becomes entitled to hold
office as an ex officio member of the same or another District Council ("the second office"), that 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.

(Amended 3 of 2013 s. 8)
________________________________________________________________________________
Note:
* (Amended 3 of 2013 s. 8)

Part: IV MEMBERSHIP OF A DISTRICT COUNCIL L.N. 77 of 1999 19/03/1999




Part:
Division:

IV
1

(Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016





Section: 11 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Section: 12 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Section: 13 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Section: 14 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Section: 15 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Section: 16 (Repealed 3 of 2013 s. 9) 3 of 2013 01/01/2016




Part:
Division:

IV
2

Ex Officio Members L.N. 77 of 1999 19/03/1999





Section: 17 Ex officio members to accept office L.N. 77 of 1999 19/03/1999


(1) A person who is a Chairman of a Rural Committee does not become an ex officio member unless the person
swears acceptance of office in Form 2 set out in Schedule 4 and lodges the form of acceptance with the Designated
Officer.

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



Cap 547 - District Councils Ordinance 6


Section: 18 When the office of ex officio member becomes vacant L.N. 77 of 1999 19/03/1999


Where a person who is an ex officio member dies, ceases to hold office as Chairman of a Rural Committee or is
disqualified from holding office as an ex officio member under section 19, the office of the ex officio member
becomes vacant until that person or that person's successor as the Chairman of the Rural Committee becomes an ex
officio member in accordance with section 17.

Section: 19 Disqualification of ex officio members 33 of 2002 27/12/2002


(1) A person who is a Chairman of a Rural Committee is disqualified from holding office as an ex officio
member, if the person-

(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 treason; or
(d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the

person's conviction, has been convicted, or is convicted after the beginning of the term of office-
(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 in contravention of the Elections (Corrupt and
Illegal Conduct) Ordinance (Cap 554); or

(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iv) of any offence prescribed by 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 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.
(Amended 33 of 2002 s. 6)

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

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

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




Cap 547 - District Councils Ordinance 7

Part:
Division:

IV
3

Elected Members L.N. 77 of 1999 19/03/1999





Section: 20 Who is eligible to be nominated as a candidate L.N. 77 of 1999 19/03/1999


(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 an elector; and
(c) is not disqualified from voting at an election; and
(d) is not disqualified from being nominated as a candidate or elected as an elected member by virtue of

section 21 or any other law; and
(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.

Section: 21 When person is disqualified from being nominated as a

candidate and from being elected as an elected member
33 of 2002 27/12/2002



(1) A person is disqualified from being nominated as a candidate at an election, and from being elected as an
elected member, if the person-

(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 treason; or
(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 in contravention of the Elections (Corrupt and
Illegal Conduct) Ordinance (Cap 554); or

(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission

Ordinance (Cap 541); or (Replaced 10 of 2000 s. 47)
(f) is ineligible to be a candidate or to be elected as an elected member because of the operation of this

Ordinance or any other law; or
(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.

(2) A person is also disqualified from being nominated as a candidate at an election if the person is found under



Cap 547 - District Councils Ordinance 8

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 an elected 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, 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 33 of 2002 s. 7)

Section: 22 How long elected member is to hold office L.N. 77 of 1999 19/03/1999


(1) An elected member 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 an elected member's ("first elected member") office becoming
vacant 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 on the day the first elected member would have vacated office had
that member served the full term.

Section: 23 Elected members to accept office L.N. 77 of 1999 19/03/1999


(1) A person who is elected to be a member 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.

(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 an elected member from that date.
(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.

Section: 24 Disqualification of elected members 33 of 2002 27/12/2002


(1) An elected member is disqualified from holding office if the member-
(a) becomes-

(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 treason; or
(d) without limiting paragraph (b), after being elected, 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; or

(ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and
Illegal Conduct) Ordinance (Cap 554); or

(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iv) of any offence prescribed by 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



Cap 547 - District Councils Ordinance 9

Republic of China, whether established at the national level or local level; or
(g) 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.
(Amended 33 of 2002 s. 8)

(2) Subsection (1)(d) does not prevent a person from being eligible to be a candidate at an election to be held 5
years after the disqualification.

(3) An elected member is also disqualified from holding office 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. 8)

(4) Subsection (3) does not prevent a person from being eligible 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. (Amended 33 of 2002 s. 8)

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

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

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

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

Section: 25 How an elected member can resign L.N. 77 of 1999 19/03/1999


(1) An elected member may at any time resign from office as an elected 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.


Section: 26 When elected member's office becomes vacant 18 of 2011 15/07/2011


An elected member's office becomes vacant if—
(a) the member dies; or
(b) the member resigns in accordance with section 25 or is taken to have resigned under section 10 or 23(3); or
(c) the member is disqualified under section 24 from holding office as an elected member; or
(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)

Part: V ELECTION OF MEMBERS TO A DISTRICT COUNCIL L.N. 77 of 1999 19/03/1999




Part:
Division:

V
1

When an Ordinary Election is to be Held L.N. 77 of 1999 19/03/1999







Cap 547 - District Councils Ordinance 10

Section: 27 Chief Executive to specify dates for holding ordinary
elections

L.N. 77 of 1999 19/03/1999



(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 elected members is to begin.

Section: 28 Suspension of operation of District Councils to enable

ordinary election to be held
L.N. 77 of 1999 19/03/1999



(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.

Part:
Division:

V
2

Who May Vote at an Election L.N. 77 of 1999 19/03/1999





Section: 29 Who is entitled to vote at an election 18 of 2011 15/07/2011


(1) A person is entitled to vote at an election only if the person is an elector.
(2) In the case of the first ordinary election, an elector is entitled to vote only in the constituency allocated to the

elector by the Electoral Registration Officer under section 31.
(3) In any subsequent ordinary election a person is entitled to vote only in the constituency (being a constituency

declared under this Ordinance) for which the person is registered as an elector in the existing final register.
(4) An elector is entitled to vote only once at an election.
(5) In the first ordinary election an elector may not be prevented from voting in that election only because the

elector's name should not have been included in the existing final register or the register referred to in section 31.
(6) In any subsequent election, 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 final register.
(7) Subsection (5) or (6) does not—

(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.

Section: 30 When an elector is disqualified from voting at an election L.N. 216 of 2009 30/10/2009


An elector is disqualified from voting at an election if the elector-
(a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (Cap



Cap 547 - District Councils Ordinance 11

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.


Section: 31 Electoral Registration Officer to publish register for the

first ordinary election
L.N. 77 of 1999 19/03/1999



(1) In the case of the first ordinary election, the Electoral Registration Officer must-
(a) allocate to an elector a constituency in which he is entitled to vote at that election, according to the

elector's residential address as recorded in the existing final register; and
(b) not later than 2 months before the date specified under section 27 for holding the first ordinary

election, publish a register showing the constituency allocated to each elector under paragraph (a).
(2) The Electoral Registration Officer may amend the register referred to in subsection (1) so as to rectify any

clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the
register.

Part:
Division:

V
3

Conduct of Elections L.N. 77 of 1999 19/03/1999





Section: 32 Vacancy in membership of elected members of a District
Council to be declared

L.N. 77 of 1999 19/03/1999



(1) If a vacancy arises in the office of an elected member, 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 an elected member at the election.

Section: 33 By-election to be held to fill vacancy in membership of

District Councils
L.N. 77 of 1999 19/03/1999



(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) on the making of a declaration under section 40(1) that the proceedings for the election for a
constituency have been terminated; and

(c) on the making of a declaration under section 39(2) that an election for a constituency has failed
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.

(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 elected members.

Section: 34 What requirements are to be complied with by persons

nominated as candidates
L.N. 77 of 1999 19/03/1999



(1) A person is not validly nominated as a candidate for an election unless-
(a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission

Ordinance (Cap 541), been lodged by or on behalf of the person with the Returning Officer concerned;



Cap 547 - District Councils Ordinance 12

and
(b) the nomination form includes or is accompanied by a declaration to the effect that the person will

uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region.
(2) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.


Section: 35 Withdrawal of candidate's nomination L.N. 77 of 1999 19/03/1999


(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.

Section: 36 Who are validly nominated candidates L.N. 81 of 2007 01/09/2007


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

(2) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly
nominated for election for a constituency but before the date specified for holding the election, 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)- (Amended 1 of 2007 s. 3)

(a) publicly declare that the candidate has died; and
(b) further declare which candidate or candidates are validly nominated for election for that constituency.

(3) Subsection (2) does not apply if the Returning Officer has publicly declared under section 39(1) that the
candidate was duly elected as an elected member.

(4) If, after the Returning Officer has made a decision under subsection (1) that a candidate is validly
nominated for election for a constituency but before the date specified for holding the election, proof is given to the
satisfaction of the Returning Officer that the candidate is disqualified from being nominated as a candidate, the
Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance
(Cap 541), vary the decision to the effect that the candidate is not validly nominated. If the Returning Officer so varies
the decision, that Officer must, in accordance with those regulations- (Amended 1 of 2007 s. 3)

(a) publicly declare that the decision has been varied; and
(b) further declare which candidate or candidates are validly nominated for election for that constituency.

(5) Subsection (4) does not apply if the Returning Officer has publicly declared under section 39(1) that the
candidate was duly elected as an elected member.

Section: 37 Candidates entitled to send letters to electors free of

postage
L.N. 77 of 1999 19/03/1999



(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.

Section: 38 When ordinary election can be postponed or adjourned 12 of 2014 18/07/2014


(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



Cap 547 - District Councils Ordinance 13

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)

Section: 39 What is to happen if insufficient candidates are nominated L.N. 77 of 1999 19/03/1999


(1) If, after the close of nomination of candidates for election for a constituency, only one candidate has been
validly nominated, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs
Commission Ordinance (Cap 541), publicly declare the candidate to be duly elected as an elected member.

(2) If, after the close of nomination of candidates for election for a constituency, no candidate was validly
nominated, the Returning Officer must, by notice published in the Gazette, declare the election to have failed.

Section: 40 When election proceedings are terminated or when an

election fails
L.N. 81 of 2007 01/09/2007



(1) If, on the day specified for the holding of an election but before the close of polling for the election, proof is
given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has
died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the
constituency are terminated. (Amended 1 of 2007 s. 4)

(2) If, after the close of polling for an election but before declaring the result of the election, proof is given to
the satisfaction of the Returning Officer that a candidate for election for a constituency has died or is disqualified from
being elected, the proceedings for the election for the constituency are not to be terminated at that stage. If the
counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to
continue as if the death or disqualification had not occurred. (Amended 1 of 2007 s. 4)

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

Section: 41 System of voting and counting of votes L.N. 81 of 2007 01/09/2007


(1) At every election which is contested-
(a) a poll shall be taken in each constituency or constituencies in which the election is held; and
(b) the voting at that poll shall be by secret ballot; and
(c) the election shall be conducted in accordance with the regulations and regulations in force under the

Electoral Affairs Commission Ordinance (Cap 541).
(2) The votes shall be given and counted in accordance with the simple or relative majority system of election

(otherwise known as the "first past the post" voting system) whereby the elector shall vote for not more than one of the
candidates and the candidate to whom the greatest number of votes have been given shall be declared by the Returning
Officer as the only candidate to be elected.

(3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number
of votes, the Returning Officer must determine the result of the election by drawing lots. The person on whom the lot
falls must be determined by the Returning Officer to be the elected member for the constituency concerned.

(4) As soon as practicable after determining the result of the election, the Returning Officer must publicly
declare as elected the candidate who was successful at the election.

(5) Despite subsection (4), if, before declaring the result of an election for a constituency, proof is given to the
satisfaction of the Returning Officer that the candidate who was successful at the election has died or is disqualified
from being elected, that Officer- (Amended 1 of 2007 s. 5)



Cap 547 - District Councils Ordinance 14

(a) must not declare that candidate as elected; and
(b) must publicly declare, under section 40(3), that the election has failed.


Section: 42 Consequences of non-compliance with requirements of this

Ordinance
L.N. 77 of 1999 19/03/1999



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.

Section: 43 Misnomer or inaccuracy not to affect operation of election

document
L.N. 77 of 1999 19/03/1999



(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 paper, ballot paper, notice or other document prepared for the
purposes of an election.

Section: 44 Election to be presumed to be valid 18 of 2011 15/07/2011


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)


Section: 45 Election not to be questioned only because of defect in the

appointment of an electoral officer
L.N. 77 of 1999 19/03/1999



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.

Section: 46 Returning Officer to publish result of election L.N. 77 of 1999 19/03/1999


(1) The Returning Officer for an election to return an elected member for a constituency must publish in the
Gazette a notice declaring that the candidate returned at the election is the elected member duly elected for the
constituency.

(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).

Section: 46A Candidate declared to be returned is presumed to be duly

elected
18 of 2011 15/07/2011



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)



Cap 547 - District Councils Ordinance 15


Section: 47 Offences by electoral officers with respect to conduct of

election
L.N. 77 of 1999 19/03/1999



(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.

Section: 48 Elector not to be required to disclose how vote was cast L.N. 77 of 1999 19/03/1999


(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.

Part:
Division:

V
4

Election Petitions L.N. 55 of 2000 03/03/2000





Section: 49 Election may be questioned only by election petition made
on specified grounds

L.N. 55 of 2000 03/03/2000



(1) An election to return an elected member may be questioned only on the following grounds-
(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 an elected
member at the election was not duly elected because-
(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 an elected member may be questioned only by an election petition lodged under
section 50.

(3) In this section-
"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);
"election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant

Returning Officer. (Replaced 10 of 2000 s. 47)

Section: 50 Who may lodge election petition L.N. 77 of 1999 19/03/1999


An election petition may be lodged-
(a) by 10 or more electors entitled to vote in the relevant constituency; or
(b) by a person claiming to have been a candidate in the relevant constituency.





Cap 547 - District Councils Ordinance 16

Section: 51 Who may be made respondent to election petition L.N. 77 of 1999 19/03/1999


Any person whose election is questioned by an election petition and the Returning Officer in respect of the
election may be made a respondent to the petition.

Section: 52 Court to have jurisdiction to determine election petitions L.N. 77 of 1999 19/03/1999


(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.

Section: 53 Period within which election petition and appeal must be

lodged*
18 of 2011 15/07/2011



(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)

________________________________________________________________________
Note:
* (Amended 18 of 2011 s. 17)

Section: 54 Court may direct security to be given for costs L.N. 77 of 1999 19/03/1999


(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 $20000, 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.

Section: 55 Court to determine election petition 18 of 2011 15/07/2011


(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 Returning Officer as to the validity of a nomination was correct and, if
not correct, determine whether the person declared by that Officer to have been elected in that election was or
was not duly elected.

(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



Cap 547 - District Councils Ordinance 17

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)


Section: 56 What happens if election petition is withdrawn L.N. 77 of 1999 19/03/1999


(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.

Section: 57 When an election petition is terminated L.N. 77 of 1999 19/03/1999


(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.




Cap 547 - District Councils Ordinance 18

Section: 58 When respondent can withdraw from election petition
proceedings and be substituted

L.N. 77 of 1999 19/03/1999



(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.

Section: 58A Court's determination of election petition suspended

before deadline of appeal
18 of 2011 15/07/2011



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)

Section: 58B Court of Final Appeal's determination 18 of 2011 15/07/2011


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 Returning Officer as to the validity of the relevant nomination was
correct; and

(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)

Section: 59 Acts of person not invalid if determined not duly elected* 18 of 2011 15/07/2011


If the Court or the Court of Final Appeal determines that a person who was originally declared to have been duly
elected as an elected member was not duly elected as an elected member, the determination does not invalidate acts
purporting to have been done by the person as an elected 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)
_________________________________________________________________________
Note:
* (Replaced 18 of 2011 s. 20)

Section: 60 What is to happen if an elected member is determined not

to have been duly elected
18 of 2011 15/07/2011



(1) If, on the hearing of an election petition, the Court determines that a person who was declared under section 46



Cap 547 - District Councils Ordinance 19

as duly elected as an elected member was not duly elected as an elected member— (Amended 18 of 2011 s. 21)
(a) subject to subsection (1A) and section 58A, that person ceases to be an elected member; and
(b) subject to subsection (2), that person’s office as an elected 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 an elected member
was not duly elected as an elected 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 an elected 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 an elected

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 an elected 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 an elected member was
not duly elected as an elected member—
(a) that person ceases to be an elected member; and
(b) subject to subsection (4), that person’s office as an elected 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 an elected member in place of a person that the Court of
Final Appeal has determined not to have been duly elected as an elected member, the first-mentioned person
becomes an elected 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 an elected member
was not duly elected as an elected 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—
(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 an elected 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 an elected 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)

Part: VA FINANCIAL ASSISTANCE FOR CANDIDATES IN

RESPECT OF ELECTION EXPENSES
L.N. 81 of 2007 01/09/2007



(Part VA added 1 of 2007 s. 6)

Section: 60A Interpretation: Part VA 18 of 2011 15/07/2011


(1) In this Part—
“auditor” (核數師) means a certified public accountant (practising) as defined in the Professional Accountants

Ordinance (Cap 50);
“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);
“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



Cap 547 - District Councils Ordinance 20

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 Returning Officer under section 40(2) that the candidate is disqualified from being elected;
“elected as an elected member” (當選為民選議員), 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; (Amended 18 of 2011 s. 22)

(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 Returning Officer under section 40(2) that he or she is disqualified from being
elected; or

(c) a candidate who becomes an elected member under section 60(2);
“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.

(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 the purposes of section 60D(2)(a), the number of registered electors for a constituency is the number of
electors registered for that constituency 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) which is in force at
the time the election is held.

(Added 1 of 2007 s. 6)

Section: 60B Financial assistance payable to candidates L.N. 81 of 2007 01/09/2007


(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).

(Added 1 of 2007 s. 6)

Section: 60C Eligibility for financial assistance L.N. 81 of 2007 01/09/2007


A candidate for a constituency is eligible for financial assistance only if he is—
(a) a candidate who is elected as an elected member; or
(b) a candidate who is not elected as an elected member but who—

(i) is not a disqualified candidate; and
(ii) obtains at least 5% of the total number of valid votes cast in the constituency concerned.

(Added 1 of 2007 s. 6)




Cap 547 - District Councils Ordinance 21

Section: 60D Amount payable as financial assistance 18 of 2011 01/09/2011


(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 registered electors for the constituency 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)
(Added 1 of 2007 s. 6)


Section: 60E Entitlement to financial assistance not affected by failure

of election, but financial assistance not payable if election
proceedings are terminated

L.N. 81 of 2007 01/09/2007



(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) If the proceedings for an election are terminated under section 40(1), financial assistance is not payable in
respect of that election.

(Added 1 of 2007 s. 6)

Section: 60F Financial assistance to be paid out of general revenue L.N. 81 of 2007 01/09/2007


An amount payable as financial assistance under this Part is a charge on, and is to be met from, the general
revenue.

(Added 1 of 2007 s. 6)

Section: 60G Recovery of payment of financial assistance L.N. 81 of 2007 01/09/2007


(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.

(Added 1 of 2007 s. 6)




Cap 547 - District Councils Ordinance 22

Section: 60H How financial assistance is to be claimed and paid L.N. 81 of 2007 01/09/2007


(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.

(Added 1 of 2007 s. 6)

Section: 60I Financial assistance not to be paid until disposal of election

petition
L.N. 81 of 2007 01/09/2007



(1) The Chief Electoral Officer must not make any payment of financial assistance during the period specified
in section 53 for lodging an election petition, but may receive or process a claim during that period.

(2) If an election petition relating to an election for a constituency is lodged, the Chief Electoral Officer must
not make any payment of financial assistance to any candidate for that constituency until the determination,
abandonment or termination of the petition under Division 4 of Part V.

(3) In this section, a reference to the abandonment of an election petition includes a reference to withdrawing or
ceasing to prosecute an election petition.

(Added 1 of 2007 s. 6)

Part: VI FUNCTIONS, CHAIRMAN AND VICE CHAIRMAN

AND PROCEDURE OF A DISTRICT COUNCIL
L.N. 77 of 1999 19/03/1999





Part:
Division:

VI
1

Functions of a District Council L.N. 77 of 1999 19/03/1999





Section: 61 Functions of a District Council L.N. 77 of 1999 19/03/1999


The functions of a District Council are-
(a) to advise the Government-

(i) on matters affecting the well-being of the people in the District; and
(ii) on the provision and use of public facilities and services within the District; and
(iii) on the adequacy and priorities of Government programmes for the District; and
(iv) on the use of public funds allocated to the District for local public works and community

activities; and
(b) where funds are made available for the purpose, to undertake-



Cap 547 - District Councils Ordinance 23

(i) environmental improvements within the District;
(ii) the promotion of recreational and cultural activities within the District; and
(iii) community activities within the District.


Part:
Division:

VI
2

Chairman and Vice Chairman of a District Council L.N. 77 of 1999 19/03/1999





Section: 62 Election of first Chairman and Vice Chairman L.N. 77 of 1999 19/03/1999


(1) A District Council is to elect a Chairman and a Vice Chairman from amongst its members at the first
meeting of the Council held after each ordinary election.

(2) The first meeting referred to in subsection (1) must be held within the period of 30 days after the term of
office of the members elected at the ordinary election begins.

(3) Subject to subsection (2), the District Officer must decide the time, date and place of the first meeting and
notify the members.

(4) The District Officer must preside at the first meeting of a District Council until the Chairman and Vice
Chairman are elected.

(5) Subject to section 64(1), the Chairman and Vice Chairman are to hold office as long as they are members of
the Council.

(6) A person cannot hold office as the Chairman and Vice Chairman at the same time.
(7) In this section, "first meeting" (首次會議) means the meeting to be held under subsections (1) and (2).


Section: 63 Resignation of Chairman or Vice Chairman L.N. 77 of 1999 19/03/1999


(1) The Chairman or Vice Chairman may at any time resign from his or her office as such by giving written
notice of resignation to the District Officer.

(2) A notice of resignation is not effective unless it is signed by the Chairman or Vice Chairman concerned, as
the case may be.

(3) A notice of resignation takes effect-
(a) on the date on which the notice is received by the District Officer; or
(b) if a later date is specified in the notice, on that later date.


Section: 64 When office of Chairman or Vice Chairman becomes

vacant
L.N. 77 of 1999 19/03/1999



(1) If the Chairman or Vice Chairman dies or resigns or the member holding office as the Chairman or Vice
Chairman ceases to be a member, the office of the Chairman or Vice Chairman, as the case may be, becomes vacant.

(2) If the office of Chairman or Vice Chairman becomes vacant, the members must elect a Chairman or Vice
Chairman, as the case may be, from amongst themselves at the first meeting of the District Council after the office
becomes vacant.

(3) If the office of Chairman and Vice Chairman both become vacant, the District Officer must preside at the
meeting held for the purpose of electing the Chairman and Vice Chairman, until the Chairman and Vice Chairman are
elected.

(4) If the office of Chairman becomes vacant, and the Vice Chairman is nominated for the office of Chairman,
the District Officer must preside at the meeting held for the purpose of electing the Chairman.

Section: 65 Election of Chairman or Vice Chairman to be in

accordance with Schedule 5
L.N. 77 of 1999 19/03/1999



The election of Chairman and Vice Chairman must be held in accordance with the procedure set out in Schedule
5.




Cap 547 - District Councils Ordinance 24

Section: 66 Duties of Chairman and Vice Chairman L.N. 77 of 1999 19/03/1999


(1) The Chairman is to preside at meetings of the District Council.
(2) The Vice Chairman is to perform the duties of the Chairman (including presiding at meetings) if the

Chairman is unable to act, is absent or if the office of the Chairman becomes vacant.
(3) If both the Chairman and Vice Chairman are absent from a meeting, the members present are to elect a

member from amongst themselves to preside at the meeting.

Section: 67 Chairman or other person presiding to have a casting vote L.N. 77 of 1999 19/03/1999


(1) Subject to subsection (2), at a meeting of a District Council, the Chairman, or other member presiding under
section 66(2) or (3) is to have an original vote and a casting vote if the votes are equal.

(2) A member presiding at a meeting for the purpose of electing a Chairman or Vice Chairman does not have a
casting vote.

Part:
Division:

VI
3

Procedure of a District Council L.N. 77 of 1999 19/03/1999





Section: 68 District Council may make standing orders L.N. 77 of 1999 19/03/1999


(1) A District Council may make standing orders for regulating its procedure and that of its committees.
(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) A District Council must, in its standing orders, provide for the quorum of the committees appointed by it.

Section: 69 District Council may appoint secretary L.N. 77 of 1999 19/03/1999


(1) For the purpose of carrying out its functions, a District Council may appoint a public officer to act as the
secretary of that District Council.

(2) A District Council may determine the duties of the person appointed as secretary under subsection (1).

Section: 70 Quorum of a District Council L.N. 77 of 1999 19/03/1999


The quorum of a District Council is not less than half the members of the Council holding office for the time
being.

Section: 71 District Council may appoint committees L.N. 77 of 1999 19/03/1999


(1) For the purpose of carrying out its functions, a District Council may appoint committees in accordance with
this section.

(2) A District Council may appoint to a committee any person who is not a member if the person satisfies the
qualifications set out in section 20(1).

(3) A committee of a District Council is to elect 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.




Cap 547 - District Councils Ordinance 25

Section: 72 Proceedings of a District Council or a committee not
affected by vacancy or defect in membership

3 of 2013 01/01/2016



(1) A vacancy in the membership of a District Council does not affect its power to transact business.
(2) The validity of proceedings of a District Council are not affected by-

(a) a vacancy in the membership of the District Council;
(b) a defect in the election of a member; (Amended 3 of 2013 s. 10)
(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) a vacancy in the membership of a District Council includes a vacancy in its membership when it first

meets after an ordinary election; and
(b) a defect in the eligibility of a person to be an ex officio member includes failure to swear acceptance of

office. (Amended 3 of 2013 s. 10)

Part: VII FUNCTIONS AND DUTIES OF OFFICERS UNDER

THIS ORDINANCE
L.N. 77 of 1999 19/03/1999





Section: 73 Functions and duties of Electoral Registration Officer and
assistants

L.N. 77 of 1999 19/03/1999



(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.

Section: 74 Electoral Registration Officer may specify forms L.N. 77 of 1999 19/03/1999


The Electoral Registration Officer may specify the form of any application, notice, return, record or other
document required for the purposes of Part V.

Section: 75 Appointment of Returning Officers and assistants L.N. 77 of 1999 19/03/1999


(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



Cap 547 - District Councils Ordinance 26

payable from, the general revenue.

Section: 76 Offence to obstruct or hinder electoral officer L.N. 77 of 1999 19/03/1999


A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer 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 2

Section: 77 Chief Executive may give directions as to exercise or

performance of electoral officers' functions and duties
L.N. 77 of 1999 19/03/1999



(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.

Section: 78 Death or incapacity of electoral officer not to terminate

authority
L.N. 77 of 1999 19/03/1999



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 L.N. 77 of 1999 19/03/1999




Section: 79 Proceedings against persons on grounds of disqualification L.N. 77 of 1999 19/03/1999


(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) Proceedings under this section may not be brought after 6 months from the date on which the person
concerned acted or claimed to be entitled to act as a member.

(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

$5000 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.

(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.


Section: 80 Period within which complaint or information is to be laid L.N. 77 of 1999 19/03/1999


Except as otherwise provided by this Ordinance, a complaint or information alleging the commission of an



Cap 547 - District Councils Ordinance 27

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 4, 5 or 7*
E.R. 2 of 2014 10/04/2014



(#Format changes—E.R. 2 of 2014)
____________________________________________________________________________
Note:
* (Amended L.N. 28 of 2013)
# The format of Part IX has been updated to the current legislative styles.

Section: 81 Chief Executive in Council may make regulations E.R. 2 of 2014 10/04/2014


(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 paper for a candidate; and
(b) the amount that a candidate is required to lodge as a deposit at an election; and
(c) the forfeiture of the deposit if the candidate fails to obtain a prescribed proportion of the votes cast at the

election and for the return of the deposit if the candidate obtains that proportion of votes at the election.
(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.


Section: 82 Chief Executive in Council may amend Schedule 4, 5 or 7* E.R. 2 of 2014 10/04/2014


The Chief Executive in Council may, by order published in the Gazette, amend Schedule 4,5 or 7.
(Amended 1 of 2007 s. 7)

________________________________________________________
Note:
* (Amended 1 of 2007 s. 7)

Part: X Miscellaneous E.R. 2 of 2014 10/04/2014


(*Format changes—E.R. 2 of 2014)
____________________________________________________________________________
Note:
* The format of Part X has been updated to the current legislative styles.

Section: 83 Designated Officer to give notice of membership 3 of 2013 01/01/2016


The Designated Officer must, within 21 days after receiving notices of acceptance lodged under section 17(1), publish
in the Gazette the names of persons who have become ex officio members and their terms of office.

(Amended 3 of 2013 s. 11)

Section: 84 Designated Officer to give notice of vacancy 3 of 2013 01/01/2016


If a vacancy arises in the membership of 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)




Cap 547 - District Councils Ordinance 28

Section: 85 Directions by Chief Executive to a District Council E.R. 2 of 2014 10/04/2014


(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).

Section: 86 Protection of members E.R. 2 of 2014 10/04/2014


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.

Section: 87 Transitional: application of section 28 to first ordinary

election
E.R. 2 of 2014 10/04/2014



In relation to the first ordinary election to be held under this Ordinance, section 28 is to have effect as if Provisional
District Board and Provisional District Boards were substituted for District Council and District Councils
respectively.

Part: XI (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 88 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Section: 89 (Omitted as spent—E.R. 2 of 2014) E.R. 2 of 2014 10/04/2014




Schedule: 1 Number of and Declaration of Districts L.N. 12 of 2014 01/01/2016


[sections 3 & 8]


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 and Western 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 City District That area delineated and edged grey on the map numbered
DC/2000/G and deposited in the office of the Designated Officer.

4. Kwun Tong District 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 Po District That area delineated and edged grey on the map numbered
DC/2006/F and deposited in the office of the Designated Officer.



Cap 547 - District Councils Ordinance 29

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 Sin District 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 Mong District 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 Tsing District 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 Wan District That area delineated and edged grey on the map numbered
DC/2000/K and deposited in the office of the Designated Officer.

17. Tuen Mun District That area delineated and edged grey on the map numbered
DC/2000/L and deposited in the office of the Designated Officer.

18. Yuen Long District 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)
(Format changes—E.R. 2 of 2014)


Schedule: 2 Establishment of District Councils E.R. 2 of 2014 10/04/2014


[sections 4 & 8]



Item


Name of District

Name of
District Council



Date of
establishment

1. Central and Western District Central and Western District Council 1 January 2000
2. Eastern District Eastern District Council 1 January 2000
3. Kowloon City District Kowloon City District Council 1 January 2000
4. Kwun Tong District Kwun Tong District Council 1 January 2000
5. Sham Shui Po District Sham Shui Po District Council 1 January 2000
6. Southern District Southern District Council 1 January 2000
7. Wan Chai District Wan Chai District Council 1 January 2000
8. Wong Tai Sin District Wong Tai Sin District Council 1 January 2000
9. Yau Tsim Mong District Yau Tsim Mong District Council 1 January 2000

10. Islands District Islands District Council 1 January 2000
11. Kwai Tsing District Kwai Tsing District Council 1 January 2000
12. North District North District Council 1 January 2000
13. Sai Kung District Sai Kung District Council 1 January 2000
14. Sha Tin District Sha Tin District Council 1 January 2000
15. Tai Po District Tai Po District Council 1 January 2000



Cap 547 - District Councils Ordinance 30

16. Tsuen Wan District Tsuen Wan District Council 1 January 2000
17. Tuen Mun District Tuen Mun District Council 1 January 2000
18. Yuen Long District Yuen Long District Council 1 January 2000

(Format changes—E.R. 2 of 2014)

Schedule: 3 3 of 2013; L.N.

181 of 2013; L.N.
12 of 2014

01/01/2016



[sections 5, 8 & 9]
(Amended 3 of 2013 s. 13)


Part 1


Number of Elected Members

(Amended 3 of 2013 s. 13)





Item




District Council

Number of
elected members

1. Central and Western District Council 15
2. Eastern District Council 35
3. Kowloon City District Council 24
4. Kwun Tong District Council 37
5. Sham Shui Po District Council 23
6. Southern District Council 17
7. Wan Chai District Council 13
8. Wong Tai Sin District Council 25
9. Yau Tsim Mong District Council 19

10. Islands District Council 10
11. Kwai Tsing District Council 29
12. North District Council 18
13. Sai Kung District Council 27
14. Sha Tin District Council 38
15. Tai Po District Council 19
16. Tsuen Wan District Council 18
17. Tuen Mun District Council 29
18. Yuen Long District Council 35

(Amended 33 of 2002 s. 10; L.N. 139 of 2006; L.N. 161 of 2010; L.N. 181 of 2013; L.N. 12 of 2014; 3 of 2013
s. 13; L.N. 181 of 2013; L.N. 12 of 2014)


Part 2


Rural Committees in Districts





Item




District


District Council

Number of Rural
Committees




Names of Rural

Committees
1. Islands

District
Islands District
Council

8 Cheung Chau Rural Committee
Lamma Island (North) Rural Committee
Lamma Island (South) Rural Committee
Mui Wo Rural Committee
Peng Chau Rural Committee
South Lantao Rural Committee
Tai O Rural Committee



Cap 547 - District Councils Ordinance 31

Tung Chung Rural Committee
2. Kwai Tsing

District
Kwai Tsing
District Council

1 Tsing Yi Rural Committee

3. North District North District
Council

4 Fanling District Rural Committee
Sha Tau Kok District Rural Committee
Sheung Shui District Rural Committee
Ta Kwu Ling District Rural Committee

4. Sai Kung
District

Sai Kung
District Council

2 Hang Hau Rural Committee
Sai Kung Rural Committee

5. Sha Tin
District

Sha Tin District
Council

1 Sha Tin Rural Committee

6. Tai Po District Tai Po District
Council

2 Sai Kung North Rural Committee
Tai Po Rural Committee

7. Tsuen Wan
District

Tsuen Wan
District Council

2 Ma Wan Rural Committee
Tsuen Wan Rural Committee

8. Tuen Mun
District

Tuen Mun
District Council

1 Tuen Mun Rural Committee

9. Yuen Long
District

Yuen Long
District Council

6 Ha Tsuen Rural Committee
Kam Tin Rural Committee
Pat Heung Rural Committee
Ping Shan Rural Committee
San Tin Rural Committee
Shap Pat Heung Rural Committee

(Amended E.R. 2 of 2012)
(Format changes—E.R. 1 of 2012)


Schedule: 4 FORMS FOR ACCEPTANCE OF OFFICE 3 of 2013 01/01/2016


[sections 17 & 82]
(Amended 3 of 2013 s. 14)


FORM 1


(Repealed 3 of 2013 s. 14)


FORM 2


DISTRICT COUNCILS ORDINANCE (Cap 547)


ACCEPTANCE OF OFFICE UNDER

SECTION 17(1)

I, * ............................................................................................................................,
of * ......................................................................................................................................
**affirm/swear that-

(a) I take the office as an ex officio member of the * ................................District
Council upon myself and will duly and faithfully fulfill the duties of the office according to the best of my

ability;
(b) I will uphold the Basic Law;
(c) my allegiance is to the Hong Kong Special Administrative Region of the People's Republic of China;

and
(d) to the best of my knowledge and belief I am not disqualified from holding office as an ex officio

member by virtue of section 19 of the District Councils Ordinance.

**Affirmed/sworn this *............... day of *..............................



Cap 547 - District Councils Ordinance 32


(Signature) ..................................


This acceptance was **affirmed/sworn and signed before me, a **Magistrate/Commissioner for Oaths.


(Signature) ..................................
* Complete as appropriate.
** Delete whichever is inapplicable.

Schedule: 5 VOTING PROCEDURE UNDER SECTION 65 OF THIS

ORDINANCE
L.N. 77 of 1999 19/03/1999



[sections 65 & 82]

1. The election of Chairman and Vice Chairman is to be conducted by one or more secret ballots held amongst
those present and entitled to vote at the election and according to this Schedule.

2. Nominations must be in writing. A member must be nominated by at least one other member and the
nomination must be subscribed by at least 2 other members (not including the member nominating the candidate).

3. Nominations may be given at any time up to the time when the person presiding at the meeting calls for the
closing of nominations. The nominated person must indicate the person's consent to the nomination and acceptance, if
elected, of the office to which the person is nominated.

4. If the office of Chairman and Vice Chairman are both vacant, the same person can be nominated and consent to
nomination for both offices. If the same person is so nominated, the election of the Chairman is to take place first and
then the election of the Vice Chairman. If a person nominated for both offices, is elected the Chairman, that person is
taken to have withdrawn from the election of Vice Chairman when the result of the first election is declared.

5. Subject to section 6, if only one candidate is nominated for the office of Chairman, the candidate is treated as
having been elected Chairman. If only one candidate is nominated for the office of Vice Chairman, the candidate is
treated as having been elected Vice Chairman.

6. If the same person is nominated for the office of Chairman and Vice Chairman and no other person is nominated
for either of the offices, that person is to be treated as having been elected Chairman.

7. A candidate who receives an absolute majority of votes is elected.

8. If there are 2 or more candidates for the office of Chairman (either initially or after elimination ballots) and each
receives an equal number of votes, a further ballot is to be held.

9. If there are 2 or more candidates for the office of Vice Chairman (either initially or after elimination ballots) and
each receives an equal number of votes, a further ballot is to be held.

10. If, either in relation to the election of Chairman or to the election of Vice Chairman, a further ballot is held
under section 8 or 9 and the candidates for the Chairman or Vice Chairman, as the case may be, receive an equal
number of votes, the candidates draw lots to determine which candidate is elected for the office of Chairman or Vice
Chairman, as the case may be.

11. If there are 2 or more candidates for the office of Chairman and no candidate receives an absolute majority of
votes-

(a) the candidate who receives the least number of votes retires following which a further ballot is held for
the remaining candidates;

(b) if 2 or more candidates receive an equal number of votes and that number is the least number of votes
for a candidate, a separate ballot is held for those candidates, and the candidate who receives the least



Cap 547 - District Councils Ordinance 33

number of votes retires following which a further ballot is held for the remaining candidates.

12. If there are 2 or more candidates for the office of Vice Chairman and no candidate receives an absolute majority
of votes-

(a) the candidate who receives the least number of votes retires following which a further ballot is held for
the remaining candidates;

(b) if 2 or more candidates receive an equal number of votes and that number is the least number of votes
for a candidate, a separate ballot is held for those candidates, and the candidate who receives the least
number of votes retires following which a further ballot is held for the remaining candidates.


13. If a separate ballot is held under section 11(b) or 12(b), and in either case the same candidates receive an equal
number of votes, the candidates for the relevant office draw lots to determine who retires following which a further
ballot is held for the remaining candidates.

14. In this Schedule, "an absolute majority of votes" (絕對多數票) means that the candidate receives more than
half of the valid votes cast excluding abstentions.

Schedule: 6 (Omitted as spent) 8 of 1999 01/01/2000




Schedule: 7 Financial Assistance: Specified Rate L.N. 49 of 2015 08/05/2015


[sections 60A & 82]


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 2015—

$12; or
(b) for an election of a member for any subsequent term of office of a District Council—$14.

(Schedule 7 added 1 of 2007 s. 8. Amended 18 of 2011 s. 40; L.N. 49 of 2015)
(Format changes—E.R. 2 of 2014)

Related Laws