Cap. 542 - Legislative Council Ordinance

An Ordinance to provide for the constitution, convening and dissolution of the Legislative Council of the Hong Kong Special Administrative Region; to provide for the election of Members of that Council; and to provide for related matters. [3 October 1997] (Enacting provision omitted—E.R. 2 of 2012) (Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. Short title This Ordinance may be cited as the Legislative Council Ordinance. 2. Purpose of Ordinance The purpose of this Ordinance is to give effect to the provisions of the Basic Law relating to the Legislative Council. 3. Interpretation (1) In this Ordinance, unless the context otherwise requires—authorized representative (獲授權代表), in relation to a corporate elector, means the person authorized by the corporate elector to cast its vote at an election;body (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest;by-election (補選) means an election to return a Member or Members otherwise than at a general election;candidate (候選人) means a candidate nominated for election as a Member;Candidate Eligibility Review Committee (候選人資格審查委員會) means the Candidate Eligibility Review Committee established under section 9A of the Chief Executive Election Ordinance (Cap. 569); (Added 14 of 2021 s. 269)Clerk to the Legislative Council (立法會秘書) includes any person appointed to act in place of the Clerk when the Clerk is absent or when the office of Clerk is vacant; constituency (選區或選舉界別) means— (a) a geographical constituency; (b) a functional constituency; or (c) the Election Committee constituency; (Amended 14 of 2021 s. 269) corporate elector (團體選民) means a body that is an elector for a functional constituency;corporate member (團體成員), in relation to a body specified in sections 20B, 20N, 20O, 20P, 20Q, 20QA, 20R, 20S, 20U, 20V, 20W, 20X and 20Y, means a body that is a member of the specified body; (Amended 48 of 1999 s. 2; 14 of 2021 s. 269)costs (費用、訟費) includes charges and expenses;Court (原訟法庭) means the Court of First Instance;election (選舉) means an election to elect a Member at a general election or a by-election to elect a Member; (Amended 21 of 2001 s. 62)Election Committee (選舉委員會) means the Election Committee constituted under section 8(1) of the Chief Executive Election Ordinance (Cap. 569); (Added 14 of 2021 s. 269)Election Committee constituency (選舉委員會界別) means the Election Committee constituency established under section 21A; (Added 14 of 2021 s. 269)election petition (選舉呈請、選舉呈請書) means an election petition lodged under Part 7;elector (選民) means— (Amended 14 of 2021 s. 269)(a) in relation to an election for a geographical constituency or functional constituency—a person who is registered in accordance with this Ordinance in a final register and who is not disqualified from being registered or from voting at the election; or(b) in relation to an election for the Election Committee constituency—a person who is a member of the Election Committee and who is not disqualified from being registered as such a member or from voting at the election; (Replaced 25 of 2003 s. 2. Amended 14 of 2021 s. 269)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) means the person holding office as Electoral Registration Officer under section 75, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office is vacant; final register (正式選民登記冊) means— (a) a final register of electors for geographical constituencies or functional constituencies, (Amended E.R. 5 of 2019) (b) (Repealed 21 of 2001 s. 62) as compiled and published in accordance with this Ordinance; function (職能) includes a power and an authority;functional constituency (功能界別) means a functional constituency specified in section 20(1); (Amended 48 of 1999 s. 2)general election (換屆選舉) means elections to elect persons to be the Members for a new term of office of the Legislative Council;geographical constituency (地方選區) means an area declared to be a geographical constituency in accordance with Part 3; identity document (身分證明文件) means— (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177); or (b) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (Replaced 1 of 2019 s. 74) (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person’s identity; Legislative Council (立法會) means the Legislative Council of the Hong Kong Special Administrative Region referred to in Article 66 of the Basic Law;Member (議員) means a person elected as a Member of the Legislative Council;member of the Election Committee (選舉委員) has the meaning given by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); (Added 14 of 2021 s. 269)officer (高級人員), in relation to a body corporate, includes a director or executive, or any other person concerned in the management, of the body;permanent resident of Hong Kong (香港永久性居民) means a permanent resident of the Hong Kong Special Administrative Region as defined by section 2 of the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539);President (主席) means the President of the Legislative Council;provisional register (臨時選民登記冊) means a provisional register of electors for geographical constituencies or functional constituencies as compiled in accordance with this Ordinance;registered (登記) means registered under this Ordinance as an elector;Returning Officer (選舉主任) means a person holding office as a Returning Officer under section 78, 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;Revising Officer (審裁官) means a Revising Officer appointed under section 77, and includes any person appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is vacant;specified form (指明表格) means a form specified under section 76;term of office (任期), in relation to the Legislative Council, means a term of office referred to in section 4; (Amended E.R. 5 of 2019)the regulations (《規例》) means regulations made and in force under this Ordinance. (Amended E.R. 5 of 2019)(Amended 10 of 2000 s. 47; 25 of 2003 s. 2; E.R. 5 of 2019; 14 of 2021 s. 269)(2) For the purposes of this Ordinance—(a) the circumstances in which a person has a substantial connection with a body include, but are not limited to, being a member, partner, officer or employee of the body; and(b) the circumstances in which a person has a substantial connection with a functional constituency include, but are not limited to—(i) being a member, partner, officer or employee of a corporate elector of the constituency or a corporate member of such a corporate elector; or(ii) belonging to a class of persons specified as being electors of the constituency. (Amended 48 of 1999 s. 2; 21 of 2001 s. 62)(c) (Repealed 21 of 2001 s. 62)(2A)-(2B) (Repealed 14 of 2021 s. 269)(3) Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62)(4) A note located in the text of this Ordinance is provided for information only and has no legislative effect.(Amended E.R. 2 of 2012) Editorial Note: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. 3AA. References to entitlement to vote at general meeting of or specified authority within body (1) For the purposes of this Ordinance—(a) a reference to an entitlement to vote at a general meeting of a body is a reference to an entitlement to vote at the general meeting as provided by the body’s constitution; and(b) a reference to an entitlement to vote at the specified authority within a body is a reference to an entitlement to vote at that authority as provided by the body’s constitution.(2) In subsection (1), the reference to the constitution of a body is a reference to the constitution either—(a) as in force at the commencement for any purpose of the provision (including a former provision) in this Ordinance that first specifies the body for the purpose of the composition of any functional constituency (including a functional constituency provided under such a former provision); or(b) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to any of the following matters, has been approved in writing by the Secretary for Constitutional and Mainland Affairs—(i) the objects of the body;(ii) the criteria and conditions of—(A) membership of the body; or(B) membership of the specified authority within the body;(iii) the eligibility of—(A) members of the body to vote at a general meeting of the body; or(B) members of the specified authority within the body to vote at that authority.(3) For the purposes of subsection (1)(b)—(a) a body (first-mentioned body) is also regarded as being entitled to vote at the specified authority within another body if a natural person who is entitled to vote at that authority—(i) specifies in writing to the Electoral Registration Officer that the natural person represents the first-mentioned body at that authority; and(ii) has substantial connection with the first-mentioned body; and(b) if more than one body is specified by the same natural person under paragraph (a)(i) in respect of the specified authority within any other body, only the body last so specified is regarded as being entitled to vote at that authority.(4) To avoid doubt, nothing in subsection (2) is to be construed as—(a) creating any restriction on a body regarding any amendment to, or substitution of, the constitution of the body; or(b) conferring on the Secretary for Constitutional and Mainland Affairs a power to approve such an amendment or substitution,for a purpose other than to define the composition of the relevant functional constituency.(5) In this section—constitution (章程), in relation to a body, includes any articles of association or rules of the body;former provision (原有條文) means a provision that is no longer in force;specified authority (指明單位), in relation to a body, means any authority within the body (other than a general meeting) the entitlement to vote at which is mentioned in a provision in Division 2 of Part 3 that provides for the composition of a functional constituency.(Added 14 of 2021 s. 270) 3A. Effect of inclement weather warning on date (1) In this section—gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62);inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during the ordinary business hours of the office of the Electoral Registration Officer;rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62);working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday.(2) If—(a) the Electoral Registration Officer is required by section 32 to do an act not later than a date; and(b) the date falls on an inclement weather warning day, that section has effect in relation to the act as if it requires the Officer to do the act not later than the next working day, which is not an inclement weather warning day, following the date.(Added 12 of 2014 s. 17) 3B. No legal proceedings may be instituted in respect of certain decisions made by Candidate Eligibility Review Committee According to Annex II to the Basic Law, no legal proceedings may be instituted in respect of a decision made by the Candidate Eligibility Review Committee on the eligibility of a candidate for membership of the Legislative Council pursuant to the opinion of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region.(Added 14 of 2021 s. 271) Part 2 Constitution and Membership of Legislative Council 4. Terms of office of Legislative Council (1) The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law.(2) (Repealed 48 of 1999 s. 3)(3) Subject to subsection (4), each term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council. The Chief Executive in Council must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 3)(4) If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified.(5) A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared.(6) The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends. 5. (Repealed 48 of 1999 s. 4) 6. Chief Executive to specify dates for holding general elections (1) The Chief Executive must specify a date for holding a general election to elect the Members for each term of office of the Legislative Council. The Chief Executive must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 5)(2) 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 Legislative Council is to begin.(3) To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation.(4) If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must specify the date from which that Council stands prorogued. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 5) 7. Chief Executive to specify date for general election on dissolution of Legislative Council (1) Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must specify a date for holding a general election. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 6)(2) The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved. 8. Different dates may be specified for different classes of elections (1) Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each of the following classes of Members— (Amended 25 of 2003 s. 3; 14 of 2021 s. 272)(a) the Members to be returned for geographical constituencies;(b) the Members to be returned for functional constituencies; and(c) the Members to be returned for the Election Committee constituency. (Amended 14 of 2021 s. 272)(2) The dates specified under subsection (1) must not be more than 7 days apart. (Added 14 of 2021 s. 272) 9. Chief Executive to convene ordinary sessions of Legislative Council (1) The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year. (Amended 48 of 1999 s. 7)(2) The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end.(3) An ordinary session begun in one calendar year may be continued in the next calendar year.(4) The consideration of any bill or other business of the Legislative Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Legislative Council. 10. First meeting of each term of office of Legislative Council (1) The Chief Executive must specify a date and time for holding the first meeting of each term of office of the Legislative Council. The Chief Executive must give notice of that date and time in the Gazette. (Replaced 48 of 1999 s. 8)(2) The date and time specified in the notice must be within 14 days after the relevant term of office of the Legislative Council begins. (Amended 48 of 1999 s. 8)(3)-(5) (Repealed 48 of 1999 s. 8) 11. Emergency sessions of Legislative Council (1) The President must, at the request of the Chief Executive, convene an emergency session of the Legislative Council during the period after the end of the term of office or the dissolution of the Legislative Council but, before the date (if more than one, the first date), specified for the holding of a general election for all the Members of the Legislative Council.(2) For and only for the purpose of subsection (1), the persons holding office as Members of the Legislative Council during the term of office of the Legislative Council which immediately precedes the beginning of the emergency session shall be deemed to be Members of the Legislative Council. 12. How long Members are to hold office (1) Subject to sections 13 and 15, a person returned as a Member at a general election holds office from the beginning of the term of office of the Legislative Council next following the election and vacates office at the end of the term.(2) Subject to sections 13 and 15, a person who is declared to be returned as a Member at a by-election holds office from the date on which the result of the by-election was declared and vacates office at the end of the term of office of the Legislative Council during which the by-election was held. 13. Acceptance of office as a Member (1) A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 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 Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date.(4) If a person gives notice in accordance with this section, the Clerk to the Legislative Council 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. (Amended 48 of 1999 s. 9) 14. How Member can resign (1) A Member may, at any time, resign from office as a Member by giving written notice of resignation to the Clerk to the Legislative Council.(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 Clerk to the Legislative Council; or(b) if a later date is specified in the notice, on that later date. 15. When Member ceases to hold office (1) A Member’s office becomes vacant if the Member—(a) resigns in accordance with section 14 or is taken to have resigned from that office in accordance with section 13; or(b) dies; or(c) subject to subsection (2), alters either the Member’s nationality or the fact as to whether the Member has a right of abode in a country other than the People’s Republic of China as declared under section 40(1)(b)(ii); or(d) is the President and has been 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 (Replaced 25 of 2003 s. 4)(e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office; or (Amended 13 of 2021 s. 17)(f) is in breach of an oath taken under section 19 of the Oaths and Declarations Ordinance (Cap. 11); or (Added 13 of 2021 s. 17)(g) fails, or is declared or decided in accordance with any law to have failed, to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Added 13 of 2021 s. 17)(1AA) Paragraph (g) of subsection (1) applies to a declaration or decision made after the person is elected as a Member, whether or not it is made before, on or after the date* on which that paragraph comes into operation. (Added 13 of 2021 s. 17)(1A) A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap. 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Added 25 of 2003 s. 4)(2) Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People’s Republic of China and subsequently he or she—(a) acquires a nationality other than Chinese nationality; or(b) acquires a right of abode in a country other than the People’s Republic of China.(3) For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii). Note: Article 79 of the Basic Law provides as follows: The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council; (3) When he or she loses or renounces his or her status as a permanent resident of the Region; (4) When he or she accepts a government appointment and becomes a public servant; (5) When he or she is bankrupt or fails to comply with a court order to repay debts; (6) When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and (7) When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present. Editorial Note: * Operation date: 21 May 2021. 16. Member to be eligible for re-election A person who ceases to be a Member is, subject to section 39, eligible for re-election as a Member. 17. Proceedings of Legislative Council not affected by vacancy in membership etc. (Amended 13 of 2021 s. 18)(1) The power of the Legislative Council to transact business is not affected by—(a) a vacancy in the membership of the Legislative Council;(b) the suspension of a person’s functions and duties as a Member under section 73(2A); or (Replaced 13 of 2021 s. 18. Amended 27 of 2021 s. 11)(c) the suspension of a Member from the service of the Legislative Council under the Rules of Procedure of the Legislative Council for the time being in force (Rules of Procedure). (Added 27 of 2021 s. 11)(2) The validity of the proceedings of the Legislative Council is not affected by—(a) a vacancy in the membership of the Legislative Council;(b) the suspension of a person’s functions and duties as a Member under section 73(2A); (Amended 27 of 2021 s. 11)(ba) the suspension of a Member from the service of the Legislative Council under the Rules of Procedure; or (Added 27 of 2021 s. 11) (c) a defect in the election of a Member or as to the eligibility of a person to be a Member. (Replaced 13 of 2021 s. 18)(3) For the purposes of this section, a vacancy in the membership of the Legislative Council includes a vacancy in its membership when it first meets after a general election. Part 3 Establishment of Constituencies Division 1 Geographical Constituencies (Added 14 of 2021 s. 273) 18. Establishment of geographical constituencies (1) There are to be 10 geographical constituencies for the purpose of returning Members at elections for those constituencies. (Replaced 25 of 2003 s. 5. Amended 14 of 2021 s. 274)(2) The Chief Executive in Council may, by order published in the Gazette—(a) declare areas of Hong Kong to be geographical constituencies; and(b) give names to those constituencies.(3) When making an order under this section, 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 general election to which the order relates.(3A) For the seventh term of office of the Legislative Council—(a) the areas of Hong Kong that form the geographical constituencies and the names of those constituencies are specified in Schedule 6; and(b) no order is to be made under subsection (2). (Added 14 of 2021 s. 274)(4) If an order under this section, or Schedule 6, refers to a map that defines the area of a geographical constituency, 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. (Amended 14 of 2021 s. 274)(5) No charge is payable by a member of the public who wishes to inspect a copy of the map.(6) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a geographical constituency is conclusive evidence of the area of the constituency. 19. Number of Members to be returned for geographical constituency (1) At a general election, 20 Members are to be returned for all geographical constituencies.(2) The number of Members to be returned for each geographical constituency is 2. (Amended E.R. 3 of 2021)(Replaced 25 of 2003 s. 6. Amended 2 of 2011 s. 4; 14 of 2021 s. 275) Division 2 Functional Constituencies (Added 14 of 2021 s. 276) 20. Establishment of functional constituencies (1) The following functional constituencies are established for the purpose of returning Members at elections for those constituencies— (Amended 25 of 2003 s. 7)(a) the Heung Yee Kuk functional constituency;(b) the agriculture and fisheries functional constituency;(c) the insurance functional constituency;(d) the transport functional constituency;(e) the education functional constituency;(f) the legal functional constituency;(g) the accountancy functional constituency;(h)-(i) (Repealed 14 of 2021 s. 277)(ia) the medical and health services functional constituency; (Added 14 of 2021 s. 277)(j) the engineering functional constituency;(k) the architectural, surveying, planning and landscape functional constituency; (Amended 14 of 2015 s. 3)(l) the labour functional constituency;(m) the social welfare functional constituency;(n) the real estate and construction functional constituency;(o) the tourism functional constituency;(p) the commercial (first) functional constituency;(q) the commercial (second) functional constituency;(qa) the commercial (third) functional constituency; (Added 14 of 2021 s. 277)(r) the industrial (first) functional constituency;(s) the industrial (second) functional constituency;(t) the finance functional constituency;(u) the financial services functional constituency;(v) the sports, performing arts, culture and publication functional constituency;(w) the import and export functional constituency;(x) the textiles and garment functional constituency;(y) the wholesale and retail functional constituency;(z) the technology and innovation functional constituency;(za) the catering functional constituency;(zb)-(zc) (Repealed 14 of 2021 s. 277)(zd) the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency. (Added 14 of 2021 s. 277)(2) The functional constituencies are constituted as provided by sections 20A to 20ZD. (Amended 2 of 2011 s. 5) (Replaced 48 of 1999 s. 12. Amended 14 of 2021 s. 277) 20A. Composition of the Heung Yee Kuk functional constituency The Heung Yee Kuk functional constituency is composed of the Chairman and Vice-Chairmen of the Heung Yee Kuk and the Ex Officio, Special and Co-opted Councillors of the Full Council of the Kuk.(Added 48 of 1999 s. 13) 20B. Composition of the agriculture and fisheries functional constituency The agriculture and fisheries functional constituency is composed of—(a) corporate members of each of the following bodies—(i) The Federation of Vegetable Marketing Co-operative Societies, Limited; (Amended 10 of 2006 s. 33)(ii) The Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Limited; (Amended 10 of 2006 s. 33)(iii) The Joint Association of Hong Kong Fishermen;(iv) Federation of Hong Kong Aquaculture Associations; (v) The Federation of Fishermen’s Co-operative Societies of Shau Kei Wan District, Limited;(vi) The Federation of Fishermen’s Co-operative Societies of Tai Po District, N.T., Limited;(vii) The Federation of Fishermen’s Co-operative Societies of Sai Kung District, Limited;(viii) The Federation of Fishermen’s Co-operative Societies of Southern District, Limited; (Amended 14 of 2021 s. 278)(ix) Hong Kong Fishermen Consortium; (Added 14 of 2021 s. 278)(x) Federation of Hong Kong Agricultural Associations; and (Added 14 of 2021 s. 278)(b) the bodies named in Schedule 1.(Added 48 of 1999 s. 13) 20C. Composition of the insurance functional constituency The insurance functional constituency is composed of bodies that are insurers authorized or deemed to be authorized under the Insurance Ordinance (Cap. 41).(Added 48 of 1999 s. 13. Amended 12 of 2015 s. 134) 20D. Composition of the transport functional constituency The transport functional constituency is composed of the bodies named in Schedule 1A.(Added 48 of 1999 s. 13) 20E. Composition of the education functional constituency The education functional constituency is composed of—(a) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the following institutions—(i) institutions of higher education funded through the University Grants Committee;(ii) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap. 320);(iii) technical colleges established under the Vocational Training Council Ordinance (Cap. 1130);(iv) The Hong Kong Academy for Performing Arts;(v) the Hong Kong Metropolitan University; and (Amended 22 of 2021 s. 2)(aa) full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in the institutions which—(i) offer post secondary education leading to the award of any qualification entered into the Qualifications Register established under the Accreditation of Academic and Vocational Qualifications Ordinance (Cap. 592); and (ii) are set up by—(A) an institution of higher education funded through the University Grants Committee;(B) The Hong Kong Academy for Performing Arts; or (C) the Hong Kong Metropolitan University; and (Replaced 14 of 2015 s. 4. Amended 22 of 2021 s. 2)(b) members of each of the following bodies—(i) Council of the University of Hong Kong;(ii) Council of The Chinese University of Hong Kong; (iii) Council of The Hong Kong University of Science and Technology;(iv) Council of the City University of Hong Kong;(v) Council of The Hong Kong Polytechnic University; (vi) Council of The Hong Kong Academy for Performing Arts;(vii) Council of the Hong Kong Metropolitan University; (Amended 22 of 2021 s. 2)(viii) the Vocational Training Council; (Amended 10 of 2006 s. 35)(ix) Council of The Education University of Hong Kong; (Amended 6 of 2016 s. 2)(x) Council of the Hong Kong Baptist University;(xi) Council of Lingnan University; (Replaced 54 of 1999 s. 39)(xii)-(xxi) (Repealed 14 of 2021 s. 279)(xxii) Board of Governors of post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap. 320); and (Added 14 of 2021 s. 279)(c) registered teachers registered under the Education Ordinance (Cap. 279); and(d) permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap. 279); and(e) teachers and principals of schools entirely maintained and controlled by the Government; and(f) persons whose principal or only employment is that of full-time teaching with the following institutions—(i) technical institutes, industrial training centres or skills centres established under the Vocational Training Council Ordinance (Cap. 1130);(ii) industrial training centres established under the repealed Industrial Training (Construction Industry) Ordinance (Cap. 317) and maintained under the Construction Industry Council Ordinance (Cap. 587); (Amended 12 of 2006 s. 84)(iia) industrial training centres established under the Construction Industry Council Ordinance (Cap. 587); (Added 12 of 2006 s. 84)(iii) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap. 318);(iv) Hong Chi Association—Hong Chi Pinehill Integrated Vocational Training Centre; (Replaced 25 of 2003 s. 8. Amended 2 of 2011 s. 6)(v) Caritas Lok Mo Integrated Vocational Training Centre of Caritas—Hong Kong incorporated under the Caritas—Hong Kong Incorporation Ordinance (Cap. 1092); and (Replaced 25 of 2003 s. 8. Amended 10 of 2006 s. 35)(g) registered managers of schools registered under the Education Ordinance (Cap. 279).(Added 48 of 1999 s. 13) 20F. Composition of the legal functional constituency The legal functional constituency is composed of—(a) members of The Law Society of Hong Kong entitled to vote at general meetings of the Society; and(b) members of the Hong Kong Bar Association entitled to vote at general meetings of the Association; and(c) legal officers within the meaning of the Legal Officers Ordinance (Cap. 87); and(d) persons appointed under section 3 of the Legal Aid Ordinance (Cap. 91); and(e) persons deemed to be legal officers for the purpose of the Legal Officers Ordinance (Cap. 87) by section 75(3) of the Bankruptcy Ordinance (Cap. 6) or section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap. 412); and(f) the Legal Adviser of the Legislative Council Secretariat and his or her assistants who are in the full-time employment of The Legislative Council Commission and are barristers or solicitors as defined in the Legal Practitioners Ordinance (Cap. 159).(Added 48 of 1999 s. 13) 20G. Composition of the accountancy functional constituency The accountancy functional constituency is composed of certified public accountants registered under the Professional Accountants Ordinance (Cap. 50).(Added 48 of 1999 s. 13. Amended 23 of 2004 s. 56) 20H. (Repealed 14 of 2021 s. 280) 20I. (Repealed 14 of 2021 s. 280) 20IA. Composition of the medical and health services functional constituency The medical and health services functional constituency is composed of—(a) medical practitioners registered or deemed to be registered under the Medical Registration Ordinance (Cap. 161); and(b) registered dentists as defined by section 2(1) of, or persons deemed to be registered dentists under, the Dentists Registration Ordinance (Cap. 156); and (Replaced 22 of 2024 s. 133)(c) chiropractors registered under the Chiropractors Registration Ordinance (Cap. 428); and(d) nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap. 164); and(e) midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap. 162); and(f) pharmacists registered under the Pharmacy and Poisons Ordinance (Cap. 138); and(g) medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. A); and(h) radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg. H); and(i) physiotherapists registered under the Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg. J); and(j) occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. B); and(k) optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap. 359 sub. leg. F); and(l) dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap. 156 sub. leg. B); and(m) audiologists, audiology technicians, chiropodists (also known as “podiatrists”), dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions—(i) public hospitals within the meaning of the Hospital Authority Ordinance (Cap. 113);(ii) hospitals within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for each of which a licence under that Ordinance is in force;(iii) clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong;(iv) services subvented by the Government; and(n) Chinese medicine practitioners who are members of any of the following bodies and entitled to vote at general meetings of the respective bodies—(i) The Hong Kong Association of Traditional Chinese Medicine Limited;(ii) International General Chinese Herbalists and Medicine Professionals Association Limited;(iii) Sin-Hua Herbalists’ and Herb Dealers’ Promotion Society Limited;(iv) Society of Practitioners of Chinese Herbal Medicine Limited;(v) The Hong Kong T.C.M. Orthopaedic and Traumatic Association Limited;(vi) The Hong Kong Federation of China of Traditional Chinese Medicine;(vii) Hong Kong Acupuncturists Association;(viii) Hong Kong Chinese Herbalists Association Limited;(ix) Association of Hong Kong & Kowloon Practitioners of Chinese Medicine, Limited;(x) Hong Kong Chinese Medicine Practitioners Association Limited; and(o) registered Chinese medicine practitioners registered under the Chinese Medicine Ordinance (Cap. 549).(Added 14 of 2021 s. 281) 20J. Composition of the engineering functional constituency The engineering functional constituency is composed of—(a) professional engineers registered under the Engineers Registration Ordinance (Cap. 409); and(b) members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution.(Added 48 of 1999 s. 13) 20K. Composition of the architectural, surveying, planning and landscape functional constituency (Amended 14 of 2015 s. 5)The architectural, surveying, planning and landscape functional constituency is composed of— (Amended 14 of 2015 s. 5)(a) architects registered under the Architects Registration Ordinance (Cap. 408); and(b) members of The Hong Kong Institute of Architects entitled to vote at general meetings of the Institute; and(c) landscape architects registered under the Landscape Architects Registration Ordinance (Cap. 516); and(d) members of The Hong Kong Institute of Landscape Architects entitled to vote at general meetings of the Institute; and(e) professional surveyors registered under the Surveyors Registration Ordinance (Cap. 417); and(f) members of The Hong Kong Institute of Surveyors entitled to vote at general meetings of the Institute; and(g) professional planners registered under the Planners Registration Ordinance (Cap. 418); and(h) members of The Hong Kong Institute of Planners entitled to vote at general meetings of the Institute. (Amended 25 of 2003 s. 10)(Added 48 of 1999 s. 13) 20L. Composition of the labour functional constituency The labour functional constituency is composed of bodies that are trade unions registered under the Trade Unions Ordinance (Cap. 332) of which all the voting members are employees.(Added 48 of 1999 s. 13) 20M. Composition of the social welfare functional constituency The social welfare functional constituency is composed of social workers registered under the Social Workers Registration Ordinance (Cap. 505).(Added 48 of 1999 s. 13. Amended 15 of 2000 s. 2) 20N. Composition of the real estate and construction functional constituency The real estate and construction functional constituency is composed of—(a) corporate members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association; and(b) corporate members of The Hong Kong Construction Association, Limited entitled to vote at general meetings of the Association; and(c) corporate members of The Hong Kong E&M Contractors’ Association Limited entitled to vote at general meetings of the Association.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 282) 20O. Composition of the tourism functional constituency The tourism functional constituency is composed of the following bodies—(a) bodies that are—(i) licensed travel agents as defined by section 2(1) of the Travel Industry Ordinance (Cap. 634); and (Replaced 37 of 2018 s. 171 and 14 of 2021 s. 475)(ii) any of the following—(A) corporate members of the Travel Industry Council of Hong Kong entitled to vote at the Board of Directors of the Council;(B) corporate members of Hong Kong Association of China Travel Organisers Limited entitled to vote at the Executive Committee of the company;(C) corporate members of International Chinese Tourist Association Limited entitled to vote at the Executive Committee of the company;(D) corporate members of The Federation of Hong Kong Chinese Travel Agents Limited entitled to vote at the Executive Committee of the company;(E) corporate members of Hong Kong Outbound Tour Operators’ Association Limited entitled to vote at the Executive Committee of the company;(F) corporate members of Hong Kong Association of Travel Agents Limited entitled to vote at the Executive Committee of the company;(G) corporate members of Hongkong Taiwan Tourist Operators Association entitled to vote at the Executive Committee of the Association;(H) corporate members of Hongkong Japanese Tour Operators Association Limited entitled to vote at the Executive Committee of the company;(I) corporate members of Society of IATA Passenger Agents Limited entitled to vote at the Executive Committee of the company; and(b) bodies that are corporate members of The Board of Airline Representatives in Hong Kong entitled to vote at the Executive Committee of the Board; and(c) bodies that are corporate members of the Federation of Hong Kong Hotel Owners Limited entitled to vote at general meetings of the company.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 283) 20P. Composition of the commercial (first) functional constituency The commercial (first) functional constituency is composed of corporate members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 284) 20Q. Composition of the commercial (second) functional constituency The commercial (second) functional constituency is composed of corporate members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 285) 20QA. Composition of the commercial (third) functional constituency The commercial (third) functional constituency is composed of corporate members of the Hong Kong Chinese Enterprises Association entitled to vote at general meetings of the Association.(Added 14 of 2021 s. 286) 20R. Composition of the industrial (first) functional constituency The industrial (first) functional constituency is composed of corporate members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 287) 20S. Composition of the industrial (second) functional constituency The industrial (second) functional constituency is composed of corporate members of The Chinese Manufacturers’ Association of Hong Kong entitled to vote at general meetings of the Association.(Added 48 of 1999 s. 13. Amended 14 of 2021 s. 288) 20T. Composition of the finance functional constituency The finance functional constituency is composed of the following bodies—(a) banks within the meaning of the Banking Ordinance (Cap. 155); and(b) restricted licence banks within the meaning of the Banking Ordinance (Cap. 155); and(c) deposit-taking companies within the meaning of the Banking Ordinance (Cap. 155).(Added 48 of 1999 s. 13. Amended E.R. 5 of 2019) 20U. Composition of the financial services functional constituency (1) The financial services functional constituency is composed of— (Amended 12 of 2000 s. 23)(a) subject to subsection (2), exchange participants of a recognized exchange company; and (Replaced 5 of 2002 s. 407)(b) (Repealed 5 of 2002 s. 407)(c) corporate members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society. (Added 48 of 1999 s. 13. Amended 14 of 2021 s. 289)(2) Notwithstanding any other enactment or rule of law—(a) by virtue of this subsection, the rules of a recognized exchange company may provide that a class of exchange participants specified in the rules are not exchange participants for the purposes of this Ordinance;(b) no amendment or substitution of the rules of a recognized exchange company made on or after the commencement* of this subsection shall have effect— (Amended 5 of 2002 s. 407)(i) for the purposes of this Ordinance to the extent, if any, to which the amendment or substitution, as the case may be, causes a person to become or to cease to be an exchange participant of the recognized exchange company; and(ii) unless the amendment or substitution, as the case may be, has been approved in writing by the Secretary for Constitutional and Mainland Affairs. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407; L.N. 130 of 2007)(3) In subsection (2)—exchange participant (交易所參與者) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571); (Replaced 5 of 2002 s.

407)recognized exchange company (認可交易所) has the same meaning as in section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571); (Added 5 of 2002 s. 407)rules (規章), in relation to a recognized exchange company, means the rules governing the conduct, or the operation and management, of the recognized exchange company or the conduct of its exchange participants, by whatever name such rules may be called and wherever contained. (Added 12 of 2000 s. 23. Amended 5 of 2002 s. 407)(Amended 5 of 2002 s. 407) Editorial Note: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. * Commencement date: 3 July 1999. 20V. Composition of the sports, performing arts, culture and publication functional constituency The sports, performing arts, culture and publication functional constituency is composed of—(a) corporate members of the Sports Federation & Olympic Committee of Hong Kong, China; and(b) Hong Kong Sports Institute Limited; and(c) corporate members of the Hong Kong Publishing Federation Limited entitled to vote at general meetings of the company; and(d) the bodies named in Schedule 1B.(Replaced 14 of 2021 s. 290) 20W. Composition of the import and export functional constituency The import and export functional constituency is composed of corporate members of The Hong Kong Chinese Importers’ and Exporters’ Association entitled to vote at general meetings of the Association.(Replaced 14 of 2021 s. 291) 20X. Composition of the textiles and garment functional constituency The textiles and garment functional constituency is composed of—(a) corporate members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (b)(i) to (xii)) entitled to vote at general meetings of the Council; and(b) corporate members of each of the following bodies entitled to vote at general meetings of the body—(i) The Federation of Hong Kong Cotton Weavers;(ii) The Federation of Hong Kong Garment Manufacturers;(iii) Hong Kong Chinese Textile Mills Association;(iv) (Repealed 11 of 2019 s. 5)(v) The Hongkong Cotton Spinners Association;(vi) Hong Kong Garment Manufacturers Association Ltd.;(vii) Hongkong Knitwear Exporters & Manufacturers Association Limited; (Amended 11 of 2019 s. 5)(viii) Hong Kong Woollen & Synthetic Knitting Manufacturers’ Association Ltd.;(ix) The Hong Kong Association of Textile Bleachers, Dyers, Printers and Finishers Limited;(x) The Hong Kong Weaving Mills Association;(xi) (Repealed 14 of 2015 s. 7)(xii) The Hong Kong General Chamber of Textiles Limited. (Amended 10 of 2006 s. 40; 14 of 2021 s. 292)(c)-(e) (Repealed 14 of 2021 s. 292)(Added 48 of 1999 s. 13. Amended E.R. 1 of 2012) 20Y. Composition of the wholesale and retail functional constituency The wholesale and retail functional constituency is composed of corporate members of each of the bodies named in Schedule 1C that are entitled to vote at general meetings of the body.(Added 48 of 1999 s. 13; 14 of 2021 s. 293) 20Z. Composition of the technology and innovation functional constituency The technology and innovation functional constituency is composed of the bodies named in Schedule 1D.(Replaced 14 of 2021 s. 294) 20ZA. Composition of the catering functional constituency The catering functional constituency is composed of bodies that are holders of food business licences under the Public Health and Municipal Services Ordinance (Cap. 132) and— (Amended 14 of 2021 s. 295)(a) are entitled to vote at the Board of The Association for Hong Kong Catering Services Management Limited;(b) are entitled to vote at the Board of The Association of Restaurant Managers Limited; or(c) are entitled to vote at the Board of Hong Kong Catering Industry Association Limited. (Amended 14 of 2021 s. 295)(Added 48 of 1999 s. 13) 20ZB. (Repealed 14 of 2021 s. 296) 20ZC. (Repealed 14 of 2021 s. 296) 20ZD. Composition of the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency The Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency is composed of—(a) Hong Kong Special Administrative Region deputies to the National People’s Congress; and(b) Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference; and(c) Hong Kong Special Administrative Region delegates of the All-China Women’s Federation; and(d) Hong Kong Special Administrative Region executive members of the All-China Federation of Industry and Commerce; and(e) Hong Kong Special Administrative Region committee members of the All-China Federation of Returned Overseas Chinese; and(f) Hong Kong Special Administrative Region committee members of the All-China Youth Federation; and(g) Hong Kong Special Administrative Region directors of the China Overseas Friendship Association.(Added 14 of 2021 s. 297) 21. Number of Members to be returned for functional constituency The number of Members to be returned for a functional constituency is—(a) 1 Member for each constituency other than the labour functional constituency; and(b) 3 Members for the labour functional constituency.(c) (Repealed 14 of 2021 s. 298)(Amended 2 of 2011 s. 12; 14 of 2021 s. 298) Division 3 Election Committee Constituency (Division 3 added 14 of 2021 s. 299) 21A. Establishment of Election Committee constituency (1) The Election Committee constituency is established for the purpose of returning Members at elections for that constituency.(2) The Election Committee constituency is composed of all members of the Election Committee. 21B. Number of Members to be returned for Election Committee constituency At a general election, 40 Members are to be returned for the Election Committee constituency. Part IV (Repealed 25 of 2003 s. 15) 22. (Repealed 25 of 2003 s. 15) 23. (Repealed 25 of 2003 s. 15) Part 5 Registration of Electors for Geographical Constituencies and Functional Constituencies (Amended 14 of 2021 s. 300) 24. Who is eligible to be registered as an elector: geographical constituencies (1) Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person—(a) is already registered as an elector in the then existing final register of geographical constituencies; or(b) applies in accordance with this Part to be registered as such an elector and is entitled to be so registered.(2) A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person—(a) has since ceased to ordinarily reside in Hong Kong; or(b) no longer resides at the residential address recorded against the person’s name in that existing register and that Officer does not know the person’s new principal residential address (if any) in Hong Kong.(3) Subsection (2)(b) does not apply to a person who—(a) is serving a sentence of imprisonment; and(b) does not have a home in Hong Kong outside the prison. (Added 7 of 2009 s. 5) 25. Who is eligible to be registered as an elector: functional constituencies (1) Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person—(a) is a person specified—(i) for the Heung Yee Kuk functional constituency, in section 20A; or(ii) for the agriculture and fisheries functional constituency, in section 20B; or(iii) for the insurance functional constituency, in section 20C; or(iv) for the transport functional constituency, in section 20D; or(v) for the education functional constituency, in section 20E; or(vi) for the legal functional constituency, in section 20F; or(vii) for the accountancy functional constituency, in section 20G; or(viii)-(ix) (Repealed 14 of 2021 s. 301)(ixa) for the medical and health services functional constituency, in section 20IA; or (Added 14 of 2021 s. 301)(x) for the engineering functional constituency, in section 20J; or(xi) (Repealed 14 of 2021 s. 301)(xii) for the labour functional constituency, in section 20L; or(xiii) for the social welfare functional constituency, in section 20M; or(xiv) for the real estate and construction functional constituency, in section 20N; or(xv) for the tourism functional constituency, in section 20O; or(xvi) for the commercial (first) functional constituency, in section 20P; or(xvii) for the commercial (second) functional constituency in section 20Q; or(xviia) for the commercial (third) functional constituency, in section 20QA; or (Added 14 of 2021 s. 301)(xviii) for the industrial (first) functional constituency, in section 20R; or(xix) for the industrial (second) functional constituency, in section 20S; or(xx) for the finance functional constituency, in section 20T; or(xxi) for the financial services functional constituency, in section 20U; or(xxii) for the sports, performing arts, culture and publication functional constituency, in section 20V; or(xxiii) for the import and export functional constituency, in section 20W; or(xxiv) for the textiles and garment functional constituency, in section 20X; or(xxv) for the wholesale and retail functional constituency, in section 20Y; or(xxvi) for the technology and innovation functional constituency, in section 20Z; or (Amended 14 of 2021 s. 301)(xxvii) for the catering functional constituency, in section 20ZA; or(xxviii)-(xxix) (Repealed 14 of 2021 s. 301)(xxx) for the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency, in section 20ZD; and (Added 14 of 2021 s. 301)(b) if a natural person, is either—(i) registered as an elector under this Part for a geographical constituency; or(ii) eligible to be registered as an elector under this Part for a geographical constituency and has made an application to be so registered.(2) A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person’s choice.(2A) (Repealed 14 of 2021 s. 301)(3) Despite subsection (2)—(a)-(b) (Repealed 48 of 1999 s. 16)(ca) (Repealed 14 of 2021 s. 301)(c) a person eligible to be registered as an elector for the Heung Yee Kuk functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person’s choice may be registered only for the Heung Yee Kuk functional constituency and not for that other functional constituency; (Amended 2 of 2011 s. 13; 14 of 2021 s. 301)(cb) subject to paragraph (c), a person eligible to be registered as an elector for the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person’s choice may be registered only for the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency and not for that other functional constituency; and (Added 14 of 2021 s. 301)(d) subject to paragraphs (c) and (cb), a person eligible to be registered as an elector for the agriculture and fisheries, the insurance, the transport, the finance, the sports, performing arts, culture and publication, the technology and innovation or the catering functional constituency and who would, but for this paragraph, be eligible to be registered in another functional constituency of that person’s choice may be registered only for that functional constituency and not for that other functional constituency. (Amended 2 of 2011 s. 13; 14 of 2021 s. 301)(4) A body specified in section 20C, 20L, 20T, 20U(1)(a) or 20ZA is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating as such a body for the 3 years immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 5 of 2002 s. 407; 25 of 2003 s. 16; 10 of 2006 s. 29; 14 of 2021 s. 301)(5) A body that is a corporate member of a body specified in section 20B(a), 20N, 20O, 20P, 20Q, 20QA, 20R, 20S, 20U(1)(c), 20V(a) or (c), 20W, 20X(a) or (b) or 20Y is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 3 years immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 25 of 2003 s. 16; 14 of 2021 s. 301)(6) (Repealed 14 of 2021 s. 301)(7) In computing the period for which a body to which subsection (4) or (5) applies has been operating—(a) it does not matter whether the period has begun before the day* on which the Improving Electoral System (Consolidated Amendments) Ordinance 2021 (14 of 2021) is published in the Gazette;(b) any period for which the body has been operating before it becomes a body specified as composing the functional constituency concerned (constituent body) is not to be taken into account; and(c) if the relevant section mentioned in subsection (4) or (5) refers to any entitlement to vote—(i) the body is not required to be so entitled to vote in order to be regarded as having become a constituent body; and(ii) it does not matter whether the body is so entitled to vote throughout the period. (Replaced 14 of 2021 s. 301)(8) For the purposes of the provisional and final registers of functional constituencies to be compiled for 2021, subsection (4) or (5) (as the case may be) applies to a body registered in the final register of functional constituencies published for 2020 as if the reference to “making its application for registration as an elector” in that subsection were a reference to “5 July 2021”. (Added 14 of 2021 s. 301)(Amended 48 of 1999 s. 16) Editorial Note: * Gazettal date: 31 May 2021. 26. Corporate elector to have authorized representative (1) A corporate elector is required to appoint one eligible person to be its authorized representative for the purposes of casting its vote at an election. (Amended 14 of 2021 s. 302)(2) A person is eligible to be an authorized representative of a corporate elector for a functional constituency only if the person—(a) is registered, or is eligible to be and has applied to be registered, as an elector for a geographical constituency; and(b) has a substantial connection with the corporate elector; and(c) is not registered, and has not applied to be registered, as an elector for the constituency; and(d) is not disqualified from being registered or voting under section 31 or 53.(3) A person who is an authorized representative of a corporate elector is not eligible to be appointed as the authorized representative of another corporate elector. (Amended 14 of 2021 s. 302)(4) A person cannot act as an authorized representative of a corporate elector unless the person is registered as such a representative by the Electoral Registration Officer.(5) A corporate elector may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). The replacement does not have effect until it is registered by the Electoral Registration Officer.(6) An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) by the corporate elector concerned. The application must be in writing and be in the specified form.(7) The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be, or disqualified from being, such a representative.(8) A decision to appoint or replace an authorized representative of a corporate elector under subsection (1) or (5) may only be made by the governing authority, by whatever name called, of the corporate elector. (Added 14 of 2021 s. 302) 27. Elector to be permanent resident of Hong Kong A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless the person is a permanent resident of Hong Kong.(Amended 14 of 2021 s. 303) 28. Elector to reside in Hong Kong (1) A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer—(a) that the person ordinarily resides in Hong Kong; and(b) that the residential address notified in the person’s application for registration is the person’s only or principal residence in Hong Kong.(1A) If—(a) a person serving a sentence of imprisonment applies for registration as an elector in the register of geographical constituencies; and(b) at the time of the application, the person does not have a home in Hong Kong outside the prison, the prescribed address, as defined in subsection (1B), is deemed to be the person’s only or principal residence in Hong Kong for the purposes of subsection (1). (Added 7 of 2009 s. 6)(1B) In subsection (1A), prescribed address (訂明地址) means—(a) the last dwelling-place in Hong Kong at which the person resided and which constituted the person’s sole or main home; or(b) if no address is established to the satisfaction of the Electoral Registration Officer to be the last dwelling-place in Hong Kong at which the person resided and which constituted the person’s sole or main home, the residential address of the person furnished under regulation 4(1)(b) or 18(1) of the Registration of Persons Regulations (Cap. 177 sub. leg. A) and last recorded under those Regulations. (Added 7 of 2009 s. 6)(2) The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds—(a) that the elector no longer ordinarily resides in Hong Kong; or(b) that the residential address last notified to that Officer is no longer the elector’s only or principal residence in Hong Kong.(2A) If—(a) an elector is serving a sentence of imprisonment; and(b) the elector no longer has a home in Hong Kong outside the prison, the residential address of the elector last notified to the Electoral Registration Officer is deemed to continue to be the elector’s only or principal residence in Hong Kong for the purposes of subsection (2). (Added 7 of 2009 s. 6)(3) In this section, a reference to a person’s only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person’s sole or main home. 29. Elector to be 18 years of age (1) A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless—(a) the person has reached 18 years of age; or(b) the person’s eighteenth birthday falls on or before 25 September next following the person’s application for registration.(2) Despite subsection (1)(b), if a person’s eighteenth birthday falls on or before 25 September 2021 but after 25 July 2021, the person is not eligible to be registered as an elector for a geographical constituency or functional constituency until the person has reached 18 years of age.(Replaced 14 of 2021 s. 304) 30. Applicant for registration as elector to be in possession of identity document (1) A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person— (Amended 14 of 2021 s. 305)(a) holds an identity document; or(b) has—(i) applied for a new identity document; or(ii) requested the alteration of the identity document or the issue of a new identity document, in replacement of the identity document previously issued to the person, and informs that Officer of the document’s identifying number (if any).(2) This section has effect even though a person would otherwise be eligible to be registered as an elector for a geographical constituency or functional constituency. (Amended 14 of 2021 s. 305) 31. When person is disqualified from being registered as an elector (1) A natural person is disqualified from being registered as an elector for a geographical constituency or functional constituency if the person— (Amended 14 of 2021 s. 306)(a)-(c) (Repealed 7 of 2009 s. 7) (d) 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 (Replaced 25 of 2003 s. 17)(e) is a member of the armed forces of the Central People’s Government or any other country or territory.(2) Subsection (1) applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. (Amended 2 of 2011 s. 14)(3) A consular post to which any privilege or immunity is accorded under the Consular Relations Ordinance (Cap. 557) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)(4) An organization to which section 2 of the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) applies or an international organization defined in section 2 of the International Organizations (Privileges and Immunities) Ordinance (Cap. 558) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)(5) A body which is a department or an agency of a government of a place outside the People’s Republic of China, whether at national, regional or municipal level, is disqualified from being registered as a corporate elector. (Added 11 of 2012 s. 34)(6) For the purposes of subsection (5), a body is not regarded as a department or an agency of a government of a place unless—(a) the management of the body is appointed by the government and is answerable to the government; (b) the principal function of the body is to advance the interest of the place; and(c) the body is non-profit-making. (Added 11 of 2012 s. 34) 32. Electoral Registration Officer to compile and publish electoral registers (1) The Electoral Registration Officer must—(a) not later than 1 August in each year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—(i) a provisional register of geographical constituencies; and(ii) a provisional register of functional constituencies; and(b) not later than 25 September in each year, compile and publish in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—(i) a final register of geographical constituencies; and(ii) a final register of functional constituencies. (Replaced 14 of 2021 s. 307)(1A) Despite subsection (1)—(a) a provisional register required to be compiled and published under subsection (1)(a)(i) or (ii) in 2021 may be compiled and published not later than 26 September 2021; and(b) a final register required to be compiled and published under subsection (1)(b)(i) or (ii) in 2021 may be compiled and published not later than 29 October 2021. (Replaced 14 of 2021 s. 307)(2) (Repealed 21 of 2001 s. 64)(3) The Electoral Registration Officer may amend a provisional or final register 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.(4) In compiling a provisional register, the Electoral Registration Officer must—(a) strike out the names and other relevant particulars of all those persons—(i) whom the Electoral Registration Officer is satisfied on reasonable grounds as being no longer eligible to have their names included in the register; or(ii) whom the Electoral Registration Officer is satisfied on reasonable grounds as not wishing to remain registered in the register; (Replaced 12 of 2014 s. 36)(b) enter the names and other relevant particulars of those persons on an omissions list; and(c) add to the register the names and other relevant particulars of those persons whose applications for registration have been received by the Electoral Registration Officer not later than the date prescribed for the purposes of this paragraph by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) and who are eligible to have their names included in the register. (Amended 25 of 2003 s. 18)(5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish a notice to the effect that the names and other relevant particulars of the following persons have been entered on an omissions list— (Amended 12 of 2014 s. 36)(a) persons who are no longer eligible to have their names included in the register; and(b) persons who do not wish to remain registered in the register. (Amended 12 of 2014 s. 36)(5AA) Despite subsections (4) and (5), in compiling the provisional register of functional constituencies for 2021, the Electoral Registration Officer is not required to comply with those subsections in relation to the names and other relevant particulars of persons registered in the final register of functional constituencies published in 2020 as electors of the following functional constituencies—(a) the information technology functional constituency;(b) the District Council (first) functional constituency; and(c) the District Council (second) functional constituency. (Added 14 of 2021 s. 307)(5A) The notice—(a) must specify the time and the place at which a copy of the omissions list may be inspected; and (Amended 14 of 2021 s. 307)(b) must be published—(i) in the Gazette; and(ii) in other publications (if any) as are prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). (Added 12 of 2014 s. 36)(6) The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—(a) keep a copy of the omissions list at that Officer’s office; and(b) during the ordinary business hours of that office, make that copy available for inspection in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), free of charge. (Amended 14 of 2021 s. 307) 33. When final register is to take effect (1) A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19; 21 of 2001 s. 65)(2) (Repealed 21 of 2001 s. 65) 34. Right of appeal to Revising Officer against decisions of Electoral Registration Officer (1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.(2) The determination of a Revising Officer on such an appeal is final.(2A) A Revising Officer may determine an appeal without a hearing on the basis of written submissions only. (Added 1 of 2019 s. 7)(2B) Subsections (3) and (4) apply if a hearing is held for an appeal. (Added 1 of 2019 s. 7)(3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing of the appeal.(4) At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person. Part 6 Conduct of Elections 35. Vacancy in membership of Legislative Council to be declared (1) The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy.(2) (Repealed 48 of 1999 s. 20) 36. By-election to be held to fill vacancy in membership of Legislative Council (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 the Legislative Council under section 35;(b) (Repealed 14 of 2021 s. 308)(c) on the making of a declaration under section 46(2) that an election for a constituency has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency; (Amended 25 of 2003 s. 19)(ca) (Repealed 14 of 2021 s. 308)(cb) on the making of a declaration under section 46A(3) that an election for a constituency has failed— (Amended 25 of 2003 s. 19)(i) because of the death or disqualification of the successful candidate at the election; or(ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21. Amended 25 of 2003 s. 19)(d) subject to sections 70A and 72(1A), on the Court’s making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead; (Amended 48 of 1999 s. 21; 18 of 2011 s. 3)(e) if an appeal against a determination referred to in paragraph (d) is lodged to the Court of Final Appeal—(i) on the Court of Final Appeal’s making a determination under section 70B that a person whose election is questioned was not duly elected and that no other person was duly elected instead; or(ii) on the termination of the appeal proceedings in other circumstances. (Added 18 of 2011 s. 3)(2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held—(a) within the 4 months preceding the end of that Council’s current term of office; or(b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law. 37. Who is eligible to be nominated as a candidate (1) A person is eligible to be nominated as a candidate at an election for a geographical constituency only if the person— (Amended 25 of 2003 s. 20)(a) has reached 21 years of age; and(b) is both registered and eligible to be registered as an elector for a geographical constituency; and(c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and(d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and(e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People’s Republic of China.(2) A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person—(a) has reached 21 years of age; and(b) either—(i) is both registered and eligible to be registered as an elector for the constituency; or (Amended 11 of 2012 s. 61)(ii) satisfies the Returning Officer for the constituency that the person has a substantial connection with the constituency; and (Replaced 48 of 1999 s. 22. Amended 2 of 2011 s. 15; 14 of 2021 s. 309)(c) is both registered and eligible to be registered as an elector for a geographical constituency; and(d) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and(f) except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People’s Republic of China. (Amended 2 of 2011 s. 15; 14 of 2021 s. 309)(g) (Repealed 14 of 2021 s. 309)(3) The following 12 functional constituencies are specified for the purposes of subsection (2)—(a) the legal functional constituency;(b) the accountancy functional constituency;(c) the engineering functional constituency;(d) the architectural, surveying, planning and landscape functional constituency; (Amended 14 of 2015 s. 10)(e) the real estate and construction functional constituency;(f) the tourism functional constituency;(g) the commercial (first) functional constituency;(h) the industrial (first) functional constituency;(i) the finance functional constituency;(j) the financial services functional constituency;(k) the import and export functional constituency;(l) the insurance functional constituency.(3A) A person is eligible to be nominated as a candidate at an election for the Election Committee constituency only if the person—(a) has reached 21 years of age; and(b) is both registered and eligible to be registered as an elector for a geographical constituency; and(c) is not disqualified from being elected as a Member by virtue of section 39 or any other law; and(d) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and(e) is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People’s Republic of China. (Added 14 of 2021 s. 309)(4) A Member is not eligible to be nominated as a candidate at a by-election. 38. (Repealed 14 of 2021 s. 310) 39. When person is disqualified from being nominated as a candidate and from being elected as a Member (1) A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person—(a) is—(i) a judicial officer; or(ii) a prescribed public officer; or(iii) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; or (Amended 48 of 1999 s. 24)(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 been substituted for the sentence; or(ii) received a free pardon; or(c) has been convicted of an offence endangering national security; or (Amended 6 of 2024 s. 178)(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 section 7 of Schedule 4A to the District Councils Ordinance (Cap. 547) or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or (Replaced 10 of 2000 s. 47. Amended 19 of 2023 s. 172)(f) is—(i) ineligible to be a candidate, or to be elected as a Member, at the election; or(ii) disqualified from being a candidate, or from being elected as a Member, at the election,because of the operation of this or any other law; or(g) is a representative or salaried functionary of a 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 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. (Amended 25 of 2003 s. 22)(1A) A person is also disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the election is held or is to be held within 5 years after—(a) the date on which the person vacates an office, or is disqualified from entering on an office, under the law, for declining or neglecting to take a specified oath; or(b) the date on which the person is declared or decided in accordance with any law—(i) to be in breach of a specified oath; or(ii) to have failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Added 13 of 2021 s. 19)(2) A person is also disqualified from being nominated as a candidate at an election if the person has been found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Replaced 25 of 2003 s. 22)(2A) A person is also disqualified from being nominated as a candidate at a by-election if—(a) within the 6 months ending on the date of the by-election—(i) the person’s resignation under section 14 as a Member took effect; or(ii) the person was taken under section 13(3) to have resigned from office as a Member; and(b) no general election was held after the relevant notice of resignation or notice of non-acceptance took effect. (Added 12 of 2012 s. 3)(3) A person is also disqualified from being elected as a Member if the person has been 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. (Replaced 25 of 2003 s. 22)(4) A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency. (Amended 2 of 2011 s. 17; 14 of 2021 s. 311)(5) In this section—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); prescribed public officer (訂明的公職人員) means any of the following— (a) the Chairman of the Public Service Commission; (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); (c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap. 397); (d) a member of the Electoral Affairs Commission; (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; (ea) the Privacy Commissioner for Personal Data and any person employed or engaged by him or her under the Personal Data (Privacy) Ordinance (Cap. 486); (Added 48 of 1999 s. 24) (eb) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480); (Added 48 of 1999 s. 24) (f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau; (Amended 13 of 2021 s. 19) specified oath (指明誓言) means an oath taken under the law that the oath-taker will uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. (Added 13 of 2021 s. 19) 40. What requirements are to be complied with by persons nominated as candidates (1) A person is not validly nominated as a candidate for an election for a constituency unless— (Amended 25 of 2003 s. 23)(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; and(b) the nomination form includes or is accompanied by—(i) a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and(ii) a declaration as to the person’s nationality and as to whether or not the person has a right of abode in a country other than the People’s Republic of China; and(iii) a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that results in his or her— (Amended 48 of 1999 s. 25)(A) becoming—(I) a prescribed public officer within the meaning of section 39(5); or(II) an officer of the Legislative Council or a member of staff of The Legislative Council Commission; (Amended 48 of 1999 s. 25)(B) being sentenced to death in Hong Kong or any other place;(C) being convicted of an offence endangering national security; (Amended 6 of 2024 s. 179)(D) being convicted—(I) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); or(II) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or(III) of any offence prescribed by section 7 of Schedule 4A to the District Councils Ordinance (Cap. 547) or regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); (Replaced 10 of 2000 s. 47. Amended 19 of 2023 s. 173)(E) being disqualified from being elected as a Member at an election because of the operation of this or any other law;(F) becoming a representative or salaried functionary of a government of a place outside Hong Kong;(G) becoming 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 or local level;(H) becoming a member of the armed forces of the Central People’s Government or any other country or territory; or(I) in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency. (Amended 2 of 2011 s. 18; 14 of 2021 s. 312)(2) The person must sign the declarations.(3) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section. 41. Person not to be nominated for more than one constituency 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.(Replaced 14 of 2021 s. 313) 42. Withdrawal of candidate’s nomination (1) A candidate may withdraw the candidate’s nomination for election at any time before the close of nominations for the election and not otherwise.(2) The withdrawal of a candidate’s nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) for the purposes of this section. 42A. Who are validly nominated candidates (1) The Candidate Eligibility Review Committee must, as soon as practicable after a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) is submitted in accordance with those regulations, decide in accordance with Annex II to the Basic Law and those regulations whether or not the person to whom the form relates is validly nominated as a candidate. (Replaced 14 of 2021 s. 314)(2) The Candidate Eligibility Review Committee must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publish a notice stating which persons are validly nominated as candidates. (Amended 14 of 2021 s. 314)(Added 48 of 1999 s. 26) 42B. Death or disqualification of a validly nominated candidate before date of election (Amended 2 of 2011 s. 20; 14 of 2021 s. 315)(1) If, after the Candidate Eligibility Review Committee has made a decision under section 42A(1) that a candidate is validly nominated for election for a constituency, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), give notice of the death of the candidate. (Amended 2 of 2011 s. 20; 14 of 2021 s. 315)(2) If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—(a) publicly declare that the candidate has died; and(b) further declare which candidate or candidates are validly nominated for election for the constituency. (3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.(4) If, after the Candidate Eligibility Review Committee has made a decision under section 42A(1) that a candidate is validly nominated for election for a constituency, but before the date of the election, proof is given to the satisfaction of the Candidate Eligibility Review Committee that the candidate is disqualified from being nominated as a candidate—(a) the Candidate Eligibility Review Committee must, in accordance with Annex II to the Basic Law and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), vary the decision to the effect that the candidate is not validly nominated; and(b) after the Candidate Eligibility Review Committee so varies the decision, the Returning Officer must, in accordance with those regulations, give notice of the variation of the decision. (Replaced 14 of 2021 s. 315)(5) If a notice under section 42A(2) has been published, the Candidate Eligibility Review Committee must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)— (Amended 14 of 2021 s.

315)(a) publicly declare that the decision has been varied; and(b) further declare which candidate or candidates are validly nominated for election for the constituency.(6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.(Added 48 of 1999 s. 26. Amended 25 of 2003 s. 25) 42C. (Repealed 14 of 2021 s. 316) 43. Candidates entitled to send letter to electors free of postage (1) One letter, addressed to each elector for the geographical constituency for which a candidate is validly nominated, may be sent free of postage by or on behalf of the candidate. (Amended 2 of 2011 s. 22; 14 of 2021 s. 317)(2) One letter, addressed to each elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate. (Amended 2 of 2011 s. 22; 14 of 2021 s. 317)(3) (Repealed 25 of 2003 s. 27)(3A) One letter, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for the Election Committee constituency. (Added 14 of 2021 s. 317)(4) The letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(4A) A letter sent under subsection (1) by or on behalf of a candidate who is validly nominated for a geographical constituency may contain information on another candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)(4B) A letter sent under subsection (2) by or on behalf of a candidate who is validly nominated for the labour functional constituency may contain information on any other candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)(4C) A letter sent under subsection (3A) by or on behalf of a candidate who is validly nominated for the Election Committee constituency may contain information on any other candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)(4D) A letter which contains information on any candidate under subsection (4A), (4B) or (4C) is not to be regarded, for the purposes of subsections (1), (2) and (3A), as being sent by or on behalf of that candidate. (Added 18 of 2011 s. 34. Amended 14 of 2021 s. 317)(5) The cost to the Postmaster General of enabling candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. (Amended 14 of 2021 s. 317)(Amended 25 of 2003 s. 27) 44. When general election can be postponed or adjourned (1) The Chief Executive may, by order, direct the postponement of a general 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 a general election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any danger to public health or safety.(3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.(4) If a general election, or the polling or counting of votes at a general election, is directed to be postponed or adjourned under this section, the Chief Executive must 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. The Chief Executive must give notice of that date in the Gazette. 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 48 of 1999 s. 28)(Amended 12 of 2014 s. 90) 45. (Repealed 48 of 1999 s. 29) 46. What is to happen if insufficient candidates are nominated (1) If, after the close of nomination of candidates for election for a constituency, no more candidates have been validly nominated than the number of Members to be returned for the constituency, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members.(2) If, after the close of nomination of candidates for election for a constituency, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned.(Amended 25 of 2003 s. 28) 46A. Death or disqualification of a validly nominated candidate before declaration of election result (1) Subsections (2) and (3) apply if, on the date of an election but before declaring the result of the election—(a) proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a validly nominated candidate for election for a constituency is disqualified from being elected. (Replaced 14 of 2021 s. 318)(2) In the circumstances mentioned in subsection (1)(a) or (b)—(a) the proceedings for the election for the constituency are not to be terminated at that stage;(b) if the polling for the election has not begun or is being conducted, the polling is to begin or to continue as if the death or disqualification had not occurred; and(c) if the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred. (Replaced 14 of 2021 s. 318)(3) If, after the counting of votes is finished, the candidate referred to in subsection (1) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the election— (Amended 14 of 2021 s. 318)(a) to have failed; or (b) (where more than one Member is to be returned at the election for the constituency and there is another candidate or there are other candidates returned for the constituency) to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency. (4) (Repealed 14 of 2021 s. 318)(Added 48 of 1999 s. 31. Amended 25 of 2003 s. 29) 47. How election is to be conducted (1) At every contested election to return a Member for a constituency— (Amended 25 of 2003 s. 30)(a) a poll is to be taken of the electors of the constituency; and(b) the voting at the poll is to be by secret ballot. (2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).(3) The Returning Officer appointed for a constituency is responsible for supervising an election for the constituency in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541).(Amended 25 of 2003 s. 30) 48. Who is entitled to vote at an election (1) A person is entitled to vote at an election for a geographical constituency or functional constituency only if the person is registered as an elector for the constituency. (Amended 14 of 2021 s. 319)(2)-(3) (Repealed 25 of 2003 s. 31)(3A)-(3C) (Repealed 25 of 2003 s. 31)(3D) A person is entitled to vote at an election for the Election Committee constituency only if the person is a member of the Election Committee. (Added 14 of 2021 s. 319)(4) An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance.(5) A person registered as an elector for a geographical constituency or functional constituency may not be prevented from voting at an election for the constituency only because the person’s name should not have been included in the final register prepared for the constituency. (Amended 14 of 2021 s. 319)(6) (Repealed 25 of 2003 s. 31)(7) Subsection (5) does not— (Amended 25 of 2003 s. 31)(a) preclude the Court from making a determination under section 67; (Amended 18 of 2011 s. 4)(aa) preclude the Court of Final Appeal from making a determination under section 70B; or (Added 18 of 2011 s. 4)(b) affect the person’s liability to be charged with, and convicted of, an offence relating to voting at the election concerned.(8) A corporate elector may vote at an election only by its authorized representative.(9) Despite sections 32 and 33, only electors whose names are included in the final register of functional constituencies published for 2011 under section 32 are entitled to vote at a by-election held between the date of the publication and 31 May 2012 to return a Member for any functional constituency. (Added 2 of 2011 s. 24) 49. System of voting and counting of votes: geographical constituencies (1) Voting and counting of votes at a poll for the return of Members for a geographical constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector may vote for 1 candidate.(2) The candidates to be returned as Members for a geographical constituency at a general election are the 2 candidates who obtain the greatest and next greatest numbers of votes.(3) Subsection (2) applies with any necessary modifications to a by-election to fill vacancies among the Members to be returned for a geographical constituency.(4) If, after the counting is finished at an election for a geographical constituency, 1 or 2 Members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—(a) the Returning Officer must determine the result of the election for the purpose of returning the Member or Members still to be returned by drawing lots; and(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.(5) Subject to subsection (7), as soon as practicable after determining the result of an election for a geographical constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.(6) Subsection (7) applies if, before declaring the result of an election for a geographical constituency—(a) proof is given to the satisfaction of the Returning Officer that the candidate or a candidate who was successful at the election (successful candidate) has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a successful candidate is disqualified from being elected.(7) In the circumstances mentioned in subsection (6)(a) or (b), the Returning Officer—(a) must not declare that candidate as elected; and(b) must publicly declare, under section 46A(3), that the election—(i) has failed; or(ii) (where more than one Member is to be returned at the election for the geographical constituency concerned and there is another candidate returned for the constituency) has failed to the extent that the number of candidate returned at the election for the constituency was less than the number of Members to be returned for the constituency.(Replaced 14 of 2021 s. 320) 50. (Repealed 14 of 2021 s. 321) 51. System of voting and counting of votes: functional constituencies (Amended 14 of 2021 s. 322)(1) (Repealed 14 of 2021 s. 322)(2) Voting and counting of votes at a poll for the return of a Member or Members for a functional constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector may vote for as many candidates as there are vacancies and no more. (Amended 14 of 2021 s. 322)(3) If the election is for a single-member functional constituency that is contested by 2 or more candidates, the candidate to be returned as a Member is the candidate who obtains the greater or greatest number of votes.(4) If the election is for a triple-member functional constituency that is contested by 4 or more candidates at a general election, the candidates to be returned as Members are the 3 candidates who obtain the greatest and next 2 greatest numbers of votes.(5) Subsection (4) applies with any necessary modifications to a by-election to return fewer than 3 Members for a triple-member constituency.(6) If, after the counting is finished at an election for a functional constituency, a Member or Members is still to be returned for the constituency and the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots. The candidate or candidates on whom the lot falls is or are to be returned at the election. (Amended 48 of 1999 s. 35; 14 of 2021 s. 322)(7) Subject to subsection (9), as soon as practicable after determining the result of an election for a functional constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election. (Amended 14 of 2021 s. 322)(8) Subsection (9) applies if, before declaring the result of an election for a functional constituency—(a) proof is given to the satisfaction of the Returning Officer that the candidate or a candidate who was successful at the election (successful candidate) has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a successful candidate is disqualified from being elected. (Replaced 14 of 2021 s. 322)(9) In the circumstances mentioned in subsection (8)(a) or (b), the Returning Officer—(a) must not declare that candidate as elected; and(b) must publicly declare, under section 46A(3), that the election—(i) has failed; or(ii) (where more than one Member is to be returned at the election for the functional constituency concerned and there is another candidate or there are other candidates returned for the constituency) has failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency. (Added 14 of 2021 s. 322) 52. (Repealed 25 of 2003 s. 35) 52A. System of voting and counting of votes: Election Committee constituency (1) Voting and counting of votes at a poll for the return of Members for the Election Committee constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector may vote for a number of candidates that is equal to the number of vacancies.(2) At a general election, a member of the Election Committee is entitled to cast 40 votes for the candidates validly nominated for election for the Election Committee constituency.(3) At a by-election to fill a vacancy among the Members to be returned for the Election Committee constituency, a member of the Election Committee is entitled to cast the same number of votes as the number of Members to be returned at the by-election.(4) The votes cast by a member of the Election Committee at a general election or at a by-election are valid only if the member has cast all the votes under the member’s entitlement for that general election or by-election as specified in subsection (2) or (3) and no more.(5) The candidates to be returned as Members for the Election Committee constituency at a general election are the 40 candidates who obtain the greatest and next 39 greatest numbers of votes.(6) Subsection (5) applies with any necessary modifications to a by-election to fill vacancies among the Members to be returned for the Election Committee constituency.(7) If, after the counting is finished at an election for the Election Committee constituency, a Member or Members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—(a) the Returning Officer must determine the result of the election for the purpose of returning the Member or Members still to be returned by drawing lots; and(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.(8) Subject to subsection (10), as soon as practicable after determining the result of an election for the Election Committee constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.(9) Subsection (10) applies if, before declaring the result of an election for the Election Committee constituency—(a) proof is given to the satisfaction of the Returning Officer that the candidate or a candidate who was successful at the election (successful candidate) has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a successful candidate is disqualified from being elected.(10) In the circumstances mentioned in subsection (9)(a) or (b), the Returning Officer—(a) must not declare that candidate as elected; and(b) must publicly declare, under section 46A(3), that the election—(i) has failed; or(ii) (where more than one Member is to be returned at the election for the Election Committee constituency and there is another candidate or there are other candidates returned for the constituency) has failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency. (Added 14 of 2021 s. 323) 53. When an elector is disqualified from voting at an election (1) A person registered as an elector for a geographical constituency or functional constituency is disqualified from voting at an election for that constituency if the person— (Amended 14 of 2021 s. 324)(a) in the case of a geographical constituency, has ceased to be eligible to be registered as an elector for such a constituency; or(b) in the case of a functional constituency, has ceased to be a person eligible to be registered as an elector for such a constituency. (Amended 48 of 1999 s. 37)(2)-(3) (Repealed 25 of 2003 s. 36)(3A) A member of the Election Committee is disqualified from voting at an election for the Election Committee constituency if the member falls within any paragraph of section 26 of the Chief Executive Election Ordinance (Cap. 569). (Added 14 of 2021 s. 324)(4) A person is disqualified from voting at an election as the authorized representative of a corporate elector if the person—(a) is no longer eligible to be the authorized representative of the elector; or(b) is not registered as such a representative by the Electoral Registration Officer.(5) An elector is also disqualified from voting at an election if the elector— (Amended 25 of 2003 s. 36)(a)-(c) (Repealed 7 of 2009 s. 8)(d) 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 (Replaced 25 of 2003 s. 36)(e) is a member of the armed forces of the Central People’s Government or any other country or territory.(6) Subsection (5) applies to the authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. 54. Consequences of non-compliance with requirements of this Ordinance In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of—(a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or(b) a mistake in the use of a nomination form,if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541) and that the failure to comply or mistake did not affect the result of the election. 55. Misnomer or inaccuracy not to affect operation of election document (1) A misnomer or inaccurate description of a person, a person’s identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.(2) This section applies to a register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election. 56. Election to be presumed to be valid Every election is presumed to be valid until— (Amended 18 of 2011 s. 5)(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. 5) 57. Election not to be questioned only because of defect in the appointment of an electoral officer An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election. 58. Returning Officer to publish result of election (1) The Returning Officer for an election to return Members for a geographical constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency.(2) The Returning Officer for an election to return a Member or Members for a functional constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the Members duly elected for the constituency.(3) (Repealed 25 of 2003 s. 37)(3A) The Returning Officer for an election to return Members for the Election Committee constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency. (Added 14 of 2021 s. 325)(4) 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). 58A. Candidate declared to be returned is presumed to be duly elected Subject to section 72(1A), a person declared under section 58 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. 6) 59. Offences by electoral officers with respect to conduct of election (1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.(2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.(3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence. 60. Elector not to be required to disclose how vote was cast (1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.(2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.(3) In this section, elector (選民) includes an authorized representative of a corporate elector.(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2. Part 6A Financial Assistance for Candidates in Respect of Election Expenses (Amended 14 of 2021 s. 326)(Part 6A added 25 of 2003 s. 38) 60A. Interpretation: Part 6A (1) In this Part—auditor (核數師) means a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588); (Amended 10 of 2005 s. 231; L.N. 66 of 2022)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), in relation to a candidate, means the amount set out as election expenses incurred by the candidate in the election return lodged for the relevant election; (Replaced 14 of 2021 s. 327)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 Candidate Eligibility Review Committee under section 46A(1)(b) that the candidate is disqualified from being elected; (Amended 14 of 2021 s. 327) elected as a Member (當選為議員), in relation to a candidate, means— (a) a candidate who is declared to be duly elected in a notice published under section 58, unless he or she is determined under section 67(1) or (2) or 70B to be not duly elected; (Amended 18 of 2011 s. 7) (b) a deceased candidate, who is found to be successful at the election under section 46A(3), unless proof is given to the satisfaction of the Candidate Eligibility Review Committee under section 46A(1)(b) that he or she is disqualified from being elected; or (Amended 14 of 2021 s. 327) (c) a candidate who becomes a Member under section 72(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); (Amended 14 of 2021 s. 327) 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 or as a member of any District Council; specified rate (指明的資助額) means the amount specified in Schedule 5.(Amended 1 of 2007 s. 11; 14 of 2021 s. 327)(2) (Repealed 14 of 2021 s. 327)(3) (Repealed 1 of 2007 s. 11)(4) 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 a 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 a constituency is the total number of ballot papers containing valid votes cast for the candidate. (Amended 14 of 2021 s. 327)(5) For the purposes of section 60E(2)(a)—(a) the number of registered electors for a geographical constituency or functional constituency is the number of electors registered for that constituency in the final register of that constituency in force at the time the election is held; and(b) the number of members of the Election Committee is the number of members in the final register of members of the Election Committee (as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569)) in force at the time the election is held. (Replaced 14 of 2021 s. 327) 60B. Financial assistance payable to candidates (Amended 2 of 2011 s. 27; 14 of 2021 s. 328)(1) An eligible candidate for a constituency 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 the candidate. (Replaced 14 of 2021 s. 328)(2) Subject to this Part, financial assistance is payable to an eligible candidate whether or not the candidate represents a political party or an organization that is not a political party or is an independent candidate. (Replaced 14 of 2021 s. 328)(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. 12) 60C. Eligibility for financial assistance Only the following candidates for a constituency are eligible for financial assistance—(a) a candidate who is elected as a Member; or(b) a candidate who is not elected as a 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.(Replaced 14 of 2021 s. 329) 60D. (Repealed 14 of 2021 s. 330) 60E. Amount payable as financial assistance (Amended 2 of 2011 s. 30; 14 of 2021 s. 331)(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 1 of 2007 s. 14; 2 of 2011 s. 30; 14 of 2021 s. 331)(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 may be incurred by or on behalf of the candidate under section 3, 4 or 4A (as applicable) of the Maximum Amount of Election Expenses (Legislative Council Election) Regulation (Cap. 554 sub. leg. D); (Replaced 2 of 2011 s. 30. Amended 14 of 2021 s. 331)(ba) the declared election expenses of the candidate. (Added 2 of 2011 s. 30)(c) (Repealed 1 of 2007 s. 14)(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 1 of 2007 s. 14; 2 of 2011 s. 30; 14 of 2021 s. 331)(a) the amount obtained by—(i) for a geographical constituency or functional constituency—multiplying 50% of the number of registered electors for the constituency by the specified rate; or(ii) for the Election Committee constituency—multiplying 50% of the number of members of the Election Committee by the specified rate; (Replaced 14 of 2021 s. 331)(b) 50% of the maximum amount of election expenses that may be incurred by or on behalf of the candidate under section 3, 4 or 4A (as applicable) of the Maximum Amount of Election Expenses (Legislative Council Election) Regulation (Cap. 554 sub. leg. D); (Replaced 2 of 2011 s. 30. Amended 14 of 2021 s. 331)(ba) the declared election expenses of the candidate. (Added 2 of 2011 s. 30)(c) (Repealed 1 of 2007 s. 14)(3)-(4) (Repealed 1 of 2007 s. 14)(Amended 1 of 2007 s. 14) 60F. Entitlement to financial assistance not affected by failure of election (Amended 14 of 2021 s. 332)(1) A declaration by the Returning Officer under section 46A(3)(a) or (b) that an election has failed does not affect any entitlement to financial assistance under this Part.(2) (Repealed 14 of 2021 s. 332) 60G. Financial assistance to be paid out of general revenue An amount payable as financial assistance under this Part is a charge on, and is to be met from, the general revenue. 60H. Recovery of payment of financial assistance (1) Where a payment of financial assistance is made under this Part and the recipient is not entitled to receive the whole or part of the amount paid— (Amended 14 of 2021 s. 333)(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) (Repealed 14 of 2021 s. 333)(4) If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that candidate is liable to the extent of the deceased candidate’s liability. (Amended 14 of 2021 s. 333)(5) 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. 60I. How financial assistance is to be claimed and paid (1) A claim must be—(a) presented to the Chief Electoral Officer within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) for lodging an election return; and(b) accompanied by an election return, with the accounts of the declared election expenses audited by an auditor. (Amended 1 of 2007 s. 15)(2) A payment of financial assistance is to be made by the Chief Electoral Officer.(3) A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). The manner of payment must also be in accordance with those regulations.(4) 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 be made for the benefit of the estate.(5) 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 be made for the benefit of the estate.(6) 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. 60J. (Repealed 14 of 2021 s. 334) Part 7 Election Petitions 61. Election may be questioned only by election petition made on specified grounds (1) An election to return a Member may be questioned only on the following grounds—(a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) to have been elected as a Member at the election was not duly elected because—(i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or(ii) corrupt or illegal conduct was engaged in by or in respect of that person at or in connection with the election; or (Amended 10 of 2000 s. 47)(iii) corrupt or illegal conduct was generally prevalent at or in connection with the election; or (Amended 10 of 2000 s. 47)(iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or(b) a ground specified in any other enactment that enables an election to be questioned.(2) An election to return a Member may be questioned only by an election petition lodged under section 62.(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)— (a) is to be construed subject to section 3B; and (b) subject to paragraph (a), includes nomination proceedings and the decisions of the Candidate Eligibility Review Committee, the Returning Officer or any Assistant Returning Officer. (Replaced 14 of 2021 s. 335) 62. Who may lodge election petition (1) An election petition may be lodged, in the case of an election for a geographical constituency or functional constituency— (Amended 14 of 2021 s. 336)(a) by 10 or more electors entitled to vote at the election; or(b) by a person claiming to have been a candidate in the election.(2) (Repealed 25 of 2003 s. 39)(3) An election petition may be lodged, in the case of an election for the Election Committee constituency—(a) by 10 or more members of the Election Committee entitled to vote at the election; or(b) by a person claiming to have been a candidate in the election. (Added 14 of 2021 s. 336) 63. Who may be made respondent to election petition (1) The following persons may be made a respondent to an election petition—(a) a person whose election is questioned by the petition;(b) the Returning Officer; and(c) if grounds for the petition relate to a decision of the Candidate Eligibility Review Committee—the Candidate Eligibility Review Committee. (Replaced 14 of 2021 s. 337)(2) Two or more candidates at an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition is taken to be a separate election petition against each respondent. 64. Court to have jurisdiction to determine election petitions (1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.(2) An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.(3) The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions. 65. Period within which election petition and appeal must be lodged (Amended 18 of 2011 s. 8)(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. 8)(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. 8)(3) In subsection (2)—working day (工作日) means any day other than—(a) a general holiday;(b) a black rainstorm warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or(c) a gale warning day as defined by that section. (Added 13 of 2021 s. 20) 66. Court may direct security to be given for costs (1) Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner’s behalf or to any respondent.(2) The amount of security to be given under this section is to be of such amount, not exceeding $20,000, as the Court directs. That amount is to be provided in such manner and form as the Court directs.(3) An election petition is taken to have been withdrawn if this section is not complied with. 67. Court to determine election petition (1) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Candidate Eligibility Review Committee as to the validity of a nomination was correct and, if not correct, determine whether the person declared by the Returning Officer to have been elected in that election was or was not duly elected. (Amended 14 of 2021 s. 338)(2) At the end of the trial of an election petition in relation 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. 9)(4) (Repealed 18 of 2011 s. 9)(5) The Court may, on its own initiative, provide the Secretary for Constitutional and Mainland Affairs, or the Electoral Affairs Commission or the Clerk to the Legislative Council 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 or the Electoral Affairs Commission 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) Editorial Note: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. 68. What happens if election petition is withdrawn (1) Subject to section 66(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. (Amended 48 of 1999 s. 40)(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. (Amended 48 of 1999 s. 40)(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 66 in the case of an original 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(aa) the election petition is taken to have been withdrawn under section 66(3); or (Added 48 of 1999 s. 40)(b) 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. 69. When an election petition is terminated (1) If an election petition is lodged by a natural person, the petition is terminated by the person’s death.(2) If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner—(a) (where that petitioner is a natural person) dies; or(b) (where that petitioner is a body) ceases to exist.(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 a 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. 70. When respondent can withdraw from election proceedings and be substituted (1) If, before the trial of an election petition, a respondent other than a Returning Officer—(a) dies, resigns or otherwise ceases to hold the office to which the petition relates; or(b) gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition, that Registrar must publish in the Gazette a notice of that fact.(2) Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.(3) A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition. 70A. Court’s determination of election petition suspended before deadline of appeal The effect of the determination of the Court of an election petition is suspended until the expiry of the period within which notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal against the determination may be filed under section 65(2).(Added 18 of 2011 s. 10) 70B.

Court of Final Appeal’s determination At the end of the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal must—(a) determine—(i) if the election petition relates to an election that was not contested—(A) whether the decision of the Candidate Eligibility Review Committee as to the validity of the relevant nomination was correct; and (Amended 14 of 2021 s. 339)(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. 10) 71. Acts of person not invalid if determined not duly elected If the Court or the Court of Final Appeal determines that a person who was originally declared to have been duly elected as a Member was not duly elected as a Member, the determination does not invalidate acts purporting to have been done by the person as a Member before the date on which the written judgment of the Court or the Court of Final Appeal, as the case may be, is handed down.(Replaced 18 of 2011 s. 11) 72. What is to happen if Member is determined not to have been duly elected (1) If, on the hearing of an election petition, the Court determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member— (Amended 18 of 2011 s. 12)(a) subject to subsection (1A) and section 70A, that person ceases to be a Member; and(b) subject to subsection (2), that person’s office as a Member becomes vacant from the date on which the written judgment of the Court is handed down.(1A) If—(a) the Court determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member; and(b) the person lodges an appeal under section 22(1)(c) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) against the determination,the person continues, subject to subsections (3) and (5), to be a Member. (Added 18 of 2011 s. 12)(2) If, on the hearing of an election petition, the Court determines that a person was duly elected as a Member in place of a person that the Court has determined not to have been duly elected at the election, subject to subsection (1A) and section 70A, the first-mentioned person becomes a Member from the date on which the written judgment of the Court is handed down.(3) If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member—(a) that person ceases to be a Member; and(b) subject to subsection (4), that person’s office as a Member becomes vacant from the date on which the written judgment of the Court of Final Appeal is handed down. (Added 18 of 2011 s. 12)(4) If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person was duly elected as a Member in place of a person that the Court of Final Appeal has determined not to have been duly elected as a Member, the first-mentioned person becomes a Member from the date on which the written judgment of the Court of Final Appeal is handed down. (Added 18 of 2011 s. 12)(5) If the Court determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member and the person lodges an appeal under section 22(1)(c) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) against the determination, the person—(a) ceases, if an application to withdraw an application for leave to appeal or an application to withdraw an appeal is made under rule 11 or 17 (as the case may be) of the Hong Kong Court of Final Appeal Rules (Cap. 484 sub. leg. A) in relation to the appeal and an order is made by the Court of Final Appeal granting the application, to be a Member on the date on which the order is made by the Court of Final Appeal; or(b) ceases, if the appeal proceedings are terminated in other circumstances, to be a Member on the date on which the appeal proceedings are terminated,and the determination of the Court against which the appeal is lodged stands from that date. (Added 18 of 2011 s. 12)(Amended 18 of 2011 s. 12) Part 8 Other Legal Proceedings 73. Proceedings against persons on grounds of disqualification (1) An elector, or the Secretary for Justice, may bring proceedings in the Court against any person who is acting, 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 by an elector after 6 months from the date on which the person concerned acted, or claimed to be entitled to act, as a Member. (Amended 13 of 2021 s. 21)(2A) Immediately after proceedings are brought by the Secretary for Justice under this section against a person on the ground that the person is disqualified from acting as a Member—(a) for breach of an oath taken under section 19 of the Oaths and Declarations Ordinance (Cap. 11); or(b) for failure to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China,the person’s functions and duties as a Member are suspended until the decision of the Court in the proceedings becomes final. (Added 13 of 2021 s. 21)(2B) For the purposes of subsection (2A), a decision of the Court becomes final—(a) if no motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(d) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is filed by the end of the period specified under subsection (4B)—when that period expires; or(b) if, before the end of that period, motion for the purpose of such an application is filed—(i) when the application is abandoned or otherwise ceases to have effect;(ii) when the application is refused; or(iii) if the application is granted—(A) when the appeal is abandoned or otherwise ceases to have effect; or(B) when the appeal is determined. (Added 13 of 2021 s. 21)(2C) If a person’s functions and duties as a Member are suspended under subsection (2A), the person—(a) must not act as a Member;(b) must neither exercise any function nor perform any duty of a Member;(c) must not enjoy any corresponding entitlement; and(d) is not to be regarded as a Member for the purposes of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382). (Added 13 of 2021 s. 21)(2D) The Court may, on the application of a person whose functions and duties as a Member are suspended under subsection (2A), lift the suspension. (Added 13 of 2021 s. 21)(2E) If a person acts, or claims to be entitled to act, as a Member while his or her functions and duties as a Member are suspended under subsection (2A), the Secretary for Justice may apply to the Court for an interim injunction restraining the person from so acting or claiming. (Added 13 of 2021 s. 21)(3) If, in proceedings brought under this section, it is proved that the defendant acted as a Member while disqualified from acting in that office, the Court may—(a) make a declaration to that effect; and(b) grant an injunction restraining the defendant from so acting; and(c) order the defendant to pay to the Government such sum as the Court thinks appropriate, not exceeding $5,000 for each occasion on which the person so acted while disqualified.(4) If, in proceedings brought under this section, it is proved that the defendant claimed to be entitled to act as a Member while disqualified from acting in that office, the Court may—(a) make a declaration to that effect; and(b) grant an injunction restraining the defendant from so acting.(4A) If, in proceedings brought under this section, it is proved that the defendant was disqualified from acting as a Member beginning on a date, the defendant ceased to be entitled to any corresponding entitlement beginning on that date. (Added 13 of 2021 s. 21)(4B) Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(d) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 13 of 2021 s. 21)(5) Proceedings brought under this section by a person other than the Secretary for Justice are to be stayed until the person has given security for all costs that the person may be ordered to pay to any witness giving evidence in the proceedings on that person’s behalf or to a defendant.(6) The amount of security to be given under this section—(a) is to be determined by the Court, but must not exceed $20,000; and(b) is to be in such manner and form as the Court directs.(7) Proceedings against a person on the ground that the person has, while disqualified from acting as, or claimed to have been entitled to act, as a Member may be brought only in accordance with this section.(8) 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.(9) In subsection (4B)—working day (工作日) means any day other than—(a) a general holiday;(b) a black rainstorm warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or(c) a gale warning day as defined by that section. (Added 13 of 2021 s. 21) 74. Period within which complaint or information is to be laid Except as otherwise provided by this Ordinance, a complaint or information alleging the commission of an offence against this Ordinance must be laid within 3 years from the date of the alleged commission. Part 9 Appointment and Functions of Officers 75. Appointment of Electoral Registration Officer and assistants (1) The Chief Executive must appoint an Electoral Registration Officer and such number of Assistant Electoral Registration Officers as appears to the Chief Executive to be necessary for the purposes of registering persons as electors at elections to return Members. (Amended 21 of 2001 s. 68)(2) The Electoral Registration Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.(3) An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer, exercise and perform the functions and duties of Electoral Registration Officer.(4) The Secretary for Constitutional and Mainland Affairs must publish in the Gazette notice of the appointment of a person as Electoral Registration Officer and the Officer’s address. (Amended L.N. 130 of 2007)(5) 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.(6) 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. Editorial Note: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. 76. Electoral Registration Officer may specify forms The Electoral Registration Officer may specify the form of any application, notice, return, record or other document required for the purposes of Part 5.(Amended 21 of 2001 s. 69; E.R. 2 of 2012) 77. Appointment of Revising Officer (1) The Chief Justice may appoint an eligible person to be a Revising Officer for the purposes of this Ordinance. (Amended 1 of 2019 s. 71)(2) If no appointment is made under subsection (1), the Registrar of the High Court is taken to be a Revising Officer.(3) A Revising Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.(4) A Revising Officer has, when exercising or performing the Officer’s functions and duties, the powers and immunities of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates Ordinance (Cap. 227).(5) In subsection (1)— eligible person (合資格人士) means— (a) a magistrate; (b) a former magistrate; (c) a retired magistrate; or (d) a legal officer as defined by section 2 of the Legal Officers Ordinance (Cap. 87). (Added 1 of 2019 s. 71) 78. Appointment of Returning Officers and assistants (1) The Electoral Affairs Commission must appoint for each constituency a number of Returning Officers and Assistant Returning Officers that the Commission considers to be necessary to enable an election to be held in the constituency, but only 1 Returning Officer may be appointed for each geographical constituency or functional constituency. (Replaced 14 of 2021 s. 340)(2) (Repealed 21 of 2001 s. 70)(3) A Returning Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.(3A) If more than one Returning Officer is appointed for the Election Committee constituency, a function or duty of the Returning Officer for that constituency may be exercised or performed by any one of the Returning Officers appointed. (Added 14 of 2021 s. 340)(4) An Assistant Returning Officer may, with the authority of the Returning Officer concerned, exercise and perform the functions and duties of Returning Officer.(5) The Electoral Affairs Commission must publish in the Gazette a notice of the appointment of a Returning Officer and that Officer’s address.(6) 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.(7) Expenses properly incurred by a Returning Officer or the Candidate Eligibility Review Committee in exercising or performing the Officer’s or Committee’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. (Amended 14 of 2021 s. 340) 79. Offence to obstruct or hinder electoral officers or Candidate Eligibility Review Committee (Amended 14 of 2021 s. 341)A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer or the Candidate Eligibility Review Committee in the exercise of a function conferred, or the performance of a duty imposed, by or under this Ordinance commits an offence and is liable on conviction to a fine at level 5.(Amended 14 of 2021 s. 341) 80. Chief Executive may give directions as to exercise or performance of electoral officers’ functions and duties (1) The Chief Executive may give directions, either generally or in any particular case, with respect to the exercise or performance by an electoral officer of any of the officer’s functions or duties under this Ordinance with respect to the holding or conduct of an election. The directions have no effect to the extent that they are inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541).(2) An electoral officer must, when exercising or performing a function or duty under this Ordinance, comply with any direction given by the Chief Executive under this section with respect to the exercise or performance of the function or duty. 81. Death or incapacity of electoral officer not to terminate authority Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance. Part 10 Subsidiary Legislation 82. Chief Executive in Council may make regulations (1) The Chief Executive in Council may make regulations for the better carrying out of the purposes of this Ordinance.(2) In particular, a regulation under this section may provide for all or any of the following—(a) the number or qualifications of subscribers required to complete a nomination 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; and(d) the functions and duties of a Revising Officer; and(e) appeals to a Revising Officer. (Amended 14 of 2021 s. 342)(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.(5) (Repealed 21 of 2001 s. 71) 83. Chief Executive in Council may amend Schedules 1, 1A, 1B, 1C and 1D (Amended 14 of 2021 s. 343)(1) The Chief Executive in Council may, subject to the approval of the Legislative Council, by order published in the Gazette, amend Schedules 1, 1A, 1B, 1C and 1D. (Amended 48 of 1999 s. 42; 21 of 2001 s. 72; 14 of 2021 s. 343)(2) (Repealed 48 of 1999 s. 42) 83A. Chief Executive in Council may amend Schedule 5 The Chief Executive in Council may by order published in the Gazette amend Schedule 5.(Added 25 of 2003 s. 42) Part 11 Miscellaneous 84. (Omitted as spent—E.R. 3 of 2021) 85. (Omitted as spent—E.R. 2 of 2012) Schedule 1 [ss. 20B & 83] (Amended 14 of 2021 s. 344)Composition of the Agriculture and Fisheries Functional Constituency Item Body composing the constituency 1. Aberdeen Fishermen Friendship Association (Amended 10 of 2006 s. 34) 2. The Ap Lei Chau Fishermen’s Credit Co-operative Society, Unlimited 3. The Castle Peak Fishermen’s Credit Co-operative Society, Unlimited 4. The Castle Peak Mechanized Trawler Fishermen’s Credit Co-operative Society, Unlimited 5. Cheung Chau Fisheries Joint Association 6. Cheung Chau Fishermen’s Welfare Promotion Association 7. The Fanling Kwun Ti Village Farmers’ Irrigation Co-operative Society, Ltd. 8. Fish Farming and Stuff Association 9. Fisherman’s Association of Po Toi Island 10. Fishery Development Association (Hong Kong) Limited 11. Fraternal Association of The Floating Population of Hong Kong 12. The Guild of Graziers 13. Hang Hau Grazier Association 14. Hong Kong and Kowloon Fishermen Association Ltd. 15. Hong Kong & Kowloon Floating Fishermen Welfare Promotion Association 16. Hong Kong Fisheries Development Association (Amended 10 of 2006 s. 34) 17. Hong Kong Fishermen’s Association 18. Hong Kong Fishing Vessel Owners Association, Ltd. 19. Hong Kong Florists Association 20. Hong Kong Graziers Union 21. Hong Kong Liner & Gill Netting Fisherman Association (Amended 10 of 2006 s. 34) 22. Hong Kong Livestock Industry Association 23. Hong Kong N.T. Fish Culture Association 24. Hong Kong N.T. Poultry (Geese & Ducks) Mutual Association (Amended 10 of 2006 s. 34) 25. Hong Kong Netting, Cultivation and Fisherman Association 26. (Repealed 2 of 2011 s. 32) 27. Hong Kong Off-shore Fishermen’s Association 28. (Repealed 11 of 2012 s. 35) 29. The Lam Ti Agricultural Credit Co-operative Society, Limited 30. Lamma Island Lo Dik Wan Aquaculture Association 31. (Repealed 25 of 2003 s. 43) 32. Lau Fau Shan Oyster Industry Association, New Territories 33. Ma Wan Fisheries Rights Association Ltd. 34. The Mui Wo Agricultural Products Marketing & Credit Co-operative Society, Ltd. 35. Mui Wo Fishermen Fraternity Society 36. N.T. Oyster and Aquatic Products United Association 37. The New Territories Chicken Breeders Association, Ltd. 38. The New Territories Fishermen Fraternity Association Ltd. 39. New Territories Florist Association, Ltd. 40. North District Florists Association 41. Outlying Islands Mariculture Association (Cheung Chau) 42. Peng Chau Fishermen Association Ltd. 43. Quality Broiler Development Association 44. (Repealed 25 of 2003 s. 43) 45. (Repealed 15 of 2016 s. 11) 46. Sai Kung (North) Sham Wan Marine Fish Culture Business Association 47. Sai Kung Po Toi O Fish Culture Business Association 48. Sai Kung Tai Tau Chau Fish Culture Business Association 49. Sai Kung Tai Wu Kok Fishermen’s Association 50. The Sha Tau Kok Marine Fish Culture Association (Amended 10 of 2006 s. 34) 51. The Sha Tau Kok Small Long Liner and Gill Net Fishermen’s Credit Co-operative Society, Unlimited 52. The Shan Tong Vegetable Marketing Co-operative Society, Ltd. 53. Shatin Ah Kung Kok Fishermen Welfare Association 54. Shatin Florists Association 55. Shau Kei Wan Deep Sea Capture Fishermen’s Credit Co-operative Society, Unlimited (Amended 11 of 2019 s. 7) 56. Shau Kei Wan Fishermen Friendship Association 57. Shau Kei Wan Pair Trawler Fishermen’s Credit Co-operative Society, Unlimited (Amended 11 of 2019 s. 7) 58. The Shau Kei Wan Trawler Fishermen’s Credit Co-operative Society, Unlimited 59. (Repealed 7 of 2008 s. 6) 60. Tai O Fishermen (Coastal Fishery) Association 61. The Tai O Sha Chai Min Fishermen’s Credit Co-operative Society, Unlimited 62. The Tai Po Fishermen’s Credit Co-operative Society, Unlimited 63. Tai Po Florists and Horticulturists Association 64. (Repealed 10 of 2006 s. 46) 65. The Tai Po Purse Seiner and Small Long Liner Fishermen’s Credit Co-operative Society, Unlimited 66. (Repealed 11 of 2019 s. 7) 67. The Tsuen Wan Fishermen’s Credit Co-operative Society, Unlimited 68. The Tuen Mun Mechanized Fishing Boat Fishermen’s Credit Co-operative Society, Unlimited (Replaced 25 of 2003 s. 43) 69. Tuen Mun Agricultural Association 70. Tung Lung Chau Mariculture Association 71. The Hong Kong Branch of the World’s Poultry Science Association (Replaced 7 of 2008 s. 6) 72. (Repealed 10 of 2006 s. 46) 73. Yuen Long Agriculture Productivity Association (Amended 10 of 2006 s. 34) 74. Yung Shue Au Marine Fish Culture Business Association 75. (Repealed 25 of 2003 s. 43) 76. Tsing Yi Residents Association (Replaced 10 of 2006 s. 34) 77. 荃灣葵青居民聯會(漁民組)* 78. 荃灣葵青漁民會# 79. The Shau Kei Wan Stern Trawler Fishermen’s Credit Co-operative Society, Unlimited (Added 25 of 2003 s. 43) 80. Sustainable Ecological Ethical Development Foundation Limited (Added 25 of 2003 s. 43. Amended 2 of 2011 s. 32) 81. N.T. North District Fishermen’s Association (Added 25 of 2003 s. 43) 82. Tai Po Off Shore Fishermen’s Association (Added 25 of 2003 s. 43) 83. Aberdeen Fisherwomen Association (Added 25 of 2003 s. 43) 84. 香港新界本地農協會＋ (Added 11 of 2019 s. 7. Amended E.R. 4 of 2020) 85. The Hong Kong Veterinary Association Limited (Added 11 of 2019 s. 7. Amended E.R. 4 of 2020) (Replaced 48 of 1999 s. 43. Amended E.R. 5 of 2019; 14 of 2021 s. 344) Editorial Note: * The English translation of “荃灣葵青居民聯會(漁民組)” is “Tsuen Wan Kwai Tsing Residents Assn (Fishermen Unit)”. # The English translation of “荃灣葵青漁民會” is “Tsuen Wan & Kwai Ching Fishermen Association”. ＋ The English translation of “香港新界本地農協會” is “Hong Kong New Territories Local Farmers Association”. Schedule 1A [ss. 20D & 83] (Amended 14 of 2021 s. 345)Composition of the Transport Functional Constituency Item Body composing the constituency 1. Parking Management and Consultancy Services Limited (Replaced 7 of 2008 s. 7) 2. Airport Authority (Amended 14 of 2021 s. 345) 3. (Repealed 25 of 2003 s. 44) 4. Hong Kong Driver’s Training Association (Replaced 14 of 2015 s. 11) 5. The Association of N.T. Radio Taxicabs Ltd. 6. Autotoll Limited 7. The Chartered Institute of Logistics and Transport in Hong Kong (Replaced 25 of 2003 s. 44) 8. China Merchants Shipping & Enterprises Co. Ltd. 9. (Repealed 14 of 2015 s. 11) 10. Chu Kong Shipping Enterprises (Holdings) Co. Ltd. 11. Chuen Kee Ferry Limited (Amended 14 of 2021 s. 345) 12. Chuen Lee Radio Taxis Association Ltd. 13. Citybus Ltd. 14. Coral Sea Ferry Service Co., Ltd. 15. COSCO-HIT Terminals (Hong Kong) Limited 16. CTOD Association Company Ltd. 17. Turbojet Ferry Services (Guangzhou) Limited (Replaced 25 of 2003 s. 44) 18. Discovery Bay Transportation Services Ltd. 19. Driving Instructors Merchants Association, Limited (Replaced 7 of 2008 s. 7) 20. Eastern Ferry Company Limited (Amended 14 of 2021 s. 345) 21. Expert Fortune Ltd. 22. Far East Hydrofoil Co. Ltd. 23. Fat Kee Stevedores Ltd. 24. The Fraternity Association of N.T. Taxi Merchants 25. Fraternity Taxi Owners Association 26. G.M.B. Maxicab Operators General Association Ltd. 27. The Goods Vehicle Fleet Owners Association Ltd. 28. Happy Taxi Operator’s Association Ltd. 29. (Repealed 10 of 2006 s. 47) 30. Hoi Kong Container Services Co. Ltd. 31. (Repealed 25 of 2003 s. 44) 32. Hon Wah Public Light Bus Association Ltd. 33. Hong Kong Air Cargo Terminals Limited 34. Hong Kong & Kowloon Ferry Ltd. 35. Hong Kong Kowloon Goods Vehicles, Omnibuses and Minibuses Instructors Association Limited (Replaced 11 of 2012 s. 36) 36. Hong Kong & Kowloon Motor Boats & Tug Boats Association Limited (Replaced 11 of 2012 s. 36) 37. Hong Kong & Kowloon Radio Car Owners Association Ltd. 38. Hong Kong and Kowloon Rich Radio Car Service Centre Association Ltd. 39. (Repealed 14 of 2015 s. 11) 40. HongKong Association of Freight Forwarding and Logistics Limited (Replaced 25 of 2003 s. 44) 41. Hong Kong Automobile Association 42. The Hong Kong Cargo-Vessel Traders’ Association Ltd. 43. Hong Kong Commercial Vehicle Driving Instructors Association (Replaced 25 of 2003 s. 44) 44. Hong Kong CFS and Logistics Association Limited (Replaced 25 of 2003 s. 44) 45. Hong Kong Container Tractor Owner Association Ltd. 46. Hong Kong Driving Instructors’ Association (Amended 11 of 2012 s. 36) 47. Hong Kong Guangdong Transportation Association Ltd. 48. The Hong Kong Institute of Marine Technology 49. Hong Kong, Kowloon & NT Public & Maxicab Light Bus Merchants’ United Association 50. Hong Kong Taxi Owners’ Association Limited (Replaced 14 of 2015 s. 11) 51. The Hong Kong Liner Shipping Association 52. (Repealed 11 of 2019 s. 8) 53. H.K. Motor Car Driving Instructors’ Association Limited (Replaced 14 of 2021 s. 345) 54. Hong Kong Pilots Association Ltd. 55. Hong Kong Public & Maxicab Light Bus United Associations 56. Hong Kong Public Cargo Working Areas Traders Association Ltd. 57. Hong Kong Scheduled (GMB) Licensee Association 58. The Hong Kong School of Motoring Ltd. 59. Hong Kong Sea Transport and Logistics Association Limited (Amended 10 of 2006 s. 43) 60. The Hong Kong Shipowners Association Ltd. 61. Hong Kong Shipping Circles Association Ltd. 62. Hong Kong Shipping Industry Institute 63. Hong Kong Logistics Management Staff Association (Amended 10 of 2006 s. 43) 64. (Repealed 11 of 2019 s. 8) 65. The Hong Kong Stevedores Employers’ Association 66. Hong Kong Tele-call Taxi Association 67. Hong Kong Tramways, Limited (Replaced 25 of 2003 s. 44) 68. Hong Kong Transportation Warehouse Wharf Club 69. (Repealed 14 of 2015 s. 11) 70. The Hongkong & Yaumati Ferry Co., Ltd. 71. Hongkong International Terminals Ltd. 72. (Repealed 25 of 2003 s. 44) 73. Institute of Advanced Motorists (Hong Kong) Limited (Replaced 25 of 2003 s. 44) 74. Institute of Seatransport (Amended 14 of 2015 s. 11) 75. Institute of Transport Administration (Hong Kong, China) (Amended 11 of 2012 s. 36) 76. Kowloon Fung Wong Public Light Bus Merchants & Workers’ Association Ltd. 77. The Kowloon Motor Bus Company (1933) Limited (Amended 2 of 2011 s. 33) 78. Kowloon Motor Driving Instructors’ Association Ltd. 79. The Kowloon PLB Chiu Chow Traders & Workers Friendly Association 80. The Kowloon Taxi Owners Association Ltd. 81. Kowloon Truck Merchants Association Ltd. 82. (Repealed 7 of 2008 s. 7) 83. Kwik Park Limited 84. Lam Tin Wai Hoi Public Light Bus Association (Amended 10 of 2006 s. 43) 85. Lantau Taxi Association 86. Lei Yue Mun Ko Chiu Road Public Light Bus Merchants Association Ltd. 87. Lok Ma Chau China—Hong Kong Freight Association 88. Long Win Bus Company Limited 89. (Repealed 14 of 2015 s. 11) 90. Mack & Co. Carpark Management Limited 91. Marine Excursion Association Limited (Amended 10 of 2006 s. 43) 92. Maritime Affairs Research Association Ltd. 93. MTR Corporation Limited (Amended 13 of 2000 s. 65) 94. Merchant Navy Officers’ Guild—Hong Kong 95. Metropark Limited 96. Mid-stream Holdings (HK) Limited 97. Mixer Truck Drivers Association 98. Modern Terminals Ltd. 99. (Repealed 14 of 2021 s. 345) 100. N.T. San Tin PLB (17) Owners Association 101. N.T. Taxi Merchants Association Ltd. 102. N.T. Taxi Owners & Drivers Fraternal Association 103. (Repealed 14 of 2021 s. 345) 104. N.W. Area Taxi Drivers & Operators Association 105. (Repealed 14 of 2021 s. 345) 106. New Lantao Bus Co., (1973) Ltd. 107. New Territories Cargo Transport Association Ltd. 108. New World First Bus Services Limited 109. North District Taxi Merchants Association 110. Organisation of Hong Kong Drivers 111. (Repealed 10 of 2006 s. 47) 112. (Repealed 11 of 2019 s. 8) 113. (Repealed 2 of 2011 s. 33) 114. (Repealed 25 of 2003 s. 44) 115. (Repealed 15 of 2016 s. 12) 116. Public and Private Light Buses Driving Instructors’ Society 117. The Public Cargo Area Trade Association 118. Public Light Bus General Association 119. The Public Omnibus Operators Association Ltd. 120. Public Vehicle Merchants Fraternity Association 121. (Repealed 11 of 2019 s. 8) 122. (Repealed 15 of 2016 s. 12) 123. River Trade Terminal Co. Ltd. 124. (Repealed 3 of 2025 s. 22) 125. (Repealed 14 of 2021 s. 345) 126. Sai Kung Taxi Operators Association Ltd. 127. (Repealed 10 of 2006 s. 47) 128. CSX World Terminals Hong Kong Limited (Replaced 25 of 2003 s. 44) 129. Serco Group (HK) Limited (Replaced 25 of 2003 s. 44) 130. (Repealed 25 of 2003 s. 44) 131. The “Star” Ferry Co., Ltd. 132. Sun Hing Taxi Radio Association 133. (Repealed 25 of 2003 s. 44) 134. Taxi Association Limited (Replaced 7 of 2008 s. 7) 135. (Repealed 9 of 2018 s. 17) 136. (Repealed 14 of 2021 s. 345) 137. Taxi Dealers & Owners Association Ltd. 138. (Repealed 15 of 2016 s. 12) 139. The Taxi Operators Association Ltd. 140. (Repealed 14 of 2021 s. 345) 141. Transport Infrastructure Management Limited (Replaced 7 of 2008 s. 7) 142. (Repealed 11 of 2019 s. 8) 143. Tuen Mun Public Light Bus Association (Amended 10 of 2006 s. 43) 144. Tung Yee Shipbuilding and Repairing Merchants General Association Limited (Replaced 25 of 2003 s. 44) 145. (Repealed 2 of 2011 s. 33) 146. United Friendship Taxi Owners & Drivers Association Ltd. 147. (Repealed 15 of 2016 s. 12) 148. (Repealed 14 of 2015 s. 11) 149. Wai Fat Taxi Owners Association Ltd. 150. Wai Yik Hong Kong & Kowloon & NT Taxi Owners Association (Replaced 25 of 2003 s. 44. Amended 14 of 2021 s. 345) 151. West Coast International (Parking) Limited 152. (Repealed 18 of 2023 s. 27) 153. Wilson Parking (Hong Kong) Limited 154. Wing Lee Radio Car Traders Association Ltd. 155. Wing Tai Car Owners & Drivers Association Ltd. 156. (Repealed 25 of 2003 s. 44) 157. Wu Gang Shipping Co. Ltd. 158. Xiamen United Enterprises (H.K.) Ltd. 159. (Repealed 15 of 2016 s. 12) 160. School Buses Operators Association Limited (Amended 10 of 2006 s. 43) 161. (Repealed 10 of 2006 s. 47) 162. (Repealed 15 of 2016 s. 12) 163. Sun Ferry Services Company Limited (Replaced 14 of 2021 s. 345) 164. Shun Tak-China Travel Macau Ferries Limited (Replaced 14 of 2015 s. 11) 165. Hong Kong Container Drayage Services Association Limited (Added 25 of 2003 s. 44) 166. Hong Kong Kowloon & N.T. Grab-Mounted Lorries Association Limited (Added 25 of 2003 s. 44) 167. Hong Kong Waste Disposal Industry Association (Added 25 of 2003 s. 44) 168. HK Public-light Bus Owner & Driver Association (Added 25 of 2003 s. 44) 169. Logistics Industry & Container Truck Drivers Union (Replaced 14 of 2015 s. 11) 170. The Concrete Producers Association of Hong Kong Limited (Added 25 of 2003 s. 44) 171. Hongkong Guangdong Boundary Crossing Bus Association Limited (Added 25 of 2003 s. 44) 172. Tsui Wah Ferry Service Company Limited (Added 25 of 2003 s. 44) 173. Quality Driver Training Centre Limited (Added 25 of 2003 s. 44) 174. Public and Private Commercial Driving Instructors’ Society (Added 25 of 2003 s. 44) 175. Shun Tak-China Travel Ship Management Limited (Added 25 of 2003 s. 44) 176. Cruise Ferries (HK) Limited (Added 25 of 2003 s. 44) 177. Asia Airfreight Terminal Company Limited (Added 25 of 2003 s. 44) 178. The Hong Kong Joint Branch of The Royal Institution of Naval Architects and The Institute of Marine Engineering, Science and Technology (Added 25 of 2003 s. 44) 179. The Hongkong Salvage & Towage Company Limited (Added 25 of 2003 s. 44) 180. The Institute of Chartered Shipbrokers, Hong Kong Branch (Added 25 of 2003 s. 44) 181. Hongkong United Dockyards Limited (Added 25 of 2003 s. 44) 182. Guangdong and Hong Kong Feeder Association Limited (Added 25 of 2003 s. 44) 183. Hong Kong Right Hand Drive Motors Association Limited (Added 25 of 2003 s. 44) 184. The Institute of the Motor Industry Hong Kong (Added 25 of 2003 s. 44) 185. Hong Kong Vehicle Repair Merchants Association Limited (Added 25 of 2003 s. 44) 186. Environmental Vehicle Repairers Association Limited (Added 25 of 2003 s. 44) 187. The Hong Kong Taxi and Public Light Bus Association Limited (Added 25 of 2003 s. 44) 188. Park Island Transport Company Limited (Added 25 of 2003 s. 44) 189. Discovery Bay Road Tunnel Company Limited (Added 25 of 2003 s. 44) 190. International Association of Transport Officers (Added 25 of 2003 s. 44) 191. Hong Kong Express Airways Limited (Added 25 of 2003 s. 44. Amended 10 of 2006 s. 43) 192. Hong Kong (Cross Border) Transportation Drivers’ Association (Added 25 of 2003 s. 44) 193. Hong Kong Logistics Association Limited (Added 25 of 2003 s. 44) 194. Hong Kong Container Depot and Repairer Association Limited (Added 25 of 2003 s. 44) 195. New World Parking Management Limited (Added 25 of 2003 s. 44) 196. The Nautical Institute—Hong Kong Branch (Added 25 of 2003 s. 44) 197. (Repealed 11 of 2012 s. 36) 198. Worldwide Flight Services, Inc. (Added 25 of 2003 s. 44) 199. NT Taxi Operations Union (Added 2 of 2011 s. 33) 200. Sun Star Taxi Operators Association (Added 2 of 2011 s. 33. Amended 15 of 2016 s. 12) 201. Taxi & P.L.B. Concern Group (Added 2 of 2011 s. 33) 202. Tai Wo Motors Limited (Added 2 of 2011 s. 33) 203. Tuen Mun District Tourists and Passengers Omnibus Operators Association Limited (Added 2 of 2011 s. 33) 204. Tsuen Wan District Tourists and Passengers Omnibus Operators Association Limited (Added 2 of 2011 s. 33) 205. Yuen Long District Tourists and Passengers Omnibus Operators Association Limited (Added 2 of 2011 s. 33) 206. Kowloon District Tourists and Passengers Omnibus Operators Association Limited (Added 2 of 2011 s. 33) 207. Hong Kong District Tourists and Passengers Omnibus Operators Association Limited (Added 2 of 2011 s. 33) 208. Sino Parking Services Limited (Added 2 of 2011 s. 33) 209. Urban Parking Limited (Added 2 of 2011 s. 33) 210. Greater Lucky (HK) Company Limited (Added 2 of 2011 s. 33) 211. China Hongkong and Macau Boundary Crossing Bus Association Limited (Added 2 of 2011 s. 33) 212. Ground Support Engineering Limited (Added 2 of 2011 s. 33) 213. Cathay Pacific Services Limited (Added 2 of 2011 s. 33) 214. Cathay Pacific Catering Services (H.K.) Limited (Added 2 of 2011 s. 33) 215. LSG Lufthansa Service Hong Kong Limited (Added 2 of 2011 s. 33) 216. Gate Gourmet Hong Kong, Limited (Added 2 of 2011 s. 33) 217. ECO Aviation Fuel Services Limited (Added 2 of 2011 s. 33) 218. Hong Kong Aircraft Engineering Company Limited (Added 2 of 2011 s. 33) 219. China Aircraft Services Limited (Added 2 of 2011 s. 33) 220. Dah Chong Hong – Dragonair Airport GSE Service Limited (Added 2 of 2011 s. 33) 221. Jardine Air Terminal Services Limited (Added 2 of 2011 s. 33) 222. Service Managers Association (Added 2 of 2011 s. 33) 223. Driving Instructors Association (Added 2 of 2011 s. 33) 224. The Chamber of Hong Kong Logistics Industry Limited (Added 2 of 2011 s. 33) 225. New Horizon School of Motoring Limited (Added 2 of 2011 s. 33) 226. Leinam School of Motoring Limited (Added 2 of 2011 s. 33) 227. TIML MOM Limited (Added 14 of 2015 s. 11) 228. Hong Kong Taxi Association (Added 14 of 2015 s. 11) 229. Chung Shing Taxi Limited (Added 11 of 2019 s. 8. Amended E.R. 4 of 2020) 230. Hong Kong Air Cargo Carrier Limited (Added 11 of 2019 s. 8. Amended E.R. 4 of 2020) 231. Hong Kong Dumper Truck Drivers Association (Added 11 of 2019 s. 8. Amended E.R. 4 of 2020) 232. Shun Fung Motors Investment Management Company Limited (Added 11 of 2019 s. 8. Amended E.R. 4 of 2020) 233. Taxi Drivers and Operators Association (Added 11 of 2019 s. 8. Amended E.R. 4 of 2020) 234. Yiu Lian Dockyards Limited (Added 14 of 2021 s. 345) 235. China Merchants Port Holdings Company Limited (Added 14 of 2021 s. 345) 236. China Merchants Container Services Limited (Added 14 of 2021 s. 345) 237. China Merchants Logistics Holding Hong Kong Company Limited (Added 14 of 2021 s. 345) 238. China Merchants Energy Shipping (Hong Kong) Company Limited (Added 14 of 2021 s. 345) 239. COSCO SHIPPING (Hong Kong) Co., Limited (Added 14 of 2021 s. 345) 240. Cosco (H.K.) Shipping Co., Limited (Added 14 of 2021 s. 345) 241. COSCO SHIPPING Container Line Agencies Limited (Added 14 of 2021 s. 345) 242. COSCO SHIPPING International (Hong Kong) Co., Ltd. (Added 14 of 2021 s. 345) 243. China Travel Tours Transportation Services Hong Kong Limited (Added 14 of 2021 s. 345) 244. Sky Shuttle Helicopters Limited (Added 14 of 2021 s. 345) 245. Hong Kong-Zhuhai-Macao Bridge Shuttle Bus Company Limited (Added 14 of 2021 s. 345) 246. Hong Kong & Macao International Airport Transportation Service Co. Limited (Added 14 of 2021 s. 345) 247. Hong Kong International Airport Ferry Terminal Services Limited (Added 14 of 2021 s. 345) 248. Ocean Shipbuilding & Engineering Limited (Added 14 of 2021 s. 345) 249. China Ferry Terminal Services Limited (Added 14 of 2021 s. 345) 250. Turbojet Shipyard Limited (Added 14 of 2021 s. 345) 251. Hong Kong Association of Aircargo Truckers Limited (Added 14 of 2021 s. 345) 252. Hong Kong Auto (Parts & Machinery) Association Limited (Added 14 of 2021 s. 345) 253. China Aviation Express (Hong Kong) Limited (Added 14 of 2021 s. 345) 254. Chu Kong Godown Wharf & Transportation Company Limited (Added 14 of 2021 s. 345) 255. Chu Kong Transhipment & Logistics Company Limited (Added 14 of 2021 s. 345) 256. Chu Kong Transportation (H.K.) Limited (Added 14 of 2021 s. 345) 257. Chu Kong Agency Company Limited (Added 14 of 2021 s. 345) 258. Cotai Chu Kong Shipping Management Services Company Limited (Added 14 of 2021 s. 345) 259. Yuet Hing Marine Supplies Company Limited (Added 14 of 2021 s. 345) 260. Chu Kong Group Shipyard Company Limited (Added 14 of 2021 s. 345) 261. Dong An Marine Safety Equipment Trading Limited (Added 14 of 2021 s. 345) 262. Fortune Ferry Company Limited (Added 14 of 2021 s. 345) 263. Hong Kong Wing Hing Marine Engineering Company Limited (Added 14 of 2021 s. 345) 264. China National Aviation Leasing Limited (Added 14 of 2021 s. 345) 265. Yuantong Marine Service Co. Limited (Added 14 of 2021 s. 345) 266. Wang Tak Engineering & Shipbuilding Company Limited (Added 14 of 2021 s. 345) 267. The Motor Transport Company of Guangdong and Hong Kong Limited (Added 14 of 2021 s. 345) 268. Weisheng Transportation & Enterprises Company Limited (Added 14 of 2021 s. 345) (Added 48 of 1999 s. 43. Amended E.R. 5 of 2019; 14 of 2021 s. 345) Schedule 1B [ss. 20V & 83]Composition of the Sports, Performing Arts, Culture and Publication Functional Constituency Part 1 Performing Arts Industry Associations and Local Licensed Broadcasting Institutions Item Body composing the constituency 1. Hong Kong Motion Picture Industry Association Limited 2. Hong Kong Film Awards Association Ltd. 3. Association for Betterment of Hong Kong’s Entertainment Industry in Mainland China Limited 4. Federation of Hong Kong Filmmakers Limited 5. Movie Producers and Distributors Association of Hong Kong Ltd. 6. Hong Kong Chamber of Films Limited 7. Hong Kong Theatres Association Ltd. 8. 華南電影工作者聯合會* 9. International Federation of the Phonographic Industry (Hong Kong Group) Limited 10. Music Publishers Association of Hong Kong Limited 11. Hong Kong Recording Industry Alliance Limited 12. Television Broadcasts Limited 13. HK Television Entertainment Company Limited 14. Fantastic Television Limited 15. Hong Kong Commercial Broadcasting Company Limited 16. Metro Broadcast Corporation Limited 17. The Hong Kong Film Development Council 18. The Hong Kong International Film Festival Society Limited 19. Hong Kong Film & Television Association Limited Editorial Note: * The English translation of “華南電影工作者聯合會” is “South China Film Industry Workers Union”. Part 2 Cultural Public Institutions, Associations and Bodies Item Body composing the constituency 1. Hong Kong Arts Development Council 2. The Hong Kong Academy for Performing Arts 3. West Kowloon Cultural District Authority 4. The Hong Kong Philharmonic Society Limited 5. Hong Kong Chinese Orchestra Limited 6. Hong Kong Repertory Theatre Limited 7. Chung Ying Theatre Company (HK) Limited 8. Hong Kong Dance Company Limited 9. The Hong Kong Ballet Limited 10. Hong Kong Sinfonietta Limited 11. City Contemporary Dance Company Limited 12. Zuni Icosahedron 13. Hong Kong Arts Festival Society Limited 14. China Federation of Literary and Art Circles Hong Kong Member Association Limited 15. China Theatre Association Hong Kong Member Branch 16. China Film Hong Kong Association Limited 17. Chinese Musicians Association—Hong Kong Members Branch 18. China Artists Association Hong Kong Chapter 19. China Opera Performing Artists Hong Kong Association 20. Chinese Dancres Association Hong Kong Member Branch 21. China Photographers Association Hong Kong Member Branch 22. China Calligraphers Association Hong Kong Member Branch 23. China Literature and Art Critics Association Hong Kong Member Branch 24. The Association of Chinese Culture of Hong Kong 25. Hong Kong Culture Association Limited 26. The Chinese Artists Association of Hong Kong 27. Hong Kong Chinese Opera Promotion Association Limited 28. Cantonese Opera Musician and Vocalist Association Limited 29. HK Chinese Opera and Performing Arts Group Association 30. Hong Kong Cantonese Opera Artists Club Limited 31. Hong Kong Association of Cantonese Opera Scholars Limited 32. Hong Kong Federation of Drama Societies 33. Actors’ Family Limited 34. The Nonsensemakers Limited 35. Tang Shu-Wing Theatre Studio Limited 36. Shakespeare4All Company Limited 37. Spring-Time Experimental Theatre Limited 38. Perry Chiu Experimental Theatre Limited 39. Performing Arts Asia Limited 40. Composers and Authors Society of Hong Kong Limited 41. Hong Kong Composers’ Guild Limited 42. Hong Kong Chinese Instrumental Music Association 43. Hong Kong Association of Choral Societies 44. Hong Kong Music Tutors Union 45. Opera Hong Kong Limited 46. Hong Kong String Orchestra Limited 47. Global Symphony Orchestra Society Limited 48. The Hong Kong Children’s Choir 49. Yip’s Children’s Choir Limited 50. Allegro Singers 51. Hong Kong City Chinese Orchestra 52. Hong Kong Dance Federation Limited 53. Association of Hong Kong Dance Organizations 54. Hong Kong Dance Alliance Limited 55. The Hong Kong Ballet Group Limited 56. Hong Kong Dance Sector Joint Conference 57. The Association of Hong Kong Youth Dancers 58. Miranda Chin Dance (Mirandance) Company Limited 59. Budlet Folk Dance Club 60. Starwave Production 61. Xiang Gang Mei Xie 62. Chinese Ink Painting Institute Hong Kong 63. Hong Kong Water Colour Research Society 64. Hong Kong Lan Ting Society 65. Hong Kong Culture and Art Promotion Association 66. Hong Kong Art Researching Association 67. Hong Kong Modern Ink Painting Society Co. Limited 68. Hong Kong Oil Painting Research Society 69. Hong Kong Artists Society 70. The Hong Kong Art Club 71. Chung Fung Art Club 72. To-day’s Chinese Art Association 73. Ling Ngai Art Association 74. Hong Kong Graphics Society 75. 中國書協香港分會* 76. Hong Kong Chinese Calligraphy and Art Association 77. China Hong Kong Institute of Calligraphy 78. Calligraphy and Painting Study Association of Hong Kong Fukienese 79. Hong Kong Association of Amateur Calligraphers 80. Hong Kong Calligraphers’ Association 81. Hong Kong International Calligraphy and Seal Cutting Society 82. Hong Kong Hard Pen Calligraphists’ Association 83. Friends of Shizhai 84. The Jiazi Society of Calligraphy 85. The Photographic Society of Hong Kong 86. The Chinese Photographic Association of Hong Kong 87. Sea Gull Photographic Association Limited 88. The Photographic Salon Exhibitors Association 89. Grace Photographic Club 90. Hong Kong Camera Club, Limited 91. United Artist Photographic Association Limited 92. The Society of Worldwide Ethnic Chinese Photographers Limited 93. The Hong Kong 35mm Photography Society, Limited 94. The Hong Kong Miniature Cameras Photography Society 95. Hong Kong CreArt Photographic Association Limited 96. Overseas Chinese Photographers Association of Hong Kong 97. The Art of Photography Association Limited 98. The Federation of Hong Kong Writers 99. The House of Hong Kong Literature Limited 100. Hong Kong Writers Association Company Limited 101. Hong Kong Society for Study of Poetry, Calligraphy and Couplet 102. Hong Kong Literature Promoted Association 103. 國際華文詩人協會# 104. Magicians’ Association of Hong Kong 105. Hong Kong & Macau Intangible Cultural Heritage Research Centre Limited 106. Wing Lung Art 107. Hong Kong Book Reviewers Association 108. Hong Kong Film Critics Association Limited 109. Hong Kong Literary Criticism Society Company Limited 110. Oriental Education Alliance Limited 111. Hong Kong International Music Festival Limited 112. The Association of Zhuangzi Culture & Research of Hong Kong 113. Hong Kong Cantonese Opera Chamber of Commerce Limited 114. Jingkun Theatre Limited (Schedule 1B replaced 14 of 2021 s. 346) Editorial Note: * The English translation of “中國書協香港分會” is “China Calligraphers Association – Hong Kong Branch”. # The English translation of “國際華文詩人協會” is “World Club of Chinese Poets”. Schedule 1C [ss. 20Y & 83] (Amended 14 of 2021 s. 347)Composition of the Wholesale and Retail Functional Constituency Item Body the corporate members of which compose the constituency 1. (Repealed 14 of 2021 s. 347) 2. Association of Better Business & Tourism Services (Replaced 25 of 2003 s. 46) 3. (Repealed 14 of 2021 s. 347) 4. Chinese Medicine Merchants Association Ltd. 5. Chinese Merchants (H.K.) Association Limited (Replaced 25 of 2003 s. 46. Amended 2 of 2011 s. 35) 6. Chinese Paper Merchants Association Limited (Amended 2 of 2011 s. 35) 7. The Cosmetic & Perfumery Association of Hong Kong Ltd. 8. Eastern District Fresh Fish Merchants’ Society 9. Federation of Hong Kong Kowloon New Territories Hawker Associations (Amended 10 of 2006 s. 45) 10. The Federation of Hong Kong Watch Trades and Industries Ltd. 11. HK Vegetable Wholesaler Community 12. Hong Kong and Kowloon Bamboo Goods Merchants Association Limited 13. Hong Kong and Kowloon Electrical Appliances Merchants Association Ltd. 14. Hong Kong Electro-Plating Merchants Association Limited (Amended 10 of 2006 s. 45) 15-16. (Repealed 14 of 2021 s. 347) 17.

Hong Kong & Kowloon Fruit & Vegetable Employees & Employers Guild 18. (Repealed 14 of 2021 s. 347) 19. Hong Kong & Kowloon General Association of Liquor Dealers and Distillers 20. (Repealed 14 of 2021 s. 347) 21. Hong Kong and Kowloon Machinery and Instrument Merchants Association Ltd. 22. Hong Kong & Kowloon Marine Products Merchants Association Ltd. 23. Hong Kong & Kowloon Plastic Products Merchants United Association Limited 24. (Repealed 14 of 2021 s. 347) 25. The Hong Kong & Kowloon Provisions, Wine & Spirit Dealers’ Association Limited (Amended 2 of 2011 s. 35) 26. Hong Kong and Kowloon Rattan Ware Merchants Association (Wing-Hing-Tong) (Amended 10 of 2006 s. 45) 27. (Repealed 10 of 2006 s. 48) 28. (Repealed 14 of 2021 s. 347) 29. Hong Kong & Kowloon Sauce & Preserved-Fruit Amalgamated Employers Association 30. Hong Kong & Kowloon Tea Trade Merchants Association Ltd. 31. Hong Kong & Kowloon Timber Merchants Association Limited (Amended 10 of 2006 s. 45) 32. (Repealed 25 of 2003 s. 46) 33. Hong Kong & Kowloon Vermicelli & Noodle Manufacturing Industry Merchants’ General Association Limited (Amended 11 of 2019 s. 10) 34. Hong Kong Art Craft Merchants Association, Ltd. 35. Hong Kong Dried Seafood and Grocery Merchants Association Limited 36. (Repealed 14 of 2021 s. 347) 37. Hong Kong Egg Merchants Association (Fung-Kwai-Tong) 38. Hong Kong Embroidery Merchants Association Limited 39. (Repealed 10 of 2006 s. 48) 40. (Repealed 14 of 2021 s. 347) 41. Hong Kong Flower Retailers Association 42. The Hong Kong Food Council Limited (Replaced 25 of 2003 s. 46) 43. Hong Kong Fresh Fish Merchants Association 44. Hong Kong Fur Federation 45. Hong Kong Furniture & Decoration Trade Association Limited 46. Hong Kong General Chamber of Pharmacy Limited 47. Hong Kong Glass and Mirror Merchants and Manufacturers Association Company Limited 48. Hong Kong Jewellers’ & Goldsmiths’ Association Limited 49. The Federation of Hong Kong Footwear Limited (Replaced 7 of 2008 s. 9) 50. (Repealed 14 of 2015 s. 13) 51. The Hong Kong Medicine Dealers’ Guild 52. Hong Kong Metal Merchants Association 53-54. (Repealed 14 of 2021 s. 347) 55. Hong Kong Petroleum, Chemicals and Pharmaceutical Materials Merchants Association Ltd. 56. Hong Kong Photo Marketing Association Limited (Replaced 25 of 2003 s. 46) 57. Hong Kong Piece Goods Merchants’ Association 58. Hong Kong Plastic Material Suppliers Association Ltd. 59. Hong Kong Plumbing and Sanitary Ware Trade Association Ltd. 60. Hong Kong Provision & Grocery General Commercial Chamber 61. (Repealed 25 of 2003 s. 46) 62. Hong Kong Record Merchants Association Ltd. 63. Hong Kong Rice Suppliers’ Association Limited (Replaced 25 of 2003 s. 46) 64. Hong Kong Retail Management Association Limited (Amended 10 of 2006 s. 45) 65-66. (Repealed 11 of 2019 s. 10) 67. (Repealed 25 of 2003 s. 46) 68. (Repealed 14 of 2015 s. 13) 69. Hong Kong Yee Yee Tong Chinese Medicine Merchants Association Ltd. 70. The Hong Kong & Kowloon General Merchandise Merchants’ Association Limited (Amended 10 of 2006 s. 45) 71. (Repealed 25 of 2003 s. 46) 72-73. (Repealed 14 of 2021 s. 347) 74. Kowloon Cheung Sha Wan Wholesale Vegetable Market (Importers) Recreation Club Limited (Replaced 7 of 2008 s. 9) 75. Kowloon Fresh Fish Merchants Association Limited (Amended 10 of 2006 s. 45) 76. (Repealed 11 of 2019 s. 10) 77. The Kowloon Pearls, Precious Stones, Jade, Gold & Silver Ornament Merchants Association 78. (Repealed 25 of 2003 s. 46) 79. (Repealed 14 of 2021 s. 347) 80. The Merchants Association of First Wholesalers/Jobbery of Imported Fresh Fruits & Vegetables Limited 81. Mongkok Vegetable Wholesale Merchants Association Company Limited (Amended 10 of 2006 s. 45) 82. The Motor Traders Association of Hong Kong 83. Nam Pak Hong Association 84. (Repealed 25 of 2003 s. 46) 85. Po Sau Tong Ginseng & Antler Association Hong Kong Ltd. 86. The Rice Merchants’ Association of Hong Kong Limited 87. (Repealed 14 of 2021 s. 347) 88-89. (Repealed 10 of 2006 s. 48) 90. (Repealed 25 of 2003 s. 46) 91. (Repealed 7 of 2008 s. 9) 92. Kowloon Fruit & Vegetable Merchants Association Limited (Added 25 of 2003 s. 46) 93. The Hong Kong And Kowloon Electric Trade Association (Added 25 of 2003 s. 46) 94. Hong Kong Poultry Wholesalers Association (Added 25 of 2003 s. 46) 95. Diamond Federation of Hong Kong, China Limited (Added 25 of 2003 s. 46) 96. Tobacco Association of Hong Kong Limited (Added 7 of 2008 s. 9) 97. Hong Kong Chinese Prepared Medicine Traders Association Limited (Added 2 of 2011 s. 35) 98. Hong Kong Chinese Medicine Industry Association Limited (Added 2 of 2011 s. 35) 99. Hong Kong Chinese Patent Medicine Manufacturers’ Association Ltd. (Added 2 of 2011 s. 35) (Added 48 of 1999 s. 43. Amended E.R. 5 of 2019; 14 of 2021 s. 347) Schedule 1D [ss. 20Z & 83]Composition of the Technology and Innovation Functional Constituency Part 1 National Level Research Platforms Item Body composing the constituency 1. State Key Laboratory of Emerging Infectious Diseases (The University of Hong Kong) 2. State Key Laboratory of Brain and Cognitive Science (The University of Hong Kong) 3. State Key Laboratory of Translational Oncology (The Chinese University of Hong Kong) 4. State Key Laboratory of Terahertz and Millimeter Waves (City University of Hong Kong) 5. State Key Laboratory of Agrobiotechnology (The Chinese University of Hong Kong) 6. State Key Laboratory of Ultraprecision Machining Technology (The Hong Kong Polytechnic University) 7. State Key Laboratory of Molecular Neuroscience (The Hong Kong University of Science and Technology) 8. State Key Laboratory of Marine Pollution (City University of Hong Kong) 9. State Key Laboratory of Research on Bioactivities and Clinical Applications of Medicinal Plants (The Chinese University of Hong Kong) 10. State Key Laboratory of Liver Research (The University of Hong Kong) 11. State Key Laboratory of Synthetic Chemistry (The University of Hong Kong) 12. State Key Laboratory of Chemical Biology and Drug Discovery (The Hong Kong Polytechnic University) 13. State Key Laboratory of Environmental and Biological Analysis (Hong Kong Baptist University) 14. State Key Laboratory of Pharmaceutical Biotechnology (The University of Hong Kong) 15. State Key Laboratory of Digestive Disease (The Chinese University of Hong Kong) 16. State Key Laboratory of Advanced Displays and Optoelectronics Technologies (The Hong Kong University of Science and Technology) 17. Hong Kong Branch of National Engineering Research Center for Application Specific Integrated Circuit System 18. Hong Kong Branch of National Engineering Research Center for Steel Construction 19. Hong Kong Branch of National Rail Transit Electrification and Automation Engineering Technology Research Center 20. Hong Kong Branch of National Precious Metals Material Engineering Research Center 21. Hong Kong Branch of National Engineering Research Center for Tissue Restoration & Reconstruction 22. Hong Kong Branch of Chinese National Engineering Research Center for Control & Treatment of Heavy Metal Pollution 23. Hong Kong Institute of Science & Innovation, Chinese Academy of Sciences Limited 24. Centre for Regenerative Medicine and Health, Hong Kong Institute of Science & Innovation, Chinese Academy of Sciences Limited 25. Centre for Artificial Intelligence and Robotics, Hong Kong Institute of Science & Innovation, Chinese Academy of Sciences Limited Part 2 Public Organizations Highly Relevant to Development of Innovation and Technology Item Body composing the constituency 1. Hong Kong Applied Science And Technology Research Institute Company Limited 2. Logistics and Supply Chain MultiTech R&D Centre Limited 3. The Hong Kong Research Institute of Textiles and Apparel Limited 4. Nano and Advanced Materials Institute Limited 5. Hong Kong Cyberport Management Company Limited 6. Hong Kong Science and Technology Parks Corporation 7. The Hong Kong Institute of Biotechnology Limited 8. Hong Kong Productivity Council 9. Hong Kong Internet Registration Corporation Limited 10. Hong Kong-Shenzhen Innovation and Technology Park Limited 11. Automotive Platforms and Application Systems R&D Centre Part 3 Academic Organizations and Professional Bodies Participating in Government’s Consultation related to Development of Innovation and Technology Item Body composing the constituency 1. The Hong Kong Academy of Sciences 2. Hong Kong Academy of Engineering Sciences 3. The Hong Kong Young Academy of Sciences 4. The Society of Hong Kong Scholars 5. Internet Professional Association Limited 6. Hong Kong Information Technology Joint Council Limited 7. Hong Kong Computer Society 8. Hong Kong Software Industry Association Limited 9. Communications Association of Hong Kong Limited 10. Hong Kong Society of Artificial Intelligence and Robotics Limited 11. Hong Kong Biotechnology Organization 12. HK Bio-Med Innotech Association Limited 13. Hong Kong Data Centre Association Limited 14. Hong Kong Federation of Innovative Technologies and Manufacturing Industries Limited 15. Smart City Consortium Limited 16. E-Commerce Association of Hong Kong Limited 17. The Hong Kong Association for the Advancement of Science and Technology Limited 18. Hong Kong Digital Entertainment Association Limited 19. Esports Association of Hong Kong Limited 20. The Hong Kong Electronic Industries Association Limited 21. The Hong Kong Association for Computer Education 22. eHealth Consortium Limited 23. The Institution of Engineering and Technology Hong Kong 24. Information Systems Audit and Control Association China Hong Kong Chapter Limited 25. The Association for Computing Machinery, Hong Kong Chapter 26. Cyberport Startup Alumni Association 27. Hong Kong O2O E-Commerce Federation Limited 28. Hong Kong Innovative Technology Development Association Limited 29. The Chamber of Hong Kong Computer Industry Limited 30. Hong Kong Electronic Sports Federation Limited 31. The Hong Kong Institution of Engineers, Information Technology Division 32. Hong Kong Public Key Infrastructure Forum Limited 33. Hong Kong Internet Service Providers Association Limited 34. Hong Kong Life Sciences Society Limited 35. Hong Kong Netrepreneurs Association Limited 36. Hong Kong Wireless Technology Industry Association Limited 37. Hong Kong Information Technology Federation Limited 38. British Computer Society (Hong Kong Section) Limited 39. Professional Information Security Association Limited 40. Information Security and Forensics Society 41. Hong Kong Retail Technology Industry Association Limited (Schedule 1D replaced 14 of 2021 s. 348) Schedule 1E (Repealed 14 of 2021 s. 349) Schedule 2 (Repealed 21 of 2001 s. 73) Schedule 3 (Omitted as spent—E.R. 3 of 2021) Schedule 4 (Omitted as spent—E.R. 2 of 2012) Schedule 5 [ss. 60A & 83A]Financial Assistance: Specified Rate The rate of financial assistance for the purposes of Part 6A is— (Amended L.N. 225 of 2015; L.N. 16 of 2020)(a) for an election for the sixth term of office of the Legislative Council that commenced on 1 October 2016—$14; or(b) for an election for any subsequent term of office of the Legislative Council—$15.(Schedule 5 added 25 of 2003 s. 49. Amended L.N. 119 of 2008; 2 of 2011 s. 38; E.R. 2 of 2012; L.N. 225 of 2015; L.N. 16 of 2020) Schedule 6 [s. 18]Geographical Constituencies for Seventh Term of Office of Legislative Council 1. Interpretation In this Schedule—approved map (獲批准地圖) means a map approved by the Chief Executive in Council on 13 April 2021;constituency boundary (選區分界), in relation to a geographical constituency specified in this Schedule, means the boundary delineating the constituency represented on the relevant approved map by a red line described in the map legend as—(a) where it coincides with a green line described in the map legend as “District Boundary”—“2021 Legislative Council Geographical Constituency Boundary (coincides with District Boundary)”; and(b) where it does not coincide with a green line mentioned in paragraph (a)—“2021 Legislative Council Geographical Constituency Boundary”;constituency code (選區代號), in relation to a geographical constituency specified in this Schedule, means the code specified in brackets below the name of the constituency in column 3 of the Table in section 2 of this Schedule. 2. Specification of Legislative Council geographical constituencies (1) Each area delineated and marked on an approved map as described in column 2 of the Table is specified to be a geographical constituency for an election to elect Members for the seventh term of office of the Legislative Council.(2) The name of a geographical constituency specified under subsection (1) is specified in column 3 of the Table opposite the relevant area. Table Geographical Constituencies Column 1 Column 2 Column 3 Item Delineation of Area Name of Geographical Constituency (Constituency Code) 1. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/HK-E and marked with the names Eastern District and Wan Chai District. Hong Kong Island East (LC1) 2. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/HK-W and marked with the names Central & Western District, Southern District and Islands District. Hong Kong Island West (LC2) 3. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/KLN-E and marked with the names Kwun Tong District and South-eastern part of Wong Tai Sin District. Kowloon East (LC3) 4. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/KLN-W and marked with the names Yau Tsim Mong District and Sham Shui Po District. Kowloon West (LC4) 5. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/KLN-C and marked with the names Kowloon City District and North-western part of Wong Tai Sin District. Kowloon Central (LC5) 6. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/NT-SE and marked with the names Sai Kung District and Eastern part of Sha Tin District. New Territories South East (LC6) 7. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/NT-N and marked with the names North District and North-western part of Yuen Long District. New Territories North (LC7) 8. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/NT-NW and marked with the names Tuen Mun District and South-eastern part of Yuen Long District. New Territories North West (LC8) 9. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/NT-SW and marked with the names Kwai Tsing District and Tsuen Wan District. New Territories South West (LC9) 10. The area delineated by the constituency boundary on the approved map identified as Plan No. LCCA/R/2021/NT-NE and marked with the names Tai Po District and Western part of Sha Tin District. New Territories North East (LC10) (Schedule 6 added 14 of 2021 s. 350)