Cap. 1097 - Heung Yee Kuk Ordinance

To provide for the establishment and functions of an advisory and consultative body for the New Territories and for purposes connected therewith. [11 December 1959](Format changes—E.R. 3 of 2022)Preamble WHEREAS—(a) the HEUNG YEE KUK has in the past served as a valuable advisory body to the Government on New Territories affairs and has been a forum where leaders of opinion in the Territories have been able to exchange views; and(b) it is now considered desirable that the HEUNG YEE KUK should become a statutory advisory body with a constitution so framed as to ensure that it will as far as possible be truly representative of informed and responsible opinion in the New Territories: Part I Establishment and Constitution of Heung Yee Kuk 1. Short title This Ordinance may be cited as the Heung Yee Kuk Ordinance. 2. Establishment and constitution of Heung Yee Kuk (1) There shall be established in the New Territories, which expression shall be read and construed in this Ordinance as meaning the New Territories excluding New Kowloon, a body to be known as the Heung Yee Kuk (鄉議局) hereinafter referred to as the Kuk.(2) The Kuk shall consist of—(a) the Chairman and 2 Vice-Chairmen who shall be members of the Executive Committee and shall be elected by the Full Council;(b) a Full Council; and(c) an Executive Committee of the Full Council. 3. Full Council (1) The Full Council shall consist of Ex Officio Councillors, Special Councillors and Co-opted Councillors. (Amended 18 of 1988 s. 2)(2) (a) The following shall be Ex Officio Councillors—(i) the Chairmen and Vice-Chairmen of Rural Committees, who shall be deemed to have resigned as Councillors on ceasing to hold such office; and(ii) New Territories Justices of the Peace. (Amended 18 of 1988 s. 2)(b) Special Councillors shall not exceed 21 in number, not more than 7 of whom shall be elected by the Ex Officio Councillors of each of 3 districts of Tai Po, Yuen Long and Southern District from among Rural Representatives or such other persons as may be approved by the Secretary for Home and Youth Affairs. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983)(c) Co-opted Councillors shall not exceed 15 in number and shall be selected as follows—(i) a member of a Rural Committee is not eligible;(ii) the candidates must be nominated by 5 members of the Executive Committee, one of whom shall be the Chairman or a Vice-Chairman;(iii) the nominated candidates must be approved by the Secretary for Home and Youth Affairs; and(iv) those approved under subparagraph (iii) must be confirmed by the Full Council. (Added 18 of 1988 s. 2)(3) For the purposes of this Ordinance—(a) the term Rural Representative (鄉郊代表) has the same meaning as in section 2(1) of the Rural Representative Election Ordinance (Cap. 576), the term Rural Committee (鄉事委員會) means a Rural Committee being a society in respect of which the Societies Ordinance (Cap. 151) applies and— (Amended 2 of 2003 s. 68; 5 of 2014 s. 2) (i) which has been registered or exempted from registration under that Ordinance before the commencement** of the Societies (Amendment) Ordinance 1992 (75 of 1992); or (ii) which has been acknowledged to be a rural committee or a federation or other association of rural committees by the Secretary for Home and Youth Affairs under section 6 of that Ordinance, and on the withdrawal of such approval the Rural Representative, or Chairman or Vice-Chairman of the Rural Committee, as the case may be, shall become disqualified and cease to be a Councillor of the Kuk or eligible for election thereto; (Amended 75 of 1992 s. 39) (b) the term Southern District (南約區) includes Tsuen Wan District;(c) where any doubt arises as to whether any person is a New Territories Justice of the Peace a certificate issued by the Chief Secretary for Administration shall be conclusive as to that matter; and (Amended L.N. 362 of 1997)(d) (i) where the Secretary for Home and Youth Affairs refuses to approve any person as a candidate for election as a Special Councillor or for confirmation as a Co-opted Councillor, such person may within 14 days of such refusal or withdrawal appeal therefrom by way of petition to the Chief Executive in Council, whose decision shall be final; (Amended 4 of 2000 s. 3; 2 of 2003 s. 68)(ii) pending the determination of an appeal instituted under subparagraph (i), or where there is no appeal the expiry of the period limited therefor, no disqualification shall be deemed to have taken place and no person shall cease to be eligible for election as a Special Councillor or for confirmation as a Co-opted Councillor by reason of the Secretary for Home and Youth Affair’s refusal or withdrawal of approval: Provided that where a person, notwithstanding the Secretary for Home and Youth Affair’s refusal or withdrawal of approval, is elected as a Special Councillor or confirmed as a Co-opted Councillor during such period, he shall become disqualified and cease to be a Councillor of the Kuk in the event of his petition being rejected, or if he does not appeal, on the expiry of the period limited therefor. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; 18 of 1988 s. 2) (Amended L.N. 262 of 1989; 5 of 2014 s. 2; L.N. 144 of 2022) Editorial Note: ** Commencement date: 17 July 1992. 3A. Kuk Permanent Advisers The following persons are non-voting Permanent Advisers to the Kuk—(a) all past Chairmen of the Kuk; and(b) all persons, other than New Territories Justices of the Peace and Co-opted Councillors, who have served 2 consecutive terms as members of the Executive Committee, the last term ending in 1988 or later.(Added 18 of 1988 s. 3) 4. Executive Committee (1) The Executive Committee shall consist of Ex Officio Members, Ordinary Members and all of the Co-opted Councillors.(2) (a) The following shall be Ex Officio Members—(i) the Chairmen of Rural Committees; and(ii) New Territories Justices of the Peace.(b) Ordinary Members shall not exceed 15 in number, and shall be Councillors of, and elected by, the Full Council.(3) The Full Council shall be deemed to have delegated to the Executive Committee such of its powers as are necessary for the carrying out of the objects the Kuk.(Amended 18 of 1988 s. 4) Part II Election and Tenure of Office of Chairman, Members and Councillors 5. Election of office of Chairman, Members and Councillors (1) The Chairman, Vice-Chairmen, Members of the Executive Committee and Councillors of the Full Council shall be elected or confirmed in the manner prescribed in the First Schedule. (Amended 18 of 1988 s. 5)(2) Upon election the Chairman, Vice-Chairmen, Ordinary Members and Special Councillors shall hold office for a term of 4 years commencing on 1 June except that— (Amended 7 of 1982 s. 2; 17 of 1991 s. 2; 2 of 2003 s. 68)(a) the term of office that commenced on 1 June 1999 shall be extended to 4 years and 6 months; and (Added 2 of 2003 s. 68)(b) on the expiry of the term of office mentioned in paragraph (a), there shall be a term of office of 3 years and 6 months that commences on 1 December 2003. (Added 2 of 2003 s. 68)(3) Where a Chairman or Vice-Chairman of a Rural Committee is elected as the Chairman or a Vice-Chairman of the Kuk and he ceases to hold the former office, he shall, notwithstanding section 3(2)(a)(i), continue in the latter office and as a member of the Executive Committee and an Ex Officio Councillor until the end of the term that would have applied had he not ceased to hold the first mentioned office. (Added 18 of 1988 s. 5)(4) Co-opted Councillors assume office when confirmed under section 3(2)(c)(iv) and cease to hold office on a date to be stated in the resolution of confirmation. (Added 18 of 1988 s. 5) 6. Disqualification No person shall hold office as a Chairman, Vice-Chairman, Member of the Executive Committee or Councillor of the Full Council who is under the age of 21 years, or who is or at any time becomes—(a) under any law in force in Hong Kong found or declared to be of unsound mind;(b) an undischarged bankrupt;(c) a person who has been convicted by any Court in Hong Kong, of any offence for which he has been sentenced to a term of imprisonment exceeding 6 months; or (Amended 4 of 2000 s. 3)(d) a person who has been convicted by any Court in Hong Kong within the preceding 5 years of any offence in connection with any illegal organization.(Amended 18 of 1988 s. 6) 7. Returning Officer (1) All elections shall be conducted by a Returning Officer appointed by the Chief Executive. Such Returning Officer shall be in sole charge of the conduct of such elections, appointing such Assistant Returning Officers as he shall see fit to assist him. On the completion of every election the Returning Officer shall declare each person elected to have been validly or invalidly elected as the case may be. (Amended 4 of 2000 s. 3)(2) Where any question arises concerning the interpretation of the election rules set out in the First Schedule the same shall be interpreted by the Returning Officer whose decision shall be final, or by an Assistant Returning Officer from whose decision appeal may be made to the Returning Officer. 8. Vacancies and invalid elections (1) Where—(a) any vacancy occurs by reason of the death, resignation or disqualification of any Chairman, Vice-Chairman, Member or Special Councillor; or(b) the election of any Chairman, Vice-Chairman, Member or Special Councillor is declared invalid by the Returning Officer,a fresh election shall take place within 6 months of the vacancy occurring or the election being declared invalid, and the Chief Executive may extend the term of office for which the election was being held for such period as he may see fit not exceeding 6 months from the date of such vacancy occurring.(2) In the event of the Returning Officer declaring 2 successive elections to be invalid the Chief Executive may appoint any person eligible for election to be the Chairman, Vice-Chairman, Member or Special Councillor as the case may be, and such person shall hold office as if he had been duly elected thereto.(3) In the event of the Chairman dying, resigning or becoming disqualified the Vice-Chairman first elected shall assume the office of Chairman until such time as a new Chairman shall have been elected.(Amended 18 of 1988 s. 7; 4 of 2000 s. 3) Part III Functions of the Kuk 9. Objects The objects of the Kuk shall be—(a) to promote and develop mutual co-operation and understanding among the people of the New Territories;(b) to promote and develop co-operation and understanding between the Government and the people of the New Territories;(c) to advise the Government on social and economic developments in the interests of the welfare and prosperity of the people of the New Territories;(d) to encourage the observance of all such customs and traditional usages of the people of the New Territories as are conducive to their welfare and to the preservation of public morality; and(e) to exercise such functions as they may be invited to from time to time by the Chief Executive. (Amended 4 of 2000 s. 3) 10. Powers (1) For the purpose of furthering the objects of the Kuk, it may—(a) appoint a Secretary, Treasurer and other office-bearers and determine their duties;(b) appoint such staff as it may require and make provision for the payment of their salaries;(c) appoint sub-committees and delegate functions to them;(d) appoint such advisers as may be approved by the Secretary for Home and Youth Affairs. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; L.N. 144 of 2022)(2) The provisions set out in the Second Schedule shall apply to the exercise of the powers and functions of the Kuk. 11. Accounts (1) Accounts shall be kept in a form to be approved by the Secretary for Home and Youth Affairs in respect of all funds other than the personal donations of the Chairman, Vice-Chairmen, Members and Councillors. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; L.N. 144 of 2022)(2) Failure to keep accounts and to produce the same in the form required under subsection (1), shall be an offence on the part of the Chairman, Vice-Chairmen and the Treasurer of the Kuk, and on conviction each shall be liable to a fine at level 1. (Amended E.R. 3 of 2022) Part IV Miscellaneous 12. Incorporation of Chairman and Vice-Chairmen The Chairman and Vice-Chairmen for the time being of the Kuk shall be a body corporate with perpetual succession, known as the Heung Yee Kuk Incorporated and shall in that name be capable of suing and being sued.(Replaced 51 of 1983 s. 2) 12A. Powers of the Heung Yee Kuk Incorporated (1) The Heung Yee Kuk Incorporated may—(a) enter into contracts;(b) acquire and hold property;(c) sell, let or otherwise dispose of property; and(d) borrow money and for that purpose mortgage or charge all or any part of the property of the Heung Yee Kuk Incorporated.(2) The Heung Yee Kuk Incorporated shall exercise the powers conferred by subsection (1) only in such manner and subject to such conditions as the Executive Committee shall in its absolute discretion direct or impose, and only for the purpose of promoting the objects of the Kuk.(Added 51 of 1983 s. 3) 13. Use of words Heung Yee Kuk (1) The words Heung Yee Kuk (鄉議局) shall be used solely by, and in connection with, the Kuk established under this Ordinance.(2) Any person other than the Chairman, Vice-Chairmen, Councillors, Members or Officers of the Kuk who uses any term or conducts himself in any manner which is calculated to give the impression that he is an Officer, Member or Councillor of the Kuk, shall be guilty of an offence and shall be liable to a fine at level 1. (Amended E.R. 3 of 2022) 14. Amendment of Schedules (1) The provisions contained in the First and Second Schedules may be amended by resolution of two-thirds of the members of the Full Council. Such resolution shall require the prior approval of two-thirds of the members of the Executive Committee.(2) Any such amendment shall be subject to the approval of the Secretary for Home and Youth Affairs. (Amended 18 of 1988 s. 8; L.N. 262 of 1989; L.N. 144 of 2022) First Schedule [ss. 5(1) & 7(2)]Rules for Conduct of Elections 1. General provisions The following provisions shall apply to all elections—(a) Every person entitled to vote shall have one vote for each vacancy. In the case of elections for Special Councillors, Councillors may vote only for vacancies in their own district of Tai Po, Yuen Long or Southern District as the case may be, and in this Schedule the term district (區、地區) shall be read and construed as referring only to such places.(b) Voting shall be by secret ballot.(c) The candidate receiving the highest number of votes shall be declared elected unless the Returning Officer declares the election invalid under section 7 of the Ordinance. 2. Nominations for Special Councillors (1) Nominations for Special Councillors for any district shall be sent to the Returning Officer before such date as may be announced by him, and shall be proposed and seconded by Ex Officio Councillors of that district and countersigned by the candidate signifying his willingness to serve as a Special Councillor.(2) The Returning Officer shall send a list of the names of persons nominated as Special Councillors for each district to all Rural Committees in that district. 3. Elections of Special Councillors The election of Special Councillors shall take place at a meeting of Ex Officio Councillors for each district, which meeting shall be called by the Returning Officer not less than 21 days after the date fixed by the Returning Officer under paragraph 2(1) nor less than 14 days after the dispatch by him of the list of candidates under paragraph 2(2):Provided that in the event of the number of candidates in a district being equal to or less than the number of vacancies in that district, the Returning Officer may forthwith after the date fixed by him under paragraph 2(1) declare such candidates as duly elected, and no meeting of Ex Officio Councillors for that district need be called. (Amended G.N.A. 60 of 1961) 4. Elections of Ordinary Members of Executive Committee All Special Councillors and Vice-Chairmen of Rural Committees are eligible for election as Ordinary Members of the Executive Committee so long as at least 2 weeks before the election date they declare to the Returning Officer their willingness to serve. The election for Ordinary Members of the Executive Committee shall take place at a meeting of the Full Council to be called by the Returning Officer not less than 14 days after the last of the elections for Special Councillors. (Amended 18 of 1988 s. 9) 5. Elections of Chairman and Vice-Chairmen (1) Subject to subparagraph (2), any Ex Officio Member or Ordinary Member of the Executive Committee is eligible for election as Chairman or Vice-Chairman so long as before the election he declares to the Returning Officer his willingness to serve. (Replaced 18 of 1988 s. 9)(2) No member of the Executive Committee from the same district as the newly elected Chairman shall be eligible as a candidate for the office of Vice-Chairmen. Similarly no member of the Executive Committee from the district of either the newly elected Chairman or newly elected Vice-Chairman shall be eligible as a candidate for the other office of Vice-Chairman. 5A. Confirmation of Co-opted Councillors (1) Where more than 15 persons are nominated and approved under section 3(2)(c), their confirmation under section 3(2)(c)(iv) shall be conducted by secret ballot of the Full Council and the 15 persons who receive the highest number of supporting votes shall be confirmed.(2) Where 15 or fewer persons are nominated and approved under section 3(2)(c), their confirmation need not be conducted by secret ballot unless a member of the Full Council so requests in respect of one or more of the nominated persons.(3) A person in respect of whom a secret ballot is conducted under subparagraph (2) shall be confirmed if he receives a majority of supporting votes. (Added 18 of 1988 s. 9) 6. Election rules Subject to the provisions of section 7 of the Ordinance, the Executive Committee may make rules for the conduct of elections, and such rules shall require the prior approval of the Secretary for Home and Youth Affairs before coming into operation.(Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989; L.N. 144 of 2022) Second Schedule [s. 10(2)]Rules for the Exercise of Powers and Functions 1. Meetings of Full Council The Full Council shall hold meetings once every 6 months, and at the request of not less than 10 Councillors or of the Secretary for Home and Youth Affairs, or by order of the Executive Committee. At such meetings the lesser of 33 Councillors or 25 per cent of the Councillors constitutes a quorum.(Amended 18 of 1988 s. 10; L.N. 262 of 1989; L.N. 144 of 2022) 2. Meetings of Executive Committee The Executive Committee shall hold meetings once in every month, and at the request of not less than 5 members or of the Secretary for Home and Youth Affairs. At such meetings the lesser of 22 members or 25 per cent of the members constitutes a quorum.(Amended 18 of 1988 s. 10; L.N. 262 of 1989; L.N. 144 of 2022) 3. Chairman (1) The Chairman or in his absence a Vice-Chairman shall take the chair at meetings of the Full Council and of the Executive Committee. If neither the Chairman nor either of the Vice-Chairman is present the Councillors attending shall elect a Chairman for that meeting.(2) The Chairman shall have a vote and where the votes are equal a casting vote. 3A. Disqualification for non-attendance (1) A member of the Executive Committee who fails to attend, throughout a period of 6 consecutive months, any Full Council meetings or Executive Committee meetings without giving an explanation to the satisfaction of the Executive Committee is not entitled to attend, take part in or vote at any future Full Council or Executive Committee meetings during the remainder of his term. (2) A member, other than a member of the Executive Committee, who fails to attend 3 consecutive Full Council meetings without giving an explanation to the satisfaction of the Executive Committee is not entitled to attend, take part in or vote at any future meeting of the Full Council during the remainder of his term.(Added 18 of 1988 s. 10) 4. Minutes (1) The Secretary appointed by the Executive Committee shall keep minutes of proceedings of the Full Council and of the Executive Committee and such minutes shall record the names of the Councillors attending as well as all resolutions passed.(2) The Chairman shall obtain the confirmation of the Full Council or of the Executive Committee as the case may be that minutes are a true record and shall then sign the same.(3) Such minutes shall be open to inspection by any Councillor or Member, or by the Secretary for Home and Youth Affairs. (Amended L.N. 262 of 1989; L.N. 144 of 2022) 5. Standing orders (1) The Executive Committee may make standing orders for the regulation and procedure of the meetings of the Full Council and of the Executive Committee and such standing orders may make provision for the preservation of order at such meeting.(2) Standing orders made under subparagraph (1) require the prior approval of the Secretary for Home and Youth Affairs before coming into operation. (Amended L.N. 262 of 1989; L.N. 144 of 2022) 6. Expenditure The Executive Committee may authorize the expenditure of the Kuk’s funds, and for this purpose, may delegate their powers to not less than 2 Councillors who shall act together on such terms and conditions as the Executive Committee may impose. 7. Accounting (1) Subject to section 11 of the Ordinance, the Executive Committee may make such rules for the keeping of accounts and preparation of estimates.(2) Rules made under subparagraph (1) require the prior approval of the Secretary for Home and Youth Affairs before coming into operation. (Amended L.N. 262 of 1989; L.N. 144 of 2022)(Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983)