Cap 541 s 2 Interpretation (Electoral Affairs Commission Ordinance)

Contents of Section

Chapter:	541	Title:	Electoral Affairs Commission Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	2	Heading:	Interpretation	Version Date:	02/08/2012

(1) In this Ordinance, unless the context otherwise requires-
by-election (補選) means-

(a) a by-election within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542);

(b) a by-election within the meaning of section 2 of the District Councils Ordinance (Cap 547); (Amended 2 of 2003 s. 68)

(c) a subsector by-election within the meaning of section 1 of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (Replaced 21 of 2001 s. 54. Amended 2 of 2003 s. 68)

(d) a village by-election within the meaning of section 2(1) of the Village Representative Election Ordinance (Cap 576); (Added 2 of 2003 s. 68)

Chairman (主席) means the person appointed under section 3(2) or the person acting for him under paragraph 1(5) of Schedule 2;
Chief Electoral Officer (總選舉事務主任) means the person appointed as such under section 9;
Commission (選管會) means the Electoral Affairs Commission established by section 3;
District Council (區議會) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Added 8 of 1999 s. 89)
District Council constituency (區議會選區) means a constituency within the meaning of section 2 of the District Councils Ordinance (Cap 547); (Added 8 of 1999 s. 89)
election (選舉), subject to section 17, means an election held for the purpose of-

(aa) electing the Chief Executive; (Added 21 of 2001 s. 54)

(a) electing the members of-

(i) the Legislative Council; or (Amended 78 of 1999 s. 7)

(ii) (Repealed 78 of 1999 s. 7)

(iii) the District Councils; (Replaced 8 of 1999 s. 89)

(b) electing the members of the Election Committee; or (Amended

21 of 2001 s. 54; 2 of 2003 s. 68

)

Election Committee (選舉委員會) has the meaning assigned to it by the Chief Executive Election Ordinance (Cap 569); (Replaced 21 of 2001 s. 54)
elector (選民) means a person whose name appears on a register of persons entitled, under any electoral law, to vote at an election;
electoral law (選舉法) means any law in force providing for the election of-

(aa) the Chief Executive; (Added 21 of 2001 s. 54)

(a) the members of a public body; (Amended 2 of 2003 s. 68)

(b) the members of the Election Committee; or (Amended 21 of 2001 s. 54

; 2 of 2003 s. 68

)

function (職能) includes a power and a duty;
general election (換屆選舉) has the meaning assigned to it by the Legislative Council Ordinance (Cap 542); (Replaced 8 of 1999 s. 89)
geographical constituency (地方選區) subject to section 17, means a geographical area having separate representation (whether by one or more members) in a public body;
Legislative Council (立法會) means the legislative Council of the Hong Kong Special Administrative Region;
member of the Commission (選管會成員) includes the Chairman;
ordinary election (一般選舉) has the meaning assigned to it by the District Councils Ordinance (Cap 547); (Added 8 of 1999 s. 89)
political body (政治性團體) means-

(a) a political party or an organization that purports to be a political party; or

(b) an organization whose principal function or main object is to promote or prepare a candidate for an election;

Provisional District Board (臨時區議會) has the meaning assigned to it by the Provisional District Boards Ordinance (Cap 366);
Provisional Legislative Council (臨時立法會) means the Provisional Legislative Council of the Hong Kong Special Administrative Region;
public body (公眾議會) means a body referred to in paragraph (a)(i) of the definition of election; (Amended 8 of 1999 s. 89; 78 of 1999 s. 7; 2 of 2003 s. 68)
Village (鄉村) has the meaning assigned to it by the Village Representative Election Ordinance (Cap 576); (Added 2 of 2003 s. 68)
Village Representative (村代表) has the meaning assigned to it by the Village Representative Election Ordinance (Cap 576). (Added 2 of 2003 s. 68)

(Amended 48 of 1999 s. 50; 78 of 1999 s. 7)

(2) For the avoidance of doubt it is declared that an election includes a by-election. (Amended 21 of 2001 s. 54)
(3) Any reference in this Ordinance to the performance of a function includes a reference to the performance of a duty or exercise of a power, as the case may require.