“Public body” (公眾議會) means a body referred to in paragraph (a)(i), (ii) or (iii) of the definition of “election”;
“Selection Committee” (推選委員會) means the Selection Committee referred to in the Decision of the National People’s Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region adopted at the Third Session of the Seventh National People’s Congress on 4 April 1990.
(2) For the avoidance of doubt it is declared that “election” within the meaning of paragraph (a) of the definition of it includes a by-election.
(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.
PART II
Establishment of Commission
3. Establishment and membership
(1) There is established by this section a body corporate by the name of the Electoral Affairs Commission which may sue and be sued in that name.
(2) The Commission shall consist of—
- (a) a Chairman; and
- (b) 2 other members,
appointed by the Chief Executive in accordance with this section.
(3) The person appointed as Chairman under subsection (2)(a) must be a Judge of the High Court and he must be so appointed in consultation with the Chief Justice of the Court of Final Appeal.
(4) Subject to subsection (5), only a person who has the right to vote under Article 26 of the Basic Law may be appointed or hold office as a member of the Commission.
(5) A person is not eligible for appointment as a member of the Commission or to hold office as such—
- (a) if he is nominated as a candidate for election as Chief Executive;
- (b) if he is a member of the Selection Committee;
- (c) if he is or becomes a member of the Election Committee referred to in Annex I to the Basic Law;
- (d) if he is or becomes—
- (i) a member of the Executive Council;
- (ii) a member of the Provisional Legislative Council or the Legislative Council;
- (iii) a member of the Provisional Urban Council or the Provisional Regional Council or a body which is the successor to either of those Councils;
