Vacancies in District Councils
The Government declared by notices in the Gazette today (May 21) the existence of 12 vacant elected seats in the Southern District Council Tin Wan Constituency, the Tsuen Wan District Council Hoi Bun Constituency, the Kwun Tong District Council Tsui Ping Constituency, the Yuen Long District Council Tin Heng Constituency and Kingswood North Constituency, the Eastern District Council Yue Wan Constituency and Tanner Constituency, the Sai Kung District Council Yan Ying Constituency, the Tai Po District Council San Fu Constituency, Kwong Fuk and Plover Cove Constituency, and Tai Po Hui Constituency as well as the Kwai Tsing District Council Shek Yam Constituency.
The nominations of Ms Yuen Ka Wai Tiffany, an elected member of the Southern District Council Tin Wan Constituency, and Mr Shum Lester, an elected member of the Tsuen Wan District Council Hoi Bun Constituency, were invalidated by the Returning Officers (ROs) in the discontinued 2020 Legislative Council General Election as they were determined by the ROs not in compliance with the declaration requirement under section 40(1)(b)(i) of the Legislative Council Ordinance (Cap. 542) to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region of the People's Republic of China. In accordance with section 24(2A)(b) of the amended District Councils Ordinance (Cap. 547) (the Ordinance), they are disqualified from holding office since today (the day when the amended Ordinance takes effect). Pursuant to section 26(c) of the Ordinance, their offices have become vacant since today.
The Court of First Instance of the High Court ruled on February 2, 2021, that Mr Hung Chun Hin, an elected member of the Kwun Tong District Council Tsui Ping Constituency, was not duly elected. He lodged an appeal to the Court of Final Appeal and later filed an application to withdraw the application for leave to appeal, and the withdrawal application was granted by the Court of Final Appeal on May 4, 2021. In accordance with section 26(d) of the Ordinance, his office has become vacant since May 4, 2021.
Moreover, following the resignation of elected members set out in the table below, pursuant to section 26(b) of the Ordinance, their offices have become vacant since the dates specified in the table below.
Member | Office has become vacant since |
Mr Wong Pak Yu (Yuen Long District Council Tin Heng Constituency) | May 5, 2021 |
Mr Chui Chi Kin (Eastern District Council Yue Wan Constituency) | May 10, 2021 |
Mr Ng Kin Wai (Yuen Long District Council Kingswood North Constituency) | May 10, 2021 |
Mr Chung Kam Lun (Sai Kung District Council Yan Ying Constituency) | May 11, 2021 |
Mr Wu Yiu Cheong (Tai Po District Council San Fu Constituency) | May 11, 2021 |
Mr Lin Kok Cheung Dalu (Tai Po District Council Kwong Fuk and Plover Cove Constituency) | May 11, 2021 |
Mr Wan Siu Kin Andrew (Kwai Tsing District Council Shek Yam Constituency) | May 11, 2021 |
Mr Cheng Tat Hung (Eastern District Council Tanner Constituency) | May 11, 2021 |
Mr Lam Ming Yat (Tai Po District Council Tai Po Hui Constituency) | May 12, 2021 |