### District Councils Ordinance 《區議會條例》

58B. 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 Eligibility Review Committee as to the validity of the relevant nomination was correct; and (Amended 19 of 2023 s. 46)
(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. 19)

59. 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. 20. Amended 19 of 2023 s. 47)

### District Councils Ordinance 《區議會條例》

60C. Eligibility for financial assistance
A candidate for a constituency is eligible for financial assistance only if the candidate— (Amended 19 of 2023 s. 50)
(a) is elected as a member; or
(b) is not elected as a member but— (Amended 19 of 2023 s. 50)
(i) is not a disqualified candidate; and
(ii) obtains at least 5% of the total number of valid votes cast in the constituency concerned.
(Amended 19 of 2023 s. 50)

### District Councils Ordinance 《區議會條例》

60D. Amount payable as financial assistance
(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 18 of 2011 s. 39)
(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 can be incurred by or on behalf of the candidate under section 3 of the Maximum Amount of Election Expenses (District Council Election) Regulation (Cap. 554 sub. leg. C); (Replaced 18 of 2011 s. 39)
(c) the declared election expenses of the candidate. (Added 18 of 2011 s. 39)
(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 18 of 2011 s. 39)
(a) the amount obtained by multiplying 50% of the number of electors for the constituency by the specified rate; (Amended 19 of 2023 s. 51)
(b) 50% of the maximum amount of election expenses that can be incurred by or on behalf of the candidate under section 3 of the Maximum Amount of Election Expenses (District Council Election) Regulation (Cap. 554 sub. leg. C); (Replaced 18 of 2011 s. 39)
(c) the declared election expenses of the candidate. (Added 18 of 2011 s. 39)

60E. Entitlement to financial assistance not affected by failure of election
(Amended 19 of 2023 s. 52)(1) A declaration by the Returning Officer under section 40(3) that an election has failed does not affect any entitlement to financial assistance under this Part.
(2) (Repealed 19 of 2023 s. 52)

60F. 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.

### District Councils Ordinance 《區議會條例》

60G. 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—
(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) If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that deceased person is liable to the extent of the deceased person’s liability.
(4) 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.

### District Councils Ordinance 《區議會條例》

60H. 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.
(2) A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).
(3) Without limiting the generality of subsection (2), the Chief Electoral Officer may appoint an auditor to assist in verifying any claim (including the auditing of the accounts in the election return accompanying the claim).
(4) A payment of financial assistance is to be made by the Chief Electoral Officer.
(5) The manner of payment of financial assistance must also be in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).
(6) 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 in such case is to be made for the benefit of the estate.
(7) 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 in such case is to be made for the benefit of the estate.
(8) 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.

62. District Officer to be Chairman
The District Officer of a District is to be the Chairman of the District Council of the District.
(Replaced 19 of 2023 s. 57)

66. Chairman to preside at meetings
The Chairman of a District Council is to preside at meetings of the District Council.
(Replaced 19 of 2023 s. 59)

67. Chairman to have a casting vote
At a meeting of a District Council, the Chairman is to have an original vote and a casting vote if the votes are equal.
(Replaced 19 of 2023 s. 59)