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

10B. Functions of the Eligibility Review Committee
(1) The Eligibility Review Committee is to review and confirm the eligibility of—
(a) any person proposed to be appointed under Division 1 of Part IV as a member;
(b) any person proposed to be registered under Division 2 of Part IV as an ex officio member; or
(c) any person nominated under Part V as a candidate.
(2) In deciding the eligibility of a person under subsection (1)—
(a) the Eligibility Review Committee is to seek the opinion of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region (CSNS

11. Chief Executive to appoint members
(1) The Chief Executive may appoint as members of a District Council a number of persons not exceeding the number specified in column 3 of Part 1 of Schedule 3 in relation to that District Council.
(2) The Chief Executive may only appoint a person as a member under subsection (1) if the proposal to appoint the person is decided as valid by the Eligibility Review Committee under section 13.
(3) If the Chief Executive appoints a person as a member under subsection (1), the Designated Officer must issue a letter of appointment to the person.
(4) A person appointed as a member for a term of office of a District Council holds office from the date specified in the letter of appointment and vacates office at the end of the term of office of the District Council.
(5) The Designated Officer must, within 21 days after the date of the letter of appointment, publish in the Gazette the person’s name and his or her term of office as a member.

12. Who is eligible to be appointed as member
(1) A person is eligible to be appointed as a member only if the person—
(a) has reached 21 years of age;
(b) is registered as an elector in the existing GC register;
(c) is not disqualified from voting at an election;
(d) is not disqualified from being appointed as a member by virtue of section 14 or any other law; and
(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the appointment.
(2) A person elected at an election as a member for a term of office of a District Council is not eligible to be appointed as a member in that term of office.
(3) A person who is holding office as the Chairman of a Rural Committee is not eligible to be appointed as a member.

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

13. Decision on validity of proposals to appoint persons as members
(1) The Designated Officer may submit a proposal to appoint a person as a member to the Eligibility Review Committee.
(2) The Eligibility Review Committee must, as soon as practicable after receiving a proposal submitted by the Designated Officer, decide whether or not the proposal is valid.
(3) Without prejudice to sections 12 and 14, the Eligibility Review Committee may decide a proposal to appoint a person to be invalid if and only if—
(a) the Eligibility Review Committee is satisfied that the person fails to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China;
(b) the Eligibility Review Committee is satisfied that the person is not eligible to be, or disqualified from being, appointed as a member; or
(c) the Eligibility Review Committee is satisfied that the person is dead.
(4) In deciding whether a proposal to appoint a person is valid, the Eligibility Review Committee—
(a) may require the Designated Officer to furnish any information in the possession of the Officer that relates to any of the matters specified in subsection (5);
(b) may require the person to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the proposal; and
(c) may require the Designated Officer to obtain any other information that relates to any of the matters specified in subsection (5) from any person.
(5) The matters specified for subsection (4)(a) and (c) are—
(a) whether the proposal is valid;
(b) whether the person is eligible to be appointed as a member under section 12;
(c) whether the person is disqualified from being so appointed under section 14; and
(d) whether the person is dead.
(6) If the Eligibility Review Committee decides that a proposal to appoint a person is invalid—
(a) the Committee must inform the Designated Officer of the decision and the reasons for it; and
(b) the Designated Officer must, as soon as practicable, inform the person and the Chief Electoral Officer of the decision and the reasons in writing.

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

15. How an appointed member can resign
(1) A person appointed as a member may at any time resign from office as a member by giving written notice of resignation to the Designated Officer.
(2) A notice of resignation is not effective unless it is signed by the member concerned.
(3) A notice of resignation takes effect—
(a) on the date on which the notice is received by the Designated Officer; or
(b) if a later date is specified in the notice, on that later date.

16. When the office of appointed member becomes vacant and appointment of substitute
(1) The office of a member appointed under this Division becomes vacant if—
(a) the member dies;
(b) the member resigns in accordance with section 15 or is taken to have resigned under section 17C;
(c) the member is disqualified under section 26A from holding office as a member; or
(d) the member’s appointment is revoked by the Chief Executive.

Note—
See section 42 of the Interpretation and General Clauses Ordinance (Cap. 1).
(2) When the office of a member appointed under this Division becomes vacant under subsection (1), the Chief Executive may appoint another person to hold office as a member in that member’s place under section 11.

17. Who is eligible to be registered as ex officio member
A person who is holding office as the Chairman of a Rural Committee specified in column 5 of Part 2 of Schedule 3 is eligible to be registered in accordance with this Division as an ex officio member of the District Council specified opposite to the Rural Committee in column 3 of that Part.
(Replaced 19 of 2023 s. 15)

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

17A. How to register as ex officio members
(1) A person who is holding office as the Chairman of a Rural Committee may be registered as an ex officio member only if the person submits a registration form that complies with this section to the Designated Officer.
(2) The registration form must be in the specified form.
(3) The registration form must contain—
(a) a declaration by the person to the effect that the person—
(i) is holding office as the Chairman of a Rural Committee; and
(ii) is not disqualified from being registered as an ex officio member; and
(b) a declaration by the person to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.
(4) The registration form must be signed by the person.
(5) The registration form must contain other particulars (if any) required to be furnished on that form.
(6) The Designated Officer may require a person to be registered under this section to furnish any other information to enable the Eligibility Review Committee to decide whether or not the registration is valid.
(7) For the purpose of constituting the seventh term of the District Councils, the registration form must be submitted to the Designated Officer by 1 December 2023.
(Added 19 of 2023 s. 16)