Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 36

By-election to be held to fill vacancy in membership of Legislative Council

(Past version on 11/07/2003).
(Past version on 01/07/2000).
(Past version on 30/07/1999).
(Past version on 03/10/1997).

(1) The Electoral Affairs Commission must, in accordance with regulations in
force under the Electoral Affairs Commission Ordinance ( Cap  541), arrange
for a by-election to be held in the following circumstances and not otherwise-

   (a)  on the making of a declaration as to the existence of a vacancy in the
        membership of the Legislative Council under section 35;

   (b)  on the making of a declaration under section 42C that the proceedings
        for the election for a functional constituency have been terminated;

   (c)  on the making of a declaration under section 46(2) that an election
        for a constituency has failed because no candidates were validly
        nominated for election or because the number validly nominated for
        election was less than the number of Members to be returned for the
        constituency; (Amended 25 of 2003 s. 19)

   (ca) on the making of a declaration under section 46A(1) that the
        proceedings for the election for a constituency have been terminated;
        (Added 48 of 1999 s. 21. Amended 25 of 2003 s. 19)

   (cb) on the making of a declaration under section 46A(3) that an election
        for a constituency has failed- (Amended 25 of 2003 s. 19)

        (i)    because of the death or disqualification of the successful
               candidate at the election; or

        (ii)   because the number of candidates returned at the election was
               less than the number of Members to be returned for the
               constituency due to
the death or disqualification of a successful candidate;    (Added 48 of 
1999 s. 21. Amended 25 of 2003 s. 19)

   (d)  on the Court's making a determination under section 67 that a person
        whose election is questioned was not duly elected and that no other
        person was duly elected instead. (Amended 48 of 1999 s. 21)

(2) However, a by-election to fill a vacancy occurring in the membership of
the Legislative Council is not to be held-

   (a)  within the 4 months preceding the end of that Council's current
        term of office; or

   (b)  if the Chief Executive has published in the Gazette an order
        dissolving that Council in accordance with the Basic Law.