Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 38

Nomination lists for geographical constituencies

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

(1) In this section-

"nominee" (獲提名人) means a person whose name is included in a
nomination  list as a candidate.

(2) The nomination of candidates for election as Members for a
geographical constituency is to be by a list submitted to the Returning 
Officer containing either-

   (a)  the names of 2 or more persons contesting the election for that
        geographical constituency as a group; or

   (b)  the name of a person contesting that election as a single candidate.

(3) A nomination list must-

   (a)  be submitted-

        (i)    on a nomination form that complies with regulations in force
               under the Electoral Affairs Commission Ordinance ( Cap 541);

        (ii)   by a nominee on the nomination list concerned;

        (iii)  within the nomination period; and

        (iv)   in the manner prescribed by those regulations; and

   (b)  be accompanied by the written consent, made on the nomination form, of
        each nominee on the nomination list; and

   (c)  contain any other particulars required by regulations in force under
        the Electoral Affairs Commission Ordinance ( Cap 541).

(4) If a nomination list contains the names of 2 or more persons, the names
are to be ranked in the order of priority of the group for which the
nomination list is submitted.

(4A) After a nomination list has been submitted to a Returning Officer-

   (a)  the order in which names of nominees appear in the list cannot be
        altered;

   (b)  the names of other persons cannot be added to the list; and

   (c)  the names of persons already on the list cannot be deleted. (Amended
        48 of 1999 s. 23)

(5) The Returning Officer must determine, for each nominee whose name appears
on the nomination list, whether or not the nominee is validly nominated.

(6) If-

   (a)  the Returning Officer determines that a nominee is not validly
        nominated; or

   (b)  a nominee's nomination is withdrawn; or

   (c)  a nominee dies, that Officer must strike out the name of that nominee
        from the nomination  list and adjust the order of priority in which
        the names of nominees appear on that list accordingly.

(6A) If, after the Returning Officer has determined that a nominee is validly
nominated, but before the close of nominations, proof is given to the
satisfaction of the Returning Officer that the nominee has died or is
disqualified from being nominated, that Officer must strike out the name of
that nominee from the nomination list and adjust the order of priority in
which the names of nominees appear on that list accordingly. (Added 48 of 1999
s. 23. Amended 25 of 2003 s. 21)

(7) If, after striking out names from a nomination list in accordance with
subsection (6) or (6A), no name remains on the list, the Returning Officer
must reject the list. (Amended 48 of 1999 s. 23)

(8) (Renumbered as subsection (4A))

(9) If, after the close of nominations, the names of more nominees remain on a
nomination list than the number of Members to be returned for the constituency
concerned, the Returning Officer must, having regard to the order in which the
nominees' names appear on the list, exclude from the list the names of the
surplus nominees so that only a number of nominees equal to the number of
Members to be returned for the constituency remain on the list.

(10) The nominees whose names remain on a nomination list after the
Returning Officer has taken the action referred to in subsections (6),

(6A) and (9) (as arranged in the order of priority indicated on the
nomination list if there are 2 or more such remaining nominees) are taken as
constituting a list of candidates for the purposes of section 49. (Amended 48
of 1999 s. 23)

(11) If, before the date of the election, proof is given to the satisfaction
of the Returning Officer that a candidate whose name appears on a list of
candidates has died or is disqualified from being nominated as a candidate,
the Returning Officer must strike out the name of that candidate from the
list. (Added 48 of 1999 s. 23. Amended 25 of 2003 s. 21)

(12) After striking out a name from a list of candidates under subsection
(11), the Returning Officer must not add the name of any other person to the
list. (Added 48 of 1999 s. 23)

(13) If, after taking the action referred to in subsection (11), no name
remains on the list of candidates, the Returning Officer must reject the list.
(Added 48 of 1999 s. 23)

(14) The candidates whose names remain on a list of candidates after the
Returning Officer has taken the action referred to in subsection

(11) are taken as constituting a new list of candidates that replaces the one
constituted under subsection (10) for the purposes of section 49. (Added 48 of
1999 s. 23)

"nominee" (獲提名人)