Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 42B

Death or disqualification of a validly nominated candidate for election for geographical constituency before date of election

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

(1) If, after the Returning Officer has made a decision under section 42A(1)
that a candidate is validly nominated for election for a
geographical constituency, but before the date of the election, proof is given
to the satisfaction of the Returning Officer that the candidate has died, that
Officer must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541), give notice of the death of
the candidate.

(2) If a notice under section 42A(2) has been published, the Returning Officer
must also, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541)-

   (a)  publicly declare that the candidate has died; and

   (b)  further declare which candidate or candidates are validly nominated
        for election for the constituency.

(3) Subsections (1) and (2) do not apply if the Returning Officer has publicly
declared under section 46(1) that the candidate was duly elected as a Member.

(4) If, after the Returning Officer has made a decision under section 42A(1)
that a candidate is validly nominated for election for a
geographical constituency, but before the date of the election, proof is given
to the satisfaction of the Returning Officer that the candidate is
disqualified from being nominated as a candidate, the Returning Officer must,
in accordance with regulations in force under the Electoral Affairs 
Commission Ordinance ( Cap 541), vary the decision to the effect that the
candidate is not validly nominated. If the Returning Officer so varies the
decision, that Officer must, in accordance with those regulations, give notice
of the variation of the decision.

(5) If a notice under section 42A(2) has been published, the Returning Officer
must also, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541)-

   (a)  publicly declare that the decision has been varied; and

   (b)  further declare which candidate or candidates are validly nominated
        for election for the constituency.

(6) Subsections (4) and (5) do not apply if the Returning Officer has publicly
declared under section 46(1) that the candidate was duly elected as a Member.
(Added 48 of 1999 s. 26. Amended 25 of 2003 s. 25)