Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 46A

Death or disqualification of a validly nominated candidate before declaration of election result

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

(1) If, on the date of an election but before the close of polling for the
election, proof is given to the satisfaction of the Returning  Officer that a
validly nominated candidate for election for a constituency has died or is
disqualified from being elected, that Officer must, in accordance with
regulations in force under the Electoral Affairs  Commission Ordinance (
Cap 541), publicly declare that the proceedings for the election for the
constituency are terminated. (Amended 25 of 2003 s. 29)

(2) If, after the close of polling for an election but before declaring the
result of the election, proof is given to the satisfaction of the
Returning Officer that a validly nominated candidate for election for a
constituency has died or is disqualified from being elected, the proceedings
for the election for the constituency are not to be terminated at that stage.
If the counting of votes in respect of the election has not begun or is being
conducted, the counting of votes is to begin or to continue as if the death or
disqualification had not occurred. (Amended 25 of 2003 s. 29)

(3) If, after the counting of votes is finished, the candidate referred to in
subsection (2) is found to be successful at the election, the
Returning Officer must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541), publicly declare the
election-

   (a)  to have failed; or

   (b)  (where more than one Member is to be returned at the election for the
        constituency and there is another candidate or there are other
        candidates returned for the constituency) to have failed to the extent
        that the number of candidates returned at the election for the
        constituency was less than the number of Members to be returned for
        the constituency.

(4) The Returning Officer must not declare an election for a
geographical constituency to have failed, or to have failed to the extent that
the number of candidates returned at the election for the constituency was
less than the number of Members to be returned for the constituency, under
subsection (3) if-

   (a)  the successful candidate who has died or is disqualified from being
        elected was contesting in respect of a particular list within the
        meaning of section 49 for election for the constituency; and

   (b)  another candidate whose name appears on the same list is to be
        returned in place of the deceased or disqualified candidate in
        accordance with section 49(15). (Added 48 of 1999 s. 31. Amended 25 of
        2003 s. 29)