Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 49

System of voting and counting of votes: geographical constituencies

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

(1) In this section-

"list" (名單) means a list of candidates referred to in section 38(10) or a
new list of candidates referred to in section 38(14); (Amended 48 of 1999 s.
33)

"specified number" (指明議席數目), in relation to a
geographical constituency, means the number of Members to be returned for the
constituency, as specified in an order made under section 19(2);

"votes" (票) means valid votes.

(2) The election of Members for a geographical constituency is to be conducted
in accordance with the voting system known as the list system of proportional
representation.

(3) At an election for a geographical constituency, an elector is entitled to
cast a single vote for a list (as shown on the ballot paper) and not for an
individual candidate.

(4) The candidates to be returned as Members for a geographical  constituency
at a general election are to be determined as provided by this section. This
section applies with any necessary modifications to by-elections for a
geographical constituency.

(5) Subject to this section, for every quota of votes cast for a list, a
candidate whose name appears on the list is to be returned as a Member for the
relevant geographical constituency.

(6) For the purposes of subsection (5), a quota is to be calculated as
follows- V Q = --- N where- Q represents the quota (with any part of the
number resulting from the calculation that is a fraction to be disregarded); V
represents the total number of votes cast at the election for all of the
lists; N represents the specified number for the constituency concerned.

(7) If, after all of the votes are counted-

   (a)  the number of Members that can be returned by virtue of subsection (5)
        is less than the specified number; or

   (b)  none of the specified number of Members can be returned by applying
        the quota, the number of Members remaining to be returned, or the
        specified number of Members to be returned, for the constituency is to
        be determined by applying the largest remainder formula as provided by
        subsection (8).

(8) Subject to subsections (9) and (11), the largest remainder formula is to
be applied as follows-

   (a)  the list with the largest remaining number of votes is determined from
        among the lists that have any remaining votes (that is, lists, if any,
        for which more votes were cast than is necessary to obtain a quota and
        from which the quota, or a multiple of the quota if more than one is
        obtained, has been deducted), and lists for which fewer votes were
        cast than is necessary to obtain a quota;

   (b)  a candidate is returnable for the list that has the largest remaining
        number of votes as determined under paragraph (a);

   (c)  if the specified number of Members is not returned in accordance with
        subsection (5) and paragraph (b), the process is to be continued with
        the remaining votes as provided by paragraphs (a) and (b) until the
        specified number of Members is returned for the constituency.

(9) If the number of votes cast for a list is such that, after the candidate,
or all of the candidates, on that list are elected as provided by subsection
(5), votes remain that would entitle a further candidate or further candidates
to be returned in respect of the list-

   (a)  the candidate whose name appears, or the candidates whose names
        appear, on the list are to be returned as Members; and

   (b)  the list is taken to have no votes remaining.

(10) After the candidate or candidates are determined as being returned as
provided by subsection (9)(a), in order to return the remaining number of
Members, the list having the largest remaining number of votes, and if
necessary, the next largest, is determined for the purposes of subsection (8)
and the process is to continue until the specified number of Members is
returned for the constituency.

(11) If, at any stage in determining the Members to be returned, it is found
(after a re-count, where a re-count takes place) that-

   (a)  2 or more lists have the largest number of remaining votes; and

   (b)  the number of those lists exceeds the number of Members remaining to
        be returned at that stage, the Returning Officer must determine the
        result at that stage by drawing lots. The Member is or Members are to
        be returned from the list or lists on which the lot falls. (Amended 48
        of 1999 s. 33)

(12) When, in accordance with this section, 2 or more candidates are to be
returned in respect of a list, which of the candidates are to be returned as
Members is to be determined according to the order of priority in which their
names appear on the list, beginning with the first (at the top of the list)
and then proceeding in descending order.

(13) As soon as practicable after determining the result of an election for a
geographical constituency, the Returning Officer must publicly declare as
elected the candidates who were successful at the election.

(14) Despite subsection (13), if, before declaring the result of an election
for a geographical constituency, proof is given to the satisfaction of the
Returning Officer that a candidate on a list who was successful at the
election has died or is disqualified from being elected, that Officer must not
declare that candidate as elected. (Added 48 of 1999 s. 33. Amended 25 of 2003
s. 32)

(15) If there is another candidate or there are other candidates on the same
list who has not or have not been returned for the constituency, the candidate
is to be returned or a candidate is to be returned according to the order of
priority on the list (subject to that candidate's being not disqualified from
being elected) in place of the deceased or disqualified candidate. In that
case the Returning Officer must publicly declare the candidate so returned to
be elected. (Added 48 of 1999 s. 33)

(16) If there is no other candidate on the same list who can be returned under
subsection (15) for the constituency, the Returning Officer must publicly
declare, under section 46A(3), that the election-

   (a)  has 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) has 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. (Added 48 of 1999 s. 33)

"list" (名單)

"specified number" (指明議席數目)

"votes" (票)