Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 50

System of voting and counting of votes: the Heung Yee Kuk, the agriculture and fisheries, the insurance and the transport functional constituencies

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

(1) This section applies to elections for functional constituencies specified
in section 20(1)(a) to (d). (Amended 48 of 1999 s. 34)

(2) Voting and counting of votes at a poll for the return of a Member for a
functional constituency to which this section applies is to be conducted in
accordance with the preferential elimination system of voting.

(3) An elector entitled to vote at an election to return a Member for a
functional constituency to which this section applies is entitled to cast a
single vote. That vote is transferable amongst the candidates nominated for
election, with the elector marking the elector's preference or preferences for
those candidates on the ballot paper against one or more of those candidates
in descending order.

(4) In order to be elected, a candidate must obtain an absolute majority of
the votes.

(5) If no candidate obtains an absolute majority of the votes at a particular
stage of the counting of votes-

   (a)  the candidate with the least number of votes, or the candidates with
        the least number of votes if 2 or more such candidates have an equal
        number of votes, is to be eliminated at that stage; and

   (b)  that candidate's votes, or those candidates' votes, are to be
        transferred to the candidates then remaining in accordance with the
        next available preferences marked on the ballot papers. This process
        is to continue until one candidate obtains an absolute majority over
        the other candidate or candidates then remaining.

(6) If, after the final stage of counting of votes at an election for a
functional constituency to which this section applies, the remaining
candidates have an equal number of votes, the Returning Officer must determine
the result of the election by drawing lots. The candidate on whom the lot
falls is to be returned at the election. (Amended 48 of 1999 s. 34)

(7) As soon as practicable after determining the result of an election for a
functional constituency to which this section applies, the Returning Officer
must publicly declare as elected the candidate who was successful at the
election.

(8) Despite subsection (7), if, before declaring the result of an election for
a functional constituency, proof is given to the satisfaction of the
Returning Officer that the candidate who was successful at the election has
died or is disqualified from being elected, that Officer- (Amended 25 of 2003
s. 33)

   (a)  must not declare that candidate as elected; and

   (b)  must publicly declare, under section 46A(3), that the election has
        failed. (Added 48 of 1999 s. 34)