Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 51

System of voting and counting of votes: other 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)(e) to (zb). (Amended 48 of 1999 s. 35)

(2) Voting and counting of votes at a poll for the return of a Member or
Members for a functional constituency to which this section applies is to be
conducted in accordance with the simple or relative
majority system of election (otherwise known as the "first past the post"
voting system) whereby an elector may vote for as many candidates as there are
vacancies and no more.

(3) If the election is for a single-member functional constituency that is
contested by 2 or more candidates, the candidate to be returned as a Member is
the candidate who obtains the greater or greatest number of votes.

(4) If the election is for a triple-member functional constituency that is
contested by 4 or more candidates at a general election, the candidates to be
returned as Members are the 3 candidates who obtain the greatest and next 2
greatest numbers of votes.

(5) Subsection (4) applies with any necessary modifications to a by-election
to return fewer than 3 Members for a triple-member constituency.

(6) If, after the counting is finished at an election for a
functional constituency to which this section applies, a Member or Members is
still to be returned for the constituency and the most successful candidates
have an equal number of votes, the Returning Officer must determine the result
of the election by drawing lots. The candidate or candidates on whom the lot
falls is or are to be returned at the election. (Amended 48 of 1999 s. 35)

(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 or candidates who were
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 or a candidate who was successful at the
election has died or is disqualified from being elected, that Officer-
(Amended 25 of 2003 s. 34)

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

   (b)  must publicly declare, under section 46A(3), that the election-

        (i)    has failed; or

        (ii)   (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. 35)