Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 33

By-election to be held to fill vacancy in membership of District Councils

(1) The Electoral Affairs Commission must, in accordance with regulations in
force under the Electoral Affairs Commission Ordinance ( Cap  541), arrange
for a by-election to be held in the following circumstances and not otherwise-

   (a)  on the making of a declaration as to the existence of a vacancy in the
        membership of a District Council under section 32; and

   (b)  on the making of a declaration under section 40(1) that the
        proceedings for the election for a constituency have been terminated;
        and

   (c)  on the making of a declaration under section 39(2) that an election
        for a constituency has failed because no candidate has been validly
        nominated for the election; and

   (d)  on the making of a declaration under section 40(3) that an election
        for a constituency has failed because of the death or disqualification
        of the successful candidate at the election.

(2) However, a by-election to fill a vacancy occurring in the membership of a
District Council is not to be held within the 4 months preceding the end of
the current term of office of the elected members.