Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 36

Who are validly nominated candidates

(Past version on 19/03/1999).

(1) The Returning Officer must, as soon as practicable after receiving a
nomination form that complies with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541), decide in accordance with
those regulations whether or not a person is validly nominated as a candidate.

(2) If, after the Returning Officer has made a decision under subsection (1)
that a candidate is validly nominated for election for a constituency but
before the date specified for holding the election, proof is given to the
satisfaction of the Returning Officer that the candidate has died, that
Officer must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541)- (Amended 1 of 2007 s. 3)

   (a)  publicly declare that the candidate has died; and

   (b)  further declare which candidate or candidates are validly nominated
        for election for that constituency.

(3) Subsection (2) does not apply if the Returning Officer has publicly
declared under section 39(1) that the candidate was duly elected as an
elected member.

(4) If, after the Returning Officer has made a decision under subsection (1)
that a candidate is validly nominated for election for a constituency but
before the date specified for holding the election, proof is given to the
satisfaction of the Returning Officer that the candidate is disqualified from
being nominated as a candidate, the Returning Officer must, in accordance with
regulations in force under the Electoral Affairs  Commission Ordinance (
Cap 541), vary the decision to the effect that the candidate is not validly
nominated. If the Returning Officer so varies the decision, that Officer must,
in accordance with those regulations- (Amended 1 of 2007 s. 3)

   (a)  publicly declare that the decision has been varied; and

   (b)  further declare which candidate or candidates are validly nominated
        for election for that constituency.

(5) Subsection (4) does not apply if the Returning Officer has publicly
declared under section 39(1) that the candidate was duly elected as an
elected member.