Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 40

When election proceedings are terminated or when an election fails

(Past version on 19/03/1999).

(1) If, on the day specified for the holding of an election but before the
close of polling for the election, proof is given to the satisfaction of the
Returning Officer that a validly nominated candidate for election for a
constituency has died or is disqualified from being elected, that Officer
must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541), publicly declare that the
proceedings for the election for the constituency are terminated. (Amended 1
of 2007 s. 4)

(2) If, after the close of polling for an election but before declaring the
result of the election, proof is given to the satisfaction of the
Returning Officer that a candidate for election for a constituency has died or
is disqualified from being elected, the proceedings for the election for the
constituency are not to be terminated at that stage. If the counting of votes
in respect of the election has not begun or is being conducted, the counting
of votes is to begin or to continue as if the death or disqualification had
not occurred. (Amended 1 of 2007 s. 4)

(3) If, after the counting of votes is finished, the candidate referred to in
subsection (2) is found to be successful at the election, the
Returning Officer must, in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541), publicly declare the
election to have failed.