Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 41

System of voting and counting of votes

(Past version on 19/03/1999).

(1) At every election which is contested-

   (a)  a poll shall be taken in each constituency or constituencies in which
        the election is held; and

   (b)  the voting at that poll shall be by secret ballot; and

   (c)  the election shall be conducted in accordance with the  regulations
        and regulations in force under the Electoral Affairs 
        Commission Ordinance ( Cap 541).

(2) The votes shall be given and counted in accordance with the simple or
relative majority system of election (otherwise known as the

"first past the post" voting system) whereby the elector shall vote for not
more than one of the candidates and the candidate to whom the greatest number
of votes have been given shall be declared by the Returning Officer as the
only candidate to be elected.

(3) If, after the counting of votes is finished, 2 or more of the most
successful candidates have an equal number of votes, the Returning  Officer
must determine the result of the election by drawing lots. The person on whom
the lot falls must be determined by the Returning Officer to be the
elected member for the constituency concerned.

(4) As soon as practicable after determining the result of the election, the
Returning Officer must publicly declare as elected the candidate who was
successful at the election.

(5) Despite subsection (4), if, before declaring the result of an election for
a 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 1 of 2007 s. 5)

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

   (b)  must publicly declare, under section 40(3), that the election has
        failed.