Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 60

What is to happen if an elected member is determined not to have been duly elected

(1) If, on the hearing of an election petition, the Court determines that a
person who was originally declared to have been elected as an elected member
at an election was not duly elected, that person ceases to be an
elected member and, subject to subsection (2), that person's office as an
elected member becomes vacant from the date of the determination.

(2) If, on the hearing of an election petition, the Court determines that a
person was duly elected as an elected member in place of a person that the
Court has determined not to have been duly elected at the election, the
first-mentioned person becomes an elected member from the date of the
determination.