ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - CHAPTER 367O ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - LONG TITLE Empowering section (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 (Not adopted as the Laws of the HKSAR. See Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the HKSAR of the People's Republic of China (Cap 2206 in this database)) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 367 section 28) (30 June 1994) (L.N. 284 of 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 1 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "constituency" (選區) means, in relation to a particular election, a geographical constituency, that is to say, an area declared under section 3 of the Ordinance to be a constituency for the purposes of that election; "deposit" (按金) means, in relation to a particular election, the appropriate deposit payable under section 3(1). (2) In this Regulation, any reference to- (a) the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Boundary and Election Commission Ordinance (Cap. 432) relating to procedure at an election; (b) counting of the votes or a re-count respectively shall be construed as a reference to a counting of the votes or a re-count of votes under the appropriate regulations; and (c) a counting station shall be construed as a counting station designated under the appropriate regulations. (Enacted 1994) "constituency" (選區) "deposit" (按金) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 3 Amount of deposit VerDate:30/06/1997 (1) The deposit to be lodged by a person in respect of his nomination as a candidate in respect of an ordinary election or a by-election of persons to act as a member of- (a) the Legislative Council, is $20000; (L.N. 187 of 1995) (b) the Urban Council, is $5000; (c) the Regional Council, is $5000; or (d) a District Board, is $3000. (2) Where any deposit is paid to a returning officer, he shall forthwith deposit it with the Director of Accounting Services. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 4 Return of deposit on invalid nomination or countermanding VerDate:30/06/1997 (1) Where, as regards any constituency- (a) a deposit is lodged by a person in respect of his nomination as a candidate in respect of an election for such constituency, and such person- (i) is not validly nominated; or (ii) withdraws or is deemed to have withdrawn his candidature, in respect of that constituency under the appropriate regulations, the deposit so paid; or (b) the election is countermanded under the appropriate regulations, the deposit paid in respect of each candidate for that constituency, shall be returned in accordance with this section. (2) The returning officer for the constituency concerned shall, in the case referred to in- (a) subsection (1)(a), as soon as practicable after the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of that constituency; and (b) subsection (1)(b), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election is countermanded, notify the Director of Accounting Services in writing that the deposit lodged in respect of the nomination of the candidate or each candidate, as the case may be, is returnable to that candidate or each such candidate. (3) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (2), return the amount of the deposit to the candidate or each candidate, as the case may be, specified in the notification. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 5 Disposal of deposit after publication of election result VerDate:30/06/1997 (1) Subject to subsection (2), as regards an election, after a candidate is elected in respect of a constituency, the deposit paid in respect of the nomination of each candidate for that constituency, if it has not been returned under section 4 or 6, shall be returned in accordance with this section. (2) Where the total number of votes received by any unsuccessful candidate in respect of a constituency is less than 5% of the total number of valid votes cast in that constituency, as determined by a counting of the votes and any re-count, the deposit paid in respect of his nomination shall be forfeited and paid into the general revenue, in accordance with this section. (3) Where, an election as regards a constituency- (a) is uncontested, as soon as practicable after the publication under the appropriate regulations of a notice declaring that a candidate is elected; or (b) is contested, as soon as practicable after the publication under those regulations of a notice of the result of the election, in respect of that constituency, the returning officer for the constituency shall, subject to subsection (5), notify the Director of Accounting Services that the deposit lodged in respect of the nomination of the candidate or each candidate, as the case may be, is returnable to that candidate or each such candidate. (4) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (3), return the amount of the deposit to the candidate or each candidate, as the case may be, specified in the notification. (5) The returning officer shall, as soon as practicable after the publication of the notice referred to in subsection (3)(b), notify the Director of Accounting Services in writing, as regards any unsuccessful candidate referred to in subsection (2), that the deposit lodged in respect of his nomination for that constituency at the relevant election is to be forfeited to the general revenue. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 6 Disposal of deposit in case of death of candidate VerDate:30/06/1997 (1) As regards any constituency- (a) in the case the countermanding referred to in section 4 is due to the death of a candidate; or (b) in any other case of the death of a candidate subsequent to the payment of a deposit, where the deposit would have been returned to him if not for his death, notwithstanding section 4 or 5, the deposit shall be paid to the estate of the deceased candidate, and the returning officer for the constituency concerned shall notify the Director of Accounting Services in writing accordingly. (2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the deceased candidate. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 7 Notifications in specified form VerDate:30/06/1997 Any notification for the purposes of this Regulation shall be in a specified form. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 8 Number and qualifications of subscribers to a nomination paper VerDate:30/06/1997 (1) The nomination paper of any person seeking nomination in respect of any constituency at an election of persons to act as a member of- (a) the Legislative Council shall be subscribed by 50 other persons; and (b) the Urban Council, the Regional Council or a District Board shall be subscribed by 10 other persons, each being an elector registered in respect of the constituency in respect of which the person is seeking nomination. (L.N. 187 of 1995) (2) An elector shall not subscribe more than one nomination paper as regards a particular election. (3) If an elector subscribes more than one nomination paper in contravention of subsection (2), his signature shall be inoperative on any nomination paper other than the one first delivered. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 9 Determination of election result VerDate:30/06/1997 (1) Subject to subsection (2), at an election, as regards any constituency, the candidate to whom the greater or greatest number of votes, as the case may be, have been given, shall be declared by the returning officer to be elected. (2) Where, at an election, after the counting of the votes and any re-count, an equality is found to exist between 2 or more candidates, and the addition of a vote would entitle one of those candidates to be declared elected in accordance with subsection (1), the returning officer for that constituency shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls has received an additional vote. (3) A lot for the purposes of subsection (2) shall be drawn in the presence of those persons who are entitled, under the appropriate regulations, to attend at a counting of the votes, and who are present at the counting station concerned at the relevant time. (Enacted 1994) ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 10 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 10 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1994)