LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - CHAPTER 381F LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) 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)) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 381 section 28) (26 May 1995) (L.N. 188 of 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 1 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) means an election held for the purposes of section 11 of the Ordinance; "deposit" (按金) means the deposit payable under section 2(1); "election" (選舉) means- (a) an election held to elect all the elected Members of the Legislative Council in respect of the functional constituencies or the election committee constituency; or (b) a by-election. (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; (c) a counting station shall be construed as a reference to a counting station designated under the appropriate regulations; and (d) the relevant constituency in relation to- (i) the forfeiture of the deposit shall be construed as a reference to the constituency for which the unsuccessful candidate stood for election; and (ii) an elector subscribing a nomination paper of a person shall be construed as a reference to the constituency in respect of which the person is seeking nomination. (Enacted 1995) "by-election" (補選) "deposit" (按金) "election" (選舉) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 2 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 a constituency in an election is $20000. (2) Where any deposit is paid to a returning officer, he shall forthwith deposit it with the Director of Accounting Services. (Enacted 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 3 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, and such person- (i) is not validly nominated; or (ii) withdraws 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 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 4 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 3 or 5, shall be returned in accordance with this section. (2) Where- (a) the total number of first preference votes received by an unsuccessful candidate in respect of- (i) the Urban Council functional constituency; (ii) the Regional Council functional constituency; or (iii) the Rural functional constituency, is less than 5% of the total number of valid first preference votes cast in the relevant constituency; (b) the total number of votes received by an unsuccessful candidate in respect of a functional constituency other than a constituency referred to in paragraph (a) is less than 5% of the total number of valid votes cast in the relevant functional constituency; (c) the total number of first preference votes received by an unsuccessful candidate in respect of the election committee constituency- (i) in an election described in paragraph (a) of the definition of "election" in section 1, is less than 2.5% of the total number of valid first preference votes cast in that constituency; and (ii) in a by-election is less than 5% of the total number of valid first preference 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- (a) the number of validly nominated candidates for any constituency is less than or equal to the number of vacancies in the constituency, as soon as practicable after the publication under the appropriate regulations of a notice declaring that a candidate or candidates, as the case may be, is or are elected in respect of that constituency; or (b) the number of validly nominated candidates for any constituency is more than the number of vacancies in the constituency, as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that constituency, the returning officer for the constituency concerned 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 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 5 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 3 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 3 or 4, 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 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 6 Notifications in specified form VerDate:30/06/1997 Any notification for the purposes of this Regulation shall be in a specified form. (Enacted 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 7 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- (a) the Urban Council functional constituency or the Regional Council functional constituency shall be subscribed by 5 other persons each being an elector registered in respect of the relevant constituency; (b) a functional constituency specified in item 21, 22, 23, 24, 25, 26, 27, 28 or 29 of Part II of Schedule 2 to the Ordinance shall be subscribed by 50 other persons each being an elector registered in respect of the relevant constituency; (c) any functional constituency other than a constituency referred to in paragraph (a) or (b) shall be subscribed by 10 other persons each being an elector registered in respect of the relevant constituency; and (d) the election committee constituency shall be subscribed by 5 other persons each being an elector registered in respect of that constituency. (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. (4) For the avoidance of doubt, it is declared that subsection (2) shall not be construed as preventing an elector from subscribing a nomination paper of a candidate in respect of a geographical constituency and a constituency referred to in subsection (1). (Enacted 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 8 Determination of election result and particulars relating to the single transferable vote system of election VerDate:30/06/1997 (1) Where, at an election, after the counting of the votes and any re-count in respect of- (a) a constituency other than a constituency referred to in paragraph (b) or subsection (2), 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, 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; (b) the Labour functional constituency- (i) an equality is found to exist between 2 or more candidates; and (ii) the number of vacancies is less than the number of remaining candidates; and (iii) the addition of a vote would entitle either candidate with the equality of votes, or if more than 2, any of those candidates to be declared elected, the returning officer for that constituency shall forthwith decide by the drawing of lots the candidate or the candidates, to be declared elected to fill the remaining vacancy or vacancies, as the case may be. (2) If at the final stage of the count in respect of the election committee constituency- (a) the number of candidates who are not elected and not eliminated from the count exceeds the number of remaining vacancies in that constituency; and (b) the total value of the votes received by each such candidate is equal to the value of the votes received by the other candidate or each of the other candidates respectively, as the case may be, the returning officer shall decide by the drawing of lots which candidate or candidates shall be declared elected to fill the vacancy or vacancies. (3) In counting the votes in accordance with the single transferable vote system referred to in section 12A(2) of the Ordinance, the following shall apply- (a) at any stage of the count- (i) if there is a surplus, that shall be transferred; and (ii) if, and only if, there is no such surplus to be transferred, there shall be an elimination of a candidate or candidates for the purposes of section 12A(2)(a)(vi) of the Ordinance; and (b) in determining- (i) the transfer value for the purpose of transferring a surplus or the votes of an eliminated candidate; or (ii) the value of votes received by a candidate, the necessary calculation shall be made to 2 places after the decimal and the remainder, if any, shall be disregarded. (Enacted 1995) LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 9 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1995)