Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 14

Publication of notice of by-election to fill remaining vacancies

Caution: This is a past version. See the current version here.

(1) Where as regards a constituency, no person is validly nominated as a
candidate or each validly nominated candidate has withdrawn his candidature,
the returning officer shall, not later than 14 days beginning on the expiry of
the nomination period, subject to subsection (2) and section 5H(2) or 24(2) of
the Electoral Provisions Ordinance ( Cap. 367), publish in the Gazette a
notice containing, as regards that constituency, the particulars required to
be contained, stated or specified in a notice published under section 3(1) and
hold a by-election accordingly. (L.N. 656 of 1994; L.N. 221 of 1995)

(2) Where a notice of by-election is published under subsection (1) and at the
expiry of the nomination period there is no person validly nominated for such
constituency, a further notice of by-election shall not be published as
regards that constituency-

   (a)  other than as provided in subsection (3); or

   (b)  unless, in the case of a by-election as regards a constituency in
        respect of the Legislative Council, such publication becomes necessary
        pursuant to a dissolution of that Council.

(3) If the vacancy in the constituency concerned is not filled in the
by-election held under subsection (1), within 7 days of the expiry of the
period of 6 months beginning on the date the notice of by-election is
published under that subsection, the returning officer shall, subject to
section 5H(2) or 24(2) of the Electoral Provisions Ordinance ( Cap. 367),
publish in the Gazette a notice of by-election containing as regards the
constituency concerned the particulars required to be contained, stated or
specified in a notice published under section 3(1) and hold a by-election
accordingly.

(4) Section 3(3) and (4) shall apply in relation to a notice under this
section subject to necessary modifications. (Enacted 1994)