Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) 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-

   (a)  no person is validly nominated as a candidate;

   (b)  the number of validly nominated candidates is less than the number of
        vacancies; or

   (c)  each validly nominated candidate has withdrawn his candidature, the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  11 (2) or (3) of the
        Legislative Council (Electoral Provisions) Ordinance ( Cap. 381), as
        may be appropriate, publish in the Gazette a notice which shall-

        (i)    if the constituency concerned is the election committee
               constituency, contain the particulars required to be contained,
               stated or specified in a notice published under
               section 3(1)(a); and

        (ii)   if the constituency concerned is a functional constituency,
               contain as regards the particular functional constituency, the
               particulars required to be contained, stated or specified in a
               notice published under section 3(1)(b).

(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 in
respect of the constituency concerned or the number of validly nominated
candidates in respect of that constituency is less than the number of
vacancies in it, a further notice of by-election shall not be published as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 such publication becomes necessary pursuant to the dissolution
        of the Legislative 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 11(2) or (3) of the Legislative Council (Electoral Provisions) 
Ordinance ( Cap. 381), as may be appropriate, publish in the Gazette a notice
of by-election which shall-

   (a)  if the constituency concerned is the election committee constituency,
        contain the particulars required to be contained, stated or specified
        in a notice published under section 3(1)(a); and

   (b)  if the constituency concerned is a functional constituency, contain as
        regards the particular functional constituency, the particulars
        required to be contained, stated or specified in a notice published
        under section 3(1)(b).

(4) Section 3(2) and (3) shall apply in relation to a notice under this
section subject to necessary modifications. (Enacted 1995)