Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5

Notice of by-election where election is countermanded

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

(1) If, at any election or by-election, after the expiry of the nomination
period and before the declaration of the result of the election as regards a
particular constituency, it is established to the satisfaction of the
returning officer that a validly nominated candidate in respect of that
constituency has died or has become disqualified from being elected, the
returning officer shall forthwith declare, by issuing a notice in the
specified form, that the election or by-election in respect of that
constituency is countermanded.

(2) The returning officer shall publish in the Gazette the notice referred to
in subsection (1) as soon as practicable after the declaration under that
subsection is made.

(3) Subject to section 11(2) and (3) of the Legislative Council 
(Electoral Provisions) Ordinance ( Cap. 381), not later than 14 days beginning
on the date a notice under subsection (1) is published, the returning officer
shall publish in the Gazette a notice, 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 as in relation to a notice under
subsection (3) subject to necessary modifications.

(5) The date (which shall be stated in the notice under subsection

(3)) for holding a by-election pursuant to this section shall be appointed by
the Commission and shall not be later than 60 days from the date the
countermanded election was or would have been held. (Enacted 1995)