Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 9

Decision as to validity of a nomination paper

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

(1) The returning officer shall, as soon as practicable after each nomination
paper is received, examine the nomination paper to decide whether the
candidate concerned has been validly nominated.

(2) Where a nomination paper is received by the returning officer in
accordance with sections 6 and 8, the candidate shall be deemed to stand
nominated unless-

   (a)  the returning officer decides that the nomination paper is invalid; or

   (b)  the candidate withdraws his candidature.

(3) Without prejudice to section 20 of the Legislative Council 
(Electoral Provisions) Ordinance ( Cap 381), the returning officer may decide
that a nomination paper is invalid, if and only if-

   (a)  the number of persons who have subscribed to the nomination paper is
        not, or the qualifications of any person who has subscribed thereto
        are not, as required by any regulations made under the Legislative 
        Council (Electoral Provisions) Ordinance ( Cap 381);

   (b)  the nomination paper has not been completed or signed as required
        under this Regulation;

   (c)  the returning officer is satisfied that the candidate is not qualified
        to be, or is disqualified from being, nominated as a candidate under
        the Legislative Council (Electoral Provisions) Ordinance ( Cap 381);

   (d)  the candidate has been nominated for another constituency in the same
        election or by-election and the returning officer is not satisfied
        that the candidate has withdrawn that candidature;

   (e)  the candidate has not paid the appropriate deposit; or

   (f)  the returning officer is satisfied that the candidate is dead.

(4) In deciding for the purposes of this section whether a person is qualified
to be nominated or disqualified from being nominated as a candidate, the
returning officer shall have regard-

   (a)  to any advice given by the Nominations Advisory Committee pursuant to
        an application made by that returning officer under the
        Boundary and Election Commission (Nominations Advisory Committee) 
        Regulation ( Cap 432 sub. leg.); and

   (b)  to any advice given on an application made by that person to the
        Nominations Advisory Committee under that Regulation or where advice
        has not been given on the application, any other result of the
        application.

(5) Subject to subsection (6), where it appears to the returning officer that
there is an error in the nomination paper which constitutes a ground for
deciding under subsection (3) that a nomination paper is invalid but it is an
error which can be corrected within the nomination period, he may give the
candidate a reasonable opportunity for correcting the error before making a
decision under subsection (1).

(6) A correction under subsection (5) shall not be made after the expiry of
the nomination period.

(7) Where the returning officer decides that a nomination paper is invalid, he
shall endorse on the paper his decision and the reasons for it and sign the
endorsement.

(8) The returning officer shall send a notice stating his decision to each
validly nominated candidate for the constituency concerned at the address
stated in his nomination paper as his residential address.

(9) The decision of the returning officer that a nomination paper is valid or
invalid is final and shall not be questioned in any proceeding whatsoever
except by an election petition.

(10) In this section "the Nominations Advisory Committee" (提名顧問小組)
means, in relation to a particular election or by-election, a Nominations
Advisory Committee appointed under the Boundary and Election Commission 
(Nominations Advisory Committee) Regulation ( Cap 432 sub. leg.) in relation
to that election or by-election. (Enacted 1995) "the Nominations Advisory
Committee" (提名顧問小組)