Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 16

Returning Officer to decide whether candidates are validly nominated

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

(1) The Returning Officer must, as soon as practicable after receiving a
nomination form, decide whether a candidate is validly nominated.

(2) If section 10, 11 or 12 (as may be applicable) and sections 37, 39 and 40
of the Legislative Council Ordinance ( Cap 542) are complied with, the
candidate stands validly nominated unless-

   (a)  the Returning Officer decides that the nomination form is invalid; or

   (b)  the candidate withdraws his or her candidature.

(3) Without prejudice to sections 37, 39 and 40 of the Legislative 
Council Ordinance ( Cap 542), the Returning Officer may decide that a
nomination is invalid if and only if-

   (a)  the nomination form has not been signed by the prescribed  number of
        subscribers qualified to subscribe to the nomination form under the
        Legislative Council (Subscribers and Election Deposit for Nomination)
        Regulation ( Cap 542 sub. leg.);

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

   (c)  the Returning Officer is satisfied that the candidate is not eligible
        to be or is disqualified from being nominated as a candidate under the
        Legislative Council Ordinance ( Cap 542);

   (d)  in the case the nomination form relates to-

        (i)    a constituency, the candidate has been nominated for another
               constituency (whether a geographical constituency or a
               functional  constituency) in the same election or if
               applicable, for the Election  Committee election; and

        (ii)   the Election Committee election, the candidate is nominated for
               a constituency, and the Returning Officer is satisfied that the
               other candidature has not been withdrawn;

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

   (f)  the Returning Officer is satisfied that the candidate is dead.

(4) In this section "prescribed number" (訂明數目) means the number of
subscribers required to subscribe to the nomination form under the Legislative
Council (Subscribers and Election Deposit for Nomination) Regulation ( Cap 542
sub. leg.), having regard to whether the nomination  form is submitted for a
geographical constituency, functional constituency or the
Election Committee election.

"prescribed number" (訂明數目)