Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 22B

Returning Officer to notify or declare if a validly nominated candidate is known to be disqualified

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

(1) A notice under section 42B(4) of the Legislative Council  Ordinance (
Cap 542) is to be given in writing, by the Returning Officer concerned, as
soon as practicable after the disqualification to which the variation of
decision relates comes to the knowledge of that Officer, to- (L.N. 29 of 2004)

   (a)  the Chief Electoral Officer; and

   (b)  if practicable, each candidate who remains validly nominated for
        election for the geographical constituency concerned or by the
        Election Committee, as the case may be, to replace the notice under
        section 19(3).

(2) The Returning Officer under subsection (1)-

   (a)  must-

        (i)    endorse on the nomination form of the disqualified candidate
               that that Officer's decision made under section 42A(1) of the
               Legislative  Council Ordinance ( Cap 542) in relation to that
               candidate is varied and the reason for the variation of
               decision; and

        (ii)   sign the endorsement; and

   (b)  may on polling day, if that Officer considers it appropriate to do so,
        display a notice in a prominent place outside each polling station
        used for polling for the geographical constituency concerned or for
        the Election Committee election, as the case may be.

(3) Declarations under section 42B(5) of the Legislative Council  Ordinance (
Cap 542) are to be made by the Returning Officer concerned, as soon as
practicable after the disqualification to which the variation of decision
relate comes to the knowledge of that Officer-

   (a)  by notice published in the Gazette;

   (b)  by notice published in any daily newspaper in circulation in Hong
        Kong;

   (c)  by a public announcement made by radio or television; or

   (d)  by such other means as that Officer considers appropriate in the
        circumstances.

(4) A notice under subsection (2)(b) or (3)(a) or (b) must state-

   (a)  the name and the principal residential address of the disqualified
        candidate;

   (b)  whether the disqualified candidate was nominated for election for a
        geographical constituency (and if so, the name of the geographical 
        constituency) or by the Election Committee;

   (c)  that the decision of the Returning Officer made under section  42A (1)
        of the Legislative Council Ordinance ( Cap 542) has been varied to the
        effect that the candidate is not validly nominated; and

   (d)  the name and the principal residential address of each candidate who
        remains validly nominated for election for that geographical 
        constituency or by the Election Committee, as the case may be.

(5) A public announcement under subsection (3)(c) must state-

   (a)  the name of the disqualified candidate;

   (b)  whether the disqualified candidate was nominated for election for a
        geographical constituency (and if so, the name of the geographical 
        constituency) or by the Election Committee; and

   (c)  the name of each candidate who remains validly nominated for election
        for that geographical constituency or by the Election Committee, as
        the case may be. (L.N. 65 of 2000)