Hong Kong Regulations

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

Returning Officer to notify and declare if a validly nominated candidate for a GC is proved to be disqualified*

(Past version on 16/07/2004).
(Past version on 27/02/2004).
(Past version on 05/05/2000).

(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 is proved to the satisfaction of that Officer, to- (L.N. 29
of 2004; L.N. 84 of 2004)

   (a)  the Chief Electoral Officer; and

   (b)  if practicable, each candidate who remains validly nominated for
        election for the geographical constituency concerned, 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.

(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
relates is proved to the satisfaction of that Officer- (L.N. 84 of 2004; L.N.
66 of 2008)

   (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)  the name of the geographical constituency for which the disqualified
        candidate was nominated; (L.N. 84 of 2004)

   (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.

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

   (a)  the name of the disqualified candidate;

   (b)  the name of the geographical constituency for which the disqualified
        candidate was nominated; and (L.N. 84 of 2004)

   (c)  the name of each candidate who remains validly nominated for election
        for that geographical constituency. (L.N. 65 of 2000; L.N. 84 of 2004)
        _____________________________________________________________________
        Note:

* (Amended L.N. 66 of 2008)