Hong Kong Regulations

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

No poll upon death or disqualification of candidate under certain circumstances

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

(1) If, after the death referred to in section 22A(1) or the disqualification
referred to in section 22B(1)-

   (a)  the number of candidate remaining validly nominated for election for
        the geographical constituency concerned or by the Election  Committee
        is equal to the number of Members to be returned for that
        geographical constituency or by the Election Committee, as the case
        may be;

   (b)  no candidate remains validly nominated for election for the
        geographical constituency concerned or by the Election Committee, as
        the case may be; or

   (c)  the number of candidates remaining validly nominated for election for
        the geographical constituency concerned or by the Election  Committee
        is less than the number of Members to be returned for that
        geographical constituency or by the Election Committee, as the case
        may be, the Returning Officer must, by such means as that Officer
        considers appropriate in the circumstances, declare that no poll is to
        be held for that geographical constituency or the
        Election Committee election, as the case may be.

(2) The Returning Officer must in the notice under section  22A (3)(a) or
22B(3)(a), if any, or in a separate notice-

   (a)  in the case of subsection (1)(a), declare, for the purposes of
        section 46(1) of the Legislative Council Ordinance ( Cap 542), the
        remaining candidate or candidates as being duly elected as a Member or
        as Members;

   (b)  in the case of subsection (1)(b), declare, for the purposes of
        section 46(2) of the legislative Council Ordinance ( Cap 542), the
        election to have failed;

   (c)  in the case of subsection (1)(c), declare-

        (i)    for the purposes of section 46(1) of the Legislative Council 
               Ordinance ( Cap 542), the remaining candidate or candidates as
               being duly elected as a Member or as Members; and

        (ii)   for the purposes of section 46(2) of that Ordinance, the
               election to have failed to the extent that the number of
               candidates remaining validly nominated for election is less
               than the number of Members to be returned.

(3) A separate notice containing a declaration under subsection

(2)(a) or (c)(i) must-

   (a)  be published in the Gazette as soon as practicable;

   (b)  state the name and the principal residential address of each candidate
        declared to be duly elected as a Member; and

   (c)  be in the specified form.

(4) A separate notice containing a declaration under subsection

(2)(b) or (c)(ii) must comply with section 97B(1). (L.N. 65 of 2000)