Hong Kong Regulations

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

No poll upon death or disqualification of candidate for a GC under certain circumstances

(Past version on 05/05/2000).

(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 is equal to the number of
        Members to be returned for that geographical constituency;

   (b)  no candidate remains validly nominated for election for the
        geographical constituency concerned; or

   (c)  the number of candidates remaining validly nominated for election for
        the geographical constituency concerned is less than the number of
        Members to be returned for that geographical constituency, 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. (L.N. 84 of 2004)

(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)