Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 8

Chief Electoral Officer to publish by-election notice if a by-election is to be held under section 36 of the Legislative Council Ordinance

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

(1) Subject to section 36(2) of the Legislative Council Ordinance ( Cap 542),
as soon as practicable after a declaration referred to in section 36(1)(a),
(b), (c), (ca) or (cb) or a determination referred to in section 36(1)(d), of
that Ordinance is made, in order to hold a by-election for the purposes of
that section 36(1), the Chief Electoral Officer must publish in the Gazette, a
notice in accordance with this section. (L.N. 65 of 2000)

(2) If a by-election is to be held for a geographical constituency or
geographical constituencies, the by-election notice must state the name of the
geographical constituency or each geographical constituency for which the
by-election is to be held, and the number of Members to be returned for the
geographical constituency or each geographical  constituency at the
by-election.

(3) If a by-election is to be held for a functional constituency or functional
constituencies, the by-election notice must state the name of the
functional constituency or each functional constituency for which the
by-election is to be held, and the number of Members to be returned for the
functional constituency or each functional constituency at the by-election.

(4) If a by-election is to be held to elect one or more Members to be elected
by the Election Committee, the by-election notice must state the number of
those Members to be returned by the Election Committee at the by-election.

(5) In each case referred to in subsections (2), (3) and (4), the
by-election notice must state the date on which the by-election is to be held.

(6) The by-election notice must also state that a poll will be held on the
relevant date referred to in subsection (5), if the number of candidates
validly nominated for the geographical constituency, functional  constituency
or for election by the Election Committee, as the case may be, exceeds the
number of Members to be returned for that geographical  constituency,
functional constituency or by the Election Committee at the by-election.

(7) The by-election notice must also state-

   (a)  the period within which nomination forms for the by-election are to be
        submitted to the Returning Officer;

   (b)  the address at which nomination forms are to be submitted; and

   (c)  that nomination forms must be submitted during ordinary 
        business hours.