Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 21

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

(1) A notice under section 23(4) of the Schedule to the Chief 
Executive Election Ordinance ( Cap 569) is to be given 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. The notice must be given in writing to-

   (a)  the Chief Electoral Officer; and

   (b)  if practicable, each candidate who remains validly nominated for the
        subsector election concerned, to replace the notice under section  16
        (4).

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

   (a)  must-

        (i)    endorse on the subsector nomination form of the disqualified
               candidate that that Officer's decision made under section 22(1)
               of the Schedule to the Chief Executive Election Ordinance (
               Cap 569) 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 subsector concerned.

(3) Declarations under section 23(5) of the Schedule to the Chief 
Executive Election Ordinance ( Cap 569) 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. The declarations must be made-

   (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 address of the disqualified candidate;

   (b)  the name of the subsector for which the disqualified candidate was
        nominated;

   (c)  that the decision of the Returning Officer made under section  22 (1)
        of the Schedule to the Chief Executive Election Ordinance ( Cap 569)
        has been varied to the effect that the candidate is not validly
        nominated; and

   (d)  the name and address of each candidate who remains validly nominated
        for the subsector election concerned.

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

   (a)  the name of the disqualified candidate;

   (b)  the name of the subsector for which the disqualified candidate was
        nominated; and

   (c)  the name of each candidate who remains validly nominated for the
        subsector election concerned.