Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 22

No poll upon death or disqualification of candidate under certain circumstances

(1) If, after the death referred to in section 20(1) or the disqualification
referred to in section 21(1)-

   (a)  the number of candidates remaining validly nominated for-

        (i)    the subsector ordinary election concerned is equal to the
               number of EC members allocated to the subsector; or

        (ii)   the subsector by-election concerned is equal to the number of
               EC members to be returned at the subsector by-election;

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

   (c)  the number of candidates remaining validly nominated for-

        (i)    the subsector ordinary election concerned is less than the
               number of EC members allocated to the subsector; or

        (ii)   the subsector by-election concerned is less than the number of
               EC members to be returned at the subsector by-election, the
               Returning Officer must, by such means as that Officer considers
               appropriate in the circumstances, declare that a poll is not to
               be held for that subsector.

(2) The Returning Officer must in a notice under section 20(3)(a) or 21(3)(a),
if any, or in a separate notice-

   (a)  in the case of subsection (1)(a), declare, for the purposes of
        section 25(1) of the Schedule to the
        Chief Executive Election Ordinance ( Cap 569), the remaining candidate
        or candidates as being duly elected as an EC member or as EC members;

   (b)  in the case of subsection (1)(b), declare, for the purposes of
        section 25(2) of the Schedule to the
        Chief Executive Election Ordinance ( Cap 569), no candidate was
        validly nominated for the subsector election;

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

        (i)    for the purposes of section 25(1) of the Schedule to the Chief 
               Executive Election Ordinance ( Cap 569), the remaining
               candidate or candidates as being duly elected as an EC member
               or as EC members; and

        (ii)   for the purposes of section 25(3) of that Schedule, the number
               of EC members returned at the subsector election is less than
               the number of EC members to be returned at that
               subsector election.

(3) A separate notice containing a declaration under subsection (2) must-

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

   (b)  if applicable, state the name and address of each candidate declared
        to be duly elected as an EC member; and

   (c)  be in the specified form.