Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 17

Returning Officer to notify and declare if a validly nominated candidate is known before date of election to have died

(1) notice under section 28(1) of the Election Ordinance shall be given in
writing by the Returning Officer, as soon as practicable after the death of a
validly nominated candidate comes to the knowledge of that Officer, to-

   (a)  the Director of Home Affairs; and

   (b)  if practicable, each candidate who remains validly nominated for
        election for the Village concerned.

(2) The Returning Officer-

   (a)  shall-

        (i)    endorse on the nomination form of the deceased candidate that
               the candidate has died; and

        (ii)   sign the endorsement; and

   (b)  may on the polling day, if that Officer considers it appropriate to do
        so, display a notice in a prominent place immediately outside each
        polling station used for polling for the Village.

(3) Declarations under section 28(2) of the Election Ordinance shall be made
by the Returning Officer, as soon as practicable after the death of the
candidate comes to the knowledge of that Officer-

   (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) shall state-

   (a)  the name and the principal residential address of the deceased
        candidate;

   (b)  whether the deceased candidate was nominated for election as a
        Resident Representative for an Existing Village, or as an Indigenous 
        Inhabitant Representative for an Indigenous Village or a Composite 
        Indigenous Village, as the case may be, and the name of the Village;
        and

   (c)  the name and the principal residential address of each candidate who
        remains validly nominated for election for the Village.

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

   (a)  the name of the deceased candidate;

   (b)  whether the deceased candidate was nominated for election as a
        Resident Representative for an Existing Village, or as an Indigenous 
        Inhabitant Representative for an Indigenous Village or a Composite 
        Indigenous Village, as the case may be, and the name of the Village;
        and

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

(6) If, before the death of the candidate comes to the knowledge of the
Returning Officer, that Officer has publicly declared under section 29(1) of
the Election Ordinance that the candidate was duly elected as a
Village Representative for the Village-

   (a)  subsections (1), (2), (3), (4) and (5) and section 19 do not apply;
        and

   (b)  a village by-election shall be arranged, subject to section  21 (2)
        and (3) of the Election Ordinance, under section 21(1) of that
        Ordinance.