Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 18

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

(1) A notice under section 28(4) of the Election Ordinance shall be given in
writing by the Returning Officer, as soon as practicable after the
disqualification 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 disqualified candidate
               that that Officer's decision made under section 27(1) of the
               Election Ordinance in relation to that candidate is varied and
               the reason for it; 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(5) of the Election Ordinance shall be made
by the Returning Officer, as soon as practicable after the disqualification 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 disqualified
        candidate;

   (b)  whether the disqualified 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;

   (c)  that the decision of the Returning Officer made under section 27(1) of
        the Election Ordinance has been varied to the effect that the
        candidate is not validly nominated; and

   (d)  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 disqualified candidate;

   (b)  whether the disqualified 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 disqualification 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.