Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 19

Returning Officer to declare no poll under certain circumstances upon death or disqualification of validly nominated candidate known before date of election

(1) If, after the death referred to in section 17(1) or the disqualification
referred to in section 18(1)-

   (a)  the number of candidates remaining validly nominated for election for
        the Village concerned is equal to the number of Village 
        Representatives to be returned for the Village at the election;

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

   (c)  the number of candidates remaining validly nominated for election for
        the Village concerned is less than the number of Village 
        Representatives to be returned for the Village at the election, the
        Returning Officer shall, by such means as referred to in section 17(3)
        or 18(3), as the case may be, declare that no poll is to be held for
        the Village.

(2) The Returning Officer shall in the notice under section  17 (3)(a) or
18(3)(a), as the case may be, or in a separate notice-

   (a)  (in the case referred to in subsection (1)(a)) declare, for the
        purposes of section 29(1) of the Election Ordinance, the remaining
        candidate or candidates as being duly elected as a
        Village Representative or Village Representatives for the Village;

   (b)  (in the case referred to in subsection (1)(b)) declare, for the
        purposes of section 29(2) of the Election Ordinance, the election to
        have failed; or

   (c)  (in the case referred to in subsection (1)(c)) declare-

        (i)    for the purposes of section 29(1) of the Election Ordinance,
               the remaining candidate or candidates as being duly elected as
               a Village  Representative or Village Representatives for the
               Village; and

        (ii)   for the purposes of section 29(2) of that Ordinance, the
               election to have failed to the extent that the number of
               candidates remaining validly nominated for election for the
               Village was less than the number of Village Representatives to
               be returned for the Village at the election.

(3) A separate notice containing a declaration referred to in subsection
(2)(a) or (c)(i) shall-

   (a)  be in the specified form;

   (b)  be published in the Gazette as soon as practicable after the
        publication of the notice under section 17(3)(a) or 18(3)(a), as the
        case may be; and

   (c)  state the name and the principal residential address of each candidate
        declared to be duly elected as a Village Representative for the
        Village.

(4) A separate notice containing a declaration referred to in subsection
(2)(b) or (c)(ii) shall be published in the Gazette as soon as practicable
after the publication of the notice under section 17(3)(a) or 18(3)(a), as the
case may be.

(5) If a declaration referred to in subsection (2)(b) or (c)(ii) is made, 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.