Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 21

Returning Officer to declare failure of election under certain circumstances upon death or disqualification of validly nominated candidate known after close of poll

(1) If the death or disqualification of a validly nominated candidate comes to
the knowledge of the Returning Officer after the close of the poll but before
the declaration of the result of the election for the Village concerned, that
Officer shall direct that the counting of the votes is to begin or continue,
as the case may be, as if the death or disqualification had not occurred.

(2) If, after the votes are counted, the deceased or disqualified candidate is
found to be not successful at the election, the Returning  Officer shall
declare the successful candidate or candidates to be elected in accordance
with section 66(1).

(3) If, after the votes are counted, the deceased or disqualified candidate is
found to be successful at the election, the Returning Officer-

   (a)  shall not declare that candidate to be elected; and

   (b)  shall make a declaration under section 30(3) of the Election
        Ordinance.

(4) A declaration referred to in subsection (3)(b) shall be made-

   (a)  by notice-

        (i)    signed by the Returning Officer; and

        (ii)   displayed in a prominent place immediately outside the
               counting station for counting the votes for the Village; and

   (b)  by a public announcement-

        (i)    made in the counting station for counting the votes for the
               Village; and

        (ii)   made- (A) by radio or television; or (B) by such other means as
               the Returning Officer considers appropriate in the
               circumstances.

(5) A notice under subsection (4)(a) shall-

   (a)  state-

        (i)    that the election has failed and the reason for it; or

        (ii)   (in the case referred to in section 30(3)(b) of the Election
               Ordinance) that the election has failed to the extent that the
               number of candidates returned for the Village at the election
               was less than the number of Village Representatives to be
               returned for that Village at the election; and

   (b)  be published in the Gazette as soon as practicable after the
        declaration referred to in subsection (3)(b) is made.

(6) If a declaration referred to in subsection (3)(b) 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.