LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - CHAPTER 542C LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - LONG TITLE Empowering section VerDate:19/12/1997 (Cap 542, section 82) [19 December 1997] (L.N. 603 of 1997) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 1 Interpretation VerDate:15/07/2004 (1) In this Regulation, unless the context otherwise requires- "candidate" (候選人) means a candidate nominated for an election in respect of a functional constituency; (L.N. 206 of 2001; 25 of 2003 s. 50) "deposit" (按金) means the deposit lodged under section 2(1); "election" (選舉) means an election or a by-election held to elect a Member in respect of a geographical constituency or a functional constituency; (L.N. 206 of 2001; 25 of 2003 s. 50) "geographical constituency candidate" (地方選區候選人) means a candidate nominated for an election in respect of a geographical constituency; "list of candidates" (候選人名單) means a list of candidates referred to in section 38(10) of the Ordinance or a new list of candidates referred to in section 38(14) of the Ordinance; (L.N. 14 of 2000) "nomination list" (提名名單) means a nomination list referred to in section 38 of the Ordinance; "nominee" (獲提名人) means a nominee as defined in section 38(1) of the Ordinance. (2) In this Regulation, any reference to the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap 541) relating to procedure at an election. (L.N. 206 of 2001) "candidate" (候選人) "deposit" (按金) "election" (選舉) "geographical constituency candidate" (地方選區候選人) "list of candidates" (候選人名單) "nomination list" (提名名單) "nominee" (獲提名人) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 1 Interpretation VerDate:23/11/2001 (1) In this Regulation, unless the context otherwise requires- "candidate" (候選人) means a candidate nominated for an election in respect of a functional constituency or the Election Committee; (L.N. 206 of 2001) "deposit" (按金) means the deposit lodged under section 2(1); "election" (選舉) means an election or a by-election held to elect a Member in respect of a geographical constituency, a functional constituency or the Election Committee; (L.N. 206 of 2001) "geographical constituency candidate" (地方選區候選人) means a candidate nominated for an election in respect of a geographical constituency; "list of candidates" (候選人名單) means a list of candidates referred to in section 38(10) of the Ordinance or a new list of candidates referred to in section 38(14) of the Ordinance; (L.N. 14 of 2000) "nomination list" (提名名單) means a nomination list referred to in section 38 of the Ordinance; "nominee" (獲提名人) means a nominee as defined in section 38(1) of the Ordinance. (2) In this Regulation, any reference to the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap 541) relating to procedure at an election. (L.N. 206 of 2001) "candidate" (候選人) "deposit" (按金) "election" (選舉) "geographical constituency candidate" (地方選區候選人) "list of candidates" (候選人名單) "nomination list" (提名名單) "nominee" (獲提名人) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 1 Interpretation VerDate:03/03/2000 (1) In this Regulation, unless the context otherwise requires- "candidate" (候選人) means a candidate nominated for an election in respect of a functional constituency, the Election Committee or an Election Committee subsector; "deposit" (按金) means the deposit lodged under section 2(1); "election" (選舉) means- (a) an election or a by-election held to elect a Member in respect of a geographical constituency, a functional constituency or the Election Committee; or (b) an Election Committee subsector election referred to in Part 3 of Schedule 2 to the Ordinance; "geographical constituency candidate" (地方選區候選人) means a candidate nominated for an election in respect of a geographical constituency; "list of candidates" (候選人名單) means a list of candidates referred to in section 38(10) of the Ordinance or a new list of candidates referred to in section 38(14) of the Ordinance; (L.N. 14 of 2000) "nomination list" (提名名單) means a nomination list referred to in section 38 of the Ordinance; "nominee" (獲提名人) means a nominee as defined in section 38(1) of the Ordinance. (2) In this Regulation, any reference to- (a) the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap 541) relating to procedure at an election; and (b) an Election Committee subsector shall include a sub-subsector referred to in section 1(13)(a) of Schedule 2 to the Ordinance. "candidate" (候選人) "deposit" (按金) "election" (選舉) "geographical constituency candidate" (地方選區候選人) "list of candidates" (候選人名單) "nomination list" (提名名單) "nominee" (獲提名人) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 1 Interpretation VerDate:19/12/1997 (1) In this Regulation, unless the context otherwise requires- "candidate" (候選人) means a candidate nominated for an election in respect of a functional constituency, the Election Committee or an Election Committee subsector; "deposit" (按金) means the deposit lodged under section 2(1); "election" (選舉) means- (a) an election or a by-election held to elect a Member in respect of a geographical constituency, a functional constituency or the Election Committee; or (b) an Election Committee subsector election referred to in Part 3 of Schedule 2 to the Ordinance; "geographical constituency candidate" (地方選區候選人) means a candidate nominated for an election in respect of a geographical constituency; "nomination list" (提名名單) means a nomination list referred to in section 38 of the Ordinance; "nominee" (獲提名人) means a nominee as defined in section 38(1) of the Ordinance. (2) In this Regulation, any reference to- (a) the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap 541) relating to procedure at an election; and (b) an Election Committee subsector shall include a sub-subsector referred to in section 1(13)(a) of Schedule 2 to the Ordinance. "candidate" (候選人) "deposit" (按金) "election" (選舉) "geographical constituency candidate" (地方選區候選人) "nomination list" (提名名單) "nominee" (獲提名人) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 2 Amount of deposit VerDate:15/07/2004 (1) The amount of deposit to be lodged- (a) on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates in an election is $50000; (b) by or on behalf of a candidate in respect of his nomination as a candidate in an election in respect of a functional constituency, is $25000. (25 of 2003 s. 50) (2) Where any deposit is lodged to a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 2 Amount of deposit VerDate:23/11/2001 (1) The amount of deposit to be lodged- (a) on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates in an election is $50000; (b) by or on behalf of a candidate in respect of his nomination as a candidate in an election- (i) in respect of a functional constituency, is $25000; (ii) in respect of the Election Committee, is $25000. (L.N. 206 of 2001) (iii) (Repealed L.N. 206 of 2001) (2) Where any deposit is lodged to a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 2 Amount of deposit VerDate:23/01/1998 (1) The amount of deposit to be lodged- (a) on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates in an election is $50000; (b) by or on behalf of a candidate in respect of his nomination as a candidate in an election- (i) in respect of a functional constituency, is $25000; (ii) in respect of the Election Committee, is $25000; (iii) in respect of an Election Committee subsector, is $1000. (L.N. 49 of 1998) (2) Where any deposit is lodged to a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 2 Amount of deposit VerDate:19/12/1997 (1) The amount of deposit to be lodged- (a) on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates in an election is $50000; (b) by or on behalf of a candidate in respect of his nomination as a candidate in an election- (i) in respect of a functional constituency, is $25000; (ii) in respect of the Election Committee, is $25000; (iii) in respect of an Election Committee subsector, is $5000. (2) Where any deposit is lodged to a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3 Return of deposit on invalid nomination etc. VerDate:15/07/2004 (1) Where, as regards any geographical constituency- (a) a deposit is lodged on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates, and- (i) all the nominees on the nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; (ii) the Returning Officer rejects the nomination list under section 38(7) of the Ordinance; or (iii) where the nominees or any of them are taken, under section 38(10) or (14) of the Ordinance, as constituting a list of candidates, the Returning Officer rejects that list of candidates under section 38(13) of the Ordinance after striking out from that list of candidates the name of a geographical constituency candidate who has died or is disqualified from being nominated as such a candidate, the deposit so lodged; or (b) the proceedings for the election are terminated under section 46A(1) of the Ordinance, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, shall be returned in accordance with this section. (2) Where, as regards any functional constituency- (25 of 2003 s. 50) (a) a deposit is lodged by or on behalf of a candidate in respect of his nomination as a candidate, and- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that the candidate is not validly nominated in respect of that functional constituency; or (ii) the candidate withdraws his nomination for election in respect of that functional constituency under section 42 of the Ordinance, (iii) (Repealed 25 of 2003 s. 50) the deposit so lodged; or (b) the proceedings for the election are terminated under section 42C or 46A(1) of the Ordinance, as the case may be, the deposit lodged in respect of each candidate for that functional constituency, shall be returned in accordance with this section. (L.N. 14 of 2000; 25 of 2003 s. 50) (2A) (Repealed L.N. 206 of 2001) (3) The Returning Officer for the geographical constituency or functional constituency concerned shall, in the case referred to in- (L.N. 206 of 2001; 25 of 2003 s. 50) (a) subsection (1)(a)(i) or (ii) or (2)(a)(i) or (ii), as soon as practicable after the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates or candidates, as the case may be, validly nominated in respect of that geographical constituency or functional constituency, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned or by or on behalf of the candidate concerned, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to that candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; (L.N. 206 of 2001; 25 of 2003 s. 50) (aa) subsection (1)(a)(iii), as soon as practicable after- (i) in case no declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates validly nominated in respect of that geographical constituency; (ii) in case declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, as the case may be, such declarations are so made, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned is returnable to the person who lodges the deposit on behalf of those nominees; and (L.N. 14 of 2000; 25 of 2003 s. 50) (b) subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the proceedings for the election are terminated, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, or by or on behalf of each candidate for that functional constituency, as the case may be, is returnable to each person who lodges the deposit on behalf of those nominees or to such candidate or the person who lodges the deposit on behalf of such candidate, as the case may be. (25 of 2003 s. 50) (c) (Repealed 25 of 2003 s. 50) (4) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (3), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (L.N. 14 of 2000) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3 Return of deposit on invalid nomination etc. VerDate:23/11/2001 (1) Where, as regards any geographical constituency- (a) a deposit is lodged on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates, and- (i) all the nominees on the nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; (ii) the Returning Officer rejects the nomination list under section 38(7) of the Ordinance; or (iii) where the nominees or any of them are taken, under section 38(10) or (14) of the Ordinance, as constituting a list of candidates, the Returning Officer rejects that list of candidates under section 38(13) of the Ordinance after striking out from that list of candidates the name of a geographical constituency candidate who has died or is disqualified from being nominated as such a candidate, the deposit so lodged; or (b) the proceedings for the election are terminated under section 46A(1) of the Ordinance, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, shall be returned in accordance with this section. (2) Where, as regards any functional constituency or the Election Committee- (a) a deposit is lodged by or on behalf of a candidate in respect of his nomination as a candidate, and- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that the candidate is not validly nominated in respect of that functional constituency or Election Committee; (ii) the candidate withdraws his nomination for election in respect of that functional constituency or Election Committee under section 42 of the Ordinance; or (iii) the Returning Officer has made a decision under section 42A(1) of the Ordinance that the candidate is validly nominated in respect of the Election Committee, and subsequently- (A) comes to the knowledge that the candidate has died and gives notice of the death under section 42B(1) of the Ordinance; or (B) varies the decision to the effect that the candidate is not validly nominated and gives notice of the variation under section 42B(4) of the Ordinance, the deposit so lodged; or (b) the proceedings for the election are terminated under section 42C or 46A(1) of the Ordinance, as the case may be, the deposit lodged in respect of each candidate for that functional constituency or Election Committee, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) (Repealed L.N. 206 of 2001) (3) The Returning Officer for the geographical constituency or functional constituency concerned or the Election Committee shall, in the case referred to in- (L.N. 206 of 2001) (a) subsection (1)(a)(i) or (ii) or (2)(a)(i) or (ii), as soon as practicable after the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates or candidates, as the case may be, validly nominated in respect of that geographical constituency, functional constituency or the Election Committee, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned or by or on behalf of the candidate concerned, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to that candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; (L.N. 206 of 2001) (aa) subsection (1)(a)(iii), as soon as practicable after- (i) in case no declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates validly nominated in respect of that geographical constituency; (ii) in case declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, as the case may be, such declarations are so made, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned is returnable to the person who lodges the deposit on behalf of those nominees; (L.N. 14 of 2000) (b) subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the proceedings for the election are terminated, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, or by or on behalf of each candidate for that functional constituency or Election Committee, as the case may be, is returnable to each person who lodges the deposit on behalf of those nominees or to such candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; and (c) subsection (2)(a)(iii), as soon as practicable after- (i) in case no declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or the variation of decision, the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of the Election Committee; (ii) in case declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or the variation of decision, as the case may be, such declarations are so made, notify the Director of Accounting Services in writing that the deposit lodged by or on behalf of the candidate concerned is returnable to that candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000) (4) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (3), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (L.N. 14 of 2000) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3 Return of deposit on invalid nomination etc. VerDate:03/03/2000 (1) Where, as regards any geographical constituency- (a) a deposit is lodged on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates, and- (i) all the nominees on the nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; (ii) the Returning Officer rejects the nomination list under section 38(7) of the Ordinance; or (iii) where the nominees or any of them are taken, under section 38(10) or (14) of the Ordinance, as constituting a list of candidates, the Returning Officer rejects that list of candidates under section 38(13) of the Ordinance after striking out from that list of candidates the name of a geographical constituency candidate who has died or is disqualified from being nominated as such a candidate, the deposit so lodged; or (b) the proceedings for the election are terminated under section 46A(1) of the Ordinance, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, shall be returned in accordance with this section. (2) Where, as regards any functional constituency or the Election Committee- (a) a deposit is lodged by or on behalf of a candidate in respect of his nomination as a candidate, and- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that the candidate is not validly nominated in respect of that functional constituency or Election Committee; (ii) the candidate withdraws his nomination for election in respect of that functional constituency or Election Committee under section 42 of the Ordinance; or (iii) the Returning Officer has made a decision under section 42A(1) of the Ordinance that the candidate is validly nominated in respect of the Election Committee, and subsequently- (A) comes to the knowledge that the candidate has died and gives notice of the death under section 42B(1) of the Ordinance; or (B) varies the decision to the effect that the candidate is not validly nominated and gives notice of the variation under section 42B(4) of the Ordinance, the deposit so lodged; or (b) the proceedings for the election are terminated under section 42C or 46A(1) of the Ordinance, as the case may be, the deposit lodged in respect of each candidate for that functional constituency or Election Committee, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) Where, as regards any Election Committee subsector, a deposit is lodged by or on behalf of a candidate in respect of his nomination as a candidate, and the candidate- (a) is not validly nominated in respect of that Election Committee subsector under the appropriate regulations; or (b) withdraws his nomination for election in respect of that Election Committee subsector under section 17 of Schedule 2 to the Ordinance, the deposit so lodged shall be returned in accordance with this section. (L.N. 14 of 2000) (3) The Returning Officer for the geographical constituency, functional constituency, Election Committee or Election Committee subsector concerned shall, in the case referred to in- (a) subsection (1)(a)(i) or (ii), (2)(a)(i) or (ii) or (2A), as soon as practicable after the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates or candidates, as the case may be, validly nominated in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned or by or on behalf of the candidate concerned, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to that candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; (aa) subsection (1)(a)(iii), as soon as practicable after- (i) in case no declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates validly nominated in respect of that geographical constituency; (ii) in case declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death, or the variation of decision relating to the disqualification, as the case may be, such declarations are so made, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list concerned is returnable to the person who lodges the deposit on behalf of those nominees; (L.N. 14 of 2000) (b) subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the proceedings for the election are terminated, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, or by or on behalf of each candidate for that functional constituency or Election Committee, as the case may be, is returnable to each person who lodges the deposit on behalf of those nominees or to such candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; and (c) subsection (2)(a)(iii), as soon as practicable after- (i) in case no declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or the variation of decision, the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of the Election Committee; (ii) in case declarations referred to in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or the variation of decision, as the case may be, such declarations are so made, notify the Director of Accounting Services in writing that the deposit lodged by or on behalf of the candidate concerned is returnable to that candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000) (4) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (3), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (L.N. 14 of 2000) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3 Return of deposit on invalid nomination or countermanding VerDate:19/12/1997 (1) Where, as regards any geographical constituency- (a) a deposit is lodged on behalf of the nominees on a nomination list in respect of their nomination as geographical constituency candidates and all such nominees on that nomination list- (i) are not validly nominated; or (ii) withdraw their candidature, in respect of that geographical constituency under the appropriate regulations, the deposit so lodged; or (b) the election is countermanded under the appropriate regulations, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, shall be returned in accordance with this section. (2) Where, as regards any functional constituency, the Election Committee or any Election Committee subsector- (a) a deposit is lodged by or on behalf of a candidate in respect of his nomination as a candidate and such candidate- (i) is not validly nominated; or (ii) withdraws his candidature, in respect of that functional constituency, Election Committee or Election Committee subsector under the appropriate regulations, the deposit so lodged; or (b) the election is countermanded under the appropriate regulations, the deposit lodged in respect of each candidate for that functional constituency, Election Committee or Election Committee subsector, shall be returned in accordance with this section. (3) The Returning Officer for the geographical constituency, functional constituency, Election Committee or Election Committee subsector concerned shall, in the case referred to in- (a) subsection (1)(a) or (2)(a), as soon as practicable after the publication under the appropriate regulations of a notice containing particulars of the geographical constituency candidates or candidates, as the case may be, validly nominated in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on that nomination list or by or on behalf of that candidate, as the case may be, is returnable to the person who lodges the deposit on behalf of the nominees on that nomination list or to that candidate or the person who lodges the deposit on behalf of such candidate, as the case may be; and (b) subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election is countermanded, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list or by or on behalf of each candidate, as the case may be, is returnable to each person who lodges the deposit on behalf of the nominees on each nomination list or to each candidate or the person who lodges the deposit on behalf of such candidate, as the case may be. (4) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (3), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result or declaration of failure of election VerDate:15/07/2004 (1) Subject to subsection (3), as regards- (a) an election in which a geographical constituency candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a geographical constituency; (b) an election in which a geographical constituency candidate is declared under section 49(13) or (15) of the Ordinance as elected as a Member in respect of a geographical constituency; or (c) an election for a geographical constituency which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2) Subject to subsection (3), as regards- (a) an election in which a candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a functional constituency; (b) an election in which a candidate is declared under section 50(7) or 51(7) of the Ordinance as elected as a Member in respect of a functional constituency; or (c) an election for a functional constituency which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged by or on behalf of each candidate for that functional constituency, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) (Repealed L.N. 206 of 2001) (3) Where- (a) the total number of ballot papers containing valid votes in favour of a nomination list which has no successful geographical constituency candidate in respect of a geographical constituency received by such nomination list is less than 3% of the total number of ballot papers containing valid votes received in that geographical constituency; or (b) (i) the total number of ballot papers containing valid first preference votes in favour of an unsuccessful candidate in respect of a functional constituency specified in section 20(1)(a) to (d) of the Ordinance received by such candidate is less than 3% of the total number of ballot papers containing valid first preference votes received in that constituency; or (ii) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of a functional constituency other than a functional constituency referred to in subparagraph (i) received by such candidate is less than 3% of the total number of ballot papers containing valid votes received in that functional constituency, (c) (Repealed 25 of 2003 s. 50) (d) (Repealed L.N. 206 of 2001) as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (L.N. 49 of 1998) (4) Subject to subsection (6), the Returning Officer for the geographical constituency or functional constituency concerned shall, in the case of- (L.N. 206 of 2001; 25 of 2003 s. 50) (a) an election referred to in subsection (1)(a) or (2)(a), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the geographical constituency candidate or the candidate, as the case may be, is duly elected in respect of that geographical constituency or functional constituency; (b) an election referred to in subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency or functional constituency; (c) an election referred to in subsection (1)(c) or (2)(c), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election has failed, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, or by or on behalf of each candidate for that functional constituency, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to such candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000; L.N. 206 of 2001) (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b) or (c), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency or functional constituency at the relevant election is to be forfeited to the general revenue. (L.N. 206 of 2001) (L.N. 14 of 2000; L.N. 119 of 2003; 25 of 2003 s. 50) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result or declaration of failure of election VerDate:01/06/2004 (1) Subject to subsection (3), as regards- (a) an election in which a geographical constituency candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a geographical constituency; (b) an election in which a geographical constituency candidate is declared under section 49(13) or (15) of the Ordinance as elected as a Member in respect of a geographical constituency; or (c) an election for a geographical constituency which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2) Subject to subsection (3), as regards- (a) an election in which a candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a functional constituency or the Election Committee; (b) an election in which a candidate is declared under section 50(7) or 51(7), or section 52(6), of the Ordinance as elected as a Member in respect of a functional constituency, or the Election Committee; or (c) an election for a functional constituency or the Election Committee, which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged by or on behalf of each candidate for that functional constituency or Election Committee, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) (Repealed L.N. 206 of 2001) (3) Where- (a) the total number of ballot papers containing valid votes in favour of a nomination list which has no successful geographical constituency candidate in respect of a geographical constituency received by such nomination list is less than 3% of the total number of ballot papers containing valid votes received in that geographical constituency; (b) (i) the total number of ballot papers containing valid first preference votes in favour of an unsuccessful candidate in respect of a functional constituency specified in section 20(1)(a) to (d) of the Ordinance received by such candidate is less than 3% of the total number of ballot papers containing valid first preference votes received in that constituency; or (ii) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of a functional constituency other than a functional constituency referred to in subparagraph (i) received by such candidate is less than 3% of the total number of ballot papers containing valid votes received in that functional constituency; (c) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of the Election Committee received by such candidate is less than 3% of the total number of ballot papers containing valid votes received in the Election Committee, (L.N. 206 of 2001) (d) (Repealed L.N. 206 of 2001) as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (L.N. 49 of 1998) (4) Subject to subsection (6), the Returning Officer for the geographical constituency or functional constituency concerned or the Election Committee shall, in the case of- (L.N. 206 of 2001) (a) an election referred to in subsection (1)(a) or (2)(a), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the geographical constituency candidate or the candidate, as the case may be, is duly elected in respect of that geographical constituency, functional constituency or the Election Committee; (b) an election referred to in subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency, functional constituency or the Election Committee; (c) an election referred to in subsection (1)(c) or (2)(c), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election has failed, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, or by or on behalf of each candidate for that functional constituency or the Election Committee, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to such candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000; L.N. 206 of 2001) (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b) or (c), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency, functional constituency or the Election Committee at the relevant election is to be forfeited to the general revenue. (L.N. 206 of 2001) (L.N. 14 of 2000; L.N. 119 of 2003) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result or declaration of failure of election VerDate:23/11/2001 (1) Subject to subsection (3), as regards- (a) an election in which a geographical constituency candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a geographical constituency; (b) an election in which a geographical constituency candidate is declared under section 49(13) or (15) of the Ordinance as elected as a Member in respect of a geographical constituency; or (c) an election for a geographical constituency which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged on behalf of the nominees on the nomination list for that geographical constituency, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2) Subject to subsection (3), as regards- (a) an election in which a candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a functional constituency or the Election Committee; (b) an election in which a candidate is declared under section 50(7) or 51(7), or section 52(6), of the Ordinance as elected as a Member in respect of a functional constituency, or the Election Committee; or (c) an election for a functional constituency or the Election Committee, which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged by or on behalf of the candidate for that functional constituency or Election Committee, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) (Repealed L.N. 206 of 2001) (3) Where- (a) the total number of ballot papers containing valid votes in favour of a nomination list which has no successful geographical constituency candidate in respect of a geographical constituency received by such nomination list is less than 5% of the total number of ballot papers containing valid votes received in that geographical constituency; (b) (i) the total number of ballot papers containing valid first preference votes in favour of an unsuccessful candidate in respect of a functional constituency specified in section 20(1)(a) to (d) of the Ordinance received by such candidate is less than 5% of the total number of ballot papers containing valid first preference votes received in that constituency; or (ii) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of a functional constituency other than a functional constituency referred to in subparagraph (i) received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in that functional constituency; (c) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of the Election Committee received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in the Election Committee, (L.N. 206 of 2001) (d) (Repealed L.N. 206 of 2001) as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (L.N. 49 of 1998) (4) Subject to subsection (6), the Returning Officer for the geographical constituency or functional constituency concerned or the Election Committee shall, in the case of- (L.N. 206 of 2001) (a) an election referred to in subsection (1)(a) or (2)(a), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the geographical constituency candidate or the candidate, as the case may be, is duly elected in respect of that geographical constituency, functional constituency or the Election Committee; (b) an election referred to in subsection (1)(b) or (2)(b), as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency, functional constituency or the Election Committee; (c) an election referred to in subsection (1)(c) or (2)(c), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election has failed, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list for that geographical constituency, or by or on behalf of the candidate for that functional constituency or the Election Committee, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to such candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000; L.N. 206 of 2001) (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b) or (c), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency, functional constituency or the Election Committee at the relevant election is to be forfeited to the general revenue. (L.N. 206 of 2001) (L.N. 14 of 2000) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result or declaration of failure of election VerDate:03/03/2000 (1) Subject to subsection (3), as regards- (a) an election in which a geographical constituency candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a geographical constituency; (b) an election in which a geographical constituency candidate is declared under section 49(13) or (15) of the Ordinance as elected as a Member in respect of a geographical constituency; or (c) an election for a geographical constituency which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged on behalf of the nominees on the nomination list for that geographical constituency, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2) Subject to subsection (3), as regards- (a) an election in which a candidate is declared under section 46(1) of the Ordinance to be duly elected as a Member in respect of a functional constituency or the Election Committee; (b) an election in which a candidate is declared under section 50(7) or 51(7), or section 52(6), of the Ordinance as elected as a Member in respect of a functional constituency, or the Election Committee; or (c) an election for a functional constituency or the Election Committee, which is declared under section 46A(3)(a) of the Ordinance to have failed, after such declaration, the deposit lodged by or on behalf of the candidate for that functional constituency or Election Committee, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (2A) Subject to subsection (3), as regards- (a) an election in which a candidate is declared under section 19 of Schedule 2 to the Ordinance to be duly elected as a member of the Election Committee representing an Election Committee subsector; or (b) an election for an Election Committee subsector, in which a candidate is declared under the appropriate regulations as being successful at the election, after such declaration, the deposit lodged by or on behalf of the candidate for that Election Committee subsector, unless it shall be returned in accordance with section 3, shall be returned in accordance with this section. (L.N. 14 of 2000) (3) Where- (a) the total number of ballot papers containing valid votes in favour of a nomination list which has no successful geographical constituency candidate in respect of a geographical constituency received by such nomination list is less than 5% of the total number of ballot papers containing valid votes received in that geographical constituency; (b) (i) the total number of ballot papers containing valid first preference votes in favour of an unsuccessful candidate in respect of a functional constituency specified in section 20(1)(a) to (d) of the Ordinance received by such candidate is less than 5% of the total number of ballot papers containing valid first preference votes received in that constituency; or (ii) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of a functional constituency other than a functional constituency referred to in subparagraph (i) received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in that functional constituency; (c) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of the Election Committee received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in the Election Committee; (d) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of an Election Committee subsector received by such candidate is less than 2.5% of the total number of ballot papers containing valid votes received in that Election Committee subsector or the minimum number of persons required under section 7(2)(a)(iv) to subscribe to the nomination paper of any person seeking nomination in respect of the Election Committee subsector, whichever is the greater, as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (L.N. 49 of 1998) (4) Subject to subsection (6), the Returning Officer for the geographical constituency, functional constituency, Election Committee or Election Committee subsector concerned shall, in the case of- (a) an election referred to in subsection (1)(a), (2)(a) or (2A)(a), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the geographical constituency candidate or the candidate, as the case may be, is duly elected in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector; (b) an election referred to in subsection (1)(b), (2)(b) or (2A)(b), as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector; (c) an election referred to in subsection (1)(c) or (2)(c), as soon as practicable after the publication under the appropriate regulations of a notice declaring that the election has failed, notify the Director of Accounting Services in writing that the deposit lodged on behalf of the nominees on the nomination list for that geographical constituency, or by or on behalf of the candidate for that functional constituency, Election Committee or Election Committee subsector, as the case may be, is returnable to the person who lodges the deposit on behalf of those nominees or to such candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (L.N. 14 of 2000) (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to the person who lodges the deposit on behalf of the nominees on the nomination list or to the candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b) or (c), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency, functional constituency, Election Committee or Election Committee subsector at the relevant election is to be forfeited to the general revenue. (L.N. 14 of 2000) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result VerDate:23/01/1998 (1) Subject to subsection (3), as regards an election, after a geographical constituency candidate is elected in respect of a geographical constituency, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, if it has not been returned under section 3 or 5, shall be returned in accordance with this section. (2) Subject to subsection (3), as regards an election, after a candidate is elected in respect of a functional constituency, the Election Committee or an Election Committee subsector, the deposit lodged by or on behalf of each candidate for that functional constituency, Election Committee or Election Committee subsector, if it has not been returned under section 3 or 5, shall be returned in accordance with this section. (3) Where- (a) the total number of ballot papers containing valid votes in favour of a nomination list which has no successful geographical constituency candidate in respect of a geographical constituency received by such nomination list is less than 5% of the total number of ballot papers containing valid votes received in that geographical constituency; (b) (i) the total number of ballot papers containing valid first preference votes in favour of an unsuccessful candidate in respect of a functional constituency specified in Parts 1 and 2 of Schedule 1 to the Ordinance received by such candidate is less than 5% of the total number of ballot papers containing valid first preference votes received in that constituency; or (ii) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of a functional constituency other than a functional constituency referred to in subparagraph (i) received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in that functional constituency; (c) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of the Election Committee received by such candidate is less than 5% of the total number of ballot papers containing valid votes received in the Election Committee; (d) the total number of ballot papers containing valid votes in favour of an unsuccessful candidate in respect of an Election Committee subsector received by such candidate is less than 2.5% of the total number of ballot papers containing valid votes received in that Election Committee subsector or the minimum number of persons required under section 7(2)(a)(iv) to subscribe to the nomination paper of any person seeking nomination in respect of the Election Committee subsector, whichever is the greater, as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (L.N. 49 of 1998) (4) Where- (a) the number of validly nominated geographical constituency candidates or candidates, as the case may be, for any geographical constituency, any functional constituency, the Election Committee or any Election Committee subsector is less than or equal to the number of vacancies in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, as soon as practicable after the publication under the appropriate regulations of a notice declaring that a geographical constituency candidate or a candidate, as the case may be, is duly elected in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector; or (b) the number of validly nominated geographical constituency candidates or candidates, as the case may be, for any geographical constituency, any functional constituency, the Election Committee or any Election Committee subsector is more than the number of vacancies in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, the Returning Officer of that geographical constituency, functional constituency, Election Committee or Election Committee subsector shall, subject to subsection (6), notify the Director of Accounting Services in writing as soon as practicable that the deposit lodged on behalf of the nominees on each nomination list or by or on behalf of each candidate, as the case may be, is returnable to each person who lodges the deposit on behalf of the nominees on each nomination list or to each candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to each person who lodges the deposit on behalf of the nominees on each nomination list or to each candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency, functional constituency, Election Committee or Election Committee subsector at the relevant election is to be forfeited to the general revenue. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4 Disposal of deposit after publication of election result VerDate:19/12/1997 (1) Subject to subsection (3), as regards an election, after a geographical constituency candidate is elected in respect of a geographical constituency, the deposit lodged on behalf of the nominees on each nomination list for that geographical constituency, if it has not been returned under section 3 or 5, shall be returned in accordance with this section. (2) Subject to subsection (3), as regards an election, after a candidate is elected in respect of a functional constituency, the Election Committee or an Election Committee subsector, the deposit lodged by or on behalf of each candidate for that functional constituency, Election Committee or Election Committee subsector, if it has not been returned under section 3 or 5, shall be returned in accordance with this section. (3) Where the total number of votes received by- (a) any nomination list which has no successful geographical constituency candidate in respect of a geographical constituency is less than 5% of the total number of valid votes cast in that geographical constituency; (b) any unsuccessful candidate in respect of a functional constituency is less than 5% of the total number of valid votes cast in that functional constituency; (c) any unsuccessful candidate in respect of the Election Committee is less than 2.5% of the total number of valid votes cast in the Election Committee; (d) any unsuccessful candidate in respect of an Election Committee subsector is less than 2.5% of the total number of valid votes cast in that Election Committee subsector, as determined by a counting of the votes and any re-count, the deposit lodged in respect of his or their nomination shall be forfeited to the general revenue, in accordance with this section. (4) Where- (a) the number of validly nominated geographical constituency candidates or candidates, as the case may be, for any geographical constituency, any functional constituency, the Election Committee or any Election Committee subsector is less than or equal to the number of vacancies in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, as soon as practicable after the publication under the appropriate regulations of a notice declaring that a geographical constituency candidate or a candidate, as the case may be, is duly elected in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector; or (b) the number of validly nominated geographical constituency candidates or candidates, as the case may be, for any geographical constituency, any functional constituency, the Election Committee or any Election Committee subsector is more than the number of vacancies in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, as soon as practicable after the publication under the appropriate regulations of a notice of the result of the election in respect of that geographical constituency, functional constituency, Election Committee or Election Committee subsector, the Returning Officer of that geographical constituency, functional constituency, Election Committee or Election Committee subsector shall, subject to subsection (6), notify the Director of Accounting Services in writing as soon as practicable that the deposit lodged on behalf of the nominees on each nomination list or by or on behalf of each candidate, as the case may be, is returnable to each person who lodges the deposit on behalf of the nominees on each nomination list or to each candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be. (5) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (4), return the amount of the deposit to each person who lodges the deposit on behalf of the nominees on each nomination list or to each candidate or to the person who lodges the deposit on behalf of such candidate, as the case may be, specified in the notification. (6) The Returning Officer shall, as soon as practicable after the publication of the notice referred to in subsection (4)(b), notify the Director of Accounting Services in writing, as regards any nomination list which has no successful geographical constituency candidate or any unsuccessful candidate, as the case may be, referred to in subsection (3), that the deposit lodged in respect of his or their nomination for that geographical constituency, functional constituency, Election Committee or Election Committee subsector at the relevant election is to be forfeited to the general revenue. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 5 Disposal of deposit in case of death VerDate:15/07/2004 (1) Where- (a) a deposit is lodged by a candidate or by a person on behalf of such candidate or by a person on behalf of the nominees on a nomination list; (b) the deposit shall be returned to that candidate or that person, as the case may be, in accordance with section 3 or 4; and (c) that candidate or that person, as the case may be, dies after the deposit is lodged, the deposit shall, notwithstanding those sections, be paid to the estate of that candidate or that person, as the case may be, and the Returning Officer for the geographical constituency or functional constituency concerned shall notify the Director of Accounting Services in writing accordingly. (L.N. 14 of 2000; L.N. 206 of 2001; 25 of 2003 s. 50) (2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the candidate or person referred to in subsection (1), as the case may be. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 5 Disposal of deposit in case of death VerDate:23/11/2001 (1) Where- (a) a deposit is lodged by a candidate or by a person on behalf of such candidate or by a person on behalf of the nominees on a nomination list; (b) the deposit shall be returned to that candidate or that person, as the case may be, in accordance with section 3 or 4; and (c) that candidate or that person, as the case may be, dies after the deposit is lodged, the deposit shall, notwithstanding those sections, be paid to the estate of that candidate or that person, as the case may be, and the Returning Officer for the geographical constituency or functional constituency concerned or the Election Committee shall notify the Director of Accounting Services in writing accordingly. (L.N. 14 of 2000; L.N. 206 of 2001) (2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the candidate or person referred to in subsection (1), as the case may be. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 5 Disposal of deposit in case of death VerDate:03/03/2000 (1) Where- (a) a deposit is lodged by a candidate or by a person on behalf of such candidate or by a person on behalf of the nominees on a nomination list; (b) the deposit shall be returned to that candidate or that person, as the case may be, in accordance with section 3 or 4; and (c) that candidate or that person, as the case may be, dies after the deposit is lodged, the deposit shall, notwithstanding those sections, be paid to the estate of that candidate or that person, as the case may be, and the Returning Officer for the geographical constituency, functional constituency, Election Committee or Election Committee subsector concerned shall notify the Director of Accounting Services in writing accordingly. (L.N. 14 of 2000) (2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the candidate or person referred to in subsection (1), as the case may be. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 5 Disposal of deposit in case of death of candidate VerDate:19/12/1997 (1) As regards any geographical constituency, any functional constituency, the Election Committee or any Election Committee subsector- (a) in the case the countermanding referred to in section 3 is due to the death of a geographical constituency candidate or a candidate; or (b) in any other case of the death of a person who lodges the deposit on behalf of the nominees on a nomination list or a candidate or a person who lodges the deposit on behalf of such candidate, as the case may be, subsequent to the lodging of a deposit, where the deposit would have been returned to such candidate or such person, as the case may be, if not for his death, notwithstanding section 3 or 4, the deposit shall be paid to the estate of such candidate or such person, as the case may be, and the Returning Officer for that geographical constituency, functional constituency, Election Committee or Election Committee subsector shall notify the Director of Accounting Services in writing accordingly. (2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the candidate or person referred to in subsection (1), as the case may be. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 6 Notifications in specified form VerDate:23/11/2001 Any notification for the purposes of this Regulation shall be in a form specified by the Electoral Affairs Commission. (L.N. 206 of 2001) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 6 Notifications in specified form VerDate:19/12/1997 Any notification for the purposes of this Regulation shall be in a form specified in the appropriate regulations. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7 Number and qualifications of subscribers to a nomination paper VerDate:15/07/2004 (1) As regards any geographical constituency- (a) the nomination paper of the nominees on a nomination list seeking nomination in respect of any geographical constituency shall, subject to paragraph (aa), be subscribed by 100 other persons, each being an elector registered in respect of the constituency in respect of which the nominees on that nomination list are seeking nomination; (L.N. 119 of 2003) (aa) for the purposes of paragraph (a), the number of persons that may subscribe a nomination paper shall not in any case be more than 200; (L.N. 119 of 2003) (b) an elector shall not, subject to subsection (3), subscribe more than one nomination paper as regards a particular election; (c) if an elector subscribes more than one nomination paper in contravention of paragraph (b), his signature shall, subject to subsection (3), be inoperative on any nomination paper other than the one first delivered. (2) As regards any functional constituency- (25 of 2003 s. 50) (a) the nomination paper of any person seeking nomination in respect of any functional constituency shall, subject to paragraph (aa), be subscribed by 10 other persons, each being an elector registered in respect of the relevant functional constituency; (25 of 2003 s. 50) (aa) for the purposes of paragraph (a), the number of persons that may subscribe a nomination paper shall not in any case be more than 20; (L.N. 119 of 2003; 25 of 2003 . 50) (b) an elector can, subject to subsection (3), subscribe any number of nomination papers up to the number of seats in any functional constituency as regards a particular election; (c) the signature of an elector shall, subject to subsection (3), be inoperative on any nomination paper delivered after the delivery of the maximum number of the nomination papers referred to in paragraph (b). (L.N. 14 of 2000) (2A)-(2B) (Repealed 25 of 2003 s. 50) (2C) A person whose signature as a subscriber to a nomination paper is in surplus having regard to the required number of subscribers for the purposes of subsection (1)(a) or (2)(a), as the case may be, shall be regarded as not having subscribed the nomination paper. (L.N. 119 of 2003 and L.N. 160 of 2003; 25 of 2003 s. 50) (3) Where- (a) as regards any geographical constituency- (i) all the nominees on a nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; or (ii) the Returning Officer rejects a nomination list under section 38(7) of the Ordinance; (b) as regards any functional constituency- (25 of 2003 s. 50) (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that a candidate is not validly nominated in respect of that functional constituency; or (ii) a candidate withdraws his nomination for election in respect of that functional constituency under section 42 of the Ordinance, (iii) (Repealed 25 of 2003 s. 50) (c) (Repealed L.N. 206 of 2001) the elector who has subscribed the nomination paper of the nominees on that nomination list (in the case of paragraph (a)) or the nomination paper of that candidate (in the case of paragraph (b)) in accordance with this section may subscribe another nomination paper, and- (25 of 2003 s. 50) (i) his signature shall not be inoperative on that other nomination paper only because he has previously subscribed the nomination paper of those nominees or that candidate, as the case may be; (ii) if he subscribes more than one nomination paper in contravention of this subsection, his signature shall be inoperative on any nomination paper so subscribed other than the first one delivered. (L.N. 14 of 2000) (4) For the avoidance of doubt, it is declared that where the number of nomination papers subscribed by any person who has both of the following capacities- (25 of 2003 s. 50) (a) an elector registered in respect of a geographical constituency; (b) an elector registered in respect of a functional constituency, (c) (Repealed 25 of 2003 s. 50) (d) (Repealed L.N. 206 of 2001) in any one of such capacities has reached the maximum number provided for in subsection (1)(b) or (2)(b) (as may be appropriate), subsections (1)(b) and (2)(b) shall not be construed as preventing such person to subscribe, subject to subsection (1)(b) or (2)(b) (as may be appropriate), other nomination papers in another such capacity of him. (L.N. 206 of 2001; L.N. 119 of 2003 and L.N. 160 of 2003; 25 of 2003 s. 50) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7 Number and qualifications of subscribers to a nomination paper VerDate:01/06/2004 (1) As regards any geographical constituency- (a) the nomination paper of the nominees on a nomination list seeking nomination in respect of any geographical constituency shall, subject to paragraph (aa), be subscribed by 100 other persons, each being an elector registered in respect of the constituency in respect of which the nominees on that nomination list are seeking nomination; (L.N. 119 of 2003) (aa) for the purposes of paragraph (a), the number of persons that may subscribe a nomination paper shall not in any case be more than 200; (L.N. 119 of 2003) (b) an elector shall not, subject to subsection (3), subscribe more than one nomination paper as regards a particular election; (c) if an elector subscribes more than one nomination paper in contravention of paragraph (b), his signature shall, subject to subsection (3), be inoperative on any nomination paper other than the one first delivered. (2) As regards any functional constituency or the Election Committee- (a) the nomination paper of any person seeking nomination in respect of- (i) (Repealed L.N. 14 of 2000) (ii) any functional constituency shall, subject to paragraph (aa), be subscribed by 10 other persons each being an elector registered in respect of the relevant functional constituency; and (L.N. 119 of 2003) (iii) the Election Committee shall be subscribed by at least 10 other persons each being a member registered in respect of the Election Committee; (iv) (Repealed L.N. 206 of 2001) (aa) for the purposes of paragraph (a)(ii), the number of persons that may subscribe a nomination paper shall not in any case be more than 20; (L.N. 119 of 2003) (b) an elector or member of the Election Committee, as the case may be, can, subject to subsection (3), subscribe any number of nomination papers up to the number of seats in any functional constituency or the Election Committee as regards a particular election; (c) the signature of an elector or member of the Election Committee, as the case may be, shall, subject to subsection (3), be inoperative on any nomination paper delivered after the delivery of the maximum number of the nomination papers referred to in paragraph (b). (L.N. 14 of 2000) (2A) Notwithstanding subsection (2)(a)(iii), a member of the Election Committee is not qualified to subscribe a nomination paper for the purposes of that subsection if he- (a) resigns under section 3(3) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (b) is serving a sentence of imprisonment for the time being; (c) falls within paragraph (a), (b), (c), (f) or (g) of section 18 of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (d) is or has been convicted, within the 3 years before the polling date of the relevant election, in the manner prescribed by subparagraph (i), (ii) or (iii) of section 18(e) of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 206 of 2001) (2B) Subsection (2A) does not affect a nomination paper subscribed by a member before he ceases to be qualified under that subsection. (L.N. 206 of 2001) (2C) A person whose signature as a subscriber to a nomination paper is in surplus having regard to the required number of subscribers for the purposes of subsection (1)(a) or (2)(a)(ii), as the case may be, shall be regarded as not having subscribed the nomination paper. (L.N. 119 of 2003 and L.N. 160 of 2003) (3) Where- (a) as regards any geographical constituency- (i) all the nominees on a nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; or (ii) the Returning Officer rejects a nomination list under section 38(7) of the Ordinance; (b) as regards any functional constituency or the Election Committee- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that a candidate is not validly nominated in respect of that functional constituency or Election Committee; (ii) a candidate withdraws his nomination for election in respect of that functional constituency or Election Committee under section 42 of the Ordinance; or (iii) the Returning Officer has made a decision under section 42A(1) of the Ordinance that a candidate is validly nominated in respect of the Election Committee, and subsequently- (A) comes to the knowledge that the candidate has died and gives notice of the death under section 42B(1) of the Ordinance; or (B) varies the decision to the effect that the candidate is not validly nominated and gives notice of the variation under section 42B(4) of the Ordinance, (c) (Repealed L.N. 206 of 2001) the elector or member of the Election Committee, as the case may be, who has subscribed the nomination paper of the nominees on that nomination list (in the case of paragraph (a)) or the nomination paper of that candidate (in the case of paragraph (b)) in accordance with this section may subscribe another nomination paper, and- (i) his signature shall not be inoperative on that other nomination paper only because he has previously subscribed the nomination paper of those nominees or that candidate, as the case may be; (ii) if he subscribes more than one nomination paper in contravention of this subsection, his signature shall be inoperative on any nomination paper so subscribed other than the first one delivered. (L.N. 14 of 2000) (4) For the avoidance of doubt, it is declared that where the number of nomination papers subscribed by any person who has 2 or more of the following capacities- (a) an elector registered in respect of a geographical constituency; (b) an elector registered in respect of a functional constituency; (c) a member of the Election Committee, (d) (Repealed L.N. 206 of 2001) in any one of such capacities has reached the maximum number provided for in subsection (1)(b) or (2)(b) (as may be appropriate), subsections (1)(b) and (2)(b) shall not be construed as preventing such person to subscribe, subject to subsection (1)(b) or (2)(b) (as may be appropriate), other nomination papers in another such capacity of him. (L.N. 206 of 2001; L.N. 119 of 2003 and L.N. 160 of 2003) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7 Number and qualifications of subscribers to a nomination paper VerDate:23/11/2001 (1) As regards any geographical constituency- (a) the nomination paper of the nominees on a nomination list seeking nomination in respect of any geographical constituency shall be subscribed by at least 100 other persons, each being an elector registered in respect of the constituency in respect of which the nominees on that nomination list are seeking nomination; (b) an elector shall not, subject to subsection (3), subscribe more than one nomination paper as regards a particular election; (c) if an elector subscribes more than one nomination paper in contravention of paragraph (b), his signature shall, subject to subsection (3), be inoperative on any nomination paper other than the one first delivered. (2) As regards any functional constituency or the Election Committee- (a) the nomination paper of any person seeking nomination in respect of- (i) (Repealed L.N. 14 of 2000) (ii) any functional constituency shall be subscribed by at least 10 other persons each being an elector registered in respect of the relevant functional constituency; and (iii) the Election Committee shall be subscribed by at least 10 other persons each being a member registered in respect of the Election Committee; (iv) (Repealed L.N. 206 of 2001) (b) an elector or member of the Election Committee, as the case may be, can, subject to subsection (3), subscribe any number of nomination papers up to the number of seats in any functional constituency or the Election Committee as regards a particular election; (c) the signature of an elector or member of the Election Committee, as the case may be, shall, subject to subsection (3), be inoperative on any nomination paper delivered after the delivery of the maximum number of the nomination papers referred to in paragraph (b). (L.N. 14 of 2000) (2A) Notwithstanding subsection (2)(a)(iii), a member of the Election Committee is not qualified to subscribe a nomination paper for the purposes of that subsection if he- (a) resigns under section 3(3) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (b) is serving a sentence of imprisonment for the time being; (c) falls within paragraph (a), (b), (c), (f) or (g) of section 18 of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (d) is or has been convicted, within the 3 years before the polling date of the relevant election, in the manner prescribed by subparagraph (i), (ii) or (iii) of section 18(e) of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 206 of 2001) (2B) Subsection (2A) does not affect a nomination paper subscribed by a member before he ceases to be qualified under that subsection. (L.N. 206 of 2001) (3) Where- (a) as regards any geographical constituency- (i) all the nominees on a nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; or (ii) the Returning Officer rejects a nomination list under section 38(7) of the Ordinance; (b) as regards any functional constituency or the Election Committee- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that a candidate is not validly nominated in respect of that functional constituency or Election Committee; (ii) a candidate withdraws his nomination for election in respect of that functional constituency or Election Committee under section 42 of the Ordinance; or (iii) the Returning Officer has made a decision under section 42A(1) of the Ordinance that a candidate is validly nominated in respect of the Election Committee, and subsequently- (A) comes to the knowledge that the candidate has died and gives notice of the death under section 42B(1) of the Ordinance; or (B) varies the decision to the effect that the candidate is not validly nominated and gives notice of the variation under section 42B(4) of the Ordinance, (c) (Repealed L.N. 206 of 2001) the elector or member of the Election Committee, as the case may be, who has subscribed the nomination paper of the nominees on that nomination list (in the case of paragraph (a)) or the nomination paper of that candidate (in the case of paragraph (b)) in accordance with this section may subscribe another nomination paper, and- (i) his signature shall not be inoperative on that other nomination paper only because he has previously subscribed the nomination paper of those nominees or that candidate, as the case may be; (ii) if he subscribes more than one nomination paper in contravention of this subsection, his signature shall be inoperative on any nomination paper so subscribed other than the first one delivered. (L.N. 14 of 2000) (4) For the avoidance of doubt, it is declared that where the number of nomination papers subscribed by any person who has 2 or more of the following capacities- (a) an elector registered in respect of a geographical constituency; (b) an elector registered in respect of a functional constituency; (c) a member of the Election Committee, (d) (Repealed L.N. 206 of 2001) in any one of such capacities has reached the maximum number provided for in subsection (1)(b) or (2)(b) (as may be appropriate), subsections (1)(b) and (2)(b) shall not be construed as preventing such person to subscribe, subject to subsection (1)(b) or (2)(b) (as may be appropriate), other nomination papers in another such capacity of him. (L.N. 206 of 2001) LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7 Number and qualifications of subscribers to a nomination paper VerDate:03/03/2000 (1) As regards any geographical constituency- (a) the nomination paper of the nominees on a nomination list seeking nomination in respect of any geographical constituency shall be subscribed by at least 100 other persons, each being an elector registered in respect of the constituency in respect of which the nominees on that nomination list are seeking nomination; (b) an elector shall not, subject to subsection (3), subscribe more than one nomination paper as regards a particular election; (c) if an elector subscribes more than one nomination paper in contravention of paragraph (b), his signature shall, subject to subsection (3), be inoperative on any nomination paper other than the one first delivered. (2) As regards any functional constituency, the Election Committee or any Election Committee subsector- (a) the nomination paper of any person seeking nomination in respect of- (i) (Repealed L.N. 14 of 2000) (ii) any functional constituency shall be subscribed by at least 10 other persons each being an elector registered in respect of the relevant functional constituency; (iii) the Election Committee shall be subscribed by at least 10 other persons each being a member registered in respect of the Election Committee; and (iv) any Election Committee subsector shall be subscribed by at least 5 other persons each being a voter registered in respect of the relevant subsector; (b) an elector, member of the Election Committee or voter, as the case may be, can, subject to subsection (3), subscribe any number of nomination papers up to the number of seats in any functional constituency, the Election Committee or any Election Committee subsector as regards a particular election; (c) the signature of an elector, member of the Election Committee or voter, as the case may be, shall, subject to subsection (3), be inoperative on any nomination paper delivered after the delivery of the maximum number of the nomination papers referred to in paragraph (b). (L.N. 14 of 2000) (3) Where- (a) as regards any geographical constituency- (i) all the nominees on a nomination list withdraw their nomination for election in respect of that geographical constituency under section 42 of the Ordinance; or (ii) the Returning Officer rejects a nomination list under section 38(7) of the Ordinance; (b) as regards any functional constituency or the Election Committee- (i) the Returning Officer makes a decision under section 42A(1) of the Ordinance that a candidate is not validly nominated in respect of that functional constituency or Election Committee; (ii) a candidate withdraws his nomination for election in respect of that functional constituency or Election Committee under section 42 of the Ordinance; or (iii) the Returning Officer has made a decision under section 42A(1) of the Ordinance that a candidate is validly nominated in respect of the Election Committee, and subsequently- (A) comes to the knowledge that the candidate has died and gives notice of the death under section 42B(1) of the Ordinance; or (B) varies the decision to the effect that the candidate is not validly nominated and gives notice of the variation under section 42B(4) of the Ordinance; (c) as regards any Election Committee subsector- (i) a candidate is not validly nominated in respect of that Election Committee subsector under the appropriate regulations; or (ii) a candidate withdraws his nomination for election in respect of that Election Committee subsector under section 17 of Schedule 2 to the Ordinance, the elector, member of the Election Committee or voter, as the case may be, who has subscribed the nomination paper of the nominees on that nomination list (in the case of paragraph (a)) or the nomination paper of that candidate (in the case of paragraph (b) or (c)) in accordance with this section may subscribe another nomination paper, and- (i) his signature shall not be inoperative on that other nomination paper only because he has previously subscribed the nomination paper of those nominees or that candidate, as the case may be; (ii) if he subscribes more than one nomination paper in contravention of this subsection, his signature shall be inoperative on any nomination paper so subscribed other than the first one delivered. (L.N. 14 of 2000) (4) For the avoidance of doubt, it is declared that where the number of nomination papers subscribed by any person who has 2 or more of the following capacities- (a) an elector registered in respect of a geographical constituency; (b) an elector registered in respect of a functional constituency; (c) a member of the Election Committee; (d) a voter registered in respect of an Election Committee subsector, in any one of such capacities has reached the maximum number provided for in subsection (1)(b) or (2)(b) (as may be appropriate), subsections (1)(b) and (2)(b) shall not be construed as preventing such person to subscribe, subject to subsection (1)(b) or (2)(b) (as may be appropriate), other nomination papers in another such capacity of him. LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7 Number and qualifications of subscribers to a nomination paper VerDate:19/12/1997 (1) As regards any geographical constituency- (a) the nomination paper of the nominees on a nomination list seeking nomination in respect of any geographical constituency shall be subscribed by at least 100 other persons, each being an elector registered in respect of the constituency in respect of which the nominees on that nomination list are seeking nomination; (b) an elector shall not, subject to subsection (3), subscribe more than one nomination paper as regards a particular election; (c) if an elector subscribes more than one nomination paper in contravention of paragraph (b), his signature shall, subject to subsection (3), be inoperative on any nomination paper other than the one first delivered. (2) As regards any functional constituency, the Election Committee or any Election Committee subsector- (a) the nomination paper of any person seeking nomination in respect of- (i) the Urban Council functional constituency or the Regional Council functional constituency shall be subscribed by at least 5 other persons each being an elector registered in respect of the relevant functional constituency; (ii) any functional constituency other than a functional constituency referred to in subparagraph (i) shall be subscribed by at least 10 other persons each being an elector registered in respect of the relevant functional constituency; (iii) the Election Committee shall be subscribed by at least 10 other persons each being a member registered in respect of the Election Committee; and (iv) any Election Committee subsector shall be subscribed by at least 5 other persons each being a voter registered in respect of the relevant subsector; (b) an elector or voter, as the case may be, can, subject to subsection (3), subscribe any number of nomination papers up to the number of seats in any functional constituency, the Election Committee or any Election Committee subsector as regards a particular election; (c) the signature of an elector or voter, as the case may be, shall, subject to subsection (3), be inoperative on any nomination paper delivered after the delivery of the maximum number of the nomination papers referred to in paragraph (b). (3) Where the Returning Officer has determined in accordance with the appropriate regulations that any nomination paper submitted to him is invalid, the elector or voter who subscribes such nomination paper under subsection (1)(b) or (2)(b), as the case may be, may subscribe another nomination paper. (4) For the avoidance of doubt, it is declared that where the number of nomination papers subscribed by any person who has 2 or more of the following capacities- (a) an elector registered in respect of a geographical constituency; (b) an elector registered in respect of a functional constituency; (c) a member of the Election Committee; (d) a voter registered in respect of an Election Committee subsector, in any one of such capacities has reached the maximum number provided for in subsection (1)(b) or (2)(b) (as may be appropriate), subsections (1)(b) and (2)(b) shall not be construed as preventing such person to subscribe, subject to subsection (1)(b) or (2)(b) (as may be appropriate), other nomination papers in another such capacity of him.