Hong Kong Regulations

LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3

Return of deposit on invalid nomination or countermanding

Caution: This is a past version. See the current version here.

(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.