Hong Kong Regulations

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

Return of deposit on invalid nomination etc.

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-

        (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)