Hong Kong Regulations

LEGISLATIVE COUNCIL (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 7

Number and qualifications of subscribers to a nomination paper

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

(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        (i)    (Repealed L.N. 14 of 2000)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        (iv)   (Repealed L.N. 206 of 2001)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)