Hong Kong Regulations

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

Number and qualifications of subscribers to a nomination paper

(Past version on 01/06/2004).
(Past version on 23/11/2001).
(Past version on 03/03/2000).
(Past version on 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, 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(2A)-(2B) (Repealed 25 of 2003 s. 50)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)