Hong Kong Regulations

DISTRICT COUNCILS (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 3

Return of deposit on invalid nomination etc.

(1) Where, as regards any constituency-

   (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 36(1) of
               the Ordinance that the candidate is not validly nominated in
               respect of that constituency;

        (ii)   the candidate withdraws his nomination for election in respect
               of that constituency under section 35 of the Ordinance; or

        (iii)  the Returning Officer has made a decision under section 36(1)
               of the Ordinance that the candidate is validly nominated in
               respect of that constituency, and subsequently- (A) comes to
               the knowledge that the candidate has died and makes the
               declarations referred to in section 36(2) of the Ordinance; or
               (B) varies the decision to the effect that the candidate is not
               validly nominated and makes the declarations referred to in
               section 36(4) of the Ordinance, the deposit so lodged; or

   (b)  the proceedings for the election are terminated under section 40(1) of
        the Ordinance, the deposit lodged in respect of each candidate for
        that constituency, shall be returned in accordance with this section.

(2) The Returning Officer for the constituency concerned shall, in the case
referred to in-

   (a)  subsection (1)(a)(i) and (ii), as soon as practicable after the
        publication under the appropriate regulations of a notice containing
        particulars of the candidates validly nominated in respect of that
        constituency, notify the Director of Accounting Services in writing
        that the deposit lodged by or on behalf of that candidate is
        returnable to that candidate or to the person who lodges the deposit
        on behalf of such candidate, as the case may be;

   (b)  subsection (1)(a)(iii), as soon as practicable after the declarations
        referred to in section 36(2) or (4), as the case may be, of the
        Ordinance are made in accordance with the appropriate regulations,
        notify the Director of Accounting Services in writing that the deposit
        lodged by or on behalf of that candidate is returnable to that
        candidate or to the person who lodges the deposit on behalf of such
        candidate, as the case may be;

   (c)  subsection (1)(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 by or on behalf of each
        candidate for the constituency concerned is returnable to such
        candidate or to the person who lodges the deposit on behalf of such
        candidate, as the case may be.

(3) The Director of Accounting Services shall, as soon as practicable after
the receipt of a notification under subsection (2), return the amount of the
deposit 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.