Hong Kong Regulations

DISTRICT COUNCILS (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 4

Disposal of deposit after publication of election result or declaration of failure of election

(Past version on 07/05/1999).

(1) Subject to subsection (2), as regards-

   (a)  an election in which a candidate is declared under section 39(1) of
        the Ordinance to be duly elected as an elected member in respect of a
        constituency;

   (b)  an election in which a candidate is declared under section 41(4) of
        the Ordinance as elected in respect of a constituency; or

   (c)  an election which is declared under section 40(3) of the Ordinance to
        have failed, after such declaration, the deposit lodged by or on
        behalf of each candidate for the constituency concerned, unless it
        shall be returned in accordance with section 3, shall be returned in
        accordance with this section. (L.N. 120 of 2003)

(2) Where the total number of ballot papers containing valid votes in favour
of an unsuccessful candidate in respect of a constituency received by such
candidate is less than 5% of the total number of ballot papers containing
valid votes received in that constituency, as determined by a counting of the
votes and any re-count, the deposit lodged in respect of his nomination shall
be forfeited to the general revenue in accordance with this section.

(3) Subject to subsection (5), the Returning Officer for the constituency
concerned shall, in the case of-

   (a)  an election referred to in subsection (1)(a), as soon as practicable
        after the publication under the appropriate regulations of a notice
        declaring that the candidate is duly elected in respect of that
        constituency;

   (b)  an election referred to in subsection (1)(b), as soon as practicable
        after the publication under the appropriate regulations of a notice of
        the result of the election in respect of that constituency;

   (c)  an election referred to in subsection (1)(c), as soon as practicable
        after the publication under the appropriate regulations of a notice
        declaring that the election have failed, 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. (L.N. 120 of 2003)

(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 candidate or to the person who lodges the deposit on behalf of
such candidate, as the case may be, specified in the notification.

(5) The Returning Officer shall, as soon as practicable after the publication
of the notice referred to in subsection (3)(b) or (c), notify the Director of
Accounting Services in writing, as regards any unsuccessful candidate referred
to in subsection (2), that the deposit lodged in respect of his nomination for
that constituency at the relevant election is to be forfeited to the general
revenue.