Hong Kong Regulations

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

Return of deposit on invalid nomination etc.

(1) A deposit lodged in respect of a candidate's nomination shall be returned
in accordance with subsections (2) and (3), if -

   (a)  the candidate withdraws his candidature under section 21 of the
        Schedule to the Ordinance;

   (b)  the Returning Officer makes a decision under section 22(1) of the
        Schedule to the Ordinance that the candidate is not validly nominated;

   (c)  the Returning Officer gives the notice of the death of the candidate
        under section 23(1) of the Schedule to the Ordinance;

   (d)  the Returning Officer gives the notice of the variation of the
        decision under section 23(4) of the Schedule to the Ordinance; or

   (e)  proof is given to the satisfaction of the Returning Officer that the
        candidate has died or is disqualified from being elected as referred
        to in section 26(1) of the Schedule to the Ordinance.

(2) The Returning Officer shall as soon as practicable -

   (a)  in the case of subsection (1)(a) or (b), after the publication under
        the EAC Regulations of a notice containing particulars of the
        candidates validly nominated in respect of the subsector concerned;

   (b)  in the case of subsection (1)(c), after the notice of the death is
        given under section 23(1) of the Schedule to the Ordinance or the
        declarations are made under section 23(2) of that Schedule (as may be
        applicable);

   (c)  in the case of subsection (1)(d), after the notice of the variation of
        the decision is given under section 23(4) of the Schedule to the
        Ordinance or the declarations are made under section 23(5) of that
        Schedule (as may be applicable);

   (d)  in the case of subsection (1)(e), after the publication under
        section 35 of the Schedule to the Ordinance of a notice containing the
        names of the persons duly elected as members of the Election Committee
        at the subsector election, notify the Director of Accounting Services
        in writing that the deposit lodged in respect of the candidate's
        nomination is returnable to the person who lodged the deposit.

(3) The Director of Accounting Services shall, as soon as practicable after
receiving a notification under subsection (2), return the deposit to the
person who lodged the deposit, as specified in the notification.