Hong Kong Regulations

ELECTION COMMITTEE (SUBSCRIBERS AND ELECTION DEPOSIT FOR NOMINATION) REGULATION - SECT 5

Disposal of deposit after publication of subsector election result

(1) Subject to subsection (2), when in a subsector election-

   (a)  a candidate is declared under section 25(1) of the Schedule to the
        Ordinance to be duly elected as a member of the Election Committee
        representing the subsector concerned; or

   (b)  a candidate is declared under section 29(7) or (9) of the Schedule to
        the Ordinance as elected, the deposit lodged in respect of his
        nomination shall be returned after such declaration to the person who
        lodged the deposit.

(2) In a subsector election, if the total number of ballot papers containing
valid votes in favour of an unsuccessful candidate is less than-

   (a)  2.5% of the total number of ballot papers containing valid votes
        received in the subsector concerned (as determined by a counting of
        the votes and any re-count); or

   (b)  the minimum number of persons required under section 8(1) to subscribe
        to the nomination paper of a person seeking nomination in that
        subsector, whichever is the greater, the deposit lodged in respect of
        the candidate's nomination shall be forfeited to the general revenue.

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

   (a)  in the case of subsection (1)(a), after the publication of the
        declaration that the candidate is duly elected;

   (b)  in the case of subsection (1)(b), after the publication of a notice
        under section 35 of the Schedule to the Ordinance, 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.

(4) The Director of Accounting Services shall, as soon as practicable after
receiving a notification under subsection (3), return the deposit to the
person who lodged the deposit, as 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), 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 the candidate's
nomination shall be forfeited to the general revenue.