**
1988 Ed.]
Legislative Council (Electoral Provisions) [CAP. 381
(Procedure) Regulations
B 37
[Subsidiary]
(3) At the fourth count under paragraph (4) the ballot papers of the candidate required to withdraw under paragraph 13(1) or 20(4) which contain second or third preference votes in respect of that candidate shall be transferred to, and allotted amongst, the candidates then remaining after the third count according to the third or fourth preference votes marked on those ballot papers.
(4) At the fourth count, the-
(a) second preference votes contained in the ballot papers transferred and allotted under subparagraph (1) in respect of each candidate then remaining after the third count; and
(b) third or fourth preference votes contained in the ballot papers transferred and allotted under subparagraphs (2) and (3) in respect of that candidate,
shall be counted and recorded and those votes shall be aggregated with the first, second and third preference votes in respect of that candidate recorded at the third count.
15. The candidate who obtains an absolute majority of the total number of first, second, third and fourth preference votes as recorded and aggregated at the fourth count under paragraph 14(4) shall be elected.
16. Where no candidate then remaining after the third count obtains an absolute majority of first, second, third and fourth preference votes as recorded and aggregated at the fourth count under paragraph 14(4), the same or substantially the same procedure as that applicable at that fourth count shall apply to the fifth and subsequent counts (if any) until one candidate obtains an absolute majority of the preference votes as recorded and aggregated at that fifth or subsequent count.
17. Where at the final count neither candidate then remaining after the preceding count obtains an absolute majority of the first and subsequent preference votes as recorded and aggregated at that count (i.e. both candidates obtain the same number of such preference votes) a separate count ("special count") shall be conducted between those candidates, in accordance with paragraphs 18 and 19.
18. At the special count, the preference votes ("the relevant preference votes") marked on the ballot papers in respect of each candidate, being next in sequence to the first and subsequent preference votes as recorded and aggregated at the final count, shall be counted and recorded.
19. (1) The candidate who obtains the higher number of the relevant preference votes as recorded at the special count under paragraph 18 shall be deemed to have received an additional preference vote at the final count and shall be elected.
(2) Where both candidates obtain the same number of the relevant preference votes as recorded at the special count under paragraph 18, the result of the election shall be determined by the returning officer by lot, the successful candidate being deemed to have received an additional preference vote at the final count.
20. (1) The elimination count under subparagraph (3) shall be conducted between all candidates, or 2 or more candidates, (“tied-vote candidates") then remaining after each stage of the count-
(a) in the circumstances described in paragraph 7(3), immediately after the first count; or
(b) in the circumstances described in paragraph 10(3), immediately after the second count; or
(c) in the circumstances described in paragraph 13(3), immediately after the third count; or
(d) immediately after the fourth and subsequent counts (if any) where-
(i) all the tied-vote candidates obtain the same number of preference votes as recorded and aggregated at that fourth or subsequent count; or
(ii) 2 or more tied-vote candidates obtain the same number of preference votes as recorded and aggregated at that fourth or subsequent count, being the least number so recorded and aggregated at that count,
as the case may be, in order to establish which one of those candidates shall withdraw from the election.
(2) At the elimination count under subparagraph (3) only the ballot papers ("relevant ballot papers") in respect of the "tied-vote candidates" shall be transferred to, and allotted amongst, those candidates and the ballot papers in respect of the other candidates, or other candidates then remaining after the count immediately preceding the elimination count, as the case may be, shall be disregarded.
(3) At the elimination count-
(a) the relevant ballot papers shall be transferred to, and allotted amongst, the tied-vote candidates in accordance with the preference votes ("lower preference votes") marked on those relevant ballot papers in respect of those candidates, being next in sequence to the preference votes as recorded and aggregated at the count immediately preceding the elimination count; and