1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_(PROCEDURE)_REGULATIONS — Page 35

1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381 (Procedure) Regulations

B 35

[Subsidiary]

(3) The withdrawal of a candidate under subparagraph (2) and the transfer, allotment and aggregation of preference votes under that subparagraph shall continue at subsequent counts until a candidate obtains an absolute majority of preference votes as recorded and aggregated at the final count and is elected.

Single-seat constituencies with 3 or more candidates

6. (1) At the first count only first preference votes marked on the ballot papers in respect of each candidate shall be counted and recorded and the candidate who obtains an absolute majority of those votes at that count shall be elected.

(2) Where the ballot papers referred to in subparagraph (1) contain only first preference votes and no other preference votes are marked on those ballot papers, the candidate who obtains the highest number of those first preference votes shall be elected.

7. (1) Subject to subparagraphs (2) and (3), where no candidate obtains an absolute majority of the first preference votes recorded at the first count, the candidate who obtains the least number of those votes recorded at that count shall withdraw from the election and his ballot papers shall be dealt with according to paragraph 8.

(2) Where a ballot paper-

(a) of a candidate required to withdraw from the election under subparagraph (1) contains no second preference vote; or

(b) contains a second preference vote which is not valid under paragraph 4(2) or (3),

that ballot paper shall be set aside and disregarded for the purposes of the second and subsequent counts (if any).

(3) Where-

(a) all the candidates obtain the same number of first preference votes as recorded at the first count; or

(b) 2 or more candidates obtain the same number of first preference votes as recorded at that count, being the least number so recorded,

as the case may be, a separate count ("elimination count") shall be conducted between those candidates, in accordance with paragraph 20, immediately before the second count under paragraph 8(2).

8. (1) At the second count under subparagraph (2) the ballot papers of the candidate required to withdraw under paragraph 7(1) or 20(4) shall be transferred to, and allotted amongst, the candidates then remaining after the first count according to the second preference votes marked on those ballot papers.

(2) At the second count, the second preference votes contained in the ballot papers transferred and allotted under subparagraph (1) in respect of each candidate then remaining after the first count shall be counted and recorded and those votes shall be aggregated with the first preference votes in respect of that candidate recorded at the first count.

9. The candidate who obtains an absolute majority of the total number of first and second preference votes as recorded and aggregated at the second count under paragraph 8(2) shall be elected.

10. (1) Subject to subparagraphs (2) and (3), where no candidate then remaining after the first count obtains an absolute majority of first and second preference votes as recorded and aggregated at the second count under paragraph 8(2), the candidate who obtains the least number of those votes as recorded and aggregated at that count shall withdraw from the election and his ballot papers shall be dealt with according to paragraph 11.

(2) Where a ballot paper-

(a) of a candidate required to withdraw from the election under subparagraph (1) contains no second or third preference votes; or

(b) contains second or third preference votes which are not valid under paragraph 4(2) or (3),

that ballot paper shall be set aside and disregarded for the purposes of the third and subsequent counts (if any).

(3) Where-

(a) all the candidates obtain the same number of first and second preference votes as recorded and aggregated at the second count; or

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