1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_(PROCEDURE)_REGULATIONS — Page 36

B 36

[Subsidiary]

CAP. 381] Legislative Council (Electoral Provisions)

(Procedure) Regulations

[1988 Ed.

(b) 2 or more candidates obtain the same number of first and second preference votes as recorded and aggregated at that count, being the least number so recorded and aggregated, as the case may be, a separate count (“elimination count”) shall be conducted between those candidates, in accordance with paragraph 20, immediately before the third count under paragraph 11(4).

11. (1) Subject to subparagraph (2), at the third count under subparagraph (4) the ballot papers of the candidate required to withdraw under paragraph 10(1) or 20(4) which contain first preference votes in respect of that candidate shall be transferred to, and allotted amongst, the candidates then remaining after the second count according to the second preference votes marked on those ballot papers.

(2) Where any ballot papers referred to in subparagraph (1) contain second preference votes in respect of the candidate required to withdraw under paragraph 7(1) or 20(4), those ballot papers shall be transferred to, and allotted amongst, the candidates then remaining after the second count according to the third preference votes marked on those ballot papers.

(3) At the third count under subparagraph (4) the ballot papers of the candidate required to withdraw under paragraph 10(1) or 20(4) which contain second preference votes in respect of that candidate shall be transferred to, and allotted amongst, the candidates then remaining after the second count according to the third preference votes marked on those ballot papers.

(4) At the third 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 second count; and

(b) third 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 and second preference votes in respect of that candidate recorded and aggregated at the second count.

12. The candidate who obtains an absolute majority of the total number of first, second and third preference votes as recorded and aggregated at the third count under paragraph 11(4) shall be elected.

13. (1) Subject to subparagraphs (2) and (3), where no candidate then remaining after the second count obtains an absolute majority of first, second and third preference votes as recorded and aggregated at the third count under paragraph 11(4), 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 14.

(2) Where a ballot paper-

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

(b) contains second, third or fourth 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 fourth and subsequent counts (if any).

(3) Where-

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

(b) 2 or more candidates obtain the same number of first, second and third preference votes as recorded and aggregated at that count, being the least number so recorded and aggregated, as the case may be, a separate count ("elimination count") shall be conducted between those candidates, in accordance with paragraph 20, immediately before the fourth count under paragraph 14(4).

14. (1) Subject to subparagraph (2), at the fourth count under subparagraph (4) the ballot papers of the candidate required to withdraw under paragraph 13(1) or 20(4) which contain first 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 second preference votes marked on those ballot papers.

(2) Where any ballot papers referred to in subparagraph (1) contain second or third preference votes in respect of the candidates required to withdraw under paragraph 7(1), 10(1) or 20(4), those ballot papers 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.