1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_(PROCEDURE)_REGULATIONS — Page 38

B 38

[Subsidiary]

CAP. 381] Legislative Council (Electoral Provisions)

(Procedure) Regulations

[1988 Ed.

(b) those lower preference votes in respect of each tied-vote candidate shall be counted and recorded.

(4) Subject to subparagraph (5), the tied-vote candidate who obtains the least number of lower preference votes as counted and recorded under subparagraph (3) shall withdraw from the election and his ballot papers shall be transferred to, and allotted amongst, the other candidates or the other candidates then remaining (including the other tied-vote candidate or candidates) at the count immediately preceding the elimination count, as the case may be, in accordance with paragraph 8, 11 or 14.

(5) Where 2 or more tied-vote candidates obtain the same number of lower preference votes as recorded at the elimination count, the establishment of which one of those candidates shall withdraw from the election shall be determined by the returning officer by lot and the ballot papers of that candidate shall be dealt with according to subparagraph (4) as if he were required to withdraw under that subparagraph.

Single-seat constituencies with only 2 candidates

21. 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.

22. Where at the first count neither candidate obtains an absolute majority of the first preference votes as recorded at that count (i.e. both candidates obtain the same number of first preference votes) a separate count ("special count") shall be conducted between those candidates, in accordance with paragraphs 23 and 24.

23. At the special count the second preference votes marked on the ballot papers in respect of each candidate shall be counted and recorded.

24. (1) The candidate who obtains the higher number of the second preference votes as recorded at the special count under paragraph 23 shall be deemed to have received an additional first preference vote at the first count and shall be elected.

(2) Where both candidates obtain the same number of second preference votes as recorded at the special count under paragraph 23, the result of the election shall be determined by the returning officer by lot, the successful candidate being deemed to have received an additional first preference vote at the first count.

Double-seat constituencies with 3 or more candidates

25. (1) The procedure relating to-

(a) the counting of preference votes marked on ballot papers in respect of 3 or more candidates in a double-seat constituency;

(b) the transfer and allotment of the ballot papers between those candidates;

(c) the withdrawal of candidates from the election, including such withdrawal following an elimination count; and

(d) the election of 2 candidates as elected Members, including such election of one of those candidates following a special count,

shall, subject to the modifications contained in this paragraph, be conducted or carried out in the same or substantially the same manner as the procedure relating to-

(i) the counting of preference votes marked on ballot papers in respect of 3 or more candidates in a single-seat constituency;

(ii) the transfer and allotment of the ballot papers between those candidates;

(iii) the withdrawal of candidates from the election, including such withdrawal following an elimination count; and

(iv) the election of a candidate as an elected Member, including such election following a special count.