1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_(PROCEDURE)_REGULATIONS — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

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

B 7

[Subsidiary]

Requirement for candidates to be validly nominated and decisions as to validity of nominations

8. (1) No person shall stand as a candidate in an election unless he is validly nominated as such candidate, and the question whether he is validly nominated as such candidate shall be decided by the returning officer.

(2) The returning officer shall examine each nomination paper as soon as practicable after it is delivered to him and decide whether the candidates have been validly nominated.

(3) The returning officer shall be entitled to decide that a nomination is invalid if, but only if-

(a) the particulars of the candidate or the persons subscribing the nomination paper do not comply with the Ordinance or these regulations; or

(b) proof is given to the satisfaction of the returning officer of the death of the candidate or that he is not qualified for nomination or is disqualified from being nominated as such candidate; or

(c) in the case of a functional constituency, the registration officer is not satisfied that the candidate has a substantial connection with the constituency concerned.

(4) Where the returning officer decides that a nomination is invalid, he shall endorse and sign on the nomination paper the reasons for his decision.

(5) The returning officer shall send notice of his decision to the candidate at the candidate's residential address stated in the nomination paper.

(6) The decision of the returning officer that a nomination is valid or invalid, as the case may be, shall be final and shall not be questioned in any proceeding whatsoever except by an election petition under Part VII of the Ordinance.

Withdrawal of nomination

9. A candidate may withdraw his nomination by delivering to the returning officer at the specified address a notice signed by him in the presence of a witness (who shall also sign) in Form 4 in the First Schedule, not later than the day following the expiration of the nomination period.

Publication of nominations

10. The returning officer shall, not later than 14 days after the expiration of the nomination period, publish in the Gazette a notice in Form 5 in the First Schedule of all nominations received by him during that period.

Poll to be taken in contested election

11. A poll shall be taken in any constituency where the number of validly nominated candidates who have not withdrawn under regulation 9 exceeds the number of vacancies in that constituency.

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1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381 (Procedure) Regulations B 7 [Subsidiary] Requirement for candidates to be validly nominated and decisions as to validity of nominations 8. (1) No person shall stand as a candidate in an election unless he is validly nominated as such candidate, and the question whether he is validly nominated as such candidate shall be decided by the returning officer. (2) The returning officer shall examine each nomination paper as soon as practicable after it is delivered to him and decide whether the candidates have been validly nominated. (3) The returning officer shall be entitled to decide that a nomination is invalid if, but only if- (a) the particulars of the candidate or the persons subscribing the nomination paper do not comply with the Ordinance or these regulations; or (b) proof is given to the satisfaction of the returning officer of the death of the candidate or that he is not qualified for nomination or is disqualified from being nominated as such candidate; or (c) in the case of a functional constituency, the registration officer is not satisfied that the candidate has a substantial connection with the constituency concerned. (4) Where the returning officer decides that a nomination is invalid, he shall endorse and sign on the nomination paper the reasons for his decision. (5) The returning officer shall send notice of his decision to the candidate at the candidate's residential address stated in the nomination paper. (6) The decision of the returning officer that a nomination is valid or invalid, as the case may be, shall be final and shall not be questioned in any proceeding whatsoever except by an election petition under Part VII of the Ordinance. Withdrawal of nomination 9. A candidate may withdraw his nomination by delivering to the returning officer at the specified address a notice signed by him in the presence of a witness (who shall also sign) in Form 4 in the First Schedule, not later than the day following the expiration of the nomination period. Publication of nominations 10. The returning officer shall, not later than 14 days after the expiration of the nomination period, publish in the Gazette a notice in Form 5 in the First Schedule of all nominations received by him during that period. Poll to be taken in contested election 11. A poll shall be taken in any constituency where the number of validly nominated candidates who have not withdrawn under regulation 9 exceeds the number of vacancies in that constituency.

Baseline (Original)

1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381 (Procedure) Regulations B 7 [Subsidiary] Requirement for candidates to be validly nominated and decisions as to validity of nominations 8. (1) No person shall stand as a candidate in an election unless he is validly nominated as such candidate, and the question whether he is validly nominated as such candidate shall be decided by the returning officer. (2) The returning officer shall examine each nomination paper as soon as practicable after it is delivered to him and decide whether the candidates have been validly nominated. (3) The returning officer shall be entitled to decide that a nomination is invalid if, but only if- (a) the particulars of the candidate or the persons subscribing the nomination paper do not comply with the Ordinance or these regulations; or (b) proof is given to the satisfaction of the returning officer of the death of the candidate or that he is not qualified for nomination or is disqualified from being nominated as such candidate; or (c) in the case of a functional constituency, the registration officer is not satisfied that the candidate has a substantial connection with the constituency concerned. (4) Where the returning officer decides that a nomination is invalid, he shall endorse and sign on the nomination paper the reasons for his decision. (5) The returning officer shall send notice of his decision to the candidate at the candidate's residential address stated in the nomination paper. (6) The decision of the returning officer that a nomination is valid or invalid, as the case may be, shall be final and shall not be questioned in any proceeding whatsoever except by an election petition under Part VII of the Ordinance. Withdrawal of nomination 9. A candidate may withdraw his nomination by delivering to the retur- ning officer at the specified address a notice signed by him in the presence of a witness (who shall also sign) in Form 4 in the First Schedule, not later than the day following the expiration of the nomination period. Publication of nominations 10. The returning officer shall, not later than 14 days after the expiration of the nomination period, publish in the Gazette a notice in Form 5 in the First Schedule of all nominations received by him during that period. Poll to be taken in contested election 11. A poll shall be taken in any constituency where the number of validly nominated candidates who have not withdrawn under regulation 9 exceeds the number of vacancies in that constituency.

2026-05-04 22:42:22 · Baseline

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