B8
[Subsidiary]
CAP. 381] Legislative Council (Electoral Provisions)
(Procedure) Regulations
[1988 Ed.
Declaration of election where number of candidates is same as number of vacancies
12. Where at the end of the day following the expiration of the nomination period the number of validly nominated candidates in any constituency who have not withdrawn under regulation 9 is the same as the number of vacancies in that constituency, the returning officer shall declare such candidates elected and publish the result in the notice of nominations published under regulation 10.
Procedure where no candidates are nominated or vacancies exceed number of candidates nominated
13. (1) Where in any constituency no candidate is validly nominated or every validly nominated candidate has withdrawn under regulation 9, the returning officer shall declare that result and, not later than 14 days after the day following the expiration of the nomination period, publish in the Gazette a notice of election in Form 1 in the First Schedule stating in respect of that constituency the particulars set out in regulation 4, and this Part shall apply accordingly.
(2) Where in any constituency the number of validly nominated candidates who have not withdrawn under regulation 9 is less than the number of vacancies in that constituency, the returning officer shall-
(a) declare such candidates elected and publish the result in the notice of nominations published under regulation 10; and
(b) in respect of any continuing vacancy in that constituency, declare that result and, not later than 14 days after the day following the expiration of the nomination period, publish in the Gazette a notice of election in Form 1 in the First Schedule stating in respect of that constituency the particulars set out in regulation 4, and this Part shall apply accordingly.
(3) Where in respect of any constituency a notice of election is published under subregulation (1) or (2), and at the end of the day following the expiration of the nomination period in respect of such election any vacancy in the constituency continues (either because no candidate is validly nominated or every validly nominated candidate has withdrawn under regulation 9 or because the number of validly nominated candidates who have not withdrawn under regulation 9 is less than the number of vacancies in that constituency), the returning officer shall not, unless the Legislative Council is sooner dissolved, be required to publish a further notice of election until the expiration of 6 months from the date of publication of the previous notice of election.
(4) Within 7 days after the expiration of such period of 6 months, the returning officer shall publish in the Gazette a notice of election in Form 1 in the First Schedule stating the particulars set out in regulation 4, and this Part shall apply accordingly.
Election countermanded
14. (1) Where at any election proof is given to the satisfaction of the returning officer before the result of the election is declared that a candidate in a constituency has died or become disqualified from being elected, the returning officer shall-
B8
[Subsidiary]
CAP. 381] Legislative Council (Electoral Provisions)
(Procedure) Regulations
[1988 Ed.
Declaration of election where number of candidates is same as number of vacancies
12. Where at the end of the day following the expiration of the nomination period the number of validly nominated candidates in any constituency who have not withdrawn under regulation 9 is the same as the number of vacancies in that constituency, the returning officer shall declare such candidates elected and publish the result in the notice of nominations published under regulation 10.
Procedure where no candidates are nominated or vacancies exceed number of candidates nominated
13. (1) Where in any constituency no candidate is validly nominated or every validly nominated candidate has withdrawn under regulation 9, the returning officer shall declare that result and, not later than 14 days after the day following the expiration of the nomination period, publish in the Gazette a notice of election in Form 1 in the First Schedule stating in respect of that constituency the particulars set out in regulation 4, and this Part shall apply accordingly.
(2) Where in any constituency the number of validly nominated candidates who have not withdrawn under regulation 9 is less than the number of vacancies in that constituency, the returning officer shall-
(a) declare such candidates elected and publish the result in the notice of
nominations published under regulation 10; and
(b) in respect of any continuing vacancy in that constituency, declare that result and, not later than 14 days after the day following the expiration of the nomination period, publish in the Gazette a notice of election in Form 1 in the First Schedule stating in respect of that constituency the particulars set out in regulation 4, and this Part shall apply accordingly. (3) Where in respect of any constituency a notice of election is published under subregulation (1) or (2), and at the end of the day following the expira- tion of the nomination period in respect of such election any vacancy in the constituency continues (either because no candidate is validly nominated or every validly nominated candidate has withdrawn under regulation 9 or because the number of validly nominated candidates who have not withdrawn under regulation 9 is less than the number of vacancies in that constituency), the returning officer shall not, unless the Legislative Council is sooner dissolved, be required to publish a further notice of election until the expiration of 6 months from the date of publication of the previous notice of election.
(4) Within 7 days after the expiration of such period of 6 months, the returning officer shall publish in the Gazette a notice of election in Form 1 in the First Schedule stating the particulars set out in regulation 4, and this Part shall apply accordingly.
Election countermanded
14. (1) Where at any election proof is given to the satisfaction of the returning officer before the result of the election is declared that a candidate in a constituency has died or become disqualified from being elected, the returning officer shall-
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