Cap 541L s 18 Returning Officer to notify and declare if a validly nominated candidate is known before date of election to be disqualified (Electoral Procedure (Village Representative Election) Regulation; Electoral Affairs Commission Ordinance)

Contents of Section

Chapter:	541L	Title:	Electoral Procedure (Village Representative Election) Regulation	Gazette Number:	L.N. 77 of 2011
Section:	18	Heading:	Returning Officer to notify and declare if a validly nominated candidate is known before date of election to be disqualified	Version Date:	08/07/2011

(1) A notice under section 28(4) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the disqualification of a validly nominated candidate comes to the knowledge of that Officer, to-

(a) the Director of Home Affairs; and

(b) if practicable, each candidate who remains validly nominated for election for the Village concerned.

(2) The Returning Officer-

(a) shall-

(i) endorse on the nomination form of the disqualified candidate that that Officer's decision made under section 27(1) of the Election Ordinance in relation to that candidate is varied and the reason for it; and

(ii) sign the endorsement; and

(b) may on the polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place- (L.N. 77 of 2011)

(i) immediately outside each polling station (other than a dedicated polling station) used for polling for the Village; and

(ii) inside each dedicated polling station used for polling for the Village. (L.N. 77 of 2011)

(3) Declarations under section 28(5) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the disqualification of the candidate comes to the knowledge of that Officer-

(a) by notice published in the Gazette;

(b) by notice published in any daily newspaper in circulation in Hong Kong;

(d) by such other means as that Officer considers appropriate in the circumstances.

(4) A notice under subsection (2)(b) or (3)(a) or (b) shall state-

(a) the name and the principal residential address of the disqualified candidate;

(b) whether the disqualified candidate was nominated for election as a Resident Representative for an Existing Village, or as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village, as the case may be, and the name of the Village;

(c) that the decision of the Returning Officer made under section 27(1) of the Election Ordinance has been varied to the effect that the candidate is not validly nominated; and

(d) the name and the principal residential address of each candidate who remains validly nominated for election for the Village.

(5) A public announcement under subsection (3)(c) shall state-

(a) the name of the disqualified candidate;

(6) If, before the disqualification of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Village Representative for the Village-

(a) subsections (1), (2), (3), (4) and (5) and section 19 do not apply; and

(b) a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.