Cap 541F s 24 Returning Officer to notify and declare if a validly nominated candidate is proved to have died* (Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation; Electoral Affairs Commission Ordinance)

Contents of Section

Chapter:	541F	Title:	Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation	Gazette Number:	E.R. 2 of 2012
Section:	24	Heading:	Returning Officer to notify and declare if a validly nominated candidate is proved to have died*	Version Date:	02/08/2012

(1) If the death of a candidate is proved to the satisfaction of the Returning Officer before the election day but after that Officer has decided that the candidate is validly nominated, that Officer must notify the Chief Electoral Officer as soon as possible. (L.N. 79 of 2007)
(2) The Returning Officer must, as soon as practicable, declare that the candidate has died. That Officer must further declare which candidates are validly nominated for election for the relevant constituency.
(3) A declaration under subsection (2) must be made-

(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 the Returning Officer considers appropriate in the circumstances.

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

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

(b) the name of the constituency and the name of the relevant District; and

(c) the name and the principal residential address of each candidate that remains validly nominated for that constituency.

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

(a) the name of the deceased candidate;

(b) the name of the constituency and the name of the relevant District; and

(6) The Returning Officer must endorse on the nomination form of the deceased candidate that the candidate has died. The Returning Officer must sign the endorsement.
(7) The Returning Officer must, if practicable, send a notice of the declaration under subsection (2) to each of the candidates that remains validly nominated for the constituency concerned to replace the notice under section 19(3).
(8) On polling day, the Returning Officer may, where that Officer considers appropriate, display a notice which complies with subsection (4) in a prominent place- (L.N. 74 of 2011)

(a) outside each polling station (other than a dedicated polling station) used for polling for the constituency concerned; and

(b) inside each dedicated polling station used for polling for the constituency concerned. (L.N. 74 of 2011)

(9) If, after the death of a candidate, only one candidate remains validly nominated for the constituency concerned, the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that no poll is to be held for that constituency. The Returning Officer must in the notice under subsection (3)(a), if any, or in a separate notice declare, for the purposes of section 39(1) of the District Councils Ordinance (Cap 547), the remaining candidate as being duly elected as an elected member for that constituency.
(10) A separate notice under subsection (9) must-

(a) be published in the Gazette as soon as practicable;

(b) state the name and the principal residential address of the candidate declared to be duly elected as an elected member; and

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Note:
* (Amended L.N. 79 of 2007)