33. When final register is to take effect

A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register.

34. Right of appeal to Revising Officer against decisions
of Electoral Registration Officer

  1. A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of this Ordinance may appeal against the decision to a Revising Officer.

  2. The determination of a Revising Officer on such an appeal is final.

  3. The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing of the appeal.

  4. At the hearing of the appeal, the appellant or any other person concerned in the appeal is entitled to appear in person and, whether or not the appellant appears in person, to be represented by a legal practitioner or any other person.

PART VI

Conduct of Elections

35. Vacancy in membership of Legislative
Council to be declared

  1. The Clerk to the Legislative Council must, by notice published in the Gazette, declare the existence of a vacancy in the membership of that Council within 21 days after becoming aware of the vacancy.

  2. Without limiting subsection (1), the Clerk to the Legislative Council must declare the existence of a vacancy under that subsection after becoming aware that, after the close of polling for an election, a candidate returned at the election has died before that candidate is declared to be elected as a Member at the election.

36. By-election to be held to fill vacancy in
membership of Legislative Council

  1. The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), arrange for a by-election to be held in the following circumstances and not otherwise---

    1. on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35;

    2. on the making of a declaration under section 45 that the proceedings for the election for a constituency or by the Election Committee have been terminated;

    3. on the making of a declaration under section 46(2) that an election for a constituency or by the Election Committee has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency or by that Committee;

    4. on the Court's making a determination under section 67 that a person whose election is questioned was not duly elected without determining that some other person was duly elected instead.

  2. However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held---

    1. within the 4 months preceding the end of that Council's current term of office; or

    2. if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law.
37. Who is eligible to be nominated as a candidate

  1. A person is eligible to be nominated as a candidate at an election for a geographical constituency, or for election by the Election Committee, only if the person---

    1. has reached 21 years of age; and

    2. is both registered and eligible to be registered as an elector for a geographical constituency; and

    3. is not disqualified from being elected as a Member by virtue of section 39 or any other law; and

    4. has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and

    5. is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China.

  2. A person is eligible to be nominated as a candidate at an election for a functional constituency only if the person---

    1. has reached 21 years of age; and

    2. is both registered and eligible to be registered as an elector for such a constituency or satisfies the Electoral Registration Officer that the person has a substantial connection with the constituency; and

    3. is both registered and eligible to be registered as an elector for a geographical constituency; and

    4. is not disqualified from being elected as a Member by virtue of section 39 or any other law; and

    5. has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination; and

    6. except in the case of the 12 functional constituencies specified in subsection (3), is a Chinese citizen who is a permanent resident of Hong Kong with no right of abode in any country other than the People's Republic of China.

  3. The following 12 functional constituencies are specified for the purposes of subsection (2)---

    1. the legal functional constituency;

    2. the accountancy functional constituency;

    3. the engineering functional constituency;

    4. the architectural, surveying and planning functional constituency;

    5. the real estate and construction functional constituency;

    6. the tourism functional constituency;

    7. the commercial (first) functional constituency;

    8. the industrial (first) functional constituency;

    9. the finance functional constituency;

    10. the financial services functional constituency;

    11. the import and export functional constituency;

    12. the insurance functional constituency.

  4. A Member is not eligible to be nominated as a candidate at a by-election.
38. Nomination lists for geographical constituencies

  1. In this section--- "nominee" (獲提名人) means a person whose name is included in a nomination list as a candidate.

  2. The nomination of candidates for election as Members for a geographical constituency is to be by a list submitted to the Returning Officer containing either---

    1. the names of 2 or more persons contesting the election for that geographical constituency as a group; or

    2. the name of a person contesting that election as a single candidate.

  3. A nomination list must---

    1. be submitted---

      1. on a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);

      2. by a nominee on the nomination list concerned;

      3. within the nomination period; and

      4. in the manner prescribed by those regulations; and

    2. be accompanied by the written consent, made on the nomination form, of each nominee on the nomination list; and

    3. contain any other particulars required by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

  4. If a nomination list contains the names of 2 or more persons, the names are to be ranked in the order of priority of the group for which the nomination list is submitted.

  5. The Returning Officer must determine, for each nominee whose name appears on the nomination list, whether or not the nominee is validly nominated.

  6. If---

    1. the Returning Officer determines that a nominee is not validly nominated; or

    2. a nominee's nomination is withdrawn; or

    3. a nominee dies, that Officer must strike out the name of that nominee from the nomination list and adjust the order of priority in which the names of nominees appear on that list accordingly.

  7. If, after striking out names from a nomination list in accordance with subsection (6), no name remains on the list, the Returning Officer must reject the list.

  8. After a nomination list has been submitted to a Returning Officer---

    1. the order in which names of nominees appear in the list cannot be altered;

    2. the names of other persons cannot be added to the list; and

    3. the names of persons already on the list cannot be deleted.

  9. If, after the close of nominations, the names of more nominees remain on a nomination list than the number of Members to be returned for the constituency concerned, the Returning Officer must, having regard to the order in which the nominees' names appear on the list, exclude from the list the names of the surplus nominees so that only a number of nominees equal to the number of Members to be returned for the constituency remain on the list.

  10. The nominees whose names remain on a nomination list after the Returning Officer has taken the action referred to in subsections (6) and (9) (as arranged in the order of priority indicated on the nomination list if there are 2 or more such remaining nominees) are taken as constituting a list of candidates for the purposes of section 49.

39. When person is disqualified from being nominated as a
candidate and from being elected as a Member

  1. A person is disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the person---

    1. is---

      1. a judicial officer; or

      2. a prescribed public officer; or

      3. an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission); or

    2. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either- --

      1. served the sentence or undergone such other punishment as a competent authority may have been substituted for the sentence; or

      2. received a free pardon; or

    3. has been convicted of treason; or

    4. on the date of nomination, or of the election, is serving a sentence of imprisonment; or

    5. without limiting paragraph (b), where the election is to be held or is held within 5 years from the date of the person's conviction, is or has been convicted---

      1. of any offence in Hong Kong or any other place in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or

      2. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

      3. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or

      4. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

      5. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

    6. is---

      1. ineligible to be a candidate, or to be elected as a Member, at the election; or

      2. disqualified from being a candidate, or from being elected as a Member, at the election,

      because of the operation of this or any other law; or

    7. is a representative or salaried functionary of a government of a place outside Hong Kong; or

    8. is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level; or

    9. is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full.

  2. A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.

  3. A person is also disqualified from being elected as a Member if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.

  4. A person is also disqualified from being elected as a Member for a functional constituency if, since the close of nominations, the person has ceased to have a substantial connection with the constituency.

  5. In this section---

    "judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap. 93);

    "prescribed public officer" (訂明的公職人員) means any of the following---

    1. the Chairman of the Public Service Commission;

    2. the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap. 204);

    3. The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap. 397);

    4. a member of the Electoral Affairs Commission;

    5. the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority;

    6. any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau.

40. What requirements are to be complied with by
persons nominated as candidates

  1. A person is not validly nominated as a candidate for an election for a constituency, or by the Election Committee, unless---

    1. a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), been lodged by or on behalf of the person with the Returning Officer concerned; and

    2. the nomination form includes or is accompanied by---

      1. a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region; and

      2. a declaration as to the person's nationality and as to whether or not the person has a right of abode in a country other than the People's Republic of China; and

      3. a promissory oath given by the person to the effect that, if elected, he or she will not do anything during his or her term of office that would result in his or her---

    1. becoming---

      1. a prescribed public officer within the meaning of section 39(5); or

      2. an officer of the Legislative Council (including the Provisional Legislative Council) or a member of staff of The Legislative Council Commission (including The Provisional Legislative Council Commission);

    2. being sentenced to death in Hong Kong or any other place;

    3. being convicted of treason;

    4. being convicted---

      1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

      2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or

      3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

      4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997);

    5. being disqualified from being elected as a Member at an election because of the operation of this or any other law;

    6. becoming a representative or salaried functionary of a government of a place outside Hong Kong;

    7. becoming a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national or local level;

    8. becoming a member of the armed forces of the Central People's Government or any other country or territory; or

    9. in the case of a Member elected for a functional constituency, ceasing to have a substantial connection with the constituency.

  2. The person must sign the declarations.

  3. The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.

41. Person not to be nominated for more than
one constituency

  1. A person is not eligible to be nominated---

    1. as a candidate for a constituency if the person is currently nominated either as a candidate for another constituency or as a candidate for election by the Election Committee; or

    2. as a candidate for election by the Election Committee if the person is currently nominated as a candidate for a constituency.

  2. The name of a person whose name is included in a nomination list for a geographical constituency is not, at the same election, eligible to be included in another list of candidates nominated for the constituency.

42. Withdrawal of candidate's nomination

  1. A candidate may withdraw the candidate's nomination for election at any time before the close of nominations for the election and not otherwise.

  2. The withdrawal of a candidate's nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of this section.

43. Candidates entitled to send letters to
electors free of postage

  1. Two letters, addressed to each elector for the geographical constituency for which a list of candidates is validly nominated, may be sent free of postage by or on behalf of the list of candidates.

  2. Two letters, addressed to each person who is an elector for the functional constituency for which a candidate is validly nominated may be sent free of postage by or on behalf of the candidate.

  3. Two letters, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for election by that Committee.

  4. Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by the regulations and by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

  5. The cost to the Postmaster General of enabling candidates or a list of candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue.

44. When general election can be postponed or adjourned

  1. The Chief Executive may, by order, direct the postponement of a general election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

  2. The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of a general election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

  3. The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.

  4. If a general election, or the polling or counting of votes at a general election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction.

45. When election proceedings are terminated

If, before declaring the result of an election, the Returning Officer concerned becomes aware that a validly nominated candidate has, after the close of nominations for an election but before the close of polling for the election, died or become disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare that the proceedings for the election are terminated.

46. What is to happen if insufficient candidates
are nominated

  1. If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no more candidates have been validly nominated than the number of Members to be returned for the constituency, or to be elected by the Election Committee, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare the candidate or candidates to be duly elected as a Member or as Members.

  2. If, after the close of nomination of candidates for election for a constituency or by the Election Committee, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency or by that Committee, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned.

47. How election is to be conducted

  1. At every contested election to return a Member for a constituency or for the Election Committee---

    1. a poll is to be taken of the electors of the constituency or of the members of that Committee; and

    2. the voting at the poll is to be by secret ballot.

  2. A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

  3. The Returning Officer appointed for a constituency or for the Election Committee is responsible for supervising an election for the constituency or by that Committee in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997).

48. Who is entitled to vote at an election

  1. A person is entitled to vote at an election to return a Member for a constituency only if the person is registered as an elector for the constituency.

  2. A person is entitled to vote at an election by the Election Committee only if the person is registered as a member of that Committee.

  3. A member of the Election Committee who is registered as an elector for a functional constituency is not entitled to vote at an election to return a Member for the constituency.

  4. An elector registered for a constituency is entitled to vote only once at an election to return a Member for a constituency, unless otherwise expressly provided by this Ordinance.

  5. A person registered as an elector for a constituency may not be prevented from voting at an election only because the person's name should not have been included in the final register prepared for the constituency.

  6. A member of the Election Committee may not be prevented from voting at an election by that Committee only because the member's name should not have been included in the final register prepared for that Committee.

  7. Subsections (5) and (6) do not---

    1. preclude the Court from making a determination under section 67; or

    2. affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned.

  8. A corporate elector may vote at an election only by its authorized representative.

49. System of voting and counting of votes:
geographical constituencies

  1. In this section---

    "list" (名單) means a list of candidates referred to in section 38(10); "specified number" (指明議席數目), in relation to a geographical constituency, means the number of Members to be returned for the constituency, as specified in an order made under section 19(2);

    "votes" (票) means valid votes.

  2. The election of Members for a geographical constituency is to be conducted in accordance with the voting system known as the list system of proportional representation.

  3. At an election for a geographical constituency, an elector is entitled to cast a single vote for a list (as shown on the ballot paper) and not for an individual candidate.

  4. The candidates to be returned as Members for a geographical constituency at a general election are to be determined as provided by this section. This section applies with any necessary modifications to by-elections for a geographical constituency.

  5. Subject to this section, for every quota of votes cast for a list, a candidate whose name appears on the list is to be returned as a Member for the relevant geographical constituency.

  6. For the purposes of subsection (5), a quota is to be calculated as follows---

V
Q=---
N

where---
Qrepresents the quota (with any part of the number resulting from the calculation that is a fraction to be disregarded);

Vrepresents the total number of votes cast at the election for all of the lists;

Nrepresents the specified number for the constituency concerned.

  1. If, after all of the votes are counted---

    1. the number of Members that can be returned by virtue of subsection (5) is less than the specified number; or

    2. none of the specified number of Members can be returned by applying the quota,

    the number of Members remaining to be returned, or the specified number of Members to be returned, for the constituency is to be determined by applying the largest remainder formula as provided by subsection (8).

  2. Subject to subsections (9) and (11), the largest remainder formula is to be applied as follows---

    1. the list with the largest remaining number of votes is determined from among the lists that have any remaining votes (that is, lists, if any, for which more votes were cast than is necessary to obtain a quota and from which the quota, or a multiple of the quota if more than one is obtained, has been deducted), and lists for which fewer votes were cast than is necessary to obtain a quota;

    2. a candidate is returnable for the list that has the largest remaining number of votes as determined under paragraph (a);

    3. if the specified number of Members is not returned in accordance with subsection (5) and paragraph (b), the process is to be continued with the remaining votes as provided by paragraphs (a) and (b) until the specified number of Members is returned for the constituency.

  3. If the number of votes cast for a list is such that, after the candidate, or all of the candidates, on that list are elected as provided by subsection (5), votes remain that would entitle a further candidate or further candidates to be returned in respect of the list---

    1. the candidate whose name appears, or the candidates whose names appear, on the list are to be returned as Members;

      and

    2. the list is taken to have no votes remaining.

  4. After the candidate or candidates are determined as being returned as provided by subsection (9)(a), in order to return the remaining number of Members, the list having the largest remaining number of votes, and if necessary, the next largest, is determined for the purposes of subsection (8) and the process is to continue until the specified number of Members is returned for the constituency.

  5. If, at any stage in determining the Members to be returned, it is found (after a re-count, where a re-count takes place) that---

    1. 2 or more lists have the largest number of remaining votes; and

    2. the number of those lists exceeds the number of Members remaining to be returned at that stage,

    the Returning Officer must determine by the drawing of lots, the list or lists from which the Member is, or the Members are, to be returned.

  6. When, in accordance with this section, 2 or more candidates are to be returned in respect of a list, which of the candidates are to be returned as Members is to be determined according to the order of priority in which their names appear on the list, beginning with the first (at the top of the list) and then proceeding in descending order.

  7. As soon as practicable after determining the result of an election for a geographical constituency, the Returning Officer must publicly declare as elected the candidates who were successful at the election.
50. System of voting and counting of votes :
functional constituencies specified in
Parts 1 and 2 of Schedule 1

  1. This section applies to elections for functional constituencies specified in Parts 1 and 2 of Schedule 1.

  2. Voting and counting of votes at a poll for the return of a Member for a functional constituency to which this section applies is to be conducted in accordance with the preferential elimination system of voting.

  3. An elector entitled to vote at an election to return a Member for a functional constituency to which this section applies is entitled to cast a single vote. That vote is transferable amongst the candidates nominated for election, with the elector marking the elector's preference or preferences for those candidates on the ballot paper against one or more of those candidates in descending order.

  4. In order to be elected, a candidate must obtain an absolute majority of the votes.

  5. If no candidate obtains an absolute majority of the votes at a particular stage of the counting of votes---

    1. the candidate with the least number of votes, or the candidates with the least number of votes if 2 or more such candidates have an equal number of votes, is to be eliminated at that stage; and

    2. that candidate's votes, or those candidates' votes, are to be transferred to the candidates then remaining in accordance with the next available preferences marked on the ballot papers.

    This process is to continue until one candidate obtains an absolute majority over the other candidate or candidates then remaining.

  6. If, after the final stage of counting of votes at an election for a functional constituency to which this section applies, the remaining candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.

  7. As soon as practicable after determining the result of an election for a functional constituency to which this section applies, the Returning Officer must publicly declare as elected the candidate who was successful at the election.

51. System of voting and counting of votes:
functional constituencies specified in
Part 3 of Schedule 1

  1. This section applies to elections for functional constituencies specified in Part 3 of Schedule 1.

  2. Voting and counting of votes at a poll for the return of a Member or Members for a functional constituency to which this section applies is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby an elector may vote for as many candidates as there are vacancies and no more.

  3. If the election is for a single-member functional constituency that is contested by 2 or more candidates, the candidate to be returned as a Member is the candidate who obtains the greater or greatest number of votes.

  4. If the election is for a triple-member functional constituency that is contested by 4 or more candidates at a general election, the candidates to be returned as Members are the 3 candidates who obtain the greatest and next 2 greatest numbers of votes.

  5. Subsection (4) applies with any necessary modifications to a by-election to return fewer than 3 Members for a triple-member constituency.

  6. If, after the counting is finished at an election for a functional constituency to which this section applies, a Member or Members is still to be returned for the constituency and the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.

  7. As soon as practicable after determining the result of an election for a functional constituency to which this section applies, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.

52. System of voting and counting of votes:
Election Committee

  1. Voting and counting of votes at a poll for the return of a Member by the Election Committee is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby an elector may vote for as many candidates as there are vacancies and no more.

    1. At the first general election a member of the Election Committee is entitled to cast 10 votes for candidates nominated for election by that Committee. At a by-election during the first term of office of the Legislative Council to fill a vacancy among the Members returned by the Election Committee, a member of that Committee is entitled to cast the same number of votes as the number of Members to be returned at the by-election.

    2. In order for his votes to be valid at the first general election or by-election during the first term of office of the Legislative Council, a member of the Election Committee must cast all the votes under his entitlement in paragraph (a).

  2. The candidates to be returned as Members by the Election Committee at the first general election are the 10 candidates who obtain the greatest and next 9 greatest numbers of votes.

  3. Subsection (3) applies with any necessary modifications to a by-election to be held by the Election Committee to return Members to fill vacancies among the Members to be elected by that Committee.

  4. If, after the counting is finished at an election by the Election Committee, a Member or Members is still to be returned and the most successful candidates remaining have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.

  5. As soon as practicable after determining the result of an election by the Election Committee, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.

53. When an elector is disqualified
from voting at an election

  1. A person registered as an elector is disqualified from voting at an election if the person---

    1. in the case of a geographical constituency, has ceased to be eligible to be registered as an elector for such a constituency; or

    2. in the case of a functional constituency, has ceased to be a person specified in Schedule 1.

  2. A member of the Election Committee (other than an ex-officio member) is disqualified from voting at an election if the member---

    1. has ceased to be eligible to be registered as an elector for a geographical constituency; or

    2. ceases to have a substantial connection with the relevant subsector.

  3. An ex-officio member of the Election Committee is disqualified from voting at an election if the member---

    1. has ceased to be eligible to be registered as an elector for a geographical constituency; or

    2. is not registered or has ceased to be registered as an elector for a geographical constituency.

  4. A person is disqualified from voting at an election as the authorized representative of a corporate elector if the person---

    1. is no longer eligible to be the authorized representative of the elector; or

    2. is not registered as such a representative by the Electoral Registration Officer.

  5. An elector (including a member of the Election Committee) is also disqualified from voting at an election if the elector---

    1. has, in Hong Kong or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---

      1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

      2. received a free pardon; or

    2. on the date of the election, is serving a sentence of imprisonment; or

    3. without limiting paragraph (a), where the election is to be held or is held within 3 years from the date of the elector's conviction, is or has been convicted---

      1. of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

      2. of a corrupt or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices; or

      3. of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

      4. of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

    4. is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or

    5. is a member of the armed forces of the Central People's Government or any other country or territory.

  6. Subsection (5) applies to the authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person.