RULES OF PROCEDURE OF

THE PROVISIONAL LEGISLATIVE COUNCIL OF
THE HONG KONG
SPECIAL ADMINISTRATIVE REGION


MADE BY THE PROVISIONAL LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ON 12 APRIL 1997.

PART J

VOTING


46. Decision of Questions

   (1) Except as otherwise provided in Articles 49, 52(2), 73(9), 79(6) and (7) and 159 of the Basic Law, all questions put to the Council or a committee of the whole Council shall be decided by a majority of the votes of the Members present and voting.

   (2) The President or Chairman shall, if the votes be equally divided, have a casting vote in addition to his original vote.

47. Collection of Voices

   (1) When the President or Chairman puts a question to the Council or to the committee of the whole Council for its decision he shall first call upon those Members who are in favour of the question to say "Aye" and then upon those who are against the question to say "No".

   (2) As soon as the President or Chairman has collected the voices of the Ayes and of the Noes, the question being then fully put no other Member may speak to it.

   (3) The President or Chairman may, according to his judgment of the number of voices on either side, then state that he thinks the Ayes have it or that he thinks the Noes have it, as the case may be; and if no Member challenges his statement as provided in the next succeeding subrule he shall declare the question to have been so decided.

   (4) If a Member challenges the statement of the President or Chairman that he thinks the Ayes or the Noes have it by claiming a division, then the President or Chairman shall order the Council or the committee, as the case may be, to proceed to a division; and, subject to Rule 49 (3) to (6) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for three minutes.

48. Use of Electronic Voting System

   Unless the President or Chairman otherwise directs, where an electronic system of voting is provided in the Council or a committee of the whole Council for the purposes of a division, the Members present and voting shall cast their votes in the division by using such electronic system in accordance with the operating requirements of the system, and the President or Chairman shall declare the result of the division accordingly.

49. Divisions

   (1) Subject to Rule 48 (Use of Electronic Voting System), when a division has been ordered, the votes shall be taken by the Clerk. The President or Chairman shall first call upon those Members who are in favour of the question to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of the Members in favour of the question. The President or Chairman shall then call upon those Members who are against the question to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of Members against the question. The President or Chairman shall then call upon those Members who abstain from voting to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of Members abstaining from voting on the question. If no Member raises any queries, the President or Chairman shall declare the result of the division.

   (2) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, if his statement is made before the President or Chairman has declared the result of the division.

   (3) Immediately after the President has declared the result of a division on an amendment to a motion, or the Chairman has declared the result of a division on an amendment to a bill, a Member may move without notice that in the event of further divisions being claimed in respect of the motion or any amendments thereto, or in respect of any amendments to the bill, the Council or the committee of the whole Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President or the Chairman shall propose the question on that motion.

   (4) When a motion under subrule (3) has been agreed to the President or the Chairman shall order accordingly in respect of each of such further divisions, if any.

   (5) Where there is more than one motion in respect of subsidiary legislation on the Agenda of the Council (excluding motions referred to in Rule 29(3) (Notice of Motions and Amendments)) then, immediately after the President has declared the result of the first division on any such motion or any amendment thereto, a Member may move without notice that in the event of further divisions being claimed at that meeting in respect of motions on subsidiary legislation, or amendments thereto, the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President shall propose the question on that motion.

   (6) When a motion under subrule (5) has been agreed to the President shall order accordingly in respect of each of such further divisions, if any.