Procedure for the Election of the President of the Legislative Council
Procedure for the
Election of the President of the Legislative Council
The Clerk shall be responsible for conducting the election of the President of the Council.
Not less than 7 clear days before the day of the election, the Clerk to the Council shall invite Members to make nominations for the office of President and distribute the nomination forms as provided in Annex I.
A nomination form for the office of President shall be signed by a Member making the nomination and by at least three other Members seconding the nomination. The Member being nominated shall sign on the form to indicate acceptance of the nomination and to declare that he or she is qualified to become the President under Article 71 of the Basic Law and Rule 4(2) (Election of President). The completed nomination form shall reach the Clerk's office at least 4 clear days before the day of the election.
The name of a Member shall not appear on more than one nomination form, whether in the capacity as a Member being nominated, or as a Member making the nomination, or as a Member seconding the nomination. In the event that a Member's name appears on more than one nomination form (whether in the capacity as a Member being nominated or as a Member making the nomination, or as a Member seconding the nomination), only the first such nomination form received by the Clerk's office shall be valid and the Clerk shall immediately return any invalid form to the Member who made the nomination.
Upon the close of the nomination period, the Clerk shall prepare a list of all the nominations in the order of receipt by his office and shall distribute the list to all the Members of the Council at least 2 clear days before the day of the election.
The Clerk shall be present at the election of the President and shall provide administrative support and services for Members to elect the President.
Upon the Clerk having confirmed that Members are ready, the election of the President shall commence. The Clerk shall announce all the valid nominations that the Clerk's office has received.
If there is only one valid nomination for the office of President, the Clerk shall announce this and declare the candidate elected.
If there are two or more valid nominations, the Clerk shall announce that a vote by secret ballot will commence and shall distribute to each of the Members present a ballot paper which shall be in accordance with the form in Annex II. The names of all the candidates shall be listed in the ballot paper according to the order of receipt of their nominations by the Clerk's office.
A Member present who wishes to vote shall mark a "✓" only in the box opposite the name of the candidate of his choice on the ballot paper, and place the ballot paper into the ballot box. Any ballot paper not marked, not properly marked or marked with more than a "✓" shall be discarded.
After all the Members present who wish to vote have cast their votes, the Clerk shall count the ballot papers in front of all the Members present.
The Clerk shall declare elected as the President the candidate who receives the highest number of votes among all the candidates and then conclude the election.
If two or more candidates receive the same highest number of votes, the Clerk shall arrange a second round of voting in respect of these candidates, to be conducted in the same manner as provided in paragraphs 9 to 12 above.
If no one candidate obtains more votes than any other candidate in the second round of voting, the Clerk shall announce that lots will be drawn by him to decide which of the candidates should be the President and then conclude the election.
The Clerk shall then draw lots and, in accordance with the result of the drawing of the lots, forthwith declare that candidate elected as the President and then conclude the election.
(L.N. 107 of 1999; L.N. 42 of 2014; L.N. 187 of 2017)