PART J
VOTING

46.Decision on Motions

(1)Except as otherwise provided in Rules 49B (Disqualification of Member from Office) and 66 (Bills Returned for Reconsideration) and Articles 52(2), 73(9) (in respect of a motion of impeachment) and 159 of and Annex I and Annex II to the Basic Law, the passage of all motions before the Council or a committee of the whole Council shall, subject to subrule (2), require a majority vote of the Members present.
(L.N. 311 of 1998; L.N. 107 of 1999; L.N. 235 of 2005)

(2)The passage of a motion (other than a motion moved under any of the excepted Rules or Articles of the Basic Law referred to in subrule (1)) or bill introduced by a Member, or an amendment introduced by a Member to any motion or bill, shall require a majority vote of each of the following two groups of Members present -
(L.N. 311 of 1998)

(a)Members returned by functional constituencies (Group I); and

(b)Members returned by geographical constituencies through direct elections (Group II).
(L.N. 161 of 2004)

(3)Any motion not passed shall be deemed to be decided in the negative. (L.N. 311 of 1998)

(4)There is a majority vote when the Members voting in favour of a question exceed half of the number of Members present at the time of voting. (L.N. 107 of 1999)

47.Decision of Council and Committee of the Whole Council

(1)Except where subrule (2) applies, when the President or Chairman puts a question to the Council or to the committee of the whole Council for its decision -

(a)the President or Chairman shall first call upon those Members who are in favour of the question to raise their hands, and shall then call upon those who are against the question to raise their hands;

(b)the President or Chairman shall then, according to his judgment, state whether or not he thinks the required majority of the Members present are in favour of the question and, subject to any challenges to his statement being dealt with under paragraph (c) below, he shall declare the question to have been so decided; (L.N. 311 of 1998)

(c)if a Member challenges the statement of the President or Chairman 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(4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for five minutes. (L.N. 23 of 2017)

(2)Other than in relation to a motion moved under Rule 49B (Disqualification of Member from Office) or 66 (Bills Returned for Reconsideration) or Article 52(2), 73(9) (in respect of a motion of impeachment) or 159 of the Basic Law, when the President or Chairman puts a question to the Council or to a committee of the whole Council for its decision in relation to a motion or bill introduced by a Member, or an amendment introduced by a Member to any motion or bill -
(L.N. 311 of 1998; L.N. 107 of 1999)

(a)the President or Chairman shall first call upon Members who are in favour of the question to raise their hands, and shall then call upon those who are against the question to raise their hands;

(b)the President or Chairman shall then, according to his judgment, state whether or not he thinks that a majority of each of the two groups of Members present, referred to in Rule 46(2) (Decision on Motions), are in favour of the question; subject to any challenge to his statement being dealt with under paragraph (c), he shall declare the question to have been so decided; (L.N. 311 of 1998)

(c)if a Member challenges the statement of the President or Chairman by claiming a division, then the President or Chairman shall order Members to proceed to a division; and, subject to Rule 49(4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for five minutes. (L.N. 23 of 2017)

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 then declare the result of the division.

49.Divisions

(1)Subject to Rule 48 (Use of Electronic Voting System), when a division has been ordered, the votes shall be recorded 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 abstentions in a seating plan, the President or Chairman shall read out the names and the number of Members abstaining from voting on the question. The Clerk shall record also in a seating plan the names of all other Members who are present, and the President or Chairman shall read out their names and number accordingly. If no Member raises any queries, the President or Chairman shall declare the result of the division. (L.N. 107 of 1999)

(2)Subject to Rule 48 (Use of Electronic Voting System), where a division has been ordered in relation to a question on a motion or bill introduced by a Member, or on an amendment introduced by a Member to any motion or bill, the procedure in subrule (1) shall be followed except that the President or Chairman shall read out the names and the number of Members in each of the two groups referred to in Rule 46(2) (Decision on Motions) who are in favour of the question, who are against the question, who abstain from voting, and any other Members who are present. (L.N. 107 of 1999)

(3)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.

(4)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 any provision of or any 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 provisions of or 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 put the question on that motion without debate. (L.N. 95 of 2010; L.N. 187 of 2017)

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

(6)Where there is more than one motion in respect of subsidiary legislation or the instrument referred to in Rule 29(2)(b) (Notice of Motions and Amendments) on the Agenda of the Council (excluding motions referred to in Rule 29(3)) then, immediately after the President has declared the result of a 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 the instrument, 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 put the question on that motion without debate.
(L.N. 129 of 2009; L.N. 95 of 2010; L.N. 187 of 2017)

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

(8)If the division bell does not function, the President or Chairman shall order the Clerk to arrange for Members within the precincts of the Chamber to be notified of the division. The division shall be held 10 minutes after the order has been made.
(L.N. 107 of 1999, L.N. 23 of 2017)