Cap. 542 《立法會條例》Legislative Council Ordinance

In this Ordinance, unless the context otherwise requires—

For the purposes of this Ordinance—

(Repealed 14 of 2021 s. 269)

Results of a general election that are declared on different dates are, for the purposes of this Ordinance, taken to have been declared on the later or latest of those dates. (Amended 21 of 2001 s. 62)

A note located in the text of this Ordinance is provided for information only and has no legislative effect.

For the purposes of this Ordinance—

In subsection (1), the reference to the constitution of a body is a reference to the constitution either—

For the purposes of subsection (1)(b)—

To avoid doubt, nothing in subsection (2) is to be construed as—

for a purpose other than to define the composition of the relevant functional constituency.

In this section—

In this section—

If—

that section has effect in relation to the act as if it requires the Officer to do the act not later than the next working day, which is not an inclement weather warning day, following the date.

The term of office of the Legislative Council is as prescribed by Chapter IV of the Basic Law.

(Repealed 48 of 1999 s. 3)

Subject to subsection (4), each term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council. The Chief Executive in Council must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 3)

If the Legislative Council is dissolved by the Chief Executive in accordance with the Basic Law during its term of office, the new term of office of the Legislative Council is to begin on a date to be specified by the Chief Executive in Council by notice published in the Gazette and each subsequent term of office of that Council is to begin on a date to be so specified.

A date referred to in subsections (3) and (4) must be within 30 days after the date on which the results of the general election to elect the Members for the relevant term of office are declared.

The Legislative Council is, if not dissolved earlier by the Chief Executive in accordance with the Basic Law, dissolved immediately after its term of office ends.

The Chief Executive must specify a date for holding a general election to elect the Members for each term of office of the Legislative Council. The Chief Executive must give notice of that date in the Gazette. (Replaced 48 of 1999 s. 5)

The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the Legislative Council is to begin.

To enable such a general election to be held, the Chief Executive may, before the end of a term of office of the Legislative Council, prorogue that Council to terminate its operation.

If the Legislative Council is to be prorogued under subsection (3), the Chief Executive must specify the date from which that Council stands prorogued. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 5)

Within 30 days after the Legislative Council is dissolved in accordance with the Basic Law, the Chief Executive must specify a date for holding a general election. The Chief Executive must give notice of that date in the Gazette. (Amended 48 of 1999 s. 6)

The date specified for the purposes of subsection (1) must be within 3 months after the date on which the Legislative Council was dissolved.

Subject to this Part, the Chief Executive may specify different dates for holding a general election to return each of the following classes of Members— (Amended 25 of 2003 s. 3; 14 of 2021 s. 272)

The dates specified under subsection (1) must not be more than 7 days apart. (Added 14 of 2021 s. 272)

The Chief Executive must convene at least one ordinary session of the Legislative Council in each calendar year. (Amended 48 of 1999 s. 7)

The Chief Executive must publish in the Gazette the dates on which an ordinary session of the Legislative Council is to begin and end.

An ordinary session begun in one calendar year may be continued in the next calendar year.

The consideration of any bill or other business of the Legislative Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Legislative Council.

The Chief Executive must specify a date and time for holding the first meeting of each term of office of the Legislative Council. The Chief Executive must give notice of that date and time in the Gazette. (Replaced 48 of 1999 s. 8)

The date and time specified in the notice must be within 14 days after the relevant term of office of the Legislative Council begins. (Amended 48 of 1999 s. 8)

(Repealed 48 of 1999 s. 8)

The President must, at the request of the Chief Executive, convene an emergency session of the Legislative Council during the period after the end of the term of office or the dissolution of the Legislative Council but, before the date (if more than one, the first date), specified for the holding of a general election for all the Members of the Legislative Council.

For and only for the purpose of subsection (1), the persons holding office as Members of the Legislative Council during the term of office of the Legislative Council which immediately precedes the beginning of the emergency session shall be deemed to be Members of the Legislative Council.

Subject to sections 13 and 15, a person returned as a Member at a general election holds office from the beginning of the term of office of the Legislative Council next following the election and vacates office at the end of the term.

Subject to sections 13 and 15, a person who is declared to be returned as a Member at a by-election holds office from the date on which the result of the by-election was declared and vacates office at the end of the term of office of the Legislative Council during which the by-election was held.

A person who is elected as a Member is to be regarded as having accepted office as such unless the person gives written notice to the Clerk to the Legislative Council of non-acceptance of office within 7 days after the date on which notification of the person’s election is published in the Gazette.

A notice of non-acceptance is not effective unless it is signed by the person concerned.

A notice of non-acceptance takes effect on the date on which the notice is received by the Clerk to the Legislative Council and the person giving the notice is taken to have resigned from office as a Member from that date.

If a person gives notice in accordance with this section, the Clerk to the Legislative Council must, within 21 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a Member. (Amended 48 of 1999 s. 9)

A Member may, at any time, resign from office as a Member by giving written notice of resignation to the Clerk to the Legislative Council.

A notice of resignation is not effective unless it is signed by the Member concerned.

A notice of resignation takes effect—

A Member’s office becomes vacant if the Member—

Paragraph (g) of subsection (1) applies to a declaration or decision made after the person is elected as a Member, whether or not it is made before, on or after the date on which that paragraph comes into operation. (Added 13 of 2021 s. 17)

A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap. 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Added 25 of 2003 s. 4)

Subsection (1)(c) does not apply to a Member elected at an election for a functional constituency specified in section 37(3) unless the Member has declared under section 40(1)(b)(ii) that he or she has Chinese nationality or has no right of abode in a country other than the People’s Republic of China and subsequently he or she—

For the purposes of subsection (1)(e), the kind of misbehaviour for which a Member may be censured under Article 79(7) of the Basic Law includes (but is not limited to) a breach of an oath given under section 40(1)(b)(iii).

The power of the Legislative Council to transact business is not affected by—

The validity of the proceedings of the Legislative Council is not affected by—

For the purposes of this section, a vacancy in the membership of the Legislative Council includes a vacancy in its membership when it first meets after a general election.

Subject to this Part, a person is eligible to be registered as an elector for a geographical constituency only if the person—

A person is not, by virtue of being registered as an elector in an existing final register of geographical constituencies, entitled to be included as an elector in any subsequent register of geographical constituencies if the Electoral Registration Officer is satisfied on reasonable grounds that the person—

Subsection (2)(b) does not apply to a person who—

Subject to this Part, a person is eligible to be registered as an elector for a functional constituency only if the person—

A person who, but for this subsection, would be eligible to be registered in 2 or more functional constituencies may be registered in only one of those constituencies of that person’s choice.

(Repealed 14 of 2021 s. 301)

Despite subsection (2)—

A body specified in section 20C, 20L, 20T, 20U(1)(a) or 20ZA is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been operating as such a body for the 3 years immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 5 of 2002 s. 407; 25 of 2003 s. 16; 10 of 2006 s. 29; 14 of 2021 s. 301)

A body that is a corporate member of a body specified in section 20B(a), 20N, 20O, 20P, 20Q, 20QA, 20R, 20S, 20U(1)(c), 20V(a) or (c), 20W, 20X(a) or (b) or 20Y is eligible to be registered as a corporate elector for the relevant functional constituency only if it has been a corporate member of the second-mentioned body and has been operating for the 3 years immediately before making its application for registration as an elector. (Amended 12 of 2000 s. 23; 15 of 2000 s. 3; 25 of 2003 s. 16; 14 of 2021 s. 301)

(Repealed 14 of 2021 s. 301)

In computing the period for which a body to which subsection (4) or (5) applies has been operating—

For the purposes of the provisional and final registers of functional constituencies to be compiled for 2021, subsection (4) or (5) (as the case may be) applies to a body registered in the final register of functional constituencies published for 2020 as if the reference to “making its application for registration as an elector” in that subsection were a reference to “5 July 2021”. (Added 14 of 2021 s. 301)

A corporate elector is required to appoint one eligible person to be its authorized representative for the purposes of casting its vote at an election. (Amended 14 of 2021 s. 302)

A person is eligible to be an authorized representative of a corporate elector for a functional constituency only if the person—

A person who is an authorized representative of a corporate elector is not eligible to be appointed as the authorized representative of another corporate elector. (Amended 14 of 2021 s. 302)

A person cannot act as an authorized representative of a corporate elector unless the person is registered as such a representative by the Electoral Registration Officer.

A corporate elector may from time to time replace its authorized representative, but only in the circumstances and manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). The replacement does not have effect until it is registered by the Electoral Registration Officer.

An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) by the corporate elector concerned. The application must be in writing and be in the specified form.

The Electoral Registration Officer may refuse an application made under subsection (6) only on the ground that the authorized representative specified in the application is ineligible to be, or disqualified from being, such a representative.

A decision to appoint or replace an authorized representative of a corporate elector under subsection (1) or (5) may only be made by the governing authority, by whatever name called, of the corporate elector. (Added 14 of 2021 s. 302)

A natural person is not eligible to be registered as an elector in the register of geographical constituencies unless, at the time of applying for registration, the person satisfies the Electoral Registration Officer—

If—

the prescribed address, as defined in subsection (1B), is deemed to be the person’s only or principal residence in Hong Kong for the purposes of subsection (1). (Added 7 of 2009 s. 6)

The Electoral Registration Officer may omit from the final register of geographical constituencies the name of an elector if satisfied on reasonable grounds—

If—

the residential address of the elector last notified to the Electoral Registration Officer is deemed to continue to be the elector’s only or principal residence in Hong Kong for the purposes of subsection (2). (Added 7 of 2009 s. 6)

In this section, a reference to a person’s only or principal residence in Hong Kong is a reference to a dwelling-place in Hong Kong at which the person resides and which constitutes the person’s sole or main home.

A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless—

Despite subsection (1)(b), if a person’s eighteenth birthday falls on or before 25 September 2021 but after 25 July 2021, the person is not eligible to be registered as an elector for a geographical constituency or functional constituency until the person has reached 18 years of age.

A natural person is not eligible to be registered as an elector for a geographical constituency or functional constituency unless, at the time of applying to be registered, the person satisfies the Electoral Registration Officer that the person— (Amended 14 of 2021 s. 305)

and informs that Officer of the document’s identifying number (if any).

This section has effect even though a person would otherwise be eligible to be registered as an elector for a geographical constituency or functional constituency. (Amended 14 of 2021 s. 305)

A natural person is disqualified from being registered as an elector for a geographical constituency or functional constituency if the person— (Amended 14 of 2021 s. 306)

Subsection (1) applies to an authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person. (Amended 2 of 2011 s. 14)

A consular post to which any privilege or immunity is accorded under the Consular Relations Ordinance (Cap. 557) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)

An organization to which section 2 of the International Organizations and Diplomatic Privileges Ordinance (Cap. 190) applies or an international organization defined in section 2 of the International Organizations (Privileges and Immunities) Ordinance (Cap. 558) is disqualified from being registered as a corporate elector. (Added 2 of 2011 s. 14)

A body which is a department or an agency of a government of a place outside the People’s Republic of China, whether at national, regional or municipal level, is disqualified from being registered as a corporate elector. (Added 11 of 2012 s. 34)

For the purposes of subsection (5), a body is not regarded as a department or an agency of a government of a place unless—

The Electoral Registration Officer must—

Despite subsection (1)—

(Repealed 21 of 2001 s. 64)

The Electoral Registration Officer may amend a provisional or final register so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register.

In compiling a provisional register, the Electoral Registration Officer must—

As soon as practicable after complying with subsection (4), the Electoral Registration Officer must publish a notice to the effect that the names and other relevant particulars of the following persons have been entered on an omissions list— (Amended 12 of 2014 s. 36)

Despite subsections (4) and (5), in compiling the provisional register of functional constituencies for 2021, the Electoral Registration Officer is not required to comply with those subsections in relation to the names and other relevant particulars of persons registered in the final register of functional constituencies published in 2020 as electors of the following functional constituencies—

The notice—

The Electoral Registration Officer must, for the period prescribed for the purposes of this subsection by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—

A final register takes effect on the date of its publication and continues to have effect until the publication of the next final register. (Amended 48 of 1999 s. 19; 21 of 2001 s. 65)

(Repealed 21 of 2001 s. 65)

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.

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

A Revising Officer may determine an appeal without a hearing on the basis of written submissions only. (Added 1 of 2019 s. 7)

Subsections (3) and (4) apply if a hearing is held for an appeal. (Added 1 of 2019 s. 7)

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

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.

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.

(Repealed 48 of 1999 s. 20)

The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), arrange for a by-election to be held in the following circumstances and not otherwise—

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

A person is eligible to be nominated as a candidate at an election for a geographical constituency only if the person— (Amended 25 of 2003 s. 20)

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

The following 12 functional constituencies are specified for the purposes of subsection (2)—

A person is eligible to be nominated as a candidate at an election for the Election Committee constituency only if the person—

A Member is not eligible to be nominated as a candidate at a by-election.

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

A person is also disqualified from being nominated as a candidate at an election, and from being elected as a Member, if the election is held or is to be held within 5 years after—

A person is also disqualified from being nominated as a candidate at an election if the person has been found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and 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 has become capable of managing and administering his or her property and affairs. (Replaced 25 of 2003 s. 22)

A person is also disqualified from being nominated as a candidate at a by-election if—

A person is also disqualified from being elected as a Member if the person has been found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs. (Replaced 25 of 2003 s. 22)

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. (Amended 2 of 2011 s. 17; 14 of 2021 s. 311)

In this section—

A person is not validly nominated as a candidate for an election for a constituency unless— (Amended 25 of 2003 s. 23)

The person must sign the declarations.

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

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

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 (Cap. 541) for the purposes of this section.

The Candidate Eligibility Review Committee must, as soon as practicable after a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) is submitted in accordance with those regulations, decide in accordance with Annex II to the Basic Law and those regulations whether or not the person to whom the form relates is validly nominated as a candidate. (Replaced 14 of 2021 s. 314)

The Candidate Eligibility Review Committee must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publish a notice stating which persons are validly nominated as candidates. (Amended 14 of 2021 s. 314)

If, after the Candidate Eligibility Review Committee has made a decision under section 42A(1) that a candidate is validly nominated for election for a constituency, but before the date of the election, proof is given to the satisfaction of the Returning Officer that the candidate has died, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), give notice of the death of the candidate. (Amended 2 of 2011 s. 20; 14 of 2021 s. 315)

If a notice under section 42A(2) has been published, the Returning Officer must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)—

Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.

If, after the Candidate Eligibility Review Committee has made a decision under section 42A(1) that a candidate is validly nominated for election for a constituency, but before the date of the election, proof is given to the satisfaction of the Candidate Eligibility Review Committee that the candidate is disqualified from being nominated as a candidate—

If a notice under section 42A(2) has been published, the Candidate Eligibility Review Committee must also, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541)— (Amended 14 of 2021 s. 315)

Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 46(1) that the candidate was duly elected as a Member.

One letter, addressed to each elector for the geographical constituency for which a candidate is validly nominated, may be sent free of postage by or on behalf of the candidate. (Amended 2 of 2011 s. 22; 14 of 2021 s. 317)

One letter, addressed to each 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. (Amended 2 of 2011 s. 22; 14 of 2021 s. 317)

(Repealed 25 of 2003 s. 27)

One letter, addressed to each member of the Election Committee, may be sent free of postage by or on behalf of each candidate validly nominated for the Election Committee constituency. (Added 14 of 2021 s. 317)

The 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 (Cap. 541).

A letter sent under subsection (1) by or on behalf of a candidate who is validly nominated for a geographical constituency may contain information on another candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)

A letter sent under subsection (2) by or on behalf of a candidate who is validly nominated for the labour functional constituency may contain information on any other candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)

A letter sent under subsection (3A) by or on behalf of a candidate who is validly nominated for the Election Committee constituency may contain information on any other candidate who is also validly nominated for that constituency. (Replaced 14 of 2021 s. 317)

A letter which contains information on any candidate under subsection (4A), (4B) or (4C) is not to be regarded, for the purposes of subsections (1), (2) and (3A), as being sent by or on behalf of that candidate. (Added 18 of 2011 s. 34. Amended 14 of 2021 s. 317)

The cost to the Postmaster General of enabling candidates to exercise their entitlements under this section is a charge on, and is to be met from, the general revenue. (Amended 14 of 2021 s. 317)

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 danger to public health or safety.

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 danger to public health or safety.

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

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 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. The Chief Executive must give notice of that date in the Gazette. That date must not be later than 14 days after the date on which the election, poll or count would have taken place but for the direction. (Amended 48 of 1999 s. 28)

If, after the close of nomination of candidates for election for a constituency, no more candidates have been validly nominated than the number of Members to be returned for the constituency, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members.

If, after the close of nomination of candidates for election for a constituency, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency, 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.

Subsections (2) and (3) apply if, on the date of an election but before declaring the result of the election—

In the circumstances mentioned in subsection (1)(a) or (b)—

If, after the counting of votes is finished, the candidate referred to in subsection (1) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the election— (Amended 14 of 2021 s. 318)

(Repealed 14 of 2021 s. 318)

At every contested election to return a Member for a constituency— (Amended 25 of 2003 s. 30)

A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

The Returning Officer appointed for a constituency is responsible for supervising an election for the constituency in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541).

A person is entitled to vote at an election for a geographical constituency or functional constituency only if the person is registered as an elector for the constituency. (Amended 14 of 2021 s. 319)

(Repealed 25 of 2003 s. 31)

(Repealed 25 of 2003 s. 31)

A person is entitled to vote at an election for the Election Committee constituency only if the person is a member of the Election Committee. (Added 14 of 2021 s. 319)

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.

A person registered as an elector for a geographical constituency or functional constituency may not be prevented from voting at an election for the constituency only because the person’s name should not have been included in the final register prepared for the constituency. (Amended 14 of 2021 s. 319)

(Repealed 25 of 2003 s. 31)

Subsection (5) does not— (Amended 25 of 2003 s. 31)

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

Despite sections 32 and 33, only electors whose names are included in the final register of functional constituencies published for 2011 under section 32 are entitled to vote at a by-election held between the date of the publication and 31 May 2012 to return a Member for any functional constituency. (Added 2 of 2011 s. 24)

Voting and counting of votes at a poll for the return of Members for a geographical constituency 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 1 candidate.

The candidates to be returned as Members for a geographical constituency at a general election are the 2 candidates who obtain the greatest and next greatest numbers of votes.

Subsection (2) applies with any necessary modifications to a by-election to fill vacancies among the Members to be returned for a geographical constituency.

If, after the counting is finished at an election for a geographical constituency, 1 or 2 Members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—

Subject to subsection (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 candidate or candidates who were successful at the election.

Subsection (7) applies if, before declaring the result of an election for a geographical constituency—

In the circumstances mentioned in subsection (6)(a) or (b), the Returning Officer—

(Repealed 14 of 2021 s. 322)

Voting and counting of votes at a poll for the return of a Member or Members for a functional constituency 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. (Amended 14 of 2021 s. 322)

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.

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.

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

If, after the counting is finished at an election for a functional constituency, 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. The candidate or candidates on whom the lot falls is or are to be returned at the election. (Amended 48 of 1999 s. 35; 14 of 2021 s. 322)

Subject to subsection (9), as soon as practicable after determining the result of an election for a functional constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election. (Amended 14 of 2021 s. 322)

Subsection (9) applies if, before declaring the result of an election for a functional constituency—

In the circumstances mentioned in subsection (8)(a) or (b), the Returning Officer—

Voting and counting of votes at a poll for the return of Members for the Election Committee constituency 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 a number of candidates that is equal to the number of vacancies.

At a general election, a member of the Election Committee is entitled to cast 40 votes for the candidates validly nominated for election for the Election Committee constituency.

At a by-election to fill a vacancy among the Members to be returned for the Election Committee constituency, a member of the Election Committee is entitled to cast the same number of votes as the number of Members to be returned at the by-election.

The votes cast by a member of the Election Committee at a general election or at a by-election are valid only if the member has cast all the votes under the member’s entitlement for that general election or by-election as specified in subsection (2) or (3) and no more.

The candidates to be returned as Members for the Election Committee constituency at a general election are the 40 candidates who obtain the greatest and next 39 greatest numbers of votes.

Subsection (5) applies with any necessary modifications to a by-election to fill vacancies among the Members to be returned for the Election Committee constituency.

If, after the counting is finished at an election for the Election Committee constituency, a Member or Members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—

Subject to subsection (10), as soon as practicable after determining the result of an election for the Election Committee constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.

Subsection (10) applies if, before declaring the result of an election for the Election Committee constituency—

In the circumstances mentioned in subsection (9)(a) or (b), the Returning Officer—

A person registered as an elector for a geographical constituency or functional constituency is disqualified from voting at an election for that constituency if the person— (Amended 14 of 2021 s. 324)

(Repealed 25 of 2003 s. 36)

A member of the Election Committee is disqualified from voting at an election for the Election Committee constituency if the member falls within any paragraph of section 26 of the Chief Executive Election Ordinance (Cap. 569). (Added 14 of 2021 s. 324)

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

An elector is also disqualified from voting at an election if the elector— (Amended 25 of 2003 s. 36)

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.

A misnomer or inaccurate description of a person, a person’s identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.

This section applies to a register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election.

The Returning Officer for an election to return Members for a geographical constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency.

The Returning Officer for an election to return a Member or Members for a functional constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the Members duly elected for the constituency.

(Repealed 25 of 2003 s. 37)

The Returning Officer for an election to return Members for the Election Committee constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency. (Added 14 of 2021 s. 325)

The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.

A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.

A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.

A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.

A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

In this Part—

(Repealed 14 of 2021 s. 327)

(Repealed 1 of 2007 s. 11)

Subject to any determination the Court may make on the validity of a vote in the course of determining an election petition, for the purposes of this Part—

For the purposes of section 60E(2)(a)—

An eligible candidate for a constituency is entitled to financial assistance in the form of a monetary payment, in accordance with this Part, in respect of the declared election expenses of the candidate. (Replaced 14 of 2021 s. 328)

Subject to this Part, financial assistance is payable to an eligible candidate whether or not the candidate represents a political party or an organization that is not a political party or is an independent candidate. (Replaced 14 of 2021 s. 328)

An amount payable as financial assistance is payable whether or not the declared election expenses have been paid or are due for payment in whole or in part.

For the avoidance of doubt, it is stated that financial assistance payable under this Part is not an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (Added 1 of 2007 s. 12)

If the election for a constituency is contested, the amount payable as financial assistance to a candidate is the lowest of the following amounts— (Amended 1 of 2007 s. 14; 2 of 2011 s. 30; 14 of 2021 s. 331)

If the election for a constituency is uncontested, the amount payable as financial assistance to a candidate is the lowest of the following amounts— (Amended 1 of 2007 s. 14; 2 of 2011 s. 30; 14 of 2021 s. 331)

(Repealed 1 of 2007 s. 14)

A declaration by the Returning Officer under section 46A(3)(a) or (b) that an election has failed does not affect any entitlement to financial assistance under this Part.

(Repealed 14 of 2021 s. 332)

Where a payment of financial assistance is made under this Part and the recipient is not entitled to receive the whole or part of the amount paid— (Amended 14 of 2021 s. 333)

in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

Any amount that is not repaid under subsection (1) may be recovered as a civil debt due to the Government.

(Repealed 14 of 2021 s. 333)

If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that candidate is liable to the extent of the deceased candidate’s liability. (Amended 14 of 2021 s. 333)

In any proceedings for the purposes of subsection (2), a certificate signed by the Chief Electoral Officer, stating, in relation to a payment of financial assistance under this Part, the amount, the date and the recipient of the payment is admissible as evidence of the matters stated in the certificate.

A claim must be—

A payment of financial assistance is to be made by the Chief Electoral Officer.

A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). The manner of payment must also be in accordance with those regulations.

Where a person entitled to financial assistance dies before a claim is made, a claim may be made on behalf of the estate of the deceased person and any payment of financial assistance be made for the benefit of the estate.

Where a person entitled to financial assistance dies after a claim is made, but before a payment of financial assistance is made or the claim is otherwise disposed of, the claim may be continued on behalf of the estate of the deceased person and any payment of financial assistance be made for the benefit of the estate.

Where a person entitled to financial assistance dies before or after a claim is made, his or her legal personal representative or such other person as specified in regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) may take any action in respect of the claim that the deceased person may have taken.

An election to return a Member may be questioned only on the following grounds—

An election to return a Member may be questioned only by an election petition lodged under section 62.

In this section—

An election petition may be lodged, in the case of an election for a geographical constituency or functional constituency— (Amended 14 of 2021 s. 336)

(Repealed 25 of 2003 s. 39)

An election petition may be lodged, in the case of an election for the Election Committee constituency—

The following persons may be made a respondent to an election petition—

Two or more candidates at an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition is taken to be a separate election petition against each respondent.

The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.

An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.

The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions.

An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette. (Amended 18 of 2011 s. 8)

Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(c) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 18 of 2011 s. 8)

In subsection (2)—

Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner’s behalf or to any respondent.

The amount of security to be given under this section is to be of such amount, not exceeding $20,000, as the Court directs. That amount is to be provided in such manner and form as the Court directs.

An election petition is taken to have been withdrawn if this section is not complied with.

At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Candidate Eligibility Review Committee as to the validity of a nomination was correct and, if not correct, determine whether the person declared by the Returning Officer to have been elected in that election was or was not duly elected. (Amended 14 of 2021 s. 338)

At the end of the trial of an election petition in relation to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead.

At the end of the trial of an election petition, the Court must announce its determination by means of a written judgment. (Amended 18 of 2011 s. 9)

(Repealed 18 of 2011 s. 9)

The Court may, on its own initiative, provide the Secretary for Constitutional and Mainland Affairs, or the Electoral Affairs Commission or the Clerk to the Legislative Council with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported. (Amended L.N. 130 of 2007)

The Court must comply with any request made by the Secretary for Constitutional and Mainland Affairs or the Electoral Affairs Commission to provide a report on any specified matter arising from the trial of an election petition. (Amended L.N. 130 of 2007)

If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct. (Added 10 of 2000 s. 47)

Subject to section 66(3), a petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court. (Amended 48 of 1999 s. 40)

At the hearing of an application for leave referred to in subsection (1)—

If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given by or on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner’s sureties, if any) is to be liable to pay the costs of the substituted petitioner. (Amended 48 of 1999 s. 40)

If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 66 in the case of an original petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice.

Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.

If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition.

The petitioner is liable to pay the costs of the respondent if—

If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners.

Any person who—

commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

If an election petition is lodged by a natural person, the petition is terminated by the person’s death.

If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner—

The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred.

On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged a petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner.

The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner.

If, before the trial of an election petition, a respondent other than a Returning Officer—

that Registrar must publish in the Gazette a notice of that fact.

Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.

A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition.

If, on the hearing of an election petition, the Court determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member— (Amended 18 of 2011 s. 12)

If—

the person continues, subject to subsections (3) and (5), to be a Member. (Added 18 of 2011 s. 12)

If, on the hearing of an election petition, the Court determines that a person was duly elected as a Member in place of a person that the Court has determined not to have been duly elected at the election, subject to subsection (1A) and section 70A, the first-mentioned person becomes a Member from the date on which the written judgment of the Court is handed down.

If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member—

If, on the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal determines that a person was duly elected as a Member in place of a person that the Court of Final Appeal has determined not to have been duly elected as a Member, the first-mentioned person becomes a Member from the date on which the written judgment of the Court of Final Appeal is handed down. (Added 18 of 2011 s. 12)

If the Court determines that a person who was declared under section 58 as duly elected as a Member was not duly elected as a Member and the person lodges an appeal under section 22(1)(c) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) against the determination, the person—

and the determination of the Court against which the appeal is lodged stands from that date. (Added 18 of 2011 s. 12)

An elector, or the Secretary for Justice, may bring proceedings in the Court against any person who is acting, claims to be entitled to act, as a Member on the ground that the person is disqualified from acting as such.

Proceedings under this section may not be brought by an elector after 6 months from the date on which the person concerned acted, or claimed to be entitled to act, as a Member. (Amended 13 of 2021 s. 21)

Immediately after proceedings are brought by the Secretary for Justice under this section against a person on the ground that the person is disqualified from acting as a Member—

the person’s functions and duties as a Member are suspended until the decision of the Court in the proceedings becomes final. (Added 13 of 2021 s. 21)

For the purposes of subsection (2A), a decision of the Court becomes final—

If a person’s functions and duties as a Member are suspended under subsection (2A), the person—

The Court may, on the application of a person whose functions and duties as a Member are suspended under subsection (2A), lift the suspension. (Added 13 of 2021 s. 21)

If a person acts, or claims to be entitled to act, as a Member while his or her functions and duties as a Member are suspended under subsection (2A), the Secretary for Justice may apply to the Court for an interim injunction restraining the person from so acting or claiming. (Added 13 of 2021 s. 21)

If, in proceedings brought under this section, it is proved that the defendant acted as a Member while disqualified from acting in that office, the Court may—

If, in proceedings brought under this section, it is proved that the defendant claimed to be entitled to act as a Member while disqualified from acting in that office, the Court may—

If, in proceedings brought under this section, it is proved that the defendant was disqualified from acting as a Member beginning on a date, the defendant ceased to be entitled to any corresponding entitlement beginning on that date. (Added 13 of 2021 s. 21)

Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(d) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 13 of 2021 s. 21)

Proceedings brought under this section by a person other than the Secretary for Justice are to be stayed until the person has given security for all costs that the person may be ordered to pay to any witness giving evidence in the proceedings on that person’s behalf or to a defendant.

The amount of security to be given under this section—

Proceedings against a person on the ground that the person has, while disqualified from acting as, or claimed to have been entitled to act, as a Member may be brought only in accordance with this section.

For the purposes of this section, a person is disqualified from acting as a Member if the person—

In subsection (4B)—

The Chief Executive must appoint an Electoral Registration Officer and such number of Assistant Electoral Registration Officers as appears to the Chief Executive to be necessary for the purposes of registering persons as electors at elections to return Members. (Amended 21 of 2001 s. 68)

The Electoral Registration Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.

An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer, exercise and perform the functions and duties of Electoral Registration Officer.

The Secretary for Constitutional and Mainland Affairs must publish in the Gazette notice of the appointment of a person as Electoral Registration Officer and the Officer’s address. (Amended L.N. 130 of 2007)

The Government must ensure that the Electoral Registration Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer’s functions and duties under this Ordinance.

Expenses properly incurred by the Electoral Registration Officer in the exercise or performance of that Officer’s functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541) are a charge on, and are payable from, the general revenue.

The Chief Justice may appoint an eligible person to be a Revising Officer for the purposes of this Ordinance. (Amended 1 of 2019 s. 71)

If no appointment is made under subsection (1), the Registrar of the High Court is taken to be a Revising Officer.

A Revising Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.

A Revising Officer has, when exercising or performing the Officer’s functions and duties, the powers and immunities of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates Ordinance (Cap. 227).

In subsection (1)—

The Electoral Affairs Commission must appoint for each constituency a number of Returning Officers and Assistant Returning Officers that the Commission considers to be necessary to enable an election to be held in the constituency, but only 1 Returning Officer may be appointed for each geographical constituency or functional constituency. (Replaced 14 of 2021 s. 340)

(Repealed 21 of 2001 s. 70)

A Returning Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.

If more than one Returning Officer is appointed for the Election Committee constituency, a function or duty of the Returning Officer for that constituency may be exercised or performed by any one of the Returning Officers appointed. (Added 14 of 2021 s. 340)

An Assistant Returning Officer may, with the authority of the Returning Officer concerned, exercise and perform the functions and duties of Returning Officer.

The Electoral Affairs Commission must publish in the Gazette a notice of the appointment of a Returning Officer and that Officer’s address.

The executive authorities of the Government must ensure that each Returning Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer’s functions and duties under this Ordinance.

Expenses properly incurred by a Returning Officer or the Candidate Eligibility Review Committee in exercising or performing the Officer’s or Committee’s functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541) are a charge on, and are payable from, the general revenue. (Amended 14 of 2021 s. 340)

The Chief Executive may give directions, either generally or in any particular case, with respect to the exercise or performance by an electoral officer of any of the officer’s functions or duties under this Ordinance with respect to the holding or conduct of an election. The directions have no effect to the extent that they are inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541).

An electoral officer must, when exercising or performing a function or duty under this Ordinance, comply with any direction given by the Chief Executive under this section with respect to the exercise or performance of the function or duty.

The Chief Executive in Council may make regulations for the better carrying out of the purposes of this Ordinance.

In particular, a regulation under this section may provide for all or any of the following—

A provision of a regulation may make it an offence, punishable by a fine not exceeding level 2, for a person to contravene a provision of the regulation.

A regulation may—

(Repealed 21 of 2001 s. 71)

The Chief Executive in Council may, subject to the approval of the Legislative Council, by order published in the Gazette, amend Schedules 1, 1A, 1B, 1C and 1D. (Amended 48 of 1999 s. 42; 21 of 2001 s. 72; 14 of 2021 s. 343)

(Repealed 48 of 1999 s. 42)