Cap. 542 sub. leg. C

Legislative Council (Subscribers and Election Deposit for Nomination) Regulation(Cap. 542, section 82)(Enacting provision omitted—E.R. 1 of 2013) [19 December 1997](Format changes—E.R. 1 of 2013) 1. Interpretation (1) In this Regulation, unless the context otherwise requires—deposit (按金) means the deposit lodged under section 2(1). (14 of 2021 s. 360)(2 of 2011 s. 39; 14 of 2021 s. 360)(2) In this Regulation, any reference to the appropriate regulations shall be construed as a reference to any regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) relating to procedure at an election. (L.N. 206 of 2001)(3) For the purposes of sections 3(2), 4(3) and (5) and 5(1), a reference to the Returning Officer, in relation to a constituency, includes—(a) an Assistant Returning Officer for that constituency; and(b) the Chief Electoral Officer appointed under section 9 of the Electoral Affairs Commission Ordinance (Cap. 541). (14 of 2021 s. 360) 2. Amount of deposit (1) The amount of deposit to be lodged by or on behalf of a person in respect of the person’s nomination as a candidate for a constituency at an election is—(a) for a geographical constituency—$50,000;(b) for a functional constituency—$25,000; or(c) for the Election Committee constituency—$25,000. (14 of 2021 s. 361)(2) Where any deposit is lodged to a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services. 3. Return of deposit on invalid nomination etc. (1) The deposit lodged by or on behalf of a person in respect of the person’s nomination as a candidate for a constituency at an election must be returned in accordance with this section if—(a) a decision is made under section 42A(1) of the Ordinance that the person is not validly nominated as a candidate for that constituency;(b) the person withdraws the person’s nomination as a candidate for election in respect of that constituency under section 42 of the Ordinance; or(c) a decision has been made under section 42A(1) of the Ordinance that the person is validly nominated as a candidate for a constituency, and subsequently—(i) a notice of death of that person is given under section 42B(1) of the Ordinance; or(ii) the decision under section 42A(1) of the Ordinance is varied under section 42B(4)(a) of the Ordinance to the effect that the person is not validly nominated.(2) The Returning Officer for the constituency concerned must, as soon as practicable after the following event, notify the Director of Accounting Services in writing that the deposit lodged by or on behalf of the candidate concerned is returnable to that candidate, or to the person who lodged the deposit on behalf of that candidate, as the case may be—(a) for a case mentioned in subsection (1)(a) or (b)—the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of that constituency; or(b) for a case mentioned in subsection (1)(c)—(i) if no declarations mentioned in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or variation of decision—the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of that constituency; or(ii) if declarations mentioned in section 42B(2) or (5) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or variation of decision—the making of those declarations.(3) The Director of Accounting Services must, as soon as practicable after receiving a notification under subsection (2), return the amount of the deposit to the candidate, or to the person who lodged the deposit on behalf of that candidate, as specified in the notification.(14 of 2021 s. 362) 4. Disposal of deposit after publication of election result or declaration of failure of election (1) Subject to subsection (2), the deposit lodged by or on behalf of each candidate for a constituency at an election must, unless it is to be returned in accordance with section 3, be returned in accordance with this section after the following declaration is made—(a) a declaration under section 46(1) of the Ordinance that a candidate is duly elected as a Member in respect of that constituency;(b) a declaration under section 49(5), 50(7), 51(7) or 52A(8) of the Ordinance that a candidate is elected as a Member in respect of that constituency; or(c) a declaration under section 46A(3)(a) of the Ordinance that the election for that constituency has failed.(2) The deposit lodged in respect of an unsuccessful candidate’s nomination must be forfeited to the general revenue in accordance with this section if, as determined by a counting of the votes and any re-count, the total number of ballot papers containing valid votes in favour of the candidate is less than 3% of the total number of ballot papers containing valid votes received in the constituency concerned.(3) Subject to subsection (5), the Returning Officer for the constituency concerned must, as soon as practicable after the following event, notify the Director of Accounting Services in writing that the deposit lodged by or on behalf of the candidate concerned is returnable to that candidate, or to the person who lodged the deposit on behalf of that candidate, as the case may be—(a) for a case mentioned in subsection (1)(a)—the publication under the appropriate regulations of a notice declaring that the candidate is duly elected in respect of that constituency;(b) for a case mentioned in subsection (1)(b)—the publication under the appropriate regulations of a notice of the result of the election for that constituency; or(c) for a case mentioned in subsection (1)(c)—the publication under the appropriate regulations of a notice declaring that the election for that constituency has failed.(4) The Director of Accounting Services must, as soon as practicable after receiving a notification under subsection (3), return the amount of the deposit to the candidate, or to the person who lodged the deposit on behalf of that candidate, as specified in the notification.(5) The Returning Officer for the constituency concerned must, as soon as practicable after the publication of the notice mentioned in subsection (3)(b) or (c), notify the Director of Accounting Services in writing that, in relation to any unsuccessful candidate mentioned in subsection (2), the deposit lodged in respect of the candidate’s nomination for the constituency concerned at the relevant election is to be forfeited to the general revenue.(14 of 2021 s. 362) 5. Disposal of deposit in case of death (1) Where—(a) a deposit is lodged by a candidate or by a person on behalf of such candidate; (14 of 2021 s. 363)(b) the deposit shall be returned to that candidate or that person, as the case may be, in accordance with section 3 or 4; and(c) that candidate or that person, as the case may be, dies after the deposit is lodged, the deposit shall, notwithstanding those sections, be paid to the estate of that candidate or that person, as the case may be, and the Returning Officer for the constituency concerned shall notify the Director of Accounting Services in writing accordingly. (L.N. 14 of 2000; L.N. 206 of 2001; 25 of 2003 s. 50; 14 of 2021 s. 363)(2) The Director of Accounting Services shall, as soon as practicable after the receipt of a notification under subsection (1), pay the deposit to the legal personal representative of the candidate or person referred to in subsection (1), as the case may be. 6. Notifications in specified form Any notification for the purposes of this Regulation shall be in a form specified by the Electoral Affairs Commission.(L.N. 206 of 2001) 7. Number and qualifications of subscribers to nomination form (1) The nomination form of a person seeking nomination in respect of a geographical constituency—(a) must be subscribed by electors for the geographical constituency as follows—(i) the number of electors subscribing must be not less than 100 but not more than 200; and(ii) the electors must not be the person seeking the nomination; and(b) must be subscribed by members of the Election Committee as follows—(i) the number of members subscribing must be not less than 10 but not more than 20;(ii) the members must not be the person seeking the nomination; and(iii) there must be not less than 2 but not more than 4 members representing each of the 5 sectors of the Election Committee.(2) The nomination form of a person seeking nomination in respect of a functional constituency—(a) must be subscribed by electors for the functional constituency as follows—(i) the number of electors subscribing must be not less than 10 but not more than 20; and(ii) the electors must not be the person seeking the nomination; and(b) must be subscribed by members of the Election Committee as follows—(i) the number of members subscribing must be not less than 10 but not more than 20;(ii) the members must not be the person seeking the nomination; and(iii) there must be not less than 2 but not more than 4 members representing each of the 5 sectors of the Election Committee.(3) The nomination form of a person seeking nomination in respect of the Election Committee constituency must be subscribed by members of the Election Committee as follows—(a) the number of members subscribing must be not less than 10 but not more than 20;(b) the members must not be the person seeking the nomination; and(c) there must be not less than 2 but not more than 4 members representing each of the 5 sectors of the Election Committee.(4) A person whose signature as a subscriber to a nomination form is in surplus having regard to the required number of subscribers for the purposes of subsection (1)(a)(i) or (b)(i) or (iii), (2)(a)(i) or (b)(i) or (iii) or (3)(a) or (c) must be regarded as not having subscribed the nomination form.(5) A person is entitled to subscribe at an election—(a) if the person is subscribing as an elector for a geographical constituency for the purposes of subsection (1)(a)—1 nomination form in respect of the geographical constituency;(b) if the person is subscribing as an elector for a functional constituency for the purposes of subsection (2)(a)—a number of nomination forms in respect of the functional constituency up to the number of Members to be returned for the functional constituency at the election; and(c) if the person is subscribing as a member of the Election Committee—(i) for the purposes of subsection (1)(b)—1 nomination form in respect of only 1 geographical constituency;(ii) for the purposes of subsection (2)(b)—1 nomination form in respect of only 1 functional constituency; and(iii) for the purposes of subsection (3)—1 nomination form in respect of the Election Committee constituency.(6) If a person subscribes more nomination forms than the number the person is entitled to subscribe under subsection (5)(a), (b) or (c)(i), (ii) or (iii) in a particular capacity (specified number), the person’s signature is inoperative on any nomination form subscribed in that capacity delivered after the delivery of the specified number of nomination form so subscribed by that person.(7) Despite subsection (6)—(a) a person who has subscribed the nomination form of another person (nominee) as a candidate for a constituency (previous nomination form) in a particular capacity may subscribe in accordance with this section another nomination form (next nomination form) in that capacity if—(i) a decision is made under section 42A(1) of the Ordinance that the nominee is not validly nominated as a candidate for that constituency; or(ii) the nominee withdraws the nomination under section 42 of the Ordinance; and(b) for the purposes of paragraph (a)—(i) the person’s signature is not to be inoperative on the next nomination form only because the person has subscribed the previous nomination form; and(ii) if the person subscribes more than one nomination form as the next nomination form, the person’s signature is inoperative on any nomination form so subscribed other than the first one delivered.(8) A person is disqualified from subscribing a nomination form as an elector for a geographical constituency or functional constituency if the person is disqualified from being registered as such an elector or from voting at an election for that constituency.(9) A person is disqualified from subscribing a nomination form as a member of the Election Committee if the person is—(a) disqualified from being registered as such a member or from voting at an election for the Election Committee constituency; or(b) disqualified from making a nomination at an election under section 16 of the Chief Executive Election Ordinance (Cap. 569).(10) To avoid doubt, even if the number of nomination forms subscribed by a person in a particular capacity has reached the number the person is entitled to subscribe under subsection (5)(a), (b) or (c)(i), (ii) or (iii), the person is not prevented from subscribing in accordance with this section the same or another nomination form in another capacity.(14 of 2021 s. 364)