Chief Executive Election Ordinance


Published: 2012-02-09

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Cap 569 - Chief Executive Election Ordinance 1

Chapter: 569 Chief Executive Election Ordinance Gazette Number Version Date

Long title E.R. 1 of 2012 09/02/2012


An Ordinance to provide for the election of the Chief Executive in accordance with Annex I to the Basic Law of the
Hong Kong Special Administrative Region; to amend the Electoral Affairs Commission Ordinance to empower
the Electoral Affairs Commission to supervise election of the Chief Executive; to amend the Legislative Council
Ordinance to remove provisions concerning the constitution of the Election Committee and provide for by-
election to return a Member of the Legislative Council by the Election Committee constituted under this
Ordinance; to make necessary related amendments to the Elections (Corrupt and Illegal Conduct) Ordinance
consequential upon the enactment of this Ordinance and to provide for matters related to or consequential upon
such election.


[21 September 2001] L.N. 187 of 2001


(Enacting provision omitted—E.R. 1 of 2012)


(Originally 21 of 2001)

(*Format changes—E.R. 1 of 2012)
______________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Part: 1 Preliminary E.R. 1 of 2012 09/02/2012




Section: 1 Short title E.R. 1 of 2012 09/02/2012


(1) This Ordinance may be cited as the Chief Executive Election Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)

Section: 2 Interpretation E.R. 1 of 2012 09/02/2012


(1) In this Ordinance, unless the context otherwise requires-
Acting Chief Executive (署理行政長官) means any public officer assuming the duties of the Chief Executive

pursuant to Article 53 of the Basic Law;
candidate (候選人) means a candidate who is determined to be validly nominated under section 17;
Chief Electoral Officer (總選舉事務主任) means the Chief Electoral Officer appointed under section 9 of the

Electoral Affairs Commission Ordinance (Cap 541);
Chief Executive (行政長官) means the Chief Executive of the Hong Kong Special Administrative Region;
Court (原訟法庭) means the Court of First Instance;
EAC Regulations (《選管會規例》) means regulations made under section 7 of the Electoral Affairs Commission

Ordinance (Cap 541);
election (選舉) means an election held under section 6;
Election Committee (選舉委員會) means the Election Committee constituted under section 8;
election petition (選舉呈請、選舉呈請書) means an election petition lodged under section 33(1);
Electoral Affairs Commission (選舉管理委員會) means the Electoral Affairs Commission established by section 3

of the Electoral Affairs Commission Ordinance (Cap 541);
electoral officer (選舉事務人員) means-

(a) the Returning Officer;
(b) the Chief Electoral Officer;
(c) an Assistant Returning Officer appointed under section 41(3);



Cap 569 - Chief Executive Election Ordinance 2

(d) the Electoral Registration Officer appointed under section 44 of the Schedule;
(e) an Assistant Electoral Registration Officer appointed under section 44 of the Schedule;
(f) a Revising Officer appointed under section 46 of the Schedule;
(g) a Returning Officer appointed under section 47 of the Schedule;
(h) an Assistant Returning Officer appointed under section 47 of the Schedule; or
(i) any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance

(Cap 541) to perform functions at or in connection with an election or a subsector election;
final register of members of the Election Committee (選舉委員會正式委員登記冊) means the register published

under section 40(2), (3), (3A) or (4) of the Schedule; (Amended 10 of 2006 s. 20)
function (職能) includes a power and a duty;
member of the Election Committee (選舉委員) means a person whose name appears in the final register of members

of the Election Committee;
poll (投票) means a poll conducted under section 23 or 24; (Amended 10 of 2006 s. 7)
polling date (投票日) means the date fixed in accordance with section 10 or 11 as the date of the poll at an election;
prescribed public officer (訂明公職人員) means any of the following-

(a) the Chairman of the Public Service Commission;
(b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the

holder of any other office under the Independent Commission Against Corruption Ordinance (Cap 204);
(c) The Ombudsman and the holder of any appointment under section 6 of The Ombudsman Ordinance (Cap

397);
(d) a member of the Electoral Affairs Commission;
(e) the Chief Executive of the Hong Kong Monetary Authority and any member of the senior management of

that Authority, including divisional heads, executive directors, managers and counsel employed by that
Authority;

(f) the Privacy Commissioner for Personal Data and any person employed or engaged by him under the
Personal Data (Privacy) Ordinance (Cap 486);

(g) the Chairperson of the Equal Opportunities Commission and any person employed or whose services are
engaged by the Commission under the Sex Discrimination Ordinance (Cap 480);

(h) any person holding an office, whether permanent or temporary, in a Government department or bureau and
employed in the department or bureau;

Returning Officer (選舉主任) means the Returning Officer appointed under section 41(1);
Revising Officer (審裁官) has the meaning assigned to it by section 1(1) of the Schedule;
subsector election (界別分組選舉) has the meaning assigned to it by section 1 of the Schedule;
working day (工作日) means any day other than-

(a) a public holiday;
(b) any day throughout or for part of which a black rainstorm warning is in force, and black rainstorm warning

(黑色暴雨警告) means a warning issued by the Director of the Hong Kong Observatory of a heavy
rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm signal commonly referred
to as Black; and

(c) any day throughout or for part of which a gale warning is in force, and gale warning (烈風警告) means a
warning of the occurrence of a tropical cyclone in, or in the vicinity of, Hong Kong by the use of any of the
tropical cyclone warning signals commonly referred to as No. 8NW, 8SW, 8NE, 8SE, 9 or 10.

(2) Any reference in this Ordinance to the performance of a function includes a reference to the exercise of a power
or performance of a duty, as the case may be.


Part: 2 Term of Office and Election of Chief Executive E.R. 1 of 2012 09/02/2012




Section: 3 Term of office of Chief Executive E.R. 1 of 2012 09/02/2012


(1) The term of office of the Chief Executive shall-
(a) subject to subsection (1A), be 5 years; and (Amended 4 of 2005 s. 2)



Cap 569 - Chief Executive Election Ordinance 3

(b) commence on the date on which he assumes office being the date specified for this purpose by the Central
People's Government in the instrument of appointment.

(1A) Where-
(a) a vacancy in the office of the Chief Executive arises under section 4(b) or (c) during the term of office of a

Chief Executive; and
(b) a person is appointed by the Central People's Government as the Chief Executive to fill the vacancy before

the expiry of the term of office referred to in paragraph (a),
the term of office of the Chief Executive referred to in paragraph (b) shall expire upon the expiry of the term of

office referred to in paragraph (a). (Added 4 of 2005 s. 2)
(2) No person shall hold the office of the Chief Executive for more than 2 consecutive terms.
(2A) Where the appointment of the Chief Executive falls within subsection (1A)(b), his term of office shall, for the

purposes of subsection (2), be regarded as one term. (Added 10 of 2006 s. 3)
(3) The date on which the term of office of the Chief Executive commences shall be published by notice in the

Gazette.

Section: 4 Vacancy in office E.R. 1 of 2012 09/02/2012


The office of the Chief Executive becomes vacant-
(a) on the expiry of the term of office of the Chief Executive;
(b) if the Chief Executive dies; or
(c) if the Central People's Government removes the Chief Executive from office in accordance with the Basic

Law.

Section: 5 Declaration of vacancy E.R. 1 of 2012 09/02/2012


(1) Where the office of the Chief Executive becomes vacant under section 4(b) or (c), the Acting Chief Executive
shall, by notice published in the Gazette, declare the vacancy.

(2) A declaration under subsection (1) shall-
(a) be made within 21 days after the Acting Chief Executive becomes aware of the vacancy; and
(b) specify the date on which the office became vacant.


Section: 6 Election to return candidate for appointment to fill

vacancy in office
E.R. 1 of 2012 09/02/2012



(1) An election shall be held in accordance with- (Amended 10 of 2006 s. 4)
(a) the Basic Law;
(b) this Ordinance; and
(c) any other enactment which applies to the election of the Chief Executive,

to return a candidate for appointment by the Central People's Government to fill the vacancy in the office of the
Chief Executive-
(d) that will arise under section 4(a); or
(e) that arises under section 4(b) or (c).

(2) If, during the period of 6 months before a polling date to be fixed under section 10(1), a vacancy in the office of
the Chief Executive arises under section 4(b) or (c)-
(a) sections 10(1) and 11(3)(a) apply to the fixing of the polling date in the election held as a result of the

vacancy;
(b) section 13(d)(i) applies to the eligibility for candidature for the election; and
(c) sections 10(2) and 11(3)(b) do not apply to the election,

notwithstanding any other provision of this Ordinance. (Added 10 of 2006 s. 4)

Section: 7 Election by Election Committee E.R. 1 of 2012 09/02/2012


The Chief Executive shall be elected by the Election Committee as prescribed in Annex I to the Basic Law.




Cap 569 - Chief Executive Election Ordinance 4

Part: 3 Election Committee E.R. 1 of 2012 09/02/2012




Section: 8 Constitution of Election Committee E.R. 1 of 2012 09/02/2012


(1) There shall be constituted a committee, to be known as the Election Committee, for the purposes of this
Ordinance and such other purposes as may be prescribed by any other Ordinance.

(2) The Election Committee shall be constituted in accordance with the Schedule. (Amended 10 of 2006 s. 30)
(3)-(4) (Repealed 10 of 2006 s. 30)

Section: 9 Term of office of Election Committee E.R. 1 of 2012 09/02/2012


(1) The term of office of the Election Committee shall be 5 years commencing on the date on which it is constituted.
(Amended 10 of 2006 s. 5)

(2) The Election Committee shall be constituted on 1 February in the year in which the term of office of the Chief
Executive is to expire. (Added 10 of 2006 s. 5)


Part: 4 Date of Poll and Nomination E.R. 1 of 2012 09/02/2012




Section: 10 Polling date E.R. 1 of 2012 09/02/2012


(1) Subject to section 11, the date of the poll at an election to return a candidate for appointment to fill the vacancy
in the office of the Chief Executive that will arise under section 4(a) shall, where the first day of the period of 95
days expiring at the beginning of the day on which the vacancy will arise-
(a) is a Sunday, be that Sunday; or
(b) is not a Sunday, be the Sunday immediately preceding the commencement of that period.

(2) Subject to section 11, the date of the poll at an election to return a candidate for appointment to fill the vacancy
in the office of the Chief Executive that arises under section 4(b) or (c) shall, where the 120th day after the date
on which the office becomes vacant as specified under section 5(2)(b)-
(a) is a Sunday, be that Sunday; or
(b) is not a Sunday, be the Sunday immediately following that day.

(3) Nothing in this section or section 11 prevents any round of voting from being conducted on a day after the
polling date if the operation of section 27 so requires.


Section: 11 Fixing new polling date under certain circumstances E.R. 1 of 2012 09/02/2012


(1) Where-
(a) a polling date is fixed in accordance with this section or section 10; and
(b) no candidate is validly nominated under section 17 at the close of nominations,

the new polling date shall, where the 42nd day after the close of nominations-
(c) is a Sunday, be that Sunday; or
(d) is not a Sunday, be the Sunday immediately following that day.

(2) Where-
(a) a polling date is fixed in accordance with this section or section 10; and
(b) the proceedings for the election are terminated under section 22(1AA), (1AB), (1) or (3), (Amended 10 of

2006 s. 8; 1 of 2011 s. 3)
the new polling date shall, where the 42nd day after the termination of the proceedings for the election-

(c) is a Sunday, be that Sunday; or
(d) is not a Sunday, be the Sunday immediately following that day.

(3) If the candidate returned at an election for appointment to fill the vacancy in the office of the Chief Executive-
(a) that will arise under section 4(a) cannot assume the office of the Chief Executive on the day on which the

vacancy arises, the new polling date shall, where the 120th day after the expiry of the term of office of the
serving Chief Executive-



Cap 569 - Chief Executive Election Ordinance 5

(i) is a Sunday, be that Sunday; or
(ii) is not a Sunday, be the Sunday immediately following that day;

(b) that has arisen under section 4(b) or (c) cannot assume the office of the Chief Executive before the expiry of
6 months commencing on the date on which the vacancy arose, the new polling date shall, where the 120th
day after the expiry of those 6 months-
(i) is a Sunday, be that Sunday; or
(ii) is not a Sunday, be the Sunday immediately following that day.

(4) Where a new polling date is fixed in accordance with this section, the Chief Electoral Officer shall fix the
nomination period accordingly.


Section: 12 Publication of polling date E.R. 1 of 2012 09/02/2012


A polling date fixed in accordance with section 10 or 11 shall be published by notice in the Gazette.

Section: 13 Eligibility for nomination as candidate E.R. 1 of 2012 09/02/2012


Subject to section 14, a person is eligible to be nominated as a candidate at an election if-
(a) he is a permanent resident of the Hong Kong Special Administrative Region;
(b) he is a Chinese citizen as defined by section 2 of the Hong Kong Special Administrative Region Passports

Ordinance (Cap 539);
(c) he has no right of abode in any foreign country; and
(d) he-

(i) in the case of an election to fill the vacancy in the office of the Chief Executive that will arise under
section 4(a), will have-
(A) reached 40 years of age on the day on which the vacancy is due to arise; and
(B) ordinarily resided in Hong Kong for a continuous period of not less than 20 years before the day

on which the vacancy is due to arise;
(ii) in the case of an election to fill the vacancy in the office of the Chief Executive that arises under

section 4(b) or (c), will have-
(A) reached 40 years of age on the polling date; and
(B) ordinarily resided in Hong Kong for a continuous period of not less than 20 years before the

polling date.

Section: 14 Disqualification from being nominated E.R. 1 of 2012 09/02/2012


Without prejudice to section 13(1)(c) of the Electoral Affairs Commission Ordinance (Cap 541), a person is
disqualified from being nominated as a candidate if-

(a) he is the Chief Executive and holds the office of the Chief Executive for the second consecutive term;
(b) he is a judicial officer as defined by section 2 of the Judicial Officers Recommendation Commission

Ordinance (Cap 92);
(c) he is a prescribed public officer;
(d) he is adjudged bankrupt under the Bankruptcy Ordinance (Cap 6) and has not been discharged under section

30A or 30B of that Ordinance;
(e) he holds a passport or similar travel document other than-

(i) a Hong Kong Special Administrative Region Passport issued under the Hong Kong Special
Administrative Region Passports Ordinance (Cap 539);

(ii) a certificate of identity within the meaning of the Immigration Ordinance (Cap 115); or
(iii) any entry permit issued by an authority in any part of the People's Republic of China which authorizes

its holder to enter any part of the People's Republic of China;
(f) he has, in Hong Kong or any other place, been sentenced to death and has not either-

(i) served the sentence or undergone such other punishment as a competent authority may have
substituted for the sentence; or

(ii) received a free pardon;
(g) he has been convicted of treason;
(h) he has been convicted-



Cap 569 - Chief Executive Election Ordinance 6

(i) in Hong Kong or any other place, of an offence for which the person has been sentenced to
imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine;

(ii) of having engaged in corrupt conduct or illegal conduct in contravention of the Elections (Corrupt and
Illegal Conduct) Ordinance (Cap 554);

(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iv) of any offence prescribed by the EAC Regulations made for the purposes of this paragraph,

within the 5 years before the date of nomination; or
(i) he is found for the time being under the Mental Health Ordinance (Cap 136) to be incapable, by reason of

mental incapacity, of managing and administering his property and affairs.

Section: 15 Nomination period E.R. 1 of 2012 09/02/2012


(1) The nomination period for candidature at an election and the time at which the nomination period terminates
shall be fixed by the Chief Electoral Officer.

(2) The nomination period-
(a) shall not be less than 14 days; and
(b) shall terminate on a day earlier than the 21 days before the polling date.

(3) The time at which the nomination period terminates shall for the purposes of this Ordinance be regarded as the
close of nominations.


Section: 16 Manner of nomination E.R. 1 of 2012 09/02/2012


(1) A nomination of a candidate shall be made in such form and manner as may be specified in the EAC Regulations
made for the purposes of this section.

(2) A nomination of a candidate shall be made-
(a) subject to subsections (4) and (5), by not less than 150 members of the Election Committee; and (Amended

1 of 2011 s. 4)
(b) by delivering a duly completed nomination form to the Returning Officer before the close of nominations.

(3) A nomination made by a member of the Election Committee-
(a) shall be signified by his signature on the nomination form; and
(b) shall not be withdrawn or revoked by the member.

(4) The signature of a member of the Election Committee on a nomination form nominating a person is invalid and
shall be disregarded for the purposes of subsections (2) and (3) if, at the time of the delivery of the form to the
Returning Officer-
(a) a nomination form nominating a person other than the first-mentioned person for the same election and

signed by the member has been delivered to the Returning Officer; and
(b) the person nominated by virtue of the nomination form referred to in paragraph (a) has not withdrawn his

candidature under section 19.
(5) If a member of the Election Committee-

(a) resigns under section 3(3) of the Schedule;
(b) is serving a sentence of imprisonment for the time being;
(c) falls within paragraph (a), (b), (c), ( f ) or (g) of section 18 of the Schedule; or
(d) is or has been convicted, within the 3 years before the polling date of an election, in the manner prescribed

by subparagraph (i), (ii) or (iii) of section 18(e) of the Schedule,
he shall be disqualified from making nomination at the election.
(6) The disqualification of a member of the Election Committee from making nomination shall not affect a

nomination made by him before such disqualification.
(7) A nomination of a candidate shall be accompanied by-

(a) a declaration to the effect that-
(i) he stands for the election in an individual capacity; and
(ii) he will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region;

and
(b) a declaration as to his nationality and as to whether he has a right of abode in any foreign country.

(8) The declarations referred to in subsection (7) are not effective unless they are signed by the candidate concerned.




Cap 569 - Chief Executive Election Ordinance 7

Section: 17 Determination of validity of nomination E.R. 1 of 2012 09/02/2012


The Returning Officer shall, as soon as practicable after receiving a nomination form, determine whether or not the
person nominated by virtue of the nomination form is validly nominated in accordance with this Ordinance as a
candidate at the election.

Section: 18 Publication of nomination E.R. 1 of 2012 09/02/2012


(1) The Returning Officer shall, by notice published in the Gazette, declare-
(a) the names of all candidates who are validly nominated; and
(b) together with the name of each of such candidates, the names of those members of the Election Committee

nominating him.
(2) A notice under subsection (1) shall be published within 7 days after the date of the close of nominations.
(3) Copies of the nomination forms of all candidates shall be made available for inspection by the public free of

charge during ordinary business hours at the office of the Returning Officer until the result of the election is
declared under section 28.


Section: 19 Withdrawal of candidature E.R. 1 of 2012 09/02/2012


(1) A candidate may withdraw his candidature at any time before the close of nominations.
(2) The withdrawal of a candidate's candidature is not effective unless it complies with the EAC Regulations made

for the purposes of this section.
(3) A person who is nominated as a candidate shall cease to be regarded as such upon the withdrawal of his

candidature.

Part: 5 Election and Polling E.R. 1 of 2012 09/02/2012




Section: 20 Disqualification from being elected E.R. 1 of 2012 09/02/2012


(1) If, after the close of nominations but before the close of polling, proof is given to the satisfaction of the
Returning Officer that-
(a) a candidate does not satisfy the requirement in section 13(a), (b), (c) or (d );
(b) a candidate falls within any paragraph (except paragraph (h)) of section 14;
(c) a candidate is or has been convicted, within the 5 years before the polling date, in the manner prescribed by

subparagraph (i), (ii), (iii) or (iv) of section 14(h); or
(d) the nomination of a candidate does not comply with this Ordinance,

the Returning Officer shall, by a public declaration, disqualify the candidate from being elected at the election.
(2) A declaration made under subsection (1) shall be published in the Gazette as soon as practicable after it is made.

Section: 21 Postponement or adjournment of polling or counting of

votes
E.R. 1 of 2012 09/02/2012



(1) The Electoral Affairs Commission may direct the postponement of a poll or the counting of votes in respect of a
poll if, before the commencement of polling or counting, as the case may be, the Commission is of the opinion
that the polling or counting, as the case may be, is likely to be obstructed, disrupted, undermined or seriously
affected by riot or open violence or any occurrence of public danger.

(2) The Electoral Affairs Commission may direct-
(a) the adjournment of a poll if, during the polling, the Commission is of the opinion that the poll; or
(b) the adjournment of the counting of votes in respect of a poll if, during the counting, the Commission is of

the opinion that the counting,
is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any

occurrence of public danger.
(3) A member of the Election Committee who has cast a vote at a poll adjourned under subsection (2) is not entitled



Cap 569 - Chief Executive Election Ordinance 8

and shall not be allowed to cast a vote again at the resumed polling.
(4) Subsection (3) ceases to apply if the poll proceeds to another round of voting.

Section: 22 Termination of election proceedings E.R. 1 of 2012 09/02/2012


(1AA) Where-
(a) at the close of nominations only one candidate is validly nominated; and
(b) proof is given to the satisfaction of the Returning Officer that the candidate dies or is disqualified under

section 20(1) from being elected at any time after the close of nominations but before the declaration of the
result of the election,

the Returning Officer shall, by a public declaration, terminate the proceedings for the election. (Added 10 of
2006 s. 9)

(1AB) Where-
(a) at the close of nominations only one candidate is validly nominated; and
(b) a poll is conducted under section 23 and the candidate is, under section 26A(4), not returned at the election,

the Returning Officer shall-
(c) publicly declare that no candidate is returned at the election;
(d) publish the declaration and the result of the poll in the Gazette; and
(e) by a public declaration, terminate the proceedings for the election. (Added 10 of 2006 s. 9)

(1) Where-
(a) at the close of nominations 2 or more candidates are validly nominated; and
(b) proof is given to the satisfaction of the Returning Officer that any candidate dies or is disqualified under

section 20(1) from being elected at any time after the close of nominations but before the declaration of the
result of the election,

the Returning Officer shall, by a public declaration, terminate the proceedings for the election.
(2) If a candidate is eliminated at any round of voting under section 27(3)(c) or (4)(c), he shall cease to be regarded

as a candidate for the purposes of subsection (1)(b).
(3) If—

(a) at the close of nominations 2 or more candidates are validly nominated; and
(b) a poll is conducted under section 24 and, under section 27(2A), no candidate is returned at the election,
the Returning Officer must—
(c) publicly declare that no candidate is returned at the election;
(d) publish the declaration and the result of the poll in the Gazette; and
(e) by a public declaration, terminate the proceedings for the election. (Added 1 of 2011 s. 5)


Section: 23 Polling arrangement where only one candidate is validly

nominated
E.R. 1 of 2012 09/02/2012



Where at the close of nominations only one candidate is validly nominated, a poll shall be conducted in accordance
with section 26A and the EAC Regulations under the supervision of the Returning Officer.

(Replaced 10 of 2006 s. 10)

Section: 24 Polling arrangement for contested election E.R. 1 of 2012 09/02/2012


Polling arrangement for contested election
(Amended 10 of 2006 s. 11)


Where there are 2 or more candidates in an election, a poll shall be conducted in accordance with section 27 and the
EAC Regulations under the supervision of the Returning Officer.

(Amended 10 of 2006 s. 11)

Section: 25 Voting by members of Election Committee E.R. 1 of 2012 09/02/2012


(1) Subject to section 26, only the members of the Election Committee whose names appear on the final register of



Cap 569 - Chief Executive Election Ordinance 9

members of the Election Committee can vote at a poll.
(2) The votes at a poll shall be cast by secret ballot.
(3) At a poll each member of the Election Committee is entitled to cast a single vote in each round of voting.

Section: 26 Disqualification from voting E.R. 1 of 2012 09/02/2012


If a member of the Election Committee whose name appears on the final register of members of the Election
Committee-

(a) resigns under section 3(3) of the Schedule; or (Amended 7 of 2009 s. 3)
(b) (Repealed 7 of 2009 s. 3)
(c) falls within paragraph (a), (b), (f) or (g) of section 18 of the Schedule, (Amended 7 of 2009 s. 3)
(d) (Repealed 7 of 2009 s. 3)

he shall be disqualified from voting at the poll.

Section: 26A System of voting: only one candidate E.R. 1 of 2012 09/02/2012


(1) This section applies to an election in which at the close of nominations only one candidate is validly nominated.
(2) In the poll conducted in the election, the ballot papers shall be so designed as to allow members of the Election

Committee to cast either a support vote or a not support vote.
(3) If the number of support votes obtained by the candidate exceeds 600, the candidate is returned at the election.

(Amended 1 of 2011 s. 6)
(4) If the number of support votes obtained by the candidate does not exceed 600, the candidate is not returned at

the election and section 22(1AB) applies. (Amended 1 of 2011 s. 6)
(Added 10 of 2006 s. 12)


Section: 27 System of voting: contested election* E.R. 1 of 2012 09/02/2012


(1A) This section applies to an election in which at the close of nominations 2 or more candidates are validly
nominated. (Added 1 of 2011 s. 7)

(1) If a candidate obtains more than 600 votes in any round of voting, the candidate is returned at the election.
(2) Where-

(a) there are 2 candidates in the election; or
(b) 2 candidates remain after the elimination of all other candidates under subsection (3)(c) or (4)(c),

a single round of voting must be conducted for the 2 candidates.
(2A) If in a round of voting conducted under subsection (2), no candidate obtains more than 600 votes, no candidate

is returned at the election and section 22(3) applies. (Added 1 of 2011 s. 7)
(3) Where-

(a) there are 3 or more candidates in the election; and
(b) after the first round of voting-

(i) only 2 candidates obtain the highest and the same number of valid votes cast; or
(ii) (A) only one candidate obtains the highest number of valid votes cast but the candidate does not

obtain more than 600 votes; and
(B) only one candidate obtains the next highest number of valid votes cast,

then-
(c) all candidates other than the 2 candidates referred to in paragraph (b)(i) or (ii) shall be eliminated; and
(d) subsection (2) applies in relation to those 2 candidates.

(4) Where-
(a) there are 3 or more candidates in the election; and
(b) after the first round of voting-

(i) 3 or more candidates obtain the highest and the same number of valid votes cast; or
(ii) (A) only one candidate obtains the highest number of valid votes cast but the candidate does not

obtain more than 600 votes; and
(B) 2 or more candidates obtain the next highest and the same number of valid votes cast,

then-
(c) all candidates (if any) other than the candidates referred to in paragraph (b)(i) or (ii) shall be eliminated;



Cap 569 - Chief Executive Election Ordinance 10

(d) as many rounds of voting as may be necessary shall be conducted for the candidates referred to in paragraph
(b)(i) or (ii) until-
(i) one of them is returned under subsection (1); or
(ii) subsection (2) applies in relation to any 2 of them; and

(e) the foregoing provisions of this subsection apply in relation to any such round of voting as they apply in
relation to the first round of voting.

(Amended 1 of 2011 s. 7)
_________________________________________________________________________________________
Note:
* (Amended 102 of 2006 s. 13)

Section: 28 Declaration and publication of result E.R. 1 of 2012 09/02/2012


(1) Where the Returning Officer determines that the only candidate nominated at an election is, under
section 26A(3), returned at the election, the Returning Officer shall, as soon as practicable after the
determination-
(a) publicly declare that the candidate is elected; and
(b) publish the result of the election in the Gazette. (Added 10 of 2006 s. 14)

(2) As soon as practicable after determining which candidate is returned at an election in which there are 2 or more
candidates, the Returning Officer shall- (Amended 10 of 2006 s. 14)
(a) publicly declare as elected the candidate who is returned at the election; and
(b) publish the result of the election in the Gazette.


Section: 29 Winning candidate presumed to be duly elected E.R. 1 of 2012 09/02/2012


A person declared under section 28 as elected at an election is presumed to be duly elected until he is ruled by the
Court or the Court of Final Appeal pursuant to the determination of an election petition or otherwise as not duly
elected.

Section: 30 Member of Legislative Council deemed to have resigned if

appointed to be Chief Executive
E.R. 1 of 2012 09/02/2012



If a Member of the Legislative Council is appointed to be the Chief Executive following his being returned at an
election, he is deemed to have signed and given a notice of resignation from office as such Member under section 14
of the Legislative Council Ordinance (Cap 542) specifying the date of the instrument appointing him to be the Chief
Executive as the date on which the notice takes effect.

Section: 31 Winning candidate to declare he is not a member of

political party
E.R. 1 of 2012 09/02/2012



(1) A person declared under section 28 as elected at an election shall, within 7 working days after the declaration-
(a) publicly make a statutory declaration to the effect that he is not a member of any political party; and
(b) lodge with the Returning Officer a written undertaking to the effect that he will not, if appointed as the

Chief Executive-
(i) become a member of any political party; or
(ii) do any act that has the effect of subjecting himself to the discipline of any political party,

during his term of office as the Chief Executive.
(2) In this section-
political party (政黨) means-

(a) a political body or organization (whether operating in Hong Kong or elsewhere) which purports to be a
political party; or

(b) a body or organization the principal function or main object of which is to promote or prepare a candidate
for election as a member of the Legislative Council or any District Council.





Cap 569 - Chief Executive Election Ordinance 11

Part: 6 Election Petitions E.R. 1 of 2012 09/02/2012




Section: 32 Election may be questioned only by election petition made
on specified grounds

E.R. 1 of 2012 09/02/2012



(1) An election may be questioned only by an election petition on the ground that-
(a) the person declared by the Returning Officer under section 28 as elected was not duly elected because-

(i) he was not eligible to be nominated as a candidate under section 13;
(ii) he was disqualified under section 14 from being nominated as a candidate;
(iii) he should have been disqualified under section 20(1) from being elected but was not so disqualified;
(iv) he engaged in corrupt conduct or illegal conduct at the election;
(v) another person engaged in corrupt conduct or illegal conduct in respect of him at the election in

connection with his candidature;
(vi) corrupt conduct or illegal conduct was generally prevalent at the election; or
(vii) material irregularity occurred in relation to-

(A) the election;
(B) the poll at the election; or
(C) the counting of votes in respect of the election; or

(b) the candidate declared by the Returning Officer under section 22(1AB)(c) as not returned at the election is
not returned because material irregularity occurred in relation to-
(i) the election;
(ii) the poll at the election; or
(iii) the counting of votes in respect of the election. (Replaced 10 of 2006 s. 15)

(2) In this section-
corrupt conduct (舞弊行為) means corrupt conduct within the meaning of Part 2 of the Elections (Corrupt and

Illegal Conduct) Ordinance (Cap 554);
election (選舉 ) includes nomination proceedings and the decisions of the Returning Officer or any Assistant

Returning Officer;
illegal conduct (非法行為) means illegal conduct within the meaning of Part 3 of the Elections (Corrupt and Illegal

Conduct) Ordinance (Cap 554).

Section: 33 Who may lodge election petition E.R. 1 of 2012 09/02/2012


(1) An election petition-
(a) may be lodged by any candidate in the election; or
(b) may be lodged by-

(i) a person who was determined under section 17 to be not validly nominated;
(ii) a person the nomination of whom was not accepted by the Returning Officer; or
(iii) a person who was disqualified under section 20(1) from being elected,

provided that the election petition is, subject to subsection (4), subscribed to by not less than 10 members of
the Election Committee in the manner specified in subsection (2).

(2) An election petition shall set out the names and addresses of and be signed by the members of the Election
Committee subscribing to it.

(3) A subscription by a member of the Election Committee to an election petition shall not be withdrawn or revoked
by the member.

(4) If a member of the Election Committee is disqualified-
(a) under section 16(5) from making nomination at an election; or
(b) under section 26 from voting at the poll at an election,

he shall be disqualified from subscribing to an election petition questioning the election.




Cap 569 - Chief Executive Election Ordinance 12

Section: 34 Period within which election petition and appeal must be
lodged

E.R. 1 of 2012 09/02/2012



(1) An election petition questioning an election must be lodged within 7 working days after the day on which the
result of the election is declared under section 22(1AB) or 28. (Amended 10 of 2006 s. 16)

(2) Notwithstanding section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484), a notice of a motion
for the purposes of an application for leave to appeal to the Court of Final Appeal under section 22(1)(c) of that
Ordinance shall be filed within 7 working days after the day on which the relevant judgment of the Court is
handed down, and the applicant shall give the opposite party 3 days notice of his intended application at any
time during the period of 7 working days.


Section: 35 Respondent to election petition E.R. 1 of 2012 09/02/2012


The-
(a) person whose election is questioned by an election petition; and
(b) Returning Officer,

may be made a respondent to the petition.

Section: 36 Court to have jurisdiction to determine election petition E.R. 1 of 2012 09/02/2012


(1) 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.

(2) An election petition shall be tried in open court and, unless the Chief Justice otherwise directs, before one judge.

Section: 37 Determination of election petition E.R. 1 of 2012 09/02/2012


(1) The Court shall determine-
(a) an election petition questioning an election to which section 26A applies in which the Returning Officer

declared under section 22(1AB) that no candidate was returned at the election by ruling that-
(i) the only candidate nominated at the election is duly elected; or
(ii) no candidate is returned at the election;

(b) an election petition questioning an election at which a candidate was declared as elected by ruling that-
(i) the candidate is duly elected; or
(ii) the candidate is not duly elected. (Replaced 10 of 2006 s. 17)

(2) At the end of the trial of an election petition, the Court shall announce its determination by means of a written
judgment.


Section: 38 Acts of person not invalid if ruled not to be elected E.R. 1 of 2012 09/02/2012


A-
(a) determination of the Court under section 37(1); or
(b) ruling by the Court or the Court of Final Appeal,

that a person who was originally declared as elected at an election was not duly elected does not invalidate acts
purporting to have been done by the person as the Chief Executive before the determination or ruling, as the case may
be.

Section: 39 Time limit for legal challenges E.R. 1 of 2012 09/02/2012


(1) Notwithstanding any provision in the High Court Ordinance (Cap 4), no-
(a) application for leave to apply for judicial review under section 21K of that Ordinance; or
(b) other proceedings,

which put in issue- (Amended 10 of 2006 s. 18)
(c) whether a candidate is duly determined to be not returned at an election under section 26A(4); or
(d) whether the candidate declared under section 28 as elected at an election can lawfully assume the office of



Cap 569 - Chief Executive Election Ordinance 13

the Chief Executive,
shall be made or commenced more than 30 days after the publication of the declaration under section

22(1AB)(d) or the publication of the result of the election under section 28 unless the leave of the Court has been
obtained. (Amended 10 of 2006 s. 18)

(2) The Court may upon application grant the leave to make an application for leave to apply for judicial review or
commence proceedings after the expiry of the 30 days referred to in subsection (1) if it is satisfied that-
(a) the person making the first-mentioned application has used his best endeavours to make the second-

mentioned application or commence the proceedings within the 30 days; and
(b) granting the leave applied for is in the interest of justice.


Section: 40 Chief Justice may make rules E.R. 1 of 2012 09/02/2012


The Chief Justice may make rules to provide for-
(a) the preparation, lodgement, service, trial and withdrawal of election petitions;
(b) costs in respect of those petitions and provision of security for costs;
(c) the practice and procedure concerning the trial of those petitions;
(d) circumstances in which an election petition is regarded as having been withdrawn;
(e) applications under section 39(2); and
(f) any other matters for the better carrying out of the objects and purposes of this Part.


Part: 7 Miscellaneous E.R. 1 of 2012 09/02/2012




Section: 41 Appointment of Returning Officers and assistants E.R. 1 of 2012 09/02/2012


(1) The Electoral Affairs Commission shall appoint-
(a) a permanent judge or non-permanent judge of the Court of Final Appeal within the meaning of the Hong

Kong Court of Final Appeal Ordinance (Cap 484);
(b) a Justice of Appeal within the meaning of the High Court Ordinance (Cap 4); or
(c) a judge of the Court of First Instance (other than a recorder or a deputy judge of the Court of First Instance),

to be the Returning Officer.
(2) The Returning Officer has such functions as are conferred or imposed on him by or under this Ordinance.
(3) The Electoral Affairs Commission shall appoint such number of Assistant Returning Officers as appears to the

Commission to be necessary to enable an election to be held smoothly.
(4) An Assistant Returning Officer may, with the authority of the Returning Officer, perform the functions of the

Returning Officer.
(5) An appointment under subsection (1) or (3) shall be published in the Gazette.
(6) Expenses properly incurred by the Returning Officer in the performance of his functions under this Ordinance

shall be a charge on and payable from the general revenue.

Section: 42 Offence to obstruct or hinder electoral officers E.R. 1 of 2012 09/02/2012


A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer in the
performance of a function conferred or imposed on him by or under this Ordinance commits an offence and is liable
on conviction to a fine at level 2.

Section: 43 Electoral Affairs Commission may give direction to

electoral officers
E.R. 1 of 2012 09/02/2012



(1) The Electoral Affairs Commission may give any direction, either generally or in any particular case, with respect
to the performance by an electoral officer of any of his functions under this Ordinance with respect to the
holding or conduct of-
(a) an election;
(b) the nomination and election of a person or persons to be a member or members of the Election Committee



Cap 569 - Chief Executive Election Ordinance 14

under Parts 3 and 4 of the Schedule; or
(c) a subsector election.

(2) A direction given under subsection (1) has no effect to the extent that it is inconsistent with this Ordinance or the
Electoral Affairs Commission Ordinance (Cap 541).

(3) An electoral officer shall, when performing a function under this Ordinance, comply with any direction given
under subsection (1) with respect to the performance of the function.


Section: 44 Death or incapacity of electoral officer not to terminate

authority
E.R. 1 of 2012 09/02/2012



Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of
this Ordinance.

Section: 45 Candidates entitled to send letters to members of Election

Committee free of postage
E.R. 1 of 2012 09/02/2012



(1) Two letters addressed to each member of the Election Committee may be sent free of postage by or on behalf of
a candidate.

(2) The cost to the Postmaster General of enabling an entitlement under subsection (1) to be exercised shall be a
charge on and payable from the general revenue.


Section: 46 Regulation E.R. 1 of 2012 09/02/2012


(1) The Chief Executive in Council may make regulation for the better carrying out of the purposes of this
Ordinance.

(2) In particular, the regulation made under subsection (1) may provide for all or any of the following-
(a) the number or qualifications of subscribers required to complete a nomination paper for a candidate at a

subsector election;
(b) the amount that a candidate at a subsector election is required to lodge as a deposit at the election;
(c) the forfeiture of the deposit if the candidate at a subsector election fails to obtain a prescribed proportion of

the votes cast at the election and for the return of the deposit if he obtains that proportion of votes at the
election;

(d) the functions of a Revising Officer;
(e) appeals to a Revising Officer.

(3) A provision of the regulation made under subsection (1) may make it an offence, punishable by a fine not
exceeding level 2, for a person to contravene a provision of the regulation.

(4) A provision of the regulation made under subsection (1) may-
(a) make different provisions for different circumstances and provide for a particular case or class of cases;
(b) be made so as to apply only in specified circumstances; and
(c) prescribe fees for the purposes of the regulation.


Section: 47 Amendment of Schedule E.R. 1 of 2012 09/02/2012


The Chief Executive in Council may, with the approval of the Legislative Council, amend the Schedule by order
published in the Gazette.

Part: 8 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 48 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012






Cap 569 - Chief Executive Election Ordinance 15

Section: 49 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 50 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 51 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 52 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 53 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




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Section: 55 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 56 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




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Section: 58 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




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Section: 60 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 61 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 62 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 63 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 64 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 65 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012






Cap 569 - Chief Executive Election Ordinance 16

Section: 66 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 67 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 68 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




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Section: 72 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 73 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 74 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 75 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 76 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 77 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 78 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 79 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 80 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Section: 81 (Omitted as spent—E.R. 1 of 2012) E.R. 1 of 2012 09/02/2012




Schedule: Schedule 14 of 2015 17/07/2015


[sections 2, 8, 16, 26,
43 & 47]





Cap 569 - Chief Executive Election Ordinance 17

Election Committee


Part 1


Preliminary

1. Interpretation

(1) In this Schedule—

body (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which
may include incorporated or unincorporated bodies) who are associated with each other through a shared
relevant interest;

corporate member (團體成員), in relation to a body included in a subsector, means a body that is a member of
the body so included;

elector (選民), in relation to a functional constituency or geographical constituency, has the meaning assigned
to it by section 3(1) of the Legislative Council Ordinance (Cap 542);

Electoral Registration Officer (選舉登記主任) means the person holding office as Electoral Registration
Officer under section 44, and includes any person appointed to act in place of the Officer when the Officer
is absent or when the office is vacant;

ex-officio member (當然委員), in relation to the Election Committee, means a member of that Committee
referred to in section 2(7)(c);

functional constituency (功能界別 ) means a functional constituency specified in section 20(1) of the
Legislative Council Ordinance (Cap 542);

geographical constituency (地方選區) means an area declared to be a geographical constituency in accordance
with Part 3 of the Legislative Council Ordinance (Cap 542);

interim register of members of the Election Committee (選舉委員會暫行委員登記冊) means a register
published under section 40(1); (Added 10 of 2006 s. 21)

Member (議員), in relation to the Legislative Council, has the meaning assigned to it by section 3(1) of the
Legislative Council Ordinance (Cap 542);

name (名稱), in relation to a subsector, is to be construed by reference to its description under the column
headed "subsector" in Table 1, 2, 3 or 4 in section 2, as may be applicable;

officer (高級人員), in relation to a body corporate, includes a director or executive, or any other person
concerned in the management, of the body;

registered (登記), in relation to a functional constituency or geographical constituency, means registered under
the Legislative Council Ordinance (Cap 542) as an elector for the constituency;

Returning Officer (選舉主任), in relation to a subsector, means the Returning Officer appointed for the
subsector under section 47, and includes any person appointed to act in place of such an Officer when the
Officer is absent or when an office of Returning Officer is vacant;

Revising Officer (審裁官) means a Revising Officer appointed under section 46, and includes any person
appointed to act in place of the Officer when the Officer is absent or when the office of Revising Officer is
vacant;

subsector (界別分組) means, subject to section 11, a subsector represented on the Election Committee as
provided by section 2(4);

subsector by-election (界別分組補選) means an election to elect a member of the Election Committee
assigned to a subsector who, under section 2(7)(b), is to be elected by the relevant subsector, otherwise than
at a subsector ordinary election;

subsector election (界別分組選舉) means a subsector ordinary election or a subsector by-election;
subsector ordinary election (界別分組一般選舉) means an election to elect those members of the Election

Committee assigned to a subsector who, under section 2(7)(b), are to be elected by the relevant subsector,
for a new term of office of the Election Committee;



Cap 569 - Chief Executive Election Ordinance 18

sub-subsector (小組) means a sub-subsector referred to in section 2(9)(a);
sub-subsector by-election (小組補選) means an election to elect a member of the Election Committee assigned

to a sub-subsector who, under section 2(7)(b) and (9), is to be elected by the sub-subsector, otherwise than
at a sub-subsector ordinary election;

sub-subsector ordinary election (小組一般選舉) means an election to elect those members of the Election
Committee assigned to a sub-subsector who, under section 2(7)(b) and (9), are to be elected by the sub-
subsector, for a new term of office of the Election Committee;

the regulations (《規例》) means regulations made under section 46 of this Ordinance.
(2) In this Schedule, unless the context otherwise requires, in respect of the sports, performing arts, culture and

publication subsector—
(a) all references to "subsector", "subsector by-election" and "subsector ordinary election" mean "sub-

subsector", "sub-subsector by-election" and "sub-subsector ordinary election" respectively and with
any necessary modifications; and

(b) all references to "subsector election" mean "sub-subsector ordinary election" or "sub-subsector by-
election" with any necessary modifications.

(3) For the purposes of this Schedule—
(a) the circumstances in which a person has a substantial connection with a body include, but are not

limited to, being a member, partner, officer or employee of the body; and
(b) the circumstances in which a person has a substantial connection with a subsector include, but are not

limited to, being a member, partner, officer or employee of—
(i) a body included in the subsector; or
(ii) a corporate member of a body referred to in subparagraph (i).

(4) For the purposes of this Schedule, a reference to an entitlement to vote at a general meeting of a body is a
reference to an entitlement to vote at such a meeting as provided by the body's constitution and, in this
subsection—
(a) the reference to the constitution of a body is a reference to the constitution either—

(i) as in force on 3 October 1997; or
(ii) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it

relates to—
(A) the objects of the body;
(B) the criteria and conditions of membership of the body; or
(C) the eligibility of members of the body to vote at a general meeting of the body,

has been approved in writing by the Secretary for Constitutional and Mainland Affairs; and
(Amended L.N. 130 of 2007)

(b) constitution (章程), in relation to a body, includes articles of association and rules.
(5) In column 3 of Table 4 in section 2—

(aa) elected member (民選議員) means a person who is elected to be an elected member under Part V of
the District Councils Ordinance (Cap 547); (Added 1 of 2011 s. 8)

(a) Hong Kong and Kowloon District Councils (港九各區議會), in relation to the subsector specified in
item 5 of that Table, means the District Councils specified in items 1 to 9 of Schedule 2 to the District
Councils Ordinance (Cap 547); and

(b) New Territories District Councils (新界各區議會), in relation to the subsector specified in item 6 of
that Table, means the District Councils specified in items 10 to 18 of Schedule 2 to the District
Councils Ordinance (Cap 547).

(6) In item 8 of Table 5 in section 2—
(a) non-profit making company (非牟利公司) means a company formed for the purpose of promoting

the aims specified in paragraph (4)(a), (b) or (c) opposite to that item in column 3 of that Table, that is
required by its constitution to apply its profits, if any, or other income solely in promoting those aims
and to prohibit the payment of any dividend to its members; and

(b) social service (社會服務) means the provision of any one or more of the following services for the
benefit of the community—



Cap 569 - Chief Executive Election Ordinance 19

(i) family and child welfare services;
(ii) services for young people;
(iii) services for the elderly;
(iv) services for offenders;
(v) rehabilitation services;
(vi) community development;
(vii) social security.


1A. Effect of inclement weather warning on date


(1) In this section—
gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale

Warnings) Ordinance (Cap 62);
inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a

rainstorm warning is in force at any time during the ordinary business hours of the office of the Electoral
Registration Officer;

rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During
Gale Warnings) Ordinance (Cap 62);

working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general
holiday.

(2) If—
(a) the Electoral Registration Officer is required by section 14 to do an act not later than a date; and
(b) the date falls on an inclement weather warning day,
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.

(Added 12 of 2014 s. 23)


Part 2


Membership of Election Committee


2. How Election Committee is to be constituted


(1) The Election Committee is to consist of 1200 members, who must be Hong Kong permanent residents.
(Amended 1 of 2011 s. 9)

(2) The membership of the Election Committee (other than ex-officio members) is to be determined in
accordance with the procedures specified in this Schedule.

(3) The members of the Election Committee are to be representative of 4 sectors, with each sector being
represented by 300 members. (Amended 1 of 2011 s. 9)

(4) The sectors are to be composed of the subsectors specified in Tables 1, 2, 3 and 4.
(5) The composition of the subsectors is as follows—

(a) except in the case of the higher education and education subsectors, the social welfare subsector and
the tourism and hotel subsectors, the composition of a subsector specified in Table 1, 2 or 3 which has
the same name as that of a functional constituency is to be the same as that of the functional
constituency;

(b) each of the subsectors specified in column 2 of Table 4 is to be composed of the persons described in
column 3 of that Table in relation to the subsector;

(c) the Hong Kong Chinese Enterprises Association, tourism, hotel, Chinese medicine, higher education,
education, Employers' Federation of Hong Kong and social welfare subsectors are to be composed as
shown in Table 5; and

(d) the religious subsector is to be composed as described in Part 3.
(6) Subject to subsection (7), for the purpose of constituting the Election Committee, each subsector is

allocated the number of members specified in the relevant Table in respect of the subsector.



Cap 569 - Chief Executive Election Ordinance 20

(7) The Election Committee is constituted in the following manner—
(a) the number of members allocated to the religious subsector is to be nominated by that subsector in

accordance with Part 3;
(b) subject to subsection (9), the number of members allocated to the subsectors specified in Tables 1, 2

and 3 (except those allocated to the religious subsector), and items 3, 4, 5 and 6 of Table 4 are to be
elected by the relevant subsectors in accordance with Part 4; and

(c) subject to subsection (8), the number of members allocated to the subsector specified—
(i) in item 1 of Table 4 is to be filled by the persons holding office as Hong Kong deputies to the

National People's Congress; and
(ii) in item 2 of Table 4 is to be filled by the persons holding office as the Members of the

Legislative Council,
who are registered as ex-officio members of the Election Committee in, and whose names have not

been removed from, the final register of members of the Election Committee.
(8) Subject to section 41, the Electoral Registration Officer shall, in compiling an interim register of members

of the Election Committee under section 40(1) after the publication of results of the subsector ordinary
elections, register— (Amended 10 of 2006 s. 21)
(a) the persons holding office on the date of those subsector ordinary elections (or the last of those dates, if

different dates are specified for those subsector ordinary elections) as Hong Kong deputies to the
National People's Congress; and

(b) the persons holding office on the date of those subsector ordinary elections (or the last of those dates, if
different dates are specified for those subsector ordinary elections) as the Members of the Legislative
Council,

(except those persons who are not Hong Kong permanent residents) as ex-officio members of the Election
Committee, in accordance with the EAC Regulations.

(9) (a) Subject to paragraph (b), the number of members allocated to the sports, performing arts, culture and
publication subsector is to be divided equally among the 4 sub-subsectors constituting that subsector,
namely sports, performing arts, culture and publication sub-subsectors.

(b) If the number of members cannot be allocated equally as an integer, the sub-subsectors are to be
allocated the largest possible integer, and the remaining number is to be allocated according to the
number of voters of the sub-subsectors such that the sub-subsector having the greatest number of
voters is allocated a seat first until all the seats are allocated.


Table 1


First Sector




Item


Subsector
Number of
members


1. Catering 17
2. Commercial (first) 18
3. Commercial (second) 18
4. Employers' Federation of Hong Kong 16
5. Finance 18
6. Financial services 18
7. Hong Kong Chinese Enterprises Association 16
8. Hotel 17
9. Import and export 18
10. Industrial (first) 18
11. Industrial (second) 18
12. Insurance 18
13. Real estate and construction 18
14. Textiles and garment 18
15. Tourism 18



Cap 569 - Chief Executive Election Ordinance 21

16. Transport 18
17. Wholesale and retail 18

(Amended 1 of 2011 s. 9)


Table 2


Second Sector


Item


Subsector
Number of
members


1. Accountancy 30
2. Architectural, surveying, planning and landscape 30
3. Chinese medicine 30
4. Education 30
5. Engineering 30
6. Health services 30
7. Higher education 30
8. Information technology 30
9. Legal 30
10. Medical 30

(Amended 1 of 2011 s. 9; 14 of 2015 s. 15)


Table 3


Third Sector



Item


Subsector

Number of
members


1. Agriculture and fisheries 60
2. Labour 60
3. Religious 60
4. Social welfare 60
5. Sports, performing arts, culture and publication 60

(Amended 1 of 2011 s. 9)


Table 4


Fourth Sector



Item




Subsector




Constituents



Number of
members


1. National People's Congress ("NPC") Hong Kong deputies to the NPC. 36
2. Legislative Council Members of the Legislative Council. 70
3. Chinese People's Political

Consultative Conference
("CPPCC")

Hong Kong members of the National
Committee of the CPPCC.

51

4. Heung Yee Kuk Chairman and Vice-Chairmen of the
Heung Yee Kuk and the Ex-Officio,
Special and Co-opted Councillors of
the Full Council of the Heung Yee
Kuk.

26

5. Hong Kong and Kowloon District
Councils

Elected members of the Hong Kong
and Kowloon District Councils.

57



Cap 569 - Chief Executive Election Ordinance 22

6. New Territories District Councils Elected members of the New
Territories District Councils.

60

(Amended 1 of 2011 s. 9)


Table 5


Composition of Subsectors Referred to in Section 2(5)(C)


(Subsectors without an equivalent functional constituency)


Item


Subsector


Constituents


1. Hong Kong Chinese Enterprises
Association

Members of the Hong Kong Chinese Enterprises Association
entitled to vote at general meetings of the Association.

2. Tourism (1A) Travel industry members of the body known
immediately before 1 April 2001 as the Hong Kong
Tourist Association, entitled immediately before that
date, under the constitution of that body in force
immediately before that date, to vote at general
meetings of that body. (Added 25 of 2003 s. 56)

(1) Members of the Travel Industry Council of Hong
Kong entitled to vote at general meetings of the
Council.

(2) Members of The Board of Airline Representatives in
Hong Kong. (Replaced 25 of 2003 s. 56. Amended 10
of 2006 s. 32)

3. Hotel (1) Members of the Hong Kong Hotels Association entitled
to vote at general meetings of the Association.

(2) Members of the Federation of Hong Kong Hotel
Owners Limited entitled to vote at general meetings of
the Federation. (Amended 10 of 2006 s. 32)

4. Chinese medicine (1) Members of—
(a) The Hong Kong Association of Traditional

Chinese Medicine Limited;
(b) International General Chinese Herbalists and

Medicine Professionals Association Limited;
(c) Sin-Hua Herbalists ’ and Herb Dealers ’

Promotion Society Limited;
(d) Society of Practitioners of Chinese Herbal

Medicine Limited;
(e) The Hong Kong T.C.M. Orthopaedic and

Traumatic Association Limited;
(f) The Hong Kong Federation of China of

Traditional Chinese Medicine;
(g) Hong Kong Acupuncturists Association;
(h) Hong Kong Chinese Herbalists Association

Limited;
(i) Association of Hong Kong & Kowloon

Practitioners of Chinese Medicine, Limited;
(j) Hong Kong Chinese Medicine Practitioners

Association Limited,
who are Chinese medicine practitioners entitled to vote
at the general meetings of the respective bodies.
(Replaced 1 of 2011 s. 9)

(2) Registered Chinese medicine practitioners registered



Cap 569 - Chief Executive Election Ordinance 23

under the Chinese Medicine Ordinance (Cap 549).
(Added 1 of 2011 s. 9)

5. Higher education (1) Full-time academic staff engaged in teaching or
research and administrative staff of equivalent rank in—

(a) institutions of higher education funded
through the University Grants Committee;

(b) approved post secondary colleges registered
under the Post Secondary Colleges Ordinance
(Cap 320);

(c) technical colleges established under the
Vocational Training Council Ordinance (Cap
1130);

(d) The Hong Kong Academy for Performing
Arts;

(e) The Open University of Hong Kong.
(Amended 25 of 2003 s. 56; 14 of 2015 s. 15)

(f)-(m) (Repealed 14 of 2015 s. 15)
(1A) Full-time academic staff engaged in teaching or

research and administrative staff of equivalent rank in
the institutions which—

(a) offer post secondary education leading to the
award of any qualification entered into the
Qualifications Register established under the
Accreditation of Academic and Vocational
Qualifications Ordinance (Cap 592); and

(b) are set up by—
(i) an institution of higher education

funded through the University Grants
Committee;

(ii) The Hong Kong Academy for
Performing Arts; or

(iii) The Open University of Hong Kong.
(Added 14 of 2015 s. 15)

(2) Members of—
(a) the Council of the University of Hong Kong;
(b) the Council of The Chinese University of Hong

Kong;
(c) the Council of The Hong Kong University of

Science and Technology;
(d) the Council of the City University of Hong Kong;
(e) the Council of The Hong Kong Polytechnic

University;
(f) the Council of The Hong Kong Academy for

Performing Arts;
(g) the Council of The Open University of Hong

Kong;
(h) the Vocational Training Council; (Amended 10

of 2006 s. 32)
(i) the Council of The Hong Kong Institute of

Education;
(j) the Council of the Hong Kong Baptist University;
(k) the Council of Lingnan University;
(l) the Board of Governors of the Hong Kong Shue

Yan University; (Amended 25 of 2003 s. 56; 7 of



Cap 569 - Chief Executive Election Ordinance 24

2008 s. 10)
(m) the Board of Governors of the Caritas Institute of

Higher Education; (Added 25 of 2003 s. 56.
Amended 11 of 2012 s. 39; 14 of 2015 s. 15)

(n) the Board of Governors of the Chu Hai
College of Higher Education; (Added 14 of
2015 s. 15)

(o) the Board of Governors of the Centennial
College; (Added 14 of 2015 s. 15)

(p) the Board of Governors of the Tung Wah
College; (Added 14 of 2015 s. 15)

(q) the Board of Governors of the Hang Seng
Management College; (Added 14 of 2015 s.
15)

(r) the Board of Governors of the Hong Kong
Nang Yan College of Higher Education;
(Added 14 of 2015 s. 15)

(s) the Board of Governors of the HKCT Institute
of Higher Education. (Added 14 of 2015 s.
15)

6. Education (1) Registered teachers registered under the Education
Ordinance (Cap 279).

(2) Permitted teachers engaged in full-time employment in
schools registered or provisionally registered under the
Education Ordinance (Cap 279).

(3) Teachers and principals of schools entirely maintained
and controlled by the Government.

(4) Persons whose principal or only employment is that of
full-time teaching with the following bodies—

(a) technical institutes, industrial training centres and
skills centres established under the Vocational
Training Council Ordinance (Cap 1130);

(b) industrial training centres established under the
repealed Industrial Training (Construction
Industry) Ordinance (Cap 317) and maintained
under the Construction Industry Council
Ordinance (Cap 587); (Amended 12 of 2006 s.
84)

(ba) industrial training centres established under the
Construction Industry Council Ordinance (Cap
587); (Added 12 of 2006 s. 84)

(c) industrial training centres established under the
Industrial Training (Clothing Industry) Ordinance
(Cap 318);

(d) Hong Chi Association-Hong Chi Pinehill
Integrated Vocational Training Centre; (Replaced
18 of 2011 s. 52)

(e) Caritas Lok Mo Integrated Vocational Training
Centre of Caritas-Hong Kong incorporated under
the Caritas-Hong Kong Incorporation Ordinance
(Cap 1092). (Replaced 25 of 2003 s. 56.
Amended 10 of 2006 s. 32)

(5) Registered managers of schools registered under the
Education Ordinance (Cap 279).

7. Employers' Federation of Hong Kong Members of the Employers' Federation of Hong Kong



Cap 569 - Chief Executive Election Ordinance 25

entitled to vote at general meetings of the Federation.
8. Social welfare (1) Social workers registered under the Social Workers

Registration Ordinance (Cap 505).
(2) Corporate members of the Hong Kong Council of

Social Service entitled to vote at general meetings of
the Council.

(3) Exempted societies within the meaning of the Societies
Ordinance (Cap 151) that have been operating with
paid employees to provide service on a regular basis in
accordance with the following aims for a period of 12
months immediately before making the application for
registration as a voter—

(a) to promote the co-ordination and improvement of
social service activities;

(b) to develop resources, such as manpower, funds
and data, for social service activities; or

(c) to promote public understanding of social service
needs and the role of the voluntary agencies in
meeting those needs,

and which publish their annual reports and audited
accounts or certified accounts with regard to annual
income and expenditure.

(4) Non-profit making companies registered under the
Companies Ordinance (Cap 622), or a former
Companies Ordinance as defined by section 2(1) of the
Companies Ordinance (Cap 622), that have been
operating with paid employees to provide service on a
regular basis in accordance with the following aims for
a period of 12 months immediately before making the
application for registration as a voter— (Amended 28
of 2012 ss. 912 & 920)

(a) to promote the co-ordination and improvement of
social service activities;

(b) to develop resources, such as manpower, funds
and data, for social service activities; or

(c) to promote public understanding of social service
needs and the role of the voluntary agencies in
meeting those needs,

and which publish their annual reports and audited
accounts or certified accounts with regard to annual
income and expenditure.


2A. (Omitted as expired—E.R. 1 of 2013)


3. Resignation of member of Election Committee


(1) If a member of the Election Committee representing the subsector specified in item 3 of Table 4 in section 2
ceases to be a Hong Kong member of the National Committee of the Chinese People's Political Consultative
Conference, he is deemed to have resigned from the membership of the Election Committee unless—
(a) the cessation is due to the expiry of the term of office of the National Committee of the Chinese

People's Political Consultative Conference; and
(b) he is a Hong Kong member of the National Committee of the Chinese People's Political Consultative

Conference when the immediately following term of office of that Committee commences. (Replaced
10 of 2006 s. 6)



Cap 569 - Chief Executive Election Ordinance 26

(1A) If a member of the Election Committee representing the subsector specified in item 4 of Table 4 in section 2
ceases to be the Chairman or a Vice-Chairman of the Heung Yee Kuk or a Councillor of the Full Council of
the Heung Yee Kuk, he is deemed to have resigned from the membership of the Election Committee unless

(a) the cessation is due to the expiry of his term of office as the Chairman or a Vice-Chairman of the

Heung Yee Kuk or a Councillor of the Full Council of the Heung Yee Kuk (as the case may be); and
(b) he is the Chairman or a Vice-Chairman of the Heung Yee Kuk or a Councillor of the Full Council of

the Heung Yee Kuk immediately after the cessation. (Added 10 of 2006 s. 6)
(1B) If a member of the Election Committee representing the subsector specified in item 5 of Table 4 in section 2

ceases to be a member of a District Council specified in item 1, 2, 3, 4, 5, 6, 7, 8 or 9 of Schedule 2 to the
District Councils Ordinance (Cap 547), he is deemed to have resigned from the membership of the Election
Committee unless—
(a) the cessation is due to the expiry of his term of office as a member of such District Council; and
(b) he is a member of such District Council immediately after the cessation. (Added 10 of 2006 s. 6)

(1C) If a member of the Election Committee representing the subsector specified in item 6 of Table 4 in section 2
ceases to be a member of a District Council specified in item 10, 11, 12, 13, 14, 15, 16, 17 or 18 of
Schedule 2 to the District Councils Ordinance (Cap 547), he is deemed to have resigned from the
membership of the Election Committee unless—
(a) the cessation is due to the expiry of his term of office as a member of such District Council; and
(b) he is a member of such District Council immediately after the cessation. (Added 10 of 2006 s. 6)

(2) If—
(a) a person is a member of the Election Committee (other than an ex-officio member); and
(b) the Electoral Registration Officer, by adding the person's name to the final register of members of the

Election Committee, registers the person as an ex-officio member of the Committee under section
41(3),

the person is deemed to have resigned, on the date of the publication under section 41(4) of a notice to the
effect that the person's name has been so added, from the membership referred to in paragraph (a).

(3) A member of the Election Committee (other than an ex-officio member) may resign from the membership
by giving written notice of resignation to the Electoral Registration Officer.

(4) A notice of resignation is not effective unless it is signed by the member concerned.
(5) A notice of resignation takes effect—

(a) on the date on which the notice is received by the Electoral Registration Officer; or
(b) if a later date is specified in the notice, on that later date.


4. Electoral Registration Officer to compile and publish provisional register


(1) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations a
provisional register of members of the Election Committee within 14 days after the making of a vacancy
declaration. (Amended 10 of 2006 s. 31)

(2) The Electoral Registration Officer is not required to compile and publish a provisional register of members
of the Election Committee under subsection (1) if— (Amended 10 of 2006 s. 31)
(a) the vacancy declaration is made within 12 months after the date of the making of another vacancy

declaration; or (Amended 10 of 2006 s. 31)
(b) the election to fill the vacancy referred to in the vacancy declaration is to be held on a date that falls

outside the term of office of the Election Committee.
(3) A provisional register of members of the Election Committee is to be based on the existing final register of

members of the Election Committee.
(4) In compiling a provisional register of members of the Election Committee, the Electoral Registration

Officer shall—
(a) after scrutinizing the existing final register of members of the Election Committee, strike out the

names and other relevant particulars of those persons (other than ex-officio members) whom the
Electoral Registration Officer is satisfied on reasonable grounds as, on the date of the making of the
relevant vacancy declaration— (Amended 10 of 2006 s. 31)
(i) being dead;



Cap 569 - Chief Executive Election Ordinance 27

(ii) having resigned, or being deemed to have resigned, from the Election Committee under section
3; or

(iii) having ceased to be registered or eligible to be registered, or having been disqualified from being
registered, under the Legislative Council Ordinance (Cap 542) as an elector for a geographical
constituency; and

(b) enter the names and other relevant particulars of those persons on an omissions list.
(5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer shall publish


(a) in the Gazette; and
(b) in such other publications (if any) as are prescribed by the EAC Regulations,

a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to
have their names included in the final register of members of the Election Committee have been entered on
an omissions list and specifying the times and the place at which the omissions list may be inspected.

(6) The Electoral Registration Officer shall, for the period prescribed for the purposes of this subsection by the
EAC Regulations—
(a) keep the omissions list at that Officer's office; and
(b) during the ordinary business hours of that office, make that list available for inspection by members of

the public, free of charge.
(7) In this section—
existing final register of members of the Election Committee (現有選舉委員會正式委員登記冊) means

the final register of members of the Election Committee that is in effect under section 43 on the date of the
making of the relevant vacancy declaration; (Replaced 10 of 2006 s. 31)

vacancy declaration (空缺宣布) means a declaration under section 5 of this Ordinance. (Replaced 25 of 2003
s. 56)

(Amended 10 of 2006 s. 31)

5. Supplementary nomination or subsector by-election to be held to fill vacancy in membership of Election

Committee


(1) As soon as practicable after the Electoral Registration Officer has published a provisional register of
members of the Election Committee, the Electoral Affairs Commission—
(a) shall ascertain the number of members representing each subsector (other than a subsector specified in

items 1 and 2 of Table 4 in section 2) on the Election Committee; and
(b) if the number of members so ascertained as representing a subsector is less than the number of

members allocated to the subsector in accordance with section 2(6), shall, in accordance with the EAC
Regulations, arrange for a supplementary nomination (in the case of the religious subsector) or a
subsector by-election (in the case of any other subsector) to be held to fill the vacancy among the
members representing the subsector on the Election Committee.

(2) When making an ascertainment under subsection (1)(a), the Electoral Affairs Commission shall have regard
to—
(a) the provisional register of members of the Election Committee; and
(b) the determinations of the Revising Officer on the appeals, if any, made under section 48 against the

decisions of the Electoral Registration Officer in relation to the register.


Part 3


Religious Subsector


6. Composition of the religious subsector


(1) The religious subsector is to be composed of the following bodies (referred to in this Part as the designated
bodies)—
(a) Catholic Diocese of Hong Kong;
(b) Chinese Muslim Cultural and Fraternal Association;



Cap 569 - Chief Executive Election Ordinance 28

(c) Hong Kong Christian Council;
(d) The Hong Kong Taoist Association;
(e) The Confucian Academy; and
(f) The Hong Kong Buddhist Association.

(2) The Chief Executive in Council may, by order published in the Gazette, distribute the number of members
allocated to the religious subsector among the designated bodies.


7. Nomination of members by the religious subsector


(1) Subject to subsection (7), each designated body may nominate a number of persons selected by it as
members representing the religious subsector on the Election Committee for a new term of office of the
Committee.

(2) If—
(a) the Electoral Affairs Commission is required to arrange for a supplementary nomination to fill a

vacancy among the members representing the religious subsector on the Election Committee; and
(b) the vacancy is due to the number of members from a designated body representing the religious

subsector on the Election Committee being less than the assigned number for the body,
the designated body may nominate a number of persons selected by it to fill the vacancy.
(3) The process of nomination under subsection (1) or (2) (other than the selection of nominees) shall be carried

out in accordance with the EAC Regulations.
(4) If—

(a) the number of persons nominated by a designated body under subsection (1) exceeds the assigned
number for the body; or

(b) the number of persons nominated by a designated body under subsection (2) exceeds the number of
vacancies to be filled,

subject to subsection (6), the body shall—
(c) indicate which of the nominees are to be given preference in making up the assigned number or in

filling the vacancy; and
(d) then rank the excess nominees, if more than one, in order of priority.

(5) If the Returning Officer determines that any of the nominees to be given preference under subsection (4) is
not validly nominated, the assigned number is to be made up or the vacancy is to be filled from the excess
nominees (subject to their being validly nominated) in their order of priority.

(6) If—
(a) the number of persons nominated by a designated body under subsection (1) exceeds the assigned

number for the body; or
(b) the number of persons nominated by a designated body under subsection (2) exceeds the number of

vacancies to be filled,
but the body does not indicate preference under subsection (4) or the number of nominees to whom

preference is given is less than the assigned number for that body or the number of vacancies to be filled,
the Returning Officer shall determine which nominees of that body (subject to their being validly
nominated) are to make up the assigned number or to fill the vacancy by drawing lots. The nominees on
whom the lot falls are to become members of the Election Committee.

(7) The number of nominees to become members of the Election Committee from each designated body cannot
exceed the assigned number for that body.

(8) The Returning Officer shall declare the nominees who become the members of the Election Committee as
such members in accordance with the EAC Regulations.

(9) In this section—
assigned number (獲配席位數目), in relation to a designated body, means the number specified in an order

made under section 6(2) for that body.

8. Who is qualified for selection as a nominee


(1) A person is eligible to be selected as a nominee under section 7 if the person—
(a) is both registered and eligible to be registered under the Legislative Council Ordinance (Cap 542) as an



Cap 569 - Chief Executive Election Ordinance 29

elector for a geographical constituency, and is not disqualified from being so registered; and
(b) has a substantial connection with the religious subsector.

(2) A person is not eligible to be selected as a nominee under section 7(1) if the person—
(a) is a Hong Kong deputy to the National People's Congress or a Member of the Legislative Council

(whether or not the person is an ex-officio member of the Election Committee); or
(b) is a candidate at a subsector ordinary election.

(3) A person is not eligible to be selected as a nominee under section 7(2) if the person—
(a) is a member of the Election Committee; or
(b) is a candidate at a subsector by-election, the nomination period for which coincides or partly coincides

with the period during which the nomination under that section is to be made.
(4) A person who is selected as a nominee by a designated body as a member representing the religious

subsector on the Election Committee is not eligible to be selected by another designated body as such a
member if the period during which the nominations are to be made coincides or partly coincides.


9. When a person is disqualified from being a nominee

A person is disqualified from being a nominee under section 7 if the person—

(a) has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name
called) and has not either—
(i) served the sentence or undergone such other punishment as a competent authority may have

substituted for the sentence; or
(ii) received a free pardon;

(b) on the date of nomination, is serving a sentence of imprisonment;
(c) without limiting paragraph (a), where the nomination is made within 3 years after the date of the

person's conviction, is or has been convicted—
(i) of having engaged in corrupt conduct or illegal conduct in contravention of the Elections

(Corrupt and Illegal Conduct) Ordinance (Cap 554);
(ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iii) of any offence prescribed by the EAC Regulations;

(d) is found for the time being under the Mental Health Ordinance (Cap 136) to be incapable, by reason of
mental incapacity, of managing and administering his property and affairs; or

(e) is a member of the armed forces of the People's Republic of China or any other country or territory.

10. Application of the Elections (Corrupt and Illegal Conduct) Ordinance

The Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) applies, with any necessary modifications, to

and in relation to the selection and nomination of persons to be members of the Election Committee under
section 7 in the same way as it applies to and in relation to a subsector election and so applies as if the persons
selected or nominated were candidates at a subsector election.


Part 4


Subsector Election


Division 1—Preliminary


11. Interpretation


(1) In this Part, unless the context otherwise requires—
authorized representative (獲授權代表), in relation to a corporate voter, means the person authorized by the

corporate voter to cast its vote at a subsector election;
corporate voter (團體投票人) means a body that is a voter for a subsector;
District Council ordinary election (區議會一般選舉) means elections to elect persons to fill the vacancies



Cap 569 - Chief Executive Election Ordinance 30

caused by the expiration of the term of office of the elected members of District Councils; (Added 33 of
2002 s. 11)

existing functional constituencies final register (現有功能界別正式選民登記冊) means the final register of
electors for functional constituencies compiled under section 32(1) or (1A) of the Legislative Council
Ordinance (Cap 542) that is in effect on the date of registration of voters for the subsectors; (Amended 33
of 2002 s. 11)

existing geographical constituencies final register (現有地方選區正式選民登記冊) means the final register
of electors for geographical constituencies compiled under section 32(1) or (1A) of the Legislative Council
Ordinance (Cap 542) that is in effect on the date of registration of voters for the subsectors; (Amended 33
of 2002 s. 11)

existing subsector final register (現有界別分組正式投票人登記冊), in relation to—
(a) the compilation of a subsector provisional register to be compiled and published not later than 30

November 2001, means the subsector final register that was compiled and published under section 10
of Schedule 2 to the Legislative Council Ordinance (Cap 542) in force immediately before the
commencement of section 73 of this Ordinance;

(b) the compilation of any other subsector provisional register, means the subsector final register that is in
effect under section 15 at the time the subsector provisional register is compiled;

subsector (界別分組) means a subsector referred to in section 2(7)(b);
subsector final register (界別分組正式投票人登記冊) means the final register to be compiled and published

under section 14(1)(b) or (1A)(b); (Amended 33 of 2002 s. 11)
subsector provisional register (界別分組臨時投票人登記冊) means the provisional register to be compiled

and published under section 14(1)(a) or (1A)(a); (Amended 33 of 2002 s. 11)
voter (投票人) means a person whose name is registered in a subsector final register and who is eligible to be so

registered and is not disqualified from being so registered or from voting at a subsector election.
(2) The results of subsector ordinary elections that are declared on different dates are, for the purposes of this

Schedule, taken to have been declared on the later or latest of those dates.


Division 2—Registration of voters

12. Who is eligible to be registered as a voter


(1) Subject to this section—
(a) a person is eligible to be registered as a voter for a subsector with the same name as a functional

constituency (other than the education subsector, the social welfare subsector and the tourism
subsector) if—
(i) the person is eligible to be registered as an elector for that functional constituency and has made

an application to be so registered; or
(ii) the person—

(A) is registered for that functional constituency in the existing functional
constituencies final register; and
(B) is eligible to be, and is not disqualified from being, registered as an elector for that

functional constituency; and
(b) a person is eligible to be registered as a voter for a subsector specified in Table 5 in section 2 (other

than the higher education and education subsectors, the social welfare subsector and the tourism and
hotel subsectors) if—
(i) the person—

(A) is a person specified opposite to that subsector in column 3 of Table 5 in section 2; and
(B) where the person is a natural person, is eligible to be registered as an elector under Part 5 of

the Legislative Council Ordinance (Cap 542) for a geographical constituency and has made
an application to be so registered, or is registered in the existing geographical
constituencies final register and is eligible to be, and is not disqualified from being,
registered as an elector for a geographical constituency; or



Cap 569 - Chief Executive Election Ordinance 31

(ii) the person—
(A) is registered for that subsector in the existing subsector final register; and
(B) is eligible to be, and is not disqualified from being, registered as a voter for that subsector.

(2) A person is eligible to be registered as a voter for the sports, performing arts, culture and publication
subsector subject to the following conditions—
(a) a person who is registered, or applies to be registered, as an elector for the sports, performing arts,

culture and publication functional constituency by virtue of being a person described in section
20V(1)(a) or (b) of, or Part 1 of Schedule 1B or item 40, 41, 43, 50, 54, 59 or 65 of Part 3 of Schedule
1B to, the Legislative Council Ordinance (Cap 542) may be registered only as a voter for the sports
sub-subsector; (Amended 25 of 2003 s. 56; 7 of 2008 s. 10)

(b) a person who is registered, or applies to be registered, as an elector for the sports, performing arts,
culture and publication functional constituency by virtue of being a person described in section
20V(1)(i), (ka) or (kb) of, or item 1, 2, 3, 5, 9, 16, 17, 23, 24, 34, 39, 42, 45, 52, 55, 56, 57, 63, 64 or
66 of Part 3 of Schedule 1B to, the Legislative Council Ordinance (Cap 542) may be registered only as
a voter for the performing arts sub-subsector; (Amended 25 of 2003 s. 56; 14 of 2015 s. 16)

(c) a person who is registered, or applies to be registered, as an elector for the sports, performing arts,
culture and publication functional constituency by virtue of being a person described in section
20V(1)(d) or (e) of, or Part 2 of Schedule 1B or item 6, 7, 10, 11, 13, 14, 19, 20, 22, 26, 27, 31, 33, 35,
37, 38, 48, 53, 58, 61 or 62 of Part 3 of Schedule 1B to, the Legislative Council Ordinance (Cap 542)
may be registered only as a voter for the culture sub-subsector; and

(d) a person who is registered, or applies to be registered, as an elector for the sports, performing arts,
culture and publication functional constituency by virtue of being a person described in section
20V(1)(g), (h), (j) or (k) of, or item 15, 21, 28, 32, 36 or 51 of Part 3 of Schedule 1B to, the Legislative
Council Ordinance (Cap 542) may be registered only as a voter for the publication sub-subsector.
(Amended 7 of 2008 s. 10)

(3) A person is eligible to be registered as a voter for the higher education subsector if the person—
(a) is a person described in section 20E(a), (aa) or (b) of the Legislative Council Ordinance (Cap 542) and

has made an application to be registered for the education functional constituency; or
(b) is registered for the education functional constituency in the existing functional constituencies final

register, and is eligible to be registered as an elector for that functional constituency by virtue of being
a person described in section 20E(a), (aa) or (b) of the Legislative Council Ordinance (Cap 542).
(Amended 25 of 2003 s. 56)

(4) A person is eligible to be registered as a voter for the education subsector if—
(a) the person is a person described in section 20E(c), (d), (e), (f) or (g) of the Legislative Council

Ordinance (Cap 542) and has made an application to be registered for the education functional
constituency; or

(b) the person is registered for the education functional constituency in the existing functional
constituencies final register, and is eligible to be registered as an elector for that functional
constituency by virtue of being a person described in section 20E(c), (d), (e), (f) or (g) of the
Legislative Council Ordinance (Cap 542).

(5) A person is eligible to be registered as a voter for the social welfare subsector if—
(a) the person is a person described in section 20M of the Legislative Council Ordinance (Cap 542) and

has made an application to be registered for the social welfare functional constituency;
(b) the person is registered for the social welfare functional constituency in the existing functional

constituencies final register, and is eligible to be registered as an elector for that functional
constituency by virtue of being a person described in section 20M of the Legislative Council
Ordinance (Cap 542);

(c) the person is a person described in paragraph (2), (3) or (4) of item 8 of Table 5 in section 2 and has
made an application to be registered for the social welfare subsector; or

(d) the person—
(i) is registered for the social welfare subsector in the existing subsector final register by virtue of

being a person described in paragraph (2), (3) or (4) of item 8 of Table 5 in section 2; and
(ii) is not disqualified from being registered as a voter for that subsector.

(6) A person is eligible to be registered as a voter for the tourism subsector if the person—



Cap 569 - Chief Executive Election Ordinance 32

(a) is a person described in section 20O(aa), (b) or (c) of the Legislative Council Ordinance (Cap 542) and
has made an application to be registered for the tourism functional constituency; or

(b) is registered for the tourism functional constituency in the existing functional constituencies final
register, and is eligible to be registered as an elector for that functional constituency by virtue of being
a person described in section 20O(aa), (b) or (c) of the Legislative Council Ordinance (Cap 542).
(Amended 25 of 2003 s. 56)

(7) A person is eligible to be registered as a voter for the hotel subsector if—
(a) the person is a person described in section 20O(d) or (e) of the Legislative Council Ordinance (Cap

542) and has made an application to be registered for the tourism functional constituency; or
(b) the person is registered for the tourism functional constituency in the existing functional constituencies

final register, and is eligible to be registered as an elector for that functional constituency by virtue of
being a person described in section 20O(d) or (e) of the Legislative Council Ordinance (Cap 542).

(8) A person is eligible to be registered as a voter for the Hong Kong and Kowloon District Councils subsector
if the person is a person described opposite to that subsector in column 3 of Table 4 in section 2 and is
eligible to be registered as an elector for the District Council (first) functional constituency. (Amended 1 of
2011 s. 11)

(9) A person is eligible to be registered as a voter for the New Territories District Councils subsector if the
person is a person described opposite to that subsector in column 3 of Table 4 in section 2 and is eligible to
be registered as an elector for the District Council (first) functional constituency. (Amended 1 of 2011 s.
11)

(10) Subject to this section—
(a) a person who is registered or applies to be registered as an elector for a functional constituency with

the same name as a subsector, cannot, subject to paragraph (b), be registered only as an elector for that
functional constituency and not as a voter for the subsector;

(b) a person who is registered or applies to be registered as a voter for a subsector with the same name as a
functional constituency, cannot be registered only as a voter for that subsector and not as an elector for
the functional constituency;

(c) a person who is registered, or has made an application to be registered, as an elector for a functional
constituency with the same name as a subsector may be registered only as a voter for that subsector
(whether or not the person is eligible to be registered as a voter for any other subsector), except that, if
the person is eligible to be registered as a voter for any other subsector specified in item 3 of Table 4,
or item 1, 4, 7 or 8 (by virtue of subsection (5)(c) or (d)) of Table 5, in section 2, the person may
choose to be registered as a voter in the first-mentioned subsector or in that other subsector; and

(d) a person who ceases to be eligible to be registered as an elector for a functional constituency with the
same name as a subsector ceases to be eligible to be registered as a voter for that subsector, but may,
subject to paragraph (a) and subsection (12), apply to be registered as a voter for any other subsector
for which the person is eligible to be registered as a voter.

(11) Subject to this section—
(a) a person who is eligible to be registered as a voter for the Hong Kong and Kowloon District Councils

subsector may be registered only as a voter for that subsector; (Replaced 1 of 2011 s. 11)
(b) a person who is eligible to be registered as a voter for the New Territories District Councils subsector

may be registered only as a voter for that subsector; (Replaced 1 of 2011 s. 11)
(c) a person who—

(i) is eligible to be registered as a voter for the Hong Kong and Kowloon District Councils subsector
or the New Territories District Councils subsector; and

(ii) would, but for this paragraph, be eligible to be registered as a voter for any subsector other than
the 2 subsectors referred to in subparagraph (i),

may be registered only as a voter for the Hong Kong and Kowloon District Councils subsector or the
New Territories District Councils subsector, as the case may be; (Replaced 1 of 2011 s. 11)

(d) a person who ceases to be eligible to be registered as a voter for the Hong Kong and Kowloon District
Councils subsector or the New Territories District Councils subsector may, subject to subsections
(10)(a) and (12), apply to be registered as a voter for any other subsector for which the person is
eligible to be registered as a voter; (Replaced 1 of 2011 s. 11)

(e) a person who—



Cap 569 - Chief Executive Election Ordinance 33

(i) is a person described opposite to the Hong Kong and Kowloon District Councils subsector in
column 3 of Table 4 in section 2; and

(ii) is eligible to be registered as an elector for the District Council (first) functional constituency,
cannot, subject to paragraph (g), be registered only as an elector for the District Council (first)
functional constituency and not as a voter for the Hong Kong and Kowloon District Councils
subsector; (Replaced 1 of 2011 s. 11)

(f) a person who—
(i) is a person described opposite to the New Territories District Councils subsector in column 3 of

Table 4 in section 2; and
(ii) is eligible to be registered as an elector for the District Council (first) functional constituency,
cannot, subject to paragraph (h), be registered only as an elector for the District Council (first)
functional constituency and not as a voter for the New Territories District Councils subsector;
(Replaced 1 of 2011 s. 11)

(g) a person who is eligible to be registered as a voter for the Hong Kong and Kowloon District Councils
subsector cannot be registered only as a voter for that subsector and not as an elector for the District
Council (first) functional constituency; and (Added 1 of 2011 s. 11)

(h) a person who is eligible to be registered as a voter for the New Territories District Councils subsector
cannot be registered only as a voter for that subsector and not as an elector for the District Council
(first) functional constituency. (Added 1 of 2011 s. 11)

(12) A person who would, but for this subsection, be eligible to be registered as a voter for 2 or more subsectors
(other than the Hong Kong and Kowloon District Councils subsector and the New Territories District
Councils subsector) may, subject to subsection (10), be registered as a voter for only one of those
subsectors of the person's choice. (Amended 1 of 2011 s. 11)

(13) A person who is registered, or applies to be registered, as an elector for the education functional
constituency by virtue of being a person described in section 20E(a), (aa) or (b) of the Legislative Council
Ordinance (Cap 542) may be registered only as a voter for the higher education subsector. (Amended 25 of
2003 s. 56)

(14) A person who is registered, or applies to be registered, as an elector for the education functional
constituency by virtue of being a person described in section 20E(c), (d), (e), (f) or (g) of the Legislative
Council Ordinance (Cap 542) may be registered only as a voter for the education subsector.

(15) A person who is eligible to be registered as a voter for both the education subsector and the higher
education subsector, may only be registered as a voter for the higher education subsector.

(16) A person who is registered, or applies to be registered, as an elector for the tourism functional constituency
by virtue of being a person described in section 20O(aa), (b) or (c) of the Legislative Council Ordinance
(Cap 542) may be registered only as a voter for the tourism subsector. (Amended 25 of 2003 s. 56)

(17) A person who is registered, or applies to be registered, as an elector for the tourism functional constituency
by virtue of being a person described in section 20O(d) or (e) of the Legislative Council Ordinance (Cap
542) may be registered only as a voter for the hotel subsector.

(18) A person who is eligible to be registered as a voter for both the tourism subsector and the hotel subsector,
may only be registered as a voter for the hotel subsector.

(19) A person described in column 3 of Table 4 in section 2 in relation to the subsector specified in item 3 of that
Table, who—
(a) is eligible to be registered as an elector under Part 5 of the Legislative Council Ordinance (Cap 542)

for a geographical constituency and has made an application to be so registered; or
(b) is registered in the existing geographical constituencies final register, and is eligible to be, and is not

disqualified from being, registered as an elector for a geographical constituency,
is eligible to be registered as a voter in that subsector.
(20) A member of a body specified in item 1, 2, 3, 7 or 8 of column 3 of Table 5 in section 2 is not eligible to be

registered as a voter for the relevant subsector, unless immediately before that member applies for
registration as a voter—
(a) if the member is a corporate member of a body—

(i) that member has been a member of that body for at least 12 months; and
(ii) that member has been operating for at least 12 months; or

(b) if the member is a natural person, the person has been a member of that body for at least 12 months.



Cap 569 - Chief Executive Election Ordinance 34

(21) A consular post to which any privilege or immunity is accorded under the Consular Relations Ordinance
(Cap 557) is not eligible to be registered as a voter for any subsector. (Added 1 of 2011 s. 11)

(22) 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 not eligible to be registered as a voter for any
subsector. (Added 1 of 2011 s. 11)


13. Corporate voter to have authorized representative


(1) A corporate voter is required to select one eligible person to be its authorized representative for the purpose
of casting its vote at a subsector election.

(2) A person is eligible to be an authorized representative of a corporate voter for a subsector only if the person

(a) is—

(i) registered as an elector for a geographical constituency; or
(ii) eligible to be registered as an elector for a geographical constituency and has applied to be so

registered;
(b) has a substantial connection with the corporate voter;
(c) is not registered or has not made an application to be registered as a voter for the subsector; and
(d) is not disqualified from registration or voting under section 31 or 53 of the Legislative Council

Ordinance (Cap 542).
(3) A person who is an authorized representative of a corporate voter is not eligible to be selected as the

authorized representative of another corporate voter.
(4) A person cannot act as an authorized representative of a corporate voter unless the person is registered as

such a representative by the Electoral Registration Officer.
(5) A corporate voter may from time to time replace its authorized representative, but only in the circumstances

and manner prescribed by the EAC Regulations. The replacement does not have effect until it is registered
by the Electoral Registration Officer.

(6) An application may be made to the Electoral Registration Officer for the purposes of subsection (1) or (5) in
accordance with the EAC Regulations by the corporate voter concerned. The application shall be in writing
and be in a form specified under section 45.

(7) 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 is disqualified from
being, such a representative.


14. Electoral Registration Officer to compile and publish a register of voters


(1) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations—
(a) not later than 1 June in each year other than a year in which a District Council ordinary election is to

be held, a provisional register of voters for subsectors; and (Amended 12 of 2014 s. 171)
(b) not later than 25 July in each year other than a year in which a District Council ordinary election is to

be held, a final register of voters for subsectors. (Amended 33 of 2002 s. 11)
(1A) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations—

(a) not later than 1 August in each year in which a District Council ordinary election is to be held, a
provisional register of voters for subsectors; and (Amended 12 of 2014 s. 171)

(b) not later than 25 September in each year in which a District Council ordinary election is to be held, a
final register of voters for subsectors. (Added 33 of 2002 s. 11)

(1B) Despite subsections (1) and (1A), as soon as practicable after the District Council ordinary election in 2011,
the Electoral Registration Officer must, in accordance with the EAC Regulations—
(a) compile the subsector final register for the Hong Kong and Kowloon District Councils subsector by—

(i) striking out the names and other relevant particulars of all voters from the existing subsector final
register; and

(ii) registering in the subsector final register all persons who are elected as members of a District
Council specified in item 1, 2, 3, 4, 5, 6, 7, 8 or 9 of Schedule 2 to the District Councils



Cap 569 - Chief Executive Election Ordinance 35

Ordinance (Cap 547) under Part V of that Ordinance as voters of the subsector;
(b) compile the subsector final register for the New Territories District Councils subsector by—

(i) striking out the names and other relevant particulars of all voters from the existing subsector final
register; and

(ii) registering in the subsector final register all persons who are elected as members of a District
Council specified in item 10, 11, 12, 13, 14, 15, 16, 17 or 18 of Schedule 2 to the District
Councils Ordinance (Cap 547) under Part V of that Ordinance as voters of the subsector;

(c) if the persons referred to in paragraphs (a)(ii) and (b)(ii) are registered as voters in any subsector other
than the Hong Kong and Kowloon District Councils subsector and the New Territories District
Councils subsector, strike out their names and other relevant particulars from the subsector final
register for that subsector to the effect that they are no longer registered as voters for that subsector.
(Added 1 of 2011 s. 12)

(1C) The Electoral Registration Officer must, as soon as practicable after complying with subsection (1B),
publish in accordance with the EAC Regulations the subsector final register in which there is any addition
or removal of names and other relevant particulars of voters. (Added 1 of 2011 s. 12)

(2) The Electoral Registration Officer may amend a subsector provisional register or subsector final register so
as to rectify any clerical or printing error or any incorrect name or address of a person who is recorded in
the register.

(3) A subsector provisional register is to be based on the existing subsector final register. (Amended 10 of
2006 s. 31)

(4) In compiling a subsector provisional register, the Electoral Registration Officer shall—
(a) after scrutinizing the register on which the subsector provisional register is to be based, strike out the

names and other relevant particulars of those persons whom the Electoral Registration Officer is
satisfied on reasonable grounds as being no longer eligible to have their names included in the
subsector final register;

(b) enter the names and other relevant particulars of those persons on an omissions list; and
(c) add to the register the names and other relevant particulars of those persons who have made

applications for registration since the date prescribed for the purposes of this paragraph by the EAC
Regulations and who are eligible to have their names included in the subsector final register.

(5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer shall publish

(a) in the Gazette; and
(b) in such other publications (if any) as are prescribed by the EAC Regulations,

a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to
have their names included in the subsector final register have been entered on an omissions list and
specifying the times and the place at which the omissions list may be inspected.

(6) The Electoral Registration Officer shall, for the period prescribed for the purposes of this subsection by the
EAC Regulations—
(a) keep the omissions list at that Officer's office; and
(b) during the ordinary business hours of that office, make that list available for inspection by members of

the public, free of charge.

15. When subsector final register is to take effect

A subsector final register takes effect on the date of its publication and continues to have effect until the

publication of the next subsector final register.


Division 3—Conduct of subsector elections


16. When a subsector ordinary election is to be held


(1) A subsector ordinary election is to be held on the date specified by the Chief Executive. The Chief
Executive shall give notice of that date in the Gazette.

(2) The Chief Executive may specify different dates to hold different subsector ordinary elections.



Cap 569 - Chief Executive Election Ordinance 36


17. Who is eligible to be nominated as a candidate at a subsector election


(1) A person is eligible to be nominated as a candidate at a subsector election for a subsector only if the person

(a) has reached 18 years of age;
(b) is both registered and eligible to be registered for a geographical constituency; and
(c) either—

(i) is both registered and eligible to be registered as a voter for that subsector; or
(ii) satisfies the Returning Officer for the subsector that the person has a substantial connection with

the subsector.
(2) A person is not eligible to be nominated as a candidate at a subsector ordinary election if the person is—

(a) a nominee of a designated body under section 7(1); or
(b) a Hong Kong deputy to the National People's Congress or a Member of the Legislative Council

(whether or not the person is an ex-officio member of the Election Committee).
(3) A person is not eligible to be nominated as a candidate at a subsector by-election if—

(a) the person is a nominee of a designated body under section 7(2) and the period during which the
nomination under that section is to be made and the nomination period for the by-election coincide or
partly coincide; or

(b) the person is a member of the Election Committee.

18. When a person is disqualified from being a subsector candidate

A person is disqualified from being nominated as a candidate at a subsector election and from being elected as a

member of the Election Committee if the person—
(a) has ceased to have a substantial connection with the subsector concerned;
(b) has ceased to be registered or eligible to be registered as an elector for a geographical constituency;
(c) has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name

called) and has not either—
(i) served the sentence or undergone such other punishment as a competent authority may have

substituted for the sentence; or
(ii) received a free pardon;

(d) on the date of nomination or on the date of the subsector election, is serving a sentence of
imprisonment;

(e) without limiting paragraph (c), where the subsector election is to be held or is held within 3 years after
the date of the person's conviction, is or has been convicted—
(i) of having engaged in corrupt conduct or illegal conduct in contravention of the Elections

(Corrupt and Illegal Conduct) Ordinance (Cap 554);
(ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap 201); or
(iii) of any offence prescribed by the EAC Regulations;

(f) is found for the time being under the Mental Health Ordinance (Cap 136) to be incapable, by reason of
mental incapacity, of managing and administering his property and affairs; or

(g) is a member of the armed forces of the People's Republic of China or any other country or territory.

18A. When a person is disqualified from being a candidate for 4 subsectors in the Fourth Sector


(1) This section is without prejudice to section 18.
(2) A person is disqualified from—

(a) being nominated as a candidate at a subsector election for the subsector specified in item 3 of Table 4
in section 2; or

(b) being elected as a member of the Election Committee representing that subsector,
if he is not a Hong Kong member of the National Committee of the Chinese People's Political Consultative

Conference.
(3) A person is disqualified from—



Cap 569 - Chief Executive Election Ordinance 37

(a) being nominated as a candidate at a subsector election for the subsector specified in item 4 of Table 4
in section 2; or

(b) being elected as a member of the Election Committee representing that subsector,
if he is not the Chairman or a Vice-Chairman of the Heung Yee Kuk or a Councillor of the Full Council of

the Heung Yee Kuk.
(4) A person is disqualified from—

(a) being nominated as a candidate at a subsector election for the subsector specified in item 5 of Table 4
in section 2; or

(b) being elected as a member of the Election Committee representing that subsector,
if the person is not elected as a member of a District Council specified in item 1, 2, 3, 4, 5, 6, 7, 8 or 9 of

Schedule 2 to the District Councils Ordinance (Cap 547) under Part V of that Ordinance in the District
Council ordinary election held immediately before the relevant subsector election or in any District Council
by-election for that District Council after the ordinary election. (Amended 1 of 2011 s. 13)

(5) A person is disqualified from—
(a) being nominated as a candidate at a subsector election for the subsector specified in item 6 of Table 4

in section 2; or
(b) being elected as a member of the Election Committee representing that subsector,

if the person is not elected as a member of a District Council specified in item 10, 11, 12, 13, 14, 15, 16, 17
or 18 of Schedule 2 to the District Councils Ordinance (Cap 547) under Part V of that Ordinance in the
District Council ordinary election held immediately before the relevant subsector election or in any District
Council by-election for that District Council after the ordinary election. (Amended 1 of 2011 s. 13)

(Added 10 of 2006 s. 6)

18B. Election as District Council member does not affect nomination made earlier


(1) This subsection applies to a case in which—
(a) a person who is registered as a voter for any subsector other than the Hong Kong and Kowloon District

Councils subsector and the New Territories District Councils subsector has subscribed the nomination
paper of a candidate for that subsector in a subsector election; and

(b) after the subscription of the nomination paper but before the subsector election the person is elected as
a member of a District Council under Part V of the District Councils Ordinance (Cap 547).

(2) In a case to which subsection (1) applies—
(a) the validity of the subscription of the nomination paper is not affected by the person’s election; and
(b) the person is disqualified—

(i) if the election is a subsector ordinary election, from subscribing the nomination paper of any
candidate for the Hong Kong and Kowloon District Councils subsector or the New Territories
District Councils subsector in that election; or

(ii) if the election is a subsector by-election, from subscribing the nomination paper of any candidate
for the Hong Kong and Kowloon District Councils subsector or the New Territories District
Councils subsector in any by-election for any subsector held during the term of the District
Council for which the person is elected,

unless the candidate nominated by the person meets any description in subsection (3).
(3) The descriptions are—

(a) the candidate withdraws candidature under section 21;
(b) the Returning Officer decides under section 22(1) or 23(4) that the candidate is not validly nominated;
(c) the Returning Officer has given a notice of death in respect of the candidate under section 23(1).

(Added 1 of 2011 s. 14)

18C. Candidate for other subsectors cannot stand for District Councils subsector election even though elected

as District Council member


(1) This subsection applies to a case in which—
(a) a person who is registered as a voter for any subsector other than the Hong Kong and Kowloon District

Councils subsector and the New Territories District Councils subsector is nominated as a candidate for



Cap 569 - Chief Executive Election Ordinance 38

that subsector in a subsector election; and
(b) after the nomination but before the subsector election the person is elected as a member of a District

Council under Part V of the District Councils Ordinance (Cap 547).
(2) In a case to which subsection (1) applies—

(a) the validity of the nomination of the person for the subsector is not affected by the person’s election;
and

(b) the person is, whether or not returned at the election, disqualified—
(i) if the election is a subsector ordinary election, from being nominated as a candidate for the

election in the Hong Kong and Kowloon District Councils subsector or the New Territories
District Councils subsector; or

(ii) if the election is a subsector by-election, from being nominated as a candidate for the Hong Kong
and Kowloon District Councils subsector by-election or the New Territories District Councils
subsector by-election held during the term of the District Council for which the person is elected.

(Added 1 of 2011 s. 14)

19. Candidate to lodge deposit


(1) A person is validly nominated as a candidate for a subsector at a subsector election only if a deposit has, in
the manner prescribed by the EAC Regulations, been lodged with the Returning Officer for the subsector
concerned by or on behalf of the person.

(2) The deposit is to be of such an amount as prescribed by the regulations for the purposes of this section and
is to be disposed of as provided by the regulations.


20. Person not to be nominated for more than one subsector

A person who is nominated as a candidate for a subsector at a subsector election is not eligible to be nominated

as a candidate at another subsector election that is to be held on the same day or if the nomination periods for the
elections coincide or partly coincide.


21. Withdrawal of candidature


(1) A candidate for a subsector election may withdraw the candidate's candidature at any time before the close
of nominations.

(2) The withdrawal of such a candidate's candidature has effect only if it is in writing signed by the candidate
and complies with the EAC Regulations.


22. Who are validly nominated candidates for subsector election


(1) The Returning Officer for a subsector shall, as soon as practicable after receiving a nomination form that
complies with the EAC Regulations, decide in accordance with those Regulations whether or not a person is
validly nominated as a candidate at the subsector election.

(2) The Returning Officer for a subsector shall, in accordance with the EAC Regulations, publish a notice
stating which persons are validly nominated as candidates at the subsector election.


23. Death or disqualification of a validly nominated candidate before date of subsector election


(1) If, after the Returning Officer has made a decision under section 22(1) that a candidate is validly nominated
for a subsector election, but before the date of the subsector election, proof is given to the satisfaction of the
Returning Officer that the candidate has died, that Officer shall, in accordance with the EAC Regulations,
give notice of the death.

(2) If a notice under section 22(2) has been published, the Returning Officer shall also, in accordance with the
EAC Regulations—
(a) publicly declare that the candidate under subsection (1) has died; and
(b) further declare which candidates are validly nominated for the subsector election.



Cap 569 - Chief Executive Election Ordinance 39

(3) Subsections (1) and (2) do not apply if the Returning Officer has publicly declared under section 25(1) that
the candidate was duly elected as a member of the Election Committee.

(4) If, after the Returning Officer has made a decision under section 22(1) that a candidate is validly nominated
for a subsector election, but before the date of the subsector election, proof is given to the satisfaction of the
Returning Officer that the candidate is disqualified from being nominated as a candidate for a subsector
election, the Returning Officer shall, in accordance with the EAC Regulations, vary the decision to the
effect that the candidate is not validly nominated. If the Returning Officer so varies the decision, that
Officer shall, in accordance with those Regulations, give notice of the variation of the decision.

(5) If a notice under section 22(2) has been published, the Returning Officer shall also, in accordance with the
EAC Regulations—
(a) publicly declare that the decision has been varied; and
(b) further declare which candidates are validly nominated for the subsector election.

(6) Subsections (4) and (5) do not apply if the Returning Officer has publicly declared under section 25(1) that
the candidate was duly elected as a member of the Election Committee.


24. When holding of a subsector election can be postponed or adjourned


(1) The Electoral Affairs Commission may by order direct the postponement of a subsector election if, before
that election is held, the Commission is of the opinion that the election is likely to be obstructed, disrupted,
undermined or seriously affected by riot or open violence or any other occurrence of public danger.

(2) The Electoral Affairs Commission may by order direct the adjournment of the polling or counting of votes
for a subsector election if, during the polling or counting of votes in respect of that election, the
Commission is of the opinion that the polling or counting is likely to be or is being obstructed, disrupted,
undermined or seriously affected by riot or open violence or any other occurrence of public danger.

(3) The Returning Officer or Returning Officers concerned shall give effect to a direction under this section as
soon as practicable after being notified of it.

(4) If the subsector election, or polling or counting of votes at the subsector election, is directed to be
postponed or adjourned under this section, the Electoral Affairs Commission shall specify a date for the
holding of the subsector election, or the polling or counting, in place of the postponed subsector election or
the adjourned polling or counting. The Electoral Affairs Commission shall give notice of that date in the
Gazette. That date is to be not later than 14 days from the date on which the election, polling or counting of
votes would have taken place but for the direction.


25. What is to happen if insufficient number of candidates is nominated for a subsector


(1) If—
(a) after the close of nominations of candidates for a subsector ordinary election, no more candidates have

been validly nominated than the number of members allocated to the subsector; or
(b) after the close of nominations of candidates for a subsector by-election, no more candidates have been

validly nominated than the number of members to be returned at the by-election,
the Returning Officer concerned shall, in accordance with the EAC Regulations, publicly declare the

candidates for the subsector to be duly elected as members of the Election Committee representing the
subsector.

(2) If, after the close of nominations of candidates for a subsector election, no candidate was validly nominated,
the Returning Officer concerned shall, by notice published in the Gazette, declare that no candidate was
validly nominated for the subsector election.

(3) If—
(a) after the close of nominations of candidates for a subsector ordinary election, the number of candidates

validly nominated was less than the number of members allocated to the subsector; or
(b) after the close of nominations of candidates for a subsector by-election, the number of candidates

validly nominated was less than the number of members to be returned at the by-election,
the Returning Officer concerned shall, by notice published in the Gazette, declare that the number of

members of the Election Committee returned at the subsector election for the subsector is less than the
number of members to be returned at the election.



Cap 569 - Chief Executive Election Ordinance 40


26. Death or disqualification of a validly nominated candidate before declaration of election result


(1) If, on or after the date of a subsector election but before declaring the result of the subsector election, proof
is given to the satisfaction of the Returning Officer concerned that a validly nominated candidate for the
subsector election has died or is disqualified from being elected, the proceedings for the subsector election
are to begin (if they have not begun) or to continue (if they have begun) as if the death or disqualification
had not occurred.

(2) If—
(a) after the counting of votes is finished, the candidate referred to in subsection (1) is found to be

successful at the subsector election; and
(b) there is no other candidate at the subsector election who can be returned under section 29(9) for the

subsector in place of that candidate,
the Returning Officer concerned shall, in accordance with the EAC Regulations, declare that—

(c) no candidate is returned at the subsector election; or
(d) (where more than one member of the Election Committee are to be returned at the subsector election

and there are other candidates returned at the subsector election) the number of members of the
Election Committee returned at the subsector election for the subsector is less than the number of
members to be returned at the election.


27. How subsector election is to be conducted


(1) At every contested subsector election—
(a) a poll is to be taken for the subsector; and
(b) voting at the poll is to be by secret ballot.

(2) The poll is to be conducted in accordance with the EAC Regulations.
(3) The Returning Officer appointed for a subsector is responsible for supervising a subsector election for the

subsector in accordance with this Schedule, the Electoral Affairs Commission Ordinance (Cap 541) and the
EAC Regulations.


28. Who is entitled to vote at a subsector election


(1) A person is entitled to vote at a subsector election only if the person is registered as a voter for the subsector
concerned.

(2) A person registered as a voter for a subsector may not be prevented from voting at a subsector election only
because the person's name should not have been included in the subsector final register prepared for the
subsector.

(3) A corporate voter may vote at a subsector election only by its authorized representative.

29. System of voting and counting of votes


(1) Voting and counting of votes at a poll referred to in section 27 is to be conducted in accordance with the
simple or relative majority system of election (otherwise known as the "first past the post" system of
voting).

(2) At a subsector ordinary election, a voter may vote for as many candidates as the number of members
allocated to the subsector concerned and no more.

(3) At a subsector by-election, a voter may vote for as many candidates as the number of members to be
returned at the by-election and no more.

(4) If a subsector ordinary election is contested by more candidates than the number of members allocated to
the subsector, the candidates to be elected for the subsector are those who obtain the greatest number of
votes at the election and then the next greatest and so on until the required number of members is elected.

(5) If a subsector by-election is contested by more candidates than the number of members to be returned at the
by-election—
(a) in the case of a single vacancy, the candidate to be elected for the subsector is the one who obtains the



Cap 569 - Chief Executive Election Ordinance 41

greatest number of votes at the by-election; and
(b) in the case of more than one vacancy, the candidates to be elected for the subsector are those who

obtain the greatest number of votes at the by-election and then the next greatest and so on until the
required number of members is elected.

(6) If, after the counting is finished at a subsector election, a member is still to be returned for the subsector and
the most successful candidates remaining have an equal number of votes, the Returning Officer shall
determine the result of the election by drawing lots. The candidate on whom the lot falls is to be returned at
the subsector election.

(7) As soon as practicable after determining the result of a subsector election, the Returning Officer concerned
shall, in accordance with the EAC Regulations, publicly declare as elected the candidates who were
successful at the subsector election.

(8) Despite subsection (7), if, before declaring the result of a subsector election, proof is given to the
satisfaction of the Returning Officer that the candidate or a candidate who was successful at the subsector
election has died or is disqualified from being elected, that Officer shall not declare that candidate as
elected.

(9) If there is another candidate or there are other candidates at the subsector election who has not or have not
been returned for the subsector, the candidate is to be returned or the candidate who obtains the greatest
number of votes is to be returned (subject to that candidate's being not disqualified from being elected) in
place of the deceased or disqualified candidate. In that case, the Returning Officer concerned shall publicly
declare the candidate so returned to be elected.


30. When a voter is disqualified from voting at subsector election


(1) A person registered as a voter for a subsector is disqualified from voting at a subsector election for that
subsector, if the person—
(a) has ceased to be eligible to be registered as a voter for that subsector;
(b)-(d) (Repealed 7 of 2009 s. 4)
(e) is found for the time being under the Mental Health Ordinance (Cap 136) to be incapable, by reason of

mental incapacity, of managing and administering his property and affairs; or
(f) is a member of the armed forces of the People's Republic of China or any other country or territory.

(2) This section applies to an authorized representative of a corporate voter in the same way as it applies to a
voter who is a natural person.


31. Consequences of non-compliance with requirements of this Schedule

In any proceedings brought to question the validity of a subsector election, the Revising Officer shall not declare

the election to be invalid only because of—
(a) a failure to comply with the regulations or with the EAC Regulations; or
(b) a mistake in the use of a form specified under this Schedule or under the Electoral Affairs Commission

Ordinance (Cap 541),
if the Revising Officer is satisfied on reasonable grounds that the conduct of the election was in accordance with

the principles laid down in this Schedule and the Electoral Affairs Commission Ordinance (Cap 541) and that
the failure to comply or mistake did not affect the result of the election.


32. Misnomer or inaccuracy not to affect operation of election document


(1) 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.

(2) This section applies to a subsector provisional register, a subsector final register, a nomination paper, ballot
paper, notice or other document prepared for the purposes of a subsector election.

(3) In this section—
identity document (身分證明文件) means—



Cap 569 - Chief Executive Election Ordinance 42

(a) an identity card issued to a person under the Registration of Persons Ordinance
(Cap 177);
(b) a document issued to a person under regulations in force under that Ordinance certifying that the

person is exempt from being required to register under that Ordinance; or
(c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof

of the person's identity.


33. Subsector election to be presumed valid

Every subsector election is presumed to be valid, unless it is questioned by means of an appeal lodged with a

Revising Officer within the period during which an appeal can be made to a Revising Officer under section 39
and the Officer, on the hearing of an appeal, determines that the election is invalid.


34. Subsector election not to be questioned only because of defect in appointment of electoral officer

A subsector election is not to be questioned only because of a defect in the appointment of an electoral officer

who is responsible for conducting the subsector election.

35. Returning Officer to publish result of subsector election


(1) The Returning Officer shall publish in the Gazette the names of the persons duly elected as members of the
Election Committee at a subsector election.

(2) The publication of a notice shall be in accordance with the EAC Regulations.

36. Offences by Returning Officers and others with respect to conduct of subsector election


(1) Any person holding office as a Returning Officer or an Assistant Returning Officer at a subsector election
who neglects or refuses to perform the functions of that office in relation to such an election commits an
offence and is liable on conviction to a fine at level 2.

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

(3) 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.


37. Voter not to be required to disclose how vote was cast


(1) A voter who is asked to disclose the name of, or any particulars relating to, the subsector candidate for
whom the voter voted at a subsector election is not required to answer the question.

(2) A person shall not, without lawful authority, require or purport to require a voter at a subsector election to
disclose the name of, or any particulars relating to, a subsector candidate for whom the voter voted at the
subsector election.

(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.
(4) In this section, voter (投票人) includes an authorized representative of a corporate
voter.


Division 4—Miscellaneous


38. Subsector candidates entitled to send letters to voters free of postage


(1) A validly nominated candidate at a subsector election is entitled to send free of postage one letter addressed
to each voter whose name appears in the subsector final register for the subsector for which the candidate is
nominated.

(2) Each such letter is to relate to the election concerned and is to comply with all requirements and limitations
(if any) prescribed by the EAC Regulations.



Cap 569 - Chief Executive Election Ordinance 43

(2A) A letter sent under subsection (1) by a candidate who is validly nominated at a subsector election—
(a) may contain information on any other candidate who is also validly nominated at that election; and
(b) is, if it contains any information mentioned in paragraph (a), not to be regarded, for the purposes of

subsection (1), as being sent by that other candidate. (Added 18 of 2011 s. 35)
(3) The cost to the Postmaster General of enabling subsector candidates to exercise their entitlements under this

section is a charge on, and is to be met from, the general revenue.

39. Subsector election may be questioned only by appeal to Revising Officer


(1) A person claiming to be a candidate at a subsector election may appeal against the result to a Revising
Officer in accordance with the regulations.

(2) An appeal under subsection (1) may be lodged only during the period of 7 days following the date on which
the Returning Officer has published in the Gazette the result being appealed against.

(3) Any person whose election is questioned by an appeal under this section and the Returning Officer in
respect of the subsector election concerned may be made a respondent to the appeal.

(4) At the hearing of the appeal, the appellant 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.

(5) At the end of a hearing, the Revising Officer shall determine whether the person whose election is
questioned was or was not duly elected.

(6) The determination of the Revising Officer on such an appeal is final.


Part 5


Interim Register and Final Register of Members of Election Committee
(Amended 10 of 2006 s. 21)


40. Electoral Registration Officer to compile and publish interim register and final register

(Amended 10 of 2006 s. 21)


(1) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations—
(Amended 10 of 2006 s. 21; 1 of 2011 s. 15)
(a) if the polling for the subsector ordinary elections for all subsectors is held on the same day, an interim

register of members of the Election Committee within 7 days after the results of the elections are
published under section 35; or

(b) if the polling for the subsector ordinary elections for different subsectors is held on different days, the
relevant parts of an interim register of members of the Election Committee within 7 days after the
results of the relevant elections are published under section 35. (Amended 1 of 2011 s. 15)

(2) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations a
final register of members of the Election Committee within 7 days after the result of a subsector by-election
is published under section 35. (Amended 10 of 2006 s. 21)

(3) The Electoral Registration Officer shall also compile and publish in accordance with the EAC Regulations a
final register of members of the Election Committee within 7 days after a nominee under section 7(2) is
declared as a member of the Election Committee under section 7, unless the period during which the
nomination under section 7(2) is to be made and the nomination period for a subsector by-election coincide
or partly coincide.

(3A) The Electoral Registration Officer shall—
(a) compile in accordance with the EAC Regulations a final register of members of the Election

Committee on the basis of the interim register of members of the Election Committee, incorporating
any amendment made under section 41 or 42; and

(b) publish the final register in accordance with the EAC Regulations on the date on which the Election
Committee is constituted. (Added 10 of 2006 s. 21)

(4) If—
(a) the Electoral Registration Officer has compiled and published a provisional register of members of the

Election Committee under section 4;



Cap 569 - Chief Executive Election Ordinance 44

(b) the Electoral Affairs Commission has ascertained under section 5(1)(a) the number of members
representing each subsector (other than a subsector specified in items 1 and 2 of Table 4 in section 2)
on the Election Committee; and

(c) the number of members representing each subsector on the Election Committee so ascertained is equal
to the number of members allocated to the subsector in accordance with section 2(6),

the Electoral Registration Officer shall, as soon as practicable after the Electoral Affairs Commission's
ascertainment, publish in accordance with the EAC Regulations the provisional register as a final register of
members of the Election Committee.


41. Electoral Registration Officer to amend interim register or final register to give effect to change in ex-

officio membership
(Amended 10 of 2006 s. 21)


(1) The Electoral Registration Officer may from time to time amend the interim register of members of the

Election Committee or final register of members of the Election Committee in accordance with this section
and the EAC Regulations to give effect to any change in the ex-officio membership of the Election
Committee.

(2) If a person is registered as an ex-officio member of the Election Committee—
(a) by virtue of being a person referred to in section 2(7)(c)(i), and subsequently that person ceases to be a

Hong Kong deputy to the National People's Congress, that person ceases to be an ex-officio member of
the Election Committee and the Electoral Registration Officer shall, subject to subsection (3), remove
that person's name from the interim register of members of the Election Committee or final register of
members of the Election Committee; or

(b) by virtue of being a person referred to in section 2(7)(c)(ii), and subsequently that person ceases to be a
Member of the Legislative Council, that person ceases to be an ex-officio member of the Election
Committee and the Electoral Registration Officer shall, subject to subsection (3), remove that person's
name from the interim register of members of the Election Committee or final register of members of
the Election Committee.

(3) The Electoral Registration Officer shall register as ex-officio members of the Election Committee—
(a) persons who become Hong Kong deputies to the National People's Congress; and
(b) persons who become Members of the Legislative Council,

from time to time (except those persons who are not Hong Kong permanent residents) in accordance with
the EAC Regulations.

(4) If the Electoral Registration Officer adds names to or removes names from the interim register or final
register of members of the Election Committee under this section, that Officer shall, as soon as practicable
after the addition or removal, publish, in accordance with the EAC Regulations, a notice to the effect that
names have been so added or removed.

(Amended 10 of 2006 s. 21)

42. Electoral Registration Officer may amend register


(1) The Electoral Registration Officer may amend a provisional register, interim register or final register of
members of the Election Committee so as to rectify any clerical or printing error or any incorrect name or
address of a person who is recorded in the register.

(2) If a Revising Officer directs the Electoral Registration Officer to incorporate into the interim register of
members of the Election Committee or final register of members of the Election Committee the Revising
Officer's determination on an appeal under section 39 or 48, the Electoral Registration Officer shall also
amend the register to effect the direction.

(3) If the Electoral Registration Officer amends the interim register of members of the Election Committee or
final register of members of the Election Committee under subsection (2), that Officer shall, as soon as
practicable after the amendment, publish, in accordance with the EAC Regulations, a notice of the
amendment.

(Amended 10 of 2006 s. 21)

43. When final register is to take effect



Cap 569 - Chief Executive Election Ordinance 45


(1) During the term of office of the Election Committee, a final register of members of the Election Committee

is to—
(a) have effect as amended from time to time in accordance with sections 41 and 42 and the EAC

Regulations after its publication; and
(b) cease to have effect on the publication of the next final register of members of the Election Committee.

(2) If names have been removed from or added to the final register of members of the Election Committee
under section 41(2) or (3), or the register has been amended under section 42(2), the register as amended is
to take effect on the date of the publication of the notice under section 41(4) or 42(3).


Part 6


Miscellaneous


44. Appointment of Electoral Registration Officer and assistants


(1) The Chief Executive shall 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 members of the Election Committee and as voters at subsector elections.

(2) The Electoral Registration Officer has such functions as are conferred or imposed on that Officer by or
under this Schedule.

(3) An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer,
perform the functions of Electoral Registration Officer.

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

(5) The executive authorities of the Government shall ensure that the Electoral Registration Officer is provided
with such staff as that Officer requires in order to perform that Officer's functions under this Schedule.

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


45. Electoral Registration Officer may specify forms

The Electoral Registration Officer may specify the form of any application, notice, return, record or other

document required for the purposes of this Schedule.

46. Appointment of Revising Officer


(1) The Chief Justice may appoint any magistrate, or any legal officer within the meaning of the Legal Officers
Ordinance (Cap 87), to be a Revising Officer for the purposes of this Schedule.

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

(3) A Revising Officer has such functions as are conferred or imposed on the Officer by or under this Schedule.
(4) A Revising Officer has, when performing the Officer's functions, the powers and immunities of a magistrate

under sections 21, 22, 99, 125 and 126 of the Magistrates Ordinance (Cap 227).

47. Appointment of Returning Officers and assistants


(1) The Electoral Affairs Commission shall appoint for each subsector a Returning Officer and such number of
Assistant Returning Officers as appears to the Commission to be necessary to enable members of the
Election Committee (other than ex-officio members) to be returned for the subsector.

(2) A Returning Officer has such functions as are conferred or imposed on that Officer by or under this
Schedule.

(3) An Assistant Returning Officer may, with the authority of the Returning Officer concerned, perform the



Cap 569 - Chief Executive Election Ordinance 46

functions of Returning Officer.
(4) The Electoral Affairs Commission shall publish in the Gazette a notice of the appointment of a Returning

Officer and that Officer's address.
(5) The executive authorities of the Government shall ensure that each Returning Officer is provided with such

staff as that Officer requires in order to perform that Officer's functions under this Schedule.
(6) Expenses properly incurred by a Returning Officer in the performance of that Officer's functions under this

Schedule or the Electoral Affairs Commission Ordinance (Cap 541) are a charge on, and are payable from,
the general revenue.


48. Right of appeal to Revising Officer against decisions of Electoral Registration Officer


(1) A person who is dissatisfied with a decision of the Electoral Registration Officer made for the purposes of
this Schedule may appeal against the decision to a Revising Officer.

(2) The determination of a Revising Officer on such an appeal is final.
(3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as

the respondent at the hearing of the appeal.
(4) 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.


49. (Repealed 10 of 2006 s. 31)

(Amended E.R. 2 of 2012)

Related Laws