District Councils (Subscribers And Election Deposit For Nomination) Regulation
| Statutory Instrument No. | Cap. 547 sub. leg. A |
| Year | 2024 |
| Type of Document | Subsidiary Legislation |
( Cap. 547, section 81 )
- In this Regulation, unless the context otherwise requires—
deposit ( 按金 ) means the deposit lodged under section 2(1) .
- an Assistant Returning Officer for the constituency; and
- the Chief Electoral Officer appointed under section 9 of the Electoral Affairs Commission Ordinance (Cap. 541). (1 of 2019 s. 69)
- The amount of deposit to be lodged by or on behalf of a candidate in respect of his nomination as a candidate in an election is $3,000.
- Where any deposit is lodged with a Returning Officer, he shall forthwith deposit it with the Director of Accounting Services.
- The deposit lodged by or on behalf of a person in respect of the person’s nomination as a candidate for a constituency at an election must be returned in accordance with this section if—
- a decision is made under section 36(1) of the Ordinance that the person is not validly nominated as a candidate for that constituency;
- the person withdraws the person’s nomination as a candidate for election in respect of that constituency under section 35 of the Ordinance; or
- a decision has been made under section 36(1) of the Ordinance that the person is validly nominated as a candidate for a constituency, and subsequently—
- a declaration that the person has died is made under section 36(2A)(a) of the Ordinance; or
- the decision under section 36(1) of the Ordinance is varied under section 36(4) of the Ordinance to the effect that the person is not validly nominated.
- The Returning Officer for the constituency concerned must, as soon as practicable after the following event, notify the Director of Accounting Services in writing that the deposit lodged by or on behalf of the candidate concerned is returnable to that candidate, or to the person who lodged the deposit on behalf of that candidate, as the case may be—
- for a case mentioned in subsection (1)(a) or (b)—the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of that constituency; or
- for a case mentioned in subsection (1)(c) —
- if no declarations mentioned in section 36(2A) or (4A) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or variation of decision—the publication under the appropriate regulations of a notice containing particulars of the candidates validly nominated in respect of that constituency; or
- if declarations mentioned in section 36(2A) or (4A) of the Ordinance are to be made in accordance with the appropriate regulations in relation to the death or variation of decision—the making of those declarations.
- The Director of Accounting Services must, as soon as practicable after receiving a notification under subsection (2), return the amount of the deposit to the candidate, or to the person who lodged the deposit on behalf of that candidate, as specified in the notification.
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