### Chief Executive Election Ordinance 《行政長官選舉條例》

6. Election to return candidate for appointment to fill vacancy in office
(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)

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

8. Constitution of Election Committee
(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(3)-(4) (Repealed 10 of 2006 s. 30)

### Chief Executive Election Ordinance 《行政長官選舉條例》

9. Term of office of Election Committee
(1) The term of office of the Election Committee is as prescribed by Annex I to the Basic Law. (Replaced 14 of 2021 s. 390)
(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)
(3) Despite subsection (2), for the year of 2021, the Election Committee is to be constituted on 22 October 2021. (Added 14 of 2021 s. 390)
(4) The term of office of the Election Committee constituted on 22 October 2021 ends on 21 October 2026. (Added 14 of 2021 s. 390)

9A. Establishment of the Candidate Eligibility Review Committee
(1) A Candidate Eligibility Review Committee is established for the purposes of Annexes I and II to the Basic Law, this Ordinance and such other purposes as may be prescribed by any other Ordinance.
(2) The Candidate Eligibility Review Committee is to consist of the following members—
(a)  the chairperson; 
(b) at least 2 but not more than 4 official members; and
(c) at least 1 but not more than 3 non-official members.
(3) Each member of the Candidate Eligibility Review Committee is to be appointed by the Chief Executive by notice published in the Gazette.
(4) Only a principal official appointed pursuant to a nomination under Article 48(5) of the Basic Law is eligible for appointment under subsection (3) as the chairperson or an official member referred to in subsection (2)(a) or (b).
(5) Only a person who is not a public officer is eligible for appointment under subsection (3) as a non-official member referred to in subsection (2)(c).
(6) The Chief Executive must report any appointment made under subsection (3) to the Central People’s Government for the record.

### Chief Executive Election Ordinance 《行政長官選舉條例》

9B. No legal proceedings may be instituted in respect of certain decisions made by Candidate Eligibility Review Committee
(1) According to Annex I to the Basic Law, no legal proceedings may be instituted in respect of a decision made by the Candidate Eligibility Review Committee on the eligibility of a candidate for membership of the Election Committee or a candidate for the office of Chief Executive pursuant to the opinion of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region.
(2)  In subsection (1)— 

candidate for membership of the Election Committee (選舉委員候選人) means—
(a) a person proposed to be registered as an ex-officio member in accordance with Part 2A of the Schedule;
(b) a person nominated as a nominee in accordance with Part 3 of the Schedule; or
(c) a person nominated as a candidate at a subsector election in accordance with Part 4 of the Schedule.

10. Polling date
(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.

### Chief Executive Election Ordinance 《行政長官選舉條例》

11. Fixing new polling date under certain circumstances
(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—
(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.

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