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

28. Declaration and publication of result
(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.

29. Winning candidate presumed to be duly elected
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.

30. Member of Legislative Council deemed to have resigned if appointed to be Chief Executive
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.

31. Winning candidate to declare he is not a member of political party
(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; (Amended 15 of 2016 s. 25)

working day (工作日) has the meaning given by section 2A(1). (Added 15 of 2016 s. 25)

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

32. Election may be questioned only by election petition made on specified grounds
(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)—
(a) is to be construed subject to section 9B; and
(b) subject to paragraph (a), includes nomination proceedings and the decisions of the Candidate Eligibility Review Committee, the Returning Officer or any Assistant Returning Officer; (Replaced 14 of 2021 s. 400)

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).

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

33. Who may lodge election petition
(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; or (Amended 14 of 2021 s. 401)
(ii) (Repealed 14 of 2021 s. 401)(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.

34. Period within which election petition and appeal must be lodged
(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.
(3) In this section—

working day (工作日) means any day other than—
(a) a general holiday;
(b) a black rainstorm warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or
(c) a gale warning day as defined by that section. (Added 15 of 2016 s. 26)