### District Councils Ordinance 《區議會條例》

40. Death or disqualification of validly nominated candidate on date of election
(1) Subsections (2) and (3) apply if, on the date of an election but before the result of the election is declared—
(a) proof is given to the satisfaction of the Returning Officer that a validly nominated candidate for election for a constituency has died; or
(b) proof is given to the satisfaction of the Eligibility Review Committee that a validly nominated candidate for election for a constituency is disqualified from being elected.
(2) In the circumstances mentioned in subsection (1)(a) or (b)—
(a) the proceedings for the election for the constituency are not to be terminated at that stage;
(b) if the polling for the election has not begun or is being conducted, the polling is to begin or to continue as if the death or disqualification had not occurred; and
(c) if the counting of votes in respect of the election has not begun or is being conducted, the counting of votes is to begin or to continue as if the death or disqualification had not occurred.
(3) If, after the counting of votes is finished, the candidate referred to in subsection (1) is found to be successful at the election, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the election—
(a) to have failed; or
(b) (where more than one member is to be returned at the election for the constituency and there is another candidate or there are other candidates elected for the constituency) to have failed to the extent that the number of candidates returned at the election for the constituency was less than the number of members to be returned for the constituency.
(Replaced 19 of 2023 s. 39)

41. How election is to be conducted
(1) At every contested election to return a member for a constituency—
(a) a poll is to be taken of the electors of the constituency; and
(b) the voting at the poll is to be by secret ballot.
(2) A poll is to be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).
(3) The Returning Officer appointed for a constituency is responsible for supervising an election for the constituency in accordance with this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541).
(Replaced 19 of 2023 s. 39)

### District Councils Ordinance 《區議會條例》

41A. System of voting and counting of votes: District Committees constituencies
(1) Voting and counting of votes at a poll for the return of members for a District Committees constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector of the District Committees constituency is entitled to vote for a number of candidates that is equal to the number of vacancies.
(2) At an election, an elector for a District Committees constituency is entitled to cast the same number of votes as the number of members to be returned for the constituency at that election.
(3) The votes cast by an elector for a District Committees constituency at an election are valid only if the elector has cast all the votes under the elector’s entitlement for that election as specified in subsection (2) and no more.
(4) The candidates to be returned as members for a District Committees constituency at an election 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 returned for the constituency at that election.
(5) If, after the counting is finished at an election for a District Committees constituency, a member or members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—
(a) the Returning Officer must determine the result of the election for the purpose of returning the member or members still to be returned by drawing lots; and
(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.
(6) Subject to subsection (7), as soon as practicable after determining the result of an election for a District Committees constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.
(7) If a candidate referred to in section 40(1)(a) or (b) was successful at the election for the constituency, the Returning Officer must not declare the candidate as elected.
(Added 19 of 2023 s. 40)

### District Councils Ordinance 《區議會條例》

41B. System of voting and counting of votes: District Council geographical constituencies
(1) Voting and counting of votes at a poll for the return of members for a District Council geographical constituency is to be conducted in accordance with the simple or relative majority system of election (otherwise known as the “first past the post” voting system) whereby an elector of the District Council geographical constituency is entitled to vote for 1 candidate.
(2) The candidates to be returned as members for a District Council geographical constituency at an ordinary election are the 2 candidates who obtain the greatest and next greatest numbers of votes.
(3) Subsection (2) applies with any necessary modifications to a by-election to fill vacancies among the members to be returned for a District Council geographical constituency.
(4) If, after the counting is finished at an election for a District Council geographical constituency, 1 or 2 members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes—
(a) the Returning Officer must determine the result of the election for the purpose of returning the member or members still to be returned by drawing lots; and
(b) the candidate or candidates on whom the lot falls is or are to be returned at the election.
(5) Subject to subsection (6), as soon as practicable after determining the result of an election for a District Council geographical constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.
(6) If a candidate referred to in section 40(1)(a) or (b) was successful at the election for the constituency, the Returning Officer must not declare the candidate as elected.
(Added 19 of 2023 s. 40)

42. Consequences of non-compliance with requirements of this Ordinance
In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of—
(a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or
(b) a mistake in the use of a nomination form,
if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (Cap. 541) and that the failure to comply or mistake did not affect the result of the election.