### Legislative Council Ordinance 《立法會條例》

52A. System of voting and counting of votes: Election Committee constituency
(1) Voting and counting of votes at a poll for the return of Members for the Election Committee 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 may vote for a number of candidates that is equal to the number of vacancies.
(2) At a general election, a member of the Election Committee is entitled to cast 40 votes for the candidates validly nominated for election for the Election Committee constituency.
(3) At a by-election to fill a vacancy among the Members to be returned for the Election Committee constituency, a member of the Election Committee is entitled to cast the same number of votes as the number of Members to be returned at the by-election.
(4) The votes cast by a member of the Election Committee at a general election or at a by-election are valid only if the member has cast all the votes under the member’s entitlement for that general election or by-election as specified in subsection (2) or (3) and no more.
(5) The candidates to be returned as Members for the Election Committee constituency at a general election are the 40 candidates who obtain the greatest and next 39 greatest numbers of votes.
(6) Subsection (5) applies with any necessary modifications to a by-election to fill vacancies among the Members to be returned for the Election Committee constituency.
(7) If, after the counting is finished at an election for the Election Committee 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.
(8) Subject to subsection (10), as soon as practicable after determining the result of an election for the Election Committee constituency, the Returning Officer must publicly declare as elected the candidate or candidates who were successful at the election.
(9) Subsection (10) applies if, before declaring the result of an election for the Election Committee constituency—
(a) proof is given to the satisfaction of the Returning Officer that the candidate or a candidate who was successful at the election (successful candidate

### Legislative Council Ordinance 《立法會條例》

53. When an elector is disqualified from voting at an election
(1) A person registered as an elector for a geographical constituency or functional constituency is disqualified from voting at an election for that constituency if the person— (Amended 14 of 2021 s. 324)
(a) in the case of a geographical constituency, has ceased to be eligible to be registered as an elector for such a constituency; or
(b) in the case of a functional constituency, has ceased to be a person eligible to be registered as an elector for such a constituency. (Amended 48 of 1999 s. 37)
(2)-(3) (Repealed 25 of 2003 s. 36)(3A) A member of the Election Committee is disqualified from voting at an election for the Election Committee constituency if the member falls within any paragraph of section 26 of the Chief Executive Election Ordinance (Cap. 569). (Added 14 of 2021 s. 324)
(4) A person is disqualified from voting at an election as the authorized representative of a corporate elector if the person—
(a) is no longer eligible to be the authorized representative of the elector; or
(b) is not registered as such a representative by the Electoral Registration Officer.
(5) An elector is also disqualified from voting at an election if the elector— (Amended 25 of 2003 s. 36)
(a)-(c) (Repealed 7 of 2009 s. 8)(d) is found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or (Replaced 25 of 2003 s. 36)
(e) is a member of the armed forces of the Central People’s Government or any other country or territory.
(6) Subsection (5) applies to the authorized representative of a corporate elector in the same way as it applies to an elector who is a natural person.

54. 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.

### Legislative Council Ordinance 《立法會條例》

55. 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 register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election.

56. Election to be presumed to be valid
Every election is presumed to be valid until— (Amended 18 of 2011 s. 5)
(a) the Court determines, on the hearing of an election petition, that the election is invalid; or
(b) the Court of Final Appeal determines, on hearing an appeal against the Court’s determination, that the election is invalid.
(Amended 18 of 2011 s. 5)

57. Election not to be questioned only because of defect in the appointment of an electoral officer
An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election.

58. Returning Officer to publish result of election
(1) The Returning Officer for an election to return Members for a geographical constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency.
(2) The Returning Officer for an election to return a Member or Members for a functional constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the Members duly elected for the constituency.
(3) (Repealed 25 of 2003 s. 37)(3A) The Returning Officer for an election to return Members for the Election Committee constituency must publish in the Gazette a notice declaring that the candidates returned at the election are the Members duly elected for the constituency. (Added 14 of 2021 s. 325)
(4) The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

58A. Candidate declared to be returned is presumed to be duly elected
Subject to section 72(1A), a person declared under section 58 as returned at an election is presumed to be duly elected until he or she is ruled by the Court or the Court of Final Appeal, on the determination of an election petition or appeal, as not duly elected.
(Added 18 of 2011 s. 6)