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

36. By-election to be held to fill vacancy in membership of Legislative Council
(1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), arrange for a by-election to be held in the following circumstances and not otherwise—
(a) on the making of a declaration as to the existence of a vacancy in the membership of the Legislative Council under section 35;
(b) (Repealed 14 of 2021 s. 308)(c) on the making of a declaration under section 46(2) that an election for a constituency has failed because no candidates were validly nominated for election or because the number validly nominated for election was less than the number of Members to be returned for the constituency; (Amended 25 of 2003 s. 19)
(ca) (Repealed 14 of 2021 s. 308)(cb) on the making of a declaration under section 46A(3) that an election for a constituency has failed— (Amended 25 of 2003 s. 19)
(i) because of the death or disqualification of the successful candidate at the election; or
(ii) because the number of candidates returned at the election was less than the number of Members to be returned for the constituency due to the death or disqualification of a successful candidate; (Added 48 of 1999 s. 21. Amended 25 of 2003 s. 19)
(d) subject to sections 70A and 72(1A), on the Court’s making a determination under section 67 that a person whose election is questioned was not duly elected and that no other person was duly elected instead; (Amended 48 of 1999 s. 21; 18 of 2011 s. 3)
(e) if an appeal against a determination referred to in paragraph (d) is lodged to the Court of Final Appeal—
(i) on the Court of Final Appeal’s making a determination under section 70B that a person whose election is questioned was not duly elected and that no other person was duly elected instead; or
(ii) on the termination of the appeal proceedings in other circumstances. (Added 18 of 2011 s. 3)
(2) However, a by-election to fill a vacancy occurring in the membership of the Legislative Council is not to be held—
(a) within the 4 months preceding the end of that Council’s current term of office; or
(b) if the Chief Executive has published in the Gazette an order dissolving that Council in accordance with the Basic Law.

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

42. Withdrawal of candidate’s nomination
(1) A candidate may withdraw the candidate’s nomination for election at any time before the close of nominations for the election and not otherwise.
(2) The withdrawal of a candidate’s nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) for the purposes of this section.

42A. Who are validly nominated candidates
(1) The Candidate Eligibility Review Committee must, as soon as practicable after a nomination form that complies with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) is submitted in accordance with those regulations, decide in accordance with Annex II to the Basic Law and those regulations whether or not the person to whom the form relates is validly nominated as a candidate. (Replaced 14 of 2021 s. 314)
(2) The Candidate Eligibility Review Committee must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publish a notice stating which persons are validly nominated as candidates. (Amended 14 of 2021 s. 314)
(Added 48 of 1999 s. 26)

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

46. What is to happen if insufficient candidates are nominated
(1) If, after the close of nomination of candidates for election for a constituency, no more candidates have been validly nominated than the number of Members to be returned for the constituency, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541), publicly declare the candidate or candidates to be duly elected as a Member or as Members.
(2) If, after the close of nomination of candidates for election for a constituency, no candidates were validly nominated or the number validly nominated was less than the number of Members to be returned for the constituency, the Returning Officer must, by notice published in the Gazette, declare the election to have failed or, as the case may be, to have failed to the extent that the number of candidates validly nominated was less than the number of Members to be returned.
(Amended 25 of 2003 s. 28)

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

46A. Death or disqualification of a validly nominated candidate before declaration of election result
(1) Subsections (2) and (3) apply if, on the date of an election but before declaring the result of the election—
(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 Candidate Eligibility Review Committee that a validly nominated candidate for election for a constituency is disqualified from being elected. (Replaced 14 of 2021 s. 318)
(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. (Replaced 14 of 2021 s. 318)
(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— (Amended 14 of 2021 s. 318)
(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 returned 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. 
(4) (Repealed 14 of 2021 s. 318)(Added 48 of 1999 s. 31. Amended 25 of 2003 s. 29)

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

47. How election is to be conducted
(1) At every contested election to return a Member for a constituency— (Amended 25 of 2003 s. 30)
(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).
(Amended 25 of 2003 s. 30)