(1) 如在一般選舉舉行前,行政長官認為該項選舉相當可能受騷亂、公 開暴力或任何危害公安的事故妨礙、干擾、破壞或嚴重影響,則行政長官 可藉命令指示將該項選舉押後。
(1) The Chief Executive may, by order, direct the postponement of an ordinary election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.
(2) 如在就一般選舉進行投票或點票期間,行政長官認為投票或點票相 當可能受騷亂、公開暴力或任何危害公安的事故妨礙、干擾、破壞或嚴重 影響,或正受騷亂、公開暴力或任何危害公安的事故妨礙、干擾、破壞或 嚴重影響,則行政長官可藉命令指示將該項投票或點票押後。
(2) The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of an ordinary election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.
(3) 有關的選舉主任在接獲關於根據本條發出的指示的通知後,必須在 切實可行的範圍內盡快執行該項指示。
(3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.
(4) 如行政長官根據本條指示將一般選舉或一般選舉的投票或點票押後 ,行政長官必須藉憲報公告指明一個日期舉行選舉、投票或點票,以代替 被押後的選舉、投票或點票;該日期不得遲於自若非有該項指示則該項選 舉、投票或點票本會進行的日期起計的14天。
(4) If an ordinary election, or the polling or counting of votes at an ordinary election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting.
That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction.
(1) 如在某選區的選舉中,在候選人提名期結束後,只有一名獲有效提 名的候選人,則選舉主任必須按照根據《選舉管理委員會條例》(第541章 )訂立並正有效的規例,公開宣布該名候選人為妥為選出的民選議員。
(1) If, after the close of nomination of candidates for election for a constituency, only one candidate has been validly nominated, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare the candidate to be duly elected as an elected member.
(2) 如在某選區的選舉中,在候選人提名期結束後,沒有獲有效提名的 候選人,則選舉主任必須藉憲報公告宣布該項選舉未能完成。
(2) If, after the close of nomination of candidates for election for a constituency, no candidate was validly nominated, the Returning Officer must, by notice published in the Gazette, declare the election to have failed.
(1) 如在指明舉行選舉之日但在選舉投票結束前,選舉主任得悉獲有效 提名參加某選區的選舉的候選人巳去世或喪失當選資格,則選舉主任必須 按照根據《選舉管理委員會條例》(第541章)訂立並正有效的規例公開宣 布該選區的選舉程序終止。
(1) If, on the day specified for the holding of an election but before the close of polling for the election, it comes to the knowledge of the Returning Officer that a validly nominated candidate for election for a constituency has died or is disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541), publicly declare that the proceedings for the election for the constituency are terminated.
(2) 如在選舉投票結束後但在宣布選舉結果前,選舉主任得悉參加某選 區的選舉的任何候選人已去世或喪失當選資格,則該選區的選舉程序不得 在該階段終止。
(2) If, after the close of polling for an election but before declaring the result of the election, it comes to the knowledge of the Returning Officer that a candidate for election for a constituency has died or is disqualified from being elected, the proceedings for the election for the constituency are not to be terminated at that stage.
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.
如就該選舉進行的點票仍未開始或正在進行,則須開始進 行或繼續進行點票,猶如該候選人去世或喪失當選資格一事並無發生一樣 。
(2) If, after the close of polling for an election but before declaring the result of the election, it comes to the knowledge of the Returning Officer that a candidate for election for a constituency has died or is disqualified from being elected, the proceedings for the election for the constituency are not to be terminated at that stage.
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) 如在點票結束後,發覺第(2)款所提述的候選人在選舉中勝出,則 選舉主任必須按照根據《選舉管理委員會條例》(第541章)訂立並正有效 的規例公開宣布該項選舉未能完成。
(3) If, after the counting of votes is finished, the candidate referred to in subsection (2) 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 to have failed.
(a) 須在舉行選舉的每一選區或各選區內進行一次投票;及
(a) a poll shall be taken in each constituency or constituencies in which the election is held; and
(b) 投票須以不記名投票方式進行;及
(b) the voting at that poll shall be by secret ballot; and
(c) 選舉須按照《規例》及根據《選舉管理委員會條例》(第541章)訂 立並正有效的規例進行。
(c) the election shall be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (Cap 541).
(2) 投票及點票均須按照簡單或相對多數選舉制(亦稱為“得票最多者 當選”投票制)進行,根據該制度,每名選民只可投其中一名候選人一票 ,而選舉主任須宣布獲得最多票數的候選人為唯一當選的候選人。
(2) The votes shall be given and counted in accordance with the simple or relative majority system of election (otherwise known as the ""first past the post"" voting system) whereby the elector shall vote for not more than one of the candidates and the candidate to whom the greatest number of votes have been given shall be declared by the Returning Officer as the only candidate to be elected.
(3) 如在點票結束後,多於一名候選人同得最多票數,則選舉主任必須 以抽籤的方式決定選舉結果。
(3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.
The person on whom the lot falls must be determined by the Returning Officer to be the elected member for the constituency concerned.
選舉主任必須決定中籤者是有關的選區的民 選議員。
(3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots.
The person on whom the lot falls must be determined by the Returning Officer to be the elected member for the constituency concerned.
(4) 在決定選舉結果後,選舉主任必須在切實可行的範圍內盡快公開宣 布在選舉中勝出的候選人當選。
(4) As soon as practicable after determining the result of the election, the Returning Officer must publicly declare as elected the candidate who was successful at the election.
(5) 儘管有第(4)款的規定,如在宣布某選區的選舉結果前,選舉主任 得悉在選舉中勝出的候選人巳去世或喪失當選資格,則該選舉主任─
(5) Despite subsection (4), if, before declaring the result of an election for a constituency, it comes to the knowledge of the Returning Officer that the candidate who was successful at the election has died or is disqualified from being elected, that Officer-
(b) 必須根據第40(3)條公開宣布該項選舉未能完成。
(b) must publicly declare, under section 40(3), that the election has failed.
在為質疑選舉的有效性而提出的任何法律程序中,如原訟法庭覺得該項 選舉按照本條例及《選舉管理委員會條例》(第541章)所定的原則進行, 而─
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) 《規例》或根據《選舉管理委員會條例》(第541章)訂立並正有效 的規例未獲遵從;或
(a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); or
(b) 在使用提名表格方面有錯誤,
(b) a mistake in the use of a nomination form,
並沒有影響該項選舉的結果,則原訟法庭不得僅因該項不遵從或錯誤而 宣布該項選舉無效。
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.
(1) 如本條適用的文件所指明的人、所指明的某人的身分證明文件或所 指明的地方的姓名或名稱出錯,或對該人、身分證明文件或地方的描述不 準確,然而對該人、身分證明文件或地方的描述足以令一般人明暸所指的 人、身分證明文件或地方為何,則該出錯的姓名或名稱或不準確描述並不 限制該文件就該人、身分證明文件或地方具有十足效力。
(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.