Returning Officer decides eligibility

October 13, 2018

The Electoral Affairs Commission does not have any statutory power with decisions made by the Returning Officer in the nomination procedure.


In response to media enquiries about the 2018 Legislative Council Kowloon West Geographical Constituency By-election, the commission said the eligibility to be nominated as a candidate, disqualification from being nominated as a candidate, and the requirements that nominated candidates must comply with, are set out in the Legislative Council Ordinance.


It reiterated that whether a candidate’s nomination is valid or not is determined by the Returning Officer according to the requirements under the law.


The commission will make practical arrangements for the elections after receiving the list of validly nominated candidates, it said.


In accordance with the Electoral Affairs Commission Regulation, if the Returning Officer decides a nomination is invalid, his or her decision and reasons must be endorsed on the nomination form, which will be made public.


Anyone can make an election petition to question the result of an election if he or she is disqualified from being a candidate at an election, it added.


The commission said it will ensure that the Legislative Council by-election is conducted in an open, honest and fair manner.

Back to top