Page:Chief Executive Election Ordinance (Cap. 569).pdf/12

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CHIEF EXECUTIVE ELECTION ORDINANCE
Ord. No. 21 of 2001
A439


PART 4
Date of Poll and Nomination

10. Polling date

(1) Subject to section 11, the date of the poll at an election to return a candidate for appointment to fill the vacancy in the office of the Chief Executive that will arise under section 4(a) shall, where the first day of the period of 95 days expiring at the beginning of the day on which the vacancy will arise—

(a) is a Sunday, be that Sunday; or
(b) is not a Sunday, be the Sunday immediately preceding the commencement of that period.

(2) Subject to section 11, the date of the poll at an election to return a candidate for appointment to fill the vacancy in the office of the Chief Executive that arises under section 4(b) or (c) shall, where the 120th day after the date on which the office becomes vacant as specified under section 5(2)(b)—

(a) is a Sunday, be that Sunday; or
(b) is not a Sunday, be the Sunday immediately following that day.

(3) Nothing in this section or section 11 prevents any round of voting from being conducted on a day after the polling date if the operation of section 27 so requires.

11. Fixing new polling date under certain circumstances

(1) Where—

(a) a polling date is fixed in accordance with this section or section 10; and
(b) no candidate is validly nominated under section 17 at the close of nominations,

the new polling date shall, where the 42nd day after the close of nominations—

(c) is a Sunday, be that Sunday; or
(d) is not a Sunday, be the Sunday immediately following that day.

(2) Where—

(a) a polling date is fixed in accordance with this section or section 10; and
(b) the proceedings for the election are terminated under section 22(1),