CHIEF EXECUTIVE ELECTION ORDINANCE
Ord. No. 21 of 2001
29. Winning candidate presumed to be duly elected
A person declared under section 28 as elected at an election is presumed to be duly elected until he is ruled by the Court or the Court of Final Appeal pursuant to the determination of an election petition or otherwise as not duly elected.
30. Member of Legislative Council deemed to have resigned if appointed to be Chief Executive
If a Member of the Legislative Council is appointed to be the Chief Executive following his being returned at an election, he is deemed to have signed and given a notice of resignation from office as such Member under section 14 of the Legislative Council Ordinance (Cap. 542) specifying the date of the instrument appointing him to be the Chief Executive as the date on which the notice takes effect.
31. Winning candidate to declare he is not a member of political party
(1) A person declared under section 28 as elected at an election shall, within 7 working days after the declaration—
- (a) publicly make a statutory declaration to the effect that he is not a member of any political party; and
- (b) lodge with the Returning Officer a written undertaking to the effect that he will not, if appointed as the Chief Executive—
- (i) become a member of any political party; or
- (ii) do any act that has the effect of subjecting himself to the discipline of any political party,
during his term of office as the Chief Executive.
(2) In this section—
“political party” (政黨) means—
- (a) a political body or organization (whether operating in Hong Kong or elsewhere) which purports to be a political party; or
- (b) a body or organization the principal function or main object of which is to promote or prepare a candidate for election as a member of the Legislative Council or any District Council.