(Cap 161, section 33) [5 July 1996] L.N. 328 of 1996 (L.N. 227 of 1996) Cap 161B s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1996) Cap 161B s 2 Interpretation In this Regulation, unless the context otherwise requires- "election" (选举) means an election held for the purpose of filling an office in the Council under section 3(2)(j) of the Ordinance; "elector" (选举人) means a registered medical practitioner who is qualified to vote in an election; "nomination closing date" (提名结束日期) means the date on or before which nominations of candidates for an election must be received by the Secretary and specified in the notice of election in respect of that election; "notice of election" (选举通知) means a notice issued under section 6 or 7; "petition" (呈请) means an election petition presented under section 30. (Enacted 1996) Cap 161B s 3 Timing of election PART II QUALIFICATIONS AND NOTICE OF ELECTION An election is to be held each year in a month to be decided by the Council. (Enacted 1996) Cap 161B s 4 Qualifications for nomination as a candidate and disqualification for election and holding office (1) A registered medical practitioner who- (a) has been registered in Part I of the General Register for at least 2 months immediately before the issue of a notice of election; (b) has been ordinarily resident in Hong Kong for the 12 months immediately before the date of his nomination; and (c) is not disqualified under subsection (2), is qualified for nomination as a candidate in an election. (2) A registered medical practitioner is disqualified from being nominated in an election or holding office under section 3(2)(j) of the Ordinance if- (a) he is the subject of an order of the Council made under section 21 or 21A of the Ordinance; (b) he has been convicted in Hong Kong or elsewhere of any offence punishable with imprisonment; (c) he is nominated as a candidate for election to fill a vacancy in an office under section 3(2)(i) of the Ordinance, irrespective of whether or not he is subsequently elected to that office under that section; (d) he is an undischarged bankrupt or, within the previous 5 years, he has either obtained his discharge in bankruptcy or has entered into composition with his creditors, in either case without paying his creditors in full; (e) he has been convicted of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); or (10 of 2000 s. 47) (f) he has committed a corrupt practice or an illegal practice within the meaning of section 29 in a previous election. (Enacted 1996) Cap 161B s 5 Qualifications of electors, proposers and seconders (1) A registered medical practitioner who has been registered in Part I or III of the General Register for at least 2 months immediately before the issue of a notice of election is qualified to vote in the election which is the subject of that notice. (2) A registered medical practitioner who has been registered in Part I or III of the General Register for at least 2 months immediately before the issue of a notice of election is qualified to subscribe to the nomination of a candidate in the election which is the subject of that notice as a proposer or seconder. (Enacted 1996) Cap 161B s 6 Notice of election At least 15 weeks before the holding of an election, other than an election to fill a casual vacancy under section 7, the Secretary shall issue to all electors a notice of election in Form 1 in Schedule 1 stating that nominations of candidates for election must be received by him, at the address specified in the notice, on or before such date ("the nomination closing date") as may be specified in the notice. (Enacted 1996) Cap 161B s 7 Election to fill casual vacancy where unexpired period is not less than 1 year Where the office of a member of the Council under section 3(2)(j) of the Ordinance becomes vacant and the unexpired period of his office at the time the vacancy arises is not less than 1 year, the Secretary shall, within 30 days after the vacancy has come to his knowledge, issue to all electors a notice of election in Form 1 in Schedule 1 stating the particulars set out in section 6. (Enacted 1996) Cap 161B s 8 Filling of casual vacancy where unexpired period is less than 1 year (1) Where the office of a member of the Council under section 3(2)(j) of the Ordinance becomes vacant and the unexpired period of his office at the time the vacancy arises is less than 1 year, the Secretary shall forthwith notify the Chairman and members of the Council of the vacancy and invite nomination of candidates from them. (2) A nomination of candidate pursuant to an invitation under subsection (1) or (4) must- (a) be in Form 3 in Schedule 1; (b) be subscribed by 2 members of the Council, one of whom may be the Chairman, as proposer and seconder respectively, and be accompanied by the signification of consent to the nomination from the nominated candidate; and (c) reach the Secretary within 1 month of the date of the invitation. (3) Where, on the expiry of the 1 month period, the number of nominated candidates is the same as the number of vacancies, no meeting of the Council for the purpose of electing the candidates is required and the Secretary shall forthwith circulate the particulars of the nomination in the form of a Council paper for the endorsement of the Council. (4) On endorsement by the Council, the candidates nominated are appointed under section 3(5B) of the Ordinance to fill the vacancies. If the Council does not endorse the result, the Secretary shall forthwith send out notices to members of the Council to further invite nominations from them. (5) Where, on the expiry of the 1 month period, the number of nominated candidates exceeds the number of vacancies, the Secretary shall forthwith notify the Chairman to convene a meeting for the purpose of electing the candidates to fill the vacancies. (6) Upon a notification under subsection (5), the Chairman may direct the Secretary to fix a date for a meeting for that purpose to be held within 2 months from the date of the expiry of the 1 month period. (7) Election at the meeting is to be made by ballot of the members present and the candidate or candidates with the highest votes, depending on the number of vacancies, are elected. No proxy is allowed at this meeting. In case of equal votes between the candidates, the Chairman has a casting vote. (8) The Council shall appoint the candidate or candidates elected under subsection (7), to fill the vacancy or vacancies under section 3(5B) of the Ordinance. (9) The following provisions of this Regulation do not apply to an election under this section. (Enacted 1996) Cap 161B s 9 Requirements for nomination as a candidate PART III NOMINATION OF CANDIDATES (1) Subject to sections 10 and 11, a candidate is to be nominated in a nomination paper in Form 2 in Schedule 1. (2) A registered medical practitioner is not validly nominated as a candidate unless he has signed and indicated his consent to nomination and has made a declaration of qualification in Part II of the nomination paper nominating him. (3) The duly completed nomination paper must be sent by post by the candidate, or by any person who has subscribed the nomination paper as proposer or seconder, to the Secretary at the address specified in the nomination paper on or before the nomination closing date. The date of the post mark concerned is taken to be the date of delivery of the nomination paper. (Enacted 1996) Cap 161B s 10 Subscription of nomination paper (1) The nomination paper of a candidate must be subscribed by 2 electors as proposer and seconder respectively. (2) No elector shall at any election subscribe more nomination papers than there are vacancies to be filled at an election. (3) Where an elector subscribes nomination papers in contravention of subsection (2), only those nomination papers (up to the permitted number) which are first received by the Secretary are treated as valid. (Enacted 1996) Cap 161B s 11 Requirement for candidates to be validly nominated and decisions as to validity of nominations (1) No person shall stand for election as a candidate unless he is validly nominated as such candidate pursuant to this Part, and the question whether or not he is validly nominated as a candidate is to be decided by the Secretary. (2) The Secretary shall examine each nomination paper as soon as practicable after it is received by him and decide whether the candidates purported to be nominated in the nomination papers have been validly nominated. (3) The Secretary is entitled to decide that a nomination is invalid if, but only if - (a) the particulars of the candidate or any elector subscribing to the nomination paper given in the nomination paper do not conform with this Regulation; (b) proof is given to the satisfaction of the Secretary of the death of the candidate or that he is not qualified for nomination or that he is disqualified from being nominated as a candidate; or (c) the nomination paper is received by the Secretary after the nomination closing date. (4) Where the Secretary decides that a nomination is invalid, he shall endorse and sign on the nomination paper to this effect and give the reasons for his decision. (5) The Secretary shall send notice of his decision as to whether a nomination is valid to the candidate at the candidate's registered address stated in the nomination paper. (6) The decision of the Secretary that a nomination is valid or invalid, as the case may be, is final. (Enacted 1996) Cap 161B s 12 Withdrawal of nomination A candidate may withdraw his nomination by sending to the Secretary at the specified address a notice in Form 4 in Schedule 1 signed by him in the presence of a witness who must also be an elector (who shall also sign the notice), not later than the day following the nomination closing date. (Enacted 1996) Cap 161B s 13 Notice of result of nominations PART IV RESULTS OF NOMINATION Except where section 15 applies and subject to section 16, the Secretary shall, not later than 45 days after the nomination closing date, issue to all electors a notice of result of nominations in Form 5 in Schedule 1 of all nominations received by him by the nomination closing date. (Enacted 1996) Cap 161B s 14 Poll to be conducted in contested election (1) A poll is to be conducted where at the end of the day following the nomination closing date the number of validly nominated candidates who have not withdrawn under section 12 exceeds the number of vacancies. (2) If a poll is to be conducted, the Secretary shall issue to all electors ballot papers in Form 7 in Schedule 1 for the purpose of a poll at the same time as he issues the notice of result of nominations under section 13. (Enacted 1996) Cap 161B s 15 Declaration of election result where number of candidates is same as number of vacancies Where at the end of the day following the nomination closing date the number of validly nominated candidates who have not withdrawn under section 12 is the same as the number of vacancies, the Secretary shall declare those validly nominated candidates elected to fill those vacancies, and unless section 25 applies, the Secretary shall proceed to declare the overall result of the election under section 24. (Enacted 1996) Cap 161B s 16 Procedure where no candidates are nominated or vacancies exceed number of candidates nominated (1) Where at the end of the day following the nomination closing date no candidate is validly nominated or every validly nominated candidate has withdrawn under section 12, the Secretary shall, not later than 30 days after the nomination closing date - (a) declare that result of nominations in the notice of result of nominations issued under section 13; and (b) at the same time issue to all electors a notice of election in Form 1 in Schedule 1 stating the particulars set out in section 6, and Part III and this Part apply accordingly. (2) Where at the end of the day following the nomination closing date the number of validly nominated candidates who have not withdrawn under section 12 is less than the number of vacancies, the Secretary shall, not later than 30 days after the nomination closing date - (a) subject to section 25, declare those candidates elected in the notice of result of nominations issued under section 13 in Form 5 in Schedule 1; and (b) except where the Secretary elects not to call for further nominations under subsection (3), in respect of any remaining vacancy, at the same time issue to all electors a notice of election in Form 1 in Schedule 1 stating in respect of that vacancy the particulars set out in section 6, and Part III and this Part apply accordingly. (3) Where a notice of election is issued under subsection (1) or (2), and at the end of the day following the nomination closing date in respect of such election any vacancy remains (either because no candidate is validly nominated or every validly nominated candidate has withdrawn under section 12 or because the number of validly nominated candidates who have not withdrawn under section 12 is less than the number of vacancies), the Secretary may, unless the Council is sooner dissolved, elect not to call for further nominations until the expiration of three and a half months from the date of issue of the previous notice of election. (4) As soon as practicable after the expiration of the three and a half months period under subsection (3), the Secretary shall, in respect of the remaining vacancy, issue to all electors a notice of election in Form 1 in Schedule 1 stating the particulars set out in section 6 in respect of another election to be held, and Part III and this Part apply accordingly. (Enacted 1996) Cap 161B s 17 Election countermanded (1) Where at any election proof is given to the satisfaction of the Secretary before the result of the election is declared under section 24 that a candidate has died, is not qualified to be nominated or has become disqualified from being elected, the Secretary shall, as soon as possible, issue to all electors a notice in Form 6 in Schedule 1, stating that the election is countermanded and stating the particulars set out in section 6 in that notice in respect of another election to be held. (2) Part III and this Part apply accordingly to a notice issued under this section as they apply to a notice of election issued under section 6. (Enacted 1996) Cap 161B s 18 Powers of the Secretary in relation to polling PART V POLLING The Secretary may, in relation to a poll- (a) delegate to such deputy or assistant secretaries or clerical staff of the Medical Council Secretariat the duties of verification, recording and counting of ballot papers; (b) authorize the replacement of spoilt ballot papers under section 20; and (c) declare any ballot paper to be void. (Enacted 1996) Cap 161B s 19 Votes to be given by postal ballot At every poll to be conducted under this Regulation, voting is by ballot to be sent by post to the address and by the date specified by the Secretary in the notice of result of nominations. The date of the relevant post mark is taken to be the date of delivery of the ballot. (Enacted 1996) Cap 161B s 20 Ballot paper (1) A ballot paper must- (a) be in Form 7 in Schedule 1; (b) contain the name and registered address of each candidate as shown in the notice of result of nominations; and (c) bear a serial number and the date and description of the election. (2) Every ballot paper submitted must be personally signed by the elector and no proxy is allowed. (3) An elector shall not submit more than one ballot paper in each polling and if he submits more than one ballot paper, all the ballot papers submitted by him are void. (4) An elector who has inadvertently marked, mutilated or otherwise spoilt his ballot paper may, only on returning the spoilt original ballot paper to the Medical Council Secretariat, obtain another ballot paper in place of the spoilt one, and the spoilt ballot paper must immediately be cancelled on issue of the replacement. (5) The Secretary or officers authorized by him shall verify the details of each ballot paper before it is accepted and recorded. (Enacted 1996) Cap 161B s 21 Counting of votes Within 30 days after the closing of the poll, the Secretary shall, in the presence of such persons as the Chairman may permit, verify, record and count the number of votes for each candidate in the poll. (Enacted 1996) Cap 161B s 22 Rejected ballot papers not to be counted (1) The Secretary may reject any ballot paper- (a) which is unmarked, not clearly marked, incomplete or has been altered; (b) which is marked with more "X"s than there are vacancies; (c) which is duplicated; (d) which is not personally signed by the elector; (e) which is substantially mutilated; (f) which is void for uncertainty or which he otherwise determines to be void for uncertainty; (g) which is not the original ballot paper bearing a serial number; (h) where he is satisfied that the ballot paper is submitted by a person other than the elector to whom the ballot paper was issued; (i) which is returned out of date or postmarked after the last day for receiving the ballot papers. (2) The decision of the Secretary in respect of any ballot paper is final and cannot be questioned in any proceeding whatsoever except by a petition under this Regulation. (3) Any ballot paper that is rejected by the Secretary under subsection (1) is not to be counted. (Enacted 1996) Cap 161B s 23 Endorsement of rejected ballot papers The Secretary shall endorse the word "REJECTED" on any ballot paper which he has rejected under section 22. (Enacted 1996) Cap 161B s 24 Result of election and declaration of result PART VI RESULT OF ELECTION AND FIRST ELECTION (1) In the case of a single vacancy, the Secretary shall declare the candidate who has obtained the highest number of votes to be elected. (2) In the case of more than one vacancy, the Secretary shall, subject to subsection (3), declare the candidates who have obtained the highest and the next highest, and where applicable, the higher number of votes in respect of those vacancies to be elected. (3) Where more than one candidate has obtained the same number of votes in respect of a single vacancy or the only remaining vacancy, the result of election to that vacancy is to be determined by a postal ballot of the members of the Council in office at that time. The candidate who receives the highest number of votes from the Council members is deemed to have received the additional votes. In case of equal votes from the Council members, the Chairman has a casting vote. No proxy is allowed in the postal ballot. (4) When, in the opinion of the Secretary, the overall result of an election is ascertained, whether by polling, under section 15, 16 or 25, or a combination of these manners, and notwithstanding any vacancy remaining (if any) under section 16(3), the Secretary may- (a) publish a notification of the result of election in the Gazette; and (b) issue to all registered medical practitioners a notice of result of election in Form 8 in Schedule 1 informing them the result. (Enacted 1996) Cap 161B s 25 Special provisions relating to first election (1) In the first election to the offices under section 3(2)(j) of the Ordinance and if a poll is conducted- (a) the 3 candidates who have received the highest number of votes shall hold office for 3 years; (b) the 2 candidates who have received the next highest number of votes shall hold office for 2 years; (c) the 2 candidates who have received the next highest number of votes after the previous 5 candidates shall hold office for 1 year. (2) Where in the first election, the number of validly nominated candidates who have not withdrawn under section 12 is exactly 7, the Council shall convene a meeting to determine the respective terms of office of the elected candidates. The Secretary shall not declare those candidates elected until the Council has determined their respective terms of office. (3) Where in the first election, the number of validly nominated candidates who have not withdrawn under section 12 is less than 7, those candidates are elected and the Council shall convene a meeting to determine the respective terms of office of those candidates. The Secretary shall not declare those candidates elected under section 16(2)(a) until the Council has determined their respective terms of office. (4) After the Council has determined the respective terms of office of the elected candidates under subsection (3), the Secretary shall proceed in accordance with section 16(2) and shall specify the terms of office in respect of the remaining vacancies in the notice of result of nominations issued under that section. (Enacted 1996) Cap 161B s 26 Failure to assume office (1) If an elected candidate fails or refuses to assume the office of member of the Council within 3 months from the date of notification in the Gazette of the result of election and where a poll has been conducted in that election, the Council may, instead of declaring the office vacant, by notice in the Gazette, declare the candidate who has obtained the next highest number of votes as compared to those candidates who have been declared elected in that poll to have been elected in the poll. (2) On publication of the notice in the Gazette, the candidate who fails or refuses to assume office is deemed not to have been elected in the poll and the candidate who is declared to have been elected in replacement is deemed to have held office as from the date of the original notification in the Gazette of the result of election until the expiration of the term of the office which the candidate being replaced would have held had he assumed office. (Enacted 1996) Cap 161B s 27 Disposal of documents PART VII DOCUMENTS AND THEIR DISPOSAL (1) The Secretary shall, except where there is an election petition presented under section 30, keep in his custody for a period of 3 months from the date of the closing of the election all ballot papers and relevant documents received by him in relation to that election and arrange for those papers and documents to be destroyed after the expiration of that period. (2) Where there is an election petition, the Secretary shall keep in his custody for a period of 3 months from the date of the determination or the withdrawal of the petition, as the case may be, all ballot papers and relevant documents received by him in relation to that election and arrange for those papers and documents to be destroyed after the expiration of that period. (Enacted 1996) Cap 161B s 28 Prohibition of inspection of ballot paper Except by permission of the Chairman under section 37, no person shall be allowed to inspect any documents in the custody of the Secretary under this Regulation. (Enacted 1996) Cap 161B s 29 Questioning of election by election petition PART VIII ELECTION PETITION (1) An election may only be questioned by a petition in writing presented under section 30 on the ground that the candidate declared to be elected under section 16, 24 or 26 was not duly elected by reason of- (a) his disqualification under section 4(2); or (b) the commission of a corrupt practice or an illegal practice by or in respect of that candidate or the commission of such practice generally at or in respect of that election; or (c) any material irregularity relating to the procedure of counting in respect of that election. (2) For the purpose of this section- "corrupt practice" (舞弊行为) means an act prohibited under Schedule 2; "illegal practice" (非法行为) means an act prohibited under Schedule 3. (Enacted 1996) Cap 161B s 30 Who may present an election petition An election petition may be presented by either 10 electors entitled to vote at the contested election, or by any one of the validly nominated candidate at that election. (Enacted 1996) Cap 161B s 31 Respondent to a petition Where a petition is on the ground set out in section 29(1)(c), the Secretary or, where appropriate, his authorized representative who has supervised the counting in that election, may be made a respondent to the petition. Otherwise the candidate whose election is being questioned by the petition is to be made a respondent to the petition. (Enacted 1996) Cap 161B s 32 Time within which petition may be presented A petition must be presented within 30 days from the date when the relevant candidate is first declared to be elected under section 16, 24 or 26. (Enacted 1996) Cap 161B s 33 Presentation of petition (1) A petition must be in writing, signed by the petitioner, or each petitioner if there is more than 1, and must be presented by serving a copy of the petition on the Chairman. (2) A petition must state- (a) in which of the capacities mentioned in section 30 the petitioner presents the petition; (b) the particular matter or result of the election being questioned; and (c) the grounds on which the petition is based. (3) The petitioner shall, at the same time as he presents the petition, serve a copy of it on the respondent. (Enacted 1996) Cap 161B s 34 Fixing date for hearing and dismissal of petition (1) On being served with a petition under section 33, the Chairman shall examine the petition. (2) If- (a) any requirement of section 33 is not complied with in relation to a petition; or (b) the grounds on which the petition is based do not fall within the grounds specified in section 29, the Chairman may dismiss the petition. (3) Unless the Chairman dismisses a petition, the Chairman shall direct the Secretary to fix the date, time and place of the hearing of the petition and the Secretary shall give 14 clear days' notice of the hearing to the petitioner and the respondent. (4) Where more than 1 petition is presented relating to the same election, the Chairman may order those petitions to be consolidated in such manner as he thinks fit in order that they may be heard at the same time or one immediately after the other. (Enacted 1996) Cap 161B s 35 Matters before hearing (1) Before the hearing of a petition, the Chairman may direct the Secretary to review the procedure or result of the election being questioned. (2) If the petitioner or the respondent wishes to submit any written representation relating to a petition for consideration by the Council at the hearing, the petitioner or the respondent, as the case may be, shall send the representation to the Council not less than 7 days before the date fixed for the hearing and shall at the same time serve a copy of the representation on the other party. (Enacted 1996) Cap 161B s 36 Withdrawal of petition At any time before the hearing of a petition, the petitioner may withdraw the petition by notice in writing addressed to the Chairman, and serving a copy of the notice on the respondent. (Enacted 1996) Cap 161B s 37 Hearing of petition (1) For the purpose of hearing a petition, the quorum of the Council is 5, including the Chairman. (2) The petitioner and the respondent may each appear at the hearing of the petition and may be heard in person or by solicitor or counsel. If the petition is presented by more than 1 elector, they may appear at the hearing of the petition by a representative elected among themselves. (3) The petitioner and the respondent, by himself or through solicitor or counsel, is each entitled to make opening statements, to call witnesses, to cross-examine any witnesses called by the other party and to address the Council. (4) On the hearing of a petition complaining that the respondent was not duly elected and claiming the office for some other candidate, the respondent may give evidence to prove that that other candidate was not duly elected in his place, in the same manner as if he had presented a petition questioning the election of that candidate. (5) If the petitioner or the respondent or both of them fail to appear, by himself or through solicitor or counsel, at the hearing, the Council may- (a) adjourn the hearing to a later date; (b) proceed to hear the petition in the absence of the party or parties; or (c) where it is the petitioner who fails to appear, dismiss the petition. (6) If the Council hears a petition in the absence of any party, it shall consider the representation, if any, submitted by that party under section 35(2). (7) A petition is to be heard in private. (8) The Chairman may- (a) extend the time appointed in this Part for doing any thing notwithstanding that the time appointed may have expired; (b) postpone the day or time fixed, or adjourn the hearing of, a petition; (c) at the request of the petitioner or respondent, by notice in writing summon any person to appear before the Council on the hearing of a petition and examine him as a witness either on oath or otherwise; (d) at the hearing of a petition and subject to the giving to the Chairman of at least 7 days' written notice of inspection before the hearing specifying the document or ballot paper to be inspected, permit any person to inspect any document or ballot paper relating to that election which is in the custody of the Secretary. (9) At the hearing of a petition, the Council may admit or reject any evidence adduced, whether oral or documentary, and the provisions of the Evidence Ordinance (Cap 8) relating to the admissibility of evidence do not apply in relation to a petition. (Enacted 1996) Cap 161B s 38 Determination of the Council (1) At the conclusion of the hearing of a petition the Council shall- (a) determine whether the ground or grounds on which the petition is based have been proved and whether any person declared by the Secretary to have been elected in that election was duly elected; (b) where the person is determined to have been not duly elected under paragraph (a), determine whether some other person was duly elected in his place; (c) where appropriate, make any determination in relation to the petition as it thinks necessary. (2) The determination of the Council relating to a petition is final. (3) The Secretary shall, within 28 days of the determination of the Council, notify the petitioner and the respondent in writing of the decision. (Enacted 1996) Cap 161B s 39 Council may regulate procedure Subject to this Part, the Council may regulate its procedure in relation to a petition. (Enacted 1996) Cap 161B s 40 Validation of acts pending petition Where under section 38 the Council determines that a person declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected member of the Council under section 3(2)(j) of the Ordinance before the time of determination are not invalidated by reason of that determination. (Enacted 1996) Cap 161B Sched 1 [sections 6, 7, 8, 9, 12,13, 14, 16, 17, 20 & 24] FORM 1 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION NOTICE OF ELECTION 1. It is hereby notified that there *is a vacancy for an elected member/are ........... vacancies for elected members of the Medical Council of Hong Kong under section 3(2)(j) of the Ordinance. 2. Nominations for the above *vacancy/vacancies shall be received by me at the Medical Council Secretariat, (address) .............................. during office hours on any working day up to and including (date) ............................ 3. Nomination papers (No. of copies) are attached and extra copies may be obtained free of charge during office hours on any working day from the Medical Council Secretariat at the above address. 4. If the election is contested, a poll will be conducted by postal ballot, details of which will be announced in due course. Date ....................................... ...................................................... Secretary, Medical Council of Hong Kong. *Delete words which do not apply. (L.N. 312 of 1998) _____________ FORM 2 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION OF A MEDICAL COUNCIL MEMBER FOR THE PERIOD .............. TO ............. NOMINATION PAPER PART I (to be completed by proposer and seconder)- 1. We are registered medical practitioners qualified to vote under section 5 of the Medical Council (Electoral Provisions) (Procedure) Regulation and we hereby nominate the following registered medical practitioner as a candidate at the above election (candidate's name to be given in English and Chinese, if applicable)- Dr. ....................................................... PROPOSER: Name in English and Chinese (if applicable): ..............................................................Registration No.: .............................................................. Hong Kong Identity Card No.: .............................................................. Registered Address: .............................................................. ..............................................................Telephone Number: .............................................................. Signature: .............................................................. SECONDER: Name in English and Chinese (if applicable): ..............................................................Registration No.: .............................................................. Hong Kong Identity Card No.: .............................................................. Registered Address: .............................................................. ..............................................................Telephone Number: .............................................................. Signature: .............................................................. PART II (to be completed by candidate)- 1. I hereby consent to my nomination as a candidate at the above election. 2. I hereby declare that I am qualified under section 4(1) of the Medical Council (Electoral Provisions) (Procedure) Regulation for nomination as a candidate and for election. The date of my registration with the Medical Council is .......................... 3. I hereby further declare that to the best of my knowledge and belief I am not disqualified from being nominated or elected by reason of any disqualification contained in section 4(2) of the aforementioned Regulation. Name in English and Chinese (if applicable): ..............................................................Registration No.: .............................................................. Hong Kong Identity Card No.: .............................................................. Registered Address: .............................................................. ..............................................................Telephone Number: .............................................................. Signature: .............................................................. Note: This nomination paper must be completed and returned by post to the Secretary, Medical Council at (Address) ..................................................................................... ................................................................................................................................. ....................................................... up to and including (Date) ................................. The date of the post mark shall be taken as the date of delivery of this nomination paper. (L.N. 312 of 1998) _____________ FORM 3 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION NOMINATION FOR APPOINTMENT OF A MEDICAL COUNCIL MEMBER FOR THE PERIOD ...................... TO ..................... (pursuant to section 8) We wish to nominate- Dr. .............................................................................. (Name in block letters and in Chinese, if applicable) of Registration No.: ........................................................... and Registered address: ................................................... ..................................................... for appointment to be a member of the Medical Council of Hong Kong. Proposer: ..................................................................................................................... (Name in block letters and in Chinese, if applicable) ...................................................................................................................... (Signature) Seconder: .................................................................................................................... (Name in block letters and in Chinese, if applicable) ...................................................................................................................... (Signature) 2. I agree to be nominated and will serve on the Council if appointed. Signature of Nominee: ........................................ Date: ........................................ (Enacted 1996) ______________ FORM 4 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION OF A MEDICAL COUNCIL MEMBER FOR THE PERIOD .................. TO ..................... WITHDRAWAL OF CANDIDATURE 1. I, ............................................................................ (name of candidate as described on nomination paper), of Hong Kong Identity Card no. ......................, Registration No.: ................ and with registered address at ................................................................................................ ............................................................................................................................................, was duly nominated as a candidate at the above election. 2. I do not now wish to be nominated as such candidate and I hereby withdraw my consent indicated in a nomination paper dated ................................................ Signature of Candidate: ........................................ Date: ........................................ 3. This form was signed in the presence of the following registered medical practitioner and elector- Name of Witness: ......................................... Hong Kong Identity Card No.: ......................................... Registered Address: ......................................... ......................................... Signature of Witness: .......................................... Date: .......................................... (Enacted 1996) ____________ FORM 5 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION OF A MEDICAL COUNCIL MEMBER FOR THE PERIOD .................... TO .................... Closing Date of Nomination .................................... NOTICE OF RESULT OF NOMINATIONS 1. The following is a statement as to candidates nominated at the above election- List A: CANDIDATES VALIDLY NOMINATED Particulars as shown on Nomination Paper Candidate's Name Registration Number Registered Address Proposer's Name List B (if any): CANDIDATES NOT VALIDLY NOMINATED (including those who have withdrawn) Particulars as shown on Nomination Paper Secretary's decision that nomination paper is invalid, or other reason why a candidate no longer stands nominated Candidate's Name Registration Number Registered Address Proposer's Name (or) #2 It is hereby notified that as there are more validly nominated candidates than vacancies available, polling will be conducted by postal ballot. A ballot form is attached for the purpose. Ballots will be received by me at (address) ..................................................................... ....................... on any working day up to and including (date) ..................... In this context, the date of the post mark shall be taken as the date of delivery of the ballot. Ballot which is returned postmarked after this date shall be void. The date for polling is scheduled for ..............., this date being the date on which the ballot papers are to be counted. (or) #2 It is hereby notified that since the number of candidates in List A above falls short of the number of vacancies available- (i) the candidates in List A above are declared to be elected; and (ii) the remaining *.......................... vacancy(ies) is/are* open to nominations and a notice of election for this purpose is attached. (or) #2 It is hereby notified that *no candidate is validly nominated/the following nominated candidates have withdrawn under section 12. Nomination for the *vacancy/...................... (No.) vacancies are invited afresh. A notice of election for this purpose is attached. Date ....................................... .......................................................... Secretary, Medical Council of Hong Kong. #if inapplicable. *Delete words which do not apply. (L.N. 312 of 1998) ______________ FORM 6 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION OF A MEDICAL COUNCIL MEMBER Date of Election ........................... NOTICE OF COUNTERMAND OF ELECTION 1. It is hereby notified that the election of Medical Council members scheduled for ............................. (date) is countermanded under section 17 of the Medical Council (Electoral Provisions) (Procedure) Regulation. 2. Nominations for the *vacancy/................. (No.) vacancies are invited afresh and shall be received by me at the Medical Council Secretariat, (address) ................................................... ....................................................... during office hours on any working day up to and including (date) ........................................ 3. Forms of nomination papers (No. of copies) are attached and extra copies may be obtained free of charge during office hours on any working day from the Medical Council Secretariat at the above address. 4. If the election is contested, a poll will be conducted by postal ballot, details to be announced in due course. Date ....................................... .......................................................... Secretary, Medical Council of Hong Kong. *Delete words which do not apply. (L.N. 312 of 1998) _________________ FORM 7 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION OF MEDICAL COUNCIL MEMBERS Date of Election : ......................... BALLOT PAPER Serial No. .......................... (Please read "Directions for completing ballot paper" at the back before completion.) I wish to elect the following candidate(s), against whose names I have placed an "X", to be elected member(s) of the Medical Council of Hong Kong- Name of Candidate Registered Address of Candidate (as in Notice of Nomination) Name of Elector: ................................. Registration No.: ................................. Hong Kong Identity Card No.: ................................ Registered Address: ................................ ................................ Telephone No.: ............................... Signature: ............................... DIRECTIONS FOR COMPLETING BALLOT PAPER 1. The elector shall submit one ballot paper only, in accordance with this Part. 2. In the case of duplicate ballot papers, both papers shall be void. 3. The elector shall indicate his preference by marking an "X" in the box against the name of the candidate of his choice. 4. The elector may only mark on his ballot paper his preference for up to a maximum of ......................... candidates, i.e. the number of vacancies available. 5. Where the elector marks his ballot paper for more candidates than there are vacancies, his ballot paper shall be void for uncertainty. 6. Ballot papers which are not clearly marked or which contain alterations shall be void for uncertainty. 7. The elector shall furnish his personal particulars as required on the ballot paper and shall personally sign it. No proxy shall be allowed. 8. Only original ballot papers, which are serially numbered, shall be accepted. 9. An elector who has inadvertently marked, torn or otherwise spoilt his ballot paper may, only on returning the spoilt original ballot paper to the Medical Council Secretariat, obtain another ballot paper in the place of the spoilt ballot paper. 10. Completed ballot papers must be returned by post to the Medical Council Secretariat at (address) ............................................................................................................................. on any working day up to and including (date) ............................ Returns postmarked after that date shall be void. (L.N. 312 of 1998) __________________ FORM 8 MEDICAL COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATION ELECTION TO THE MEDICAL COUNCIL NOTICE OF RESULT OF ELECTION *1. The following is a statement of the results of the polling on ....................... Candidate's Name Number of votes received *Delete if inapplicable. 2. It is hereby notified that the following *candidate has/candidates have been declared to be elected as *a member/members of the Medical Council- Name of Candidate Elected Registration No. Period of Office Remarks Date ....................................... .......................................................... Secretary, Medical Council of Hong Kong. *Delete words that do not apply. (L.N. 312 of 1998) Cap 161B Sched 2 CORRUPT PRACTICES [section 29] An act prohibited by any of the following provisions is a corrupt practice within the meaning of section 29(2) of this Regulation- 1. Bribery (1) No person shall, in Hong Kong or elsewhere, without lawful authority or reasonable excuse- (a) offer any advantage to a person or to any person on behalf of another person as an inducement to or reward for or otherwise on account of that person's voting or refraining from voting, or having voted or having refrained from voting in an election; (b) offer any advantage to any person as an inducement to or reward for or otherwise on account of that person's procuring or endeavouring to procure the vote of another person in an election or the return of any person to serve on the Council; (c) solicit or accept any advantage as an inducement to or reward for or otherwise on account of his voting or refraining from voting, or having voted or having refrained from voting in an election; (d) solicit or accept any advantage as an inducement to or reward for or otherwise on account of his procuring or endeavouring to procure the vote of any person in an election or the return of any person to serve on the Council. (2) In this section- (a) "advantage" (利益) has the same meaning as in section 2(1) of the Prevention of Bribery Ordinance (Cap 201); (b) a person offers, solicits or accepts an advantage if he does any of the activities specified in section 2(2) of that Ordinance. 2. Personation No person shall at any election apply for a replacement ballot paper in the name of any other person. 3. Treating (1) No person shall, before, during or after any election, directly or indirectly by himself, or by any other person- (a) corruptly give or provide, or pay wholly or in part the expense of giving or providing any meal, drink, entertainment or provision to or for any person for the purpose of influencing that person or any other person to give or refrain from giving his vote at the election or on account of such person or any other having voted or refrained from voting at such election; or (b) corruptly solicit, accept or take any such meal, drink, entertainment or provision. (2) The serving of non-alcoholic beverages incidental to a meeting is not of itself prima facie deemed corrupt within the meaning of subsection (1). (3) The serving of meals of any kind incidental to a meeting is of itself prima facie deemed corrupt within the meaning of subsection (1). 4. Undue influence (1) No person shall directly or indirectly by himself or by any other person on his behalf make use of or threaten to make use of any force, violence or restraint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any person, or thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election. (2) No person shall directly or indirectly by himself or by any other person on his behalf make use of or threaten to make use of any force, violence or restraint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to compel, induce or prevail upon such person to persuade any person to support or refrain from supporting a particular candidate in any election. 5. Bribery or intimidation in relation to standing as a candidate (1) No person shall directly or indirectly by himself or by any other person on his behalf bribe or intimidate another person- (a) to stand; (b) to refrain from standing; or (c) having been nominated, to withdraw, as a candidate at an election. (2) No person shall directly or indirectly by himself or by any other person solicit or accept a bribe- (a) to stand; (b) to refrain from standing; or (c) having been nominated, to withdraw, as a candidate at an election. (3) For the purpose of this section- (a) a person bribes another if he does any of those activities referred to in section 1 in relation to a person standing as a candidate; (b) a person solicits or accepts a bribe if he does any of the activities referred to in section 1 in relation to his standing as a candidate; (c) a person intimidates another if he does any of those activities referred to in section 4 in relation to a person standing as a candidate. (Enacted 1996) Cap 161B Sched 3 ILLEGAL PRACTICES [section 29] An act prohibited by any of the following provisions is an illegal practice within the meaning of section 29(2) of this Regulation- 1. Publishing false statement of withdrawal No person shall before or during any election knowingly publish a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate. 2. False statements concerning a candidate (1) No candidate shall before or during any election for the purpose of promoting or procuring his election at such election, wilfully make or publish any false statement of fact in relation to himself including, but without prejudice to the generality thereof, his character, qualifications for conduct. (2) No person is deemed to be guilty of a contravention of subsection (1) if he can show that he had reasonable grounds for believing and did believe the statement made by him. 3. False claim of support (1) No candidate shall, without reasonable excuse, before or during any election for the purpose of promoting or procuring his election at such election use or publish in any form whatsoever the name or device of any person or organization, or a name or device which is substantially similar to the name or device of any person or organization, in such a way as to infer, or to be likely to cause, encourage or persuade any elector to believe, that that candidate has the support of that person or organization unless that candidate has obtained or received from that person or organization his or its prior consent or permission in writing to such use or publication of that name or device in connection with the election. (2) For the purposes of this section oral consent or permission obtained from any person or organization referred to in subsection (1) does not constitute a reasonable excuse. (Enacted 1996)
手机扫一扫
手机浏览移动版