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PROCEDURES FOR THE ELECTION OF DELEGATES OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION TO THE NINETH NATIONALPEOPLE'S CONGRESS

Category  SPECIAL ADMINISTRATIVE REGION Organ of Promulgation  The National People's Congress Status of Effect  In Force
Date of Promulgation  1997-03-14 Effective Date  1997-03-14  

Procedures for the Election of Delegates of the Hongkong Special Administrative Region of the People's Republic of China to the Nineth NationalPeople's Congress





(Adopted at the Fifth Session of the Eighth National People's Congress

on March 14, 1997)

    Article 1  These Procedures are formulated in accordance with the
Constitution of the People's Republic of China, the Basic Law of the Hongkong
Special Administrative Region of the People's Republic of China and the
provisions of Paragraph 3, Article 15 of the Election Law of the National
People's Congress and the Local People's Congresses at All Levels of the
People's Republic of China and in the light of the actual conditions of the Hongkong Special Administrative Region.

    Article 2  The election of delegates of the Hongkong Special Administra-
tive Region to the Nineth National People's Congress shall be presided over
by the Standing Committee of the National People's Congress.

    Article 3  The quota of delegates to be elected from the Hongkong
Special Administrative Region to the Nineth National People's Congress
shall be thirtysix.

    Article 4  The delegates to be elected from the Hongkong Special
Administrative Region to the National People's Congress must be Chinese
citizens from among the residents in the Hongkong Special Administrative
Region.

    Article 5  An election conference for the delegates to the Nineth
National People's Congress shall be established in the Hongkong Special
Administrative Region. The election conference shall be composed of Chinese
citizens from among members of the Recommendation Commission of the first
government prescribed in the Concerning the Procedures of the Formation of the First Government and
the Legislative Council of the Hongkong Special Administrative Region>,
and those residents of the Hongkong Special Administrative Region who are
not members of the Recommendation Commission but are members of the Eighth
National Committee of the Chinese People's Political Consultative Conference
and members of the Interim Legislative Assembly of the Hongkong Special Admini-
strative Region who are Chinese citizens save that he or she who shows his or
her unwillingness to participate.

    List of members of the election conference shall be published by the
Standing Committee of the National People's Congress.

    Article 6  The first session of the election conference shall be convened
by the Standing Committee of the National People's Congress for the recommenda-
tion and election of eleven members of the election conference which shall
constitute the presidium which shall recommend and elect a standing chairman
from among its members.

    The presidium shall preside over the election conference.

    The election conference shall formulate specific election procedures in
accordance with these Procedures pursuant to the proposal of the presidium.

    Article 7  More than ten members of the election conference may
jointly put forth candidates for delegates. The number of candidates for
delegates each member puts forth in joint recommendation shall not exceed
the quota.

    Article 8  Candidates for the Nineth National People's Congress put
forth by the election conference shall be one fifth to one half more
than the number to be elected and differential election shall be held.

    Election by direct ballot shall be held in case the number of nominated
candidates does not exceed tha one half differential percentage of the
number to be elected. In case the number of nominated candidates exceeds
the one half differential percentage of the number to be elected, all
members of the election conference shall cast their votes, the list of official candidates shall be determined and election by ballot shall be
held in accordance with the order of precedence of the number of votes
for the candidates and the differential percentage of not more than one
half.

    Article 9  Election of delegates to the Nineth National People's
Congress by the election conference shall be by ballot.

    When the election conference holds election, votes cast which exceed
the number of voters shall be null and void, while votes cast which are
equal to or less than the number of voters shall be valid.

    The number of candidates voted for on each ballot paper which exceed
the number to be elected shall be invalid, those which are equal to or
less than the number to be elected shall be valid.

    Article 10  Candidates of delegates with more votes shall be elected.
In case the number of votes is equal and the delegate-elect can not be
determined, one more ballot shall be cast with respect to candidates with
equal number of votes and one who gains more votes shall be elected.

    Article 11  The election results shall be announced by the presidium
and submitted to the Delegate Qualification Review Committee of the Standing
Committee of the National People's Congress.

    The Standing Committee of the National People's Congress shall confirm
the qualification of the delegates and publish the list of delegates on the
basis of the report submitted by the Delegate Qualification Review Committee.



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