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The election of the Chairman and Deputy Chairman of the Finance Committee ("the Committee") shall follow the procedure set out below.
Nomination procedure
Submission of nominations
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2.
After the membership list of the Committee has been confirmed, the Clerk shall issue the membership list to members and invite them to submit nominations for the offices of Chairman and Deputy Chairman.
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3.
Nominations for the office of Chairman shall be submitted via electronic means specified by the Secretariat. A valid nomination shall be made by a member, seconded by at least one other member, and accepted by the member being nominated. A member may nominate himself for the office of Chairman ("the member concerned"), provided that such nomination is seconded by at least one other member. In such case, the name of the member concerned will appear on a submission of nomination in the capacities as a member making nomination and a member being nominated.
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4.
The name of a member shall not appear on more than one submission of nomination for the office of Chairman, whether in the capacity as a member being nominated, or as a member making the nomination, or as a member seconding the nomination. In the event that a member's name appears on more than one submission of nomination (whether in the capacity as a member being nominated or as a member making the nomination, or as a member seconding the nomination), only the first such submission of nomination received by the Secretariat shall be valid. The Secretariat shall notify the member who submitted any invalid nomination(s).
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5.
Nominations for the office of Chairman shall reach the Secretariat at least one clear day before the meeting at which the election is scheduled to take place ("scheduled meeting"). If the deadline for submission of nomination falls on a Saturday or public holiday, such deadline shall be advanced to the first preceding day that is not a Saturday or public holiday.
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6.
The same requirements set out in paragraphs 3 to 5 above shall also apply to submission of nominations for the office of Deputy Chairman.
After the close of nominations
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7.
Upon the close of the nomination period, the Clerk shall prepare a list of valid nominations for the offices of Chairman and Deputy Chairman (if any) in the order of receipt by the Secretariat and shall distribute the list to members before the scheduled meeting. If there are two or more valid nominations for the office of Chairman and/or Deputy Chairman, the election shall be arranged in accordance with the relevant arrangements set out in paragraphs 9 to 28.
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8.
In the cases set out in (a) to (c) below, the election of the Chairman and/or Deputy Chairman will not be required to be conducted at the scheduled meeting:
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(a)
if there is only one valid nomination for the office of Chairman, the nominee shall be deemed to be elected as Chairman. However, if there is no valid nomination for the office of Chairman, the member who has the highest precedence in the Committee shall be deemed to be elected as Chairman; or
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(b)
if there is only one valid nomination for the office of Deputy Chairman, the nominee shall be deemed to be elected as Deputy Chairman. However, if the election of Chairman is required to be held at a meeting, the only valid nominee for the office of Deputy Chairman shall be declared elected as Deputy Chairman after the Chairman is elected; or
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(c)
if there is no valid nomination for the office of Deputy Chairman, after the Chairman is elected or deemed elected, the Chairman shall direct that another meeting be scheduled for conducting the election of the Deputy Chairman in accordance with the procedure set out in this Appendix.
The Clerk shall notify members of the Committee of the election result(s) and updated meeting arrangements where appropriate. In the case where neither the election of Chairman nor the election of Deputy Chairman is required to be conducted at a meeting of the Committee, the meeting which is scheduled for the sole purpose of conducting the election shall be deemed to be cancelled.
Election of Chairman
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9.
If there are two or more valid nominations for the office of Chairman, the election shall be conducted at a meeting of the Committee.
Presiding member
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10.
Where the election of Chairman takes place at the first meeting of the Committee in a term of the Legislative Council, the member present who has the highest precedence shall preside at the election. If he is being nominated for the office, the member present who has the highest precedence among the members not nominated for the office shall preside. At any other election of Chairman, the member who was the Chairman of the Committee before the election shall preside at the election. If he is absent or is being nominated for the office, the member who was the Deputy Chairman of the Committee before the election shall preside. If both members who were Chairman and Deputy Chairman before the election are absent or are being nominated for the office, the member present who has the highest precedence among the members not nominated for the office shall preside.
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11.
The presiding member shall proceed straight to balloting in accordance with the procedures prescribed in paragraphs 12 to 17 below. The presiding member may deal with matters necessary for the conduct of such procedures, but he shall not hear points of order or entertain any motion including a motion to establish the manner in which the Committee wishes to proceed with the election. Nominees shall not present election platforms or answer questions from members.
Balloting process
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12.
The presiding member shall announce a vote by secret ballot and shall order the Clerk to distribute a ballot paper to each of the members present, including the presiding member. Each nominee shall be assigned a nominee number according to the order set out in the list of valid nominations.
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13.
A member present who wishes to vote shall mark on a ballot paper using a chop with a "✓" in the box opposite the nominee number of his choice, and place the ballot paper into the ballot box. Any ballot paper not marked, not properly marked or marked with a "✓" in the respective boxes opposite two or more nominee numbers shall be discarded.
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14.
After all the members present who wish to vote have done so, the Clerk shall count the ballot papers in front of all the members present and report the result to the presiding member who shall check the result for confirmation. The presiding member shall invite the members making the nominations or seconding the nominations to witness the counting of votes.
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15.
The presiding member shall declare elected as Chairman the nominee who receives the highest number of valid votes among all the nominees.
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16.
If two or more nominees receive the same highest number of valid votes, the presiding member shall announce that lots will be drawn by him to decide how he shall give the casting vote in respect of these nominees.
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17.
The presiding member shall then draw lots and give the casting vote to one of the nominees in accordance with the lot drawn, and shall forthwith declare that nominee elected as Chairman.
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18.
If an election of the Chairman of the Committee cannot be completed within 30 minutes from the starting time appointed for the meeting, the presiding member shall forthwith adjourn the meeting without question put and shall not extend the meeting.
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19.
In the event that a meeting of the Committee is adjourned in accordance with paragraph 18 above, the President shall have the power to appoint a member of the Committee to call another meeting for conducting the election and preside at the remaining proceedings of the election. If necessary, the President may specify a time limit for the election having regard to the actual circumstances.
Election of Deputy Chairman
Presiding member
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20.
If the election of the Deputy Chairman is conducted at a meeting of the Committee, the Chairman of the Committee shall preside at the election. If he is absent, the member who was the Deputy Chairman before the election, if any, shall preside. If no Deputy Chairman is present or if the Deputy Chairman is being nominated for the office, the member present who has the highest precedence among the members not nominated for the office shall preside.
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21.
If there is only one valid nomination for the office of Deputy Chairman and the election of Chairman is held at a meeting, after the Chairman is elected, the Chairman
1 shall declare the nominee elected as Deputy Chairman. If there are two or more valid nominations for the office of Deputy Chairman, the election of the Deputy Chairman shall be conducted at a meeting of the Committee.
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22.
If the election of the Deputy Chairman is conducted at a meeting of the Committee, the Chairman shall proceed straight to balloting in accordance with the procedures prescribed in paragraphs 23 to 28 below. The Chairman may deal with matters necessary for the conduct of such procedures, but he shall not hear points of order or entertain any motion including a motion to establish the manner in which the Committee wishes to proceed with the election. Nominees shall not present election platforms or answer questions from members.
Balloting process
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23.
The Chairman shall announce a vote by secret ballot and shall order the Clerk to distribute a ballot paper to each of the members present, including the Chairman. Each nominee shall be assigned a nominee number according to the order set out in the list of valid nominations.
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24.
A member present who wishes to vote shall mark on a ballot paper using a chop with a "✓" in the box opposite the nominee number of his choice, and place the ballot paper into the ballot box. Any ballot paper not marked, not properly marked or marked with a "✓" in the respective boxes opposite two or more nominee numbers shall be discarded.
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25.
After all the members present who wish to vote have done so, the Clerk shall count the ballot papers in front of all the members present and report the result to the Chairman who shall check the result for confirmation. The Chairman shall invite the members making the nominations or seconding the nominations to witness the counting of votes.
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26.
The Chairman shall declare elected as Deputy Chairman the nominee who receives the highest number of valid votes among all the nominees.
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27.
If two or more nominees receive the same highest number of valid votes, the Chairman shall announce that lots will be drawn by him to decide how he shall give the casting vote in respect of these nominees.
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28.
The Chairman shall then draw lots and give the casting vote to one of the nominees in accordance with the lot drawn, and shall forthwith declare that nominee elected as Deputy Chairman.
(FC235/20-21)