The Constitution of The Open University of Hong Kong Students' Union (Students' Union) (Amended on 16th December 2014) 1. Name 1.1 The name of the Union shall be“The Open University of Hong Kong Students Union”in English and“香港公開大學 學生會”in Chinese. 2. Objectives 2.1 Act as a channel of communication between the students and the Open University of Hong Kong (OUHK) and other bodies; 2.2 Promote a school spirit amongst the students; 2.3 Promote the welfare of the students; 2.4 Promote and develop social and educational opportunities for the students; 2.5 Represent the students; and 2.6 Foster students' social awareness and a sense of responsibility towards society. 3. Union Office 3.1 The office of the Union is located at OUHK. 4. Session 4.1 The Union session and the term of office holders shall coincide with the financial year of OUHK. 5. Language 5.1 The Union may use either the Chinese or the English language in conducting its affairs and maintaining its records. 6. Membership 6.1 Any student who has registered with and is studying a credit-bearing course of OUHK shall be a member of the Union. 6.2 Any member of the Union Council, the Executive Committee or the Editorial Board who ceases to meet the requirements in article 6.1 within a current session nevertheless may continue to hold office and enjoy the rights of membership until the end of the session. 7. Membership Rights 7.1 Use the facilities of the Union; 7.2 Participate in the activities and functions of the Union; 7.3 Become a member of an Affiliated Body subject to its rules; 7.4 Attend and vote at general meetings; 7.5 Vote in a general polling; and 7.6 Hold Union office. 8. Obligations of Member 8.1 A member shall abide by any rules and regulations currently in force regarding the activities set out in article 7. 9. General Polling 9.1 Definitions: 9.1.1 A general polling is a means of the members of the Union to resolve issues by way of polling. A general polling is the highest authority of the Union. 9.2 Operating procedures: 9.2.1 Upon the resolution of the Union Council being carried or upon the written requisition of not less than 500 members, the Union Council shall conduct a general polling as regards the purpose indicated in the relevant resolution or the relevant requisition, which general polling must be conducted within 7 to 21 days from the day of the resolution or the requisition. 9.2.2 Not less than 7 days notice of a general meeting shall be given, and notice shall be given by posting the same on the Union notice board in the campus of OUHK and sending the same by electronic means to members. 9.2.3 Mode: 1 9.2.3.1 The general polling shall set out a proposition to which members shall be requested to signify approval or disapproval. 9.2.3.2 To be voted by all members anonymously. 9.2.4 Validity: 9.2.4.1 The valid votes cast is no less than 1/15 of the total members of the Union. 9.2.4.2 The result of General Polling shall not be valid and the motion shall be deemed to have withdrawn if the number of votes cast is less than 1/15 of the total membership of the Union. 9.2.5 Voting: 9.2.5.1 A motion of a general polling shall only be carried by 1/2 or above affirmative vote of all the total votes for the motion. 9.2.6 Supervision: 9.2.6.1 The Union Council shall appoint a staff member of OUHK as the polling supervising officer. 9.2.7 Announcement of Results: 9.2.7.1 If there is no complaint, the Union Council shall announce the results within 24 to 48 hours after a general polling. 9.2.7.2 If there is any complaint, members shall complain to the Union Council within 24 hours after a general polling and the Union Council shall call an emergency meeting of the Union Council to handle the related matter. 9.2.7.3 The Union Council may not announce the results before any complaint has been resolved. 9.2.7.4 The Union Council shall announce the result within 24 hours after the complaint has been handled. 10. General Meetings 10.1 Definitions: 10.1.1 A general meeting is an authority second to a general polling only. 10.2 Annual General Meetings: 10.2.1 The Union Council should hold an annual general meeting in the first month of each session and the general meeting must be called within 7 to 21 days from a resolution made by the Union Council. At the general meeting, the Union of the previous session shall present its working report and financial report; the Union Council of the current session shall present its budget plan and the Executive Committee and the Editorial Board shall present their year plans and budget plans. 10.3 Emergency General Meetings: 10.3.1 Upon a resolution of the Union Council being carried or upon the written requisition of not less than 100 Members, the Union Council shall, as regards the purpose indicated in the relevant resolution or the relevant requisition, call an emergency general meeting, which meeting must be conducted within 7 to 21 days from the day of the resolution or the requisition. 10.4 Operating procedures: 10.4.1 Not less than 7 days notice of a general meeting shall be given, and notice shall be given by posting the same on the Union notice board in the campus of OUHK and sending the same by electronic means to members. 10.4.2 Quorum: 10.4.2.1 The quorum of a general meeting will be not less than 100 members personally present. 10.4.2.2 Where the quorum is not reached half an hour before the time appointed for conducting the meeting, the Chairperson shall declare the meeting flopped and may call another meeting again within 14 days. If the adjourned meeting still flops, the motion shall be withdrawn. 10.4.3 Voting: 10.4.3.1 The minimum number of voters of the motion of general meetings shall be not less than 100 members personally present. 10.4.3.2 A motion of a general meeting shall only be carried by 1/2 or above affirmative vote of all the total votes for the motion. 10.4.4 Announcement of Results: 10.4.4.1 If there is no complaint, the Union Council shall announce the results within 24 to 48 hours after a general polling. 10.4.4.2 lf there is any complaint, members shall complain to the Union Council within 24 hours after the general polling and the Union Council shall call an emergency meeting of the Union Council to handle the related matter. 10.4.4.3 The Union Council may not announce the results before any complaint has been resolved. 10.4.4.4 The Union Council shall announce the results within 24 hours after the complaint has been handled. 11. The Union Council 11.1 Definitions: 2 11.1.1 The Union Council is the legislative, supervising and judicial authority of the Union with its power only second to a general polling and a general meeting. 11.2 Duties: 11.2.1 Examine, investigate and pass the year plans, budget plans, financial and working report of the Students’ Union; 11.2.2 Supervise the working condition of the Executive Committee and Editorial Board; 11.2.3 Interpret and amend the Constitution; 11.2.4 Hold the elections of Students’ Union; 11.2.5 Hold the elections of the Representaives of the Union Council; 11.2.6 Hold general polling and general meeting; 11.2.7 Handle the resignations of the Councillors of the Union Council, Popularly Elected Councillors, Committee Members of the Executive Committee and Committee Members of the Editorial Board; 11.2.8 Enforce punishment; and 11.2.9 Set up Subcommittees under the Union Council. 11.3 Organization: 11.3.1 The Union Council will consist of : 11.3.1.1 One representative from each affiliated body; 11.3.1.2 Seven Popularly Elected Councillors; 11.3.1.2.1 If there are less than seven Popularly Elected Councillors, their seats shall be deemed to be vacancies. 11.3.1.3 Three Ex-officio Councillors (the Chairperson of the Union Council of the previous session, the President of the Executive Committee and the Editor-in-chief of the Editorial Board) 11.3.1.3.1 If the Chairperson of the Union Council of the previous session becomes a Committee Member of the Executive Committee of the current session or a Committee Member of the current session of the Editorial Board, his/her office should be filled by the Chairperson of the session before the previous session. 11.3.1.3.2 If the President of the Executive Committee of the previous session becomes a Committee Member of the Executive Committee of the current session or a Committee Member of the current session of the Editorial Board, his/her office should be filled by the President of the session before the previous session. 11.3.1.3.3 If the Editor-in-chief of the Editorial Board of the previous session becomes a Committee Member of the Executive Committee of the current session or the Committee Member of the current session of the Editorial Board, his/her office should be filled by the Editor-in-chief of the session before the previous session. 11.3.2 The Representatives of the Union Council will consist of: 11.3.2.1 One Chairperson; 11.3.2.2 One Vice Chairperson; 11.3.2.3 One Secretary; 11.3.2.4 One Vice Secretary. 11.3.3 The representatives of the Union Council will be elected by and among the Councillors. 11.3.4 The Union Council will have the following standing subcommittees to assist in the carrying out of its work: 11.3.4.1 The Constitution Review Committee: consisting of 1 Chairperson and at least 3 other Committee Members to handle the matters on amending the Constitution. 11.3.4.2 The Election Board: consisting of 1 Chairperson and at least 3 other Committee Members to co-ordinate all the election matters of the Students’ Union. 11.3.5 The Union Council may set up different subcommittees according to circumstances. 11.3.6 The chairperson of all the subcommittees must be Councillors and other committee members shall be members of the Union. 11.3.7 The setting up of all committees shall have to be passed by the Union Council. 11.4 Meetings 11.4.1 General meetings: 11.4.1.1 Shall be called once a month. 11.4.1.2 Notice of a meeting shall be given to Councillors and announce to members of the Union 1 week before calling the meeting together with the agenda thereof. 11.4.2 Emergency Meetings: 11.4.2.1 Upon the joint requisition signed by 1/3 or above of the Councillors, or if the Chairperson thinks that it is necessary, an emergency meeting may be called. 11.4.2.2 Notice of a meeting shall be given to Councilors and announce to members of the Union 48 hours before calling the meeting together with the agenda thereof. 3 11.4.3 Quorum: 11.4.3.1 The quorum of a meeting of the Union Council will be 1/2 or above of the Councillors. 11.5 The Union Council may from time to time adopt regulations governing its procedure. 11.6 Resignations: 11.6.1 The resignations of the Representaives of the Union Council, Popularly Elected Councillors, Ex-officio Councillors or Committee Members of subcommittees shall be passed by 2/3 or above of the Councillors present in the Union Council before such resignations can be valid and shall be announced to members of the Union. 11.7 Casual Vacancies: 11.7.1 Where there occurs a casual vacancy of the Chairperson of the Union Council, the Vice Chairperson will act in the office of the Chairperson temporarily until a new Chairperson has been elected. 11.7.2 Where there occurs a casual vacancy of a Representaive, a new representative shall be re-elected by the members of the Union Council. 11.7.3 Where there occurs a casual vacancy of a Popularly Elected Councillor the Ex-Officio Councillor, it is not necessary to have a by-election. 11.7.4 Where there occurs a casual vacancy of a subcommittee Member, it is necessary to have a re-election. 11.8 Working Report and Budget Plan: 11.8.1 The Union Council of the previous session shall submit its working and financial report to the Union Council of the current session within 14 days after it retires from office. 11.8.2 The Union Council shall announce its budget plan within 14 days after it has assumed office. 12. Executive Committee 12.1 Definitions: 12.1.1 The Executive Committee is the highest executive authority of the Union and shall be accountable to the general polling, general meetings and the Union Council. 12.2 Duties: 12.2.1 Be responsible for the day to day affairs and administrative work of the Students’ Union. 12.3 Organization: 12.3.1 The Executive Committee will consist of 6 to 18 Committee Members from a cabinet to be elected by the votes of all members. 12.3.1.1 The Committee Members of the Executive Committee will consist of: 12.3.1.1.1 One President; 12.3.1.1.2 One Internal Vice-President; 12.3.1.1.3 One External Vice-President; 12.3.1.1.4 One Financial Controller; 12.3.1.1.5 One General Secretary; and 12.3.1.1.6 Not less than one and not more than thirteen additional members as may be elected as part of a cabinet of candidates. 12.3.1.2 There must be 1/5 cabinet members whose study mode will be different from those other cabinet members. 12.4 Meetings: 12.4.1 General meetings: 12.4.1.1 shall be called once a month. 12.4.1.2 Notice of a meeting shall be given to the Committee Members and announce to members of the Union 48 hours before calling the meeting together with the agenda thereof. 12.4.2 Provisional Meetings: 12.4.2.1 Upon the joint requisition signed by 1/3 or above of the Committee Members or if the President thinks that it is necessary, a provisional meeting may be called. 12.4.2.2 Notice of a meeting shall be given to the Committee Members and announce to members of the Union 24 hours before calling the meeting together with the agenda thereof. 12.4.3 Quorum: 12.4.3.1 The quorum of a meeting of the Executive Committee will be 1/2 or above of the Committee Members. 12.5 The Executive Committee may from time to time adopt regulations governing its procedure. 12.6 Resignations: 12.6.1 The resignation of an Committee Members of the Executive Committee shall be passed by 2/3 or above of all the Committee Members of the Executive Committee, notified to the Union Council and confirmed by the Union Council before such resignation can become valid and shall be announced to members of the Union. 12.7 Casual Vacancies: 4 12.7.1 Where there occurs a casual vacancy of the President, the Internal Vice-President will substitute and fill the vacancy; if there occurs a casual vacancy of the Internal Vice-President at the same time, the External Vice-President will substitute and fill the casual vacancy. 12.7.2 Where there occurs a casual vacancy of the Internal Vice-President, the External Vice-President, the Financial Controller or the General Secretary, the casual vacancy shall be filled by other Committee Members elected by the Executive Committee anew or taken up by other Committee Members. 12.7.3 Where there occur casual vacancies of all of the three, the President, the Internal Vice-President, the External Vice-President of the original cabinet, or of half or above of all the Committee Members at the same time or at different times, the Executive Committee will be dissolved automatically. Should the Executive Committee be dissolved automatically, the Union Council shall activate the by-election procedures within 14 days after the dissolution. If the remaining term of the Executive Committee is less than 3 months, it will not be necessary to activate the by-election procedure. 12.7.4 If there is still no Executive Committee after the by-election, subsequent matters will be handled by the Union Council. 12.7.5 If the Executive Committee is dissolved or there is no Executive Committee, the Union Council may act in place of the Executive Committee. 12.8 Working Report and Year Plan: 12.8.1 The Executive Committee of the previous session shall submit its working and financial report of the entire year to the Union Council within 14 days after it retires from office. 12.8.2 The Executive Committee shall submit its working report and budget plan of the entire year to the Union Council within 14 days after it assumes office. 13. Editorial Board 13.1 Definitions: 13.1.1 Be responsible for publishing the publications of the Students’ Union and shall be accountable to a general polling, general meetings and the Union Council. 13.2 Duties: 13.2.1 Shall reflect the views of students; 13.2.2 Report the policies of the University; 13.2.3 Report the activities in the University; 13.2.4 Be concerned with social topics; and 13.2.5 Play the role of monitoring as media. 13.3 Organization: 13.3.1 The Editorial Board will consist of 7 to 15 Committee Members from a cabinet to be elected by all members and responsible for organizing the Editorial Board. 13.3.1.1 The Committee Members of the Editorial Board will consist of : 13.3.1.1.1 One Editor-in-chief; 13.3.1.1.2 Two Assistant Editors-in-chief; 13.3.1.1.3 One Financial Controller; 13.3.1.1.4 One General Secretary; 13.3.1.1.5 One Executive Editor; and 13.3.1.1.6 Not more than nine additional members as may be elected as part of a cabinet of candidates. 13.4 Meetings: 13.4.1 General meetings: 13.4.1.1 Shall be called once a month. 13.4.1.2 Notice of a meeting shall be given to the Committee Members of the Editorial Board and announce to members of the Union 48 hours before calling the meeting together with the agenda thereof. 13.4.2 Provisional Meetings: 13.4.2.1 Upon the joint requisition signed by 1/3 or above of the Committee Members of the Editorial Board or if the Editor-in-chief thinks that it is necessary, a provisional meeting may be called. 13.4.2.2 Notice of a meeting shall be given to the Committee Members of the Editorial Board and announce to members of the Union 24 hours before calling the meeting together with the agenda thereof. 13.4.3 Quorum: 13.4.3.1 The quorum of a meeting of the Editorial Board will be 1/2 or above of the Committee Members. 13.5 The Editorial Board may from time to time adopt regulations governing its procedure. 13.6 Resignations: 13.6.1 The resignation of a Committee Member of the Editorial Board shall be passed by 2/3 or above of all the Committee Members of the Editorial Board, notified to the Union Council and confirmed by the Union Council before such resignation can become valid and shall be announced to members. 13.7 Casual Vacancies: 5 13.7.1 Where there occurs a casual vacancy of the Editor-in-chief, one of the two Assistant Editors-in-chief will substitute and fill the casual vacancy; if there occurs a casual vacancy of the Assistant Editors-in-chief, one of the Executive Editors will substitute and fill the vacancy. 13.7.2 Where there occur casual vacancies of the Editor-in-chief and, the two Assistant Editors-in-chief of the original cabinet, or of half or above of all the Committee Members at the same time or at different times, the Editorial Board will be dissolved automatically. Should the Editorial Board be dissolved automatically, the Union Council shall activate the by-election procedures within 14 days after the dissolution. If the remaining term of the Editorial Board is less than 3 months, it will not be necessary to activate the by-election procedures. 13.7.3 If there is still no Editorial Board after the by-election, subsequent matters will be handled by the Union Council. 13.7.4 If the Editorial Board is dissolved or there is no Editorial Board, it will be suspended temporarily. 13.8 Working Report and Year Plan: 13.8.1 The Editorial Board of the previous session shall submit its working and financial report of the entire year to the Union Council within 14 days after it retires from office. 13.8.2 The Editorial Board shall submit its working report and budget plan of the entire year to the Union Council within 14 days after it has assumed office. 14. Affiliated Societies 14.1 Definitions: 14.1.1 An Affiliated Body means an organization of members undertaking extra-curricular activities within the context of OUHK, the constitution of which provides that its membership is open to OUHK students and for its office bearers to be annually elected by its members. 14.2 An Affiliated Body shall obtain recognition by the Union. 14.3 The Union and OUHK shall establish a set of criteria and procedures for the recognition of Affiliated Bodies. 14.4 OUHK shall on behalf of the Union maintain a register of Affiliated Bodies and a record of relevant information relating to the Affiliated Bodies on the register and such information shall be annually updated by an Affiliated Body. 14.5 Each Affiliated Body may by a resolution of its office bearers nominate a representative to be a member of the Union Council and remove or replace such representative. 14.6 An Affiliated Body which has failed to update its information or has ceased to be active for more than one year may be removed from the register by a resolution of the Union Council. 15. Reprimand and Removal 15.1 Where the Students’ Union Council, Executive Committee and the Editorial Board shall be in breach of the Constitution or in dereliction of their duties, they may be reprimanded by a general polling or a general meeting. 15.2 Where a Councillor, a Committee Member of the Executive Committee and a Committee Member of the Editorial Board shall be in breach of the Constitution or in dereliction of their duties, they may be reprimanded by a general polling or upon resolutions being carried by 2/3 or above of the Councillors present at a general meeting or in the Union Council. 15.3 Where a Councillor, a Committee Member of the Executive Committee and a Committee Member of the Editorial Board shall be in breach of the Constitution or in dereliction of their duties, they may be reprimanded or removed by a general polling or a general meeting. 16. Funding 16.1 OUHK shall provide reasonable funding to the Union and to the Affiliated Bodies for the purposes of activities under this Constitution. OUHK shall in consultation with the Union establish procedures for submitting and approving funding requests and disbursing funds. 16.2 The Union shall not engage in any fund raising and sponsorship activity except with the written approval of OUHK. 17. Elections 17.1 The 7 Popularly Elected Councillors of the Union Council, Executive Committee and Editorial Board for a session shall be elected by the members within the period of three months prior to the commencement of that session and shall take office on the commencement of that session. 17.2 The Union Council, Executive Committee and Editorial Board shall be elected in accordance with the Election Regulations attached to and forming part of this Constitution. 18. Re-election for Consecutive Term 6 18.1 The Chairperson of the Students’ Union Council, the President of the Executive Committee and the Editor-in-chief of the Editorial Board can only be re-elected once for one consecutive term. 19. Simultaneous Posts 19.1 Councillors of the of the Students’ Union Council, the Committee Members of the Executive Committee and the Committee Members of the Editorial Board may not take up another post simultaneously. 19.2 The Popularly Elected Councillors of the Students’ Union Council, the Committee Members of the Executive Committee and the Committee Members of the Editorial Board may not take up any post in affiliated societies simultaneously. 20. Interpretation of Constitution 20.1 The Chinese version of this Constitution shall prevail in the construction of this Constitution. 20.2 The Interpretation of this Constitution shall rest with the Union Council. 21. Amendment of Constitution 21.1 This Constitution and the Election Regulations may be amended by general polling of the Union and subject to the written approval of OUHK. 22. Bye-laws 22.1 Where the Bye-laws are in conflict with this Constitution, these Articles shall prevail. 22.2 The Union Council will make the Bye-laws to supplement any inadequacy of this Constitution. 22.3 The Bye-laws can only be amended upon a resolution being carried by 2/3 or above of the Councillors present in the Union Council. 7 The Constitution of The Open University of Hong Kong Students' Union (Students' Union) ELECTION REGULATIONS 1. The elected members of the Union Council, the Executive Committee and the Editorial Board shall be elected in accordance with these Regulations. 2. The Union Council shall have full power to conduct an election and to decide on all matters arising out of or in connection with an election in accordance with these Regulations. 3. The Union Council may delegate a part or the whole of its power in respect of an election to an Election Board consisting of such persons and on such terms as the Union Council may from time to time determine. A reference to the Union Council in these Regulations shall, where appropriate, include a reference to the Election Board. 4. No member of an Election Board may stand for election or nominate or second a candidate for election. 5. The Union Council shall announce the opening of nominations for election in the first 7 days of January in each year. 6. Nominations shall be open for a period of 14 days, exclusive of the day of announcement. 7. The nomination form shall be formulated by the Union Council. 8. Each Member can only stand for one election. 9. Popularly Elected Councillors shall stand for an election in their personal capacities. 10. Candidates running for the election for the Executive Committee shall stand for the election as cabinets. 11. Candidates running for the election for the Editorial Board shall stand for the election as cabinets. 12. Each nomination form must include the names, student numbers and signatures of the candidates, proposers and the seconders. 13. Members may not proposers or second more than one candidate. 14. No member who has proposed or seconded a candidate may be a candidate in the same election. 15. If no or insufficient nominations are received by the close of the nomination period the Union Council may extend the nomination period for a further 14 days. 16. The Union Council shall announce the names of the candidates within 2 days after the close of the nomination period excluding Saturdays, Sundays and public holidays. 17. If the number of candidates for election to the Popularly Elected Councillors of the Union Council exceeds the number of vacancies there shall be an election which shall take place within 14-60 days after the names of the candidates are announced, exclusive of the day of the announcement. 18. If the nomination period is extended and the number of the candidates for the Popularly Elected Councillors of the Union Council is equal to 7 or less than 7, the election shall still be held and a member shall vote for or against the sole slate of candidates taking office as a Popularly Elected Councillor. 19. If there are more than one slate of candidates for election to the Executive Committee there shall be an election within 14-60 days after the announcement of the slates of candidates, exclusive of the day of announcement. 20. Where there is only one slate of candidates for election to the Executive Committee an election shall still be held and a member shall vote for or against the sole slate of candidates taking office as the Executive Committee. 21. If there are more than one slate of candidates for election to the Editorial Board there shall be an election within 14-60 days after the announcement of the slates of candidates, exclusive of the day of announcement. 22. Where there is only one slate of candidates for election to the Editorial Board an election shall still be held and a member shall vote for or against the sole slate of candidates taking office as the Editorial Board. 23. In order to ensure the fairness of elections, if a Councilor, a Committee member of the Executive Committee or a Committee Member of the Editorial Board of the current session takes part in the following election of the Students’ Union, the candidate has to suspend his /her office immediately after the announcement of the election nomination. 24. A member may only vote in person at polling stations and on the date and during the hours specified by the Union Council or the Election Board. Subject to consultations with and approval by OUHK, the Union Council may adopt additional ways of voting including voting by post or electronic means. 25. Ballot papers to be used in an election shall be authenticated in such manner as the Union Council may determine. 26. The Union Council shall verify the eligibility of voters and to hand over an authenticated ballot paper to each eligible voter, and to attend to any administrative matter in connection with voting. 27. Voting shall be by secret ballot. 28. A member shall fill in a ballot paper in such manner as indicated in the ballot paper and failure to do so shall invalidate the ballot. 29. A torn or disfigured ballot paper shall be invalid. 30. Each member may only vote once in each election. 8 31. Completed ballot papers shall be placed by voters in locked ballot boxes. 32. Each member may vote for a maximum of 7 candidates in respect of an election to the Union Council. 33. Each member may vote for one cabinet of candidates in respect of an election to the Executive Committee. 34. Each member may vote for one cabinet of candidates in respect of an election to the Editorial Board. 35. The 7 candidates who have obtained most votes in the Union Council election will be elected as Popularly Elected Councillors of the current session. 36. In casting a vote of confidence in respect of a candidate for the Popularly Elected Councillors, the candidate who has obtained more than half of the votes will be deemed elected. 37. The cabinet candidate for the Executive Committee election which has obtained most votes will be elected the Executive Committee of the current session. 38. The cabinet candidate for the Editorial Board which has obtained most votes will be elected the Editorial Board of the current session. 39. A sole cabinet of candidates for the Executive committee and Editorial Board shall only be declared elected if the cabinet obtained more than half of the votes for their taking office as the Executive Committee and Editorial Board. 40. The quorum for the elections of the Students’ Union will be the same as that of a general polling. If the quorum is not reached, it shall be necessary to hold a re-election. 41. If no Popularly Elected Councillor is elected, it shall be necessary to hold a re-election. 42. If no cabinet is elected, it shall be necessary to hold a re-election. 43. Re-election can only be held once. 44. After close of voting, the Union Council shall deliver the closed ballot boxes to a Returning Officer at an Election Centre designated by the Union Council. 45. The Returning Officer shall be a staff of OUHK appointed by the Union Council. 46. The Returning Officer shall open the closed ballot boxes at the Election Centre in the presence of the candidates or their representatives and members of the Union Council and the Union Council shall proceed to count the votes in their presence. A candidate who wishes to appoint a representative must do so in writing and deliver the authorization to the Union Council before the polling date. 47. The Returning Officer shall declare a vote to be invalid where the relevant ballot paper does not comply with these Regulations. 48. If a member wishes to challenge the validity of any vote or a decision of the Returning Officer he must do so prior to the Returning Officer declaring the result. 49. If there is a challenge by a member which is not resolved the Returning Officer shall refer the challenge to the Union Council and shall defer declaring the result until after the Union Council has decided on the challenge. 50. If there is no complaint, the Union Council shall announce the results within 24 to 48 hours after the election. 51. If there is any complaint, a member shall lodge the complaint with the Union Council within 24 hours after the election and the Union Council shall call an emergency Union Council meeting to deal with the relevant matters. 52. The Union Council may not announce the results before the complaint has been resolved. 53. The Union Council shall announce the results within 24 hours after the handling of the complaint. 54. If the Executive Committee or the Editorial Board has been left vacant, the by-election procedures shall be activated and the nomination period announced 14 days after it has been left vacant. 55. If it is necessary to hold a re-election, it shall be necessary to activate the re-election procedure and to announce the nomination period within 14 days after the close of the previous election. 56. Except Article 5 of these election regulations, the regulations of by-elections and re-elections will be the same as these election regulations. 9
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