Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 28

Elector to reside in Hong Kong

(Past version on 03/10/1997).

(1) A natural person is not eligible to be registered as an elector in the
register of geographical constituencies unless, at the time of applying for
registration, the person satisfies the Electoral Registration  Officer-

   (a)  that the person ordinarily resides in Hong Kong; and

   (b)  that the residential address notified in the person's application for
        registration is the person's only or principal residence in Hong Kong.

(1A) If-

   (a)  a person serving a sentence of imprisonment applies for registration
        as an elector in the register of geographical constituencies; and

   (b)  at the time of the application, the person does not have a home in
        Hong Kong outside the prison, the prescribed address, as defined in
        subsection (1B), is deemed to be the person’s only or principal
        residence in Hong Kong for the purposes of subsection (1). (Added 7 of
        2009 s. 6)

(1B) In subsection (1A), “prescribed address” (訂明地址) means-

   (a)  the last dwelling-place in Hong Kong at which the person resided and
        which constituted the person's sole or main home; or

   (b)  if no address is established to the satisfaction of the
        Electoral Registration Officer to be the last dwelling-place in Hong
        Kong at which the person resided and which constituted the person's
        sole or main home, the residential address of the person furnished
        under regulation 4(1)(b) or 18(1) of the
        Registration of Persons Regulations ( Cap 177 sub. leg. A) and last
        recorded under those Regulations. (Added 7 of 2009 s. 6)

(2) The Electoral Registration Officer may omit from the final  register of
geographical constituencies the name of an elector if satisfied on reasonable
grounds-

   (a)  that the elector no longer ordinarily resides in Hong Kong; or

   (b)  that the residential address last notified to that Officer is no
        longer the elector's only or principal residence in Hong Kong.

(2A) If-

   (a)  an elector is serving a sentence of imprisonment; and

   (b)  the elector no longer has a home in Hong Kong outside the prison, the
        residential address of the elector last notified to the Electoral 
        Registration Officer is deemed to continue to be the elector's only or
        principal residence in Hong Kong for the purposes of subsection (2).
        (Added 7 of 2009 s. 6)

(3) In this section, a reference to a person's only or principal residence in
Hong Kong is a reference to a dwelling-place in Hong Kong at which the person
resides and which constitutes the person's sole or main home. “prescribed
address” (訂明地址)