ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - CHAPTER 367N ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - LONG TITLE Empowering section (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 (Not adopted as the Laws of the HKSAR. See Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the HKSAR of the People's Republic of China (Cap 2206 in this database)) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 367 section 17) (28 April 1994) (L.N. 188 of 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 1 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 2 Interpretation VerDate:30/06/1997 In this Regulation, unless the context otherwise requires - "appellant" (上訴人) means a person who has made a claim or an objection under the Boundary and Election Commission (Registration of Electors) (Geographical Constituencies) Regulation (Cap 432 sub. leg.) by means of a notice of claim or a notice of objection; "notice of claim" (聲稱通知書) means a notice lodged by a person under the Boundary and Election Commission (Registration of Electors) (Geographical Constituencies) Regulation (Cap 432 sub. leg.) for the purpose of making a claim under that Regulation as regards an entry in a register or registration in a register; "notice of objection" (反對通知書) means a notice lodged by a person under the Boundary and Election Commission (Registration of Electors) (Geographical Constituencies) Regulation (Cap 432 sub. leg.) for the purpose of making an objection under that Regulation as regards an entry in a register or registration in a register. (Enacted 1994) "appellant" (上訴人) "notice of claim" (聲稱通知書) "notice of objection" (反對通知書) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 3 Fixing of hearing and notifying the appellant thereof VerDate:30/06/1997 (1) Where the revising officer receives a copy of a notice of claim or a notice of objection from the registration officer, he shall, as soon as practicable - (a) subject to subsection (3), fix a date, time and place for holding a hearing as regards the claim or the objection to which the notice relates; and (b) send by post, a notice under subsection (2) - (i) to the appellant concerned to the address furnished as his address in the notice of claim or the notice of objection, as the case may be; and (ii) in the case of a notice of objection, in addition to the appellant, to the person in respect of whom the objection is made. (2) A notice for the purposes of subsection (1)(b) shall - (a) state that a hearing is to be held as regards the notice of claim or the notice of objection, as the case may be; (b) specify the date, time and place fixed under subsection (1)(a) for such hearing; (c) state that the appellant or the person in respect of whom the objection is made, as the case may be - (i) may appear in person at the hearing and make representations to the revising officer regarding his claim or objection; (ii) may be represented at such hearing by his legal adviser (authorized in writing by the appellant or the person in respect of whom the objection is made, as may be appropriate) who may make representations on his behalf; or (iii) whether or not he appears or is represented, may make representations in writing regarding his claim or objection and submit them, by post or by hand, at an address (which shall be specified in the notice) to reach the revising officer before the date fixed for the hearing; and (d) in the case of a notice sent to an appellant, state that if the appellant does not appear and is not represented at the hearing by another person and if the revising officer does not receive, before the date of the hearing, any written representations regarding his claim or objection, the determination of the registration officer to which the notice of claim or the notice of objection relates, shall stand. (3) Where a copy of a notice of claim or notice of objection is received by the revising officer - (a) during the period beginning on 8 July in any year and ending on 22 May in the next following year, the date fixed under subsection (1)(a) as regards that notice shall be a date between 12 May and 1 June (both dates inclusive) in that following year which date shall not be earlier than the date of expiry of a period of 3 days after the day on which that notice is received; and (b) during the period beginning on 23 May and ending on 7 July in any year, the date so fixed shall be a date between 27 June and 17 July (both dates inclusive) in that year which date shall not be earlier than the date of expiry of a period of 3 days after the day on which that notice is received. (L.N. 138 of 1995) (4) As regards any notice of claim or notice of objection - (a) in the case the appellant - (i) does not appear at the hearing thereof; (ii) is not represented by any other person at that hearing; and (iii) does not make representations in writing regarding his claim or objection to be received by the revising officer before the date of that hearing, the determination of the registration officer to which the notice of claim or the notice of objection relates, shall stand; or (b) in any other case, the revising officer shall make a ruling either allowing or dismissing the claim or objection, as the case may be, to which that notice relates. (Enacted 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 4 Appellant to be notified of ruling VerDate:30/06/1997 Where - (a) the determination of the registration officer stands pursuant to section 3(4)(a); or (b) the revising officer makes a ruling under section 3(4)(b), the revising officer shall notify the appellant at the address referred to in section 3(1)(b) and where appropriate, the person in respect of whom the objection is made, by post, that such determination shall stand or of his ruling, as may be appropriate. (Enacted 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 5 Notification of rulings VerDate:30/06/1997 The revising officer shall, as regards those hearings held pursuant to section 3 and concluded - (a) during the period beginning on 18 July in any year and ending on 1 June in the following year, notify the registration officer, on or before 4 June in that following year; and (b) during the period beginning on 2 June and ending on 17 July in any year, notify the registration officer, on or before 20 July in that year, in relation to each notice of claim or notice of objection concerned, that the determination of the registration officer shall stand pursuant to section 3(4)(a) or of the ruling of the revising officer under section 3(4)(b), as may be appropriate. (Enacted 1994; L.N. 138 of 1995) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 6 Determination of matters and powers of adjournment, etc. VerDate:30/06/1997 The revising officer shall determine every matter to be determined by him under this Regulation as soon as practicable, and the hearing of any such matter shall, as far as is practicable having regard to the interests of justice, be continued from day to day (excluding general holidays) until its conclusion, but subject to the foregoing, the hearing and determination of any such matter may be adjourned at any time. (Enacted 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 7 Review of rulings by revising officer VerDate:30/06/1997 (1) The revising officer may, subject to subsection (2), and on his own initiative or for good cause shown by the registration officer or any other person concerned in any ruling under section 3(4)(b), review any ruling made under that section, and for that purpose may rehear the matter wholly or in part and reverse or confirm his previous ruling. (2) A ruling under section 3(4)(b) made - (a) during the period beginning on 18 July in any year and ending on 1 June the following year may only be reviewed during that period; and (b) during the period beginning on 2 June and ending on 17 July in any year may only be reviewed during that period. (L.N. 138 of 1995) (Enacted 1994) ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) (APPEALS) - SECT 8 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1994)