Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 8

Proposed omission of names from final register

Caution: This is a past version. See the current version here.

(1) The registration officer may, in accordance with subsection

(2), make such inquires as he thinks fit for the purpose of ascertaining-

   (a)  whether a person whose name appears in the existing final register-

        (i)    is dead;

        (ii)   has ceased to be ordinarily resident in Hong Kong;

        (iii)  is not entitled to be registered as an elector under section  7
               (1)(a) of the Electoral Provisions Ordinance ( Cap. 367);

        (iv)   fails to satisfy the requirements of section 8, 8A, 9 or 10 of
               that Ordinance; or

        (v)    is disqualified under section 11 of that Ordinance; or

   (b)  whether the address contained under section 4(1)(b)(ii) in relation to
        an entry in respect of a person is no longer the address of that
        person's principal place of residence. (L.N. 365 of 1994)

(2) An inquiry under subsection (1)-

   (a)  shall be made in writing and sent by post; and

   (b)  may be made-

        (i)    of a person whose name appears in an existing final register,
               only on or before 1 June in any year; and

        (ii)   of any other source the registration officer considers
               appropriate, at any time. (L.N. 586 of 1994)

(3) Where an inquiry is made of any public officer pursuant to subsection
(2)(b)(ii), the officer shall provide the relevant information within a period
which the registration officer considers reasonable in the particular case.
(L.N. 586 of 1994)

(4) For the avoidance of doubt it is declared that an inquiry under this
section shall not be made for any purpose other than that of compiling a
register. (L.N. 586 of 1994)

(5) Any information obtained under this section shall not be used other than
for the purpose of compiling a register or in connection with an investigation
or proceedings relating to an offence under this Regulation. (L.N. 586 of
1994)

(6) Subject to subsection (8), the registration officer shall include in a
provisional register a list consisting of-

   (a)  the identity card number, name and other particulars referred to in
        section 4 of a person who was the subject of an inquiry under this
        section in the year for which that provisional register is being
        compiled, if-

        (i)    the inquiry was made of that person, and- (A) the information
               sought was not received by the registration officer within 1
               month beginning on the date it was made; or (B) that person, in
               response to the inquiry, informs the registration officer that
               he does not wish his identity card number, name or other
               particulars to be included in a register;

        (ii)   it appears to the registration officer, from information
               received in response to the inquiry or otherwise, that such
               person is dead or had ceased to be entitled to be registered;

        (iii)  the registration officer, notwithstanding any information to
               the contrary received by him, is satisfied that such person is
               dead, disqualified from being registered or not qualified to be
               registered;

        (iv)   the registration officer has reason to believe, from
               information received in response to the inquiry or otherwise,
               that the address contained under section 4(1)(b)(ii) in
               relation to the entry relating to that person is no longer the
               address of his principal place of residence, and the address of
               his principal place of residence is not known to the
               registration officer at the time the list is prepared; or

        (v)    the registration officer, notwithstanding any information to
               the contrary received by him, is satisfied that the address
               contained under section 4(1)(b)(ii) in relation to the entry
               relating to that person is no longer the address of his
               principal place of residence, and the address of his principal
               place of residence is not known to the registration officer at
               the time the list is prepared;

   (b)  the identity card number, name and other particulars referred to in
        section 4 of a person whose name appears in the existing final
        register and of whose death the registration officer has received
        information from the Registrar of Births and Deaths on or before 1
        June of the year for which that provisional register is being compiled
        and after 1 June of the immediately preceding year. (L.N. 586 of 1994)

(7) The registration officer shall show in the provisional register that the
identity card numbers, names and other particulars in the list referred to in
subsection (6) are those he proposes to omit from the final register to be
compiled for that year.

(8) The identity card number, name or other particulars of a person referred
to in subsection (6)(a)(i)(A) shall not be included in a list of proposed
omissions unless the registration officer has sent to him by post, a notice
(whether contained in the inquiry or otherwise) at the address shown in the
existing final register and any other address the registration officer thinks
fit, stating that the registration officer proposes to omit his identity card
number, name and other particulars from the final register to be compiled, if
the relevant information is not received by him within 1 month beginning on
the date of the inquiry. (L.N. 586 of 1994) (Enacted 1994)