Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 2

Interpretation

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

(1) In this Regulation, unless the context otherwise requires- "by-election"
(補選) has the meaning assigned to it by section 2(1) of the
Electoral Provisions Ordinance ( Cap 367); "constituency" (選區) means, in
relation to a particular election, a geographical constituency for that
election; (L.N. 221 of 1995) "counting agent" (監察點票代理人) means a
person appointed under section 43; (L.N. 221 of 1995) "counting station"
(點票站) means a place designated under section 19 for one or more of the
purposes specified in subsection (1)(b), (c) and (d) of that section; (L.N.
221 of 1995) "election" (選舉) means an ordinary election or a by-election;
(L.N. 221 of 1995) "election advertisement" (競選廣告) means any publicity
material used or intended to be used by or on behalf of a candidate for the
purpose of promoting or advertising that candidate in connection with an
election; "election agent" (選舉代理人) means a person appointed as an
election agent under section 15; "election expense agent"
(選舉開支代理人) means a person authorized under section  16A for the
purpose of incurring election expenses; (L.N. 221 of 1995) "election expenses"
(選舉開支) has the meaning assigned to it by section 2 of the
Corrupt and Illegal Practices Ordinance ( Cap 288); (L.N. 221 of 1995)
"election petition" (選舉呈請、選舉呈請書) has the meaning assigned
to it by section  2 (1) of the Electoral Provisions Ordinance ( Cap 367);
"functional constituency" (功能組別) has the meaning assigned to it by
section  2 of the Legislative Council (Electoral Provisions) Ordinance (
Cap 381); (L.N. 221 of 1995) "geographical constituency" (地方選區) means,
in relation to a particular election, an area declared under section 3 of the
Electoral Provisions  Ordinance ( Cap 367) to be a constituency for the
purposes of that election; (L.N. 221 of 1995) "no canvassing area"
(禁止拉票區) means, in relation to a polling station, the area declared
under section 25 to be such an area in respect of that polling station; (L.N.
221 of 1995) "no staying area" (禁止逗留區) means, in relation to a
polling station, the area declared under section 25 to be such an area in
respect of that polling station; (L.N. 221 of 1995) "nomination paper"
(提名書) means a document in the specified form submitted under Part II for
the purpose of nominating a person as a candidate; (L.N. 221 of 1995)
"nomination period" (提名期) in relation to a constituency in respect of-

   (a)  an ordinary election; or

   (b)  a by-election, means the period specified in a notice of ordinary
        election or a notice of by-election respectively, relating to that
        constituency, as the period for receipt by the returning officer of
        nominations in respect of that constituency; "notice of by-election"
        (補選公告) means a notice published under section 4, 5 or 14;
        "notice of ordinary election" (一般選舉公告) means a notice
        published under section 3(1); "ordinary election" (一般選舉) has
        the meaning assigned to it by section 2(1) of the
        Electoral Provisions Ordinance ( Cap 367); "polling agent"
        (監察投票代理人) means a person appointed under section 27;
        (L.N. 221 of 1995) "polling station" (投票站) means a place
        designated-

   (a)  under section 19 for the purpose of conducting a poll in respect of an
        election under this Regulation; or

   (b)  under section 20 of the Boundary and Election Commission 
        (Electoral Procedure) (Functional Constituencies and Election Committee 
        Constituency) Regulation ( Cap 432 sub. leg.) for the purpose of
        conducting a poll referred to in paragraph (a) and a poll in respect
        of an election or a by-election held under the
        Legislative Council (Electoral Provisions)  Ordinance ( Cap 381);
        (L.N. 221 of 1995) "presiding officer" (投票站主任) means a
        person appointed under section  20 (1)(a) to preside at a polling
        station; (L.N. 221 of 1995) "returning officer" (選舉主任) has the
        meaning assigned to it by section 2(1) of the
        Electoral Provisions Ordinance ( Cap 367); "specified address"
        (指明地址) in relation to a constituency means the address
        specified in a notice of ordinary election or notice of by-election in
        respect of that constituency as the address at which nominations in
        relation to that constituency for the purposes of that election or
        by-election must be submitted; (L.N. 221 of 1995) "specified form"
        (指明格式) in relation to any purpose under this Regulation means
        the form specified under section 75 by the Commission for such
        purpose; (L.N. 221 of 1995) "specified polling station"
        (指明投票站) means a polling station designated under
        section 19(6)(a); (L.N. 221 of 1995) "working day" (工作日) means
        any day other than a general holiday or Saturday.

(2) In this Regulation any reference to-

   (a)  (Repealed L.N. 221 of 1995)

   (b)  a "Form" followed by a number means the form bearing that number
        prescribed in the Schedule;

   (c)  a returning officer in relation to a particular constituency shall be
        construed as a reference to the returning officer appointed in respect
        of that constituency or the District in which such constituency is
        located, as the case may be; and

   (d)  a presiding officer or counting officer in relation to a polling
        station or counting station, as the case may be, shall be construed as
        a reference to the presiding officer or counting officer respectively
        appointed in respect of that polling station or counting station.
        (L.N. 221 of 1995)

(3) In this Regulation-

   (a)  "candidate" (候選人) means-

        (i)    on section 77 and the definition of "election advertisement"-
               (A) a person who intends to stand for election to act as a
               member of the Legislative Council, the Urban Council, the
               Regional Council or a District Board (whether or not he has
               submitted a nomination paper for the purpose under Part II) in
               an election; or (B) a validly nominated candidate in respect of
               a constituency as regards which a poll is being or has been
               held in the relevant election;

        (ii)   in Part II, a person referred to in subparagraph (i)(A); and

        (iii)  in Parts III, IV, V, VI and VII (except in section 77), a
               person referred to in subparagraph (i)(B);

   (b)  any reference to nominating a person as a candidate or being nominated
        as a candidate shall be construed as a reference to nominating or
        being nominated under Part II to stand for election to act as a member
        of the Legislative Council, the Urban Council, the Regional Council or
        a District Board as the case may require;

   (c)  any reference to a "validly nominated candidate" shall be construed as
        a reference to a person whom the returning officer has decided under
        section 9 to be a validly nominated candidate in respect of the
        constituency for which he has submitted a nomination paper or a
        candidate who, under section 9(2), is deemed to stand nominated; and

   (d)  any reference to a candidate in relation to a constituency shall be
        construed as a reference to a candidate standing for election for that
        constituency in an election to act as a member of the Legislative
        Council, the Urban Council, the Regional Council or a District Board
        as the case may require. (L.N. 221 of 1995) (Enacted 1994; L.N. 221 of
        1995) "by-election" (補選) "constituency" (選區) "counting agent"
        (監察點票代理人) "counting station" (點票站) "election"
        (選舉) "election advertisement" (競選廣告) "election agent"
        (選舉代理人) "election expense agent" (選舉開支代理人)
        "election expenses" (選舉開支) "election petition"
        (選舉呈請、選舉呈請書) "functional constituency"
        (能組別) "geographical constituency" (地方選區) "no
        canvassing area" (禁止拉票區) "no staying area" (禁止逗留區)
        "nomination paper" (提名書) "nomination period" (提名期) "notice
        of by-election" (補選公告) "notice of ordinary election"
        (一般選舉公告) "ordinary election" (一般選舉) "polling
        agent" (監察投票代理人) "polling station" (投票站)
        "presiding officer" (投票站主任) "returning officer"
        (選舉主任) "specified address" (指明地址) "specified form"
        (指明格式) "specified polling station" (指明投票站) "working
        day" (工作日) "candidate" (候選人)