BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - CHAPTER 432C BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) 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)) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 432 section 7) (15 December 1994) (L.N. 585 of 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 PART I PRELIMINARY (Omitted as spent) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "1991 functional constituency" (1991年功能組別) means a constituency which immediately before the commencement date- (a) was a functional constituency within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); and (b) existed under that Ordinance; "by-election" (補選) means an election held for the purposes of section 11 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "commencement date" (生效日期) means the date on which Schedule 2 comes into operation; "constituency" (選舉組別), except in the expression "1991 functional constituency", has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "corresponding functional constituency" (相應功能組別), in relation to a particular 1991 functional constituency specified in column 2 of the Schedule, means the functional constituency specified opposite to that constituency in column 3 of that Schedule; "due date" (到期日), in relation to a notification, means 1 June next following the date of the notification; "elected Member" (民選議員) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "election" (選舉) means- (a) an election held to elect all the elected Members of the Legislative Council in respect of the functional constituencies or the election committee constituency; or (b) a by-election; "election committee constituency" (選舉委員會組別) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "elector" (選民) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "eligible person" (有資格人士) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "final register" (正式選民登記冊) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "functional constituency" (功能組別), except in the expression "1991 functional constituency", has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "identity card" (身分證) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "list of proposed omissions" (擬略名單), in relation to a provisional register, means the list included in that provisional register under section 11(6); "member of the Heung Yee Kuk" (鄉議局成員) means a person specified in the second column of Schedule 2 in relation to item 3 of Part I of that Schedule; "new functional constituency" (新功能組別) means a functional constituency specified in item 21, 22, 23, 24, 25, 26, 27, 28 or 29 of Part II of Schedule 2; "notification" (通知) means a notification sent under section 7(1); "polling station" (投票站) means a place designated as a polling station under section 3; "provisional register" (臨時選民登記冊) means a register compiled for the purposes of section 4(a); "register" (選民登記冊) means a provisional register or a final register; "registration officer" (登記主任) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "revising officer" (修正主任) has the meaning assigned to it by the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "Schedule 2" (附表2) means Schedule 2 to the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "working day" (工作日) means any day other than a general holiday or Saturday; "working person" (在職人士) means a working person referred to in Note (10). (2) Subject to section 22(2), in this Regulation any reference to- (a) an "existing final register" (現有的正式選民登記冊) shall be construed- (i) in relation to the functional constituencies, as a reference to the final register in respect of the functional constituencies which is in force before the publication of the next final register in respect of those constituencies; and (ii) in relation to the election committee constituency, as a reference to the final register in respect of the election committee constituency which is in force before the publication of the next final register in respect of that constituency; (b) being registered in a 1991 functional constituency shall be construed as a reference to being registered, in respect of such a constituency, in the existing final register as at the commencement date; (c) a "Note" (註) followed by an Arabic numeral within a pair of round brackets shall be construed as the Note of that number in the Notes to Schedule 2. (Enacted 1994) "1991 functional constituency" (1991年功能組別) "by-election" (補選) "commencement date" (生效日期) "constituency" (選舉組別) "corresponding functional constituency" (相應功能組別) "due date" (到期日) "elected Member" (民選議員) "election" (選舉) "election committee constituency" (選舉委員會組別) "elector" (選民) "eligible person" (有資格人士) "final register" (正式選民登記冊) "functional constituency" (功能組別) "identity card" (身分證) "list of proposed omissions" (擬略名單) "member of the Heung Yee Kuk" (鄉議局成員) "new functional constituency" (新功能組別) "notification" (通知) "polling station" (投票站) "provisional register" (臨時選民登記冊) "register" (選民登記冊) "registration officer" (登記主任) "revising officer" (修正主任) "Schedule 2" (附表2) "working day" (工作日) "working person" (在職人士) "existing final register" (現有的正式選民登記冊) "Note" (註) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 3 (Repealed) VerDate:30/06/1997 (Repealed L.N. 220 of 1995) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 4 Registration officer to compile registers VerDate:30/06/1997 PART II REGISTRATION OFFICER'S DUTY TO COMPILE REGISTERS, FORM OF REGISTERS, REQUIREMENT OF INFORMATION AND NOTIFICATIONS BY REGISTRATION OFFICER The registration officer shall compile, for every year- (a) a provisional register in respect of the functional constituencies and a provisional register in respect of the election committee constituency; and (b) a final register in respect of the functional constituencies and a final register in respect of the election committee constituency. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 5 Form of registers VerDate:30/06/1997 (1) A register in respect of the functional constituencies referred to in section 4 ("functional constituency register") shall be divided into parts so that there is a separate part in the register for each such functional constituency. (2) An entry in a functional constituency register in respect of an eligible person shall- (a) show the identity card number and name of the eligible person; and (b) contain- (i) the letter "M" for male or "F" for female to denote the sex of the person; and (ii) the address of the principal place of residence of that person. (3) In addition to the information referred to in subsection (2), a functional constituency register shall, where the eligible person concerned- (a) is a "relevant person" referred to in Note (8), contain the name and business address of the relevant company, partnership, sole proprietorship or other organization or body referred to in that Note; (b) is an officer of a trade union referred to in item 11 of Part II of Schedule 2, contain the name and address of the trade union; (c) is an "employee" referred to in Note (10), contain the name and business address of his employer; (d) is an "employer" or "self-employed person" referred to in Note (10) , contain the name and business address of that employer or person; and (e) is a director of a company, partner or sole proprietor referred to in Note (10), contain the name and business address of the company, partnership or sole proprietorship. (4) The entries in a functional constituency register shall be arranged by reference to the functional constituencies. (5) Subject to subsection (4), the following shall apply in respect of the entries in a functional constituency register- (a) in the case of the Urban Council functional constituency, Regional Council functional constituency, Rural functional constituency, Education functional constituency, Legal functional constituency, Accountancy functional constituency, Medical functional constituency, Health Services functional constituency, Engineering functional constituency and Architectural, Surveying and Planning functional constituency, the order of appearance in the register of the names of the eligible persons shall be determined by reference to the alphabetical and numerical order of their respective identity card numbers; (b) in the case of the Social Welfare functional constituency, Real Estate and Construction functional constituency, Commercial (Second) functional constituency, Industrial (First) functional constituency and Financial Services functional constituency, the relevant part of the register shall be subdivided into 2 parts, namely Sub-Part 1 and Sub-Part 2; (c) in the case of the functional constituencies other than those referred to in paragraphs (a) and (b), the order of appearance of the names of the eligible persons in a register shall be as follows- (i) in the case of the persons referred to in subsection (3) (a), (c), (d) and (e)- (A) the names of the companies, partnerships, sole proprietorships or other organizations or bodies concerned shall be arranged in alphabetical order; and (B) under the name of each company, partnership, sole proprietorship or other organization or body, the names of the relevant persons in respect thereof shall be arranged according to the alphabetical and numerical order of their respective identity card numbers; and (ii) in the case of the persons referred to in subsection (3) (b), the names of the trade unions concerned shall be arranged in the alphabetical order and under each such name the names of the officers of that trade union shall be arranged according to the alphabetical and numerical order of their respective identity card numbers. (6) The following shall apply in respect of Sub-Part 1 and Sub-Part 2 referred to in subsection (5)(b)- (a) the entries relating to those persons who are "relevant persons" referred to in items 12(a), 13(a)(ii), (b) and (c), 16(b), 17(b) and 20(a)(ii), (b)(ii), (c) and (d) of Part II of Schedule 2 shall be contained in Sub-Part 1 and the order of appearance of the names of those relevant persons shall be determined as follows- (i) the names of the companies, partnerships, sole proprietorships or other organizations or bodies concerned shall be arranged in alphabetical order; and (ii) under the name of each company, partnership, sole proprietorship or other organization or body, the names of the relevant persons in respect thereof shall be arranged according to the alphabetical and numerical order of their respective identity card numbers; (b) the entries relating to the eligible persons described in items 12(b), 13(a)(i), 16(a), 17(a) and 20(a)(i) and (b)(i) of Part II of Schedule 2 shall be contained in Sub-Part 2 and arranged according to the alphabetical and numerical order of the respective identity card numbers of those persons. (7) An entry relating to an eligible person in a register in respect of the election committee constituency ("election committee constituency register") shall- (a) show the identity card number and name of the eligible person; and (b) contain- (i) the letter "M" for male or "F" for female to denote the sex of the person; and (ii) the address of the principal place of residence of the person; and (iii) the name of the District Board of which that person is a member. (8) The entries in an election committee constituency register shall be arranged by reference to the respective District Boards of which the eligible persons are members. (9) Subject to subsection (8), the order of appearance of the names of the eligible persons in an election committee constituency register shall be as follows- (a) the names of the District Boards shall be arranged in alphabetical order; and (b) under each such name the names of the eligible persons shall be arranged according to the alphabetical and numerical order of their respective identity card numbers. (10) In a register, the name of an eligible person shall be entered- (a) in English, if the signature of the applicant on the relevant application for registration is in English; (b) in Chinese, if such signature is in Chinese; and (c) in English or Chinese as determined by the registration officer, if the application is signed otherwise than in the manner referred to in paragraph (a) or (b) or if the registration is under section 8 pursuant to a notification. (11) Where the name by which a company, partnership, sole proprietorship or other organization or body or trade union is known is in a language other than English, the registration officer may, for the purpose of complying with the requirements of subsections (3), (5)(c) and (6), assign to it a name, being a transliteration (which shall be determined by the registration officer in his absolute discretion) in the Roman alphabet, of the name by which it is known. (12) Subject to this section, a register may be in such form as the registration officer considers appropriate. (13) Any- (a) omission of a particular referred to in this section from an entry in a register, other than an omission of both the identity card number and the name of a person; or (b) inaccuracy in a particular referred to in this section, shall not prevent the person to whom the entry relates from voting at an election. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 6 Registration officer to require information VerDate:30/06/1997 (1) The registration officer may, for the purpose of compiling a register, require- (a) a company or other organization or body; (b) a partner of a partnership, sole proprietor or employer; and (c) a public officer, public body or public authority, to furnish to him any information for that purpose. (2) Without prejudice to the generality of subsection (1), the registration officer may under that subsection require information as to- (a) the names of the members of a body; (b) the names of the employees of a company, partnership, sole proprietorship or other organization or body; (c) the names of the members of the board of directors, senior management, management or executive committee (however described), chief executive (however described) or other governing body of a company, partnership, sole proprietorship or other organization or body, the names of the partners of a partnership and the name of the sole proprietor of a sole proprietorship; (d) the name of any eligible person referred to in Part II of Schedule 2; (e) the identity card number of a person, being an individual, referred to in paragraph (a), (b), (c) or (d); (f) the name, address, number of employees, nature of business, state of business, business registration number, identifier and District Board code of a company, partnership, sole proprietorship or other organization or body; and (g) the name and address of a trade union. (3) Subject to subsection (4), a person of whom a requirement is made under this section shall comply with it within one month of its being made. (4) The registration officer may, if he thinks fit in a particular case, extend the period referred to in subsection (3) and where he does so the person of whom the requirement is made shall comply with it before the expiry of such extended period. (5) Notwithstanding subsections (1) and (2), for the purpose of sending a notification, the only information the registration officer may require under subsection (1) in relation to a company, partner, partnership, sole proprietor, or employer or other organization or body is- (a) the nature of the business carried on by such company, partner, partnership, sole proprietor, or employer or other organization or body or, if more than one business is carried on, the nature of the principal business; (b) the name and identity card number of any working person thereof or, in the case of an employer, employed by him. (L.N. 9 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 7 Notification by registration officer VerDate:30/06/1997 (1) The registration officer may, at least 14 days before 1 June in a year, send by post a notification described in subsection (2), to- (a) a working person who is registered as an elector under the Electoral Provisions Ordinance (Cap. 367); or (b) a member of a District Board, the Urban Council, the Regional Council or the Heung Yee Kuk. (2) A notification shall state the identity card number, name, address and sex of the person to whom it is sent. (3) A notification sent to a person who is not a member of a District Board, the Urban Council, the Regional Council or the Heung Yee Kuk, and who is- (a) not registered in a 1991 functional constituency, shall contain the name and address of his employer and state that, for the purpose of voting, he will be registered in a new functional constituency (the name of which shall be specified in the notification) unless he elects not to be so registered by informing the registration officer accordingly on or before the due date; or (b) registered in a 1991 functional constituency (other than the Urban Council functional constituency, the Regional Council functional constituency or the Rural functional constituency), shall contain the name and address of his employer and the name of the new functional constituency in which he can be registered, and state that he may elect to be so registered by informing the registration officer accordingly on or before the due date. (4) A notification sent to a person who is a member of a District Board, but not a member of the Urban Council, the Regional Council or the Heung Yee Kuk, and who- (a) is not registered in a 1991 functional constituency, shall state that he will be registered in the election committee constituency unless he elects not to be so registered by informing the registration officer accordingly on or before the due date; or (b) is registered in a 1991 functional constituency, shall state that he will cease to be so registered and be registered in the election committee constituency but that he may elect not to be so registered by informing the registration officer accordingly on or before the due date. (5) A notification sent to a person who is registered in- (a) the Urban Council functional constituency and is a member of the Urban Council; (b) the Regional Council functional constituency and is a member of the Regional Council; or (c) the Rural functional constituency and is a member of the Heung Yee Kuk, (whether or not such person is a member of a District Board), shall, subject to subsection (7), state that he will be registered in the corresponding functional constituency unless he elects not to be so registered by informing the registration officer accordingly on or before the due date. (6) A notification sent to a person who is a member of- (a) the Urban Council but is not registered in the Urban Council functional constituency; (b) the Regional Council but is not registered in the Regional Council functional constituency; or (c) the Heung Yee Kuk but is not registered in the Rural functional constituency, shall, subject to subsection (7), state that he will be registered in the Urban Council functional constituency, the Regional Council functional constituency or the Rural functional constituency, as may be appropriate, unless he elects not to be so registered by informing the registration officer accordingly on or before the due date. (7) A notification referred to in subsection (5) or (6) sent to the Chairman or a Vice-Chairman of the Heung Yee Kuk- (a) in the case he is registered in the Regional Council functional constituency or the Rural functional constituency, shall state that he will be registered in the corresponding functional constituency unless he elects to be registered in the other corresponding functional constituency or not to be registered in either; and (b) in the case he is not registered in either the Regional Council functional constituency or the Rural functional constituency, state that he will be registered in one of them (as specified in the notification) unless he elects to be registered in, of those two functional constituencies, the functional constituency other than the one specified, or not to be registered in either of them, by informing the registration officer accordingly on or before the due date. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 8 Registration in the provisional registers pursuant to a notification VerDate:30/06/1997 (1) If, on or before the due date, a person to whom a notification referred to in section 7(3)(a) is sent- (a) does not inform the registration officer that he elects not to be registered in the new functional constituency specified in the notification, the registration officer shall register that person in that constituency; or (b) informs the registration officer in writing that he- (i) elects not to be registered in the new functional constituency specified in the notification; or (ii) is not or has ceased to be qualified for registration in that constituency, he shall not be so registered. (2) If, on or before the due date, a person to whom a notification referred to in section 7(3)(b) is sent- (a) elects to be registered in the new functional constituency specified in the notification, the registration officer shall register him in that constituency; (b) does not inform the registration officer that he elects to be registered in the new functional constituency specified in the notification, the registration officer shall register him in the corresponding functional constituency; or (c) informs the registration officer in writing that he- (i) elects not to be registered; or (ii) is not or has ceased to be qualified for registration, he shall not be registered. (3) If, on or before the due date, a person who is a member of a District Board to whom a notification referred to in section 7(4)(a) is sent- (a) does not inform the registration officer that he elects not to be so registered in the election committee constituency, the registration officer shall register him in that constituency; or (b) informs the registration officer in writing that he- (i) elects not to be registered in the election committee constituency; or (ii) is not or has ceased to be qualified for registration in the election committee constituency and any functional constituency, he shall not be registered. (4) If, on or before the due date, a person who is a member of a District Board to whom a notification referred to in section 7(4)(b) is sent- (a) does not inform the registration officer that he elects not to be registered in the election committee constituency, the registration officer shall register him in that constituency; or (b) informs the registration officer in writing that he- (i) elects not to be registered; or (ii) is not or has ceased to be qualified for registration in the election committee constituency and any functional constituency, he shall not be registered. (5) If, on or before the due date, a person to whom a notification referred to in section 7(5) is sent- (a) does not inform the registration officer that he elects not to be registered in the corresponding functional constituency, he shall be so registered; or (b) informs the registration officer in writing that he- (i) elects not to be registered; or (ii) is not or has ceased to be qualified for registration, he shall not be registered. (6) If, on or before the due date, a person to whom a notification referred to in section 7(6) is sent- (a) does not inform the registration officer that he elects not to be so registered, the registration officer shall register him in the appropriate functional constituency; or (b) informs the registration officer in writing that he- (i) elects not to be registered; or (ii) is not or has ceased to be qualified for registration in respect of the relevant functional constituency, he shall not be registered. (7) Notwithstanding anything in subsection (5) or (6), where a notification referred to in section 7(5) or (6) is sent to the Chairman or a Vice-Chairman of the Heung Yee Kuk who- (a) is not registered, and he does not inform the registration officer on or before the due date that he elects not to be registered in the functional constituency specified in the notification, he shall be registered in that constituency; and (b) is registered, and he elects to be registered in a functional constituency other than the one in which he is registered (being a functional constituency in respect of which he is entitled to be registered), he shall be registered in the functional constituency of his choice. (8) Notwithstanding anything in this section- (a) where a person does not respond on or before the due date to a notification but makes an application under section 9 for registration in a functional constituency, the registration officer shall determine the constituency in which he should be registered having regard to such application; and (b) where the registration officer is satisfied that a notification has not reached the person to whom it was sent, he shall not register such person under this section. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 9 Application for registration in provisional register VerDate:30/06/1997 PART III APPLICATION FOR REGISTRATION IN AND COMPILATION OF PROVISIONAL REGISTER (1) An application by a person for registration in a provisional register shall be made to the registration officer. (2) An application under this section shall be in the specified form and be signed by the applicant and may be completed either in English or Chinese and sent by post or delivered by hand to the registration officer. (3) An application for registration in a provisional register compiled for a particular year must be made so as to be received by the registration officer on or before 1 June in that year. (4) An application for registration in a provisional register received after 1 June in any year shall be treated as an application received on or before 1 June in the next following year for registration in the relevant provisional register compiled for that following year. (5) Where an officer of a trade union referred to in Note (7) or a relevant person referred to in Note (8), who is registered in a functional constituency- (a) dies; or (b) notifies the registration officer in writing that he wishes to have the entry in the register relating to him, and in respect of that functional constituency, to be removed, another person, being an officer of the trade union concerned or a relevant person in relation to the constituency concerned, may make an application, in the specified form, for registration in the place of the first-mentioned officer or relevant person. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 10 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 10 Powers and procedure on application for registration in provisional register VerDate:30/06/1997 (1) Where the registration officer receives an application for registration under section 9, he shall as soon as practicable, subject to subsections (2), (3), (4) and (10), determine- (L.N. 9 of 1995) (a) that the applicant is entitled to be registered in the constituency to which the application relates; (b) that the applicant is not entitled to be registered in the constituency referred to in paragraph (a) but is entitled to be registered in another constituency; or (c) that the applicant is not entitled to be registered. (2) Subject to subsection (4), before making a determination under subsection (1), the registration officer- (a) may request the applicant in writing to furnish- (i) further particulars relating to the application or proof that he is entitled to be registered in the provisional register to which the application relates; or (ii) both such particulars and proof; and (b) shall, where he makes such a request, inform the applicant in writing that the registration officer may decide to take no further action as regards the application if the particulars are, or the proof is, not received by the registration officer within a period specified by him or on or before 10 June next following the making of the request, whichever is earlier. (3) Where an applicant does not furnish particulars or proof to the satisfaction of the registration officer to be received by him within the period specified under subsection (2)(b) or on or before the date referred to in that subsection, as may be appropriate, the registration officer may decide to take no further action as regards the relevant application, and where the applicant does so furnish the particulars or proof, or both, as the case may be, the registration officer shall make a determination under subsection (1). (4) Where the registration officer is satisfied that any application for registration in the provisional register received by him is manifestly an abuse of the registration procedure he shall take no further action as regards that application. (5) Where the registration officer is satisfied that an applicant for registration in a provisional register is registered in the corresponding existing final register he may take no further action as regards that application. (6) Where the registration officer determines- (a) that an applicant is entitled to be registered; and (b) the appropriate constituency in which to register him, he shall inform the applicant in writing as soon as practicable. (7) The registration officer shall- (a) make a determination in relation to the registration of a person in a new functional constituency in accordance with the business of the employer of the applicant and, where the employer is engaged in more than one business, his principal business; and (b) refer, where appropriate, to the classification scheme known as the "Hong Kong Standard Industrial Classification" referred to in Note (10) in determining the business or principal business of an employer for the purposes of paragraph (a). (8) Where the registration officer makes a determination under subsection (1)(b) or (c) or decides under subsection (3) to take no further action as regards an application he shall, as soon as practicable, inform the applicant concerned in writing of such determination or decision. (9) In compiling a provisional register, the registration officer may, without prejudice to the generality of his powers, decide the following- (a) (Repealed L.N. 9 of 1995) (b) in relation to an application for registration in the Social Welfare functional constituency, not to accept such application for the reason that if the applicant is registered the maximum number specified in Note (8) in relation to such functional constituency will be exceeded, such decision being made in accordance with a relevant resolution of the Legislative Council referred to in Note (8)(c); (c) in respect of a functional constituency (other than the Social Welfare functional constituency) in registering electors under subsection (10), not to register a person who has applied to be registered in place of a person already registered in respect thereof unless he produces the consent of the person who is already registered and a certification from the body concerned that the applicant is entitled to be so registered. (L.N. 9 of 1995) (10) The following shall apply as regards the registration in a functional constituency (other than the Social Welfare functional constituency) of the maximum number of electors in relation to a company, partnership, or other organization or body or trade union- (a) if the number of applications- (i) from eligible persons (excluding any person to whom a restriction in section 14 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) applies); (ii) for such registration in relation to a particular company, partnership, or other organization or body or trade union; and (iii) received by the registration officer on or before 1 May, exceeds the maximum number, the registration officer shall draw lots, as soon as practicable after 1 May, in such manner as he considers appropriate, to determine the applicants (whose number shall be equal to the maximum number) entitled to be registered in relation to that company, partnership, or other organization or body or trade union and register those so determined to be entitled; (b) as soon as practicable after a draw under paragraph (a), the registration officer shall inform any eligible person who by reason of the draw is not entitled to be registered- (i) of the result of the draw; (ii) that he may apply for registration as an elector in relation to another company, partnership, or organization or body or trade union, if he is eligible to do so and if the maximum number of electors has not been registered in relation thereto; (iii) that he may apply for registration in another functional constituency, not being a constituency subject to a maximum number, if he is eligible for such registration; (c) if the number of applications- (i) from eligible persons (excluding any person to whom a restriction in section 14 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) applies); (ii) for such registration in relation to a particular company, partnership, or other organization or body or trade union; and (iii) received by the registration officer on or before 1 May, is less than or equal to the maximum number, the registration officer shall determine as regards each applicant concerned whether or not he is entitled to be registered in relation to that company, partnership, or other organization or body or trade union and register those he determines to be so entitled; (d) if on 1 June, in relation to a particular company, partnership, or other organization or body or trade union- (i) no applicants have been registered as electors; or (ii) the number of applicants registered pursuant to paragraph (c) (referred to as "registered applicants" in this paragraph and paragraph (e)) is less than the maximum number, and the number of applications received by the registration officer for such registration from eligible persons (excluding any person to whom a restriction in section 14 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) applies) after 1 May and on or before 1 June (whether such applications are made pursuant to paragraph (b)(ii) or otherwise)- (A) in the case referred to in subparagraph (i), exceeds the maximum number; and (B) in the case referred to in subparagraph (ii), exceeds the difference between the maximum number and the number of registered applicants, the registration officer shall draw lots, as soon as practicable after 1 June, in such manner as he considers appropriate, to determine the applicants (whose number shall be equal to the maximum number or the difference between the maximum number and the number of registered applicants, as the case may be) entitled to be registered in relation to that company, partnership, or other organization or body or trade union and register those so determined to be entitled; (e) if on 1 June, in relation to a particular company, partnership, or other organization or body or trade union- (i) no applicants have been registered as electors; or (ii) the number of registered applicants is less than the maximum number, and the number of applications received by the registration officer after 1 May and on or before 1 June for such registration from eligible persons (excluding any person to whom a restriction in section 14 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) applies) is- (A) in the case referred to in subparagraph (i), equal to or less than the maximum number; and (B) in the case referred to in subparagraph (ii), equal to or less than the difference between the maximum number and the number of registered applicants, the registration officer shall determine as regards each applicant concerned whether or not he is entitled to be registered in relation to that company, partnership, or other organization or body or trade union and register those he determines to be so entitled; (f) as soon as practicable after a draw under paragraph (d), the registration officer shall inform any eligible person who by reason of the draw is not entitled to be registered, of the result of the draw; (g) where the registration officer receives an application for registration pursuant to paragraph (b)(ii), if the applicant- (i) is not registered pursuant to paragraph (d) or (e); and (ii) has also made an application pursuant to paragraph (b) (iii) for registration in another functional constituency, the registration officer shall determine whether such person is entitled to be registered in that functional constituency, as if the application had been made under section 9; (h) in this subsection- (i) "maximum number" (最高限額) means, in relation to a company, partnership, or other organization or body or trade union, the number specified in Note (7) or (8), as may be appropriate, as the maximum number of persons that can be registered as electors in a functional constituency in relation to such company, partnership, or other organization or body or trade union; and (ii) the references to "1 May" and "1 June" shall be construed as 1 May and 1 June respectively in the year for which the relevant provisional register is being compiled. (L.N. 9 of 1995) (Enacted 1994) "maximum number" (最高限額) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 11 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 11 Proposed omission of names from final register VerDate:30/06/1997 (1) The registration officer may, in accordance with subsection (2), make such inquiries as he thinks fit to ascertain- (a) whether a person whose name appears in an existing final register- (i) is dead; (ii) has ceased to be ordinarily resident in Hong Kong; (iii) is not entitled to be or has ceased to be registered as an elector in respect of an election under the Electoral Provisions Ordinance (Cap. 367); (iv) is a person to whom any restriction relating to registration in section 14 of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) applies; (v) is disqualified for registration under section 15 of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381); (vi) has ceased to be entitled to be registered in the constituency in respect of which he is registered in an existing final register; (vii) has an identity card number different from that which appears in an existing final register; (viii) has changed his address or his principal place of residence; or (ix) has a different employer; and (b) whether the employer of any person whose name appears in an existing final register has changed his principal business. (2) An inquiry under subsection (1)- (a) shall be 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. (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. (4) For the avoidance of doubt it is declared that an inquiry under this section shall not be made for a purpose other than that of compiling a register. (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. (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 5 of a person who was the subject of an inquiry described in subsection (1)(a)(i), (ii), (iii), (iv), (v) or (vi) , made under subsection (2)(b)(i) 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 has ceased to be entitled to be registered; or (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; (b) the identity card number, name and other particulars referred to in section 5 of a person whose name appears in an 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; (c) the identity card number, name and other particulars referred to in section 5 of a person whose name appears in an existing final register, being a person referred to in section 8(6) of the Boundary and Election Commission (Registration of Electors) (Geographical Constituencies) Regulation (Cap. 432 sub. leg.); and (d) the identity card number, name and other particulars referred to in section 5 of a person whose name appears in an existing final register and who has informed the registration officer that he elects not to be registered. (7) The registration officer shall show in a provisional register that the identity card numbers, names and other particulars in the list included in that register under subsection (6) are those he proposes to omit from the relevant 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 the person concerned, by post, a notice (whether contained in the inquiry or otherwise) at the address shown in the relevant 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 corresponding final register to be compiled if the relevant information is not received by him within 1 month beginning on the date the inquiry is made. (9) Where the registration officer is satisfied that any information received in response to an inquiry under subsection (1)(a)(vii), (viii) or (ix) or (b) is correct he shall revise the relevant entry accordingly. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 12 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 12 Entry of corrected particulars in provisional register VerDate:30/06/1997 (1) An elector whose identity card number, name or any other relevant particular referred to in section 5(2)(b), (3) or (7) appears in an existing final register may request the registration officer in writing to make, in the entry relating to him, such alteration as specified by him. (2) Where the registration officer- (a) receives a request under subsection (1) on or before 1 June in any year and after 5 July of the immediately preceding year; and (b) is satisfied that the entry relating to the person is incorrect and should be corrected as requested, he shall, when compiling the corresponding provisional register for that year, enter in the appropriate place therein the particulars of the elector concerned corrected as requested, but if he is not so satisfied he shall not alter that entry. (3) If as a result of information obtained- (a) pursuant to an inquiry under section 11; or (b) by any other means, on or before 1 June in any year but after 5 July of the immediately preceding year, it appears to the registration officer that any particular in an entry in the relevant existing final register and to which the information relates is incorrect, he may, when compiling the relevant provisional register for that year, enter in the appropriate place the corrected particulars. (4) Where, under this section, the registration officer makes a correction or decides not to alter an entry as requested he shall, as soon as practicable, notify the elector concerned by post of such correction or decision. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 13 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 13 Contents of provisional register VerDate:30/06/1997 (1) The provisional register in respect of the functional constituencies shall contain the following- (a) subject to subsections (3) and (4) and sections 11(9), 12 and 20(2) and (3), the relevant particulars referred to in section 5(2) and (3) of an individual elector whose identity card number or name appears in the existing final register, not being a person whose particulars are included in a list of proposed omissions; (b) the identity card number, name and other relevant particulars referred to in section 5(2)(b) and (3) of each person whose application for registration in that register was received by the registration officer, during the period beginning on 2 June in the year immediately preceding the year for which the provisional register is being compiled and ending on 1 June of the year for which it is being compiled, and whom the registration officer has determined, under this Regulation, to be entitled to be registered; (c) subject to section 8(8), the identity card number, name and other relevant particulars referred to in section 5(2)(b) and (3) of a working person who has not informed the registration officer before the due date that he elects not to be registered as proposed by the registration officer in a notification; (d) the relevant particulars referred to in section 5 of a person whose claim under section 16 has been allowed by the revising officer during the period beginning on 18 July in the year immediately preceding the year for which the provisional register is being compiled and ending on 1 June of the year for which it is being compiled under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or any subsidiary legislation made thereunder; and (e) the relevant list of proposed omissions. (2) The provisional register in respect of the election committee constituency shall contain- (a) the identity card number, name and other relevant particulars referred to in section 5(7) of- (i) any person holding office as a member of a District Board whose name or identity card number appears in any existing final register in respect of the election committee constituency, not being a person whose particulars are included in the relevant list of proposed omissions; (ii) any member of a District Board not being a member of the Urban Council, the Regional Council or the Heung Yee Kuk, whose application for registration was received by the registration officer, during the period beginning on 2 June in the year immediately preceding the year for which the provisional register is being compiled and ending on 1 June of the year for which it is being compiled, and whom the registration officer has determined, under this Regulation, to be entitled to be registered; (iii) subject to section 8(8), any member of a District Board who has not informed the registration officer on or before the due date that he elects not to be registered under section 8 pursuant to a notification; and (b) the relevant list of proposed omissions. (3) The registration officer shall not include in a provisional register the identity card number, name or any other particular referred to in section 5 of any person in respect of whom an objection made under section 15 has, during the period beginning on 18 July in the year immediately preceding the year for which the provisional register is being compiled and ending on 1 June next following, been allowed by the revising officer under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or any subsidiary legislation made thereunder. (4) In the first provisional register prepared in respect of the functional constituencies after the commencement date, any entry relating to an individual elector, which appeared in the relevant existing final register in respect of a 1991 functional constituency shall, unless otherwise provided in this Regulation, be shown under the corresponding functional constituency. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 14 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 14 Publication of notice and inspection of provisional register VerDate:30/06/1997 (1) Before 22 June in each year the registration officer shall complete the compilation of the provisional register in respect of the functional constituencies and that in respect of the election committee constituency, and- (a) publish, before that date, in the Gazette and in at least 1 English language daily newspaper and 1 Chinese language daily newspaper, each in circulation in Hong Kong, a notice or where appropriate more than 1 notice, that a copy of each provisional register or a specified part of each register (where applicable) is available for inspection by the public during office hours on any working day during the period referred to in paragraph (b), and specify in the relevant notice an address or addresses at which a copy of each entire provisional register or the relevant part of it, as may be appropriate, may be so inspected; and (b) make available for inspection by the public a copy of each provisional register, as a whole or in parts, during the period commencing on the date of publication of a notice under paragraph (a) and ending on 5 July following that date, at such address or addresses. (2) The registration officer may, if he considers it appropriate, make available for public inspection, a copy of a specific part of each provisional register at an address additional to any address referred to in subsection (1) and at such hours and during such period as he thinks fit. (3) A copy of the provisional register in respect of the functional constituencies and that in respect of the election committee constituency made available for inspection under this section may be contained in one document. (4) The registration officer may, at any time, arrange the entries in a provisional register or any part of it in such form as he considers appropriate and make available, in accordance with subsection (5), a copy of the provisional register or any extract from it, so arranged, to any person he thinks fit, for any purpose related to an election. (L.N. 267 of 1995) (5) Where the registration officer makes available a copy of the provisional register or an extract from it under subsection (4), he shall specify the particular election in relation to which the copy of that register or the extract from it, as may be appropriate, may be used. (L.N. 267 of 1995) (6) Where a copy of the provisional register or an extract from it is made available to a person under subsection (4), he shall not, in relation to the copy or extract, do any act specified in section 23(3)(a), (c) or (d), for a purpose other than a purpose related to the particular election specified in relation to that copy or extract, as the case may be, under subsection (5). (L.N. 267 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 15 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 15 Notice of objection VerDate:30/06/1997 PART IV NOTICE OF OBJECTION AND NOTICE OF CLAIM AND CORRECTION OF PROVISIONAL REGISTER (1) A person who considers that any other person whose identity card number or name appears in a provisional register (not being a person whose identity card number or name is in a list of proposed omissions) is not entitled to be registered as an elector, or to be registered in the constituency to which the registration relates, may object to the registration of that person in the final register concerned or in respect of that constituency, by lodging a notice ("notice of objection") in accordance with subsection (2). (2) A notice of objection shall be in the specified form, addressed to the registration officer, and shall be delivered by the objector himself to the registration officer on or before 5 July in the year for which the relevant final register is being compiled. (3) The registration officer may require any person who lodges a notice of objection to identify himself by such means as the registration officer considers appropriate. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 16 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 16 Notice of claim VerDate:30/06/1997 (1) A person- (a) who has made an application for registration under section 9 and whose identity card number or name does not appear in the provisional register to which the application relates; or (b) in respect of whose application for registration the registration officer has made a determination under section 10(1)(c), or decided to take no further action under section 10(3), may make a claim that he is entitled to be registered as an elector. (2) A person whose identity card number or name is in a list of proposed omissions in- (a) a provisional register for the functional constituencies, may make a claim that he is entitled to be registered in the final register in the functional constituency specified by him in the notice of claim; or (b) a provisional register for the election committee constituency, may make a claim that he is entitled to be registered in the final register for that constituency. (3) A person in respect of whom the registration officer has made a determination under section 10(1)(b) whose identity card number or name appears in a register, not being a person referred to in subsection (2), may make a claim that he is entitled to be registered in a constituency other than the constituency in respect of which he is registered. (4) A person whose request under section 12(1) to alter any particular in an entry relating to him in a register has been refused by the registration officer under section 12(2), may make a claim to have such particulars altered as requested by him. (5) A person whose particulars have been altered by the registration officer under section 11(9) or 12(3) may make a claim to oppose such alteration. (6) A claim under this section shall be made by lodging a notice ("notice of claim") in the specified form, addressed to the registration officer, and the notice of claim shall be delivered by the claimant himself to the registration officer on or before 5 July in the year for which the final register is being compiled. (7) The registration officer may require any person who lodges a notice of claim to identify himself by such means as the registration officer considers appropriate. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 17 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 17 Delivery of copies of notices of objection and claim VerDate:30/06/1997 On or before 7 July in every year the registration officer shall deliver to the revising officer, in one or more batches as he considers appropriate, a copy of each notice of objection and notice of claim lodged with him. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 18 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 18 Entry of corrected particulars in final register VerDate:30/06/1997 (1) Any person whose identity card number, name or any relevant particular referred to in section 5(2)(b), (3) or (7) appears in a provisional register may request the registration officer in writing to make, in the entry relating to him, such alteration as specified by him. (2) Where the registration officer- (a) receives a request under subsection (1) after 1 June in any year and on or before 5 July next following; and (b) is satisfied that the entry relating to that person is incorrect and should be corrected as requested, he shall, when compiling the relevant final register for that year, enter in the appropriate place therein the particulars of the person concerned corrected as requested, but if he is not so satisfied he shall not alter that entry. (3) If as a result of information obtained- (a) pursuant to an inquiry under section 11; or (b) by any other means, on or before 5 July in any year, it appears to the registration officer that any particular in the entry to which the information relates is incorrect, he may, when compiling the relevant final register for that year, enter in the appropriate place the corrected particular. (4) Where the registration officer makes a correction under this section or decides under subsection (2) not to alter an entry, he shall as soon as practicable notify the elector concerned by post of the correction or decision, as the case may be. (5) Where a request by a person for the alteration of the particulars relating to him in a register is received by the registration officer after 5 July in any year he shall not consider it in relation to the final register for that year, but may consider it for the purpose of compiling the provisional register for the following year and where he does so, section 12(2) and (4) shall apply as regards such request as if it were received by the registration officer on or before 1 June in that following year in relation to the existing final register for that following year. (6) Where the registration officer decides not to alter an entry, in relation to a request by a person made after 1 June in any year but on or before 5 July next following for alteration of the particulars relating to him in a register, the registration officer shall refer the matter to the revising officer and such reference shall be deemed to be a notice of claim made under section 16 by the person to whom the entry relates. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 19 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 19 Correction of provisional register by registration officer with approval of revising officer VerDate:30/06/1997 (1) Where the registration officer is satisfied that- (a) an entry in a provisional register is incorrect; (b) an additional entry ought to be made in a final register; or (c) a person whose identity card number or name appears in a provisional register is no longer entitled to be registered therein or in the constituency in which he is registered, he may, subject to subsection (2), in compiling the relevant final register, correct the entry concerned, make an additional entry or remove an entry, as may be appropriate. (2) The registration officer shall not correct, make or remove an entry under subsection (1) unless he has- (a) obtained the approval of the revising officer for the proposed correction, addition or removal on or before 17 July in the year for which the final register is being compiled; and (b) thereafter sent a notice by post to the person concerned at his last known address, informing him of the proposed correction, addition or removal, as the case may be. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 20 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 20 Contents of final register VerDate:30/06/1997 PART V FINAL REGISTER (1) The final register in respect of the functional constituencies and that in respect of the election committee constituency shall contain the following- (a) subject to subsections (2) and (3), the particulars referred to in section 5(2) and (3) or (7), as may be appropriate, contained in the corresponding provisional register for that year as corrected, where appropriate, under section 18 or 19; and (b) such particulars of each person who has made a claim under section 16 and whom the revising officer has ruled to be entitled to be registered in that final register. (2) The registration officer shall not include in a final register the identity card number, name or any other particular of any person- (a) in respect of whose registration an objection made under section 15 has been allowed by the revising officer; or (b) subject to subsection (3), whose claim under section 16 has not been allowed by the revising officer; or (c) whose identity card number or name is in the relevant list of proposed omissions and who has not made a claim under section 16 or whose claim under that section has not been allowed by the revising officer. (3) Where an objection under section 15 or a claim under section 16 has been made as regards- (a) the registration of a person in a particular functional constituency or the election committee constituency and the revising officer has made a ruling as regards the constituency, if any, in respect of which such person is entitled to be registered; or (b) the particulars of a person, and the revising officer has made a ruling in respect of those particulars, the registration officer shall ensure, in the case of paragraph (a), that the person is registered in accordance with the ruling and in the case of paragraph (b), that the particulars are corrected or entered in accordance with the ruling. (4) In this section any reference to- (a) a ruling made by the revising officer; or (b) the revising officer allowing or not allowing any claim or objection, shall be construed- (i) in the case of paragraph (a), as a ruling made by the revising officer; and (ii) in the case of paragraph (b), as a claim or objection allowed or not allowed by him, after 1 June and on or before 17 July in the year for which the relevant final register is being compiled, under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or any subsidiary legislation made thereunder. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 21 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 21 Publication and inspection of final register VerDate:30/06/1997 (1) Subject to section 22, before 8 August in each year, the registration officer shall complete the compilation of the final register in respect of the functional constituencies and that in respect of the election committee constituency, and- (a) publish, before that date, in the Gazette and in at least 1 English language daily newspaper and 1 Chinese language daily newspaper, each in circulation in Hong Kong, a notice or where appropriate more than 1 notice, that a copy of each final register or a specified part of each (where applicable) is available for inspection by the public during office hours on any working day and specify in the relevant notice any address at which a copy of the entire final register or the relevant part of it, as may be appropriate, may be so inspected; and (b) make available for inspection by the public a copy of each final register, as a whole or in parts at such address or addresses. (2) The registration officer may, if he considers it appropriate, make available for public inspection a copy of a specific part of a final register at an address additional to any address referred to in subsection (1) and at such hours and during such period as he thinks fit. (3) Publication of a notice in accordance with subsection (1) shall be deemed to be publication of a final register to which the notice relates. (4) A copy of the final register in respect of the functional constituencies and that in respect of the election committee constituency made available for inspection under this section may be contained in one document. (5) The registration officer may, at any time, arrange the entries in a final register or any part of it in such form as he considers appropriate and make available, in accordance with subsection (6), a copy of the final register or any extract from it, so arranged, to any person he thinks fit, for any purpose related to an election. (L.N. 267 of 1995) (6) Where the registration officer makes available a copy of the final register or an extract from it under subsection (5), he shall specify the particular election in relation to which the copy of that register or the extract from it, as may be appropriate, may be used. (L.N. 267 of 1995) (7) Where a copy of the final register or an extract from it is made available to a person under subsection (5), he shall not, in relation to the copy or extract, do any act specified in section 23(3)(a), (c) or (d), for a purpose other than a purpose related to the particular election specified in relation to that copy or extract, as the case may be, under subsection (6). (L.N. 267 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 22 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 22 Revised final register VerDate:30/06/1997 (1) Where a notice is published in the Gazette notifying any change in the membership of- (a) a District Board; or (b) the Urban Council or the Regional Council, the registration officer shall, if the circumstances so require, compile and publish, within one month of the publication of the relevant notice or such longer period as he considers appropriate- (i) a revised final register in respect of the election committee constituency; and (ii) a revised final register in respect of the Urban Council functional constituency or the Regional Council functional constituency, as the case may require, to include the particulars referred to in section 5 of a person who has become entitled to be registered in the constituency concerned due to such change in membership or to delete the entry relating to a person who has ceased to be an eligible person in respect of that constituency due to such change. (2) A revised final register referred to- (a) in subsection (1)(i) shall replace the existing final register (as at the date such revised register is published) in respect of the election committee constituency; and (b) in subsection (1)(ii) shall replace the parts in the existing final register (as at the date such revised register is published) corresponding to the parts contained in such revised register, and any reference to the final register or existing final register in this Regulation shall be construed accordingly. (3) In compiling a revised final register under this section the registration officer shall comply with the requirements in section 5, applicable to the register being compiled. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 23 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 23 Offences and penalties VerDate:30/06/1997 PART VI GENERAL (1) A person who, in- (a) response to a notification; (b) any application made under section 9; (c) response to a request for particulars or proof made under section 10; (d) reply to an inquiry made under section 11; (e) any request made under section 12; (f) a notice of objection lodged under section 15; or (g) a notice of claim lodged under section 16, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is incorrect in a material particular or knowingly omits any material particular from such a response, application, reply, request or notice commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (2) A person who directly or indirectly by himself or by any other person on his behalf conspires with, incites, compels, induces, coerces, intimidates or persuades another person to make a false statement in a response, application, reply, request or notice referred to in subsection (1) or to provide information which he knows to be wrong in a material particular in such a response, application, reply, request or notice commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (3) A person who- (a) reproduces or permits another person to reproduce in any form any particular contained in any entry in a register (including a revised final register compiled under section 22) or an extract thereof referred to in section 14(4) or 21(5); or (b) uses or permits another person to use any information relating to an individual, company, partnership, sole proprietorship or other organization or body or trade union obtained for the purpose of compiling a register (including a revised final register compiled under section 22); or (c) uses or permits another person to use any information relating to an individual, company, partnership, sole proprietorship or other organization or body or trade union, contained in a register (including a revised final register compiled under section 22) or an extract thereof referred to in section 14(4) or 21(5); or (d) imparts to any other person any information referred to in paragraph (b) or (c), for a purpose other than a purpose related to an election commits an offence and is liable to a fine at level 2 and, where it is committed by an individual, to imprisonment for 6 months. (3A) Notwithstanding anything to the contrary in subsection (3), a person who contravenes section 14(6) or 21(7) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 267 of 1995) (4) A person who- (a) fails to comply with a requirement under section 6 within the period specified in section 6(3) or the extended period under section 6(4) commits an offence and is liable to a fine at level 2; or (b) in response to such a requirement knowingly furnishes information which is false or is incorrect in a material particular commits an offence and is liable to a fine at level 2 and, where it is committed by an individual, to imprisonment for 6 months. (L.N. 9 of 1995) (5) In a prosecution for an offence described in subsection (4)(a) it shall be a defence to show that the person of whom the requirement was made did not know or have in his possession the information sought and could not with reasonable diligence have ascertained the same. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 24 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 24 Specified forms to be made available VerDate:30/06/1997 The registration officer shall, at his office during office hours on any working day and may, at such other places as he considers appropriate, cause to be made available free of charge, specified forms referred to in sections 9, 15 and 16. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 25 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 25 Repeal and saving VerDate:30/06/1997 (1) Regulations 2, 3, 4, 5, 6, 7(1), (2), (3) and (4), 9, 11, 12, 13, 14, 15(1), (2), (3) and (4), 16, 17, 20A, 21, 22, 23, 24, 27, 28 and 29 of the Legislative Council (Electoral Provisions) (Registration of Electors and Appointment of Authorized Representatives) Regulations (Cap. 381 sub. leg.) are repealed. (2) Notwithstanding subsection (1), anything that was done- (a) pursuant to the regulations repealed by that subsection; (b) in relation to the existing final register in force at the commencement of this section; or (c) which was effective immediately before such commencement, shall continue to have effect unless and until a power conferred by this Regulation is exercised in relation thereto. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SCHEDULE SCHEDULE (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SCHEDULE SCHEDULE VerDate:30/06/1997 (section 2) FUNCTIONAL CONSTITUENCIES (FCs) CORRESPONDING TO 1991 FCs Column 1 Column 2 Column 3 Item 1991 FCs FCs 1. Urban Council Urban Council 2. Regional Council Regional Council 3. Rural Rural 4. Teaching Education 5. Legal Legal 6. Accountancy Accountancy 7. Medical and Health Care (Medical Medical electoral division) 8. Medical and Health Care (Health Health Services Care electoral division) 9. Engineering, Architectural, Surveying Engineering and Planning (Engineering electoral division) 10. Engineering, Architectural, Surveying Architectural, Surveying and Planning (Architectural, Surveying and Planning and Planning electoral division) 11. Labour Labour 12. Social Services Social Welfare 13. Real Estate and Construction Real Estate and Construction 14. Tourism Tourism 15. Commercial (First Commercial electoral Commercial (First) division) 16. Commercial (Second Commercial electoral Commercial (Second) division) 17. Industrial (First Industrial electoral Industrial (First) division) 18. Industrial (Second Industrial electoral Industrial (Second) division) 19. Finance and Financial Services Finance (Finance electoral division) 20. Finance and Financial Services Financial Services (Financial Services electoral division) (Enacted 1994)