Hong Kong Regulations

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

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

(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)