Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 11

Proposed omission of names from final register

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

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

(2), make such 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)