BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - CHAPTER 432D BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) 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 (NOMINATIONS ADVISORY COMMITTEE) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 432 section 7) (16 March 1995) (L.N. 33 of 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 PART I PRELIMINARY (Omitted as spent) (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) means- (a) an election, other than an ordinary election, held under the Electoral Provisions Ordinance (Cap 367) to fill any vacancy in the office of a member which is declared under that Ordinance or any other enactment; or (b) an election held for the purposes of section 11 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "Committee" (小組) means a Nominations Advisory Committee which for the time being stands appointed under section 3 and, where appropriate, includes a person appointed as the Committee under section 5(1); "election" (選舉) means- (a) an election held under the Legislative Council (Electoral Provisions) Ordinance (Cap 381) to elect all the elected Members of the Legislative Council in respect of the functional constituencies or an election held under that Ordinance to elect all the elected Members of the Legislative Council in respect of the election committee constituency; or (b) an ordinary election of persons held under the Electoral Provisions Ordinance (Cap 367) to act as members of- (i) the Legislative Council; (ii) the Urban Council; (iii) the Regional Council; or (iv) a District Board; "election committee constituency" (選舉委員會組別) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "functional constituency" (功能組別) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); "nomination period" (提名期) means, in relation to a particular election or by-election, the period specified under any regulations providing the procedure therefor, as the period for delivering to the returning officer nomination papers relating to that election or by-election; "ordinary election" (一般選舉) has the meaning assigned to it by section 2 of the Electoral Provisions Ordinance (Cap 367); "returning officer" (選舉主任) means, subject to section 7(5), a returning officer within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) or the Electoral Provisions Ordinance (Cap 367). (2) In this Regulation a reference to being qualified or disqualified for nomination shall be construed in relation to an election by-election held under- (a) the Legislative Council (Electoral Provisions) Ordinance (Cap 381), with reference to that Ordinance; and (b) the Electoral Provisions Ordinance (Cap 367), with reference to that Ordinance, but nothing in this Regulation shall be construed as empowering or requiring a Committee to advise whether a person is qualified or disqualified by reason of section 20(3) of the Legislative Council (Electoral Provisions) Ordinance (Cap 381) or section 18(3) of the Electoral Provisions Ordinance (Cap 367). (Enacted 1995) "by-election" (補選) "Committee" (小組) "election" (選舉) "election committee constituency" (選舉委員會組別) "functional constituency" (功能組別) "nomination period" (提名期) "ordinary election" (一般選舉) "returning officer" (選舉主任) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 3 Appointment of the Committee VerDate:30/06/1997 PART II THE COMMITTEE (1) The Commission may appoint one or more committees each to be known as a Nominations Advisory Committee and consisting of one member who shall be- (a) a person who is admitted as a barrister or a solicitor under the Legal Practitioners Ordinance (Cap. 159) or is qualified for such admission; or (b) a person with such other qualifications in the law, whether academic or professional, as the Commission considers appropriate. (2) An appointment under subsection (1) shall be- (a) by notice published in the Gazette; and (b) for such period as shall be specified by the Commission in that notice. (3) An appointment under subsection (1) may be in relation to such election or by-election or, where appropriate, elections or by-elections, as the Commission may determine. (4) The Commission shall specify in any notice under subsection (2) the election or elections, or by-election or by-elections in relation to which the Committee concerned is appointed, with reference to the year or date on which any such election or by-election is or elections or by-elections are to be held. (5) The member constituting a Committee may be paid remuneration of such amount or at such rate as the Commission may determine. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 4 Functions VerDate:30/06/1997 (1) Subject to subsection (2), the functions of a Committee are- (a) to advise, subject to section 6(9), any prospective candidate for- (i) an ordinary election, as to whether he is qualified to be, or disqualified from being, nominated as a candidate in respect of that election; (ii) an election, being an election held under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) to elect all the elected Members of the Legislative Council in respect of the functional constituencies or the election committee constituency, as to whether he is qualified to be, or disqualified from being, nominated in respect of- (A) a functional constituency; or (B) the election committee constituency; and (b) to advise any returning officer as to whether a particular candidate for- (i) an ordinary election is qualified to be, or disqualified from being, nominated as a candidate in respect of that election; (ii) an election, being an election referred to in paragraph (a) (ii), is qualified to be, or disqualified from being, nominated in respect of- (A) a functional constituency; or (B) the election committee constituency; (iii) a by-election, being a by-election held under- (A) the Electoral Provisions Ordinance (Cap. 367), is qualified to be, or disqualified from being, nominated in respect of that by-election; and (B) the Legislative Council (Electoral Provisions) Ordinance (Cap. 381), is qualified to be, or disqualified from being, nominated in respect of the relevant functional constituency or the election committee constituency. (2) A Committee shall perform its functions under subsection (1) in respect of the election or elections, or by-election or by-elections specified under section 3(4) in relation to its appointment. (3) The Commission shall specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards an election in relation to which it is appointed, and where more than one Committee is appointed in relation to the same election, the Commission shall, for the purposes of this subsection, specify the same date in respect of each such Committee. (4) Subject to subsection (5), as regards a particular election or by-election, the Committee shall perform its functions under subsection (1)(b) during the period beginning on the commencement of the nomination period and ending 7 days after the expiry thereof. (5) As regards an election next following the commencement of this Regulation, a Committee shall perform its functions under subsection (1)(b) during the period beginning on 1 August 1995 and ending on 21 August 1995. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 5 Filling of vacancies of Committees VerDate:30/06/1997 (1) Where the member constituting a Committee dies, resigns or is removed from office or becomes incapable of acting as a member due to ill-health or absence from Hong Kong, the Commission may, if it thinks fit, appoint another person to act as the Committee in his place. (2) Notice of any appointment under subsection (1) shall be published in the Gazette. (3) Where there is any matter outstanding at the time of an appointment under subsection (1) it may be disposed of by the person appointed as the Committee under that subsection. (4) The member constituting a Committee may- (a) resign by notice in writing addressed to the Chairman of the Commission; and (b) be removed by the Commission by notice in writing where it is of the opinion that he is unfit to perform the functions of his office. (5) A resignation under subsection (4)(a) shall be effective on the date specified in the notice for the purpose or on receipt of the notice by the Chairman whichever is later, or where no date is specified in the notice, on receipt of the notice by the Chairman. (6) A removal under subsection (4)(b) shall be effective on the date specified for the purpose in the notice referred to in that subsection. (7) Notice of any resignation under subsection (4)(a) or of any removal under subsection (4)(b) shall be published in the Gazette. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) - SECT 6 Procedure relating to applications by prospective candidates VerDate:30/06/1997 PART III PROCEDURE OF THE COMMITTEE AND MISCELLANEOUS PROVISIONS (1) A prospective candidate for an election may apply in accordance with subsection (2) for the advice of a Committee as to whether he is qualified to be, or is disqualified from being, nominated- (a) in the case of an election, being an ordinary election, in respect of that election; or (b) in the case of an election, being an election referred to in section 4(1)(a)(ii), in respect of- (i) a particular functional constituency; or (ii) the election committee constituency. (2) An application under this section- (a) shall be in writing; and (b) shall be- (i) sent to the Chief Electoral Officer by post or facsimile transmission so as to be received by him; or (ii) served on the Chief Electoral Officer personally, not less than 14 days before the specified date. (3) A prospective candidate may under- (a) subsection (1)(a), make only one application in respect of that ordinary election; and (b) subsection (1)(b), make- (i) only one application in respect of a particular functional constituency; and (ii) only one application in respect of the election committee constituency. (4) For the avoidance of doubt it is declared that a prospective candidate may under subsection (1)(b)(i), but subject to subsection (3)(b) (i), apply for advice in respect of more than one functional constituency. (5) As soon as practicable after receiving an application under subsection (2), the Chief Electoral Officer shall refer it to a Committee appointed in relation to the election to which the application relates, for its consideration. (6) A Committee to which an application is referred under subsection (5) shall consider it and advise the applicant, as soon as practicable, but not later than the specified date, and subject to subsections (7), (8) and (9), that in the opinion of that Committee the applicant is- (a) qualified to be nominated as a candidate in respect of that ordinary election, the functional constituency or the election committee constituency, as the case may be; or (b) disqualified from being so nominated. (7) A Committee may, where it considers it appropriate, before forming an opinion for the purposes of subsection (6), do either or both of the following- (a) request the applicant to make available to that Committee, within such period as specified by it in the particular case, information, particulars and evidence, relating to his intended candidature, as it considers relevant to form an opinion for the purposes of subsection (6); (b) request the applicant to present himself before that Committee at a time and place specified by it for the purpose of giving such assistance as it considers necessary to enable it to form an opinion for the purposes of subsection (6). (8) An applicant of whom a request is made under subsection (7)(b) may, at the time and place specified under that subsection, make representations to the Committee concerned relating to his intended candidature- (a) either in person; or (b) through any person authorized by him in writing for the purpose. (9) Without affecting the generality of the power of a Committee to give any advice which is qualified, where an applicant does not make available any information, particulars or evidence requested under subsection (7)(a) or does not comply with a request under subsection (7)(b), a Committee may- (a) refuse to consider the application any further or to give any advice in relation thereto; or (b) advise the applicant on the application, which advice may be qualified having regard to either or both of the following, as may be appropriate- (i) the fact that any information, particulars or evidence, or where appropriate, all of them, were not available to it; (ii) the failure of the applicant to present himself before that Committee. (10) Where the Committee decides under subsection (9)(a) to refuse to consider an application or give advice it shall notify the applicant in writing not later than the specified date. (11) A Committee shall not consider any application for advice which is not received under subsection (2) within the time limit specified in that subsection. (12) Any advice under subsection (6) or (9)(b) shall be in writing. (13) Subject to this section a Committee may determine its own procedure for the purpose of advising an applicant under this section. (14) In this section "specified date" (指明日期) means the date specified under section 4(3). (Enacted 1995) "specified date" (指明日期) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) - SECT 7 Procedure relating to applications by returning officers VerDate:30/06/1997 (1) A returning officer may, as regards an election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (2) to that Committee for advice as to whether a candidate who has submitted a nomination paper to him, under any relevant regulation made under the Ordinance, in respect of- (a) that election or by-election; or (b) where appropriate, a functional constituency or the election committee constituency relating thereto, is qualified to be, or is disqualified from being, nominated as a candidate in respect of that election, by-election or functional constituency or the election committee constituency, as the case may be. (2) An application under subsection (1) shall be in writing and made so as to be received by the Chief Electoral Officer- (a) in the case of an election next following the commencement of this Regulation, not later than 15 August 1995; and (b) in the case of any other election or by-election, not later than one day after the expiry of the nomination period. (3) A Committee to which an application is made under subsection (1) shall, as soon as practicable but before the expiry of the relevant period, consider the application and advise the returning officer concerned as to whether, in its opinion, the candidate concerned is qualified to be, or is disqualified from being, nominated in respect of that election, by-election or functional constituency or the election committee constituency, as the case may be. (4) In making a decision under the relevant regulations made under the Ordinance as to whether a particular candidate is validly nominated in respect of an election, by-election or a functional constituency or the election committee constituency, as the case may be, the returning officer shall have regard to any advice given under section 6 or subsection (3) as regards that candidate. (5) In this section the references to returning officer shall be construed as references, in the case of- (a) an ordinary election or a by-election held under the Electoral Provisions Ordinance (Cap 367), to the returning officer appointed for the constituency in respect of which the candidate concerned has submitted a nomination paper; and (b) an election held under the Legislative Council (Electoral Provisions) Ordinance (Cap 381), to the returning officer for the particular functional constituency or the election committee constituency, as the case may require, in respect of which the candidate concerned has submitted a nomination paper. (6) Any advice given under this section shall be in writing. (7) In this section "relevant period" (有關期間) means the period specified in section 4(4) or (5), as the case may require, as the period during which a Committee shall perform its functions under section 4(1)(b). (Enacted 1995) "relevant period" (有關期間) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 8 Committee to furnish copy of advice to the Commission VerDate:30/06/1997 A Committee shall furnish to the Commission a copy of any- (a) advice given under section 6 or 7 as soon as practicable after it is given; and (b) any notification under section 6(10) as soon as practicable after it is sent to the applicant. (Enacted 1995) BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (NOMINATIONS ADVISORY COMMITTEE) REGULATION - SECT 9 Advice not to preclude seeking of nomination or election petition VerDate:30/06/1997 For the avoidance of doubt it is declared that any advice given under this Regulation or a refusal under section 6(9)(a) shall not preclude- (a) a person from seeking nomination as a candidate or proceeding with a nomination as a candidate under the relevant regulations made under the Ordinance; or (b) the presentation of an election petition under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) or the Electoral Provisions Ordinance (Cap. 367). (Enacted 1995)