Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS) (LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES) (DISTRICT COUNCIL CONSTITUENCIES) REGULATION - SECT 15

Who may lodge a notice of claim

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

(1) Any person-

   (a)  who has been determined by the Electoral Registration Officer under
        section 5(1)(b) to be not eligible to be registered;

   (b)  whose application for registration was not considered further by the
        Electoral Registration Officer under section 5(4); or

   (c)  who-

        (i)    has made an application for registration; and

        (ii)   is not a person described in paragraph (a) or (b), but whose
               name is not recorded in the provisional register, (L.N. 284 of
               1999) may make a claim that he or she is entitled to be
               registered as an elector.

(2) Any person whose name is included in an omissions list may make a claim
that he or she is entitled to be registered in the final  register. (L.N. 284
of 1999)

(3) Any person (other than a person referred to in subsection (2)) whose name
is recorded in a section under a subsection of a provisional  register, may
make a claim that he or she is entitled to have his or her name and
principal residential address recorded in a different section or subsection of
that register. (L.N. 284 of 1999)

(4) Any person whose request under section 11(1) to alter a particular in an
entry relating to that person has been refused by the
Electoral Registration Officer may make a claim to have that particular
altered as requested.

(5) Any person whose particulars in an entry have been altered by the
Electoral Registration Officer under section 11(3) may make a claim objecting
to the alteration.

(6) A claim under this section is to be made-

        (a)	by a notice in the specified form ("notice of claim"); and


   (b)  addressed to the Electoral Registration Officer.

(7) A notice of claim must be delivered by the claimant in person at the
office of the Electoral Registration Officer not later than 29 April of the
year for which the relevant register is being compiled. (L.N. 284 of 1999)

(8) If the Electoral Registration Officer receives a claim after the date
referred to in subsection (7), the Electoral Registration Officer may, having
regard to the nature of the claim, treat it- (L.N. 574 of 1997; L.N. 284 of
1999)

   (a)  as a request for alteration of registered particulars relating to a
        person for the purpose of compiling the next provisional register and
        section 11(2), (4) and (5)(b) and (c) applies; or

   (b)  as a claim, for the purpose of compiling the final register for the
        year following that in which the claim is submitted, and such a claim
        must be referred to the Revising Officer.

(9) The Electoral Registration Officer may require any person who delivers a
notice of claim to identify himself or herself by such means as that Officer
considers appropriate.

(10) If a person, subsequent to making a claim referred to in subsection (8),
makes any further claim or application, the latest claim or application, as
the case may be, prevails.