Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS) (LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES) (DISTRICT COUNCIL CONSTITUENCIES) REGULATION - SECT 5

Electoral Registration Officer to determine whether or not applicant is eligible for registration and may ask for additional information

(Past version on 19/11/1999).



"specified period" (指明期間)

(1) When the Electoral Registration Officer receives an application, that
Officer must, as soon as practicable, but subject to this section, determine
either-

   (a)  that the applicant is eligible to be registered; or

   (b)  that the applicant is not eligible to be registered.

(2) The Electoral Registration Officer may, before making a determination
under subsection (1), require in writing the applicant to-

   (a)  furnish in writing either-

        (i)    further particulars relating to the application as specified by
               the Electoral Registration Officer; or

        (ii)   proof that the applicant is eligible to be registered; or

   (b)  furnish in writing both such particulars and proof, within the
        specified period. (L.N. 284 of 1999; L.N. 254 of 2002)

(3) When the Electoral Registration Officer makes a requirement under
subsection (2), that Officer must also inform the applicant, in writing, that-

   (a)  if the applicant does not furnish the particulars or proof within the
        specified period; or

   (b)  if the Electoral Registration Officer is not satisfied with the
        furnished particulars or proof, that Officer may decide not to
        consider the application further.

(4) If an applicant of whom a requirement is made under subsection

(2)-

   (a)  does not furnish the particulars or proof within the specified 
        period; or

   (b)  does not furnish particulars or proof to the satisfaction of the
        Electoral Registration Officer, that Officer may decide not to
        consider the application further. In any other case the
        Electoral Registration Officer must determine whether the applicant is
        eligible to be registered or not eligible to be registered.

(5) The Electoral Registration Officer must not consider an application
further if that Officer is satisfied on reasonable grounds that the
application is manifestly an abuse of the registration procedure.

(6) If the Electoral Registration Officer is satisfied on reasonable grounds
that an applicant is already registered in the existing  final register, that
Officer may decide not to consider the application further.

(7) If the Electoral Registration Officer determines under subsection (1)(a)
that an applicant is eligible to be registered, that Officer-

   (a)  must also determine, having regard to the address furnished by the
        applicant as the principal residential address, the section, and the
        subsection under it, of the provisional register in which to register
        the applicant; and

   (b)  must record the applicant's name and principal residential  address in
        that section under that subsection. (L.N. 284 of 1999)

(8) When the Electoral Registration Officer determines that an applicant is
eligible to be registered and the section, and the subsection under it, of the
provisional register in which the applicant is to be registered, that Officer
must inform the applicant in writing of the determination as soon as
practicable. (L.N. 284 of 1999)

(9) If the Electoral Registration Officer determines under subsection (1)(b)
that an applicant is not eligible to be registered, that Officer must inform
the applicant in writing of the determination as soon as practicable by
registered post.

(10) If the Electoral Registration Officer makes a decision under subsection
(4) not to consider an application further, that Officer must inform the
applicant in writing of the decision as soon as practicable by registered
post.

(11) In this section, "specified period" (指明期間), in relation to a
requirement made under subsection (2), means-

   (a)  if the first 25 July that follows the making of the requirement falls
        in a District Council election year, a period ending not later than
        that 25 July; or

   (b)  in any other case, a period ending not later than the first 25 May
        that follows the making of the requirement, specified by the
        Electoral Registration Officer. (L.N. 254 of 2002)