Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS) (LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES) (DISTRICT COUNCIL CONSTITUENCIES) REGULATION - SECT 9

Electoral Registration Officer to prepare an omissions list

(Past version on 19/11/1999).

(1) Subject to subsection (4), in compiling a provisional register, the
Electoral Registration Officer must, for the purposes of section 32(4)(a) and
(b) of the Legislative Council Ordinance ( Cap 542), enter on
a list ("the omissions list") the names and principal residential address of-
(L.N. 534 of 1997; L.N. 254 of 2002)

   (a)  any person regarding whom the Electoral Registration Officer has made
        an inquiry under section 7 on or before the date referred to in
        section 7(3)(a) or (b), as the case may be, if the result of the
        inquiry was as follows- (L.N. 254 of 2002)

        (i)    the information asked for was not received by the Electoral 
               Registration Officer on or before the relevant date specified
               in subsection (5); (L.N. 254 of 2002)

        (ii)   the person, in response to the inquiry, has informed the
               Electoral Registration Officer that he or she does not wish to
               be registered;

        (iii)  the Electoral Registration Officer is satisfied on reasonable
               grounds (based on information received in response to the
               inquiry or otherwise) that the person is dead;

        (iv)   the Electoral Registration Officer is satisfied on reasonable
               grounds (based on information received in response to the
               inquiry or otherwise) that the person is disqualified from
               being registered or not qualified to be so registered;

        (v)    the Electoral Registration Officer is satisfied on reasonable
               grounds and notwithstanding any information to the contrary
               received by that Officer, that the person is dead; or

        (vi)   the Electoral Registration Officer is satisfied on reasonable
               grounds and notwithstanding any information to the contrary
               received by that Officer, that the person is disqualified from
               being registered or not qualified to be so registered;

   (b)  any person whose name is recorded in the existing final  register, if
        the Registrar of Births and Deaths has informed the Electoral 
        Registration Officer, on or before the relevant date specified in
        subsection (5), that the person is dead; and (L.N. 254 of 2002)

   (c)  any person referred to in subsection (2).

(2) If-

   (a)  the Electoral Registration Officer has reason to believe-

        (i)    from information received in response to a requirement under
               section 6 or an inquiry under section 7 or otherwise; and

        (ii)   notwithstanding any information to the contrary received by
               that Officer, that the address recorded in the
               existing final register against a person's name is no longer
               the person's principal residential address; and (L.N. 534 of
               1997)

   (b)  the principal residential address of that person is not known to the
        Electoral Registration Officer at the time the omissions list is
        prepared, that Officer must, for the purposes of subsection (1)(c),
        enter the name and principal residential address of that person on
        the omissions list.

(3) The Electoral Registration Officer must, in a manner that Officer
considers appropriate, show on the omissions list that the persons whose names
and principal residential address are entered on the omissions  list are those
whose personal particulars that the Officer proposes to omit from the next
final register.

(4) The Electoral Registration Officer may enter on the omissions  list, the
name and principal residential address of a person under-

   (a)  subsection (1)(a)(i), only if the inquiry was made from the person who
        is the subject of the inquiry and the Electoral Registration  Officer
        has informed that person-

        (i)    in writing, by registered post; and

        (ii)   at the address recorded against the person's name in the
               existing final register and any other address that Officer
               considers appropriate, that the Electoral Registration Officer
               proposes to omit that person's name and other personal
               particulars from the next final register if the relevant
               information is not received by that Officer on or before the
               relevant date specified in subsection (5); or (L.N. 254 of
               2002)

   (b)  subsection (1)(a)(ii), only if the inquiry was made from the person
        who is the subject of the inquiry.

(5) For the purposes of subsections (1)(a)(i) and (b) and (4)(a), the relevant
date is, in relation to the compilation of-

   (a)  a provisional register for a District Council election year, 16 July
        in that year; or

   (b)  a provisional register for a year which is not a District 
        Council election year, 16 May in that year. (L.N. 254 of 2002) (L.N.
        284 of 1999)