Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 11

Interpretation of Part IV

(Past version on 05/10/2001).
(Past version on 01/07/2000).
(Past version on 04/03/2000).
(Past version on 12/11/1997).

PART IV

NOTIFICATIONS

(1) In this Part-

"corresponding subsector" (對等界別分組) means-

   (a)  subject to paragraphs (b), (ba), (c), (d) and (e), in relation to a
        functional constituency with the same name as a subsector, the
        subsector of that name; (L.N. 307 of 1999; 15 of 2000 s. 5)

   (b)  in relation to the Education functional constituency, either the
        Higher Education subsector or the Education subsector, as may be
        appropriate;

   (ba) in relation to the Social Welfare functional constituency, subject to
        subsection (6)(a), the Social Welfare subsector; (15 of 2000 s. 5)

   (c)  in relation to the Tourism functional constituency, either the Tourism
        subsector or the Hotel subsector, as may be appropriate; (L.N. 307 of
        1999)

   (d)  in relation to the Sports, Performing Arts, Culture and Publication
        functional constituency-

        (i)    the Sports sub-subsector;

        (ii)   the Performing Arts sub-subsector;

        (iii)  the Culture sub-subsector; or

        (iv)   the Publication sub-subsector, as may be appropriate having
               regard to section 12(2) of the Schedule to the
               Chief Executive Election Ordinance ( Cap 569); or (L.N. 307 of
               1999; L.N. 200 of 2001)

   (e)  in relation to the District Council functional constituency, either
        the Hong Kong and Kowloon District Councils subsector or the New
        Territories District Councils subsector, as may be appropriate; (L.N.
        307 of 1999)

"due date" (到期日), in relation to a notification, means- (L.N. 255 of
2002)

   (a)  if the first 16 July that follows the sending of the notification
        falls in a District Council election year, that 16 July; or

   (b)  in any other case, the first 16 May that follows the sending of the
        notification; (L.N. 307 of 1999; L.N. 255 of 2002)

"existing geographical constituencies final register"
(現有的地方選區正式選民登記冊), in relation to the compilation
of a functional constituencies provisional  register or a
subsector provisional register, means the final register of electors for
geographical constituencies compiled under section  32 (1)(b)(i) or (1A)(b)(i)
of the Legislative Council Ordinance ( Cap 542) published in the
preceding year and which is in effect under section 33 of that Ordinance, at
the time of such compilation; (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of
2002)

"listed subsector" (列明界別分組) means the-

   (a)  Hong Kong Chinese Enterprises Association subsector;

   (b)  Employers' Federation of Hong Kong subsector; and (L.N. 307 of 1999)

   (c)  Chinese People's Political Consultative Conference subsector;

   (d)  -(f) (Repealed L.N. 307 of 1999)

"member" (議員), in relation to the Heung Yee Kuk, means the Chairman and
Vice-Chairmen of the Heung Yee Kuk and Ex-Officio, Special and Co-opted
Councillors of the Full Council of the Kuk;

"optional subsector" (可選擇的界別分組) means the-

   (a)  Hong Kong Chinese Enterprises Association subsector;

   (b)  Employers' Federation of Hong Kong subsector;

   (c)  Chinese People's Political Consultative Conference subsector; (L.N.
        307 of 1999; 15 of 2000 s. 5)

   (d)  -(f) (Repealed L.N. 307 of 1999)

   (g)  Chinese Medicine subsector; and (L.N. 307 of 1999; 15 of 2000 s. 5)

   (h)  (Repealed L.N. 307 of 1999)

   (i)  subject to subsection (6)(b), the Social Welfare subsector;

(15 of 2000 s. 5)

"recipient" (收件人) means the person to whom a notification is sent. (L.N.
307 of 1999)

(2) In this Part, in relation to a recipient, "elects not to be registered"
(選擇不登記) means that the recipient gives a written notice-

   (a)  to the Electoral Registration Officer;

   (b)  so that it reaches that Officer on or before the due date; and

   (c)  to the effect that the recipient does not elect to be registered-

        (i)    as an elector or voter; or

        (ii)   as an elector and voter, as the case may be, as stated in the
               notification.

(3) Subject to subsection (4), for the purposes of this Part,

"elects to be registered" (選擇登記) means that the recipient-

   (a)  does not comply with the procedure specified in subsection (2);

   (b)  does not respond to the notification; or

   (c)  gives a written notice to the Electoral Registration Officer to reach
        that Officer on or before the due date, to the effect that the
        recipient wishes to be registered as proposed in the notification.

(4) For the purposes of section 15(2)(b)(ii), (3)(b) and (5), a recipient is
to be treated as having elected to be registered for the optional subsector or
corresponding subsector (as may be applicable) only if the recipient gives a
written notice to the Electoral Registration  Officer to reach that Officer on
or before the due date to the effect that the recipient wishes to be
registered as a voter for that subsector. (L.N. 575 of 1997)

(5) (Repealed L.N. 307 of 1999)

(6) For the purpose of this Part and Part V-

   (a)  a person is eligible to be registered as a voter for a
        corresponding subsector within the meaning of paragraph (ba) of the
definition of "corresponding subsector" in subsection (1), if that person is
eligible to be so registered by virtue of section 12(5)(a) or (b) of the
Schedule to the Chief Executive Election Ordinance ( Cap 569);

   (b)  a person is eligible to be registered as a voter for an
        optional subsector within the meaning of paragraph (i) of the
        definition
of "optional subsector" in subsection (1), if that person is eligible to be so
registered by virtue of section 12(5)(c) or (d) of that Schedule.

(15 of 2000 s. 5; L.N. 200 of 2001)

"corresponding subsector" (對等界別分組)

"due date" (到期日)

"existing geographical constituencies final register"
(現有的地方選區正式選民登記冊)

"listed subsector" (列明界別分組)

"member" (議員)

"optional subsector" (可選擇的界別分組)

"recipient" (收件人)

"elects not to be registered" (選擇不登記)

"elects to be registered" (選擇登記)