Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 21

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

(Past version on 05/10/2001).
(Past version on 10/12/1999).
(Past version on 05/12/1997).
(Past version on 12/11/1997).

(1) When the Electoral Registration Officer receives an application for
registration in a functional constituencies provisional register or a
subsector provisional register, 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-

        (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. 307 of 1999; L.N. 200 of 2001)

(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) If, on an application for registration in a functional 
constituencies provisional register or a subsector provisional register, the
Electoral Registration Officer is satisfied on reasonable grounds that the
application is manifestly an abuse of the registration procedure, that Officer
must not consider that application further. (L.N. 575 of 1997)

(6) (a) If the Electoral Registration Officer is satisfied that-

        (i)    an applicant for registration as an elector for a functional 
               constituency is already registered as an elector for that
               functional  constituency; or

        (ii)   an applicant for registration as a voter for a subsector is
               already registered as a voter for that subsector, that Officer
               may decide not to consider the application further.

   (b)  (Repealed L.N. 200 of 2001)

(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, the functional constituency or the subsector, as
        the case may be, for which to register the applicant; and

   (b)  must record the applicant's personal particulars or relevant 
        particulars under that functional constituency or subsector, as the
        case may be.

(7A) If an applicant who is determined under this section to be eligible to be
registered as an elector for a functional constituency has not applied for
registration as a voter for a subsector, the Electoral  Registration Officer-

   (a)  must also determine whether the applicant is eligible to be registered
        as a voter for the corresponding subsector (within the meaning of
        section 11); and

   (b)  must record under that corresponding subsector the personal 
        particulars or relevant particulars of the applicant who is determined
        to be so eligible. (L.N. 200 of 2001)

(8) When the Electoral Registration Officer determines that an applicant is
eligible to be registered and the functional constituency or the subsector for
which the applicant is to be registered, that Officer must inform the
applicant in writing of the determination as soon as practicable.

(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, by registered post, of the determination as soon as
practicable.

(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, by registered post, of the decision as soon as
practicable.

(11) If the applicant is a body, the requirement under subsection

(2) may be directed to the responsible person. (L.N. 200 of 2001)

(12) In this section-

        (a)	a reference to "registered" is to be construed as a reference 
to recording the personal particulars or relevant particulars of the applicant
for a functional constituency or a subsector, as the case may be;

        (b)	"specified period" (指明期間), in relation to a requirement made 
under subsection (2), means- (L.N. 255 of 2002)

        (i)    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

        (ii)   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. 200 of 2001; L.N. 255
of 2002)

"registered"

"specified period" (指明期間)