Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 24

Electoral Registration Officer to prepare an omissions list

(Past version on 28/02/2003).
(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) Subject to subsection (5), the Electoral Registration Officer must-

   (a)  in compiling a functional constituencies provisional register, enter
        on a functional constituencies omissions list;

   (b)  in compiling a subsector provisional register, enter on a
        subsector omissions list, the personal particulars of-

        (i)    any natural person regarding whom the Electoral Registration 
               Officer has made an inquiry under section 22(1) on or before
               the date referred to in section 22(5)(a) or (b), as the case
               may be, if the result of the inquiry was as follows- (L.N. 200
               of 2001; L.N. 255 of 2002) (A) the information asked for was
               not received by the Electoral  Registration Officer on or
               before the relevant date specified in subsection (7); (B) the
               person, in response to the inquiry, has informed the
               Electoral Registration Officer that he or she does not wish his
               or her personal particulars to be recorded in a register; (C)
               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; (D) 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 is not qualified to be registered; (E) the
               Electoral Registration Officer is satisfied on reasonable
               grounds, notwithstanding any information to the contrary
               received by that Officer, that the person is dead; or (F) the
               Electoral Registration Officer is satisfied on reasonable
               grounds, notwithstanding any information to the contrary
               received by that Officer, that the person is disqualified from
               being registered or is not qualified to be registered;

        (ii)   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 (7), that the person is dead; and

        (iii)  any person whose name or other particulars are recorded in the
               existing final register and whose name and
               principal residential  address (within the meaning of
               section 2(1) of the Electoral Affairs 
               Commission (Registration of Electors) (Legislative Council Geographical 
               Constituencies) (District Council Constituencies) Regulation (
               Cap 541 sub. leg. A)) are entered on the omissions list
               prepared for the current year under section 9 of that
               Regulation. (L.N. 307 of 1999)

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

(3) If the Electoral Registration Officer has made an inquiry under
section 22(2) on or before the date referred to in section 22(5)(a) or

   (b)  , as the case may be, regarding a body, and- (L.N. 255 of 2002)

        (i)    the information asked for was not received by that Officer on
               or before the relevant date specified in subsection (7); or

        (ii)   that Officer is satisfied on reasonable grounds, based on
               information received in response to the inquiry or otherwise or
               notwithstanding any information to the contrary received in
               response to the inquiry, that the body is no longer eligible to
               be registered as an elector or a voter, that Officer must,
               subject to subsection (5), enter-

   (a)  on a functional constituencies omissions list the relevant 
        particulars of the body that is no longer eligible to be registered as
        an elector;

   (b)  on a subsector omissions list the relevant particulars of the body
        that is no longer eligible to be registered as a voter. (L.N. 307 of
        1999)

(3A) The Electoral Registration Officer must, in compiling an
Election Committee provisional register, enter on an Election Committee 
omissions list the personal particulars of any person (other than an
ex-officio member) whom that Officer is satisfied on reasonable grounds, on
the date on which the relevant vacancy declaration within the meaning of
section 4(7) of the Schedule to the Chief Executive Election Ordinance (
Cap 569) was made, as- (L.N. 112 of 2006)

   (a)  being dead;

   (b)  having resigned, or being deemed to have resigned, from the
        Election Committee under section 3 of the Schedule to the
        Chief Executive  Election Ordinance ( Cap 569); or

   (c)  having ceased to be registered, or eligible to be registered, or
        having been disqualified from being registered, under the Legislative 
        Council Ordinance ( Cap 542) as an elector for a
        geographical constituency.

(4) The Electoral Registration Officer must, in a manner that Officer
considers appropriate, show on an omissions list, that the
personal particulars or relevant particulars entered on the omissions list are
those that, that Officer proposes to omit from-

   (a)  in the case of a functional constituencies omissions list, the next
        functional constituencies final register;

   (b)  in the case of a subsector omissions list, the next subsector 
        final register; (L.N. 200 of 2001)

   (c)  in the case of an Election Committee omissions list, the next
        Election Committee final register. (L.N. 200 of 2001)

(5) The Electoral Registration Officer may enter on a functional 
constituencies omissions list or a subsector omissions list, the personal 
particulars or relevant particulars of a person referred to in-

   (a)  subsection (1)(i)(A) or (3)(i), only if the inquiry was made from the
        person who is the subject of the inquiry; and that 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 particulars from
               the next functional constituencies final  register or the next
               subsector final register, as may be applicable, if the relevant
               information is not received by that Officer on or before the
               relevant date specified in subsection (7); and

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

(6) (Repealed L.N. 255 of 2002)

(7) For the purposes of subsections (1)(i)(A) and (ii), (3)(i) and

(5)(a), the relevant date is, in relation to the compilation of-

   (a)  a functional constituencies provisional register or a subsector 
        provisional register for a District Council election year, 16 July in
        that year; or (L.N. 255 of 2002)

   (b)  a functional constituencies provisional register or a subsector 
        provisional register for a year which is not a
        District Council election  year, 16 May in that year. (L.N. 255 of
        2002) (L.N. 307 of 1999; L.N. 200 of 2001)