Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 31

Who may lodge a notice of claim

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

(1) Any person (except an authorized representative)-

   (a)  who has been determined by the Electoral Registration Officer under
        Part V to be not eligible to be registered as an elector or voter;

   (b)  whose application for registration was not considered further by the
        Electoral Registration Officer under section 21(4); or

   (c)  who-

        (i)    has made an application for registration as an elector or
               voter; and

        (ii)   is not a person described in paragraph (a) or (b), but whose
               personal particulars or relevant particulars are not recorded
               in the functional constituencies provisional register or the
               subsector  provisional register (as may be applicable), may
               claim that he or she or in the case of a body, it, is entitled
               to be registered as an elector or voter.

(2) If the Electoral Registration Officer has under section 26(7) of the
Legislative Council Ordinance ( Cap 542) or section 13(7) of the Schedule to
the Chief Executive Election Ordinance ( Cap 569) refused to register a person
as an authorized representative- (L.N. 200 of 2001)

   (a)  that person may make a claim that he or she is entitled to be
        registered as an authorized representative; or

   (b)  the corporate elector or the corporate voter who appointed the person
        as an authorized representative may make a claim that he or she is
        entitled to be registered as such.

(3) Any person whose personal particulars or relevant particulars in an entry
are included in an omissions list may claim that he or she is entitled to be
registered in the relevant functional constituencies final  register,
subsector final register or Election Committee final register

(as the case may be). (L.N. 307 of 1999; L.N. 200 of 2001)

(4) Any person (other than a person referred to in subsection (2)) whose
personal particulars, relevant particulars or specified particulars are
recorded in a part or section of a functional constituencies 
provisional register, a subsector provisional register or an Election 
Committee provisional register, may claim that he or she or in the case of a
body, it, is entitled to have his, her or its personal particulars,
relevant particulars or specified particulars, as the case may be, recorded in
a different part or section of the relevant register. (L.N. 200 of 2001)

(5) Any person whose request under section 26(1) to alter a particular in an
entry relating to that person has been refused by the
Electoral Registration Officer may make a claim to have that particular
altered as requested.

(6) Any person whose particulars in an entry have been altered by the
Electoral Registration Officer under section 26(3) may make a claim objecting
to the alteration.

(7) A claim under this section is to be made-

        (a)	by a notice in the specified form ("notice of claim"); and


   (b)  addressed to the Electoral Registration Officer.

(8) Subject to subsection (12), a notice of claim must be delivered by the
claimant in person at the office of the Electoral Registration  Officer-

   (a)  if the claim relates to a functional constituencies register or a
        subsector register compiled, or an omissions list prepared in
        compiling a functional constituencies provisional register or a
        subsector  provisional register, for-

        (i)    a District Council election year, not later than 29 August in
               that year; or

        (ii)   a year which is not a District Council election year, not later
               than 29 June in that year; or (Repealed L.N. 307 of 1999. Added
               L.N. 255 of 2002)

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

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

   (b)  if the claim relates to an Election Committee register or an
        Election Committee omissions list, not later than the seventh day
        after the date of publication of the relevant
        Election Committee provisional  register. (L.N. 255 of 2002)

(9) If the Electoral Registration Officer receives a claim after the deadline
referred to in subsection (8)(a)(i) or (ii), that Officer may, having regard
to the nature of the claim, treat it- (L.N. 307 of 1999; L.N. 255 of 2002)

   (a)  as a request for alteration of registered particulars relating to a
        person for the purpose of compiling the next functional 
        constituencies provisional register or the next subsector provisional 
        register (as the case may be); or

   (b)  as a claim, for the purpose of compiling the functional 
        constituencies final register or the subsector final register (as the
        case may be) for the year following that in which the claim is
        submitted. (L.N. 200 of 2001)

(10) If the Electoral Registration Officer treats a claim as a request as
described in subsection (9)(a), section 26(2), (4) and (5)(a) and (b) applies.
If the Electoral Registration Officer treats a claim in the manner described
in subsection (9)(b), it must be referred to the Revising Officer. (L.N. 307
of 1999; L.N. 200 of 2001; L.N. 255 of 2002)

(11) The Electoral Registration Officer may require any person who delivers a
notice of claim to identify himself or herself by such means as that Officer
considers appropriate.

(12) If the person referred to in subsection (1) is a body, the claim can be
signed on its behalf by a responsible person. In such a case the
notice of claim must be delivered under subsection (8) by that person.

(13) If a person, subsequent to making a claim referred to in subsection (9),
makes any further claim or application, the latest claim or application, as
the case may be, prevails.