Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 33

Electoral Registration Officer to correct entries in provisional register in compiling final register

(Past version on 28/02/2003).
(Past version on 05/10/2001).
(Past version on 10/12/1999).
(Past version on 12/11/1997).

(1) A natural person whose name or a body whose name is or is to be recorded
in a functional constituencies provisional register, a subsector 
provisional register or an Election Committee provisional register may make a
written request of the Electoral Registration Officer to make an alteration in
relation to the particulars recorded or to be recorded for him, her or it or
the part in which they are or are to be recorded and supply information
regarding the requested alteration. (L.N. 307 of 1999)

(2) If the Electoral Registration Officer-

   (a)  receives a request under subsection (1), during the relevant period
        specified in subsection (10)(a); and

   (b)  is satisfied that an alteration should be made, that Officer must,
        when compiling the relevant final register, record in the appropriate
        place in that register the particulars of the person corrected (if a
        correction is necessary) in accordance with the information supplied.
        If the Electoral Registration Officer is satisfied that an alteration
        is not necessary, that Officer must not make any.

(3) If it appears to the Electoral Registration Officer, from information
obtained not later than the relevant date specified in subsection (10)(b), as
a result of an inquiry under section 22 or otherwise, that a particular in an
entry in a functional constituencies  provisional register or a
subsector provisional register is incorrect, that Officer may, when compiling
the next functional constituencies final  register or the next
subsector final register (as the case may be), record the corrected particular
in the appropriate place in that register.

(4) (Repealed L.N. 255 of 2002)

(5) If the Electoral Registration Officer makes a decision under subsection
(2) or (3) that Officer must inform the person concerned in writing. If the
Electoral Registration Officer decides not to make an alteration when
requested to do so under subsection (1), that Officer must notify the person
concerned, by registered post, of the decision.

(6) Where a request under this section is received by the Electoral 
Registration Officer in relation to a functional constituencies register, a
subsector register or an Election Committee register after the last date of
the relevant period specified in subsection (10)(a), that Officer may consider
it only for the purpose of compiling the next functional 
constituencies provisional register, the next subsector provisional  register
or the next Election Committee provisional register (as the case may be).

(7) Section 26(2) and (4) applies to a request considered by the
Electoral Registration Officer under subsection (6) as if the request was
received by that Officer-

   (a)  in relation to the compilation of a functional constituencies 
        provisional register or a subsector provisional register-

        (i)    on or before 16 July in the year following the year in which
               the request was made in relation to the existing final register
               for that following year, if that following year is a
               District Council election  year; or

        (ii)   on or before 16 May in the year following the year in which the
               request was made in relation to the existing final register for
               that following year, if that following year is not a
               District Council election  year; or (L.N. 255 of 2002)

   (b)  in relation to the compilation of an Election Committee 
        provisional register, on or before 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 in
        relation to such compilation. (L.N. 112 of 2006)

(8) Where the Electoral Registration Officer decides not to make an alteration
requested by a person within the relevant period specified in subsection
(10)(a), that Officer must refer the matter to the Revising  Officer. The
reference must be treated by the Electoral Registration  Officer as a claim
under section 31 made by the person requesting the alteration.

(9) If the person referred to in subsection (1) is a body, the request may be
signed on its behalf by a responsible person.

(10) For the purposes of-

   (a)  subsections (2), (6) and (8), the relevant period is, in relation to
        the compilation of-

        (i)    a functional constituencies final register or a
               subsector final  register for- (A) a
               District Council election year, after 16 July but not later
               than 29 August in that year; or (B) a year which is not a
               District Council election year, after 16 May but not later than
               29 June in that year; or

        (ii)   an Election Committee final register, after he date on which
               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 was made
               in relation to the compilation of the relevant
               Election Committee provisional register but not later than the
               seventh day after the date of publication of that provisional
               register; or (L.N. 112 of 2006)

   (b)  subsection (3), the relevant date is, in relation to the compilation
        of a functional constituencies final register or a subsector 
        final register for-

        (i)    a District Council election year, 29 August in that year; or

        (ii)   a year which is not a District Council election year, 29 June
               in that year. (L.N. 255 of 2002) (L.N. 307 of 1999; L.N. 200 of
               2001; L.N. 255 of 2002)