Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 9

Electoral Registration Officer to have power to require information from persons to prepare registers

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

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. PART III

ELECTORAL REGISTRATION OFFICER'S POWERS TO REQUIRE INFORMATION

(1) For the purpose of preparing a functional constituencies  register or a
subsector register, the Electoral Registration Officer may require-

   (a)  a body;

   (b)  a public authority; or

   (c)  any other person, to furnish such information as that Officer may
        specify.

(2) Without limiting subsection (1), the Electoral Registration  Officer may
require a person referred to in subsection (1)(a), (b) or (c) to furnish-

   (a)  the names and addresses of the members of a body;

   (b)  information as to the period for which a member has had membership of
        the body;

   (c)  the constitution of a body; (L.N. 307 of 1999; L.N. 200 of 2001)

   (d)  the name and address of any person who appears to the Electoral 
        Registration Officer to be eligible to be registered as an elector
        under sections 20A to 20ZB of the Legislative Council Ordinance (
        Cap 542) or as a voter under the Schedule to the
        Chief Executive Election Ordinance ( Cap  569); (L.N. 307 of 1999;
        L.N. 200 of 2001)

   (e)  the identity document number of any natural person referred to in
        paragraph (a) or (d);

   (f)  the name , address and business registration number of a body and the
        period for which a body has been operating;

   (g)  information as to whether a body is a statutory body or a registered
        body within the meaning of section 20V of the Legislative 
        Council Ordinance ( Cap 542); and (L.N. 307 of 1999)

   (h)  in the case of a trade union, the name and address of the trade union
        and the period for which it has been operating.

(3) Subject to subsection (4), when the Electoral Registration  Officer makes
a requirement under this section, the body, public authority or other person
of whom the requirement is made must furnish the required information within
30 days of the requirement being made. (L.N. 307 of 1999)

(4) If the Electoral Registration Officer thinks it fit, that Officer may, in
a particular case, extend the period referred to in subsection (3). If the
period is so extended, the body, public authority or other person concerned
must furnish the information within the extended period. (L.N. 307 of 1999)

(5) For the avoidance of doubt, it is declared that the Electoral 
Registration Officer may make a requirement under this section only for the
purpose of preparing a functional constituencies register or a
subsector register.

(6) A person may use information obtained under this section only for the
purpose of preparing a register referred to in subsection (5) or in connection
with an investigation or proceedings relating to an offence under this
Regulation.

(6A) In this section, the reference to the constitution of a body is a
reference to the constitution either-

(a) as in force on 3 October 1997; or

   (b)  as subsequently amended or substituted, but only if the amendment or
        substitution, in so far as it relates to-

        (i)    the objects of the body;

        (ii)   the criteria and conditions of membership of the body; or

        (iii)  the eligibility of members of the body to vote at a general
               meeting of the body, has been approved in writing by the
               Secretary for Constitutional and Mainland Affairs. (L.N. 200 of
               2001; L.N. 130 of 2007)

(7) In this section-

"constitution" (章程), in relation to a body, includes articles of
association and rules; (L.N. 200 of 2001)

"prepare" (擬備) means compile, revise, correct or publish;

"public authority" (公共主管當局) includes a public officer or a member
of a public body within the meaning of the Interpretation and General Clauses 
Ordinance ( Cap 1).

"constitution" (章程)

"prepare" (擬備)

"public authority" (公共主管當局)