ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - CHAPTER 541C ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - LONG TITLE Empowering section VerDate:07/05/1999 (Cap 541, section 7) [16 January 1998] (L.N. 19 of 1998) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - LONG TITLE Empowering section VerDate:16/01/1998 (Cap 541, section 7) [16 January 1998] (L.N. 19 of 1998) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 1 Interpretation VerDate:16/07/2004 PART I PRELIMINARY (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "candidate" (候選人) means- (a) in relation to a particular geographical constituency, a person who is nominated to be returned as a Member for that geographical constituency at a general election or by-election, including a person whose name is included as a candidate on a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542); and (L.N. 84 of 2004) (b) in relation to a particular functional constituency, a person who is nominated to be returned as a Member for that functional constituency at a general election or by-election; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) (d) (Repealed L.N. 209 of 2001) "Committee" (顧問委員會) means a Nominations Advisory Committee (Legislative Council) which for the time being stands appointed under section 2 and, where appropriate, includes a person appointed as the Committee under section 4(1); (L.N. 115 of 1999) "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "general election" (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituency" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); "Member" (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "nomination form" (提名表格) means a form specified by the Commission under section 7(1)(i) of the Ordinance submitted for the purposes of- (a) in relation to a geographical constituency, nominating a candidate or candidates by a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542) to be returned as a Member for the geographical constituency; (b) in relation to a functional constituency, nominating a candidate to be returned as a Member for the functional constituency; (c) (Repealed L.N. 84 of 2004) (d)-(e) (Repealed L.N. 209 of 2001) "nomination period" (提名期), in relation to a particular general election or by-election, means the period specified under any regulation providing for the procedure therefor as the period for submitting to the Returning Officer nomination forms relating to that general election or by-election, as the case may be; (L.N. 209 of 2001) "Returning Officer" (選舉主任) means, subject to section 6(6), the Returning Officer within the meaning of the Legislative Council Ordinance (Cap 542). (L.N. 209 of 2001) (2) In this Regulation- (a) a reference to being eligible to be or disqualified from being nominated is to be construed, in relation to a general election or by-election held under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 40 of that Ordinance. (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) "by-election" (補選) "candidate" (候選人) "Committee" (顧問委員會) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "Member" (議員) "nomination form" (提名表格) "nomination period" (提名期) "Returning Officer" (選舉主任) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 1 Interpretation VerDate:23/11/2001 PART I Preliminary (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "candidate" (候選人) means- (a) in relation to a particular geographical constituency, a person who is nominated to be returned as a Member for that geographical constituency at a general election or by-election, including a person whose name is included as a candidate on a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542); (b) in relation to a particular functional constituency, a person who is nominated to be returned as a Member for that functional constituency at a general election or by-election; and (c) in relation to the Election Committee, a person who is nominated to be returned as a Member by the Election Committee at a by-election; (L.N. 209 of 2001) (d) (Repealed L.N. 209 of 2001) "Committee" (顧問委員會) means a Nominations Advisory Committee (Legislative Council) which for the time being stands appointed under section 2 and, where appropriate, includes a person appointed as the Committee under section 4(1); (L.N. 115 of 1999) "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "general election" (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituency" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); "Member" (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "nomination form" (提名表格) means a form specified by the Commission under section 7(1)(i) of the Ordinance submitted for the purposes of- (a) in relation to a geographical constituency, nominating a candidate or candidates by a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542) to be returned as a Member for the geographical constituency; (b) in relation to a functional constituency, nominating a candidate to be returned as a Member for the functional constituency; (c) in relation to the Election Committee, nominating a candidate to be returned as a Member by the Election Committee; (d)-(e) (Repealed L.N. 209 of 2001) "nomination period" (提名期), in relation to a particular general election or by-election, means the period specified under any regulation providing for the procedure therefor as the period for submitting to the Returning Officer nomination forms relating to that general election or by-election, as the case may be; (L.N. 209 of 2001) "Returning Officer" (選舉主任) means, subject to section 6(6), the Returning Officer within the meaning of the Legislative Council Ordinance (Cap 542). (L.N. 209 of 2001) (2) In this Regulation- (a) a reference to being eligible to be or disqualified from being nominated is to be construed, in relation to a general election or by-election held under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 40 of that Ordinance. (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) "by-election" (補選) "candidate" (候選人) "Committee" (顧問委員會) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "Member" (議員) "nomination form" (提名表格) "nomination period" (提名期) "Returning Officer" (選舉主任) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 1 Interpretation VerDate:07/05/1999 PART I Preliminary (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "candidate" (候選人) means- (a) in relation to a particular geographical constituency, a person who is nominated to be returned as a Member for that geographical constituency at a general election or by-election, including a person whose name is included as a candidate on a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542); (b) in relation to a particular functional constituency, a person who is nominated to be returned as a Member for that functional constituency at a general election or by-election; (c) in relation to the Election Committee, a person who is nominated to be returned as a Member by the Election Committee at a general election or by-election; and (d) in relation to a particular Election Committee subsector or Election Committee sub-subsector, a person who is nominated to be returned as a member of the Election Committee, assigned to that subsector or sub-subsector, at an Election Committee subsector election or Election Committee sub-subsector election, as the case may be; "Committee" (顧問委員會) means a Nominations Advisory Committee (Legislative Council) which for the time being stands appointed under section 2 and, where appropriate, includes a person appointed as the Committee under section 4(1); (L.N. 115 of 1999) "designated body" (指定團體) means a body referred to in section 2(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "election" (選舉) means a general election or an Election Committee subsector election or an Election Committee sub-subsector election; "Election Committee" (選舉委員會) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "Election Committee sub-subsector election" (選舉委員會小組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "Election Committee subsector election" (選舉委員會界別分組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "general election" (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituency" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); "Member" (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "nomination for the religious subsector" (宗教界界別分組提名) means the nomination of a person or persons by a designated body to be a member or members representing the religious subsector on the Election Committee under section 3 of Schedule 2 to the Legislative Council Ordinance (Cap 542); "nomination form" (提名表格) means a form specified by the Commission under section 7(1)(i) of the Ordinance submitted for the purposes of- (a) in relation to a geographical constituency, nominating a candidate or candidates by a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542) to be returned as a Member for the geographical constituency; (b) in relation to a functional constituency, nominating a candidate to be returned as a Member for the functional constituency; (c) in relation to the Election Committee, nominating a candidate to be returned as a Member by the Election Committee; (d) in relation to a subsector or a sub-subsector, nominating a candidate for the Election Committee subsector election or Election Committee sub-subsector election, as the case may be; and (e) in relation to the religious subsector, nomination for the religious subsector by setting out the nominees to represent the religious subsector on the Election Committee; "nomination period" (提名期), in relation to a particular election or by-election or nomination for the religious subsector, means the period specified under any regulation providing the procedure therefor as the period for submitting to the Returning Officer nomination forms relating to that election or by-election or nomination for the religious subsector, as the case may be; "nominee" (獲提名人) means a person nominated by a designated body to be a member representing the religious subsector on the Election Committee; "religious subsector" (宗教界界別分組) means the religious subsector referred to in Schedule 2 to the Legislative Council Ordinance (Cap 542); "Returning Officer" (選舉主任) means, subject to section 6(6), the Returning Officer within the meaning of the Legislative Council Ordinance (Cap 542); "subsector" (界別分組) has the meaning assigned to it by Schedule 2 to the Legislative Council Ordinance (Cap 542), but does not include the religious subsector, and "sub-subsector" (小組) means a sub-subsector referred to in section 1(13)(a) of that Schedule. (2) In this Regulation- (a) a reference to being eligible to be or disqualified from being nominated is to be construed, in relation to an election or by-election held under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 40 of that Ordinance or section 15 of Schedule 2 to that Ordinance; (b) a reference to being eligible to be or disqualified from being a nominee is to be construed, in relation to a nomination for the religious subsector under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance. "by-election" (補選) "candidate" (候選人) "Committee" (顧問委員會) "designated body" (指定團體) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee sub-subsector election" (選舉委員會小組選舉) "Election Committee subsector election" (選舉委員會界別分組選舉) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "Member" (議員) "nomination for the religious subsector" (宗教界界別分組提名) "nomination form" (提名表格) "nomination period" (提名期) "nominee" (獲提名人) "religious subsector" (宗教界界別分組) "Returning Officer" (選舉主任) "subsector" (界別分組) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 1 Interpretation VerDate:16/01/1998 PART I Preliminary (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "candidate" (候選人) means- (a) in relation to a particular geographical constituency, a person who is nominated to be returned as a Member for that geographical constituency at a general election or by-election, including a person whose name is included as a candidate on a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542); (b) in relation to a particular functional constituency, a person who is nominated to be returned as a Member for that functional constituency at a general election or by-election; (c) in relation to the Election Committee, a person who is nominated to be returned as a Member by the Election Committee at a general election or by-election; and (d) in relation to a particular Election Committee subsector or Election Committee sub-subsector, a person who is nominated to be returned as a member of the Election Committee, assigned to that subsector or sub-subsector, at an Election Committee subsector election or Election Committee sub-subsector election, as the case may be; "Committee" (顧問委員會) means a Nominations Advisory Committee which for the time being stands appointed under section 2 and, where appropriate, includes a person appointed as the Committee under section 4(1); "designated body" (指定團體) means a body referred to in section 2(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "election" (選舉) means a general election or an Election Committee subsector election or an Election Committee sub-subsector election; "Election Committee" (選舉委員會) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "Election Committee sub-subsector election" (選舉委員會小組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "Election Committee subsector election" (選舉委員會界別分組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Legislative Council Ordinance (Cap 542); "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "general election" (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituency" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); "Member" (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "nomination for the religious subsector" (宗教界界別分組提名) means the nomination of a person or persons by a designated body to be a member or members representing the religious subsector on the Election Committee under section 3 of Schedule 2 to the Legislative Council Ordinance (Cap 542); "nomination form" (提名表格) means a form specified by the Commission under section 7(1)(i) of the Ordinance submitted for the purposes of- (a) in relation to a geographical constituency, nominating a candidate or candidates by a nomination list within the meaning of section 3(1) of the Legislative Council Ordinance (Cap 542) to be returned as a Member for the geographical constituency; (b) in relation to a functional constituency, nominating a candidate to be returned as a Member for the functional constituency; (c) in relation to the Election Committee, nominating a candidate to be returned as a Member by the Election Committee; (d) in relation to a subsector or a sub-subsector, nominating a candidate for the Election Committee subsector election or Election Committee sub-subsector election, as the case may be; and (e) in relation to the religious subsector, nomination for the religious subsector by setting out the nominees to represent the religious subsector on the Election Committee; "nomination period" (提名期), in relation to a particular election or by-election or nomination for the religious subsector, means the period specified under any regulation providing the procedure therefor as the period for submitting to the Returning Officer nomination forms relating to that election or by-election or nomination for the religious subsector, as the case may be; "nominee" (獲提名人) means a person nominated by a designated body to be a member representing the religious subsector on the Election Committee; "religious subsector" (宗教界界別分組) means the religious subsector referred to in Schedule 2 to the Legislative Council Ordinance (Cap 542); "Returning Officer" (選舉主任) means, subject to section 6(6), the Returning Officer within the meaning of the Legislative Council Ordinance (Cap 542); "subsector" (界別分組) has the meaning assigned to it by Schedule 2 to the Legislative Council Ordinance (Cap 542), but does not include the religious subsector, and "sub-subsector" (小組) means a sub-subsector referred to in section 1(13)(a) of that Schedule. (2) In this Regulation- (a) a reference to being eligible to be or disqualified from being nominated is to be construed, in relation to an election or by-election held under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 40 of that Ordinance or section 15 of Schedule 2 to that Ordinance; (b) a reference to being eligible to be or disqualified from being a nominee is to be construed, in relation to a nomination for the religious subsector under the Legislative Council Ordinance (Cap 542), with reference to that Ordinance. "by-election" (補選) "candidate" (候選人) "Committee" (顧問委員會) "designated body" (指定團體) "election" (選舉) "Election Committee" (選舉委員會) "Election Committee sub-subsector election" (選舉委員會小組選舉) "Election Committee subsector election" (選舉委員會界別分組選舉) "functional constituency" (功能界別) "general election" (換屆選舉) "geographical constituency" (地方選區) "Member" (議員) "nomination for the religious subsector" (宗教界界別分組提名) "nomination form" (提名表格) "nomination period" (提名期) "nominee" (獲提名人) "religious subsector" (宗教界界別分組) "Returning Officer" (選舉主任) "subsector" (界別分組) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 2 Appointment of the Committee VerDate:23/11/2001 PART II THE COMMITTEE (1) The Commission may appoint one or more committees each to be known as a Nominations Advisory Committee (Legislative Council) and consisting of one member who must be- (L.N. 115 of 1999) (a) a person who is admitted as a barrister or a solicitor under the Legal Practitioners Ordinance (Cap 159) or is qualified for such admission; or (b) a person with such other qualifications in the law, whether academic or professional, as the Commission considers appropriate. (2) Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment. (3) An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2). (4) An appointment under subsection (1) may be in relation to such general election or by-election or, where appropriate, general elections or by-elections, as the Commission may determine. (L.N. 209 of 2001) (5) The Commission must specify in any notice under subsection (2)- (a) the general election or general elections, or by-election or by-elections, in relation to which the Committee concerned is appointed, with reference to the year or date on which any such general election or by-election is, or general elections or by-elections are, to be held. (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) (6) The member constituting a Committee may be paid remuneration of such amount or at such rate as the Commission may determine. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 2 Appointment of the Committee VerDate:07/05/1999 PART II THE COMMITTEE (1) The Commission may appoint one or more committees each to be known as a Nominations Advisory Committee (Legislative Council) and consisting of one member who must be- (L.N. 115 of 1999) (a) a person who is admitted as a barrister or a solicitor under the Legal Practitioners Ordinance (Cap 159) or is qualified for such admission; or (b) a person with such other qualifications in the law, whether academic or professional, as the Commission considers appropriate. (2) Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment. (3) An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2). (4) An appointment under subsection (1) may be in relation to such election or by-election or, where appropriate, elections or by-elections, or nomination for the religious subsector, as the Commission may determine. (5) The Commission must specify in any notice under subsection (2)- (a) the election or elections, or by-election or by-elections, in relation to which the Committee concerned is appointed, with reference to the year or date on which any such election or by-election is, or elections or by-elections are, to be held; or (b) the nomination for the religious subsector in relation to which the Committee concerned is appointed, with reference to the period during which nomination forms relating thereto are to be submitted to the Returning Officer by the designated bodies, as the case may be. (6) The member constituting a Committee may be paid remuneration of such amount or at such rate as the Commission may determine. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 2 Appointment of the Committee VerDate:16/01/1998 PART II THE COMMITTEE (1) The Commission may appoint one or more committees each to be known as a Nominations Advisory Committee and consisting of one member who must be- (a) a person who is admitted as a barrister or a solicitor under the Legal Practitioners Ordinance (Cap 159) or is qualified for such admission; or (b) a person with such other qualifications in the law, whether academic or professional, as the Commission considers appropriate. (2) Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment. (3) An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2). (4) An appointment under subsection (1) may be in relation to such election or by-election or, where appropriate, elections or by-elections, or nomination for the religious subsector, as the Commission may determine. (5) The Commission must specify in any notice under subsection (2)- (a) the election or elections, or by-election or by-elections, in relation to which the Committee concerned is appointed, with reference to the year or date on which any such election or by-election is, or elections or by-elections are, to be held; or (b) the nomination for the religious subsector in relation to which the Committee concerned is appointed, with reference to the period during which nomination forms relating thereto are to be submitted to the Returning Officer by the designated bodies, as the case may be. (6) The member constituting a Committee may be paid remuneration of such amount or at such rate as the Commission may determine. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 3 Functions VerDate:16/07/2004 (1) Subject to subsection (2), the functions of a Committee are- (a) to advise, subject to section 5(14)- (i) any prospective candidate for a general election as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency or a functional constituency, as the case may be; and (ii)-(iii) (Repealed L.N. 209 of 2001) (b) to advise any Returning Officer as to whether- (i) a particular candidate for a general election or by-election is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency or a functional constituency. (L.N. 84 of 2004) (ii) (Repealed L.N. 209 of 2001) (2) A Committee must perform its functions under subsection (1) in respect of the general election or general elections, or by-election or by-elections, specified under section 2(5) in relation to its appointment. (3) The Commission must specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards a general election in relation to which it is appointed, and where more than one Committee is appointed in relation to the same general election, the Commission must, for the purposes of this subsection, specify the same date in respect of each such Committee. (4) As regards a particular general election or by-election, the Committee must perform its functions under subsection (1)(b) during the period specified by the Commission by notice published in the Gazette for the purpose of this subsection. (L.N. 209 of 2001) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 3 Functions VerDate:23/11/2001 (1) Subject to subsection (2), the functions of a Committee are- (a) to advise, subject to section 5(14)- (i) any prospective candidate for a general election as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency or a functional constituency, as the case may be; and (ii)-(iii) (Repealed L.N. 209 of 2001) (b) to advise any Returning Officer as to whether- (i) a particular candidate for a general election or by-election is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, a functional constituency or the Election Committee, as the case may be. (ii) (Repealed L.N. 209 of 2001) (2) A Committee must perform its functions under subsection (1) in respect of the general election or general elections, or by-election or by-elections, specified under section 2(5) in relation to its appointment. (3) The Commission must specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards a general election in relation to which it is appointed, and where more than one Committee is appointed in relation to the same general election, the Commission must, for the purposes of this subsection, specify the same date in respect of each such Committee. (4) As regards a particular general election or by-election, the Committee must perform its functions under subsection (1)(b) during the period specified by the Commission by notice published in the Gazette for the purpose of this subsection. (L.N. 209 of 2001) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 3 Functions VerDate:07/05/1999 (1) Subject to subsection (2), the functions of a Committee are- (a) to advise, subject to section 5(14)- (i) any prospective candidate for an election as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; (ii) any prospective nominee for nomination for the religious subsector as to whether he or she is eligible to be, or disqualified from being, a nominee; (iii) any designated body as to whether a person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee; and (b) to advise any Returning Officer as to whether- (i) a particular candidate for an election or by-election is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; (ii) a particular nominee for nomination for the religious subsector is eligible to be, or disqualified from being, such a nominee. (2) A Committee must perform its functions under subsection (1) in respect of the election or elections, or by-election or by-elections, or nomination for the religious subsector, specified under section 2(5) in relation to its appointment. (3) The Commission must specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards an election or nomination for the religious subsector in relation to which it is appointed, and where more than one Committee is appointed in relation to the same election or nomination for the religious subsector, as the case may be, the Commission must, for the purposes of this subsection, specify the same date in respect of each such Committee. (4) As regards a particular election or by-election or nomination for the religious subsector, the Committee must perform its functions under subsection (1)(b) during the period specified by the Commission by notice published in the Gazette for the purpose of this subsection. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 3 Functions VerDate:16/01/1998 (1) Subject to subsection (2), the functions of a Committee are- (a) to advise, subject to section 5(14)- (i) any prospective candidate for an election as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; (ii) any prospective nominee for nomination for the religious subsector as to whether he or she is eligible to be, or disqualified from being, a nominee; (iii) any designated body as to whether a person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee; and (b) to advise any Returning Officer as to whether- (i) a particular candidate for an election or by-election is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; (ii) a particular nominee for nomination for the religious subsector is eligible to be, or disqualified from being, such a nominee. (2) A Committee must perform its functions under subsection (1) in respect of the election or elections, or by-election or by-elections, or nomination for the religious subsector, specified under section 2(5) in relation to its appointment. (3) The Commission must specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards an election or nomination for the religious subsector in relation to which it is appointed, and where more than one Committee is appointed in relation to the same election or nomination for the religious subsector, as the case may be, the Commission must, for the purposes of this subsection, specify the same date in respect of each such Committee. (4) As regards a particular election or by-election or nomination for the religious subsector, the Committee must perform its functions under subsection (1)(b) during the period specified by the Commission by notice published in the Gazette for the purpose of this subsection. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 4 Filling of vacancies and allocation of work to Committees VerDate:07/05/1999 (1) Where the member constituting a Committee dies, resigns or is removed from office or becomes incapable of acting as a member due to ill-health or absence from Hong Kong, the Commission may, if it thinks fit, appoint another person to act as the Committee in his or her place. (2) Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment. (3) An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2). (4) Where there is any matter outstanding at the time of an appointment under subsection (1), it may be disposed of by the person appointed as the Committee under that subsection. (5) The Chief Electoral Officer may by virtue of section 9 of the Ordinance- (a) allocate to a Committee any work or duty which is relevant to the performance of its functions specified in section 3; and (b) if more than one Committee is appointed, with the consent of a member of the Commission, redistribute the work or duty allocated under paragraph (a) among the Committees as the Chief Electoral Officer thinks fit. (6) The member constituting a Committee- (a) may resign by notice in writing addressed to the Commission; and (b) may be removed by the Commission by notice in writing where it is of the opinion that he or she is unfit to perform the functions of his or her office. (7) A resignation under subsection (6)(a) is effective on the date specified in the notice for the purpose or on receipt of the notice by the Commission, whichever is later, or where no date is specified in the notice, on receipt of the notice by the Commission. (8) A removal under subsection (6)(b) is effective on the date specified for the purpose in the notice referred to in that subsection. (9) Notice of any resignation under subsection (6)(a) or of any removal under subsection (6)(b) must be published in the Gazette by the Commission as soon as reasonably practicable after receiving the notice of resignation or after the removal, as the case may be. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 4 Filling of vacancies and allocation of work to Committees VerDate:16/01/1998 (1) Where the member constituting a Committee dies, resigns or is removed from office or becomes incapable of acting as a member due to ill-health or absence from Hong Kong, the Commission may, if it thinks fit, appoint another person to act as the Committee in his or her place. (2) Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment. (3) An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2). (4) Where there is any matter outstanding at the time of an appointment under subsection (1), it may be disposed of by the person appointed as the Committee under that subsection. (5) The Chief Electoral Officer may by virtue of section 9 of the Ordinance- (a) allocate to a Committee any work or duty which is relevant to the performance of its functions specified in section 3; and (b) if more than one Committee is appointed, with the consent of a member of the Commission, redistribute the work or duty allocated under paragraph (a) among the Committees as the Chief Electoral Officer thinks fit. (6) The member constituting a Committee- (a) may resign by notice in writing addressed to the Commission; and (b) may be removed by the Commission by notice in writing where it is of the opinion that he or she is unfit to perform the functions of his or her office. (7) A resignation under subsection (6)(a) is effective on the date specified in the notice for the purpose or on receipt of the notice by the Commission, whichever is later, or where no date is specified in the notice, on receipt of the notice by the Commission. (8) A removal under subsection (6)(b) is effective on the date specified for the purpose in the notice referred to in that subsection. (9) Notice of any resignation under subsection (6)(a) or of any removal under subsection (6)(b) must be published in the Gazette by the Commission as soon as reasonably practicable after receiving the notice of resignation or after the removal, as the case may be. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 5 Procedure relating to applications by prospective candidates VerDate:23/11/2001 PART III PROCEDURE OF THE COMMITTEE AND MISCELLANEOUS PROVISIONS (1) A prospective candidate for a general election may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate- (L.N. 209 of 2001) (a) in respect of- (L.N. 209 of 2001) (i) a geographical constituency; or (L.N. 209 of 2001) (ii) a particular functional constituency. (L.N. 209 of 2001) (iii) (Repealed L.N. 209 of 2001) (b)-(c) (Repealed L.N. 209 of 2001) (2)-(3) (Repealed L.N. 209 of 2001) (4) An application under subsection (1)- (L.N. 209 of 2001) (a) must be in a form specified by the Commission; and (b) must be- (i) sent to the Chief Electoral Officer by post or facsimile transmission so as to be received by that Officer; or (ii) served on the Chief Electoral Officer personally, on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (5) Subject to subsection (4)(b), an application under subsection (1) may be made on or after the date on which the period specified under section 2(3) by the Commission by notice in the Gazette as referred to in section 2(2) commences. (L.N. 209 of 2001) (6) A prospective candidate may- (a) under subsection (1)(a), make- (i) only one application in respect of the geographical constituencies; and (L.N. 209 of 2001) (ii) only one application in respect of a particular functional constituency. (L.N. 209 of 2001) (iii) (Repealed L.N. 209 of 2001) (b)-(c) (Repealed L.N. 209 of 2001) (7)-(8) (Repealed L.N. 209 of 2001) (9) For the avoidance of doubt, it is declared that a prospective candidate may- (a) under subsection (1)(a)(ii), but subject to subsection (6)(a)(ii), apply for advice in respect of more than one functional constituency. (L.N. 209 of 2001) (b)-(c) (Repealed L.N. 209 of 2001) (10) As soon as reasonably practicable after receiving an application under subsection (4), the Chief Electoral Officer must refer it to a Committee appointed in relation to the general election, to which the application relates, for its consideration. (L.N. 209 of 2001) (11) A Committee to which an application is referred under subsection (10) must consider the application and advise the applicant as soon as reasonably practicable but not later than the specified date, and subject to subsections (12), (13) and (14), as to whether, in the opinion of that Committee- (a) the applicant is eligible to be, or disqualified from being, nominated as a candidate in respect of the geographical constituency or the functional constituency, as the case may be. (L.N. 209 of 2001) (b)-(c) (Repealed L.N. 209 of 2001) (12) A Committee may, where it considers appropriate, before forming an opinion for the purposes of subsection (11)- (a) (i) request the applicant to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to his or her intended candidature as that Committee considers relevant to form an opinion for the purposes of subsection (11)(a); and (ii) request the applicant to present himself or herself before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable it to form an opinion for the purposes of subsection (11)(a). (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) (13) An applicant of whom a request is made under subsection (12)(a)(ii) may, at the time and place specified under that subsection, make representations to the Committee concerned relating to his or her intended candidature- (L.N. 209 of 2001) (a) either in person; or (b) through any person authorized by him or her in writing for the purpose. (14) Without affecting the generality of the power of a Committee to give any advice which is qualified, where an applicant does not make available any information, particulars or evidence requested under subsection (12)(a)(i) or does not comply with a request under subsection (12)(a)(ii), a Committee may- (L.N. 209 of 2001) (a) refuse to consider the application any further or to give any advice in relation thereto; or (b) advise the applicant on the application, which advice may be qualified having regard to either or both of the following, as may be appropriate- (i) the fact that any information, particulars or evidence, or where appropriate, all of them, were not available to it; (ii) the failure of the applicant to present himself or herself before that Committee. (L.N. 209 of 2001) (15) Where the Committee decides under subsection (14)(a) to refuse to consider an application or give advice, it must notify the applicant in writing not later than the specified date. (16) A Committee must not consider any application for advice which is not received under subsection (4) on or before the date specified under that subsection. (17) Any advice given under subsection (11) or (14)(b) must be in writing. (18) Subject to this section, a Committee may determine its own procedure for the purpose of advising an applicant under this section. (19) In this section, "specified date" (指明日期) means the date specified under section 3(3). "specified date" (指明日期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 5 Procedure relating to applications by prospective candidates or prospective nominees VerDate:07/05/1999 PART III PROCEDURE OF THE COMMITTEE AND MISCELLANEOUS PROVISIONS (1) A prospective candidate for an election may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate- (a) in the case of a general election, in respect of- (i) a geographical constituency; (ii) a particular functional constituency; or (iii) the Election Committee; (b) in the case of an Election Committee subsector election, in respect of a particular subsector; or (c) in the case of an Election Committee sub-subsector election, in respect of a particular sub-subsector. (2) A prospective nominee for nomination for the religious subsector may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, a nominee. (3) A designated body selecting a nominee may apply in accordance with subsection (4) for the advice of a Committee as to whether the person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee. (4) An application under subsection (1), (2) or (3)- (a) must be in a form specified by the Commission; and (b) must be- (i) sent to the Chief Electoral Officer by post or facsimile transmission so as to be received by that Officer; or (ii) served on the Chief Electoral Officer personally, on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (5) Subject to subsection (4)(b), an application under subsection (1), (2) or (3) may be made on or after the date on which the period specified under section 2(3) by the Commission by notice in the Gazette as referred to in section 2(2) commences. (6) A prospective candidate may- (a) under subsection (1)(a), make- (i) only one application in respect of the geographical constituencies; (ii) only one application in respect of a particular functional constituency; and (iii) only one application in respect of the Election Committee; (b) under subsection (1)(b), make only one application in respect of a particular subsector; and (c) under subsection (1)(c), make only one application in respect of a particular sub-subsector. (7) A prospective nominee may, under subsection (2), make only one application in respect of his or her nomination for the religious subsector. (8) A designated body may, under subsection (3), make only one application in respect of a particular person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee. (9) For the avoidance of doubt, it is declared that a prospective candidate may- (a) under subsection (1)(a)(ii), but subject to subsection (6)(a)(ii), apply for advice in respect of more than one functional constituency; (b) under subsection (1)(b), but subject to subsection (6)(b), apply for advice in respect of more than one subsector; and (c) under subsection (1)(c), but subject to subsection (6)(c), apply for advice in respect of more than one sub-subsector. (10) As soon as reasonably practicable after receiving an application under subsection (4), the Chief Electoral Officer must refer it to a Committee appointed in relation to the election or nomination for the religious subsector, to which the application relates, for its consideration. (11) A Committee to which an application is referred under subsection (10) must consider the application and advise the applicant as soon as reasonably practicable but not later than the specified date, and subject to subsections (12), (13) and (14), as to whether, in the opinion of that Committee- (a) in the case that the applicant is a prospective candidate, the applicant is eligible to be, or disqualified from being, nominated as a candidate in respect of the geographical constituency, the functional constituency, the Election Committee, the subsector or the sub-subsector, as the case may be; (b) in the case that the applicant is a prospective nominee, the applicant is eligible to be, or disqualified from being, a nominee; and (c) in the case that the applicant is a designated body, that the person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee. (12) A Committee may, where it considers appropriate, before forming an opinion for the purposes of subsection (11)- (a) in the case that the applicant is a prospective candidate or prospective nominee- (i) request the applicant to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to his or her intended candidature or nomination for the religious subsector, as the case may be, as that Committee considers relevant to form an opinion for the purposes of subsection (11)(a) or (b); and (ii) request the applicant to present himself or herself before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable it to form an opinion for the purposes of subsection (11)(a) or (b); and (b) in the case that the applicant is a designated body- (i) request that designated body to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to the intended nomination of the person proposed by that body as that Committee considers relevant to form an opinion for the purpose of subsection (11)(c); and (ii) request that designated body to present itself by a representative authorized by that body in writing for the purpose before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable that Committee to form an opinion for the purpose of subsection (11)(c). (13) An applicant of whom a request is made under subsection (12)(a)(ii) may, at the time and place specified under that subsection, make representations to the Committee concerned relating to his or her intended candidature or nomination for the religious subsector, as the case may be- (a) either in person; or (b) through any person authorized by him or her in writing for the purpose. (14) Without affecting the generality of the power of a Committee to give any advice which is qualified, where an applicant does not make available any information, particulars or evidence requested under subsection (12)(a)(i) or (b)(i) or does not comply with a request under subsection (12)(a)(ii) or (b)(ii), a Committee may- (a) refuse to consider the application any further or to give any advice in relation thereto; or (b) advise the applicant on the application, which advice may be qualified having regard to either or both of the following, as may be appropriate- (i) the fact that any information, particulars or evidence, or where appropriate, all of them, were not available to it; (ii) the failure of the applicant (being a prospective candidate or prospective nominee) to present himself or herself before that Committee or the failure of the applicant (being a designated body) to present itself by its representative before that Committee. (15) Where the Committee decides under subsection (14)(a) to refuse to consider an application or give advice, it must notify the applicant in writing not later than the specified date. (16) A Committee must not consider any application for advice which is not received under subsection (4) on or before the date specified under that subsection. (17) Any advice given under subsection (11) or (14)(b) must be in writing. (18) Subject to this section, a Committee may determine its own procedure for the purpose of advising an applicant under this section. (19) In this section, "specified date" (指明日期) means the date specified under section 3(3). "specified date" (指明日期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 5 Procedure relating to applications by prospective candidates or prospective nominees VerDate:16/01/1998 PART III PROCEDURE OF THE COMMITTEE AND MISCELLANEOUS PROVISIONS (1) A prospective candidate for an election may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate- (a) in the case of a general election, in respect of- (i) a geographical constituency; (ii) a particular functional constituency; or (iii) the Election Committee; (b) in the case of an Election Committee subsector election, in respect of a particular subsector; or (c) in the case of an Election Committee sub-subsector election, in respect of a particular sub-subsector. (2) A prospective nominee for nomination for the religious subsector may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, a nominee. (3) A designated body selecting a nominee may apply in accordance with subsection (4) for the advice of a Committee as to whether the person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee. (4) An application under subsection (1), (2) or (3)- (a) must be in a form specified by the Commission; and (b) must be- (i) sent to the Chief Electoral Officer by post or facsimile transmission so as to be received by that Officer; or (ii) served on the Chief Electoral Officer personally, on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (5) Subject to subsection (4)(b), an application under subsection (1), (2) or (3) may be made on or after the date on which the period specified under section 2(3) by the Commission by notice in the Gazette as referred to in section 2(2) commences. (6) A prospective candidate may- (a) under subsection (1)(a), make- (i) only one application in respect of the geographical constituencies; (ii) only one application in respect of a particular functional constituency; and (iii) only one application in respect of the Election Committee; (b) under subsection (1)(b), make only one application in respect of a particular subsector; and (c) under subsection (1)(c), make only one application in respect of a particular sub-subsector. (7) A prospective nominee may, under subsection (2), make only one application in respect of his or her nomination for the religious subsector. (8) A designated body may, under subsection (3), make only one application in respect of a particular person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee. (9) For the avoidance of doubt, it is declared that a prospective candidate may- (a) under subsection (1)(a)(ii), but subject to subsection (6)(a)(ii), apply for advice in respect of more than one functional constituency; (b) under subsection (1)(b), but subject to subsection (6)(b), apply for advice in respect of more than one subsector; and (c) under subsection (1)(c), but subject to subsection (6)(c), apply for advice in respect of more than one sub-subsector. (10) As soon as reasonably practicable after receiving an application under subsection (4), the Chief Electoral Officer must refer it to a Committee appointed in relation to the election or nomination for the religious subsector, to which the application relates, for its consideration. (11) A Committee to which an application is referred under subsection (10) must consider the application and advise the applicant as soon as reasonably practicable but not later than the specified date, and subject to subsections (12), (13) and (14), as to whether, in the opinion of that Committee- (a) in the case that the applicant is a prospective candidate, the applicant is eligible to be, or disqualified from being, nominated as a candidate in respect of the geographical constituency, the functional constituency, the Election Committee, the subsector or the sub-subsector, as the case may be; (b) in the case that the applicant is a prospective nominee, the applicant is eligible to be, or disqualified from being, a nominee; and (c) in the case that the applicant is a designated body, that the person proposed to be nominated by that body to be a member representing the religious subsector on the Election Committee is eligible to be, or disqualified from being, a nominee. (12) A Committee may, where it considers appropriate, before forming an opinion for the purposes of subsection (11)- (a) in the case that the applicant is a prospective candidate or prospective nominee- (i) request the applicant to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to his or her intended candidature or nomination for the religious subsector, as the case may be, as that Committee considers relevant to form an opinion for the purposes of subsection (11)(a) or (b); and (ii) request the applicant to present himself or herself before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable it to form an opinion for the purposes of subsection (11)(a) or (b); and (b) in the case that the applicant is a designated body- (i) request that designated body to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to the intended nomination of the person proposed by that body as that Committee considers relevant to form an opinion for the purpose of subsection (11)(c); and (ii) request that designated body to present itself by a representative authorized by that body in writing for the purpose before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable that Committee to form an opinion for the purpose of subsection (11)(c). (13) An applicant of whom a request is made under subsection (12)(a)(ii) may, at the time and place specified under that subsection, make representations to the Committee concerned relating to his or her intended candidature or nomination for the religious subsector, as the case may be- (a) either in person; or (b) through any person authorized by him or her in writing for the purpose. (14) Without affecting the generality of the power of a Committee to give any advice which is qualified, where an applicant does not make available any information, particulars or evidence requested under subsection (12)(a)(i) or (b)(i) or does not comply with a request under subsection (12)(a)(ii) or (b)(ii), a Committee may- (a) refuse to consider the application any further or to give any advice in relation thereto; or (b) advise the applicant on the application, which advice may be qualified having regard to either or both of the following, as may be appropriate- (i) the fact that any information, particulars or evidence, or where appropriate, all of them, were not available to it; (ii) the failure of the applicant (being a prospective candidate or prospective nominee) to present himself or herself before that Committee or the failure of the applicant (being a designated body) to present itself by its representative before that Committee. (15) Where the Committee decides under subsection (14)(a) to refuse to consider an application or give advice, it must notify the applicant in writing not later than the specified date. (16) A Committee must not consider any application for advice which is not received under subsection (4) on or before the date specified under that subsection. (17) Any advice given under subsection (11) or (14)(b) must be in writing. (18) Subject to this section, a Committee may determine its own procedure for the purpose of advising an applicant under this section. (19) In this section, "specified date" (指明日期) means the date specified under section 3(3). "specified date" (指明日期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 6 Procedure relating to applications by Returning Officers VerDate:16/07/2004 (1) A Returning Officer may, as regards a general election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a candidate who has submitted a nomination form to that Officer under any relevant regulation made under the Ordinance in respect of a geographical constituency or a functional constituency is eligible to be, or disqualified from being, nominated as a candidate in respect of that geographical constituency or functional constituency. (L.N. 209 of 2001; L.N. 84 of 2004) (2) (Repealed L.N. 209 of 2001) (3) An application under subsection (1) must be in writing and made so as to be received by the Chief Electoral Officer on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (L.N. 209 of 2001) (4) A Committee to which an application is made under subsection (1) must consider the application and advise the Returning Officer concerned as soon as reasonably practicable but before the expiry of the relevant period, as to whether, in the opinion of that Committee the candidate concerned is eligible to be, or disqualified from being, nominated as a candidate in respect of that geographical constituency or functional constituency. (L.N. 84 of 2004) (5) In making a decision under the relevant regulations made under the Ordinance as to whether a particular candidate is validly nominated in respect of a geographical constituency or a functional constituency, the Returning Officer must have regard to any advice given under section 5 or 8 or subsection (4) as regards that candidate. (L.N. 209 of 2001; L.N. 84 of 2004) (6) In this section, references to Returning Officer are to be construed as references to the Returning Officer appointed for the geographical constituency or the functional constituency in respect of which the candidate concerned has submitted a nomination form. (L.N. 209 of 2001; L.N. 84 of 2004) (7) Any advice given under this section must be in writing. (8) In this section, "relevant period" (有關限期) means the period specified in section 3(4) as the period during which a Committee must perform its functions under section 3(1)(b). "relevant period" (有關限期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 6 Procedure relating to applications by Returning Officers VerDate:23/11/2001 (1) A Returning Officer may, as regards a general election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a candidate who has submitted a nomination form to that Officer under any relevant regulation made under the Ordinance- (L.N. 209 of 2001) (a) in respect of a geographical constituency, a functional constituency or the Election Committee, (b)-(c) (Repealed L.N. 209 of 2001) is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency or the Election Committee, as the case may be. (L.N. 209 of 2001) (2) (Repealed L.N. 209 of 2001) (3) An application under subsection (1) must be in writing and made so as to be received by the Chief Electoral Officer on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (L.N. 209 of 2001) (4) A Committee to which an application is made under subsection (1) must consider the application and advise the Returning Officer concerned as soon as reasonably practicable but before the expiry of the relevant period, as to whether, in the opinion of that Committee- (a) the candidate concerned is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency or the Election Committee, as the case may be. (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) (5) In making a decision under the relevant regulations made under the Ordinance as to whether- (a) a particular candidate is validly nominated in respect of a geographical constituency, a functional constituency or the Election Committee, as the case may be, (b) (Repealed L.N. 209 of 2001) the Returning Officer must have regard to any advice given under section 5 or 8 or subsection (4) as regards that candidate. (L.N. 209 of 2001) (6) In this section, references to Returning Officer are to be construed as references to the Returning Officer appointed for the geographical constituency, the functional constituency or the Election Committee, as the case may be, in respect of which the candidate concerned has submitted a nomination form. (L.N. 209 of 2001) (7) Any advice given under this section must be in writing. (8) In this section, "relevant period" (有關限期) means the period specified in section 3(4) as the period during which a Committee must perform its functions under section 3(1)(b). "relevant period" (有關限期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 6 Procedure relating to applications by Returning Officers VerDate:07/05/1999 (1) A Returning Officer may, as regards an election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a candidate who has submitted a nomination form to that Officer under any relevant regulation made under the Ordinance- (a) in the case of a general election or by-election, in respect of a geographical constituency, a functional constituency or the Election Committee; (b) in the case of an Election Committee subsector election, in respect of a subsector; or (c) in the case of an Election Committee sub-subsector election, in respect of a sub-subsector, is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency, the Election Committee, that subsector or that sub-subsector, as the case may be. (2) A Returning Officer may, as regards a nomination for the religious subsector in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a nominee whose name has been set out in a nomination form submitted to that Officer by a designated body under any relevant regulation made under the Ordinance is eligible to be, or disqualified from being, such a nominee. (3) An application under subsection (1) or (2) must be in writing and made so as to be received by the Chief Electoral Officer on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (4) A Committee to which an application is made under subsection (1) or (2) must consider the application and advise the Returning Officer concerned as soon as reasonably practicable but before the expiry of the relevant period, as to whether, in the opinion of that Committee- (a) the candidate concerned is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency, the Election Committee, that subsector or that sub-subsector, as the case may be; or (b) the nominee concerned is eligible to be, or disqualified from being, such a nominee, as the case may be. (5) In making a decision under the relevant regulations made under the Ordinance as to whether- (a) a particular candidate is validly nominated in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; or (b) a particular nominee is validly nominated by a designated body to be a member representing the religious subsector on the Election Committee, the Returning Officer must have regard to any advice given under section 5 or 8 or subsection (4) as regards that candidate or nominee. (6) In this section, references to Returning Officer are to be construed as- (a) in the case of an election or by-election, references to the Returning Officer appointed for the geographical constituency, the functional constituency, the Election Committee, the subsector or the sub-subsector, as the case may be, in respect of which the candidate concerned has submitted a nomination form; and (b) in the case of a nomination for the religious subsector, references to the Returning Officer appointed for the nomination for the religious subsector in respect of which the designated body concerned has submitted a nomination form. (7) Any advice given under this section must be in writing. (8) In this section, "relevant period" (有關限期) means the period specified in section 3(4) as the period during which a Committee must perform its functions under section 3(1)(b). "relevant period" (有關限期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 6 Procedure relating to applications by Returning Officers VerDate:16/01/1998 (1) A Returning Officer may, as regards an election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a candidate who has submitted a nomination form to that Officer under any relevant regulation made under the Ordinance- (a) in the case of a general election or by-election, in respect of a geographical constituency, a functional constituency or the Election Committee; (b) in the case of an Election Committee subsector election, in respect of a subsector; or (c) in the case of an Election Committee sub-subsector election, in respect of a sub-subsector, is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency, the Election Committee, that subsector or that sub-subsector, as the case may be. (2) A Returning Officer may, as regards a nomination for the religious subsector in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a nominee whose name has been set out in a nomination form submitted to that Officer by a designated body under any relevant regulation made under the Ordinance is eligible to be, or disqualified from being, such a nominee. (3) An application under subsection (1) or (2) must be in writing and made so as to be received by the Chief Electoral Officer on or before a date specified by the Commission by notice published in the Gazette for the purpose of this subsection. (4) A Committee to which an application is made under subsection (1) or (2) must consider the application and advise the Returning Officer concerned as soon as reasonably practicable but before the expiry of the relevant period, as to whether, in the opinion of that Committee- (a) the candidate concerned is eligible to be, or disqualified from being, nominated as a candidate in respect of a geographical constituency, that functional constituency, the Election Committee, that subsector or that sub-subsector, as the case may be; or (b) the nominee concerned is eligible to be, or disqualified from being, such a nominee, as the case may be. (5) In making a decision under the relevant regulations made under the Ordinance as to whether- (a) a particular candidate is validly nominated in respect of a geographical constituency, a functional constituency, the Election Committee, a subsector or a sub-subsector, as the case may be; or (b) a particular nominee is validly nominated by a designated body to be a member representing the religious subsector on the Election Committee, the Returning Officer must have regard to any advice given under section 5 or 8 or subsection (4) as regards that candidate or nominee. (6) In this section, references to Returning Officer are to be construed as- (a) in the case of an election or by-election, references to the Returning Officer appointed for the geographical constituency, the functional constituency, the Election Committee, the subsector or the sub-subsector, as the case may be, in respect of which the candidate concerned has submitted a nomination form; and (b) in the case of a nomination for the religious subsector, references to the Returning Officer appointed for the nomination for the religious subsector in respect of which the designated body concerned has submitted a nomination form. (7) Any advice given under this section must be in writing. (8) In this section, "relevant period" (有關限期) means the period specified in section 3(4) as the period during which a Committee must perform its functions under section 3(1)(b). "relevant period" (有關限期) ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 7 Committee to furnish copy of advice to the Commission VerDate:07/05/1999 A Committee must furnish to the Commission a copy of- (a) any advice given under section 5 or 6 as soon as reasonably practicable after it is given; (b) any information, particulars and evidence made available under section 5(12) as soon as reasonably practicable after they are made available to the Committee; and (c) any notification under section 5(15) as soon as reasonably practicable after it is sent to the applicant. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 7 Committee to furnish copy of advice to the Commission VerDate:16/01/1998 A Committee must furnish to the Commission a copy of- (a) any advice given under section 5 or 6 as soon as reasonably practicable after it is given; (b) any information, particulars and evidence made available under section 5(12) as soon as reasonably practicable after they are made available to the Committee; and (c) any notification under section 5(15) as soon as reasonably practicable after it is sent to the applicant. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 8 Committee to attend and give advice at the meeting called by the Commission VerDate:23/11/2001 (1) Without prejudice to section 6, a Committee must- (a) at the request of the Commission, attend such meeting as may be called by the Commission at the close of the nomination period for a particular general election or by-election, as the case may be; and (b) as far as reasonably practicable, give advice at the meeting to any Returning Officer present on any matter referred to in section 6(1) regarding that general election or by-election, as the case may be, on which the Returning Officer may wish to seek advice from the Committee. (L.N. 209 of 2001) (2) An advice given under subsection (1)(b) may be either oral or in writing. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 8 Committee to attend and give advice at the meeting called by the Commission VerDate:07/05/1999 (1) Without prejudice to section 6, a Committee must- (a) at the request of the Commission, attend such meeting as may be called by the Commission at the close of the nomination period for a particular election or by-election or nomination for the religious subsector, as the case may be; and (b) as far as reasonably practicable, give advice at the meeting to any Returning Officer present on any matter referred to in section 6(1) or (2) regarding that election, by-election or nomination for the religious subsector, as the case may be, which the Returning Officer may wish to seek advice from the Committee. (2) An advice given under subsection (1)(b) may be either oral or in writing. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 8 Committee to attend and give advice at the meeting called by the Commission VerDate:16/01/1998 (1) Without prejudice to section 6, a Committee must- (a) at the request of the Commission, attend such meeting as may be called by the Commission at the close of the nomination period for a particular election or by-election or nomination for the religious subsector, as the case may be; and (b) as far as reasonably practicable, give advice at the meeting to any Returning Officer present on any matter referred to in section 6(1) or (2) regarding that election, by-election or nomination for the religious subsector, as the case may be, which the Returning Officer may wish to seek advice from the Committee. (2) An advice given under subsection (1)(b) may be either oral or in writing. ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 9 Advice not to preclude seeking of nomination or election petition VerDate:23/11/2001 For the avoidance of doubt, it is declared that any advice given under this Regulation or a refusal under section 5(14)(a) does not preclude- (a) a person from seeking nomination as a candidate or proceeding with a nomination as a candidate under the relevant regulations made under the Ordinance; or (L.N. 209 of 2001) (b) (Repealed L.N. 209 of 2001) (c) the presentation of an election petition under the Legislative Council Ordinance (Cap 542). ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 9 Advice not to preclude seeking of nomination or election petition VerDate:07/05/1999 For the avoidance of doubt, it is declared that any advice given under this Regulation or a refusal under section 5(14)(a) does not preclude- (a) a person from seeking nomination as a candidate or proceeding with a nomination as a candidate, or from seeking nomination as a nominee, under the relevant regulations made under the Ordinance; (b) a designated body from proceeding with a nomination for the religious subsector under the relevant regulations made under the Ordinance; or (c) the presentation of an election petition under the Legislative Council Ordinance (Cap 542). ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES) REGULATION - SECT 9 Advice not to preclude seeking of nomination or election petition VerDate:16/01/1998 For the avoidance of doubt, it is declared that any advice given under this Regulation or a refusal under section 5(14)(a) does not preclude- (a) a person from seeking nomination as a candidate or proceeding with a nomination as a candidate, or from seeking nomination as a nominee, under the relevant regulations made under the Ordinance; (b) a designated body from proceeding with a nomination for the religious subsector under the relevant regulations made under the Ordinance; or (c) the presentation of an election petition under the Legislative Council Ordinance (Cap 542).