Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 5

Procedure relating to applications by prospective candidates

(Past version on 07/05/1999).
(Past version on 16/01/1998).

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        (iii)  (Repealed L.N. 209 of 2001)

   (b)  -(c) (Repealed L.N. 209 of 2001)

(2)-(3) (Repealed L.N. 209 of 2001)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        (iii)  (Repealed L.N. 209 of 2001)

   (b)  -(c) (Repealed L.N. 209 of 2001)

(7)-(8) (Repealed L.N. 209 of 2001)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   (b)  -(c) (Repealed L.N. 209 of 2001)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)