Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (LEGISLATIVE COUNCIL)) REGULATION - SECT 6

Procedure relating to applications by Returning Officers

(Past version on 23/11/2001).
(Past version on 07/05/1999).
(Past version on 16/01/1998).

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(2) (Repealed L.N. 209 of 2001)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