Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 2

Interpretation

(Past version on 16/07/2004).
(Past version on 12/10/2001).
(Past version on 05/10/2001).
(Past version on 05/05/2000).
(Past version on 03/03/2000).
(Past version on 19/11/1999).
(Past version on 07/05/1999).
(Past version on 27/02/1998).
(Past version on 21/01/1998).



"authorized representative" (獲授權代表)

"ballot paper account" (選票結算表)

"by-election" (補選)

"by-election notice" (補選公告)

"candidate" (候選人)

"central counting station" (中央點票站)

"Chief Returning Officer" (總選舉主任)

"constituency" (選區或界別)

"counting agent" (監察點票代理人)

"counting of the votes" (點票)

"counting officer" (點票人員)

"counting station" (點票站)

"counting zone" (點票區)

"election" (選舉)

"election advertisement" (選舉廣告)

"election agent" (選舉代理人)

"election expense agent" (選舉開支代理人)

"election expenses" (選舉開支)

"election notice" (選舉公告)

"elector" (選民)

"emblem" (標誌)

"FC ballot paper" (功能界別選票)

"final register" (正式登記冊)

"functional constituencies final register" (功能界別正式選民登記冊)

"functional constituency" (功能界別)

"GC ballot paper" (地方選區選票)

"GC counting station" (地方選區點票站)

"GC elector" (地方選區選民)

"GC polling station" (地方選區投票站)

"general election" (換屆選舉)

"geographical constituencies final register"
(地方選區正式選民登記冊)

"geographical constituency" or "GC" (地方選區)

"head-dress" (頭飾)

"identity card" (身分證)

"identity document" (身分證明文件)

"list of candidates" (候選人名單)

"main counting station" (大點票站)

"Member" (議員)

"multiple candidates list" (多名候選人名單)

"multiple nominees list" (多名獲提名人名單)

"no canvassing zone" (禁止拉票區)

"no staying zone" (禁止逗留區)

"nomination form" (提名表格)

"nomination list" (提名名單)

"nomination period" (提名期)

"Nominations Advisory Committee" (提名顧問委員會)

"notice appointing the election day" (指定選舉日公告)

"notice of nominations" (提名公告)

"ordinary business hours" (通常辦公時間)

"ordinary functional constituencies" (普通功能界別)

"polling agent" (監察投票代理人)

"polling day" (投票日)

"polling hours" (投票時間)

"polling officer" (投票站人員)

"polling station" (投票站)

"prescribed body" (訂明團體)

"prescribed person" (訂明人士)

"Presiding Officer" (投票站主任)

"principal residential address" (主要住址)

"registered" (登記)

"registered residential address" (登記住址)

"Returning Officer" (選舉主任)

"single candidate list" (單人候選人名單)

"single nominee list" (單人獲提名人名單)

"small polling station" (小投票站)

"special functional constituencies" (特別功能界別)

"special polling station" (特別投票站)

"specified address" (指明地點)

"specified form" (指明表格、指明格式)

"spoilt ballot paper" (損壞的選票)

"tendered ballot paper" (重複的選票)

"unused ballot paper" (未用的選票)

"validly nominated candidate" (獲有效提名的候選人)

"verification of the ballot paper account" (選票結算核實書)

(1) In this Regulation, unless the context otherwise requires—

"authorized representative" (獲授權代表) has the meaning assigned to it
by section 3(1) of the Legislative Council Ordinance ( Cap 542);

"ballot paper account" (選票結算表) means a statement prepared under
section 64;

"by-election" (補選) has the meaning assigned to it by section 3(1) of the
Legislative Council Ordinance ( Cap 542);

"by-election notice" (補選公告) means a notice published under section 8;

"candidate" (候選人) means, subject to subsection (2), in relation to—

   (a)  a particular geographical constituency, a candidate who is validly
        nominated to be returned as a Member for that geographical 
        constituency at a general election or by-election; and

   (b)  a particular functional constituency, a candidate who is validly
        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)

"central counting station" (中央點票站) means a counting station
designated under section 28(9)(a)(ii) in relation to a general election for
counting the votes for functional constituencies; (L.N. 65 of 2000; L.N. 84 of
2004)

"Chief Returning Officer" (總選舉主任) means the Returning Officer
designated as such under section 99(a);

"constituency" (選區或界別) means a geographical constituency or a
functional  constituency;

"counting agent" (監察點票代理人) means a person appointed as a
counting agent under section 66;

"counting of the votes" (點票) includes, where appropriate, the separation,
sorting and counting of ballot papers;

"counting officer" (點票人員) means, in relation to a counting station, a
person appointed under section 67 as a counting officer for that counting 
station;

"counting station" (點票站) means a place designated as a counting station
under section 28;

"counting zone" (點票區) means an area within a counting station assigned
by the Chief Returning Officer, the Returning Officer or the Presiding 
Officer, as may be appropriate, for the counting of the votes for a particular
constituency; (L.N. 84 of 2004)

"election" (選舉) means a general election or a by-election;

"election advertisement" (選舉廣告) has the meaning assigned to it by
section  2 of the Elections (Corrupt and Illegal Conduct) Ordinance (
Cap 554), but
the reference to "an election" in that meaning is to be construed as the
election referred to in section 4(b) or (c) of that Ordinance; (L.N. 65 of
2000)

"election agent" (選舉代理人) means a person appointed as an election
agent under section 23;

"election expense agent" (選舉開支代理人) has the meaning assigned to
it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (
Cap  554); (L.N. 65 of 2000)

"election expenses" (選舉開支) has the meaning assigned to it by section 2
of the Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554), but the
reference to "an election" in that meaning is to be construed as the election
referred to in section 4(b) or (c) of that Ordinance; (10 of 2000 s. 47; L.N.
65 of 2000)

"election notice" (選舉公告) means, in relation to—

   (a)  a geographical constituency, a notice published under section  4 ; and

   (b)  a functional constituency, a notice published under section 5; (L.N.
        84 of 2004)

   (c)  (Repealed L.N. 84 of 2004)

"elector" (選民) has the meaning assigned to it by section 3(1) of the
Legislative Council Ordinance ( Cap 542);

"emblem" (標誌) has the meaning assigned to it by section 2(1) of the
Particulars Relating to Candidates on Ballot Papers (Legislative Council and
District Councils) Regulation ( Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N.
47 of 2007)

"FC ballot paper" (功能界別選票) means a ballot paper to vote for a
candidate standing for election for a functional constituency;

"final register" (正式登記冊) means—

   (a)  the geographical constituencies final register; or

   (b)  the functional constituencies final register; (L.N. 84 of 2004)

   (c)  (Repealed L.N. 84 of 2004)

"functional constituencies final register" (功能界別正式選民登記冊)
means the final  register of electors for functional constituencies compiled
under the Electoral Affairs Commission (Registration) (Electors for
Legislative Council Functional Constituencies) (Voters for Election Committee
Subsectors) (Members of Election Committee) Regulation ( Cap 541 sub. leg. B)
and which is in effect; (L.N. 200 of 2001)

"functional constituency" (功能界別) has the meaning assigned to it by
section  3 (1) of the Legislative Council Ordinance ( Cap 542);

"GC ballot paper" (地方選區選票) means a ballot paper to vote for a
candidate standing for election for a geographical constituency;

"GC counting station" (地方選區點票站) means a counting station
designated under section 28(9)(a)(i) in relation to a general election for
counting the votes for one geographical constituency; (L.N. 65 of 2000)

"GC elector" (地方選區選民) means a person who is entitled to vote for a
geographical constituency; (L.N. 147 of 1998)

"GC polling station" (地方選區投票站) means a polling station assigned
by the Chief Electoral Officer under section 30(1) to conduct the polling for
a particular geographical constituency; (L.N. 84 of 2004)

"general election" (換屆選舉) has the meaning assigned to it by
section 3(1) of the Legislative Council Ordinance ( Cap 542);

"geographical constituencies final register"
(地方選區正式選民登記冊) means the final  register of electors for
geographical constituencies compiled under the
Electoral Affairs Commission (Registration of Electors) (Legislative 
Council Geographical Constituencies) (District Council Constituencies) 
Regulation ( Cap 541 sub. leg. A) and which is in effect; (L.N. 284 of 1999)

"geographical constituency" or "GC" (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); (L.N. 84 of 2004)

"head-dress" (頭飾) means anything which is worn on a person's head; (L.N.
84 of 2004)

"identity card" (身分證) has the meaning assigned to it by section 1A of
the Registration of Persons Ordinance ( Cap 177); (L.N. 147 of 1998)

"identity document" (身分證明文件) has the meaning assigned to it by
section  3 (1) of the Legislative Council Ordinance ( Cap 542);

"list of candidates" (候選人名單) means a list of candidates referred to
in section 38(10) of the Legislative Council Ordinance ( Cap 542) or a new
list of candidates referred to in section 38(14) of that Ordinance; (L.N. 65
of 2000)

"main counting station" (大點票站) means a place designated as a
main counting  station under section 28; (L.N. 84 of 2004)

"Member" (議員) has the meaning assigned to it by section 3(1) of the
Legislative Council Ordinance ( Cap 542);

"multiple candidates list" (多名候選人名單) means a list of candidates
with more than one candidate;

"multiple nominees list" (多名獲提名人名單) means a nomination list
with more than one nominee;

"no canvassing zone" (禁止拉票區) means an area determined under
section 40 to be an area in which canvassing of votes is prohibited;

"no staying zone" (禁止逗留區) means an area determined under section 40
to be an area in which staying or loitering is prohibited;

"nomination form" (提名表格) means, in relation to—

   (a)  a geographical constituency, the specified form containing the
        nomination list; and

   (b)  a functional constituency, the specified form submitted for the
        purpose of nominating a candidate to stand for election for a
        functional  constituency; (L.N. 84 of 2004)

   (c)  (Repealed L.N. 84 of 2004)

"nomination list" (提名名單) means a list submitted for the purposes of
section 38 of the Legislative Council Ordinance ( Cap 542);

"nomination period" (提名期) means, in relation to nominations—

   (a)  for a geographical constituency, the period specified under
        section 4(2)(b);

   (b)  for a functional constituency, the period specified under
        section 5(2)(b); and

   (c)  (Repealed L.N. 84 of 2004)

   (d)  for a by-election for a constituency, the relevant period specified
        under section 8(7)(a); (L.N. 84 of 2004)

"Nominations Advisory Committee" (提名顧問委員會) means a committee
appointed under the
Electoral Affairs Commission (Nominations Advisory Committees 
(Legislative Council)) Regulation ( Cap 541 sub. leg. C); (L.N. 115 of 1999)

"notice appointing the election day" (指定選舉日公告) means, in
relation to a general election, a notice by which a date is specified by the
Chief Executive under the Legislative Council Ordinance ( Cap 542) to hold an 
election to return—

   (a)  the Members to be returned for geographical constituencies; or

   (b)  the Members to be returned for functional constituencies; (L.N. 84 of
        2004)

   (c)  (Repealed L.N. 84 of 2004)

"notice of nominations" (提名公告) means a notice published under section 
21 (3), (4) or (5) in relation respectively to an election for geographical
constituencies or functional constituencies; (L.N. 84 of 2004)

"ordinary business hours" (通常辦公時間) means the hours—

   (a)  between 9 a.m. and 12 noon on a Saturday; and

   (b)  between 9 a.m. and 5 p.m. on any other day, other than a general
        holiday;

"ordinary functional constituencies" (普通功能界別) means the functional
constituencies specified in section 20(1)(e) to (zb) of the Legislative 
Council Ordinance ( Cap 542); (L.N. 65 of 2000)

"polling agent" (監察投票代理人) means a person appointed as a
polling agent under section 42;

"polling day" (投票日) means the date on which the poll is to be held in
an  election;

"polling hours" (投票時間) means the hours for polling appointed under
section  27 ;

"polling officer" (投票站人員) means, in relation to a polling station, a
person appointed under section 34(2) as a polling officer for that polling 
station;

"polling station" (投票站) means a place designated as a polling station
under section 28;

"prescribed body" (訂明團體) has the meaning assigned to it by
section 2(1) of the Particulars Relating to Candidates on Ballot Papers
(Legislative Council and District Councils) Regulation ( Cap 541 sub. leg. M);
(L.N. 84 of 2004; L.N. 47 of 2007)

"prescribed person" (訂明人士) has the meaning assigned to it by
section 2(1) of the Particulars Relating to Candidates on Ballot Papers
(Legislative Council and District Councils) Regulation ( Cap 541 sub. leg. M);
(L.N. 84 of 2004; L.N. 47 of 2007)

"Presiding Officer" (投票站主任) means, in relation to a polling station,
the person appointed under section 34(1) as the Presiding Officer for that
polling station;

"principal residential address" (主要住址) means, in relation to a person,
the address of the only or principal residence (within the meaning of section 
28 (3) of the Legislative Council Ordinance ( Cap 542)) of the person;

"registered" (登記), in the context of a registered emblem or a registered
name, has the meaning assigned to it by section 2(1) of the Particulars
Relating to Candidates on Ballot Papers (Legislative Council and District
Councils) Regulation ( Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of
2007)

"registered residential address" (登記住址) means, in relation to a
person, the address recorded in the particulars of that person in the
geographical  constituencies final register;

"Returning Officer" (選舉主任) has the meaning assigned to it by
section 3(1) of the Legislative Council Ordinance ( Cap 542);

"single candidate list" (單人候選人名單) means a list of candidates
with only one candidate;

"single nominee list" (單人獲提名人名單) means a nomination list with
only one nominee;

"small polling station" (小投票站) means a place designated as a
small polling  station under section 28; (L.N. 84 of 2004)

"special functional constituencies" (特別功能界別) means the functional
constituencies specified in section 20(1)(a) to (d) of the Legislative 
Council Ordinance ( Cap 542); (L.N. 65 of 2000)

"special polling station" (特別投票站) means a polling station designated
as such under section 29;

"specified address" (指明地點) means, in relation to a geographical 
constituency or a functional constituency, the address specified in the
relevant election notice or by-election notice as the address at which the
nomination forms are to be submitted; (L.N. 84 of 2004)

"specified form" (指明表格、指明格式) means, in relation to a
particular purpose of this Regulation, the form specified under section 100
for that purpose;

"spoilt ballot paper" (損壞的選票) means a spoilt ballot paper within the
meaning of section 62;

"tendered ballot paper" (重複的選票) means a tendered ballot paper within
the meaning of section 60;

"unused ballot paper" (未用的選票) means an unused ballot paper within
the meaning of section 61(2);

"validly nominated candidate" (獲有效提名的候選人) means—

   (a)  subject to paragraph (b), a person whom the Returning Officer has
        decided under section 16 to be validly nominated;

   (b)  in case a declaration under section 42B(2)(b) or (5)(b) of the
        Legislative Council Ordinance ( Cap 542) is made, a person who is
        stated to be validly nominated in the declaration; (L.N. 65 of 2000)

"verification of the ballot paper account" (選票結算核實書) means a
statement prepared under section 74(1)(d), 74A(1)(a) or (b)(ii) or 74B(1)(c)
or (1A) or (1B)(b). (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 84 of 2004) (L.N.
147 of 1998; L.N. 65 of 2000; L.N. 210 of 2001; L.N. 84 of 2004)

(2) In this Regulation—

        (a)	in Part II, "candidate" (候選人) includes a person who is being or 
has been nominated as a candidate (including a person whose name appears on a
nomination list as a nominee) to stand for election as a Member; and

        (b)	in sections 25 and 102, "candidate" (候選人)—


        (i)    means a person who stands nominated as a candidate at an 
               election; and

        (ii)   also means a person who, at any time before close of
               nominations for an election, has publicly declared an intention
               to stand as a candidate at the election, and includes a person
               who is one of a group of candidates within the meaning of the
               Elections (Corrupt and Illegal Conduct) Ordinance ( Cap  554).
               (L.N. 65 of 2000)

(3) In this Regulation, unless it is provided otherwise, a
reference to "Returning Officer" is to be construed, in relation to—

   (a)  a geographical constituency, as the Returning Officer appointed for
        that geographical constituency; and

   (b)  a functional constituency, as the Returning Officer appointed for that
        functional constituency. (L.N. 84 of 2004)

   (c)  (Repealed L.N. 84 of 2004)

(4) In this Regulation, any reference to the election agent, polling agent or
counting agent of a candidate is to be construed, where appropriate, as
including the election agent, polling agent or counting  agent appointed on
behalf of a list of candidates.

(5) In this Regulation, any provision which entitles or permits a candidate,
an election agent, a polling agent or a counting agent to do anything in a
polling station, counting station, counting zone or in relation to the
counting of the votes is to be construed as entitling or permitting the
candidate or the agent to do it in a polling station, counting station,
counting zone or in relation to the counting of the  votes for the
constituency for which the candidate is standing for election or for which the
agent is appointed, as the case may require.

(6) In this Regulation, unless it is provided otherwise—

        (a)	a reference to "counting station" is to be construed as 
including a main counting station; and

        (b)	a reference to "polling station" is to be construed as 
including a small polling station and a special polling station. (L.N. 84 of
2004)

(7) (Repealed L.N. 210 of 2001)