HKLII Hong Kong Regulations

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ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

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

"ballot paper" (選票) means a ballot paper to vote for a candidate standing
for election for a constituency;

"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 2 of the
District Councils Ordinance ( Cap 547);

"by-election notice" (補選公告) means a notice published under section 10;

"candidate" (候選人) means, subject to subsection (2), in relation to a
particular constituency, a candidate who is validly nominated to be returned
as an elected member for that constituency at an election;

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

"constituency" (選區) has the meaning assigned to it by section 2 of the
District Councils Ordinance ( Cap 547);

"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 31;

"counting zone" (點票區) means an area within a counting station assigned
by the Chief Electoral Officer for the counting of the votes for a particular
constituency;

"District" (地方行政區) has the meaning assigned to it by section 2 of
the District Councils Ordinance ( Cap 547);

"district counting station" (分區點票站) means a counting station
designated as a district counting station under section 31(9);

"elected member" (民選議員) has the meaning assigned to it by section 2 of
the District Councils Ordinance ( Cap 547);

"election" (選舉) means an ordinary election or a by-election;

"election advertisement" (選舉廣告) means any publicity material used or
intended to be used by or on behalf of a candidate for the purpose of
promoting or advertising that candidate in connection with an election;

"election agent" (選舉代理人) means a person appointed as an
election agent under section 26;

"election day" (選舉日) means the date on which an election is to be held;

"election expense agent" (選舉開支代理人) means a person authorized to
incur election expenses under section 28;

"election expenses" (選舉開支), in relation to an election, has the
meaning assigned to it by section 2 of the
Corrupt and Illegal Practices Ordinance ( Cap 288);

"election notice" (選舉公告) means a notice published under section 8;

"elector" (選民) means any person whose name is included in the final 
register;

"Electoral Registration Officer" (選舉登記主任) has the meaning assigned
to it by section 2 of the District Councils Ordinance ( Cap 547);

"final register" (正式選民登記冊) means the
geographical constituencies final  register or, in relation to the first
ordinary election, the register compiled under section 4 for that election;

"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) (Geographical Constituencies) (Legislative Council)
Regulation ( Cap 541 sub. leg.) and which is in effect;

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

"identity document" (身分證明文件) has the meaning assigned to it by
section 2 of the District Councils Ordinance ( Cap 547);

"no canvassing zone" (禁止拉票區) means an area determined under
section 43 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 43
to be an area in which staying or loitering is prohibited;

"nomination form" (提名表格) means the specified form submitted for the
purpose of nominating a candidate to stand for election for a constituency;

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

   (a)  an ordinary election, the period specified under section  8 (2)(b);

   (b)  a by-election for a constituency, the period specified under
        section 10(5)(a);

"Nominations Advisory Committee" (提名顧問委員會) means a committee
appointed under the Electoral Affairs Commission (Nominations Advisory
Committees (District Councils) ) Regulation ( Cap 541 sub. leg.);

"notice appointing the election day" (指定選舉日公告) means, in
relation to an ordinary election, a notice by which a date is specified by the
Chief Executive under the District Councils Ordinance ( Cap 547) to hold an
election to return elected members of the District Councils;

"notice of nominations" (提名公告) means a notice published under
section 22;

"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;

"polling agent" (監察投票代理人) means a person appointed as a
polling agent under section 45;

"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  30 ;

"polling officer" (投票站人員) means, in relation to a polling station,
the person appointed under section 37(2) as a polling officer for that
polling  station;

"polling station" (投票站) means a place designated as a polling station
under section 31;

"Presiding Officer" (投票站主任) means, in relation to a polling station,
the person appointed under section 37(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 residential address" (登記住址) means, in relation to a
person-

   (a)  subject to paragraph (b), the address recorded in the particulars of
        that person in the final register;

   (b)  in sections 5 and 6, 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 2
of the District Councils Ordinance ( Cap 547);

"special polling station" (特別投票站) means a polling station designated
as such under section 32;

"specified address" (指明地點) means, in relation to a 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 for that
constituency;

"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;

"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; or

   (b)  in case a declaration under section 24 or 25 is made, a person whom
        the Returning Officer has declared under section 24 or 25 to be
        validly nominated;

"verification of the ballot paper account" (選票結算核實書) means a
statement prepared under section 75(1)(b).

(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 to stand for election as an elected  member;
and

        (b) in the definition of "election advertisement" and section 103, 


"candidate" (候選人) includes a person who is a candidate within the
meaning of paragraph (a) and a person who intends to stand for election as an
elected member at an election, whether or not that person has submitted a
nomination form under Part II.

(3) In this Regulation, unless it is provided otherwise-

   (a)  references to the Chief Returning Officer are to be construed, in
        relation to a counting station, as references to the Chief Returning 
        Officer appointed for that counting station; and

   (b)  references to the Returning Officer are to be construed, in relation
        to a constituency, as references to the Returning Officer appointed
        for that constituency.

(4) 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.

"ballot paper" (選票)

"ballot paper account" (選票結算表)

"by-election" (補選)

"by-election notice" (補選公告)

"candidate" (候選人)

"Chief Returning Officer" (總選舉主任)

"constituency" (選區)

"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)

"District" (地方行政區)

"district counting station" (分區點票站)

"elected member" (民選議員)

"election" (選舉)

"election advertisement" (選舉廣告)

"election agent" (選舉代理人)

"election day" (選舉日)

"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)

"Electoral Registration Officer" (選舉登記主任)

"final register" (正式選民登記冊)

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

"identity card" (身分證)

"identity document" (身分證明文件)

"no canvassing zone" (禁止拉票區)

"no staying zone" (禁止逗留區)

"nomination form" (提名表格)

"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)

"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)

"Presiding Officer" (投票站主任)

"principal residential address" (主要住址)

"registered residential address" (登記住址)

"Returning Officer" (選舉主任)

"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)

"candidate" (候選人)



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