ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - CHAPTER 541G ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - LONG TITLE Empowering section (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - LONG TITLE Empowering section VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (Cap 541, section 7) (L.N. 306 of 1999) ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 1 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 1 Commencement VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART I PRELIMINARY (1) Subject to subsection (2), this Regulation shall come into operation on 21 January 2000. (2) Section 13, Part V and section 21 (only in so far as the section relates to a request submitted under Part V) shall come into operation on 1 July 2000. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 2 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 2 Interpretation VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. In this Regulation, unless the context otherwise requires- "abbreviation" (簡稱), in relation to a name, includes a shortened form of that name; "agent" (代理人), in relation to an organization, means a natural person who is appointed by that organization as having the authority to sign on its behalf- (a) the certificate referred to in section 18(3)(a); and (b) the notification referred to in section 18(3)(c); "ballot paper" (選票) means a ballot paper used at a general election or by-election to vote for- (a) a candidate standing for election for a functional constituency; (b) a list of candidates standing for election for a geographical constituency; or (c) a candidate standing for election by the Election Committee; "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 person nominated for election as a Member; "Chinese name" (中文名稱) means a name comprising principally Chinese characters, whether with or without any of the following in addition thereto- (a) an English word; (b) a letter of the English alphabet that does not, in the name concerned, form part of an English word; (c) a numeral; or (d) a symbol, and when used in relation to an organization, means the Chinese name of that organization as shown in a relevant certificate in respect of that organization; "Election Committee" (選舉委員會) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "emblem" (標誌) means any sign or mark, in colour or otherwise, that is visually perceptible and capable of being represented graphically and may, in particular, consist of characters, words, letters, numerals, figurative elements, or any combination of the same; "English name" (英文名稱) means a name comprising principally English words, letters of the English alphabet that do not, in the name concerned, form part of an English word, or both, whether with or without any of the following in addition thereto- (a) a Chinese character; (b) a numeral; or (c) a symbol, and when used in relation to an organization, means the English name of that organization as shown in a relevant certificate in respect of that organization; "existing Register" (現有登記冊) means the Register that is in effect under section 12(5)(b) for the time being; "functional constituency" (功能界別) 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); "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 within the meaning of section 38(10) 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); "name" (名稱) means a Chinese name, an English name, or both, as the case may require, and- (a) when used in relation to an organization, means the name of that organization as shown in a relevant certificate in respect of that organization; (b) when used in relation to a natural person, means the name of that person as shown in his identity document; (c) when used in relation to any other person, means the name of that person as shown in any documentary evidence acceptable to the Commission; "next Register" (下一份登記冊), in relation to an application made under section 4, 5, 15 or 17 during a relevant period, means the Register to be compiled under section 12 immediately following that relevant period; "no-action period" (休止期) means a period that begins on the date which is 30 days before the commencement of a nomination period and ends upon expiration of that nomination period; "nomination list" (提名名單) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "nomination period" (提名期) has the meaning assigned to it by section 2(1) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap 541 sub. leg.); "organization" (組織) means- (a) a society or a branch of a society registered under the Societies Ordinance (Cap 151) or exempted under that Ordinance from being so registered; (b) a society taken to be registered under the Societies Ordinance (Cap 151) by virtue of section 43 of that Ordinance; or (c) a person listed in the Schedule (excluding paragraphs (5) and (5A) thereof) to the Societies Ordinance (Cap 151), excluding one to which that Ordinance applies by virtue of section 2(2B) thereof; "Provisional Register" (臨時登記冊) means the Provisional Register of Names of Organizations and Emblems for Ballot Papers (Legislative Council Election) compiled under section 9; "recognized agent" (認可代理人), in relation to an organization, means a natural person whose name is entered in the existing Register as an agent of the organization; "Register" (登記冊) means the Register of Names of Organizations and Emblems for Ballot Papers (Legislative Council Election) compiled under section 12; "registered" (登記) means entered- (a) in the existing Register; and (b) under section 12(2)(b), and- (i) a reference to- (A) the registered name, the registered abbreviation of the name or the registered emblem of an organization is to be construed as a reference to the name, the abbreviation of the name or the emblem of that organization for the time being that is so entered; (B) a name, an abbreviation of name or an emblem registered in relation to an organization is to be construed as a reference to the name, the abbreviation of name or the emblem so entered in relation to the organization, whether or not the name, the abbreviation or the emblem is the name, the abbreviation of the name or the emblem of the organization for the time being; and (ii) a reference to- (A) the registered emblem of a natural person is to be construed as a reference to the emblem of that natural person for the time being that is so entered; (B) an emblem registered in relation to a natural person is to be construed as a reference to the emblem so entered in relation to the natural person, whether or not the emblem is the emblem of the natural person for the time being; "relevant certificate" (有關證明書)- (a) in relation to an organization within the meaning of paragraph (a) of the definition of "organization" in this section, means- (i) a certificate issued by the Societies Officer in respect of the registration of the organization under the Societies Ordinance (Cap 151); or (ii) a certificate of exemption from registration issued by the Societies Officer in respect of the exemption of the organization from registration under the Societies Ordinance (Cap 151); (b) in relation to an organization within the meaning of paragraph (b) of the definition of "organization" in this section, means a certificate or instrument issued by the Societies Officer that proves to the satisfaction of the Commission that the organization is a society described in that paragraph; (c) in relation to an organization within the meaning of paragraph (c) of the definition of "organization" in this section, means- (i) subject to subparagraph (ii), documentary evidence that proves to the satisfaction of the Commission that the organization is a person described in that paragraph; (ii) if the organization is registered under an Ordinance as provided in the Schedule (excluding paragraphs (5) and (5A) thereof) to the Societies Ordinance (Cap 151) and the first mentioned Ordinance provides for a certificate in respect of the registration, such a certificate; "relevant period" (有關期間) means the period specified under section 3; "Returning Officer" (選舉主任) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "Societies Officer" (社團事務主任) means the Societies Officer and any Assistant Societies Officer appointed in accordance with section 3 of the Societies Ordinance (Cap 151); "specified form" (指明表格、指明格式), in relation to a particular purpose of this Regulation, means the form specified under section 23 for that particular purpose. "abbreviation" (簡稱), "agent" (代理人)"ballot paper" (選票) "by-election" (補選) "candidate" (候選人) "Chinese name" (中文名稱) "Election Committee" (選舉委員會) "emblem" (標誌) "English name" (英文名稱) "existing Register" (現有登記冊) "functional constituency" (功能界別) "geographical constituency" (地方選區) "identity document" (身分證明文件) "list of candidates" (候選人名單) "Member" (議員) "name" (名稱) "next Register" (下一份登記冊)"no-action period" (休止期) "nomination list" (提名名單) "nomination period" (提名期)"organization" (組織) "Provisional Register" (臨時登記冊) "recognized agent" (認可代理人),"Register" (登記冊) "registered" (登記) "relevant certificate" (有關證明書)-"relevant period" (有關期間) "Returning Officer" (選舉主任) "Societies Officer" (社團事務主任) "specified form" (指明表格、指明格式) ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 3 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 3 Commission to specify relevant period VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) Where a general election is to be held, the Commission must, at such time before that general election as it thinks fit, specify, as the relevant period for the purposes of this Regulation, one period of 30 days that falls within the 9 months preceding the date specified under the Legislative Council Ordinance (Cap 542) for the general election. The Commission must give notice of that relevant period in the Gazette. (2) For the purposes of this section- (a) "general election" does not include a general election that immediately follows a dissolution of the Legislative Council by the Chief Executive in accordance with the Basic Law; and (b) if different dates are specified under the Legislative Council Ordinance (Cap 542) for holding the relevant general election, the date specified for that general election is the first of such dates. "general election" ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 4 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 4 Application by organization for registration of name, etc. VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART II APPLICATION FOR REGISTRATION (1) An organization may apply to the Commission for the registration in the next Register of- (a) its Chinese name; (b) one abbreviation of its Chinese name; (c) its English name; (d) one abbreviation of its English name; (e) one emblem of the organization. (2) An application under subsection (1)- (a) may be made only during a relevant period; (b) must be made in the specified form and signed by the applicant; (c) must contain a declaration- (i) that the applicant intends to allow one or more than one person to have the name, the abbreviation of name or the emblem, the subject of the application, printed on a ballot paper on which the name of such person will appear as a candidate; and (ii) made by the person who may, under section 22(1), sign a document on behalf of the applicant; (d) must set out- (i) the name and address of the applicant; (ii) (A) the Chinese name; (B) the abbreviation of the Chinese name; (C) the English name; (D) the abbreviation of the English name; or (E) the emblem, of the applicant for registration; and (iii) any other information reasonably required by the Commission for the purpose of the application; (e) must be accompanied by a relevant certificate in respect of the applicant; and (f) must reach the Chief Electoral Officer during the relevant period. (3) An organization may, during a relevant period, make only one application under subsection (1) in respect of each of the matters referred to in paragraphs (a) to (e) of that subsection. (4) An organization must not, during a relevant period, make an application under subsection (1) if, in case the subject of the application is- (a) its Chinese name, a Chinese name; (b) one abbreviation of its Chinese name, an abbreviation of a Chinese name; (c) its English name, an English name; (d) one abbreviation of its English name, an abbreviation of an English name; (e) one emblem of the organization, an emblem, is, at the commencement of the relevant period, registered in relation to that organization. (5) If, pursuant to subsection (3), an organization makes more than one application under subsection (1) during a relevant period, all such applications may be made at the same time in one specified form, with such modifications to the requirements under subsection (2), as the Commission may allow. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 5 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 5 Application by natural person for registration of emblem VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) A natural person may apply to the Commission for the registration of his emblem in the next Register. (2) An application under subsection (1)- (a) may be made only during a relevant period; (b) must be made in the specified form and signed by the applicant; (c) must contain a declaration by the applicant that- (i) he is eligible under section 37 of the Legislative Council Ordinance (Cap 542) to be nominated as a candidate at an election for a geographical constituency or a functional constituency, or for election by the Election Committee; and (ii) he is not disqualified under section 39 of the Legislative Council Ordinance (Cap 542) from being so nominated; (d) must set out- (i) the name, address and identity document number of the applicant; (ii) the emblem of the applicant for registration; and (iii) any other information reasonably required by the Commission for the purpose of the application; and (e) must reach the Chief Electoral Officer during the relevant period. (3) A natural person may, during a relevant period, make only one application under subsection (1). (4) A natural person must not, during a relevant period, make an application under subsection (1) in respect of his emblem, if an emblem is, at the commencement of the relevant period, registered in relation to that person. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 6 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 6 Organization to appoint agent VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) Subject to subsection (2), if an organization makes any application under section 4 and the organization does not have any recognized agent at the time of the application, it- (a) may, at the time of the application or at any time thereafter, make an initial appointment of at least one, and not more than 3, agents; and (b) must give to the Commission notice of the initial appointment. Each agent must be appointed to act severally. (2) Nothing in subsection (1) authorizes an organization to have, at all material times, more than 3 agents at the same time. (3) A notice of initial appointment under subsection (1)(b) must- (a) be in the specified form and signed by the organization concerned; (b) set out- (i) the name and address of the organization concerned; (ii) the name and signature of each of the agents appointed under the initial appointment; and (iii) any other information reasonably required by the Commission for the purpose of the initial appointment; and (c) reach the Chief Electoral Officer as soon as practicable, but not before the application has reached that Officer. (4) An organization- (a) may, at any time, vary its initial appointment made under subsection (1)(a), or its initial appointment as varied, by cancelling the appointment of any of its agents or by appointing any other agent, or both; (b) must give to the Commission notice of such variation, but nothing in this subsection authorizes an organization to have, at all material times, no agent, or more than 3 agents at the same time. (5) A notice of variation of appointment under subsection (4)(b) must- (a) be in the specified form and signed by the organization concerned; (b) set out- (i) the name and address of the organization concerned; (ii) either one or both of the following- (A) the name of each of the agents whose appointment is cancelled; (B) the name and signature of each of the agents appointed under the variation of appointment; and (iii) any other information reasonably required by the Commission for the purpose of the variation; and (c) reach the Chief Electoral Officer as soon as practicable. (6) For the avoidance of doubt, if a notice of initial appointment under subsection (1)(b) or a notice of variation of appointment under subsection (4)(b) (whether or not it forms an application under section 14(4)) reaches the Chief Electoral Officer- (a) subject to paragraph (b), the appointment or variation of appointment contained in the notice has no effect, and the Commission, the Chief Electoral Officer or a Returning Officer is not required to act upon or have any regard to the appointment or variation, for the purposes of section 18(3)(a) and (c), until the Chief Electoral Officer has made entry in or amendment to, as the case may be, a Register in respect of the notice- (i) in case the notice reaches the Chief Electoral Officer during a no-action period, under section 14(2)(a) or (b) or (5)(a), as the case may be; (ii) in case the notice reaches the Chief Electoral Officer at any time outside a no-action period, under section 12(2)(c)(ii) or 14(3) or (5)(b), as the case may be; and (b) the appointment or variation of appointment contained in the notice does not, in any event, affect anything that a recognized agent of the organization concerned for the time being has, before the Chief Electoral Officer makes the entry or amendment, as the case may be, referred to in paragraph (a), done under section 18(3)(a) or (c). ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 7 Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 7 Certain applications may not be granted VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) The Commission may refuse to grant an application made by an organization under section 4 for the registration of a name or an abbreviation of name if, in its opinion, the name or the abbreviation- (a) is identical to the name or the abbreviation of the name of another organization- (i) (A) which is registered; and (B) in respect of which that other organization has, during the relevant period in which the application is made, made an application under section 17 that the Commission intends to grant; or (ii) in respect of which that other organization has, during the relevant period in which the application is made, made an application- (A) under section 4; or (B) under section 15 for registration in the next Register in place of a name or an abbreviation of name registered in relation to that other organization, that the Commission, after having considered the history of the applicant and that other organization in using the name or the abbreviation concerned, intends to grant; (b) so nearly resembles the name or the abbreviation of the name of another organization- (i) (A) which is registered; and (B) in respect of which that other organization has, during the relevant period in which the application is made, made an application under section 17 that the Commission intends to grant; or (ii) in respect of which that other organization has, during the relevant period in which the application is made, made an application- (A) under section 4; or (B) under section 15 for registration in the next Register in place of a name or an abbreviation of name registered in relation to that other organization, that the Commission, after having considered the history of the applicant and that other organization in using the name or the abbreviation concerned, intends to grant, that it is likely to be confused with or mistaken for the name or the abbreviation of the name of that other organization; (c) comprises- (i) in the case of a Chinese name or an abbreviation of a Chinese name, more than 10 Chinese characters; (ii) in the case of an English name or an abbreviation of an English name, more than 10 English words; (d) is obscene or offensive; or (e) includes anything the publication of which is likely to amount to the commission of an offence. (2) (a) For the purposes of subsection (1)(c)(i)- (i) an English word; (ii) a letter of the English alphabet that does not, in the name concerned, form part of an English word; (iii) a numeral; or (iv) a symbol, if any, comprised in a Chinese name is counted as one Chinese character. (b) For the purposes of subsection (1)(c)(ii)- (i) a letter of the English alphabet that does not, in the name concerned, form part of an English word; (ii) a Chinese character; (iii) a numeral; or (iv) a symbol, if any, comprised in an English name is counted as one English word. (3) The Commission may refuse to grant an application made by an organization under section 4 or by a natural person under section 5 for the registration of an emblem if, in its opinion, the emblem- (a) is identical to the emblem of another organization or natural person- (i) (A) which is registered; and (B) in respect of which that other organization or natural person has, during the relevant period in which the application is made, made an application under section 17 that the Commission intends to grant; or (ii) in respect of which that other organization or natural person has, during the relevant period in which the application is made, made an application- (A) under section 4 or 5; or (B) under section 15 for registration in the next Register in place of an emblem registered in relation to that other organization or natural person, that the Commission, after having considered the history of the applicant and that other organization or natural person in using the emblem concerned, intends to grant; (b) so nearly resembles the emblem of another organization or natural person- (i) (A) which is registered; and (B) in respect of which that other organization or natural person has, during the relevant period in which the application is made, made an application under section 17 that the Commission intends to grant; or (ii) in respect of which that other organization or natural person has, during the relevant period in which the application is made, made an application--- (A) under section 4 or 5; or (B) under section 15 for registration in the next Register in place of an emblem registered in relation to that other organization or natural person, that the Commission, after having considered the history of the applicant and that other organization or natural person in using the emblem concerned, intends to grant, that it is likely to be confused with or mistaken for the emblem of that other organization or natural person; (c) comprises anything that- (i) is likely to be confused with or mistaken for any design used or to be used by the Commission on a ballot paper as part of the voting instructions; or (ii) is likely to induce an elector to believe that the applicant is connected in any way with- (A) the Central People's Government of the People's Republic of China; (B) the Government; (C) any public body; (D) any country; or (E) any authority outside Hong Kong; (d) is or contains a photograph of any natural person; (e) is obscene or offensive; or (f) is of such character that publication of the emblem is likely to amount to the commission of an offence. (4) The Commission may refuse to grant an application made by a natural person under section 5 if the Commission believes that- (a) the natural person is not eligible under section 37 of the Legislative Council Ordinance (Cap 542) to be nominated as a candidate at an election for a geographical constituency or a functional constituency, or for election by the Election Committee; or (b) the natural person is disqualified under section 39 of the Legislative Council Ordinance (Cap 542) from being so nominated. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 8 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 8 Variation of application, etc. VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) If, after initial consideration of an application made under section 4, 5, 15 or 17, the Commission is of the opinion that it may refuse to grant the application, the Commission must give the applicant a written notice that it is of that opinion, setting out the provision under which it may refuse to grant the application and the terms of subsection (2) or (3), as the case may be. (2) (a) If a notice has been given under subsection (1) in relation to an application made under section 4, 5 or 15- (i) the applicant may lodge with the Commission, within 14 days after the date of the notice, a written reply, signed by the applicant, containing- (A) a statement of reasons why the applicant considers that the Commission should not refuse to grant the application; or (B) a request to vary the application in the manner set out in the request ("request to vary"); (ii) the Commission must not give any further notice in relation to the application under subsection (1), whether or not a reply under subparagraph (i) has been lodged in response to the notice. (b) If, within 14 days after the date of the notice given under subsection (1)- (i) a reply under paragraph (a)(i), containing a statement of reasons under sub-subparagraph (A) thereof, is lodged, the Commission must proceed to consider the application in the light of the statement; (ii) a reply under paragraph (a)(i), containing a request to vary, is lodged, the Commission must proceed to consider the application as varied in the request as if the application as so varied were made, and had reached the Chief Electoral Officer, under section 4, 5 or 15, as the case may be; (iii) no reply under paragraph (a)(i) is lodged, the Commission must proceed to consider the application as originally made. (3) (a) If a notice has been given under subsection (1) in relation to an application made under section 17 ("initial application")- (i) the applicant may lodge with the Commission, within 14 days after the date of the notice, a written reply, signed by the applicant, containing- (A) a statement of reasons why the applicant considers that the Commission should not refuse to grant the initial application; or (B) notwithstanding section 15(2)(a) and (e), an application under section 15 for the particulars registered in respect of the name, abbreviation of name or emblem, the subject of the initial application, to be amended in the next Register ("subsequent application"); (ii) the Commission must not, under subsection (1), give any further notice in relation to the initial application, whether or not a reply under subparagraph (i) has been lodged in response to the notice. (b) If, within 14 days after the date of the notice given under subsection (1)- (i) a reply under paragraph (a)(i), containing a statement of reasons under sub-subparagraph (A) thereof, is lodged, the Commission must proceed to consider the initial application in the light of the statement; (ii) a reply under paragraph (a)(i), containing a subsequent application, is lodged- (A) the Commission must proceed to consider the subsequent application as if it had complied with section 15(2)(a) and (e), except that, notwithstanding subsection (1), the Commission must not give the applicant any notice under that subsection in relation to the subsequent application; and (B) the initial application is deemed to have been withdrawn by the applicant; (iii) no reply under paragraph (a)(i) is lodged, the Commission must proceed to consider the initial application as originally made. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 9 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 9 Compilation of Provisional Register and publication of notice VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART III DECISION ON APPLICATION AND COMPILATION OF REGISTER (1) As soon as practicable after the expiry of a relevant period- (a) the Chief Electoral Officer must compile in accordance with subsections (2) and (3) a Provisional Register of Names of Organizations and Emblems for Ballot Papers (Legislative Council Election) in respect of- (i) all the applications made under section 4, 5 or 15 during the relevant period that the Commission, having regard to any reply lodged under section 8(2)(a)(i) where applicable, intends to grant; and (ii) all the applications made under section 17 during the relevant period that the Commission, having regard to any reply lodged under section 8(3)(a)(i) that contains a statement of reasons under sub-subparagraph (A) thereof where applicable, intends to grant; and (b) the Commission must publish in one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong a notice of that Provisional Register complying with subsection (6). (2) The Chief Electoral Officer must, in relation to an application, enter in the Provisional Register the following particulars- (a) the name and address of the applicant; (b) (i) in case the application is made under section 4, the name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration; (ii) in case the application is made under section 5, the emblem of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration; (iii) in case the application is made under section 15 (including one that is contained in a reply lodged under section 8(3)(a)(i)), the name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration in the next Register in place of the corresponding one registered in relation to the applicant; (iv) in case the application is made under section 17, the registered name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application for registration. (3) The Provisional Register is to be maintained by the Chief Electoral Officer in such form as he thinks fit for the purposes of this Regulation. (4) For the avoidance of doubt- (a) the entry of a name, an abbreviation of name or an emblem in a Provisional Register under subsection (2)(b) is for the sole purpose of enabling objection to be lodged under subsections (6) and (7), and does not authorize the name, the abbreviation or the emblem, or does not represent that the name, the abbreviation or the emblem will be authorized, to be printed on a ballot paper in accordance with Part V or to be put to any other use; and (b) where the Chief Electoral Officer is required to enter an emblem in a Provisional Register under subsection (2)(b), he is treated to have done so for all purposes if he has entered in the Provisional Register an emblem that is as nearly as practicable a faithful reproduction of the emblem to be entered. (5) A Provisional Register- (a) must be open for public inspection, free of charge, during ordinary business hours at the Registration and Electoral Office for a period of 14 days commencing on the date next following the date on which a notice of that Provisional Register is published under subsection (1)(b); and (b) is to have effect, for the purpose under subsection (4)(a), only within that period of 14 days. (6) A notice under subsection (1) must- (a) contain a copy of the Provisional Register concerned; and (b) invite any person ("objector") who believes that any application the particulars of which are entered in the Provisional Register, should not be granted on the grounds that- (i) the name or the abbreviation of name, the subject of the application, is- (A) identical to the name or an abbreviation of the name of the objector; (B) so nearly resembles the name or an abbreviation of the name of the objector that it is likely to be confused with or mistaken for that latter name or abbreviation; or (C) obscene or offensive; or (ii) the emblem, the subject of the application, as entered in the Provisional Register is- (A) identical or similar to a trade mark registered under the Trade Marks Ordinance (Cap 43) by the objector as the proprietor; (B) identical or similar to an emblem in which the objector has a proprietary interest; or (C) obscene or offensive, to object to the granting of that application in accordance with subsection (7). (7) An objector may, in response to a notice published under subsection (1), object to the granting of an application by lodging with the Commission, within 14 days after the date of publication of the notice, an objection in the specified form, containing- (a) a statement of the grounds upon which he makes his objection; and (b) a statutory declaration in support of his objection, setting out particulars of evidence and exhibiting such evidence or a copy thereof. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 10 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 10 Hearing of objection VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) Upon receipt of an objection under section 9(7), the Commission- (a) must, as soon as practicable thereafter, send to the applicant concerned a copy of it; and (b) may request the objector to furnish the Commission, within 7 days, or within such longer period as the Commission may in a particular case allow, after the request is made, with such further particulars relating to his objection (exhibiting the relevant evidence or a copy thereof) as the Commission thinks relevant. (2) The Commission must, upon receipt of any further particulars (together with the exhibits) under subsection (1)(b), send to the applicant concerned a copy thereof. (3) If the objector fails to comply with a request under subsection (1)(b), he is, unless the Commission otherwise directs, deemed to have abandoned his objection. (4) If the Commission is satisfied that no further particulars or evidence are needed from the objector, it must, as soon as practicable thereafter, send to the applicant concerned and the objector a written notice of the date and time that the Commission will hear their argument in the case. (5) Unless the applicant concerned and the objector consent to a shorter notice, the date for hearing argument referred to in subsection (4) must be at least 7 days after the date of the notice under that subsection. (6) If the applicant concerned or the objector fails to appear at a hearing on the date and at the time notified by the Commission under subsection (4), the Commission or the member thereof who conducts the hearing, as the case may be, may- (a) if satisfied that the failure to appear is due to reasonable cause, adjourn the hearing of argument to a date and time that it thinks fit; or (b) proceed to hear argument from the party appearing before it and make a decision without hearing argument from the party who fails to appear. (7) (a) A hearing under this section must be- (i) open to the public; and (ii) conducted by the Commission or any member of the Commission. (b) At the hearing, the applicant concerned or the objector- (i) may appear in person and make representations regarding his case; and (ii) whether or not he appears in person, may be represented by solicitor or counsel who may make representations on his behalf. (8) If a hearing under this section is conducted by one or 2 members of the Commission, such members must, as soon as practicable after the hearing, make a recommendation to the Commission as to whether the objection concerned should be allowed or rejected. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 11 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 11 Commission to decide on application VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) As soon as practicable after the expiry of the period within which an objection may be lodged under section 9(7) with regard to the granting of any application made during a relevant period, the Commission must, in respect of each of the applications made under section 4, 5, 15 or 17 during that relevant period, make a decision as to whether or not the application should be granted. (2) The Commission must not, under subsection (1), grant an application made during a relevant period if the particulars of that application have not been entered in the Provisional Register compiled in respect of all the applications made under section 4, 5, 15 or 17 during that relevant period. (3) If an objection is lodged under section 9(7) in relation to an application, the Commission must have regard to the following when making a decision on the application under subsection (1)- (a) the objection; (b) where applicable, any further particulars (together with the exhibits) furnished to the Commission in compliance with any request under section 10(1)(b); and (c) (i) if a hearing under section 10 is conducted by the Commission, the case of the applicant concerned and the objector presented at the hearing; or (ii) if a hearing under section 10 is conducted by one or 2 members of the Commission, the recommendation of such members made under section 10(8). (4) The decision of the Commission under subsection (1) is final and not subject to any appeal. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 12 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 12 Compilation of Register and publication of notice VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) At least 14 days before the commencement of the nomination period, other than one in relation to nominations for a by-election, that immediately follows a relevant period- (a) the Chief Electoral Officer must compile in accordance with subsections (2) and (3) a Register of Names of Organizations and Emblems for Ballot Papers (Legislative Council Election) in respect of all the applications made under section 4, 5, 15 or 17 during the relevant period that the Commission has granted; (b) the Commission must publish in one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong a notice of that Register containing a copy of the Register; and (c) the Commission must, in respect of each of the applications made under section 4, 5, 15 or 17 during the relevant period, give- (i) the applicant a written notice of the Commission's decision and, if the applicant is one whose application has not been granted, the reasons for not granting the application; and (ii) every objector who has lodged an objection under section 9(7) a written notice of the Commission's decision on the objection and, if the objector is one whose objection is rejected, the reasons for its so rejecting. (2) The Chief Electoral Officer must, in relation to an application, enter in the Register the following particulars- (a) the name and address of the applicant; (b) (i) in case the application is made under section 4, the name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration; (ii) in case the application is made under section 5, the emblem of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration; (iii) in case the application is made under section 15 (including one that is contained in a reply lodged under section 8(3)(a)(i)), the name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application or, if the application has been varied under section 8(2), in the application so varied, for registration in that Register in place of the corresponding one registered in relation to the applicant; (iv) in case the application is made under section 17, the registered name, abbreviation of name or emblem, as the case may be, of the applicant set out in the application for registration; and (c) in case the applicant is an organization- (i) the name of each of the recognized agents of the applicant; or (ii) if the applicant does not have any recognized agent, the name of each of the agents of the applicant set out in the notice of initial appointment under section 6(1)(b) by the applicant that has reached the Chief Electoral Officer on or before the date that is at least 16 days before the date by which the Register must be compiled, as, where applicable, may be varied in any notice of variation of appointment under section 6(4)(b) by the applicant that has so reached the Chief Electoral Officer. (3) The Register is to be maintained by the Chief Electoral Officer in such form as he thinks fit for the purposes of this Regulation. (4) For the avoidance of doubt- (a) the entry of a name, an abbreviation of name or an emblem in a Register under subsection (2)(b) is for the sole purpose of authorizing it to be printed on a ballot paper in accordance with Part V; and (b) where the Chief Electoral Officer is required to enter an emblem in a Register under subsection (2)(b), he is treated to have done so for all purposes if he has entered in the Register an emblem that is as nearly as practicable a faithful reproduction of the emblem to be entered. (5) A Register- (a) must be open for public inspection, free of charge, during ordinary business hours at the Registration and Electoral Office for the period- (i) commencing on the date next following the date on which a notice of that Register is published under subsection (1)(b); and (ii) ending on the date on which a notice of another Register is next published under that provision; and (b) is to have effect, for the purpose under subsection (4)(a), only within the period under paragraph (a). ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 13 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 13 Chief Electoral Officer to supply Returning Officer with copy of Register VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) The Chief Electoral Officer must, at least 7 days before the commencement of a nomination period, supply to the Returning Officer concerned a copy of the existing Register. (2) A copy under subsection (1) may contain any additional particulars or information the Chief Electoral Officer thinks fit to include. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 14 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 14 Particulars in Register relating to agent VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART IV AMENDMENT TO PARTICULARS IN EXISTING REGISTER AND REGISTRATION OF SUCH PARTICULARS IN NEXT REGISTER (1) If- (a) a name, an abbreviation of name or an emblem is registered in relation to an organization; and (b) that organization does not have any recognized agent because no notice of initial appointment under section 6(1)(b) by the organization has reached the Chief Electoral Officer on or before the date required in section 12(2)(c)(ii), the Chief Electoral Officer must, in relation to a notice of initial appointment under section 6(1)(b) by the organization that reaches the Chief Electoral Officer after that date, enter in accordance with subsection (2) or (3), as the case may be, the name of each of the agents set out in the notice in the existing Register. (2) (a) If the notice of initial appointment reaches the Chief Electoral Officer during a no-action period, the Chief Electoral Officer must enter in the existing Register the name of each of the agents set out in the notice as soon as practicable after the end of that no-action period. (b) If, in relation to the appointment contained in that notice of initial appointment, a notice of variation of appointment under section 6(4)(b) reaches the Chief Electoral Officer during the no-action period in which that notice of initial appointment has reached the Chief Electoral Officer, the Chief Electoral Officer must enter in the existing Register the name of each of the agents set out in the notice of initial appointment, as varied in the notice of variation of appointment, as soon as practicable after the end of that no-action period. (3) If the notice of initial appointment reaches the Chief Electoral Officer at any time outside a no-action period, the Chief Electoral Officer must enter in the existing Register the name of each of the agents set out in the notice as soon as practicable after the notice has reached him. (4) An organization may, at any time, apply to the Commission for the amendment of the particulars entered in relation to the organization- (a) in the existing Register; and (b) under subsection (1) or section 12(2)(c)(ii), by lodging with the Chief Electoral Officer a notice of variation of appointment provided under section 6(4)(b) in relation to the relevant appointment. (5) In relation to an application under subsection (4), the Chief Electoral Officer must cause the particulars in the existing Register to be amended accordingly- (a) in case the application reaches the Chief Electoral Officer during a no-action period, as soon as practicable after the end of that no-action period; (b) in case the application reaches the Chief Electoral Officer at any time outside a no-action period, as soon as practicable after the application has reached the Chief Electoral Officer. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 15 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 15 Amendment to registered particulars VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) An organization or a natural person may apply to the Commission for the particulars registered in relation to the organization or natural person to be amended in the next Register. (2) An application under subsection (1)- (a) may be made only during a relevant period; (b) must be made in the specified form and signed by the applicant; (c) must set out- (i) the name and address of the applicant; (ii) (A) the Chinese name; (B) one abbreviation of the Chinese name; (C) the English name; (D) one abbreviation of the English name; or (E) one emblem, of the applicant, for registration in the next Register in place of the corresponding one registered in relation to the applicant; and (iii) any other information reasonably required by the Commission for the purpose of the application; (d) in the case of an application by an organization for the amendment of the registered particulars in respect of a name or an abbreviation of name, must be accompanied by a relevant certificate in respect of the applicant; and (e) must reach the Chief Electoral Officer during the relevant period. (3) An organization may, during a relevant period, make only one application under subsection (1) for the amendment of the registered particulars in respect of each of the following- (a) a Chinese name; (b) an abbreviation of Chinese name; (c) an English name; (d) an abbreviation of English name; (e) an emblem. (4) A natural person may, during a relevant period, make only one application under subsection (1). (5) An organization or a natural person must not, during a relevant period, apply under subsection (1) for the amendment of any registered particulars in respect of a name, an abbreviation of name or an emblem if it has, during that relevant period, applied under section 17 for the registration in the next Register of that name, abbreviation of name or emblem. (6) If, pursuant to subsection (3), an organization makes more than one application under subsection (1) during a relevant period, all such applications may be made at the same time in one specified form, with such modifications to the requirements under subsection (2), as the Commission may allow. (7) Section 7 applies to an application under this section as if- (a) a reference in that section to an application under section 4 or 5 were a reference to an application under this section; and (b) a reference- (i) in subsection (1) of that section to a name or abbreviation of name, the subject of an application under section 4; or (ii) in subsection (3) of that section to an emblem, the subject of an application under section 4 or 5, were a reference to the name, the abbreviation of name or the emblem, as the case may be, the subject of an application under this section for registration in the next Register in place of the corresponding one registered in relation to the applicant. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 16 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 16 Amendment to other particulars in Register VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) An organization or a natural person may apply to the Commission for the amendment of the particulars entered in relation to the organization or natural person- (a) in the existing Register; and (b) under section 12(2)(a). (2) An application under subsection (1)- (a) may be made at any time; (b) must be made in the form of a written request to the Commission and signed by the applicant; (c) must be accompanied by documentary evidence in support of the application, if so required by the Commission; and (d) must reach the Chief Electoral Officer as soon as practicable. (3) In relation to an application under subsection (1), the Commission must, unless satisfied that the amendment being applied for should not be made, cause the particulars in the existing Register to be amended accordingly- (a) in case the application reaches the Chief Electoral Officer during a no-action period, as soon as practicable after the end of that no-action period; (b) in case the application reaches the Chief Electoral Officer at any time outside a no-action period, as soon as practicable after the application has reached the Chief Electoral Officer. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 17 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 17 Registration of registered particulars in next Register VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) An organization or a natural person may apply to the Commission for the registration in the next Register of its registered name, the registered abbreviation of its name or its registered emblem. (2) An application under subsection (1)- (a) may be made only during a relevant period; (b) must be made in the specified form and signed by the applicant; (c) must set out- (i) the name and address of the applicant; (ii) (A) the registered Chinese name; (B) the registered abbreviation of the Chinese name; (C) the registered English name; (D) the registered abbreviation of the English name; or (E) the registered emblem, of the applicant for registration; and (iii) any other information reasonably required by the Commission for the purpose of the application; and (d) must reach the Chief Electoral Officer during the relevant period. (3) An organization or a natural person must not, during a relevant period, apply under subsection (1) for the registration in the next Register of its registered name, the registered abbreviation of its name or its registered emblem if it has, during that relevant period, applied under section 15 for the amendment of the registered particulars in respect of that name, abbreviation of name or emblem, as the case may be. (4) If, during a relevant period, an organization makes more than one application under subsection (1), all such applications may be made at the same time in one specified form, with such modifications to the requirements under subsection (2), as the Commission may allow. (5) Section 7 (other than paragraphs (a), (b) and (c) of subsection (1), subsection (2) and paragraphs (a), (b) and (d) of subsection (3) thereof) applies to an application under this section as if- (a) a reference in that section to an application under section 4 or 5 were a reference to an application under this section; and (b) a reference- (i) in subsection (1) of that section to a name or abbreviation of name, the subject of an application under section 4; or (ii) in subsection (3) of that section to an emblem, the subject of an application under section 4 or 5, were a reference to the name, the abbreviation of name or the emblem, as the case may be, the subject of an application under this section for registration in the next Register. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 18 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 18 Request relating to registered name, emblem, etc. of organization VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART V PRINTING OF REGISTERED NAME, EMBLEM ETC. ON BALLOT PAPER (1) If- (a) the sole candidate on a nomination list or list of candidates; (b) a candidate for a functional constituency; (c) a candidate for election by the Election Committee; or (d) all the candidates on a nomination list or list of candidates, wishes or wish to have the registered name, the registered abbreviation of the name or the registered emblem of an organization printed on a ballot paper in which his or her name or their names will appear as candidate or candidates, the candidate or candidates must, during the relevant nomination period, submit a request to the Returning Officer concerned who must, as soon as practicable thereafter, deliver the request to the Chief Electoral Officer for arranging the registered name, the registered abbreviation of name or the registered emblem, as the case may be, to be printed on the ballot paper concerned in accordance with the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap 541 sub. leg.). (2) A request under subsection (1) must- (a) be made in the specified form and signed by- (i) the candidate under subsection (1)(a), (b) or (c) submitting the request; or (ii) all the candidates under subsection (1)(d) submitting the request; (b) set out- (i) the name of the candidate or candidates submitting the request; (ii) a statement requesting that any or all of the following is to be printed on the ballot paper concerned- (A) the registered Chinese name or the registered abbreviation of the Chinese name of the organization concerned (but not both); (B) the registered English name or the registered abbreviation of the English name of the organization concerned (but not both); (C) the registered emblem of the organization concerned; and (iii) any other information reasonably required by the Commission for the purpose of the request; and (c) be accompanied by a consent of the organization concerned in relation to the request. (3) A consent by an organization under subsection (2)(c)- (a) must be given, during the relevant nomination period, in a certificate in the specified form and signed by a recognized agent of the organization; (b) must set out- (i) the name of the candidate or candidates concerned; and (ii) a statement consenting that any or all of the following is to be printed on the ballot paper concerned- (A) its registered Chinese name or the registered abbreviation of its Chinese name (but not both); (B) its registered English name or the registered abbreviation of its English name (but not both); (C) its registered emblem; and (c) may be withdrawn by the organization by sending a written notification of such withdrawal, in the specified form and signed by a recognized agent of the organization, to reach the Returning Officer concerned during the relevant nomination period. (4) A request submitted under subsection (1) may be withdrawn at any time during the relevant nomination period by- (a) in case the request is made by a candidate referred to in subsection (1)(a), (b) or (c), the candidate concerned; (b) in case the request is made by the candidates referred to in subsection (1)(d), all the candidates concerned, who must give the Returning Officer concerned a written notice signed by the candidate or candidates concerned of the withdrawal. (5) If a request has been submitted under subsection (1) and the consent of the organization concerned in relation thereto has been withdrawn, that request is deemed to have been withdrawn by the candidate or candidates concerned. (6) If a candidate has, during a nomination period, submitted a request under subsection (1) as a candidate referred to in paragraph (a), (b) or (c) of that subsection or as one of the candidates referred to in paragraph (d) of that subsection, and that request has not been withdrawn or is not deemed to have been withdrawn under subsection (4) or (5), he must not, during that nomination period, submit another request- (a) under subsection (1) as a candidate referred to in paragraph (a), (b) or (c) of that subsection or as one of the candidates referred to in paragraph (d) of that subsection; or (b) under section 19(1). ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 19 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 19 Request relating to registered emblem of natural person, etc. VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) If a candidate wishes to have any or both of- (a) his registered emblem; (b) the English words "Independent Candidate" and the Chinese characters "獨立候選人", printed on a ballot paper in which his name will appear as a candidate, he must, during the relevant nomination period, submit a request to the Returning Officer concerned who must, as soon as practicable thereafter, deliver the request to the Chief Electoral Officer for arranging the registered emblem, or the words and characters, or both, as the case may be, to be printed on the ballot paper concerned in accordance with the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap 541 sub. leg.). (2) A request under subsection (1) must- (a) be made in the specified form and signed by the candidate submitting the request; (b) set out- (i) the name of the candidate submitting the request; (ii) a statement requesting that one or both of the following is to be printed on the ballot paper concerned- (A) the candidate's registered emblem; (B) the English words "Independent Candidate" and the Chinese characters "獨立候選人"; and (iii) any other information reasonably required by the Commission for the purpose of the request. (3) A request submitted under subsection (1) may be withdrawn at any time during the relevant nomination period by the candidate concerned who must give the Returning Officer concerned a written notice signed by him of the withdrawal. (4) If a candidate has, during a nomination period, submitted a request under subsection (1), and that request has not been withdrawn under subsection (3), he must not, during that nomination period, submit another request- (a) under subsection (1); or (b) under section 18(1) as a candidate referred to in paragraph (a), (b) or (c) of that section or as one of the candidates referred to in paragraph (d) of that section. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 20 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 20 Size and position for printing VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) If a registered name or a registered abbreviation of name is to be printed on a ballot paper pursuant to a request submitted under this Part, its size and its position as printed on the ballot paper will be decided by the Commission in its absolute discretion. (2) If a registered emblem is to be printed on a ballot paper pursuant to a request submitted under this Part- (a) its size as printed on the ballot paper must not exceed 2 centimetres square; (b) its position as printed on the ballot paper will be decided by the Commission in its absolute discretion. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 21 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 21 Offence VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. PART VI MISCELLANEOUS Any person who in any- (a) application made under section 4; (b) application made under section 5; (c) notice of initial appointment given under section 6(1)(b); (d) notice of variation of appointment given under section 6(4)(b); (e) reply lodged under section 8(2)(a)(i) or (3)(a)(i); (f) objection lodged under section 9(7); (g) particulars referred to in section 10(1)(b); (h) application made under section 15; (i) application made undersection 16; (j) application made under section 17; (k) request submitted under section 18; or (l) request submitted under section 19, makes any statement which the person knows to be false in a material particular or recklessly makes any statement which is incorrect in a material particular or knowingly omits any material particular from such application, notice, reply, objection, particulars or request commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 22 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 22 Signature of documents and appearance at hearing by organizations VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) Subject to subsection (2), if a document is required to be signed under this Regulation- (a) by an organization that is a partnership, it must be signed on behalf of the organization by- (i) all of its partners; or (ii) (A) any of its partners; or (B) any other person, who satisfies the Commission that he is authorized to sign the document on behalf of the organization; (b) by an organization that is a company formed and registered under the Companies Ordinance (Cap 32), it must be signed on behalf of the organization by- (i) a director of the company; or (ii) any other person who satisfies the Commission that he is authorized to sign the document on behalf of the organization; (c) by an organization that is an unincorporated body or association of persons other than a partnership, it must be signed on behalf of the organization by any person who satisfies the Commission that he is authorized to sign the document on behalf of the organization. (2) Subsection (1) does not apply to a certificate referred to in section 18(3)(a) or a notification referred to in section 18(3)(c). (3) If, at a hearing under section 10, an organization is to appear in person, only the following person may appear on behalf of the organization at the hearing- (a) in case the organization is a partnership- (i) all of its partners; or (ii) (A) any of its partners; or (B) any other person, who satisfies the Commission or the member thereof conducting the hearing, as the case may be, by producing the relevant authorization, that he is authorized in writing to appear at the hearing on behalf of the organization; (b) in case the organization is a company formed and registered under the Companies Ordinance (Cap 32)- (i) a director of the company; or (ii) any other person who satisfies the Commission or the member thereof conducting the hearing, as the case may be, by producing the relevant authorization, that he is authorized in writing to appear at the hearing on behalf of the organization; (c) in case the organization is an unincorporated body or association of persons other than a partnership, any person who satisfies the Commission or the member thereof conducting the hearing, as the case may be, by producing the relevant authorization, that he is authorized in writing to appear at the hearing on behalf of the organization. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 23 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 23 Commission to specify forms VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. (1) The Commission may specify forms for the purposes of this Regulation. (2) The Chief Electoral Officer is to make the specified forms available during ordinary business hours at the Registration and Electoral Office. (3) The Chief Electoral Officer may in addition make the specified forms available at any other place he considers appropriate. (4) Specified forms are to be made available free of charge. ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 24 (Repealed L.N. 24 of 2000) VerDate:21/01/2000 ELECTORAL AFFAIRS COMMISSION (PRINTING OF NAME OF ORGANIZATION AND EMBLEM ON BALLOT PAPER) (LEGISLATIVE COUNCIL) REGULATION - SECT 24 Certified copy of certificate, etc. VerDate: This Regulation had not come into operation before it was repealed by L.N. 24 of 2000. If an organization or a natural person is required under section 4(2)(e), 15(2)(d) or 16(2)(c) to furnish any certificate or document, it may furnish a copy of such certificate or document that is certified to be a true copy of the original by a solicitor or the person who issued the original certificate or document.