Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (ELECTION COMMITTEE)) REGULATION - SECT 6

Procedure relating to applications by prospective candidates, prospective nominees or designated bodies

PART 3

PROCEDURE OF THE COMMITTEE AND MISCELLANEOUS PROVISIONS

(1) A prospective candidate for an ordinary election may apply in accordance
with subsection (4) for the advice of a Committee as to whether he or she is
eligible to be, or disqualified from being, nominated as a candidate-

   (a)  in the case of a subsector ordinary election, in respect of a
        particular subsector; or

   (b)  in the case of a sub-subsector ordinary election, in respect of a
        particular sub-subsector.

(2) A prospective nominee for nomination for the religious  subsector may
apply in accordance with subsection (4) for the advice of a Committee as to
whether he or she is eligible to be, or disqualified from being, a nominee.

(3) A designated body selecting a nominee for nomination for the 
religious subsector may apply in accordance with subsection (4) for the advice
of a Committee as to whether the person proposed to be nominated by that body
to be a member representing the religious subsector on the Election Committee
is eligible to be, or disqualified from being, a nominee.

(4) An application under subsection (1), (2) or (3)-

   (a)  must be in a form specified by the Commission; and

   (b)  must be-

        (i)    sent to the Chief Electoral Officer by post or facsimile
               transmission so as to be received by that Officer; or

        (ii)   served on the Chief Electoral Officer personally, on or before
               a date specified by the Commission by notice published in the
               Gazette.

(5) Subject to subsection (4)(b), an application under subsection

(1), (2) or (3) may be made on or after the date on which the period specified
in the notice under section 3(2) commences.

(6) A prospective candidate may-

   (a)  under subsection (1)(a), make only one application in respect of a
        particular subsector; and

   (b)  under subsection (1)(b), make only one application in respect of a
        particular sub-subsector.

(7) A prospective nominee may, under subsection (2), make only one application
in respect of his or her nomination for the religious  subsector.

(8) A designated body may, under subsection (3), make only one application in
respect of a particular person proposed to be nominated by that body to be a
member representing the religious subsector on the Election Committee.

(9) For the avoidance of doubt, it is declared that a prospective candidate
may-

   (a)  under subsection (1)(a), but subject to subsection (6)(a), apply for
        advice in respect of more than one subsector; and

   (b)  under subsection (1)(b), but subject to subsection (6)(b), apply for
        advice in respect of more than one sub-subsector.

(10) As soon as reasonably practicable after receiving an application under
subsection (4), the Chief Electoral Officer must refer it to a Committee
appointed in relation to the ordinary election or
nomination for the religious subsector, to which the application relates, for
its consideration.

(11) A Committee to which an application is referred under subsection (10)
must consider the application and advise the applicant as soon as reasonably
practicable but not later than the date specified under section 4(3), and
subject to subsections (12), (13) and (14), as to whether, in the opinion of
that Committee-

   (a)  in the case that the applicant is a prospective candidate, the
        applicant is eligible to be, or disqualified from being, nominated as
        a candidate in respect of the subsector or the sub-subsector, as the
        case may be;

   (b)  in the case that the applicant is a prospective nominee, the applicant
        is eligible to be, or disqualified from being, such a nominee; and

   (c)  in the case that the applicant is a designated body, the person
        proposed to be nominated by that body to be a member representing the
        religious subsector on the Election Committee is eligible to be, or
        disqualified from being, such a nominee.

(12) A Committee may, where it considers appropriate, before forming an
opinion for the purposes of subsection (11)-

   (a)  in the case that the applicant is a prospective candidate or
        prospective nominee-

        (i)    request the applicant to make available to that Committee,
               within such period as specified by that Committee in the
               particular case, information, particulars and evidence relating
               to his or her intended candidature or
               nomination for the religious subsector, as the case may be, as
               that Committee considers relevant to the forming of an opinion
               for the purposes of subsection (11)(a) or (b); and

        (ii)   request the applicant to present himself or herself before that
               Committee at a time and place specified by that Committee for
               the purpose of giving such assistance as that Committee
               considers necessary to enable it to form an opinion for the
               purposes of subsection (11)(a) or

   (b)  ; and

   (b)  in the case that the applicant is a designated body-

        (i)    request that designated body to make available to that
               Committee, within such period as specified by that Committee in
               the particular case, information, particulars and evidence
               relating to the intended nomination of the person proposed by
               that body as that Committee considers relevant to the forming
               of an opinion for the purposes of subsection (11)(c); and

        (ii)   request that designated body to present itself by a
               representative authorized by that body in writing for the
               purpose before that Committee at a time and place specified by
               that Committee for the purpose of giving such assistance as
               that Committee considers necessary to enable that Committee to
               form an opinion for the purposes of subsection

(11)(c).

(13) An applicant of whom a request is made under subsection

(12)(a)(ii) by a Committee may, at the time and place specified under that
subsection, make representations relating to his or her intended candidature
or nomination for the religious subsector, as the case may be, to that
Committee- (L.N. 251 of 2001)

   (a)  either in person; or

   (b)  through any person authorized by him or her in writing for the
        purpose.

(14) Without affecting the generality of the power of a Committee to give any
advice which is qualified, where an applicant does not make available any
information, particulars or evidence requested under subsection (12)(a)(i) or
(b)(i) or does not comply with a request under subsection (12)(a)(ii) or
(b)(ii), a Committee may-

   (a)  refuse to consider the application any further or to give any advice
        in relation thereto; or

   (b)  advise the applicant on the application and qualify such advice having
        regard to either or both of the following, as may be appropriate-

        (i)    the fact that any information, particulars or evidence, or
               where appropriate, all of them, were not available to it;

        (ii)   the failure of the applicant (being a prospective candidate or
               prospective nominee) to present himself or herself before that
               Committee or the failure of the applicant (being a
               designated body) to present itself by its representative before
               that Committee.

(15) Where a Committee refuses to consider an application or give advice under
subsection (14)(a), it must notify the applicant in writing not later than the
date specified under section 4(3).

(16) A Committee must not consider any application which is not received under
subsection (4) by the Chief Electoral Officer on or before the date specified
under that subsection. (L.N. 251 of 2001)

(17) An advice given under subsection (11) or (14)(b) must be in writing.

(18) Subject to this section, a Committee may determine its own procedure for
the purpose of advising an applicant under this section.