Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (NOMINATIONS ADVISORY COMMITTEES (ELECTION COMMITTEE)) REGULATION - SECT 7

Procedure relating to applications by Returning Officers

(1) A Returning Officer may, as regards an ordinary election or by-election in
relation to which a Committee is appointed, apply in accordance with
subsection (3) to that Committee for advice as to whether a particular
candidate who has submitted a nomination form to that Officer under any
relevant regulation made under the Ordinance-

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

   (b)  in the case of a sub-subsector ordinary election or
        sub-subsector by-election, in respect of a sub-subsector, is eligible
        to be, or disqualified from being, nominated as a candidate in respect
        of that subsector or that sub-subsector, as the case may be.

(2) A Returning Officer may, as regards a nomination for the 
religious subsector, or a supplementary nomination for the religious 
subsector, in relation to which a Committee is appointed, apply in accordance
with subsection (3) to that Committee for advice as to whether a particular
nominee whose name has been set out in a nomination form submitted to that
Officer by a designated body under any relevant regulation made under the
Ordinance is eligible to be, or disqualified from being, such a nominee.

(3) An application under subsection (1) or (2) must be in writing and made so
as to be received by the Chief Electoral Officer on or before a date specified
by the Commission by notice published in the Gazette.

(4) A Committee to which an application is made under subsection

(1) or (2) must consider the application and advise the Returning Officer
concerned as soon as reasonably practicable but before the expiry of the
period specified under section 4(4) as to whether, in the opinion of that
Committee-

   (a)  where the application relates to a particular candidate, that
        candidate concerned 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)  where the application relates to a particular nominee, that nominee
        concerned is eligible to be, or disqualified from being, such a
        nominee.

(5) In making a decision under the relevant regulations made under the
Ordinance as to whether-

   (a)  a particular candidate is validly nominated in respect of a subsector
        or a sub-subsector, as the case may be; or

   (b)  a particular nominee is validly nominated by a designated body to be a
        member representing the religious subsector on the Election Committee,
        the Returning Officer must have regard to any advice given under
        section 6 or 9 or subsection (4) as regards that candidate or nominee.

(6) In this section, references to Returning Officer are to be construed as-

   (a)  in the case of an ordinary election or by-election, references to the
        Returning Officer appointed for the subsector or the sub-subsector, as
        the case may be, in respect of which the candidate concerned has
        submitted a nomination form; and

   (b)  in the case of a nomination for the religious subsector or
        supplementary nomination for the religious subsector, references to
        the Returning Officer appointed for the
        nomination for the religious subsector or
        supplementary nomination for the religious subsector, as the case may
        be, in respect of which the designated body concerned has submitted a
        nomination form.

(7) An advice given under subsection (4) must be in writing.