Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 1

Interpretation

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

PART 1

PRELIMINARY

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

"authorized representative" (獲授權代表) has the meaning assigned to it
by section 11(1) of the Schedule to the Chief Executive Election Ordinance (
Cap 569);

"ballot paper account" (選票結算表) means a statement prepared under
section 62;

"candidate" (候選人) means, subject to subsection (2), in relation to a
particular subsector, a person who is a validly nominated candidate for that
subsector;

"central counting station" (中央點票站) means a counting station
designated under section 28(9) for the counting of the votes cast at all the
polling  stations used for polling for more than one subsector election;
"Chief Returning Officer (Subsectors)" (總選舉主任(界別分組)) means
the Returning  Officer designated as the Chief Returning Officer (Subsectors)
under section 96;

"computer" (電腦), in relation to the counting of votes, includes any
computer software that is programmed to count the votes cast at a
subsector election so as to give an accurate result;

"counting agent" (監察點票代理人) means a person appointed as a
counting agent under section 64;

"counting officer" (點票人員) means, in relation to a counting station, a
person appointed under section 65 as a counting officer for that counting 
station;

"counting station" (點票站) means a place designated under section 28(1)
for the counting of votes;

"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
subsector;

"designated body" (指定團體) means a designated body within the meaning of
Part 3 of the Schedule to the Chief Executive Election Ordinance ( Cap 569);

"EC member" (選委會委員) means a member of the Election Committee;

"election advertisement" (選舉廣告) has the meaning assigned to it by
section  2 (1) of the Elections (Corrupt and Illegal Conduct) Ordinance (
Cap 554), but the reference to an election in that meaning is to be construed
as the election referred to in section 4(d) or (da) of that Ordinance;

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

"election expense agent" (選舉開支代理人) has the meaning assigned to
it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (
Cap  554);

"election expenses" (選舉開支) has the meaning assigned to it by
section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (
Cap 554), but the reference to an election in that meaning is to be construed
as the election referred to in section 4(d) or (da) of that Ordinance;

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

"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) means-

   (a)  an identity card;

   (b)  a document issued to a person under regulations in force under the
        Registration of Persons Ordinance ( Cap 177) certifying that the
        person is exempt from being required to register under that Ordinance;
        or

   (c)  any other document issued to a person that is acceptable as proof of
        the person's identity to the Electoral Registration Officer (as
        defined in section 1(1) of the Schedule to the
        Chief Executive Election  Ordinance ( Cap 569));

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

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

"nomination period" (提名期) means the period specified under
section 4(3)(b);

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

"notice appointing the subsector ordinary election day"
(指定界別分組一般選舉日公告) means a notice by which a date is
specified by the Chief Executive under section 16 of the Schedule to the
Chief Executive Election Ordinance ( Cap  569) to hold a
subsector ordinary election;

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

   (a)  between 9 a.m. and 12 noon on a Saturday that is not a general
        holiday; and

   (b)  between 9 a.m. and 5 p.m. on any other day that is not a general
        holiday;

"political body" (政治性團體) has the meaning assigned to it by
section 2(1) of the Societies Ordinance ( Cap 151);

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

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

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

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

"polling station" (投票站) means a place designated under section 28(1) for
conducting a poll;

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

"religious subsector nomination form" (宗教界界別分組提名表格)
means the specified  form submitted under section 7 setting out the nominees
to represent the religious subsector on the Election Committee;

"Returning Officer" (選舉主任) means a person holding office as a
Returning  Officer under section 47 of the Schedule to the
Chief Executive Election  Ordinance ( Cap 569), and includes any person
appointed to act in place of such an Officer when the Officer is absent or
when an office of Returning  Officer is vacant;

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

"specified address" (指明地點) means, in relation to-

   (a)  nominations or supplementary nominations for the religious subsector
        under section 7 of the Schedule to the Chief Executive Election 
        Ordinance ( Cap 569), the address specified under section 3(3)(c) as
        the address at which religious subsector nomination forms are to be
        submitted; and

   (b)  nominations for a subsector election, the address specified under
        section 4(3)(c) as the address at which the subsector nomination 
        forms are to be submitted;

"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 97 for
that purpose;

"spoilt ballot paper" (損壞的選票) means a spoilt ballot paper within the
meaning of section 60;

"sub-subsector" (小組) means a sub-subsector referred to in section 2(9)(a)
of the Schedule to the Chief Executive Election Ordinance ( Cap 569);

"sub-subsector by-election" (小組補選) means an election to elect an
EC member assigned to a sub-subsector who, under section 2(7)(b) and (9) of
the Schedule to the Chief Executive Election Ordinance ( Cap 569), is to be
elected by the sub-subsector, otherwise than at a sub-subsector ordinary 
election;

"sub-subsector ordinary election" (小組一般選舉) means an election to
elect those EC members assigned to a sub-subsector who, under section 2(7)(b)
and (9) of the Schedule to the Chief Executive Election Ordinance ( Cap  569),
are to be elected by the sub-subsector, for a new term of office of the
Election Committee;

"subsector" (界別分組) has, subject to subsection (3), the meaning
assigned to it by section 1 of the Schedule to the
Chief Executive Election Ordinance ( Cap 569);

"subsector by-election" (界別分組補選) means an election to elect an
EC member assigned to a subsector who, under section 2(7)(b) of the Schedule
to the Chief Executive Election Ordinance ( Cap 569), is to be elected by the
subsector, otherwise than at a subsector ordinary election;

"subsector election" (界別分組選舉) means a subsector ordinary election
or a subsector by-election;

"subsector election notice" (界別分組選舉公告) means a notice
published under section 4(1) or (2);

"subsector final register" (界別分組正式投票人登記冊) means a
final register of voters for subsectors compiled under the Electoral Affairs
Commission (Registration) (Electors for Legislative Council Functional
Constituencies) (Voters for Election Committee Subsectors) (Members of
Election Committee) Regulation ( Cap 541 sub. leg. B) and which is in effect;

"subsector nomination form" (界別分組提名表格) means the
specified form submitted under section 8 to nominate a person as a candidate
for a subsector  election;

"subsector ordinary election" (界別分組一般選舉) means an election to
elect those EC members assigned to a subsector who, under section 2(7)(b) of
the Schedule to the Chief Executive Election Ordinance ( Cap 569), are to be
elected by the subsector, for a new term of office of the Election Committee;

"tendered ballot paper" (重複的選票) means a tendered ballot paper within
the meaning of section 58;

"unused ballot paper" (未用的選票) means an unused ballot paper within
the meaning of section 59(2);

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

   (a)  subject to paragraph (b), a person whom the Returning Officer has
        decided under section 13 to be validly nominated;

   (b)  in case a declaration under section 23(2)(b) or (5)(b) of the Schedule
        to the Chief Executive Election Ordinance ( Cap 569) is made, a person
        who is stated to be validly nominated in the declaration;

"verification of the ballot paper account" (選票結算核實書) means the
statement prepared under section 73(2)(a)(iv) or (3)(c) or 74(4)(c);

"voter" (投票人) has the meaning assigned to it by section 11(1) of the
Schedule to the Chief Executive Election Ordinance ( Cap 569).

(2) In this Regulation-

        (a)	in Part 2 (except section 25), "candidate" (候選人) includes a 
person who is being or has been nominated to stand for election at a
subsector election; and

        (b)	in sections 25 and 100, "candidate" (候選人)-


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

        (ii)   also means a person who, at any time before close of
               nominations for a subsector election, has publicly declared an
               intention to stand as a candidate at the subsector election.

(3) In this Regulation-

        (a)	references to a "Returning Officer" are to be construed, in 
relation to a particular subsector, as the Returning Officer appointed for
that subsector;

   (b)  in respect of the sports, performing arts, culture and publication
        subsector-

        (i)	references to "subsector", "subsector ordinary election" and 


"subsector by-election" mean "sub-subsector", "sub-subsector ordinary
election" and " sub-subsector by-election" respectively and with any necessary
modifications; and

        (ii)	references to "subsector election" mean "sub-subsector 
ordinary election" and " sub-subsector by-election" with any necessary
modifications; and

   (c)  references to the counting of votes are to be construed as including,
        where appropriate, sorting, separation and counting of ballot papers.

(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 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 subsector for which the
candidate is standing for election or for which the agent is appointed, as the
case may require.

"authorized representative" (獲授權代表)

"ballot paper account" (選票結算表)

"candidate" (候選人)

"central counting station" (中央點票站) "Chief Returning Officer
(Subsectors)" (總選舉主任(界別分組))

"computer" (電腦)

"counting agent" (監察點票代理人)

"counting officer" (點票人員)

"counting station" (點票站)

"counting zone" (點票區)

"designated body" (指定團體)

"EC member" (選委會委員)

"election advertisement" (選舉廣告)

"election agent" (選舉代理人)

"election expense agent" (選舉開支代理人)

"election expenses" (選舉開支)

"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 period" (提名期)

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

"notice appointing the subsector ordinary election day"
(指定界別分組一般選舉日公告)

"ordinary business hours" (通常辦公時間)

"political body" (政治性團體)

"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)

"religious subsector nomination form" (宗教界界別分組提名表格)

"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)

"sub-subsector" (小組)

"sub-subsector by-election" (小組補選)

"sub-subsector ordinary election" (小組一般選舉)

"subsector" (界別分組)

"subsector by-election" (界別分組補選)

"subsector election" (界別分組選舉)

"subsector election notice" (界別分組選舉公告)

"subsector final register" (界別分組正式投票人登記冊)

"subsector nomination form" (界別分組提名表格)

"subsector ordinary election" (界別分組一般選舉)

"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)

"voter" (投票人)