Hong Kong Regulations

PARTICULARS RELATING TO CANDIDATES ON BALLOT PAPERS (LEGISLATIVE COUNCIL AND DISTRICT COUNCILS) REGULATION - SECT 12

Commission may refuse to grant application on certain grounds

(Past version on 06/02/2004).

Preliminary processing

(1) The Commission may refuse to grant an application made by a
prescribed body under section 8(1) for the registration of an abbreviation
of the Chinese name or the English name of the body ("the relevant
abbreviation") if, in the opinion of the Commission—

   (a)  the relevant abbreviation is identical to the name or abbreviation of
        the name of another prescribed body;

   (b)  the relevant abbreviation so closely resembles the name or
        abbreviation of the name of any other person that the relevant 
        abbreviation is likely to be confused with or mistaken for the name or
        abbreviation of the name of that other person;

   (c)  the relevant abbreviation comprises anything that is likely to be
        confused with or mistaken for any words or expressions used or to be
        used by the Commission on a ballot paper as part of the voting
        instructions;

   (d)  the relevant abbreviation comprises anything that is likely to induce
        an elector voting at an election to believe that the applicant is
        connected in any way with—

        (i)    the Central People's Government;

        (ii)   the Government;

        (iii)  any public body;

        (iv)   any country; or

        (v)    any authority or political organization outside Hong Kong;

   (e)  the relevant abbreviation is obscene, indecent or offensive; or

   (f)  the relevant abbreviation comprises anything the use of which is
        likely to amount to the commission of an offence.

(2) The Commission may refuse to grant an application made by a
prescribed body under section 8(1) or by a prescribed person under section
9(1) for the registration of an emblem of the body or the person ("the
relevant emblem") if, in the opinion of the Commission—

   (a)  the relevant emblem is identical to the emblem of another
        prescribed body or prescribed person;

   (b)  the relevant emblem so closely resembles the emblem of any other
        person that the relevant emblem is likely to be confused with or
        mistaken for the emblem of that other person;

   (c)  the relevant emblem comprises anything that 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;

   (d)  the relevant emblem comprises anything that is likely to induce an
        elector voting at an election to believe that the applicant is
        connected in any way with—

        (i)    the Central People's Government;

        (ii)   the Government;

        (iii)  any public body;

        (iv)   any country; or

        (v)    any authority or political organization outside Hong Kong;

   (e)  in the case of an application made under section 9(1), the 
        relevant emblem is or contains a photograph of the applicant
        concerned;

   (f)  the relevant emblem is obscene, indecent or offensive; or

   (g)  the relevant emblem comprises anything the use of which is likely to
        amount to the commission of an offence.

(3) Without prejudice to subsections (1) and (2), the Commission may refuse to
grant an application made under section 8(1) or 9(1) if the Commission
believes that the applicant concerned is, at any time after the application is
made, no longer a prescribed body or a prescribed person, as the case may be.