Hong Kong Regulations

PARTICULARS RELATING TO CANDIDATES ON BALLOT PAPERS (LEGISLATIVE COUNCIL) REGULATION - SECT 17

Hearing of objection

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

(1) The Commission must, as soon as practicable after receiving an objection
made under section 15(1), send to the applicant concerned a copy of the
objection and, where applicable, any additional information or document
provided by the objector pursuant to section 16(2).

(2) The Commission must, by notice in writing given to the applicant and the
objector, inform them of the date and time at which they will be given an
opportunity of being heard.

(3) Unless the applicant and the objector consent to a shorter notice, the
date of hearing must be at least 7 days after the date of the notice given
under subsection (2).

(4) A hearing under this section must be conducted by the Commission or a
member of the Commission.

(5) A hearing under this section must be held in public unless the Commission
or the member thereof who conducts the hearing, on its or his own motion or on
the application of the applicant or the objector, determines that the hearing
or any part of the hearing must not be held in public in which case the
hearing or the part thereof, as the case may be, may be held in private.

(6) At a hearing under this section, the applicant and the objector may be
heard in person or by any person authorized in writing by the applicant or the
objector, as the case may be.

(7) At a hearing under this section, the Commission or the member thereof who
conducts the hearing may admit in evidence any document produced by the
applicant or the objector.

(8) If the applicant or the objector fails to appear at a hearing, the
Commission or the member thereof who conducts the hearing may—

   (a)  if satisfied that the failure to appear is due to reasonable cause,
        adjourn the hearing for such period as it or he thinks fit; or

   (b)  hear the representations of any party that appears at the hearing.

(9) If both the applicant and the objector fail to appear at a hearing, the
Commission or the member thereof who conducts the hearing may—

   (a)  if satisfied that the failure to appear is due to reasonable cause,
        adjourn the hearing for such period as it or he thinks fit; or

   (b)  dismiss the objection.

(10) If a hearing under this section is conducted by a member of the
Commission, the member must, as soon as practicable after the hearing, report
to the Commission a recommendation as to whether the objection concerned
should be allowed or rejected and the reasons for the recommendation.

(11) In subsections (4), (5), (6), (7), (8), (9) and (10),

"hearing" (聆訊) includes a hearing adjourned under subsection (8)(a) or

(9)(a).

"hearing" (聆訊)