Hong Kong Regulations

PARTICULARS RELATING TO CANDIDATES ON BALLOT PAPERS (LEGISLATIVE COUNCIL AND DISTRICT COUNCILS) REGULATION - SECT 18

Commission to decide on application

(Past version on 06/02/2004).

Decision

(1) If the Commission publishes a notice in respect of an application in the
Gazette under section 14, and—

   (a)  no objection to the granting of the application is made under
        section 15(1); or

   (b)  an objection to the granting of the application is made under
        section 15(1), but—

        (i)    the objection is withdrawn under section 15(4);

        (ii)   the Commission refuses to accept the objection under section 
               16 (1); or

        (iii)  the objection is dismissed under section 17(9)(b), the
               Commission must, as soon as practicable after the expiry of the
               period specified in section 15(1) or the occurrence of the
               event set out in paragraph (b)(i), (ii) or (iii), as the case
               may be, grant the application.

(2) If the Commission publishes a notice in respect of an application in the
Gazette under section 14, an objection to the granting of the application is
made under section 15(1), and none of the events set out in subsection
(1)(b)(i), (ii) and (iii) occurs, the Commission must, as soon as practicable
after a hearing is held in relation to the objection under section 17, decide
whether or not to grant the application.

(3) In making a decision under subsection (2), the Commission must have regard
to—

   (a)  the objection;

   (b)  any additional information or document provided by the objector
        concerned pursuant to section 16(2);

   (c)  any document admitted in evidence under section 17(7); and

   (d)  if the hearing is conducted by the Commission, any representations
        made by the applicant and the objector concerned at the hearing or, if
        the hearing is conducted by a member of the Commission, the
        recommendation and reasons for the recommendation as reported under
        section 17(10).