Hong Kong Regulations

PARTICULARS RELATING TO CANDIDATES ON BALLOT PAPERS (LEGISLATIVE COUNCIL) REGULATION - SECT 23

Processing of objection made under section 22

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

(1) The Commission must process any objection made under section  22 (1) in
any annual registration cycle—

   (a)  if the objection is made on or before the relevant cut-off date of
        that annual registration cycle, as soon as practicable after that
        cut-off date, and in any event within that annual registration cycle;
        or

   (b)  if the objection is made after the relevant cut-off date of that
        annual registration cycle, as soon as practicable after the relevant 
        cut-off date of the next following annual registration cycle, and in
        any event within the next following annual registration cycle.

(2) The provisions of sections 16 and 17, subject to any necessary
modifications, apply in relation to an objection made under section 22(1) as
they apply in relation to an objection made under section 15(1).

(3) If—

   (a)  an objection made under section 22(1) is withdrawn under
        section 22(4);

   (b)  the Commission refuses to accept the objection under section  16 (1)
        (as applied under subsection (2)); or

   (c)  the objection is dismissed under section 17(9)(b) (as applied under
        subsection (2)), the abbreviation or the emblem concerned remains
        registered as if the objection has not been made.

(4) If none of the events set out in subsection (3)(a), (b) and (c) occurs,
the Commission must, as soon as practicable after a hearing is held in
relation to the objection under section 17 (as applied under subsection (2)),
decide whether or not to allow the objection.

(5) In making a decision under subsection (4), 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) (as applied under subsection (2));

   (c)  any document admitted in evidence under section 17(7) (as applied
        under subsection (2)); and

   (d)  if the hearing is conducted by the Commission, any representations
        made by the prescribed body or prescribed person 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) (as applied under
        subsection (2)).

(6) The Commission must, as soon as practicable after the occurrence of the
event set out in subsection (3)(a), (b) or (c), by notice in writing given to
the prescribed body or prescribed person and, where applicable, the objector
concerned, inform the body or person and, where applicable, the objector of
the withdrawal, refusal or dismissal, as the case may be.

(7) The Commission must, as soon as practicable after a decision is made under
subsection (4), by notice in writing given to the prescribed  body or
prescribed person and the objector concerned, inform the body or person and
the objector of the decision and the reasons for the decision. (L.N. 19 of
2004)