Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (FINANCIAL ASSISTANCE FOR LEGISLATIVE COUNCIL ELECTIONS AND DISTRICT COUNCIL ELECTIONS) (APPLICATION AND PAYMENT PROCEDURE) REGULATION - SECT 5

Verification of claims (eligibility, further information, etc.)

(Past version on 15/07/2004).

(1) On receiving a claim, the Chief Electoral Officer must verify— (L.N. 80
of 2007)

   (a)  if the claim is made by an LC candidate, whether the candidate is
        eligible for financial assistance under section 60C(2) of the
        Legislative Council Ordinance ( Cap 542);

   (b)  if the claim is made in respect of a list of LC candidates, whether
        the list of candidates is eligible for financial assistance under
        section 60C(1) of the Legislative Council Ordinance ( Cap 542); or

   (c)  if the claim is made by a DC candidate, whether the candidate is
        eligible for financial assistance under section 60C of the District 
        Councils Ordinance ( Cap 547). (L.N. 80 of 2007)

(2) The Chief Electoral Officer must also verify whether the claim conforms to
the requirements set out in section 3.

(3) The Chief Electoral Officer may require the candidate who makes the claim
or any candidate on the list of LC candidates in respect of which the claim is
made to provide further information as he may reasonably require to verify the
claim. (L.N. 80 of 2007)

(3A) The Chief Electoral Officer may also, in relation to a claim made by a
DC candidate, appoint an auditor to assist in verifying the claim (including
the auditing of the accounts in the election return accompanying the claim).
(L.N. 80 of 2007)

(3B) An auditor appointed under subsection (3A) must, after he has assisted in
verifying the claim, provide an auditor’s report to the Chief Electoral
Officer. (L.N. 80 of 2007)

(3C) The auditor’s report provided under subsection (3B) must—

   (a)  state that the auditor has audited the account of the declared 
        election expenses by conducting a reasonable assurance engagement in
        accordance with the Hong Kong Standards on Assurance Engagements; and

   (b)  state the auditor’s opinion as to whether the election return
        complies with section 37(1)(a) and (2)(b)(i) and (v) of the Elections 
        (Corrupt and Illegal Conduct) Ordinance ( Cap 554) in all material
        respects. (L.N. 80 of 2007)

(4) A requirement for further information made under subsection (3) must be in
writing and sent by registered post to whichever is applicable of the
following addresses— (L.N. 80 of 2007)

   (a)  if the claim is made by an LC candidate or a DC candidate or made in
        respect of a list of LC candidates consisting of only one candidate,
        the address of the candidate as stated on the claim form;

   (b)  if the claim is made in respect of a list of LC candidates consisting
        of more than one candidate, the address of the candidate nominated
        under section 3(3A), as stated on the claim form;

   (c)  if the candidate nominated under section 3(3A) has died, the address
        of the candidate nominated under section 10(5), as stated in the
        notice of variation. (L.N. 80 of 2007)

(5) A candidate required to provide further information must provide that
information within whichever is the later of the following periods—

   (a)  within 14 days from the date of receipt of the written requirement;

   (b)  within the period or extended period provided for in section 37 of the
        Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554) for
        lodging an election return.

(6) If a candidate fails to provide further information within the period
specified in subsection (5), the Chief Electoral Officer may, without any
prior notice, stop processing the claim.