Hong Kong Regulations

LEGISLATIVE COUNCIL (REGISTRATION OF ELECTORS) (APPEALS) REGULATION - SECT 2

Fixing of hearing and notifying the appellant thereof

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

(1) Where the Revising Officer receives a copy of a notice of claim or a
notice of objection from the Electoral Registration Officer or a
notice of appeal from a corporate elector or a corporate voter, he shall, as
soon as practicable-

   (a)  subject to subsection (3), fix a date, time and place for holding a
        hearing as regards the claim or the objection or the appeal to which
        the notice relates; and

   (b)  send by post, a notice under subsection (2)-

        (i)    to the appellant concerned to the address furnished as his
               address in the notice of claim or the notice of objection or
               the notice of  appeal, as the case may be; and

        (ii)   in the case of a notice of objection, in addition to the
               appellant, to the person in respect of whom the objection is
               made.

(2) A notice for the purposes of subsection (1)(b) shall-

   (a)  state that a hearing is to be held as regards the notice of  claim or
        the notice of objection or the notice of appeal, as the case may be;

   (b)  specify the date, time and place fixed under subsection (1)(a) for
        such hearing;

   (c)  state that the appellant or the person in respect of whom the
        objection is made, as the case may be-

        (i)    may appear in person at the hearing and make representations to
               the Revising Officer regarding his claim or objection or
               appeal;

        (ii)   may be represented at such hearing by a legal practitioner or
               any other person (authorized in writing by the appellant or the
               person in respect of whom the objection is made, as may be
               appropriate) who may make representations on his behalf; or

        (iii)  whether or not he appears or is represented, may make
               representations in writing regarding his claim or objection or
               appeal and submit them, by post or by hand, at an address
               (which shall be specified in the notice) to reach the Revising
               Officer on a date not later than 1 day before the date fixed
               for the hearing; and

   (d)  in the case of a notice sent to an appellant, state that if the
        Electoral Registration Officer does not make representations to the
        Revising Officer at the hearing and if the appellant-

        (i)    does not appear at the hearing;

        (ii)   is not represented by a legal practitioner or any other person

(authorized in writing by the appellant) at the hearing; and

        (iii)  does not make representations in writing regarding his claim or
               objection or appeal to be received by the Revising Officer on a
               date not later than 1 day before the date of the hearing, the
               decision of the Electoral Registration Officer to which the
               notice of  claim or the notice of objection or the
               notice of appeal relates, shall stand.

(3) Where a copy of a notice of claim or a notice of objection is received by
the Revising Officer-

   (a)  on or before 23 February 1998, the date fixed under subsection

(1)(a) as regards that notice shall be a date between 15 February and 28
February (both dates inclusive) in that year which date shall not be earlier
than the date of expiry of a period of 3 days after the day on which the
notice is received;

   (b)  during the period beginning on 24 February 1998 and ending on 3 March
        1999, the date fixed under subsection (1)(a) as regards that notice
        shall be a date between 15 February 1999 and 13 March 1999 (both dates
        inclusive) which date shall not be earlier than the date of expiry of
        a period of 3 days after the day on which the notice is received; and

   (c)  during the period beginning on 4 March in any year after the year 1998
        and ending on 3 March in the next following year, the date fixed under
        subsection (1)(a) as regards that notice shall be a date between 15
        February and 13 March (both dates inclusive) in that following year
        which date shall not be earlier than the date of expiry of a period of
        3 days after the day on which the notice is received.

(4) Where a notice of appeal is received by the Revising Officer-

   (a)  on a date not later than 11 days before the polling date for the
        functional constituency or the subsector concerned in any year, the
        date fixed under subsection (1)(a) as regards that notice shall be a
        date within a period of 21 days beginning from 25 days before such
        polling date; or

   (b)  on a date later than 11 days before the polling date for the
        functional constituency or the subsector concerned in any year, the
        date fixed under subsection (1)(a) as regards that notice shall be a
        date within a period of 21 days beginning from 25 days before the next
        following polling date for the functional constituency or the
        subsector concerned.

(5) As regards any notice of claim or notice of objection or notice 
of appeal-

   (a)  in the case where the Electoral Registration Officer does not make
        representations to the Revising Officer at the hearing and the
        appellant-

        (i)    does not appear at the hearing thereof;

        (ii)   is not represented by a legal practitioner or any other person

(authorized in writing by the appellant) at that hearing; and

        (iii)  does not make representations in writing regarding his claim or
               objection or appeal to be received by the Revising Officer on a
               date not later than 1 day before the date of that hearing, the
               decision of the Electoral Registration Officer to which the
               notice of  claim or the notice of objection or the
               notice of appeal relates, shall stand; or

   (b)  in any other case, the Revising Officer shall make a ruling either
        allowing or dismissing the claim or the objection or the appeal, as
        the case may be, to which that notice relates.