LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - CHAPTER 542E LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - LONG TITLE Empowering section (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - LONG TITLE Empowering section VerDate:09/01/1998 (Cap 542 section 82) [9 January 1998] (L.N. 1 of 1998) LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 1 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 1 Interpretation VerDate:03/03/2000 (1) In this Regulation, unless the context otherwise requires- "appeal notice" (上訴通知書) means an appeal notice lodged by a person under section 2; "appellant" (上訴人) means a person who- (a) lodges an appeal notice to a Revising Officer to appeal against the result of an Election Committee subsector election under section 2; or (b) submits a written representation to a Revising Officer to object to the voting-entitlement note in relation to him or to the absence of a voting-entitlement note in relation to him under section 3; or (c) submits a written representation to a Revising Officer to object to the registration of a declared member as a member of the Election Committee in the final register under section 4; (L.N. 13 of 2000) "declared member" (獲宣布委員) means a nominee who is declared by the Returning Officer to become a member of the Election Committee under section 3 of Schedule 2 to the Ordinance; "designated body" (指定團體) means a designated body referred to in section 2 of Schedule 2 to the Ordinance; "Election Committee sub-subsector election" (選舉委員會小組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Ordinance; "Election Committee subsector election" (選舉委員會界別分組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Ordinance; "final register" (正式委員登記冊) means a final register of members of the Election Committee; (L.N. 13 of 2000) "nominee" (獲提名人) means a nominee referred to in section 3 of Schedule 2 to the Ordinance; "Registration Regulation" (《登記規例》) means the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation (Cap 541 sub. leg.); (L.N. 13 of 2000) "voting-entitlement note" (表決權附註), in relation to a person registered as an ex-officio member in a final register, means a note or other indication, referred to in section 5(4)(f) of the Registration Regulation, against an entry in the final register relating to that person, to the effect that the member is not entitled, by virtue of section 48(3A) of the Ordinance, to vote at an election to return a Member by the Election Committee. (L.N. 13 of 2000) (2) In this Regulation, all references to the "Election Committee subsector election" shall, in respect of the sports, performing arts, culture and publication subsector, mean an "Election Committee sub-subsector election". "appeal notice" (上訴通知書) "appellant" (上訴人) "declared member" (獲宣布委員) "designated body" (指定團體) "Election Committee sub-subsector election" (選舉委員會小組選舉) "Election Committee subsector election" (選舉委員會界別分組選舉) "final register" (正式委員登記冊) "nominee" (獲提名人) "Registration Regulation" (《登記規例》) "voting-entitlement note" (表決權附註) LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 1 Interpretation VerDate:09/01/1998 (1) In this Regulation, unless the context otherwise requires- "appeal notice" (上訴通知書) means an appeal notice lodged by a person under section 2; "appellant" (上訴人) means a person who- (a) lodges an appeal notice to a Revising Officer to appeal against the result of an Election Committee subsector election under section 2; or (b) submits a written representation to a Revising Officer to object to his registration as an ex-officio member of the Election Committee under section 3; or (c) submits a written representation to a Revising Officer to object to the registration of a declared member as a member of the Election Committee in the final register of members of the Election Committee under section 4; "declared member" (獲宣布委員) means a nominee who is declared by the Returning Officer to become a member of the Election Committee under section 3 of Schedule 2 to the Ordinance; "designated body" (指定團體) means a designated body referred to in section 2 of Schedule 2 to the Ordinance; "Election Committee sub-subsector election" (選舉委員會小組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Ordinance; "Election Committee subsector election" (選舉委員會界別分組選舉) has the meaning assigned to it by section 7(1) of Schedule 2 to the Ordinance; "nominee" (獲提名人) means a nominee referred to in section 3 of Schedule 2 to the Ordinance. (2) In this Regulation, all references to the "Election Committee subsector election" shall, in respect of the sports, performing arts, culture and publication subsector, mean an "Election Committee sub-subsector election". "appeal notice" (上訴通知書) "appellant" (上訴人) "declared member" (獲宣布委員) "designated body" (指定團體) "Election Committee sub-subsector election" (選舉委員會小組選舉) "Election Committee subsector election" (選舉委員會界別分組選舉) "nominee" (獲提名人) LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 2 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 2 Appeal against result of Election Committee subsector election to Revising Officer VerDate:09/01/1998 (1) A person claiming to be a candidate at an Election Committee subsector election may, under section 32(1) of Schedule 2 to the Ordinance, appeal to a Revising Officer against the result of that Election Committee subsector election by lodging an appeal notice. (2) An appeal notice must be in the form specified in the Schedule. (3) An appeal notice may be lodged to question an Election Committee subsector election only on the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) to have been elected as a member of the Election Committee at the Election Committee subsector election was not duly elected because- (a) the person was ineligible to be, or was disqualified from being, a candidate at the Election Committee subsector election; or (b) material irregularity occurred in relation to the Election Committee subsector election, or to the polling or counting of votes at the Election Committee subsector election. (4) An appeal notice may be lodged only during the period of 14 days following the date on which the Returning Officer has published in the Gazette the result being appealed against and such notice must reach the Revising Officer on a date not later than the last day of such period. (5) Any person whose election is questioned by an appeal notice and the Returning Officer in respect of the Election Committee subsector election concerned may be made a respondent to the appeal. (6) Two or more candidates at an Election Committee subsector election may be made respondents to the same appeal and their cases may be tried at the same time, but for the purposes of this section and section 6, the appeal is taken to be a separate appeal against each respondent. (7) In subsection (3), "Election Committee subsector election" (選舉委員 會界別分組選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer. "Election Committee subsector election" (選舉委員會界別分組選舉) LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 3 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 3 Appeals in relation to registration of ex-officio members VerDate:03/03/2000 (1) A person registered as an ex-officio member in a final register may- (a) if there is a voting-entitlement note in relation to him in that register, submit a written representation to the Revising Officer to object to the voting-entitlement note on the ground that he has chosen in accordance with section 40A of the Registration Regulation to vote at an election to return a Member by the Election Committee or is deemed under that section to have so chosen; or (b) if there is no voting-entitlement note in relation to him in that register, submit a written representation to the Revising Officer to object to the absence of such a voting-entitlement note on the ground that he has chosen in accordance with section 40A of the Registration Regulation to vote at an election to return a Member for the functional constituency. (L.N. 13 of 2000) (2) The written representation referred to in subsection (1) may be submitted to the Revising Officer only during the period of 14 days following the date of the publication of the final register under section 32(2) of the Ordinance and such representation must reach the Revising Officer on a date not later than the last day of such period. (L.N. 13 of 2000) (3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing. (4) The written representation referred to in subsection (1) shall state- (a) the name, address and identity document number (if any) of the appellant; (b) the ground of appeal; and (c) any other relevant information. LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 3 Appeals in relation to registration of ex-officio members VerDate:09/01/1998 (1) A person who is registered as an elector for a functional constituency and is registered as an ex-officio member in the final register of members of the Election Committee may submit a written representation to the Revising Officer to object to his registration as an ex-officio member of the Election Committee on the ground that he has declined registration as an ex-officio member of the Election Committee in accordance with section 37(2) of the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation (Cap 541 sub. leg.). (2) The written representation referred to in subsection (1) may be submitted to the Revising Officer only during the period of 14 days following the date of publication of the final register of members of the Election Committee and such representation must reach the Revising Officer on a date not later than the last day of such period. (3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing. (4) The written representation referred to in subsection (1) shall state- (a) the name, address and identity document number (if any) of the appellant; (b) the ground of appeal; and (c) any other relevant information. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 4 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 4 Appeals in relation to registration of nominees declared by Returning Officer as members of Election Committee VerDate:03/03/2000 (1) A person who considers that a declared member is not eligible to be registered as a member of the Election Committee on the ground that- (a) the declared member was ineligible to be selected as a nominee, or was disqualified from being a nominee; (b) material irregularity occurred in relation to the process of nomination; (c) material irregularity occurred in relation to the determination of the Returning Officer as to the validity of the nomination of the declared member; or (d) material irregularity occurred in relation to the determination of the Returning Officer under section 3(4A) of Schedule 2 to the Ordinance, (L.N. 13 of 2000) may object to the registration of the declared member as a member of the Election Committee in the final register and request the Revising Officer to determine whether some other nominee nominated by the designated body concerned should be declared and registered as a member of the Election Committee instead, by submitting a written representation. (L.N. 13 of 2000) (2) The written representation referred to in subsection (1) may be submitted to the Revising Officer only during the period of 14 days following the date of the publication of the final register under section 32(2) of the Ordinance and such representation must reach the Revising Officer on a date not later than the last day of such period. (L.N. 13 of 2000) (3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing. (4) The written representation referred to in subsection (1) shall state- (a) the name, address and identity document number (if any) of the appellant; (b) the name and address of the declared member concerned; (c) the date on which the declared member concerned was declared as such member by the Returning Officer; (d) the ground of appeal; and (e) any other relevant information. LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 4 Appeals in relation to registration of nominees declared by Returning Officer as members of Election Committee VerDate:09/01/1998 (1) A person who considers that a declared member is not eligible to be registered as a member of the Election Committee on the ground that- (a) the declared member was ineligible to be selected as a nominee, or was disqualified from being a nominee; (b) material irregularity occurred in relation to the process of nomination; or (c) material irregularity occurred in relation to the determination of the Returning Officer as to the validity of the nomination of the declared member, may object to the registration of the declared member as a member of the Election Committee in the final register of members of the Election Committee and request the Revising Officer to determine whether some other nominee nominated by the designated body concerned should be declared and registered as a member of the Election Committee instead, by submitting a written representation. (2) The written representation referred to in subsection (1) may be submitted to the Revising Officer only during the period of 14 days following the date of publication of the final register of members of the Election Committee and such representation must reach the Revising Officer on a date not later than the last day of such period. (3) The Electoral Registration Officer, or an Assistant Electoral Registration Officer, is required to appear as the respondent at the hearing. (4) The written representation referred to in subsection (1) shall state- (a) the name, address and identity document number (if any) of the appellant; (b) the name and address of the declared member concerned; (c) the date on which the declared member concerned was declared as such member by the Returning Officer; (d) the ground of appeal; and (e) any other relevant information. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 5 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 5 Fixing of hearing and notifying appellant thereof VerDate:03/03/2000 (1) Where the Revising Officer receives the appeal notice or the written representation referred to in section 3 or 4, as the case may be, he shall, as soon as practicable- (a) subject to subsections (3) and (4), fix a date, time and place for holding a hearing as regards the appeal notice or the written representation referred to in section 3 or 4, as the case may be; and (b) send by post, a notice under subsection (2)- (i) to the appellant concerned to the address furnished as his address in the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) in the case of an appeal notice, in addition to the appellant, to the person whose election is questioned; and (iii) in the case of a written representation referred to in section 4, in addition to the appellant, to the declared member concerned. (2) A notice for the purposes of subsection (1) (b) shall- (a) state that a hearing is to be held as regards the appeal notice or the written representation referred to in section 3 or 4, 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 whose election is questioned or the declared member concerned, as the case may be- (i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person whose election is questioned or the declared member concerned, as the case may be) who may make representations on his behalf; or (iii) whether or not he appears or is represented, may make representations in writing regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be, 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 at least 1 clear day before the date fixed for the hearing; (L.N. 86 of 1998) (d) in the case of a notice sent to an appellant, state that- (i) in the case of an appeal notice, if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the result of the Election Committee subsector election to which the appeal notice relates shall stand; (ii) in the case of a written representation referred to in section 3 or 4, as the case may be, if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the registration, the voting-entitlement note or the absence of a voting-entitlement note, to which the written representation relates shall stand. (3) Where the appeal notice is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that notice shall be a date during the period beginning on a date following the date on which the result of the Election Committee subsector election to which the appeal notice relates is published in the Gazette and ending on a date not later than 14 days before the date on which the general election is held. (4) Where the written representation referred to in section 3 or 4, as the case may be, is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that representation shall be a date during the period beginning on a date following the date on which the final register is published and ending on a date not later than 14 days before the date on which the general election is held. (L.N. 13 of 2000) LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 5 Fixing of hearing and notifying appellant thereof VerDate:13/02/1998 (1) Where the Revising Officer receives the appeal notice or the written representation referred to in section 3 or 4, as the case may be, he shall, as soon as practicable- (a) subject to subsections (3) and (4), fix a date, time and place for holding a hearing as regards the appeal notice or the written representation referred to in section 3 or 4, as the case may be; and (b) send by post, a notice under subsection (2)- (i) to the appellant concerned to the address furnished as his address in the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) in the case of an appeal notice, in addition to the appellant, to the person whose election is questioned; and (iii) in the case of a written representation referred to in section 4, in addition to the appellant, to the declared member concerned. (2) A notice for the purposes of subsection (1) (b) shall- (a) state that a hearing is to be held as regards the appeal notice or the written representation referred to in section 3 or 4, 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 whose election is questioned or the declared member concerned, as the case may be- (i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person whose election is questioned or the declared member concerned, as the case may be) who may make representations on his behalf; or (iii) whether or not he appears or is represented, may make representations in writing regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be, 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 at least 1 clear day before the date fixed for the hearing; (L.N. 86 of 1998) (d) in the case of a notice sent to an appellant, state that- (i) in the case of an appeal notice, if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the result of the Election Committee subsector election in relation to the appeal notice shall stand; (ii) in the case of a written representation referred to in section 3 or 4, as the case may be, if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the written representation, shall stand. (3) Where the appeal notice is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that notice shall be a date during the period beginning on a date following the date on which the result of the Election Committee subsector election in relation to the appeal notice is published in the Gazette and ending on a date not later than 14 days before the date on which the general election is held. (4) Where the written representation referred to in section 3 or 4, as the case may be, is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that representation shall be a date during the period beginning on a date following the date on which the final register of members of the Election Committee is published and ending on a date not later than 14 days before the date on which the general election is held. LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 5 Fixing of hearing and notifying appellant thereof VerDate:09/01/1998 (1) Where the Revising Officer receives the appeal notice or the written representation referred to in section 3 or 4, as the case may be, he shall, as soon as practicable- (a) subject to subsections (3) and (4), fix a date, time and place for holding a hearing as regards the appeal notice or the written representation referred to in section 3 or 4, as the case may be; and (b) send by post, a notice under subsection (2)- (i) to the appellant concerned to the address furnished as his address in the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) in the case of an appeal notice, in addition to the appellant, to the person whose election is questioned; and (iii) in the case of a written representation referred to in section 4, in addition to the appellant, to the declared member concerned. (2) A notice for the purposes of subsection (1) (b) shall- (a) state that a hearing is to be held as regards the appeal notice or the written representation referred to in section 3 or 4, 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 whose election is questioned or the declared member concerned, as the case may be- (i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be; (ii) may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person whose election is questioned or the declared member concerned, as the case may be) who may make representations on his behalf; or (iii) whether or not he appears or is represented, may make representations in writing regarding the appeal notice or the written representation referred to in section 3 or 4, as the case may be, 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; (d) in the case of a notice sent to an appellant, state that- (i) in the case of an appeal notice, if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his appeal notice to be received by the Revising Officer on a date not later than 1 day before the date of the hearing, the result of the Election Committee subsector election in relation to the appeal notice shall stand; (ii) in the case of a written representation referred to in section 3 or 4, as the case may be, if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant- (A) does not appear at the hearing; (B) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and (C) does not make representations in writing regarding his written representation 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 in relation to the written representation, shall stand. (3) Where the appeal notice is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that notice shall be a date during the period beginning on a date following the date on which the result of the Election Committee subsector election in relation to the appeal notice is published in the Gazette and ending on a date not later than 14 days before the date on which the general election is held. (4) Where the written representation referred to in section 3 or 4, as the case may be, is received by the Revising Officer, the date fixed under subsection (1)(a) as regards that representation shall be a date during the period beginning on a date following the date on which the final register of members of the Election Committee is published and ending on a date not later than 14 days before the date on which the general election is held. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 6 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 6 Ruling of Revising Officer VerDate:03/03/2000 (1) As regards any appeal notice- (a) in the case where 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 appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the result of the Election Committee subsector election to which the appeal notice relates shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(3) to determine whether the person whose election is questioned was or was not duly elected. (2) As regards any written representation referred to in section 3- (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; (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 written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the voting-entitlement note or the absence of a voting-entitlement note, to which the written representation relates shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the final register should contain a voting-entitlement note in relation to the appellant. (3) As regards any written representation referred to in section 4- (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; (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 written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the registration to which the written representation relates shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the declared member concerned should have been registered as a member of the Election Committee and if he determines that such person should not have been registered as a member of the Election Committee and the appellant has made a request referred to in section 4(1), determine whether some other nominee should be declared and registered as a member of the Election Committee instead. (L.N. 13 of 2000) LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 6 Ruling of Revising Officer VerDate:13/02/1998 (1) As regards any appeal notice- (a) in the case where 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 appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the result of the Election Committee subsector election in relation to the appeal notice shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(3) to determine whether the person whose election is questioned was or was not duly elected. (2) As regards any written representation referred to in section 3- (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; (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 written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the written representation shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the appellant should have been registered as an ex-officio member of the Election Committee in the final register of members of the Election Committee. (3) As regards any written representation referred to in section 4- (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; (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 written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, (L.N. 86 of 1998) the decision of the Electoral Registration Officer in relation to the written representation shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the declared member concerned should have been registered as a member of the Election Committee and if he determines that such person should not have been registered as a member of the Election Committee and the appellant has made a request referred to in section 4(1), determine whether some other nominee should be declared and registered as a member of the Election Committee instead. LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 6 Ruling of Revising Officer VerDate:09/01/1998 (1) As regards any appeal notice- (a) in the case where 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 appeal notice to be received by the Revising Officer on a date not later than 1 day before the date of the hearing, the result of the Election Committee subsector election in relation to the appeal notice shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(3) to determine whether the person whose election is questioned was or was not duly elected. (2) As regards any written representation referred to in section 3- (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; (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 written representation 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 in relation to the written representation shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the appellant should have been registered as an ex-officio member of the Election Committee in the final register of members of the Election Committee. (3) As regards any written representation referred to in section 4- (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; (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 written representation 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 in relation to the written representation shall stand; or (b) in any other case the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the declared member concerned should have been registered as a member of the Election Committee and if he determines that such person should not have been registered as a member of the Election Committee and the appellant has made a request referred to in section 4(1), determine whether some other nominee should be declared and registered as a member of the Election Committee instead. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 7 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 7 Appellant and other persons concerned to be notified of ruling VerDate:03/03/2000 Where- (a) the result of the Election Committee subsector election to which the appeal notice relates stands pursuant to section 6; (L.N. 13 of 2000) (b) the decision of the Electoral Registration Officer stands pursuant to section 6; or (c) the Revising Officer makes a ruling under section 6, the Revising Officer shall notify the appellant and, where appropriate, the person whose election is questioned or the declared member concerned, by post, that such result or decision shall stand or of his ruling, as may be appropriate. LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 7 Appellant and other persons concerned to be notified of ruling VerDate:09/01/1998 Where- (a) the result of the Election Committee subsector election in relation to the appeal notice stands pursuant to section 6; (b) the decision of the Electoral Registration Officer stands pursuant to section 6; or (c) the Revising Officer makes a ruling under section 6, the Revising Officer shall notify the appellant and, where appropriate, the person whose election is questioned or the declared member concerned, by post, that such result or decision shall stand or of his ruling, as may be appropriate. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 8 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 8 Electoral Registration Officer to be notified of ruling VerDate:03/03/2000 (1) Where- (a) the result of the Election Committee subsector election to which the appeal notice relates stands pursuant to section 6; (b) the decision of the Electoral Registration Officer stands pursuant to section 6; or (c) the Revising Officer makes a ruling under section 6, the Revising Officer shall notify the Electoral Registration Officer on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, that such result or decision shall stand or of his ruling, as may be appropriate. (2) If the Revising Officer makes a ruling under section 6, he shall on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, direct the Electoral Registration Officer to incorporate such ruling in the final register. (L.N. 13 of 2000) LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 8 Electoral Registration Officer to be notified of ruling VerDate:09/01/1998 (1) Where- (a) the result of the Election Committee subsector election in relation to the appeal notice stands pursuant to section 6; (b) the decision of the Electoral Registration Officer stands pursuant to section 6; or (c) the Revising Officer makes a ruling under section 6, the Revising Officer shall notify the Electoral Registration Officer on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, that such result or decision shall stand or of his ruling, as may be appropriate. (2) If the Revising Officer makes a ruling under section 6, he shall on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, direct the Electoral Registration Officer to incorporate such ruling in the final register of members of the Election Committee. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 9 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 9 Determination of matters and powers of adjournment, etc. VerDate:09/01/1998 The Revising Officer shall determine every matter to be determined by him under this Regulation as soon as practicable, and the hearing of any such matter shall, as far as is practicable having regard to the interests of justice, be continued from day to day (excluding general holidays) until its conclusion, but subject to the foregoing, the hearing and determination of any such matter may be adjourned at any time to a date not later than the last day of the period referred to in section 5(3) or (4), as the case may be. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 10 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 10 Review of rulings by Revising Officer VerDate:09/01/1998 (1) The Revising Officer may, subject to subsection (2), and on his own initiative or for good cause shown by the Electoral Registration Officer, the Returning Officer, the appellant, or the person whose election is questioned, or the declared member concerned, as the case may be, review any ruling made under section 6, and for that purpose may rehear the matter wholly or in part and reverse or confirm his previous ruling. (2) A ruling made under section 6 during the period referred to in section 5(3) and (4) may only be reviewed during the period referred to in section 5(3) and (4) respectively. (3) In the case where the Revising Officer decides to review any ruling made under section 6, he shall determine the procedure for such review. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 11 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 11 Revising Officer may require Electoral Registration Officer and Returning Officer to provide information VerDate:09/01/1998 The Revising Officer may require the Electoral Registration Officer and the Returning Officer to provide any information which the Revising Officer considers necessary for him to make a determination under this Regulation. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 12 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 12 Validity of acts of person VerDate:09/01/1998 Any ruling made by the Revising Officer under section 6 does not invalidate acts done by the person as a member of the Election Committee whose election or whose registration as such a member is questioned before the making of such ruling. LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 13 (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SECT 13 Revising Officer is required to determine the forms, the appropriate person and the mode of service when exercising his powers VerDate:09/01/1998 When exercising the powers referred to in section 77(4) of the Ordinance, the Revising Officer shall- (a) determine the forms to be used; (b) determine, having regard to the circumstances of the case, who is the appropriate person to serve a summons issued by the Revising Officer on the person to whom the summons is directed; and (c) determine, having regard to the circumstances of the case, the mode of service of a summons referred to in paragraph (b). LEGISLATIVE COUNCIL (FORMATION OF ELECTION COMMITTEE) (APPEALS) REGULATION - SCHEDULE SCHEDULE (Repealed L.N. 198 of 2001) VerDate:16/11/2001 LEGISLATIVE COUNCIL (FORMATION OF ELECTIONCOMMITTEE) (APPEALS) REGULATION - SCHEDULE SCHEDULE VerDate:09/01/1998 [section 2] APPEAL NOTICE In the Matter of the Legislative Council Ordinance (Cap 542) and * In the Matter of an Election Committee subsector election for the (name of subsector) subsector held on (date of election). (or) * In the Matter of an Election Committee sub-subsector election for the *sports/performing arts/culture/publication sub-subsector held on (date of election). To: Revising Officer I, (name to be stated), holder of an identity card issued under the Registration of Persons Ordinance (Cap 177), (number to be stated) state- 1. (a) that I was a candidate at the above election; *(b) in an election which was not contested, that *(name of candidate) was a candidate at the election/(name of each candidate) were candidates at the election, and on (date on which the candidate was declared elected or the candidates were declared elected) the Returning Officer for the above-mentioned *subsector/sub-subsector declared in a notice published in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) that *that candidate/those candidates *was/were elected for the above-mentioned *subsector/sub-subsector; *(b) in a contested election, that the poll was held on the above day, that (name of each candidate) were candidates at that election, and on (date on which the successful candidates were declared elected) the Returning Officer for the above-mentioned *subsector/sub-subsector declared in a notice published in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) that (names of successful candidates) were elected for the above-mentioned *subsector/sub-subsector; (c) that (ground under section 2(3) of the Legislative Council (Formation of Election Committee) (Appeals) Regulation (Cap 542 sub. leg.) on which the election is questioned and the facts on which the appellant relies). 2. I therefore request the Revising Officer to determine whether the *candidate/candidates (to be named) declared by the Returning Officer for the above-mentioned *subsector/sub-subsector in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap 541) to have been elected *was/were duly elected. Dated this ..................... day of ...................... 19 ........ Signed Appellant The address for service is (address to be stated). * Delete whichever is inapplicable.