Hong Kong Regulations

ELECTION COMMITTEE (APPEALS) REGULATION - SECT 3

Appeal against result of subsector election to Revising Officer

(1) A person claiming to be a candidate at a subsector election may appeal to
a Revising Officer under section 39(1) of the Schedule to the Ordinance
against the result of that 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 a subsector election only on
the ground that the person declared by the Returning Officer in accordance
with EAC Regulations to have been elected as a member of the Election
Committee at the subsector election was not duly elected because-

   (a)  the person was ineligible to be, or was disqualified from being, a
        candidate at the subsector election; or

   (b)  material irregularity occurred in relation to the subsector  election,
        or to the polling or counting of votes at the subsector election.

(4) An appeal notice may be lodged to the Revising Officer only after the date
on which the Returning Officer has published in the Gazette the result being
appealed against and must reach the Revising Officer not later than 7 days
after that date.

(5) Any person whose election is questioned by an appeal notice and the
Returning Officer in respect of the subsector election concerned may be made a
respondent to the appeal.

(6) Two or more candidates at a 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), "subsector election" (界別分組選舉) includes
nomination proceedings and the decisions of the Returning Officer or any
Assistant Returning Officer.

"subsector election" (界別分組選舉)