Hong Kong Regulations

ELECTION COMMITTEE (APPEALS) REGULATION - SECT 5

Fixing of hearing and notifying appellant thereof

(Past version on 16/11/2001).

(1) Where the Revising Officer receives an appeal notice or a
written representation, 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, as the case may be; and

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

        (i)    to the appellant concerned at the address furnished as his
               address in the appeal notice or the written representation, as
               the case may be; and

        (ii)   (A) in the case of an appeal notice, to the person whose
               election is questioned; or (B) in the case of a
               written representation, 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, 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, as the case may be;

        (ii)   may be represented at the hearing by a legal practitioner, or
               by 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, 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;

   (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 at the hearing by
               a legal practitioner or any other person authorized in writing
               by the appellant; 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,
the result of the subsector election to which the appeal notice relates shall
stand;

        (ii)   in the case of a written representation, 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 at the
               hearing by a legal practitioner or any other person authorized
               in writing by the appellant; 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,
the decision of the Electoral Registration Officer in relation to the
registration to which the written representation relates shall stand.

(3) The date fixed under subsection (1)(a) as regards an appeal  notice shall
be a date during the period beginning immediately after the date on which the
result of the subsector election to which the appeal
notice relates is published in the Gazette ("publication date") and ending on
a date not later than 20 days after the publication date.

(4) The date fixed under subsection (1)(a) as regards a written 
representation shall be a date during the period beginning immediately after
the date on which the interim register or final register concerned
is published ("publication date") and ending on a date not later than 20 days
after the publication date. (10 of 2006 s. 24)