Hong Kong Regulations

ELECTION COMMITTEE (REGISTRATION) (VOTERS FOR SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) (APPEALS) REGULATION - SECT 3

Fixing of hearing and notifying appellant thereof

(Past version on 16/11/2001).

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

   (a)  subject to subsections (3), (4) and (5), fix a date, time and place
        for holding a hearing as regards the appeal or the claim or the
        objection to which the notice relates; and

   (b)  send by registered post, a notice under subsection (2)- (L.N. 27 of
        2003)

        (i)    to the appellant concerned to the address furnished as his
               address in the notice of appeal or the notice of claim or the
               notice of  objection, 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  appeal or
        the notice of claim or the notice of objection, 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 the appeal or claim or objection
               concerned, 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 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 the appeal or claim or
               objection concerned and submit them, by post or by hand, at an
               address (which shall be specified in the notice) to reach the
               Revising Officer before the date fixed for the hearing; and
               (L.N. 243 of 2001)

   (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 the appeal
               or claim or objection concerned to be received by the Revising
               Officer before the date of the hearing, (L.N. 243 of 2001) the
               decision of the Electoral Registration Officer to which the
               notice of  appeal or the notice of claim or the
               notice of objection (as the case may be) relates, shall stand.

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

   (a)  on a date not later than the eighth day before the polling date for
        the subsector concerned, 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; and (L.N. 243 of
        2001)

   (b)  on a date later than the eighth day before the polling date for the
        subsector concerned, the date fixed under subsection (1)(a) as regards
        that notice shall be- (L.N. 243 of 2001; L.N. 27 of 2003)

        (i)    where the copy of the notice is so received on or before 8
               September in a District Council election year, a date within a
               period of 28 days ending on 11 September in that year;

        (ii)   where the copy of the notice is so received after 8 September
               in a District Council election year, a date within a period of
               27 days ending on 11 July in the next following year;

        (iii)  where the copy of the notice is so received on or before 8 July
               in any year which is not a District Council election year, a
               date within a period of 27 days ending on 11 July in that year;
               or

        (iv)   where the copy of the notice is so received after 8 July in any
               year which is not a District Council election year- (A) a date
               within a period of 28 days ending on 11 September in the next
               following year, if that following year is a
               District Council election  year; or (B) a date within a period
               of 27 days ending on 11 July in the next following year, if
               that following year is not a District Council election  year.
               (L.N. 27 of 2003)

(4) Where a copy of a notice of claim or a notice of objection as regards an
entry, or registration, in a subsector register, is received by the Revising
Officer-

   (a)  during the period beginning on 3 May 2002 and ending on 2 September
        2003, the date fixed under subsection (1)(a) as regards that notice
        shall be a date between 15 August 2003 and 11 September 2003 (both
        dates inclusive);

   (b)  during the period beginning on 3 September in any year subsequent to
        2002, if that subsequent year is a District Council election  year,
        and ending on 2 July in the year following that subsequent year, the
        date fixed under subsection (1)(a) as regards that notice shall be a
        date between 15 June and 11 July (both dates inclusive) in that
        following year; or

   (c)  during the period beginning on 3 July in any year subsequent to 2002,
        if that subsequent year is not a District Council election year, and-

        (i)    ending on 2 September in the year following that subsequent
               year, if that following year is a
               District Council election year, the date fixed under subsection
               (1)(a) as regards that notice shall be a date between 15 August
               and 11 September (both dates inclusive) in that following year;
               or

        (ii)   ending on 2 July in the year following that subsequent year, if
               that following year is not a District Council election year,
               the date fixed under subsection (1)(a) as regards that notice
               shall be a date between 15 June and 11 July (both dates
               inclusive) in that following year, which date so fixed in
               accordance with paragraph (a), (b) or (c)(i) or

        (ii)   , as the case may be, shall not be earlier than the third day
               after the day on which the copy of the notice is so received.
               (L.N. 27 of 2003)

(5) Where a copy of a notice of claim or a notice of objection as regards an
entry, or registration, in an Election Committee register, is received by the
Revising Officer not later than the tenth day after the date of publication of
the relevant Election Committee provisional  register, the date fixed under
subsection (1)(a) as regards that notice shall be a date not later than the
twentieth day after that date of publication, which date so fixed shall not be
earlier than the third day after the day on which the copy of the notice is
received.

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

   (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 the appeal
               or claim or objection concerned to be received by the Revising
               Officer before the date of the hearing, (L.N. 243 of 2001) the
               decision of the Electoral Registration Officer to which the
               notice of  appeal or the notice of claim or the
               notice of objection (as the case may be) relates, shall stand;
               or

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