ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - CHAPTER 541B ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - LONG TITLE Empowering section VerDate:05/10/2001 ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION (L.N. 200 of 2001) (Cap 541, section 7) [12 November 1997] (L.N. 534 of 1997) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 1 (Omitted as spent) VerDate:05/10/2001 PART II FORM OF REGISTERS (Omitted as spent) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 2 Interpretation VerDate:14/07/2006 (1) In this Regulation, unless the context otherwise requires- "appeal" (上訴) means an appeal made under section 31A; (L.N. 200 of 2001) "authorized representative" (獲授權代表), in relation to- (a) a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; and (b) a corporate voter, means the person authorized by the corporate voter to cast its vote at an Election Committee subsector election; "body" (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; (L.N. 200 of 2001) "claim" (申索) means a claim made under section 31; "corporate elector" (團體選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "corporate voter" (團體投票人) has the meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "current year" (現年份), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the year for which the relevant provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) "District Council election year" (區議會選舉年) means a year in which an ordinary election within the meaning of section 2 of the District Councils Ordinance (Cap 547) is to be held; (L.N. 255 of 2002) "Election Committee final register" (選舉委員會正式委員登記冊) means the final register of members of the Election Committee required to be compiled under section 40(2), (3) or (3A) of the Schedule to the Chief Executive Election Ordinance (Cap 569) or published under section 40(4) of that Schedule; (L.N. 200 of 2001; L.N. 112 of 2006) "Election Committee interim register" (選舉委員會暫行委員登記冊) means the interim register of members of the Election Committee required to be compiled under section 40(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 112 of 2006) "Election Committee omissions list" (選舉委員會遭剔除者名單) means the omissions list referred to in section 24(3A); (L.N. 200 of 2001) "Election Committee provisional register" (選舉委員會臨時委員登記冊) means the provisional register of members of the Election Committee required to be compiled under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "Election Committee register" (選舉委員會委員登記冊) means an Election Committee provisional register, an Election Committee interim register or an Election Committee final register; (L.N. 200 of 2001; L.N. 112 of 2006) "Election Committee subsector election" (選舉委員會界別分組選舉) means a subsector election within the meaning of section 1 of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "elector" (選民) means a person who is registered in a functional constituencies final register or a person who has applied for registration as an elector and whose personal particulars or relevant particulars are recorded in a functional constituencies provisional register; "Electoral Registration Officer" (選舉登記主任), in relation to- (a) a functional constituencies register or a functional constituencies omissions list, has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); (b) a subsector register, a subsector omissions list, an Election Committee register or an Election Committee omissions list, has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "existing Election Committee final register" (現有的選舉委員會正式委員登記冊) means the existing final register of members of the Election Committee within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "existing functional constituencies final register" (現有的功能界別正式選民登記冊), in relation to the compilation of a functional constituencies provisional register, means the functional constituencies final register- (a) published in the preceding year; and (b) which is in effect by virtue of section 33 of the Legislative Council Ordinance (Cap 542) at the time the provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) "existing subsector final register" (現有的界別分組正式投票人登記冊), in relation to- (a) (Repealed L.N. 255 of 2002) (b) the compilation of a subsector provisional register, means the subsector final register- (L.N. 255 of 2002) (i) published in the preceding year; and (ii) which is in effect by virtue of section 15 of the Schedule to the Chief Executive Election Ordinance (Cap 569) at the time the provisional register is being compiled; (L.N. 200 of 2001) "ex-officio member" (當然委員) has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "functional constituencies final register" (功能界別正式選民登記冊) means a final register of electors for functional constituencies required to be compiled under section 32(1)(b)(ii) or (1A)(b)(ii) of the Legislative Council Ordinance (Cap 542); (L.N. 255 of 2002) "functional constituencies omissions list" (功能界別遭剔除者名單) means the omissions list referred to in section 24(1)(a); (L.N. 307 of 1999) "functional constituencies provisional register" (功能界別臨時選民登記冊) means a provisional register of electors for functional constituencies required to be compiled under section 32(1)(a)(ii) or (1A)(a)(ii) of the Legislative Council Ordinance (Cap 542); (L.N. 255 of 2002) "functional constituencies register" (功能界別選民登記冊) means a functional constituencies provisional register or a functional constituencies final register; "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituency" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); "identity document" (身分證明文件) means- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap 177); (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity; (L.N. 200 of 2001) "next Election Committee provisional register" (下一份選舉委員會臨時委員登記冊) means the next provisional register of members of the Election Committee required to be compiled, not later than a date that falls within the term of office of that Committee, under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "notice of appeal" (上訴通知書) means a notice of appeal within the meaning of section 31A(1); (L.N. 200 of 2001) "notice of claim" (申索通知書) means a notice of claim within the meaning of section 31(7); "notice of objection" (反對通知書) means a notice of objection within the meaning of section 30(1); "notification" (通告) means a notification sent under Part IV; "objection" (反對) means an objection made under section 30(1); "omissions list" (遭剔除者名單), in relation to- (a) the compilation of a functional constituencies provisional register, means a functional constituencies omissions list; (b) the compilation of a subsector provisional register, means a subsector omissions list; (L.N. 307 of 1999; L.N. 200 of 2001) (c) the compilation of an Election Committee provisional register, means an Election Committee omissions list; (L.N. 200 of 2001) "personal particulars" (個人詳情), in relation to a natural person, means the name and principal residential address of the person; (L.N. 307 of 1999) "preceding year" (對上一年), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the year immediately preceding the year for which the relevant provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) "principal residential address" (主要住址), in relation to a natural person, means the address of a dwelling place in Hong Kong at which the person resides and which constitutes the person's sole or main home; (L.N. 200 of 2001) "relevant particulars" (有關詳情) means the particulars of a body required to be recorded under section 3(3)(a); "responsible person" (負責人), in relation to a particular purpose of this Regulation, means- (a) the person authorized for the time being by a body according to its constitution, governing rules or internal procedures, for that purpose; or (b) if more than one person is so authorized, any such person; "Revising Officer" (審裁官), in relation to- (a) a functional constituencies register or a functional constituencies omissions list, has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); (b) a subsector register, a subsector omissions list, an Election Committee register or an Election Committee omissions list, has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "sector" (界別) means a sector represented on the Election Committee under Part 2 of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "specified form" (指明表格), in relation to a particular purpose under this Regulation, means the form specified pursuant to section 7(1)(i) of the Ordinance or under section 76 of the Legislative Council Ordinance (Cap 542) or under section 45 of the Schedule to the Chief Executive Election Ordinance (Cap 569), for that purpose; (L.N. 200 of 2001) "specified particulars" (指明詳情) means the particulars of a member of the Election Committee specified in section 5(4); (L.N. 200 of 2001) "sub-subsector" (小組) means a sub-subsector referred to in section 2(9) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "subsector" (界別分組) means a subsector specified in a Table; "subsector final register" (界別分組正式投票人登記冊) means a final register of voters for subsectors required to be compiled under section 14(1)(b) or (1A)(b) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) "subsector omissions list" (界別分組遭剔除者名單) means the omissions list referred to in section 24(1)(b); (L.N. 307 of 1999) "subsector provisional register" (界別分組臨時投票人登記冊) means a provisional register of voters for subsectors required to be compiled under section 14(1)(a) or (1A)(a) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) "subsector register" (界別分組投票人登記冊) means a subsector provisional register or a subsector final register; (L.N. 307 of 1999; L.N. 200 of 2001) "Table" (列表) means a Table included in section 2 of the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 200 of 2001) "voter" (投票人) means a person who is registered in a subsector final register or a person who has applied for registration as a voter and whose personal particulars or relevant particulars are recorded in a subsector provisional register. (L.N. 307 of 1999; L.N. 200 of 2001) (2) In this Regulation, a reference to "existing final register" is to be construed- (L.N. 200 of 2001) (a) (Repealed L.N. 307 of 1999) (b) in relation to the compilation of a functional constituencies provisional register, as a reference to the existing functional constituencies final register; (L.N. 307 of 1999) (c) in relation to the compilation of a subsector provisional register, as a reference to the existing subsector final register; (L.N. 307 of 1999; L.N. 200 of 2001) (d) in relation to the compilation of an Election Committee provisional register, as a reference to the existing Election Committee final register. (L.N. 200 of 2001) (3) In this Regulation, a reference to the compilation of an Election Committee final register is to be construed, in relation to the Election Committee final register required to be published under section 40(4) of the Schedule to the Chief Executive Election Ordinance (Cap 569), as a reference to the publication of the relevant Election Committee provisional register as that Election Committee final register. (L.N. 200 of 2001) (L.N. 307 of 1999; L.N. 200 of 2001) "appeal" (上訴) "authorized representative" (獲授權代表) "body" (團體) "claim" (申索) "corporate elector" (團體選民) "corporate voter" (團體投票人) "current year" (現年份) "District Council election year" (區議會選舉年) "Election Committee final register" (選舉委員會正式委員登記冊) "Election Committee interim register" (選舉委員會暫行委員登記冊) "Election Committee omissions list" (選舉委員會遭剔除者名單) "Election Committee provisional register" (選舉委員會臨時委員登記冊) "Election Committee register" (選舉委員會委員登記冊) "Election Committee subsector election" (選舉委員會界別分組選舉) "elector" (選民) "Electoral Registration Officer" (選舉登記主任) "existing Election Committee final register" (現有的選舉委員會正式委員登記冊) "existing functional constituencies final register" (現有的功能界別正式選民登記冊) "existing subsector final register" (現有的界別分組正式投票人登記冊) "ex-officio member" (當然委員) "functional constituencies final register" (功能界別正式選民登記冊) "functional constituencies omissions list" (功能界別遭剔除者名單) "functional constituencies provisional register" (功能界別臨時選民登記冊) "functional constituencies register" (功能界別選民登記冊) "functional constituency" (功能界別) "geographical constituency" (地方選區) "identity document" (身分證明文件) "next Election Committee provisional register" (下一份選舉委員會臨時委員登記冊) "notice of appeal" (上訴通知書) "notice of claim" (申索通知書) "notice of objection" (反對通知書) "notification" (通告) "objection" (反對) "omissions list" (遭剔除者名單) "personal particulars" (個人詳情) "preceding year" (對上一年) "principal residential address" (主要住址) "relevant particulars" (有關詳情) "responsible person" (負責人) "Revising Officer" (審裁官) "sector" (界別) "specified form" (指明表格) "specified particulars" (指明詳情) "sub-subsector" (小組) "subsector" (界別分組) "subsector final register" (界別分組正式投票人登記冊) "subsector omissions list" (界別分組遭剔除者名單) "subsector provisional register" (界別分組臨時投票人登記冊) "subsector register" (界別分組投票人登記冊) "Table" (列表) "voter" (投票人) "existing final register" ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 3 Form of the functional constituencies register VerDate:05/10/2001 PART II FORM OF REGISTERS (1) A functional constituencies register is to be divided into parts by reference to functional constituencies so that there is a separate part for each functional constituency. (2) An entry in a functional constituencies register, relating to a natural person, must show the personal particulars of the person. (L.N. 307 of 1999) (3) An entry in a functional constituencies register, relating to a body, must show the following particulars- (a) the name and business address of the body; and (b) the name of the authorized representative for the body, if it has been furnished to the Electoral Registration Officer. (L.N. 307 of 1999) (4) The order in which names of electors who are natural persons are to be arranged in a functional constituencies register is as follows- (a) the names of the electors in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first; (b) the names of the electors in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999) (5) If a functional constituency has both corporate electors and electors who are natural persons, the part of the functional constituencies register relating to that constituency is to be divided into 2 parts. The entries relating to the natural persons are to be contained in one part and the entries relating to the corporate electors are to be contained in the other. The entries in the part for the natural persons are to be arranged as specified in subsection (4). The entries in the part for the corporate electors are to be arranged as specified in subsection (7). (6) If a functional constituency has only corporate electors, the entries for that functional constituency are to be arranged as specified in subsection (7). (7) The entries in a functional constituencies register relating to corporate electors for a functional constituency are to be arranged so that those with the electors' names in Chinese appear first and those with the electors' names in English follow. The entries with the electors' names in Chinese are to be arranged in an order determined by the Electoral Registration Officer. The others are to be arranged in the alphabetical order of the names of those electors. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 4 Form of the subsector register VerDate:05/10/2001 (1) A subsector register is to be divided into parts by reference to sectors so that there is a separate part for each of the 4 sectors, namely the First Sector, the Second Sector, the Third Sector and the Fourth Sector referred to in Part 2 of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 200 of 2001) (2) Each part referred to in subsection (1) must be further divided into sections corresponding to the subsectors of which the sector is composed (excluding the subsectors for which an Election Committee subsector election is not required to be held under the Schedule to the Chief Executive Election Ordinance (Cap 569)) in the same order in which they appear in the relevant Table. If a subsector has sub-subsectors, the section for that subsector must be further divided into smaller sections corresponding to the sub-subsectors. (L.N. 200 of 2001) (3) The particulars specified in section 3(2) or (3), as the case may require, must be recorded in respect of each voter. In the case of a subsector with the same name as a functional constituency, the name and address recorded for the voter in the subsector register must be the same as those recorded for that voter, as an elector, in the relevant functional constituencies register. (L.N. 200 of 2001) (4) The order in which names of voters who are natural persons are to be arranged in a subsector register is as follows- (a) the names of the voters in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first; (b) the names of the voters in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999) (5) If a subsector or sub-subsector has both corporate voters and voters who are natural persons, the part of the subsector register relating to that subsector is to be divided into 2 parts. The entries relating to the natural persons are to be contained in one part and the entries relating to the corporate voters are to be contained in the other. The entries in the part for the natural persons are to be arranged as specified in subsection (4). The entries in the part for the corporate voters are to be arranged as specified in subsection (7). (6) If a subsector or sub-subsector has only corporate voters, the entries for that subsector or sub-subsector are to be arranged as specified in subsection (7). (7) The entries in a subsector register relating to corporate voters for a subsector or a sub-subsector are to be arranged so that those with the voters' names in Chinese appear first and those with the voters' names in English follow. The entries with the voters' names in Chinese are to be arranged in an order determined by the Electoral Registration Officer. The others are to be arranged in the alphabetical order of the names of those voters. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 5 Form of the Election Committee register VerDate:16/07/2004 (1) An Election Committee register is to be divided into 4 parts so that there is a separate part for each sector. (L.N. 200 of 2001) (2) The entries for a sector must be arranged with reference to the subsectors of which the sector is composed. The particulars of a member must be recorded under the subsector or sub-subsector for which the member is elected or nominated or of which he or she is an ex-officio member, as the case may be. (3) (Repealed L.N. 307 of 1999) (4) Each part of an Election Committee register must contain the following particulars of a member, under the appropriate subsector- (L.N. 200 of 2001) (a) the name of the member; (b)-(c) (Repealed L.N. 307 of 1999) (d) the principal residential address of the member; (L.N. 307 of 1999) (da) if a member has resigned, or is deemed to have resigned, from the Election Committee under section 3 of the Schedule to the Chief Executive Election Ordinance (Cap 569), a note or other indication to that effect against the entry relating to that member; and (L.N. 200 of 2001; L.N. 84 of 2004) (e) if a member is a representative of more than one subsector as a result of being a Hong Kong deputy to the National People's Congress or a Member of the Legislative Council, or both, a note or other indication to that effect against the entry relating to that member. (L.N. 307 of 1999; L.N. 84 of 2004) (f) (Repealed L.N. 84 of 2004) (5) The order in which the names of members are to be arranged under a subsector or sub-subsector is as follows- (a) the names of the members in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first; (b) the names of the members in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 6 Entries in a functional constituencies register or subsector register to be in Chinese or English VerDate:28/02/2003 (1) In a functional constituencies register or a subsector register, the name of an elector or voter who is a natural person or the name of an authorized representative is to be recorded- (a) in Chinese, if the person's principal residential address on the application for registration as an elector or voter or on the specified form for the appointment as an authorized representative, as the case may be, is in Chinese; or (b) in English, if the person's principal residential address on the relevant application or specified form referred to in paragraph (a) is in English. (L.N. 255 of 2002) (2) In a functional constituencies register or a subsector register, the name of a corporate elector or a corporate voter is to be recorded- (a) in Chinese, if the elector's or voter's name on the application for registration as an elector or voter is only in Chinese; (b) in English, if the elector's or voter's name on that application is only in English; or (c) in Chinese or English, as determined by the Electoral Registration Officer, if the elector's or voter's name on that application is in a language other than Chinese or English. (L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 7 Entries in an Election Committee register to be in Chinese or English VerDate:28/02/2003 In an Election Committee register, the name of a member is to be recorded- (L.N. 200 of 2001) (a) in Chinese- (i) if the member's principal residential address on the application to be registered as an elector for a functional constituency is in Chinese; (ii) if the member has not applied to be so registered, if the member's principal residential address on the application to be registered as a voter for a subsector is in Chinese; or (iii) if the member- (A) is a nominee for the religious subsector or an ex-officio member; and (B) has not applied to be registered as an elector or a voter, if the member's principal residential address on the application to be registered for a geographical constituency is in Chinese; or (b) in English, if the member's principal residential address on the relevant application referred to in paragraph (a) is in English. (L.N. 255 of 2002) (L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 8 Electoral Registration Officer's power to determine the form of the register VerDate:05/10/2001 (1) Subject to this Part, the Electoral Registration Officer may determine the form of a functional constituencies register, a subsector register or an Election Committee register. (L.N. 200 of 2001) (2) The Electoral Registration Officer may determine whether an entry relating to a person in a register referred to in subsection (1) is to be in Chinese or English in a case which is not provided for in section 6 or 7. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 9 Electoral Registration Officer to have power to require information from persons to prepare registers VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART III ELECTORAL REGISTRATION OFFICER'S POWERS TO REQUIRE INFORMATION (1) For the purpose of preparing a functional constituencies register or a subsector register, the Electoral Registration Officer may require- (a) a body; (b) a public authority; or (c) any other person, to furnish such information as that Officer may specify. (2) Without limiting subsection (1), the Electoral Registration Officer may require a person referred to in subsection (1)(a), (b) or (c) to furnish- (a) the names and addresses of the members of a body; (b) information as to the period for which a member has had membership of the body; (c) the constitution of a body; (L.N. 307 of 1999; L.N. 200 of 2001) (d) the name and address of any person who appears to the Electoral Registration Officer to be eligible to be registered as an elector under sections 20A to 20ZB of the Legislative Council Ordinance (Cap 542) or as a voter under the Schedule to the Chief Executive Election Ordinance (Cap 569); (L.N. 307 of 1999; L.N. 200 of 2001) (e) the identity document number of any natural person referred to in paragraph (a) or (d); (f) the name , address and business registration number of a body and the period for which a body has been operating; (g) information as to whether a body is a statutory body or a registered body within the meaning of section 20V of the Legislative Council Ordinance (Cap 542); and (L.N. 307 of 1999) (h) in the case of a trade union, the name and address of the trade union and the period for which it has been operating. (3) Subject to subsection (4), when the Electoral Registration Officer makes a requirement under this section, the body, public authority or other person of whom the requirement is made must furnish the required information within 30 days of the requirement being made. (L.N. 307 of 1999) (4) If the Electoral Registration Officer thinks it fit, that Officer may, in a particular case, extend the period referred to in subsection (3). If the period is so extended, the body, public authority or other person concerned must furnish the information within the extended period. (L.N. 307 of 1999) (5) For the avoidance of doubt, it is declared that the Electoral Registration Officer may make a requirement under this section only for the purpose of preparing a functional constituencies register or a subsector register. (6) A person may use information obtained under this section only for the purpose of preparing a register referred to in subsection (5) or in connection with an investigation or proceedings relating to an offence under this Regulation. (6A) In this section, the reference to the constitution of a body is a reference to the constitution either- (a) as in force on 3 October 1997; or (b) as subsequently amended or substituted, but only if the amendment or substitution, in so far as it relates to- (i) the objects of the body; (ii) the criteria and conditions of membership of the body; or (iii) the eligibility of members of the body to vote at a general meeting of the body, has been approved in writing by the Secretary for Constitutional and Mainland Affairs. (L.N. 200 of 2001; L.N. 130 of 2007) (7) In this section- "constitution" (章程), in relation to a body, includes articles of association and rules; (L.N. 200 of 2001) "prepare" (擬備) means compile, revise, correct or publish; "public authority" (公共主管當局) includes a public officer or a member of a public body within the meaning of the Interpretation and General Clauses Ordinance (Cap 1). "constitution" (章程) "prepare" (擬備) "public authority" (公共主管當局) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 10 Electoral Registration Officer may require personal particulars of persons to be registered as ex-officio members of Election Committee VerDate:05/10/2001 (1) For the purpose of preparing an Election Committee register, the Electoral Registration Officer may require a public authority within the meaning of section 9(7) to furnish information as to the personal particulars of any person who is- (L.N. 200 of 2001) (a) a Hong Kong deputy to the National People's Congress; or (b) a Member of the Legislative Council. (L.N. 307 of 1999) (2) Subject to subsection (3), a person of whom a requirement is made under subsection (1) must furnish the information within a period specified by the Electoral Registration Officer. (3) If the Electoral Registration Officer thinks it fit, that Officer may extend the period referred to in subsection (2) in any particular case. If the period is so extended, the person concerned must furnish the information within the extended period. (4) For the avoidance of doubt, it is declared that the Electoral Registration Officer may make a requirement under this section only for the purpose of preparing an Election Committee register. (L.N. 200 of 2001) (5) A person may use information obtained under this section only for the purpose of preparing an Election Committee register or in connection with an investigation or proceedings relating to an offence under this Regulation. (L.N. 200 of 2001) (6) In this section, "prepare" (擬備) means compile, revise, correct or publish. (L.N. 200 of 2001) "prepare" (擬備) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 11 Interpretation of Part IV VerDate:28/02/2003 PART IV NOTIFICATIONS (1) In this Part- "corresponding subsector" (對等界別分組) means- (a) subject to paragraphs (b), (ba), (c), (d) and (e), in relation to a functional constituency with the same name as a subsector, the subsector of that name; (L.N. 307 of 1999; 15 of 2000 s. 5) (b) in relation to the Education functional constituency, either the Higher Education subsector or the Education subsector, as may be appropriate; (ba) in relation to the Social Welfare functional constituency, subject to subsection (6)(a), the Social Welfare subsector; (15 of 2000 s. 5) (c) in relation to the Tourism functional constituency, either the Tourism subsector or the Hotel subsector, as may be appropriate; (L.N. 307 of 1999) (d) in relation to the Sports, Performing Arts, Culture and Publication functional constituency- (i) the Sports sub-subsector; (ii) the Performing Arts sub-subsector; (iii) the Culture sub-subsector; or (iv) the Publication sub-subsector, as may be appropriate having regard to section 12(2) of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (L.N. 307 of 1999; L.N. 200 of 2001) (e) in relation to the District Council functional constituency, either the Hong Kong and Kowloon District Councils subsector or the New Territories District Councils subsector, as may be appropriate; (L.N. 307 of 1999) "due date" (到期日), in relation to a notification, means- (L.N. 255 of 2002) (a) if the first 16 July that follows the sending of the notification falls in a District Council election year, that 16 July; or (b) in any other case, the first 16 May that follows the sending of the notification; (L.N. 307 of 1999; L.N. 255 of 2002) "existing geographical constituencies final register" (現有的地方選區正式選民登記冊), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the final register of electors for geographical constituencies compiled under section 32(1)(b)(i) or (1A)(b)(i) of the Legislative Council Ordinance (Cap 542) published in the preceding year and which is in effect under section 33 of that Ordinance, at the time of such compilation; (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) "listed subsector" (列明界別分組) means the- (a) Hong Kong Chinese Enterprises Association subsector; (b) Employers' Federation of Hong Kong subsector; and (L.N. 307 of 1999) (c) Chinese People's Political Consultative Conference subsector; (d)-(f) (Repealed L.N. 307 of 1999) "member" (議員), in relation to the Heung Yee Kuk, means the Chairman and Vice-Chairmen of the Heung Yee Kuk and Ex-Officio, Special and Co-opted Councillors of the Full Council of the Kuk; "optional subsector" (可選擇的界別分組) means the- (a) Hong Kong Chinese Enterprises Association subsector; (b) Employers' Federation of Hong Kong subsector; (c) Chinese People's Political Consultative Conference subsector; (L.N. 307 of 1999; 15 of 2000 s. 5) (d)-(f) (Repealed L.N. 307 of 1999) (g) Chinese Medicine subsector; and (L.N. 307 of 1999; 15 of 2000 s. 5) (h) (Repealed L.N. 307 of 1999) (i) subject to subsection (6)(b), the Social Welfare subsector; (15 of 2000 s. 5) "recipient" (收件人) means the person to whom a notification is sent. (L.N. 307 of 1999) (2) In this Part, in relation to a recipient, "elects not to be registered" (選擇不登記) means that the recipient gives a written notice- (a) to the Electoral Registration Officer; (b) so that it reaches that Officer on or before the due date; and (c) to the effect that the recipient does not elect to be registered- (i) as an elector or voter; or (ii) as an elector and voter, as the case may be, as stated in the notification. (3) Subject to subsection (4), for the purposes of this Part, "elects to be registered" (選擇登記) means that the recipient- (a) does not comply with the procedure specified in subsection (2); (b) does not respond to the notification; or (c) gives a written notice to the Electoral Registration Officer to reach that Officer on or before the due date, to the effect that the recipient wishes to be registered as proposed in the notification. (4) For the purposes of section 15(2)(b)(ii), (3)(b) and (5), a recipient is to be treated as having elected to be registered for the optional subsector or corresponding subsector (as may be applicable) only if the recipient gives a written notice to the Electoral Registration Officer to reach that Officer on or before the due date to the effect that the recipient wishes to be registered as a voter for that subsector. (L.N. 575 of 1997) (5) (Repealed L.N. 307 of 1999) (6) For the purpose of this Part and Part V- (a) a person is eligible to be registered as a voter for a corresponding subsector within the meaning of paragraph (ba) of the definition of "corresponding subsector" in subsection (1), if that person is eligible to be so registered by virtue of section 12(5)(a) or (b) of the Schedule to the Chief Executive Election Ordinance (Cap 569); (b) a person is eligible to be registered as a voter for an optional subsector within the meaning of paragraph (i) of the definition of "optional subsector" in subsection (1), if that person is eligible to be so registered by virtue of section 12(5)(c) or (d) of that Schedule. (15 of 2000 s. 5; L.N. 200 of 2001) "corresponding subsector" (對等界別分組) "due date" (到期日) "existing geographical constituencies final register" (現有的地方選區正式選民登記冊) "listed subsector" (列明界別分組) "member" (議員) "optional subsector" (可選擇的界別分組) "recipient" (收件人) "elects not to be registered" (選擇不登記) "elects to be registered" (選擇登記) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 12 Electoral Registration Officer may send notifications VerDate:28/02/2003 (1) To compile a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may send notifications in accordance with this Part. (2) Any notification under subsection (1) must be sent, by post- (L.N. 255 of 2002) (a) in the case of a functional constituencies provisional register or a subsector provisional register being compiled for a District Council election year, at least 14 days before 16 July in that year; or (b) in the case of a functional constituencies provisional register or a subsector provisional register being compiled for a year which is not a District Council election year, at least 14 days before 16 May in that year. (L.N. 307 of 1999; L.N. 255 of 2002) (3) A notification must be in writing and contain the name of the natural person to whom it is sent. (L.N. 200 of 2001) (4) (Repealed L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 13 Electoral Registration Officer may send notifications to members of Heung Yee Kuk to compile functional constituencies register VerDate:05/10/2001 (1)-(2) (Repealed L.N. 307 of 1999) (2A) To compile a functional constituencies provisional register, the Electoral Registration Officer may send a notification to a member of the Heung Yee Kuk who- (a) is registered in the existing geographical constituencies final register; (b) is not registered for the Heung Yee Kuk functional constituency in the existing functional constituencies final register; and (c) is eligible to be registered as an elector for the Heung Yee Kuk functional constituency. (L.N. 307 of 1999) (3)-(4) (Repealed L.N. 307 of 1999) (5) A notification sent under subsection (2A) must state that the recipient will be registered as an elector for the Heung Yee Kuk functional constituency, unless the recipient elects not to be registered. (L.N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 14 Electoral Registration Officer may send notifications to natural persons eligible to be registered as electors for functional constituencies VerDate:05/10/2001 (1) To compile a functional constituencies provisional register, the Electoral Registration Officer may send a notification to a natural person (not being a member of the Heung Yee Kuk) who- (a) is registered in the existing geographical constituencies final register; (b) is not registered for a functional constituency in the existing functional constituencies final register; and (c) appears to that Officer to be eligible to be registered as an elector for a functional constituency (excluding the Heung Yee Kuk functional constituency). (L.N. 307 of 1999) (2)-(4) (Repealed L.N. 307 of 1999) (5) A notification sent under subsection (1) must state that the recipient will be registered as an elector for the functional constituency which the Electoral Registration Officer determines to be the appropriate functional constituency (the name of which must be specified in the notification), unless the recipient- (a) elects not to be registered; or (b) applies under Part V to be registered as an elector for another functional constituency for which the recipient is eligible to be registered. (L.N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 15 Electoral Registration Officer may send notifications to natural persons eligible to be registered as voters for subsectors VerDate:28/02/2003 (1) To compile a subsector provisional register, the Electoral Registration Officer may send a notification to- (L.N. 200 of 2001) (a) (Repealed L.N. 307 of 1999) (b) a natural person who is registered in the existing geographical constituencies final register and who appears to that Officer to be eligible to be registered as an elector for a functional constituency; and (L.N. 307 of 1999; L.N. 200 of 2001) (c) a natural person who is registered in the existing geographical constituencies final register and who appears to that Officer to be eligible to be registered as a voter for a subsector, (whether or not the person is eligible to be registered as an elector for a functional constituency). (L.N. 307 of 1999; L.N. 200 of 2001) (d) (Repealed L.N. 307 of 1999) (e) (Repealed L.N. 200 of 2001) (2) A notification under subsection (1) may state one or more of the following as may be applicable to the recipient- (a) if the recipient appears to the Electoral Registration Officer to be eligible to be registered as a voter for a corresponding subsector but not an optional subsector, it may state that the recipient will be registered as a voter for the corresponding subsector, unless the recipient- (i) elects not to be registered; or (L.N. 255 of 2002) (ii) applies under Part V to be registered as a voter for an optional subsector for which the recipient is eligible to be registered; (b) subject to subsections (3) and (5), if the recipient appears to the Electoral Registration Officer to be eligible to be registered as a voter for a corresponding subsector and an optional subsector, it may state that the recipient will be registered as a voter for the corresponding subsector, unless the recipient- (L.N. 575 of 1997) (i) elects not to be registered; (ii) elects to be registered as a voter for that optional subsector; or (iii) applies under Part V to be registered as a voter for another optional subsector for which the recipient is eligible to be registered; (c) subject to subsection (4), if the recipient appears to the Electoral Registration Officer to be eligible to be registered as a voter for an optional subsector, but not eligible to be registered as an elector for a functional constituency with a corresponding subsector, it may state that the recipient will be registered as a voter for the optional subsector unless the recipient- (i) elects not to be registered; or (ii) applies under Part V to be registered as a voter for another optional subsector for which the recipient is eligible to be registered. (3) If a recipient under subsection (2)(b) appears to the Electoral Registration Officer to be eligible to be registered as a voter for an optional subsector which is also a listed subsector, the notification may state that the recipient will be registered as a voter for the listed subsector unless the recipient- (a) elects not to be registered; (b) elects to be registered as a voter for the corresponding subsector; or (c) applies under Part V to be registered as a voter for another optional subsector for which the recipient is eligible to be registered. (4) If a recipient under subsection (2)(c) appears to the Electoral Registration Officer to be eligible to be registered as a voter for an optional subsector which is also a listed subsector, the notification may state that the recipient will be registered as a voter for the listed subsector unless the recipient- (a) elects not to be registered; or (b) applies under Part V to be registered as a voter for another optional subsector or a corresponding subsector (if any) for which the recipient is eligible to be registered. (5) If a recipient under subsection (2)(b) appears to the Electoral Registration Officer to be eligible to be registered as a voter for the Heung Yee Kuk subsector, the notification must state that the recipient will be registered as a voter for that subsector unless the recipient elects to be registered for the optional subsector for which he or she is eligible to be registered. (6) A notification sent to a person who appears to the Electoral Registration Officer to be eligible to be registered as a voter for an optional subsector must state that the recipient may choose to be registered for any optional subsector for which the recipient is eligible to be so registered and that the choice will not affect the recipient's registration for a functional constituency. (L.N. 307 of 1999) (7) Where applicable, the Electoral Registration Officer may send one notification to a person for the purposes of this section and section 13 or 14. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 16 Electoral Registration Officer to register persons in the functional constituencies provisional register or subsector provisional register in accordance with response to a notification VerDate:28/02/2003 (1) If a recipient under section 13(5) elects to be registered, the Electoral Registration Officer must register that recipient as an elector for the Heung Yee Kuk functional constituency. (2) Subject to section 17, if a recipient under section 14(5) elects to be registered, the Electoral Registration Officer must register that recipient as an elector for the functional constituency specified in the notification, and, subject to section 15, as a voter for the corresponding subsector. (3) Subject to section 17, if a recipient under section 15(2)(a), (b) or (c), (3) or (4) elects to be registered, the Electoral Registration Officer must register that recipient as a voter for the corresponding subsector, optional subsector or listed subsector, as may be applicable. (4) If, under section 13(5) or section 14(5), a recipient- (a) elects not to be registered; or (b) informs the Electoral Registration Officer in writing that he or she is not or has ceased to be qualified to be registered as an elector for the functional constituency or as a voter for the subsector or both, as the case may be, for which the Electoral Registration Officer has proposed to register that recipient, (L.N. 255 of 2002) the Electoral Registration Officer must not register that recipient as an elector for the functional constituency or as a voter for the subsector. (5) If, under section 15(2)(a)(i), (b)(i) or (c)(i), (3)(a) or (4)(a), a recipient- (a) elects not to be registered; (b) elects to be registered for the corresponding subsector; or (c) informs the Electoral Registration Officer that he or she is not or has ceased to be qualified to be registered for the corresponding subsector, optional subsector or listed subsector, as the case may be, (L.N. 255 of 2002) the Electoral Registration Officer must not register that recipient as a voter for that optional subsector or listed subsector. (L.N. 575 of 1997) (6) Subject to section 12(10) of the Schedule to the Chief Executive Election Ordinance (Cap 569), if a recipient informs the Electoral Registration Officer, not later than the due date that he or she does not wish to be registered as an elector for a functional constituency or as a voter for a subsector, the Electoral Registration Officer must not so register that recipient. (L.N. 200 of 2001; L.N. 255 of 2002) (L.N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 17 Electoral Registration Officer to disregard notification where application for registration is made VerDate:05/10/2001 If a person makes an application for registration under Part V, the Electoral Registration Officer must determine the functional constituency or the subsector for which he, she or it is to be registered (if eligible) on the basis of that application, regardless of whether that person has or has not responded to a notification. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 18 When Electoral Registration Officer cannot register persons under a notification VerDate:28/02/2003 (1) If the Electoral Registration Officer is satisfied- (L.N. 255 of 2002) (a) in the case of a functional constituencies provisional register or a subsector provisional register being compiled for a District Council election year, not later than 16 July in that year; or (b) in the case of a functional constituencies provisional register or a subsector provisional register being compiled for a year which is not a District Council election year, not later than 16 May in that year, that a notification sent to a person has not reached that person, the Electoral Registration Officer must not register that person under this Part on the basis that he or she has elected to be registered (within the meaning of section 11(3)). (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) (2) (Repealed L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 19 How to apply for registration in functional constituencies provisional register and subsector provisional register VerDate:14/07/2006 PART V APPLICATIONS FOR REGISTRATION AND COMPILATION OF PROVISIONAL REGISTERS (1) The following applies in respect of an application by a person for registration in a functional constituencies provisional register or a subsector provisional register- (a) the application must be made to the Electoral Registration Officer to be received by that Officer- (ia) (Repealed L.N. 255 of 2002) (i) if the relevant provisional register is being compiled for a District Council election year, not later than 16 July in that year; or (L.N. 255 of 2002) (ii) if the relevant provisional register is being compiled for a year which is not a District Council election year, not later than 16 May in that year; (Repealed L.N. 200 of 2001. Added L.N. 255 of 2002) (b) the application must be made on the specified form; (c) the specified form must be completed in either Chinese or English; (d) in the case of a natural person seeking registration as an elector or voter, the application must be signed by that person; and (L.N. 307 of 1999) (e) in the case of a body seeking registration as an elector or voter, the application must be signed by a responsible person. (L.N. 307 of 1999) (f) (Repealed L.N 307 of 1999) (2) Subject to subsection (3), a person applying for registration as an elector for a functional constituency which has a corresponding subsector (within the meaning of section 11), must on the same specified form, apply for registration as a voter for that subsector. (L.N. 200 of 2001) (3) Subsection (2) does not apply if the person applying for registration as an elector for a functional constituency is eligible to be registered for an optional subsector (within the meaning of section 11) and has chosen to be registered as a voter for that subsector. (4) An application received by the Electoral Registration Officer for registration as an elector for a functional constituency or as a voter for a subsector- (L.N. 255 of 2002) (a) (Repealed L.N. 112 of 2006) (b) after 16 July in a District Council election year must be treated by that Officer as an application received on or before 16 May in the following year for registration in the functional constituencies provisional register or the subsector provisional register, as the case may be, to be compiled for that following year; or (L.N. 112 of 2006) (c) after 16 May in a year which is not a District Council election year must be treated by that Officer as an application received- (L.N. 112 of 2006) (i) on or before 16 July in the following, if that following year is a District Council election year, for registration in the functional constituencies provisional register or the subsector provisional register, as the case may be, to be compiled for that following year; or (ii) on or before 16 May in the following, if that following year is not a District Council election year, for registration in the functional constituencies provisional register or the subsector provisional register, as the case may be, to be compiled for that following year. (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; L.N. 112 of 2006) (5) (Repealed L.N. 200 of 2001) (6) (Repealed L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 20 A corporate elector or corporate voter to appoint an authorized representative VerDate:28/02/2003 (1) A person who applies for registration under this Part or elects to be registered under Part IV- (a) as a corporate elector in a functional constituencies provisional register must appoint a natural person as its authorized representative; or (b) as a corporate voter in a subsector provisional register must appoint a natural person as its authorized representative. (L.N. 200 of 2001) (2) The corporate elector or corporate voter must give notice of the appointment and the personal particulars of the authorized representative to the Electoral Registration Officer on the specified form for registration as such an elector or voter. That form must be sent to the Electoral Registration Officer to reach that Officer- (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) (a) in the case of a form for registration in a functional constituencies provisional register or a subsector provisional register being compiled for a District Council election year, not later than 16 July in that year; or (L.N. 255 of 2002) (b) in the case of a form for registration in a functional constituencies provisional register or a subsector provisional register being compiled for a year which is not a District Council election year, not later than 16 May in that year. (L.N. 255 of 2002) (3) An authorized representative appointed under subsection (1) must sign the specified form referred to in subsection (2) to declare that he or she- (a) is registered as an elector for a geographical constituency; or (b) is eligible and has applied to be so registered, as may be applicable. (4) A corporate elector or a corporate voter may, subject to subsections (5) and (6), from time to time replace an authorized representative appointed by it. (5) Subject to subsection (6), if a corporate elector or corporate voter replaces its authorized representative, notice (on the specified form) of the replacement and the personal particulars of the new authorized representative must be given to the Electoral Registration Officer to reach that Officer not later than 14 days before the polling date for the functional constituency or the subsector concerned. (L.N. 307 of 1999) (6) A replacement may be appointed after the time limit specified in subsection (5) only if the Electoral Registration Officer is satisfied that the authorized representative has died or has suffered a serious illness or has suffered physical or mental incapacity. Notice of the replacement and the personal particulars of the new authorized representative (on the specified form) must be given to the Electoral Registration Officer to reach that Officer not later than 3 working days before the polling date for the functional constituency or the subsector concerned. (L.N. 307 of 1999; L.N. 200 of 2001) (7) If- (a) the Electoral Registration Officer has under section 26(7) of the Legislative Council Ordinance (Cap 542) or section 13(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) refused to register as an authorized representative a person appointed under subsection (1), and no claim is made in relation thereto under section 31(2); or (L.N. 200 of 2001) (b) on a claim or objection, the Revising Officer rules that a person appointed as an authorized representative should not be registered as such, a substitute may, notwithstanding subsection (2), be appointed by the corporate elector or corporate voter concerned. Notice of the appointment and the personal particulars of the substitute authorized representative (on the specified form) must be given to the Electoral Registration Officer to reach that Officer not later than 14 days before the polling date for the functional constituency or subsector concerned. (L.N. 307 of 1999) (8) An authorized representative appointed as a replacement under subsection (5) or (6) or as a substitute under subsection (7) must sign the specified form to declare that he or she- (a) is registered as an elector for a geographical constituency; or (b) is eligible for such registration and has applied for registration in accordance with section 4(1) of the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation (Cap 541 sub. leg. A), (L.N. 307 of 1999) as may be applicable. (9) The Electoral Registration Officer must make the necessary alterations or entries in a register to reflect the appointment of a replacement or a substitute under this section as soon as practicable after receiving notice of the relevant appointment. (10) If the Electoral Registration Officer decides not to register as an authorized representative a person appointed as a replacement under subsection (5) or a substitute under subsection (7), that Officer must inform the corporate elector or corporate voter concerned of the decision within 3 days of making it. (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 21 Electoral Registration Officer to determine whether or not applicant is eligible for registration and may ask for additional information VerDate:28/02/2003 (1) When the Electoral Registration Officer receives an application for registration in a functional constituencies provisional register or a subsector provisional register, that Officer must, as soon as practicable, but subject to this section, determine either- (a) that the applicant is eligible to be registered; or (b) that the applicant is not eligible to be registered. (2) The Electoral Registration Officer may, before making a determination under subsection (1), require in writing the applicant to- (a) furnish in writing- (i) further particulars relating to the application as specified by the Electoral Registration Officer; or (ii) proof that the applicant is eligible to be registered; or (b) furnish in writing both such particulars and proof, within the specified period. (L.N. 307 of 1999; L.N. 200 of 2001) (3) When the Electoral Registration Officer makes a requirement under subsection (2), that Officer must also inform the applicant, in writing, that- (a) if the applicant does not furnish the particulars or proof within the specified period; or (b) if the Electoral Registration Officer is not satisfied with the furnished particulars or proof, that Officer may decide not to consider the application further. (4) If an applicant of whom a requirement is made under subsection (2)- (a) does not furnish the particulars or proof within the specified period; or (b) does not furnish particulars or proof to the satisfaction of the Electoral Registration Officer, that Officer may decide not to consider the application further. In any other case the Electoral Registration Officer must determine whether the applicant is eligible to be registered or not eligible to be registered. (5) If, on an application for registration in a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer is satisfied on reasonable grounds that the application is manifestly an abuse of the registration procedure, that Officer must not consider that application further. (L.N. 575 of 1997) (6) (a) If the Electoral Registration Officer is satisfied that- (i) an applicant for registration as an elector for a functional constituency is already registered as an elector for that functional constituency; or (ii) an applicant for registration as a voter for a subsector is already registered as a voter for that subsector, that Officer may decide not to consider the application further. (b) (Repealed L.N. 200 of 2001) (7) If the Electoral Registration Officer determines under subsection (1)(a) that an applicant is eligible to be registered, that Officer- (a) must also determine, the functional constituency or the subsector, as the case may be, for which to register the applicant; and (b) must record the applicant's personal particulars or relevant particulars under that functional constituency or subsector, as the case may be. (7A) If an applicant who is determined under this section to be eligible to be registered as an elector for a functional constituency has not applied for registration as a voter for a subsector, the Electoral Registration Officer- (a) must also determine whether the applicant is eligible to be registered as a voter for the corresponding subsector (within the meaning of section 11); and (b) must record under that corresponding subsector the personal particulars or relevant particulars of the applicant who is determined to be so eligible. (L.N. 200 of 2001) (8) When the Electoral Registration Officer determines that an applicant is eligible to be registered and the functional constituency or the subsector for which the applicant is to be registered, that Officer must inform the applicant in writing of the determination as soon as practicable. (9) If the Electoral Registration Officer determines under subsection (1)(b) that an applicant is not eligible to be registered, that Officer must inform the applicant in writing, by registered post, of the determination as soon as practicable. (10) If the Electoral Registration Officer makes a decision under subsection (4) not to consider an application further, that Officer must inform the applicant in writing, by registered post, of the decision as soon as practicable. (11) If the applicant is a body, the requirement under subsection (2) may be directed to the responsible person. (L.N. 200 of 2001) (12) In this section- (a) a reference to "registered" is to be construed as a reference to recording the personal particulars or relevant particulars of the applicant for a functional constituency or a subsector, as the case may be; (b) "specified period" (指明期間), in relation to a requirement made under subsection (2), means- (L.N. 255 of 2002) (i) if the first 25 July that follows the making of the requirement falls in a District Council election year, a period ending not later than that 25 July; or (ii) in any other case, a period ending not later than the first 25 May that follows the making of the requirement, specified by the Electoral Registration Officer. (L.N. 200 of 2001; L.N. 255 of 2002) "registered" "specified period" (指明期間) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 22 Electoral Registration Officer may make inquiries regarding persons registered in the existing functional constituencies or subsector final register VerDate:28/02/2003 (1) In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may, in accordance with this section, make inquiries that Officer considers fit, to ascertain- (L.N. 307 of 1999; L.N. 200 of 2001) (a) (i) in relation to the compilation of a functional constituencies provisional register, whether a natural person whose name is recorded in the existing functional constituencies final register- (A) is dead; (B) is not eligible to be registered under section 25, 27, 28, 29 or 30 of the Legislative Council Ordinance (Cap 542); or (C) is disqualified from being registered as an elector under section 31 of the Legislative Council Ordinance (Cap 542); (ii) in relation to the compilation of a subsector provisional register, whether a natural person whose name is recorded in the existing subsector final register- (A) is dead; or (B) is not eligible to be registered under section 12 of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (L.N. 307 of 1999; L.N. 200 of 2001) (b) whether the address recorded in the existing final register against a person's name is no longer that person's principal residential address. (2) In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may, in accordance with this section, make inquiries that Officer considers fit to ascertain whether a body whose relevant particulars are recorded in the existing final register is eligible to be registered in the functional constituencies provisional register or the subsector provisional register (as the case may be). (L.N. 307 of 1999; L.N. 200 of 2001) (3) An inquiry must be made in writing. It must be sent by registered post addressed to the person from whom it is made. (4) An inquiry under subsection (2) may be directed to the responsible person of the body concerned. (5) The Electoral Registration Officer may make an inquiry from a person whose name is recorded in an existing final register- (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) (a) in relation to the compilation of a functional constituencies provisional register or a subsector provisional register for a District Council election year, only on or before 30 June in that year; or (L.N. 255 of 2002) (b) in relation to the compilation of a functional constituencies provisional register or a subsector provisional register for a year which is not a District Council election year, only on or before 30 April in that year. (L.N. 255 of 2002) (6) The Electoral Registration Officer may make an inquiry from any other source that Officer considers appropriate, at any time. (7) Section 9(5) and (6) applies to an inquiry made under this section and information obtained under this section subject to necessary modifications. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 23 Electoral Registration Officer to determine whether persons registered in the existing functional constituencies or subsector final register are registered in the appropriate part VerDate:05/10/2001 (1) In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer must, having regard to the existing final register and to any information obtained under section 9 or 22, determine, in relation to a person whose name and other particulars are recorded in the existing final register, the appropriate part of the functional constituencies provisional register or the subsector provisional register, as the case may be, in which to register that person. (L.N. 307 of 1999; L.N. 200 of 2001) (2) The Electoral Registration Officer must inform a person, in writing, of the part in which that person is registered under subsection (1). (3) If, having regard to information obtained under section 9 or 22, the Electoral Registration Officer determines that a person referred to in subsection (1) is not eligible to be registered in a functional constituencies provisional register or a subsector provisional register, that Officer must inform that person in writing, by registered post. (L.N. 307 of 1999; L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 24 Electoral Registration Officer to prepare an omissions list VerDate:14/07/2006 (1) Subject to subsection (5), the Electoral Registration Officer must- (a) in compiling a functional constituencies provisional register, enter on a functional constituencies omissions list; (b) in compiling a subsector provisional register, enter on a subsector omissions list, the personal particulars of- (i) any natural person regarding whom the Electoral Registration Officer has made an inquiry under section 22(1) on or before the date referred to in section 22(5)(a) or (b), as the case may be, if the result of the inquiry was as follows- (L.N. 200 of 2001; L.N. 255 of 2002) (A) the information asked for was not received by the Electoral Registration Officer on or before the relevant date specified in subsection (7); (B) the person, in response to the inquiry, has informed the Electoral Registration Officer that he or she does not wish his or her personal particulars to be recorded in a register; (C) the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is dead; (D) the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is disqualified from being registered or is not qualified to be registered; (E) the Electoral Registration Officer is satisfied on reasonable grounds, notwithstanding any information to the contrary received by that Officer, that the person is dead; or (F) the Electoral Registration Officer is satisfied on reasonable grounds, notwithstanding any information to the contrary received by that Officer, that the person is disqualified from being registered or is not qualified to be registered; (ii) any person whose name is recorded in the existing final register, if the Registrar of Births and Deaths has informed the Electoral Registration Officer, on or before the relevant date specified in subsection (7), that the person is dead; and (iii) any person whose name or other particulars are recorded in the existing final register and whose name and principal residential address (within the meaning of section 2(1) of the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation (Cap 541 sub. leg. A)) are entered on the omissions list prepared for the current year under section 9 of that Regulation. (L.N. 307 of 1999) (2) (Repealed L.N. 200 of 2001) (3) If the Electoral Registration Officer has made an inquiry under section 22(2) on or before the date referred to in section 22(5)(a) or (b), as the case may be, regarding a body, and- (L.N. 255 of 2002) (i) the information asked for was not received by that Officer on or before the relevant date specified in subsection (7); or (ii) that Officer is satisfied on reasonable grounds, based on information received in response to the inquiry or otherwise or notwithstanding any information to the contrary received in response to the inquiry, that the body is no longer eligible to be registered as an elector or a voter, that Officer must, subject to subsection (5), enter- (a) on a functional constituencies omissions list the relevant particulars of the body that is no longer eligible to be registered as an elector; (b) on a subsector omissions list the relevant particulars of the body that is no longer eligible to be registered as a voter. (L.N. 307 of 1999) (3A) The Electoral Registration Officer must, in compiling an Election Committee provisional register, enter on an Election Committee omissions list the personal particulars of any person (other than an ex-officio member) whom that Officer is satisfied on reasonable grounds, on the date on which the relevant vacancy declaration within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) was made, as- (L.N. 112 of 2006) (a) being dead; (b) having resigned, or being deemed to have resigned, from the Election Committee under section 3 of the Schedule to the Chief Executive Election Ordinance (Cap 569); or (c) having ceased to be registered, or eligible to be registered, or having been disqualified from being registered, under the Legislative Council Ordinance (Cap 542) as an elector for a geographical constituency. (4) The Electoral Registration Officer must, in a manner that Officer considers appropriate, show on an omissions list, that the personal particulars or relevant particulars entered on the omissions list are those that, that Officer proposes to omit from- (a) in the case of a functional constituencies omissions list, the next functional constituencies final register; (b) in the case of a subsector omissions list, the next subsector final register; (L.N. 200 of 2001) (c) in the case of an Election Committee omissions list, the next Election Committee final register. (L.N. 200 of 2001) (5) The Electoral Registration Officer may enter on a functional constituencies omissions list or a subsector omissions list, the personal particulars or relevant particulars of a person referred to in- (a) subsection (1)(i)(A) or (3)(i), only if the inquiry was made from the person who is the subject of the inquiry; and that Officer has informed that person- (i) in writing, by registered post; and (ii) at the address recorded against the person's name in the existing final register and any other address that Officer considers appropriate, that the Electoral Registration Officer proposes to omit that person's name and other particulars from the next functional constituencies final register or the next subsector final register, as may be applicable, if the relevant information is not received by that Officer on or before the relevant date specified in subsection (7); and (b) subsection (1)(i)(B), only if the inquiry was made from the person who is the subject of the inquiry. (6) (Repealed L.N. 255 of 2002) (7) For the purposes of subsections (1)(i)(A) and (ii), (3)(i) and (5)(a), the relevant date is, in relation to the compilation of- (a) a functional constituencies provisional register or a subsector provisional register for a District Council election year, 16 July in that year; or (L.N. 255 of 2002) (b) a functional constituencies provisional register or a subsector provisional register for a year which is not a District Council election year, 16 May in that year. (L.N. 255 of 2002) (L.N. 307 of 1999; L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 25 Electoral Registration Officer to publish a notice that omissions list is available for public inspection VerDate:28/02/2003 (1) As soon as practicable after an omissions list is prepared, the Electoral Registration Officer- (a) must publish- (i) in the Gazette; and (ii) in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong, a notice to the effect that the personal particulars or relevant particulars of persons who are no longer eligible to have their names included in the relevant functional constituencies register, subsector register or Election Committee register, as the case may be, have been entered on the omissions list and specifying the times and the place at which the omissions list may be inspected; and (L.N. 200 of 2001) (b) must, for the relevant period referred to in subsection (2)- (i) keep the omissions list at that Officer's office; and (ii) at the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge. (L.N. 307 of 1999) (2) For the purposes of subsection (1)(b), the relevant period is- (aa) (Repealed L.N. 255 of 2002) (a) in the case of an omissions list prepared in compiling a functional constituencies provisional register or a subsector provisional register for- (i) a District Council election year, the period beginning on the date the notice under subsection (1)(a) is published and ending on 29 August in the same year; or (ii) a year which is not a District Council election year, the period beginning on the date the notice under subsection (1)(a) is published and ending on 29 June in the same year; or (L.N. 255 of 2002) (b) in the case of an Election Committee omissions list, the period beginning on the date the notice under subsection (1)(a) is published and ending on the seventh day after that date. (Repealed L.N. 200 of 2001. Added L.N. 255 of 2002) (3) The relevant period referred to in subsection (2) is the period prescribed for the purposes of section 32(6) of the Legislative Council Ordinance (Cap 542) and sections 4(6) and 14(6) of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 26 Electoral Registration Officer to correct entries in existing final register in compiling next provisional register VerDate:14/07/2006 (1) A person whose name and other particulars are recorded in the existing final register may make a written request of the Electoral Registration Officer to alter the entry relating to that person and supply information as to how it should be altered. (2) If the Electoral Registration Officer- (a) receives a request under subsection (1), during the relevant period specified in subsection (5); and (b) is satisfied that the entry is incorrect and should be corrected, that Officer must, when compiling the next functional constituencies provisional register, the next subsector provisional register or the next Election Committee provisional register (as the case may be), record in the appropriate place in the register the particulars of the person corrected in accordance with the information supplied. If the Electoral Registration Officer is satisfied that the entry is correct, that Officer must not alter it. (L.N. 200 of 2001) (3) If it appears to the Electoral Registration Officer, from information obtained during the relevant period specified in subsection (5), as a result of an inquiry or otherwise, that a particular in an entry in the existing final register is incorrect, that Officer may, when compiling the next functional constituencies provisional register, the next subsector provisional register or the next Election Committee provisional register (as the case may be), record the corrected particular in the appropriate place in the register. (L.N. 200 of 2001) (4) If the Electoral Registration Officer makes a correction under subsection (2) or (3) that Officer must inform the person concerned of the correction in writing. If the Electoral Registration Officer decides not to alter an entry when requested to do so under subsection (1), that Officer must notify the person concerned, by registered post, of the decision. (5) For the purposes of subsections (2) and (3), the relevant period is, in relation to the compilation of- (a) (Repealed L.N. 112 of 2006) (b) any functional constituencies provisional register or any subsector provisional register for- (L.N. 112 of 2006) (i) a District Council election year, after 29 June in the preceding year but not later than 16 July in the current year; or (ii) a year which is not a District Council election year- (A) after 29 August in the preceding year, if that preceding year is a District Council election year, but not later than 16 May in the current year; or (B) after 29 June in the preceding year, if that preceding year is not a District Council election year, but not later than 16 May in the current year; or (Repealed L.N. 307 of 1999. Added L.N. 255 of 2002) (ba) (Repealed L.N. 200 of 2001) (c)-(d) (Repealed L.N. 255 of 2002) (e) an Election Committee provisional register ("the first-mentioned Election Committee provisional register")- (L.N. 255 of 2002) (i) if an Election Committee provisional register has been published during the term of office of the Election Committee, after the seventh day after the date on which such a provisional register was last published but not later than the date on which the relevant vacancy declaration within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) was made in relation to the compilation of the first-mentioned Election Committee provisional register; or (ii) if no Election Committee provisional register has been published during the term of office of the Election Committee, not later than the date on which the relevant vacancy declaration within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) was made in relation to the compilation of the first-mentioned Election Committee provisional register. (L.N. 200 of 2001; L.N. 255 of 2002; L.N. 112 of 2006) (6) If the elector referred to in subsection (1) is a body, the request must be signed on its behalf by the responsible person. The Electoral Registration Officer may send any communication referred to in subsection (4) to the responsible person. (L. N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 27 What is to be contained in a functional constituencies provisional register VerDate:14/07/2006 A functional constituencies provisional register is to consist of the following- (L.N. 200 of 2001) (a) subject to sections 24 and 26, the personal particulars and relevant particulars recorded in the existing functional constituencies final register; (b) if the personal particulars or relevant particulars of a person are corrected under section 31(9)(a), those particulars as corrected; (c) the personal particulars or relevant particulars of- (i) persons whom the Electoral Registration Officer has registered under Part IV- (L.N. 255 of 2002) (A) (Repealed L.N. 112 of 2006) (B) in the case of any functional constituencies provisional register to be compiled for- (L.N. 112 of 2006) (I) a District Council election year, during the period beginning on 17 May in the preceding year and ending on 16 July in the current year; or (II) a year which is not a District Council election year- (aa) during the period beginning on 17 July in the preceding year, if that preceding year is a District Council election year, and ending on 16 May in the current year; or (bb) during the period beginning on 17 May in the preceding year, if that preceding year is not a District Council election year, and ending on 16 May in the current year; and (L.N. 255 of 2002) (ii) persons whom the Electoral Registration Officer has determined under Part V to be eligible to be registered in the functional constituencies provisional register, on applications received by that Officer- (L.N. 255 of 2002) (A) (Repealed L.N. 112 of 2006) (B) in the case of any functional constituencies provisional register to be compiled for- (L.N. 112 of 2006) (I) a District Council election year, during the period beginning on 17 May in the preceding year and ending on 16 July in the current year; or (II) a year which is not a District Council election year- (aa) during the period beginning on 17 July in the preceding year, if that preceding year is a District Council election year, and ending on 16 May in the current year; or (bb) during the period beginning on 17 May in the preceding year, if that preceding year is not a District Council election year, and ending on 16 May in the current year; and (L.N. 255 of 2002) (iii) (Repealed L.N. 307 of 1999) (d) the names of authorized representatives which have been furnished to the Electoral Registration Officer. (L.N. 307 of 1999) (L.N. 307 of 1999; L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 28 What is to be contained in a subsector provisional register VerDate:14/07/2006 (1) A subsector provisional register is to consist of the following- (L.N. 200 of 2001) (aa) subject to sections 24 and 26, the personal particulars and relevant particulars recorded in the existing subsector final register; (L.N. 307 of 1999) (ab) if the personal particulars or relevant particulars of a person are corrected under section 31(9)(a), those particulars as corrected; (L.N. 200 of 2001) (a) the personal particulars or relevant particulars of- (i) persons whom the Electoral Registration Officer has registered under Part IV- (A) (Repealed L.N. 112 of 2006) (B) in the case of any subsector provisional register to be compiled for- (L.N. 112 of 2006) (I) a District Council election year, during the period beginning on 17 May in the preceding year and ending on 16 July in the current year; or (II) a year which is not a District Council election year- (aa) during the period beginning on 17 July in the preceding year, if that preceding year is a District Council election year, and ending on 16 May in the current year; or (bb) during the period beginning on 17 May in the preceding year, if that preceding year is not a District Council election year, and ending on 16 May in the current year; and (L.N. 255 of 2002) (ii) persons whom the Electoral Registration Officer has determined under Part V to be eligible to be registered in the subsector provisional register, on applications received by that Officer- (L.N. 200 of 2001) (A) (Repealed L.N. 112 of 2006) (B) in the case of any subsector provisional register to be compiled for- (L.N. 112 of 2006) (I) a District Council election year, during the period beginning on 17 May in the preceding year and ending on 16 July in the current year; or (II) a year which is not a District Council election year- (aa) during the period beginning on 17 July in the preceding year, if that preceding year is a District Council election year, and ending on 16 May in the current year; or (bb) during the period beginning on 17 May in the preceding year, if that preceding year is not a District Council election year, and ending on 16 May in the current year; and (L.N. 255 of 2002) (C) (Repealed L.N. 255 of 2002) (b) the names of authorized representatives which have been furnished to the Electoral Registration Officer. (L.N. 307 of 1999) (2) The Electoral Registration Officer must not include in a subsector provisional register the personal particulars or relevant particulars of- (L.N. 200 of 2001; L.N. 255 of 2002) (a) a person who is not registered in the existing geographical constituencies final register; or (b) a person who is not registered for a functional constituency in the existing functional constituencies final register, unless that person is to be registered for an optional subsector in the subsector provisional register. (L.N. 307 of 1999) (2A) (Repealed L.N. 255 of 2002) (3) In this section, "existing geographical constituencies final register" (現有的地方選區正式選民登記冊) and "optional subsector" (可選擇的界別分組) have the meanings assigned to them by section 11. (L.N. 307 of 1999) "existing geographical constituencies final register" (現有的地方選區正式選民登記冊) and "optional subsector" (可選擇的界別分組) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 28A What is to be contained in an Election Committee provisional register VerDate:05/10/2001 Subject to sections 24 and 26, an Election Committee provisional register is to consist of the specified particulars recorded in the existing Election Committee final register. (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 29 Electoral Registration Officer to publish a notice that provisional register is available for public inspection VerDate:28/02/2003 (1) The Electoral Registration Officer must publish- (L.N. 255 of 2002) (a) every year- (i) in the case of a functional constituencies provisional register or a subsector provisional register compiled for a District Council election year, not later than 15 August; or (ii) in the case of a functional constituencies provisional register or a subsector provisional register compiled for a year which is not a District Council election year, not later than 15 June; or (L.N. 255 of 2002) (b) (Repealed L.N. 200 of 2001) (c) (Repealed L.N. 255 of 2002) (d) in the case of an Election Committee provisional register, not later than the date by which the provisional register is required to be compiled under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap 569), (L.N. 200 of 2001) in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong, a notice which complies with subsection (2). (L.N. 307 of 1999; L.N. 255 of 2002) (2) A notice under subsection (1) must specify that- (a) a copy of the functional constituencies provisional register, a copy of the subsector provisional register or a copy of the Election Committee provisional register (as the case may be) is available for public inspection during ordinary business hours during the relevant period referred to in subsection (3); and (b) the place or places at which a copy of the functional constituencies provisional register, a copy of the subsector provisional register or a copy of the Election Committee provisional register may be so inspected by the public. (3) The Electoral Registration Officer must make available for public inspection, a copy of the relevant provisional register- (a) in the case of a functional constituencies provisional register or a subsector provisional register compiled for- (i) a District Council election year, during the period beginning on the date the notice under subsection (1) is published and ending on 29 August in the same year; or (ii) a year which is not a District Council election year, during the period beginning on the date the notice under subsection (1) is published and ending on 29 June in the same year; or (L.N. 255 of 2002) (ab) in the case of an Election Committee provisional register, during the period beginning on the date the notice under subsection (1) is published and ending on the seventh day after that date, (L.N. 200 of 2001; L.N. 255 of 2002) (b) (Repealed L.N. 255 of 2002) (c) (Repealed L.N. 200 of 2001) at the place or places specified in the notice during ordinary business hours. (4) The Electoral Registration Officer may make available for public inspection, a copy of a specific part of the functional constituencies provisional register, the subsector provisional register or the Election Committee provisional register at a place additional to a place specified in a notice published under this section, if that Officer considers it appropriate to do so. The Electoral Registration Officer may determine the period during which and the times at which it may be so inspected. (5) The Electoral Registration Officer may require a person who wishes to inspect a copy of the functional constituencies provisional register, the subsector provisional register or the Election Committee provisional register, or a copy of a part of those registers, to produce his or her identity document to that Officer and complete a form furnished by the Officer. (5A) Publication of a notice under subsection (1), relating to a functional constituencies provisional register, is to be treated as the publication of the functional constituencies provisional register for the purposes of section 32(1)(a)(ii) or (1A)(a)(ii), as the case may be, of the Legislative Council Ordinance (Cap 542). (L.N. 255 of 2002) (6) Publication of a notice under subsection (1), relating to a subsector provisional register, is to be treated as the publication of the subsector provisional register for the purposes of section 14(1)(a) or (1A)(a), as the case may be, of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 200 of 2001; L.N. 255 of 2002) (7) Publication of a notice under subsection (1), relating to an Election Committee provisional register, is to be treated as the publication of the Election Committee provisional register for the purposes of section 4(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 200 of 2001) (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 30 Person may object to registration of registered person in the register VerDate:28/02/2003 PART VI NOTICE OF OBJECTION, NOTICE OF CLAIM, NOTICE OF APPEAL AND CORRECTION OF PROVISIONAL REGISTER (L.N. 200 of 2001) (1) A person who considers- (a) that a registered person is not eligible to be registered- (i) as an elector, a voter or an authorized representative; or (ii) in the part in which that person's personal particulars or relevant particulars as the case may be, are recorded; or (b) that a person who has been registered, as a member of the Election Committee or as an authorized representative has been wrongly so registered, may object to the registration of that person in the relevant final register by lodging a notice ("notice of objection") in accordance with subsection (2). (2) A notice of objection must be- (a) in the specified form; (b) addressed to the Electoral Registration Officer; and (c) subject to subsection (4), delivered by the objector in person at the office of the Electoral Registration Officer- (i) if the objection relates to a person registered in a functional constituencies provisional register or a subsector provisional register compiled for- (A) a District Council election year, not later than 29 August in that year; or (B) a year which is not a District Council election year, not later than 29 June in that year; or (Repealed L.N. 307 of 1999. Added L.N. 255 of 2002) (ia) (Repealed L.N. 200 of 2001) (ib) (Repealed L.N. 255 of 2002) (ii) if the objection relates to a person registered in an Election Committee provisional register, not later than the seventh day after the date of publication of the relevant Election Committee provisional register. (L.N. 255 of 2002) (3) The Electoral Registration Officer may require any person who lodges a notice of objection to identify himself or herself by such means as that Officer considers appropriate. (L.N. 575 of 1997) (4) If the person objecting to the registration under subsection (1) is a body, the notice of objection can be signed on its behalf by a responsible person. In such a case the notice of objection must be delivered under subsection (2), by that person. (5) In this section, "registered person" (已登記的人) means a person whose personal particulars or relevant particulars are recorded in a functional constituencies provisional register or a subsector provisional register. (L.N. 200 of 2001) "registered person" (已登記的人) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 31 Who may lodge a notice of claim VerDate:28/02/2003 (1) Any person (except an authorized representative)- (a) who has been determined by the Electoral Registration Officer under Part V to be not eligible to be registered as an elector or voter; (b) whose application for registration was not considered further by the Electoral Registration Officer under section 21(4); or (c) who- (i) has made an application for registration as an elector or voter; and (ii) is not a person described in paragraph (a) or (b), but whose personal particulars or relevant particulars are not recorded in the functional constituencies provisional register or the subsector provisional register (as may be applicable), may claim that he or she or in the case of a body, it, is entitled to be registered as an elector or voter. (2) If the Electoral Registration Officer has under section 26(7) of the Legislative Council Ordinance (Cap 542) or section 13(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) refused to register a person as an authorized representative- (L.N. 200 of 2001) (a) that person may make a claim that he or she is entitled to be registered as an authorized representative; or (b) the corporate elector or the corporate voter who appointed the person as an authorized representative may make a claim that he or she is entitled to be registered as such. (3) Any person whose personal particulars or relevant particulars in an entry are included in an omissions list may claim that he or she is entitled to be registered in the relevant functional constituencies final register, subsector final register or Election Committee final register (as the case may be). (L.N. 307 of 1999; L.N. 200 of 2001) (4) Any person (other than a person referred to in subsection (2)) whose personal particulars, relevant particulars or specified particulars are recorded in a part or section of a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register, may claim that he or she or in the case of a body, it, is entitled to have his, her or its personal particulars, relevant particulars or specified particulars, as the case may be, recorded in a different part or section of the relevant register. (L.N. 200 of 2001) (5) Any person whose request under section 26(1) to alter a particular in an entry relating to that person has been refused by the Electoral Registration Officer may make a claim to have that particular altered as requested. (6) Any person whose particulars in an entry have been altered by the Electoral Registration Officer under section 26(3) may make a claim objecting to the alteration. (7) A claim under this section is to be made- (a) by a notice in the specified form ("notice of claim"); and (b) addressed to the Electoral Registration Officer. (8) Subject to subsection (12), a notice of claim must be delivered by the claimant in person at the office of the Electoral Registration Officer- (a) if the claim relates to a functional constituencies register or a subsector register compiled, or an omissions list prepared in compiling a functional constituencies provisional register or a subsector provisional register, for- (i) a District Council election year, not later than 29 August in that year; or (ii) a year which is not a District Council election year, not later than 29 June in that year; or (Repealed L.N. 307 of 1999. Added L.N. 255 of 2002) (aa) (Repealed L.N. 200 of 2001) (ab) (Repealed L.N. 255 of 2002) (b) if the claim relates to an Election Committee register or an Election Committee omissions list, not later than the seventh day after the date of publication of the relevant Election Committee provisional register. (L.N. 255 of 2002) (9) If the Electoral Registration Officer receives a claim after the deadline referred to in subsection (8)(a)(i) or (ii), that Officer may, having regard to the nature of the claim, treat it- (L.N. 307 of 1999; L.N. 255 of 2002) (a) as a request for alteration of registered particulars relating to a person for the purpose of compiling the next functional constituencies provisional register or the next subsector provisional register (as the case may be); or (b) as a claim, for the purpose of compiling the functional constituencies final register or the subsector final register (as the case may be) for the year following that in which the claim is submitted. (L.N. 200 of 2001) (10) If the Electoral Registration Officer treats a claim as a request as described in subsection (9)(a), section 26(2), (4) and (5)(a) and (b) applies. If the Electoral Registration Officer treats a claim in the manner described in subsection (9)(b), it must be referred to the Revising Officer. (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) (11) The Electoral Registration Officer may require any person who delivers a notice of claim to identify himself or herself by such means as that Officer considers appropriate. (12) If the person referred to in subsection (1) is a body, the claim can be signed on its behalf by a responsible person. In such a case the notice of claim must be delivered under subsection (8) by that person. (13) If a person, subsequent to making a claim referred to in subsection (9), makes any further claim or application, the latest claim or application, as the case may be, prevails. ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 31A A corporate elector or corporate voter may appeal against decision not to register replacement or substitute VerDate:05/10/2001 (1) A corporate elector or corporate voter who is dissatisfied with the decision of the Electoral Registration Officer not to register as an authorized representative a person appointed by it as a replacement under section 20(5) or as a substitute under section 20(7) may appeal against the decision by lodging a notice ("notice of appeal") in accordance with subsection (2). (2) A notice of appeal must be- (a) in the specified form; (b) addressed to the Electoral Registration Officer; (c) signed on behalf of the corporate elector or corporate voter by a responsible person; and (d) delivered by the responsible person in person at the office of the Electoral Registration Officer not later than 11 days before the polling date for the functional constituency or subsector concerned. (3) If the Electoral Registration Officer receives an appeal after the deadline referred to in subsection (2)(d), that Officer must comply with section 32(3)(b) in relation to the appeal. (4) The Electoral Registration Officer may require any person who delivers a notice of appeal to identify himself or herself by such means as that Officer considers appropriate. (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 32 Electoral Registration Officer to deliver copies of notices of objection, notices of claim and notices of appeal to Revising Officer VerDate:28/02/2003 (1) The Electoral Registration Officer must deliver to the Revising Officer, in accordance with this section, a copy of each notice of objection, notice of claim or notice of appeal received by the Electoral Registration Officer. The copies of those notices may be delivered in one or more batches as the Electoral Registration Officer considers appropriate. (2) The copy of a notice of objection and notice of claim must be delivered- (a) (Repealed L.N. 307 of 1999) (aa) (Repealed L.N. 200 of 2001) (ab) in the case of a notice received in respect of a functional constituencies register or a subsector register compiled, or an omissions list prepared in compiling a functional constituencies provisional register or a subsector provisional register, for- (i) a District Council election year, not later than 2 September in that year; or (ii) a year which is not a District Council election year, not later than 2 July in that year; or (L.N. 255 of 2002) (ac) in the case of a notice received in respect of an Election Committee register or an Election Committee omissions list, not later than the tenth day after the date of publication of the relevant Election Committee provisional register. (L.N. 200 of 2001) (b) (Repealed L.N. 255 of 2002) (3) The copy of a notice of appeal must be delivered- (a) in the case of a notice received by the Electoral Registration Officer not later than 11 days before the polling date for the functional constituency or subsector concerned, not later than 8 days before that polling date; or (b) in the case of a notice received by the Electoral Registration Officer after the deadline referred to in section 31A(2)(d)- (L.N. 255 of 2002) (i) if the first 2 September that follows the second day after the day on which the notice is so received falls in a District Council election year, not later than that 2 September; or (ii) in any other case, not later than the first 2 July that follows the second day after the day on which the notice is so received. (L.N. 200 of 2001) (L.N. 200 of 2001; L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 33 Electoral Registration Officer to correct entries in provisional register in compiling final register VerDate:14/07/2006 (1) A natural person whose name or a body whose name is or is to be recorded in a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register may make a written request of the Electoral Registration Officer to make an alteration in relation to the particulars recorded or to be recorded for him, her or it or the part in which they are or are to be recorded and supply information regarding the requested alteration. (L.N. 307 of 1999) (2) If the Electoral Registration Officer- (a) receives a request under subsection (1), during the relevant period specified in subsection (10)(a); and (b) is satisfied that an alteration should be made, that Officer must, when compiling the relevant final register, record in the appropriate place in that register the particulars of the person corrected (if a correction is necessary) in accordance with the information supplied. If the Electoral Registration Officer is satisfied that an alteration is not necessary, that Officer must not make any. (3) If it appears to the Electoral Registration Officer, from information obtained not later than the relevant date specified in subsection (10)(b), as a result of an inquiry under section 22 or otherwise, that a particular in an entry in a functional constituencies provisional register or a subsector provisional register is incorrect, that Officer may, when compiling the next functional constituencies final register or the next subsector final register (as the case may be), record the corrected particular in the appropriate place in that register. (4) (Repealed L.N. 255 of 2002) (5) If the Electoral Registration Officer makes a decision under subsection (2) or (3) that Officer must inform the person concerned in writing. If the Electoral Registration Officer decides not to make an alteration when requested to do so under subsection (1), that Officer must notify the person concerned, by registered post, of the decision. (6) Where a request under this section is received by the Electoral Registration Officer in relation to a functional constituencies register, a subsector register or an Election Committee register after the last date of the relevant period specified in subsection (10)(a), that Officer may consider it only for the purpose of compiling the next functional constituencies provisional register, the next subsector provisional register or the next Election Committee provisional register (as the case may be). (7) Section 26(2) and (4) applies to a request considered by the Electoral Registration Officer under subsection (6) as if the request was received by that Officer- (a) in relation to the compilation of a functional constituencies provisional register or a subsector provisional register- (i) on or before 16 July in the year following the year in which the request was made in relation to the existing final register for that following year, if that following year is a District Council election year; or (ii) on or before 16 May in the year following the year in which the request was made in relation to the existing final register for that following year, if that following year is not a District Council election year; or (L.N. 255 of 2002) (b) in relation to the compilation of an Election Committee provisional register, on or before the date on which the relevant vacancy declaration within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) was made in relation to such compilation. (L.N. 112 of 2006) (8) Where the Electoral Registration Officer decides not to make an alteration requested by a person within the relevant period specified in subsection (10)(a), that Officer must refer the matter to the Revising Officer. The reference must be treated by the Electoral Registration Officer as a claim under section 31 made by the person requesting the alteration. (9) If the person referred to in subsection (1) is a body, the request may be signed on its behalf by a responsible person. (10) For the purposes of- (a) subsections (2), (6) and (8), the relevant period is, in relation to the compilation of- (i) a functional constituencies final register or a subsector final register for- (A) a District Council election year, after 16 July but not later than 29 August in that year; or (B) a year which is not a District Council election year, after 16 May but not later than 29 June in that year; or (ii) an Election Committee final register, after he date on which the date on which the relevant vacancy declaration within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap 569) was made was made in relation to the compilation of the relevant Election Committee provisional register but not later than the seventh day after the date of publication of that provisional register; or (L.N. 112 of 2006) (b) subsection (3), the relevant date is, in relation to the compilation of a functional constituencies final register or a subsector final register for- (i) a District Council election year, 29 August in that year; or (ii) a year which is not a District Council election year, 29 June in that year. (L.N. 255 of 2002) (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 34 Electoral Registration Officer to correct entries in provisional register with approval of Revising Officer VerDate:28/02/2003 (1) If the Electoral Registration Officer is satisfied that- (a) an entry in a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register is incorrect; (b) an additional entry ought to be made in a functional constituencies final register, a subsector final register or an Election Committee final register; or (c) a person (including an authorized representative) whose personal particulars, relevant particulars or specified particulars are recorded in a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register is no longer eligible to be registered in that register or in the part in which he, she or it is registered, that Officer may, subject to subsection (2), in compiling the relevant final register, correct the entry, make the additional entry or remove the entry, as may be appropriate. (2) The Electoral Registration Officer must not take any action under subsection (1) unless that Officer- (a) has obtained the approval of the Revising Officer for the proposed correction, addition or removal- (i) in relation to a functional constituencies final register or a subsector final register being compiled for- (A) a District Council election year, not later than 11 September in that year; or (B) a year which is not a District Council election year, not later than 11 July in that year; or (Repealed L.N. 307 of 1999. Added L.N. 255 of 2002) (ia) in relation to an Election Committee final register, not later than the twentieth day after the date of publication of the relevant Election Committee provisional register; and (L.N. 200 of 2001; L.N. 255 of 2002) (ii) (Repealed L.N. 255 of 2002) (iii) (Repealed L.N. 200 of 2001) (b) has thereafter sent a notice by registered post to the person concerned at the last known address of that person informing the person of the proposed correction, addition or removal, as the case may be. (3) For the avoidance of doubt it is stated that the requirement to obtain the approval of the Revising Officer does not apply to any correction by the Electoral Registration Officer under section 32(3) of the Legislative Council Ordinance (Cap 542) or section 14(2) or 42(1) of the Schedule to the Chief Executive Election Ordinance (Cap 569). (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 35 What is to be contained in a functional constituencies final register VerDate:14/07/2006 PART VII INTERIM REGISTER AND FINAL REGISTERS (L.N. 112 of 2006) (1) A functional constituencies final register is to consist of the following- (a) subject to subsections (2) and (3), the personal particulars and relevant particulars contained in the functional constituencies provisional register for the year for which the final register is being compiled, as corrected, where appropriate, under section 33 or 34; (b) the personal particulars and relevant particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person or an appeal made by the corporate elector concerned; and (c) the additions, if any, under section 34(1)(b). (2) The Electoral Registration Officer must not include in a functional constituencies final register the personal particulars or relevant particulars of the following persons- (a) any person in respect of whose registration an objection has been made and the Revising Officer has allowed the objection; (b) any person whose claim has not been allowed by the Revising Officer; (ba) any person in respect of whose registration an appeal has been made and the Revising Officer has not allowed the appeal; and (L.N. 200 of 2001) (c) any person whose personal particulars or relevant particulars have been included in a functional constituencies omissions list and who has not made a claim in respect of it or who has made a claim but the claim has not been allowed by the Revising Officer. (L.N. 307 of 1999) (3) If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the part in which the person is to be registered, the Electoral Registration Officer must ensure that the person's personal particulars or relevant particulars, as the case may be, are recorded in that part. (4) If, on an objection or a claim made by a person, the Revising Officer has made a ruling on the personal particulars or relevant particulars of a person, the Electoral Registration Officer must ensure that those particulars are corrected and recorded in accordance with the ruling. (5) In relation to the functional constituencies final register to be compiled for- (L.N. 255 of 2002) (a) a District Council election year, only decisions made by the Revising Officer during the period beginning on 15 August and ending on 11 September in that year; or (b) a year which is not a District Council election year, only decisions made by the Revising Officer during the period beginning on 15 June and ending on 11 July in that year, are to be taken into account for the purposes of subsection (1)(b), (2), (3) or (4). (L.N. 307 of 1999; L.N. 255 of 2002) (L.N. 200 of 2001) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 36 What is to be contained in a subsector final register VerDate:28/02/2003 (1) A subsector final register is to consist of the following- (a) subject to subsections (2) and (3), the personal particulars and relevant particulars contained in the subsector provisional register for the year for which the final register is being compiled, as corrected, where appropriate, under section 33 or 34; (b) the personal particulars and relevant particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person or an appeal made by the corporate voter concerned; and (c) the additions, if any, under section 34(1)(b). (L.N. 307 of 1999; L.N. 200 of 2001) (2) The Electoral Registration Officer must not include in a subsector final register the personal particulars or relevant particulars of the following persons- (L.N. 200 of 2001) (a) any person in respect of whose registration an objection has been made and the Revising Officer has allowed the objection; (b) any person whose claim has not been allowed by the Revising Officer; (ba) any person in respect of whose registration an appeal has been made and the Revising Officer has not allowed the appeal; and (L.N. 200 of 2001) (c) any person whose personal particulars or relevant particulars have been included in a subsector omissions list and who has not made a claim in respect of it or who has made a claim but the claim has not been allowed by the Revising Officer. (L.N. 307 of 1999) (3) If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the part or subsector in which the person is to be registered, the Electoral Registration Officer must ensure that the person's personal particulars or relevant particulars, as the case may be, are recorded in that part or subsector. (4) If, on an objection or a claim made by a person, the Revising Officer has made a ruling on the personal particulars or relevant particulars of a person, the Electoral Registration Officer must ensure that those particulars are corrected and recorded in accordance with the ruling. (5) In relation to the subsector final register to be compiled for- (L.N. 255 of 2002) (a) a District Council election year, only decisions made by the Revising Officer during the period beginning on 15 August and ending on 11 September in that year; or (b) a year which is not a District Council election year, only decisions made by the Revising Officer during the period beginning on 15 June and ending on 11 July in that year, are to be taken into account for the purposes of subsection (1)(b), (2), (3) or (4). (L.N. 200 of 2001; L.N. 255 of 2002) (L.N. 307 of 1999) ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 37 What is to be contained in an Election Committee interim register and an Election Committee final register VerDate:14/07/2006 What is to be contained in an Election Committee interim register and an Election Committee final register (L.N. 112 of 2006) (1) An Election Committee interim register is to consist of the following- (L.N. 112 of 2006) (a) the specified particulars of persons who have been declared under section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap 569) to be members of the Election Committee; (b) the specified particulars of persons who have been declared to be duly elected for a subsector for which an Election Committee subsector election is required to be held under the Schedule to the Chief Executive Election Ordinance (Cap 569); and (c) the specified particulars of persons registered as ex-officio members under sections 2(8) and 41(3) of the Schedule to the Chief Executive Election Ordinance (Cap 569) other than those removed under section 41(2) of that Schedule. (L.N. 307 of 1999) (1A) An Election Committee final register required to be compiled under section 40(2) or (3) of the Schedule to the Chief Executive Election Ordinance (Cap 569) is to consist of the following- (a) subject to subsections (1C) and (1D)(a), the specified particulars contained in the relevant Election Committee provisional register, as corrected, where appropriate, under section 33 or 34; (b) the specified particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person; (c) the additions, if any, under section 34(1)(b); and (d) the specified particulars of the following persons, as may be applicable- (i) persons who are nominees under section 7(2) of the Schedule to the Chief Executive Election Ordinance (Cap 569) and who have been declared under section 7(8) of that Schedule to be members of the Election Committee; (ii) persons who have been declared to be duly elected as members of the Election Committee at