Cap. 541 sub. leg. A

Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation(L.N. 284 of 1999; 19 of 2023 s. 101)(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [5 November 1997](Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—claim (申索) means a claim made under section 15;current year (現年份), in relation to the compilation of a provisional register, means the year for which the provisional register is being compiled;District (地方行政區) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547); (L.N. 284 of 1999)District Council constituency (區議會選區)—(a) in relation to the compilation of a register for 2023 or any subsequent year before the specified year mentioned in paragraph (b)—means an area that is specified to be a District Council geographical constituency (as defined by section 2 of the District Councils Ordinance (Cap. 547)) (DCGC) in Schedule 8 to that Ordinance; or(b) in relation to the compilation of a register for the year in which the first order made under section 6(1)(a) of that Ordinance after 2023 comes into operation (specified year) or any subsequent year—means an area that is declared to be a DCGC in the last order made under that section immediately before the date by which the register must be compiled under section 32(1) of the Legislative Council Ordinance (Cap. 542) for that year; (19 of 2023 s. 102)Electoral Registration Officer (選舉登記主任) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542) or section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 254 of 2002)eligible person (合資格人士) means an eligible person for the provisional register to be compiled for 2021 within the meaning of section 2AA; (14 of 2021 s. 10)final register (正式選民登記冊) means a final register of electors for geographical constituencies required to be compiled under section 32(1)(b)(i) of the Legislative Council Ordinance (Cap. 542); (L.N. 254 of 2002; 14 of 2021 s. 10)identity document (身分證明文件) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);Legislative Council constituency (立法會選區) means—(a) in relation to the compilation of a register for 2021 or any subsequent year before the specified year mentioned in paragraph (b)—an area that is specified to be a geographical constituency in Schedule 6 to the Legislative Council Ordinance (Cap. 542); or(b) in relation to the compilation of a register for the year in which the first order made under section 18(2)(a) of the Legislative Council Ordinance (Cap. 542) after 2021 comes into operation (specified year) or any subsequent year—an area that is declared to be a geographical constituency in the last order made under that section immediately before the date by which the register must be compiled under section 32(1) of that Ordinance for that year; (14 of 2021 s. 10)notice of claim (申索通知書) means a notice of claim within the meaning of section 15(6);notice of objection (反對通知書) means a notice of objection within the meaning of section 14(1);objection (反對) means an objection made under section 14;omissions list (取消登記名單) means an omissions list within the meaning of section 9(1); (12 of 2014 s. 108)preceding year (對上一年), in relation to the compilation of a provisional register, means the year immediately preceding the year for which the provisional register is being compiled;principal residential address (主要住址), in relation to a person, means the address of the only or principal residence (within the meaning of section 28(1B) or (3) of the Legislative Council Ordinance (Cap. 542)) of that person; (L.N. 156 of 2009)provisional register (臨時選民登記冊) means a provisional register of electors for geographical constituencies required to be compiled under section 32(1)(a)(i) of the Legislative Council Ordinance (Cap. 542); (L.N. 254 of 2002; 14 of 2021 s. 10) register (選民登記冊) means— (a) a register required to be compiled under section 32(1)(a)(i) of the Legislative Council Ordinance (Cap. 542) (that is, a provisional register); or (b) a register required to be compiled under section 32(1)(b)(i) of that Ordinance (that is, a final register); (L.N. 254 of 2002; 14 of 2021 s. 10) registration (登記) means the entry of the name and principal residential address of a person in a register and registered (登記) is to be construed accordingly; (L.N. 284 of 1999)Revising Officer (審裁官) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);section (部), in relation to a register, means a part of the register set apart for a particular Legislative Council constituency under section 3(1); (L.N. 284 of 1999)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), for that purpose; (14 of 2021 s. 10)subsection (分部), in relation to a register, means a part, within a section of the register, set apart for a particular District Council constituency under section 3(1A). (L.N. 284 of 1999)(14 of 2021 s. 10)(2) In this Regulation, a reference to “existing final register” is to be construed, in relation to the compilation of the provisional register for a particular year, as a reference to the 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. 284 of 1999) (L.N. 284 of 1999; L.N. 172 of 2017) 2AA. Meaning of eligible person (1) A person is an eligible person for the provisional register to be compiled for 2021 if the person—(a) is eligible under section 25 of Cap. 542 to be registered as an elector for the following functional constituency in the functional constituencies provisional register to be compiled for 2021—(i) the medical and health services functional constituency; or(ii) the Hong Kong Special Administrative Region deputies to the National People’s Congress, Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference and representatives of relevant national organisations functional constituency;(b) has applied under section 19 of Cap. 541B to be registered as such an elector; and(c) is not disqualified under section 31 of Cap. 542 from being registered as such an elector.(2) A person is also an eligible person for the provisional register to be compiled for 2021 if the person—(a) is eligible under section 12 of the Schedule to Cap. 569 to be registered as a voter for a subsector in the subsector provisional register to be compiled for 2021; and(b) has applied under section 19 of Cap. 541B to be registered as such a voter.(3) A person is also an eligible person for the provisional register to be compiled for 2021 if the person—(a) is eligible under section 5L of the Schedule to Cap. 569 to be registered as an ex-officio member for the purpose of constituting the Election Committee to be constituted on 22 October 2021;(b) has applied under section 5I or 5J of that Schedule to be registered as such a member; and(c) is not disqualified under section 5M of that Schedule from being registered as such a member.(4) A person is also an eligible person for the provisional register to be compiled for 2021 if—(a) a body who is an eligible person described in section 2AA(1) or (2) of Cap. 541B has applied under section 19 of Cap. 541B for registration as a corporate elector;(b) the person is appointed by the body under section 20 of Cap. 541B as the authorized representative of the body; and(c) the person is eligible under section 26 of Cap. 542 to be an authorized representative of the body.(5) A person is also an eligible person for the provisional register to be compiled for 2021 if—(a) a body who is an eligible person described in section 2AA(3) of Cap. 541B has applied under section 19 of Cap. 541B for registration as a corporate voter;(b) the person is appointed by the body under section 20 of Cap. 541B as the authorized representative of the body; and(c) the person is eligible under section 13 of the Schedule to Cap. 569 to be an authorized representative of the body.(6) A person is also an eligible person for the provisional register to be compiled for 2021 if the person is—(a) a Hong Kong Accounting Advisor appointed by the Ministry of Finance of the People’s Republic of China;(b) a Hong Kong member of the Council of the World Federation of Chinese Medicine Societies;(c) a Hong Kong member of the Council of the China Law Society; or(d) a Hong Kong academician of the Chinese Academy of Sciences or the Chinese Academy of Engineering.(7) In this section—body (團體) has the meaning given by section 2(1) of Cap. 541B;Cap. 541B (《第541B章》) means the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B);Cap. 542 (《第542章》) means the Legislative Council Ordinance (Cap. 542);Cap. 569 (《第569章》) means the Chief Executive Election Ordinance (Cap. 569);corporate elector (團體選民) has the meaning given by section 3(1) of Cap. 542;corporate voter (團體投票人) has the meaning given by section 11(1) of the Schedule to Cap. 569;Election Committee (選舉委員會) has the meaning given by section 2(1) of Cap. 569;functional constituencies provisional register (功能界別臨時選民登記冊) has the meaning given by section 2(1) of Cap. 541B;functional constituency (功能界別) has the meaning given by section 3(1) of Cap. 542;subsector (界別分組) has the meaning given by section 11(1) of the Schedule to Cap. 569;subsector provisional register (界別分組臨時投票人登記冊) has the meaning given by section 2(1) of Cap. 541B.(14 of 2021 s. 11) 2A. Effect of inclement weather warning on date and period (1) In this section—gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62);inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during the ordinary business hours of the Office;Office (有關辦事處) means—(a) the office of the Electoral Registration Officer; or(b) for section 19(5), the office of a Revising Officer;rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62);working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday.(2) If—(a) a date is prescribed in this Regulation (whether by reference to a specific day of a specific month or to a day otherwise ascertainable under this Regulation) or is fixed under this Regulation;(b) an act is required or permitted by a provision of this Regulation to be done not later than, or on or before, the date or on the date; and(c) the date falls on an inclement weather warning day,the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed or fixed in relation to the act instead for the provision.(3) If—(a) a period is prescribed in or fixed under this Regulation;(b) an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and(c) the last day of the period falls on an inclement weather warning day,the period is extended, in relation to the act, to end on the next working day, which is not an inclement weather warning day, following the day mentioned in paragraph (c), and the provision has effect accordingly.(4) If—(a) a date is prescribed by reference to a specific day of a specific month in a provision (former provision) specified in column 1 of Table 1;(b) the same date is prescribed in the provision specified opposite to the former provision in column 2 of Table 1; and (L.N. 172 of 2017)(c) the date falls on an inclement weather warning day in a year,the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed in relation to that year instead for the provision and the former provision. (L.N. 172 of 2017) Table 1 Column 1 Column 2 section 4(1)(a) section 4(2)(a) and (b) section 4(3)(a)(i) section 4(3)(a)(ii) section 4(3)(b)(i) section 4(3)(b)(ii) section 10A(12)(a)(ii) section 10A(12)(b)(i) section 10A(12)(b)(ii) section 10A(12)(c)(i) section 10A(12)(c)(ii) section 10A(12)(c)(i) section 13(1A)(b) section 19(5)(b) (L.N. 10 of 2016; L.N. 172 of 2017; 14 of 2021 s. 12)(5) Subsections (6) and (7) apply if—(a) a date is prescribed by reference to a specific day of a specific month in a provision (former provision) specified in column 1 of Table 2;(b) another date which is the day following the date mentioned in paragraph (a) is prescribed in the provision specified opposite to the former provision in column 2 of Table 2; and(c) the date mentioned in paragraph (a) falls on an inclement weather warning day in a year. Table 2 Column 1 Column 2 section 4(1)(a) section 12(c)(iii) section 4(3)(a)(i) section 12(c)(ii)(A) section 4(3)(b)(i) section 12(c)(ii)(B) (14 of 2021 s. 12)(6) The next working day, which is not an inclement weather warning day, following the date mentioned in subsection (5)(a) is taken to be prescribed in relation to the year instead for the former provision.(7) The day following the working day mentioned in subsection (6) is taken to be prescribed in relation to the year instead for the provision specified in subsection (5)(b).(12 of 2014 s. 3) 3. Form of register (1) A register is to be divided into sections so that there is a separate section for each Legislative Council constituency. (L.N. 284 of 1999)(1A) For the purposes of section 29 of the District Councils Ordinance (Cap. 547), each section of a register is to be further divided so that there is a separate subsection for each District Council constituency within the Legislative Council constituency to which that section relates. (L.N. 284 of 1999)(1B) In a section of a register, the subsections for the District Council constituencies within the same District must be grouped together, and the name of the District must be shown in those subsections. (L.N. 284 of 1999)(2) An entry in a register relating to a person must show the name and principal residential address of the person. (L.N. 284 of 1999)(3) The order in which names of persons are to be arranged in each subsection of the register is as follows—(a) the names of the persons 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 persons in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 284 of 1999)(4) In a register, the name of a person is to be recorded—(a) in Chinese, if the person’s principal residential address is in Chinese on the application made under section 4(1) or 10A(1); or (L.N. 254 of 2002)(b) in English, if the person’s principal residential address is in English on the application made under section 4(1) or 10A(1). (L.N. 254 of 2002; L.N. 172 of 2017)(5) The Electoral Registration Officer may, on or after the publication of a register, indicate on the register or a copy of it, by way of a note or other means that Officer considers appropriate—(a) whether or not a person whose name is recorded in the register is— (L.N. 284 of 1999)(i) registered as an elector for a functional constituency;(ii) registered as a voter for a subsector; (14 of 2021 s. 13)(iii) a member of the Election Committee; or (19 of 2023 s. 103)(iv) an elector for a District Committees constituency; (19 of 2023 s. 103)(b) the functional constituency for which a person is registered as an elector; (14 of 2021 s. 13)(c) the subsector for which a person is registered as a voter; (14 of 2021 s. 13)(d) the subsector represented by a person as a member of the Election Committee; and (14 of 2021 s. 13; 19 of 2023 s. 103)(e) the District Committees constituency for which a person is an elector. (19 of 2023 s. 103)(6) The Electoral Registration Officer may correct, delete or revise any note or other indication referred to in subsection (5).(7) Subject to this section, the Electoral Registration Officer may determine the form of a register.(8) In subsection (5)—District Committees constituency (地區委員會界別) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 103)Election Committee (選舉委員會) has the meaning assigned to it by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); (L.N. 254 of 2002)elector (選民)—(a) in relation to a functional constituency—means a person who is registered in a register of electors for functional constituencies compiled under section 32 of the Legislative Council Ordinance (Cap. 542); or(b) in relation to a District Committees constituency—means a person whose name is included in a register of electors for District Committees constituencies compiled and published under section 31A of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 103)functional constituency (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);subsector (界別分組) has the meaning given by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 13)voter (投票人) means a person who is registered in subsector provisional register or a subsector final register within the meaning of section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 254 of 2002)(14 of 2021 s. 13) Part 2 Application for Registration and Compilation of Provisional Register 4. How to apply for registration in provisional register (1) The following applies in respect of an application by a person for registration in a provisional register—(a) subject to subsection (3)(a)(i) or (b)(i), the application must be made to the Electoral Registration Officer to be received by that Officer on or before 2 June in the year for which the provisional register is to be compiled; (14 of 2021 s. 14)(b) the application must be made on the specified form;(c) the specified form must be completed in either Chinese or English; and(d) the application must be signed by that person.(e) (Repealed L.N. 284 of 1999)(1A) The Electoral Registration Officer may require the applicant to submit together with the application documentary evidence that proves that the address stated in the application is the principal residential address of the applicant. (14 of 2021 s. 14)(2) Subject to subsection (3)(a)(ii) or (b)(ii), an application received by the Electoral Registration Officer must be treated as—(a) if the application is received on or before 2 June in a year—an application for registration in the provisional register to be compiled for that year; or(b) if the application is received after 2 June in a year—an application for registration in the provisional register to be compiled for the following year. (14 of 2021 s. 14)(3) In relation to the provisional register to be compiled for 2021—(a) if a person is not an eligible person—(i) an application made under subsection (1) by the person must be received by the Electoral Registration Officer on or before 2 May 2021; and(ii) any such application received by the Officer after 2 May 2021, and on or before 2 June 2022, must be treated as an application for registration in the provisional register to be compiled for 2022; or(b) if a person is an eligible person—(i) an application made under subsection (1) by the person must be received by the Electoral Registration Officer on or before 5 July 2021; and(ii) any such application received by the Officer after 5 July 2021, and on or before 2 June 2022, must be treated as an application for registration in the provisional register to be compiled for 2022. (14 of 2021 s. 14)(L.N. 284 of 1999; 12 of 2014 s. 137) 5. Electoral Registration Officer to determine whether or not applicant is eligible for registration and may ask for additional information (1) When the Electoral Registration Officer receives an application made under section 4(1), that Officer must, as soon as practicable, but subject to this section, determine either— (L.N. 172 of 2017)(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 either—(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. 284 of 1999; L.N. 254 of 2002)(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) The Electoral Registration Officer must not consider an application further if that Officer is satisfied on reasonable grounds that the application is manifestly an abuse of the registration procedure.(6) If the Electoral Registration Officer is satisfied on reasonable grounds that an applicant is already registered in the existing final register, that Officer may decide not to consider the application further.(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, having regard to the address furnished by the applicant as the principal residential address, the section, and the subsection under it, of the provisional register in which to register the applicant; and(b) must record the applicant’s name and principal residential address in that section under that subsection. (L.N. 284 of 1999)(8) When the Electoral Registration Officer determines that an applicant is eligible to be registered and the section, and the subsection under it, of the provisional register in which the applicant is to be registered, that Officer must inform the applicant in writing of the determination as soon as practicable. (L.N. 284 of 1999)(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 of the determination as soon as practicable by post. (L.N. 10 of 2016)(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 of the decision as soon as practicable by post. (L.N. 10 of 2016)(11) In this section, specified period (指明期間), in relation to a requirement made under subsection (2), means— (L.N. 254 of 2002) (a) if the requirement is made in relation to an application for registration in the provisional register to be compiled for 2021—a period specified by the Electoral Registration Officer ending on or before—(i) if the person is not an eligible person—11 May 2021; or(ii) if the person is an eligible person—19 September 2021; or (b) if the requirement is made in relation to an application for registration in the provisional register to be compiled for any year subsequent to 2021—a period specified by the Electoral Registration Officer ending on or before 11 July in that year. (14 of 2021 s. 15) 6. Electoral Registration Officer to have power to require information to prepare registers (1) For the purpose of preparing a register, the Electoral Registration Officer may require a public authority to furnish such information as that Officer may specify.(2) Without limiting subsection (1), the Electoral Registration Officer may require a public authority to furnish the name, identity document number, sex and principal residential address of a person who appears to the Electoral Registration Officer to be eligible to be registered as an elector for a geographical constituency under section 24 of the Legislative Council Ordinance (Cap. 542). (L.N. 284 of 1999)(3) Subject to subsection (4), when the Electoral Registration Officer makes a requirement under this section, the public authority of whom the requirement is made must furnish the required information within 30 days of the requirement. (L.N. 284 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 public authority concerned must furnish the information within the extended period. (L.N. 284 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 register.(6) A person may use information obtained under this section only for the purpose of preparing a register or in connection with an investigation or proceedings relating to an offence under this Regulation.(7) In this section—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). 7. Electoral Registration Officer may make inquiries regarding persons registered in the existing final register (1) In compiling a provisional register, the Electoral Registration Officer may, in accordance with this section, make inquiries that Officer considers fit, to ascertain—(a) whether a person whose name or other personal particulars are recorded in the existing final register— (L.N. 284 of 1999)(i) is dead;(ii) is not entitled to be registered under section 24(2) of the Legislative Council Ordinance (Cap. 542);(iii) is not eligible to be registered under section 27, 28, 29 or 30 of the Legislative Council Ordinance (Cap. 542); or(iv) is disqualified from being registered as an elector under section 31 of the Legislative Council Ordinance (Cap. 542); or(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) An inquiry must be made in writing. It must be sent by post addressed to the person from whom it is made. (L.N. 10 of 2016)(3) The Electoral Registration Officer may make an inquiry from a person whose name is recorded in an existing final register only on or before— (L.N. 284 of 1999; L.N. 254 of 2002; 14 of 2021 s. 16)(a) if the inquiry is made in compiling the provisional register for 2021—12 September 2021; or(b) if the inquiry is made in compiling the provisional register for any year subsequent to 2021—16 May in that year. (14 of 2021 s. 16)(4) The Electoral Registration Officer may make an inquiry from any other source that Officer considers appropriate, at any time.(5) Section 6(5) and (6) applies to an inquiry made under this section and information obtained under this section subject to necessary modifications. 8. Electoral Registration Officer to determine whether persons registered in the existing final register are registered in the appropriate section and subsection (1) The Electoral Registration Officer must, having regard to—(a) the existing final register;(b) any information obtained under section 6 or 7;(c) where applicable, an order made under section 18(2) of the Legislative Council Ordinance (Cap. 542) or Schedule 6 to that Ordinance; or (14 of 2021 s. 17)(d) section 3(1) of the District Councils Ordinance (Cap. 547) or, where applicable, an order made under section 6(1) or 8(1) of that Ordinance or Schedule 8 to that Ordinance, (L.N. 284 of 1999)determine, in relation to a person whose name or other personal particulars are recorded in the existing final register, the appropriate section, and the appropriate subsection under it, of the next provisional register in which to register that person. When the section and the subsection are so determined, the Electoral Registration Officer must register the person in that section under that subsection, if that person is not already so registered.(2) The Electoral Registration Officer must inform a person, in writing, of the section, and the subsection under it, in which that person is registered under subsection (1) (specified information) or make the specified information available to that person in any way the Electoral Registration Officer considers appropriate.(3) If, having regard to information obtained under section 6 or 7, the Electoral Registration Officer determines that a person referred to in subsection (1) is not eligible to be registered in the next provisional register, that Officer must inform that person in writing by post. (L.N. 10 of 2016)(L.N. 284 of 1999; 19 of 2023 s. 104) 9. Electoral Registration Officer to prepare an omissions list (1) Subject to subsection (4), in compiling a provisional register, the Electoral Registration Officer must, for the purposes of section 32(4)(a) and (b) of the Legislative Council Ordinance (Cap. 542), enter on a list (the omissions list) the names and principal residential address of— (L.N. 534 of 1997; L.N. 254 of 2002)(a) any person regarding whom the Electoral Registration Officer has made an inquiry under section 7 on or before the date referred to in section 7(3)(a) or (b), as the case may be, if the result of the inquiry was as follows— (L.N. 254 of 2002)(i) the information asked for was not received by the Electoral Registration Officer on or before the relevant date specified in subsection (5); (L.N. 254 of 2002)(ii) (Repealed 12 of 2014 s. 33)(iii) 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;(iv) 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 not qualified to be so registered;(v) the Electoral Registration Officer is satisfied on reasonable grounds and notwithstanding any information to the contrary received by that Officer, that the person is dead; or(vi) the Electoral Registration Officer is satisfied on reasonable grounds and notwithstanding any information to the contrary received by that Officer, that the person is disqualified from being registered or not qualified to be so registered;(ab) any person—(i) whose name is recorded in the existing final register;(ii) who has, by a signed written notice, informed the Electoral Registration Officer on or before the relevant date specified in subsection (5) that he or she does not wish to be registered in the register; and(iii) who has, in the opinion of the Electoral Registration Officer, been informed (by means of that Officer’s notification under subsection (4A) or otherwise) of that Officer’s intention to omit the person’s name and principal residential address from the next final register; (12 of 2014 s. 33)(b) 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 (5), that the person is dead; and (L.N. 254 of 2002)(c) any person referred to in subsection (2).(2) If—(a) the Electoral Registration Officer has reason to believe—(i) from information received in response to a requirement under section 6 or an inquiry under section 7 or otherwise; and(ii) notwithstanding any information to the contrary received by that Officer,that the address recorded in the existing final register against a person’s name is no longer the person’s principal residential address; and (L.N. 534 of 1997)(b) the principal residential address of that person is not known to the Electoral Registration Officer at the time the omissions list is prepared,that Officer must, for the purposes of subsection (1)(c), enter the name and principal residential address of that person on the omissions list.(2A) Despite subsection (1), if—(a) the Electoral Registration Officer is satisfied on reasonable grounds that—(i) a person has served a sentence of imprisonment in Hong Kong;(ii) the person used, under section 28(1B) of the Legislative Council Ordinance (Cap. 542), an address for the purpose of registration; and(iii) the imprisonment has terminated; and(b) that Officer is not notified of the person’s new residential address,that Officer must enter the name and the principal residential address on the omissions list without making an inquiry under section 7 in respect of the person. (L.N. 156 of 2009)(3) The Electoral Registration Officer must, in a manner that Officer considers appropriate, show on the omissions list that the persons whose names and principal residential address are entered on the omissions list are those whose personal particulars that the Officer proposes to omit from the next final register.(4) The Electoral Registration Officer may enter on the omissions list, the name and principal residential address of a person under—(a) subsection (1)(a)(i), only if the inquiry was made from the person who is the subject of the inquiry and the Electoral Registration Officer has informed the person in writing by post (sent to 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 the person’s name and other personal particulars from the next final register if the relevant information is not received by that Officer on or before the relevant date specified in subsection (5). (L.N. 254 of 2002; 12 of 2014 s. 33; L.N. 10 of 2016)(b) (Repealed 12 of 2014 s. 33)(4A) On receiving a notice referred to in subsection (1)(ab)(ii) from a person, the Electoral Registration Officer must notify, by post, the person of that Officer’s intention to omit the person’s name and principal residential address from the next final register. (12 of 2014 s. 33; L.N. 10 of 2016)(5) For the purposes of subsections (1)(a)(i), (ab)(ii) and (b) and (4)(a), the relevant date is, in relation to the compilation of— (L.N. 254 of 2002; 12 of 2014 s. 33)(a) the provisional register for 2021—(i) for subsections (1)(a)(i) and (4)(a)—(A) if the inquiry is made on or before 16 April 2021—2 May 2021; or(B) if the inquiry is made between 17 April 2021 and 12 September 2021 (both dates inclusive)—a date specified by the Electoral Registration Officer in the inquiry that is not later than 19 September 2021;(ii) for subsection (1)(ab)(ii)—2 May 2021; or(iii) for subsection (1)(b)—19 September 2021; or(b) the provisional register for any year subsequent to 2021—2 June in that year. (14 of 2021 s. 18)(L.N. 284 of 1999) 10. Electoral Registration Officer to publish a notice that omissions list is available for inspection by specified persons (14 of 2021 s. 19)(1) As soon as practicable after the omissions list is prepared, the Electoral Registration Officer must publish a notice which complies with section 32(5) of the Legislative Council Ordinance (Cap. 542)— (L.N. 534 of 1997; L.N. 254 of 2002)(a) in the Gazette; and(b) in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong.(2) For the purposes of section 32(6) of the Legislative Council Ordinance (Cap. 542)—(a) a copy of an omissions list is to be made available for inspection at the Electoral Registration Officer’s office during its ordinary business hours in accordance with this section by specified persons only; and(b) the period for which the copy of the list is to be made available for such inspection is the period beginning on the publication date and ending on 25 August in the same year. (14 of 2021 s. 19)(3) The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of the omissions list or a specific part of it 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. (14 of 2021 s. 19)(3A) The Electoral Registration Officer must, in a copy of an omissions list, or a copy of any part of an omissions list, that is made available for inspection by specified persons under this section, show the name of each person entered on the list in a way that—(a) if the person’s name is entered in Chinese—only the first Chinese character of the name is identifiable; or(b) if the person’s name is entered in English—only the first word of the name is identifiable. (14 of 2021 s. 19)(3B) Subsection (3A) does not affect the way in which any other particulars of a person entered on an omissions list may be shown. (14 of 2021 s. 19)(3C) The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person entered on an omissions list an extract from the list showing only the entry relating to that person in full. (14 of 2021 s. 19)(4) The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, the omissions list, or a copy of any part of an omissions list, to—(a) produce to the Officer the identity document of the person; and(b) complete a form furnished by the Officer. (14 of 2021 s. 19)(5) In this section—coming election (下一個選舉), in relation to an omissions list, means any of the following elections that is held within 1 year after the publication date—(a) a Legislative Council general election;(b) a Legislative Council by-election for a geographical constituency;(c) a District Council ordinary election;(d) a District Council by-election for a District Council constituency; (19 of 2023 s. 105)District Council by-election (區議會補選) means a by-election as defined by section 2 of the District Councils Ordinance (Cap. 547); District Council ordinary election (區議會一般選舉) means an ordinary election as defined by section 2 of the District Councils Ordinance (Cap. 547); Legislative Council by-election (立法會補選) means a by-election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); Legislative Council general election (立法會換屆選舉) means a general election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542);previous election (先前的選舉), in relation to an omissions list, means—(a) the last Legislative Council general election that was held before the publication date;(b) any Legislative Council by-election for a geographical constituency that was held after the election mentioned in paragraph (a) and before the publication date;(c) the last District Council ordinary election that was held before the publication date; or (d) any District Council by-election for a District Council constituency that was held after the election mentioned in paragraph (c) and before the publication date; (19 of 2023 s. 105)publication date (刊登日期), in relation to an omissions list, means the date on which a notice relating to the list is published under subsection (1);specified person (指明的人), in relation to an omissions list, means—(a) a person who is a subscriber to the Government News and Media Information System maintained by the Director of Information Services; or(b) a body or organization that is incorporated, or is registered or exempt from registration, under any law of Hong Kong and—(i) was provided an extract under section 21(1) for a purpose related to a previous election;(ii) was represented by a validly nominated candidate at a previous election; or(iii) has publicly declared an intention to arrange for any person (including a person yet to be specified) to stand as a candidate at a coming election. (14 of 2021 s. 19) 10A. Application for change of particulars in existing final register (1) A person whose name and principal residential address are recorded in the existing final register (applicant) may apply to the Electoral Registration Officer for change of name or principal residential address in the entry relating to the applicant.(2) An application made under subsection (1) (application) must be—(a) made on the specified form;(b) completed in English or Chinese; and(c) signed by the applicant.(3) For an application for change of principal residential address, the Electoral Registration Officer may require the applicant to submit together with the application documentary evidence that proves that the address stated in the application is the principal residential address of the applicant. (14 of 2021 s. 20)(4) In processing an application, the Electoral Registration Officer may, in writing, require the applicant to provide either or both of the following within the period specified in subsection (5)—(a) further written particulars relating to the application as specified by the Officer;(b) documentary evidence that proves that the entry relating to the applicant in the existing final register is incorrect.(5) The period is a period specified by the Electoral Registration Officer ending on or before—(a) if the application is made within the period specified in subsection (12)(a)—11 May 2021;(b) if the application is made within the period specified in subsection (12)(b)—11 July 2022; or(c) if the application is made within a period specified in subsection (12)(c)—the first 11 July that follows the period. (14 of 2021 s. 20)(6) The Electoral Registration Officer must approve an application if the Officer is satisfied that—(a) the entry relating to the applicant in the existing final register is incorrect; and(b) the entry should be amended in accordance with the information provided by the applicant.(7) The Electoral Registration Officer must refuse an application if the Officer is satisfied that—(a) the entry relating to the applicant in the existing final register is incorrect; but(b) the entry should not be amended in accordance with the information provided by the applicant.(8) The Electoral Registration Officer must refuse an application for change of principal residential address if there is no satisfactory evidence available to the Officer that proves that the address stated in the application is the principal residential address of the applicant.(9) The Electoral Registration Officer may decide not to process an application further—(a) if the Officer is satisfied that the entry relating to the applicant in the existing final register is correct; or(b) where the Officer requires the applicant to provide particulars or evidence under subsection (4)—(i) if the applicant does not comply with the requirement; or(ii) if the applicant does not provide particulars or evidence to the satisfaction of the Officer.(10) The Electoral Registration Officer must notify the applicant, by post, of a decision made under subsection (6), (7), (8) or (9).(11) If the Electoral Registration Officer—(a) receives an application during the period specified in subsection (12); and(b) approves the application,the Officer must, when compiling the first provisional register after that period, record in the appropriate place in the register the name or principal residential address changed.(12) The period is, in relation to the compilation of—(a) the provisional register for 2021—(i) after 2 April 2020; but(ii) not later than 2 April 2021;(b) the provisional register for 2022—(i) after 2 April 2021; but(ii) not later than 2 June 2022; or(c) the provisional register for any year subsequent to 2022—(i) after 2 June in the preceding year; but(ii) not later than 2 June in the current year. (14 of 2021 s. 20)(L.N. 172 of 2017) 11. Electoral Registration Officer to correct entries in existing final register in compiling provisional register (L.N. 10 of 2016)(1)-(2) (Repealed L.N. 172 of 2017)(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 first provisional register after that period, record the corrected particular in the appropriate place in the register.(4) If the Electoral Registration Officer makes a correction under subsection (3), that Officer must inform the person concerned of the correction in writing. (L.N. 172 of 2017)(5) For the purposes of subsection (3), the relevant period is, in relation to the compilation of— (L.N. 172 of 2017)(a) the provisional register for 2021—(i) if the entry relates to a person who is not an eligible person—(A) after 2 May 2020; but(B) not later than 2 May 2021; or(ii) if the entry relates to a person who is an eligible person—(A) after 2 May 2020; but(B) not later than 19 September 2021;(b) the provisional register for 2022—(i) if the entry relates to a person who is not an eligible person—(A) after 2 May 2021; but(B) not later than 2 June 2022; or(ii) if the entry relates to a person who is an eligible person—(A) after 19 September 2021; but(B) not later than 2 June 2022; or(c) the provisional register for any year subsequent to 2022—(i) after 2 June in the preceding year; but(ii) not later than 2 June in the current year. (14 of 2021 s. 21)(6)-(7) (Repealed L.N. 172 of 2017)(L.N. 10 of 2016) 12. What is to be contained in provisional register The provisional register is to consist of the following—(a) subject to sections 9, 10A, 11 and 19(3) and (4), the names and principal residential address recorded in the existing final register; (L.N. 172 of 2017)(b) (Repealed L.N. 172 of 2017)(c) the names and principal residential address of persons whom the Electoral Registration Officer has determined to be eligible to be registered in the provisional register, on receiving by the Officer of applications made under section 4(1)— (L.N. 172 of 2017)(i) for the provisional register for 2021—(A) for applications made by persons who are not eligible persons—during the period beginning on 3 May 2020 and ending on 2 May 2021; or(B) for applications made by persons who are eligible persons—during the period beginning on 3 May 2020 and ending on 5 July 2021;(ii) for the provisional register for 2022—(A) for applications made by persons who are not eligible persons—during the period beginning on 3 May 2021 and ending on 2 June 2022; or(B) for applications made by persons who are eligible persons—during the period beginning on 6 July 2021 and ending on 2 June 2022; or(iii) for the provisional register for any year subsequent to 2022—during the period beginning on 3 June in the preceding year and ending on 2 June in the current year. (14 of 2021 s. 22)(L.N. 284 of 1999) 13.

Electoral Registration Officer to publish a notice that provisional register is available for inspection by specified persons (14 of 2021 s. 23)(1) After a provisional register is compiled, the Electoral Registration Officer must publish in accordance with subsections (1A) and (2) a notice for the provisional register. (14 of 2021 s. 23)(1A) A notice under subsection (1) must be published—(a) in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong; and(b) not later than 1 August in the year for which the provisional register is compiled. (14 of 2021 s. 23)(2) A notice under subsection (1) must specify—(a) that a copy of the provisional register is available for inspection by specified persons during ordinary business hours during the relevant period referred to in subsection (3); and (L.N. 254 of 2002)(b) the place or places at which a copy of the provisional register may be so inspected.(3) The Electoral Registration Officer must make available for inspection in accordance with this section by specified persons, at the place or places specified in the notice under subsection (1) during ordinary business hours, a copy of the provisional register during the period beginning on the date on which the notice is published and ending on 25 August in the same year. (14 of 2021 s. 23)(4) The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of a specific section or subsection of the 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.(4A) For the purposes of subsections (3) and (4), the Electoral Registration Officer may further make available for inspection in accordance with this section by specified persons an additional copy of the provisional register or an additional copy of a specific section or subsection of the provisional register, in which entries are arranged in a manner that the Electoral Registration Officer considers appropriate for such inspection. (11 of 2012 s. 41)(4B) The Electoral Registration Officer must, in a copy of a provisional register, or a copy of any section or subsection of a provisional register, that is made available for inspection by specified persons under this section, show the name of each person registered in a way that— (a) if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or(b) if the person’s name is recorded in English—only the first word of the name is identifiable. (14 of 2021 s. 23)(4C) Subsection (4B) does not affect the way in which any other particulars of a person registered in a provisional register may be shown. (14 of 2021 s. 23)(4D) The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in a provisional register an extract from the register showing only the entry relating to that person in full. (14 of 2021 s. 23)(5) The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, a provisional register, or a copy of any section or subsection of a provisional register, to— (a) produce to the Officer the identity document of the person; and (b) complete a form furnished by the Officer. (14 of 2021 s. 23)(6) Publication of a notice under subsection (1) is to be treated as the publication of the provisional register for the purposes of section 32(1)(a)(i) of the Legislative Council Ordinance (Cap. 542). (L.N. 254 of 2002)(7) In this section— specified person (指明的人), in relation to a provisional register, means a person who is entitled to inspect under section 10 a copy of the omissions list prepared in compiling the register. (14 of 2021 s. 23)(L.N. 284 of 1999; 14 of 2021 s. 23) Part 3 Notice of Objection, Notice of Claim and Correction of Provisional Register 14. Person may object to registration of registered person in the provisional register (1) A person who considers that a registered person is not eligible to be registered—(a) as an elector; or(b) in the section or subsection in which that person’s name and principal residential address are recorded, (L.N. 284 of 1999) may make an objection to the registration of that person in the 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) delivered by the objector in person at the office of the Electoral Registration Officer— (L.N. 284 of 1999; L.N. 254 of 2002)(i) if the objection relates to a person registered in the provisional register compiled for 2021—not later than 9 October 2021; or(ii) if the objection relates to a person registered in the provisional register compiled for any year subsequent to 2021—not later than 25 August in that year. (14 of 2021 s. 24)(2A) If the objector is in custody within the meaning of section 2(1) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap. 541 sub. leg. D), a notice sent by post by the objector is deemed, for the purposes of subsection (2)(c), to be a notice delivered by the objector in person. (L.N. 156 of 2009)(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.(4) In this section—elector (選民) means any person whose name is included in the existing final register; (L.N. 254 of 2002)registered person (已登記的人) means a person whose name is recorded in a provisional register. (L.N. 284 of 1999) 15. Who may lodge a notice of claim (1) Any person—(a) who has been determined by the Electoral Registration Officer under section 5(1)(b) to be not eligible to be registered;(b) whose application for registration was not considered further by the Electoral Registration Officer under section 5(4); or(c) who—(i) has made an application for registration; and(ii) is not a person described in paragraph (a) or (b), but whose name is not recorded in the provisional register, (L.N. 284 of 1999) may make a claim that he or she is entitled to be registered as an elector.(2) Any person whose name is included in an omissions list may make a claim that he or she is entitled to be registered in the final register. (L.N. 284 of 1999)(3) Any person (other than a person referred to in subsection (2)) whose name is recorded in a section under a subsection of a provisional register, may make a claim that he or she is entitled to have his or her name and principal residential address recorded in a different section or subsection of that register. (L.N. 284 of 1999)(4) Subsection (4A) applies to a person whose application under section 10A(1) for change of a particular—(a) has been refused by the Electoral Registration Officer under section 10A(7) or (8); or(b) has been decided by the Electoral Registration Officer not to process further under section 10A(9). (L.N. 172 of 2017)(4A) The person may make a claim to have the particular changed in accordance with the information provided in the application. (L.N. 172 of 2017)(5) Any person whose particulars in an entry have been altered by the Electoral Registration Officer under section 11(3) may make a claim objecting to the alteration.(6) 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.(7) A notice of claim must be delivered by the claimant in person at the office of the Electoral Registration Officer— (L.N. 284 of 1999; L.N. 254 of 2002)(a) if the claim relates to a register compiled, or the omissions list prepared in compiling the provisional register, for 2021—not later than 9 October 2021; or(b) if the claim relates to a register compiled, or the omissions list prepared in compiling the provisional register, for any year subsequent to 2021—not later than 25 August in that year. (14 of 2021 s. 25)(7A) If the claimant is in custody within the meaning of section 2(1) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap. 541 sub. leg. D), a notice sent by post by the claimant is deemed, for the purposes of subsection (7), to be a notice delivered by the claimant in person. (L.N. 156 of 2009)(8) If the Electoral Registration Officer receives a claim after the date referred to in subsection (7)(a) or (b), as the case may be, the Electoral Registration Officer— (L.N. 574 of 1997; L.N. 284 of 1999; L.N. 254 of 2002; L.N. 172 of 2017)(a) may, having regard to the nature of the claim, treat it as a claim for the purpose of the compilation of the final register for the year following that in which the claim is submitted; and(b) if the Officer so treats the claim—must refer it to the Revising Officer. (L.N. 172 of 2017)(9) 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.(10) If a person, subsequent to making a claim referred to in subsection (8), makes any further claim or application, the latest claim or application, as the case may be, prevails.(11) In this section, elector (選民) has the meaning assigned to it by section 14(4). (L.N. 254 of 2002) 16. Electoral Registration Officer to deliver copies of notices of objection and notices of claim to Revising Officer (1) Every year the Electoral Registration Officer must deliver to the Revising Officer, in accordance with this section, a copy of each notice of objection or notice of claim received by the Electoral Registration Officer.(2) The copies of those notices may be delivered in one or more batches as the Electoral Registration Officer considers appropriate. (L.N. 284 of 1999; L.N. 254 of 2002)(3) The copy of a notice of objection and notice of claim must be delivered— (L.N. 254 of 2002)(a) if the notice relates to a register compiled, or the omissions list prepared in compiling the provisional register, for 2021—not later than 11 October 2021; or(b) if the notice relates to a register compiled, or the omissions list prepared in compiling the provisional register, for any year subsequent to 2021—not later than 29 August in that year. (14 of 2021 s. 26)(4) The Electoral Registration Officer, when delivering to the Revising Officer a copy of a notice of objection, must, in relation to the notice—(a) inform the Revising Officer whether one or more of the conditions specified in subsection (6) are met; and(b) if one or more of the conditions specified in subsection (6) are met—request the Revising Officer to determine the objection without a hearing on the basis of written submissions only. (1 of 2019 s. 9)(5) The Electoral Registration Officer, when delivering to the Revising Officer a copy of a notice of claim, must, in relation to the notice—(a) inform the Revising Officer whether one or more of the conditions specified in subsection (7) are met; and(b) if one or more of the conditions specified in subsection (7) are met—request the Revising Officer to determine the claim without a hearing on the basis of written submissions only. (1 of 2019 s. 9)(6) For the purposes of subsection (4), the conditions are—(aa) the notice of objection is made in relation to the provisional register compiled for 2021; (14 of 2021 s. 26)(a) the notice of objection does not state any ground on which the objection is made;(b) the notice of objection does not state a ground on which the objection is made that concerns the eligibility of a registered person (within the meaning of section 14) to be registered—(i) in a provisional register; or(ii) in a particular section or subsection of a provisional register;(c) the subject matter of the objection involves only a clerical error made in compiling or printing a provisional register. (1 of 2019 s. 9)(7) For the purposes of subsection (5), the conditions are—(aa) the notice of claim is made in relation to the provisional register compiled for 2021; (14 of 2021 s. 26)(a) the notice of claim does not state any ground on which the claim is made;(b) the notice of claim does not state a ground on which the claim is made that concerns—(i) the eligibility of the person lodging the notice of claim (claimant) to be registered—(A) in a provisional register; or(B) in a particular section or subsection of a provisional register; or(ii) an entry relating to the claimant in a provisional register;(c) the subject matter of the claim involves only a clerical error made in compiling or printing a provisional register. (1 of 2019 s. 9) 17. (Repealed L.N. 10 of 2016) 18. Electoral Registration Officer to correct entries in provisional register with approval of Revising Officer (1) If the Electoral Registration Officer is satisfied that—(a) an entry in a provisional register is incorrect;(b) an additional entry ought to be made in a final register; or(c) a person whose name is recorded in a provisional register is no longer eligible to be registered in that register or in the section or subsection in which he is registered,that Officer may, subject to subsection (2), in compiling the 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— (L.N. 254 of 2002)(i) in relation to the final register to be compiled for 2021—not later than 23 October 2021; or(ii) in relation to the final register to be compiled for any year subsequent to 2021—not later than 11 September in that year; and (14 of 2021 s. 27)(b) has thereafter sent a notice by 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. (L.N. 10 of 2016)(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).(L.N. 284 of 1999) Part 4 Final Register 19. What is to be contained in final register (1) A final register is to consist of the following—(a) subject to subsections (2) and (3), the names and principal residential address contained in the provisional register for the year for which the final register is being compiled, as corrected, where appropriate, under section 18; (L.N. 10 of 2016)(b) the name and principal residential address of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person (including a claim under section 15(8)); and (L.N. 172 of 2017)(c) entries, if any, made under section 18(1)(b).(2) The Electoral Registration Officer must not include in the final register the names and principal residential address 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 under section 15(1) or (2) has not been allowed by the Revising Officer; and(c) any person whose name has been included in an 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.(3) If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the section or subsection in which the person is to be registered, the Electoral Registration Officer must ensure that the person’s name and principal residential address are recorded in—(a) that section under the appropriate subsection; or(b) that subsection.(4) If, on an objection or a claim made by a person, the Revising Officer has made a ruling on the personal particulars of a person, the Electoral Registration Officer must ensure that those particulars are corrected and recorded in accordance with the ruling.(5) Only decisions made by the Revising Officer during the following period are to be taken into account for the purposes of subsection (1)(b), (2), (3) or (4)—(a) in relation to the final register to be compiled for 2021—the period beginning on 26 September 2021 and ending on 23 October 2021; or(b) in relation to the final register to be compiled for any year subsequent to 2021—the period beginning on 1 August and ending on 11 September in that year. (14 of 2021 s. 28)(L.N. 284 of 1999) 20. Electoral Registration Officer to publish notice of final register and to make final register available for inspection by specified persons (14 of 2021 s. 29)(1) After a final register is compiled, the Electoral Registration Officer must publish in accordance with subsections (1A) and (2) a notice for the final register. (14 of 2021 s. 29)(1A) A notice under subsection (1) must be published—(a) in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong; and(b) not later than 25 September in the year for which the final register is compiled. (14 of 2021 s. 29)(2) A notice under subsection (1) must specify—(a) that a copy of the final register is available for inspection by specified persons during ordinary business hours; and(b) the place or places at which a copy of the final register may be so inspected.(3) The Electoral Registration Officer must make available for inspection in accordance with this section by specified persons, a copy of the final register at the place or places specified in the notice during ordinary business hours.(4) The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of a specific section or subsection of the final 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. (L.N. 284 of 1999)(4A) For the purposes of subsections (3) and (4), the Electoral Registration Officer may further make available for inspection in accordance with this section by specified persons an additional copy of the final register or an additional copy of a specific section or subsection of the final register, in which entries are arranged in a manner that the Electoral Registration Officer considers appropriate for such inspection. (11 of 2012 s. 42)(4B) The Electoral Registration Officer must, in a copy of a final register, or a copy of any section or subsection of a final register, that is made available for inspection by specified persons under this section, show the name of each person registered in a way that—(a) if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or (b) if the person’s name is recorded in English—only the first word of the name is identifiable. (14 of 2021 s. 29)(4C) Subsection (4B) does not affect the way in which any other particulars of a person registered in a final register may be shown. (14 of 2021 s. 29)(4D) A person falling within paragraph (c) of the definition of specified person in subsection (7) may, in that capacity, inspect under this section only—(a) for a person being a validly nominated candidate for a Legislative Council constituency—a copy of the section of the final register that relates to that Legislative Council constituency; or(b) for a person being a validly nominated candidate for a District Council constituency— a copy of the subsection of the final register that relates to that District Council constituency. (14 of 2021 s. 29)(4E) The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in a final register an extract from the register showing only the entry relating to that person in full. (14 of 2021 s. 29)(5) The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, a final register, or a copy of any section or subsection of a final register, to—(a) produce to the Officer the identity document of the person; and (b) complete a form furnished by the Officer. (14 of 2021 s. 29)(6) Publication of a notice under subsection (1) is to be treated as the publication of the final register for the purposes of section 32(1)(b)(i) of the Legislative Council Ordinance (Cap. 542). (L.N. 254 of 2002)(7) In this section—coming election (下一個選舉), in relation to a final register, means any of the following elections that is held within 1 year after the publication date— (a) a Legislative Council general election;(b) a Legislative Council by-election for a geographical constituency;(c) a District Council ordinary election;(d) a District Council by-election for a District Council constituency; (19 of 2023 s. 106)District Council by-election (區議會補選) means a by-election as defined by section 2 of the District Councils Ordinance (Cap. 547); District Council ordinary election (區議會一般選舉) means an ordinary election as defined by section 2 of the District Councils Ordinance (Cap. 547); Legislative Council by-election (立法會補選) means a by-election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); Legislative Council general election (立法會換屆選舉) means a general election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); previous election (先前的選舉), in relation to a final register, means— (a) the last Legislative Council general election that was held before the publication date; (b) any Legislative Council by-election for a geographical constituency that was held after the election mentioned in paragraph (a) and before the publication date;(c) the last District Council ordinary election that was held before the publication date; or(d) any District Council by-election for a District Council constituency that was held after the election mentioned in paragraph (c) and before the publication date; (19 of 2023 s. 106)publication date (刊登日期), in relation to a final register, means the date on which a notice relating to the register is published under subsection (1); specified person (指明的人), in relation to a final register, means— (a) a person who is a subscriber to the Government News and Media Information System maintained by the Director of Information Services; (b) a body or organization that is incorporated, or is registered or exempt from registration, under any law of Hong Kong and—(i) was provided an extract under section 21(1) for a purpose related to a previous election;(ii) was represented by a validly nominated candidate at a previous election; or(iii) has publicly declared an intention to arrange for any person (including a person yet to be specified) to stand as a candidate at a coming election; or(c) a person who is—(i) a validly nominated candidate for a Legislative Council constituency at a coming election; or (ii) a validly nominated candidate for a District Council constituency at a coming election. (14 of 2021 s. 29)(14 of 2021 s. 29) Part 5 Miscellaneous 21. Electoral Registration Officer may make available extracts of register to specified persons for purposes of an election (14 of 2021 s. 30)(1) The Electoral Registration Officer may, any time after the publication of a register, make available an extract from such published register for any purpose related to an election to a specified person. The Electoral Registration Officer may, before making available an extract, arrange the entries in the extract in a form that Officer considers appropriate for the purposes of this section. (14 of 2021 s. 30)(2) When the Electoral Registration Officer makes available an extract under subsection (1), that Officer must specify the particular election for which it may be used.(3) A person to whom an extract is made available under this section must not, in relation to that extract, do any act specified in section 22(3)(a), (c) or (d) for a purpose other than a purpose related to the election for which it may be used under subsection (2).(4) In an extract made available under this section, the Electoral Registration Officer may include (by way of a note or other means that Officer thinks fit)—(a) any information referred to in section 3(5); or(b) information as to whether any person whose particulars are included in that extract is entitled to vote at an election.(5) In this section—election (選舉) means— (a) an election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); or (b) an election as defined by section 2 of the District Councils Ordinance (Cap. 547); specified person (指明的人) means— (a) in relation to a provisional register—a person who is entitled to inspect under section 10 a copy of the omissions list prepared in compiling the register by virtue of being a person falling within paragraph (b) of the definition of specified person in section 10(5); or (b) in relation to a final register—a person falling within paragraph (b) or (c) of the definition of specified person in section 20(7). (14 of 2021 s. 30) 22. Offences and penalties (1) Any person who in any—(a) application made under section 4;(b) response to a requirement for particulars or proof made under section 5;(c) response to a requirement made under section 6;(d) reply to an inquiry made under section 7;(e) application made under section 10A; (L.N. 172 of 2017)(f) notice of objection; or(g) notice of claim,makes any statement which the person knows to be false in a material particular or recklessly makes any statement which is incorrect in a material particular or knowingly omits any material particular from such an application, response, reply or notice commits an offence and is liable on conviction on indictment to a fine at level 3 and to imprisonment for 2 years. (12 of 2014 s. 177; L.N. 172 of 2017; 1 of 2019 s. 4)(2) Any person who directly or indirectly by himself or any other person on his behalf conspires with, incites, compels, induces, coerces, intimidates or persuades another person—(a) to make a false statement in an application, response, reply or notice referred to in subsection (1); or(b) to provide information which the first mentioned person knows to be wrong in a material particular, in an application, response, reply or notice referred to in subsection (1), (L.N. 172 of 2017)commits an offence and is liable on conviction on indictment to a fine at level 3 and to imprisonment for 2 years. (12 of 2014 s. 177; 1 of 2019 s. 4)(3) Any person who—(a) reproduces or permits another person to reproduce in any form any particular contained in an entry in a register or an extract from a register;(b) uses or permits another person to use any information relating to a person obtained for the purpose of compiling a register;(c) uses or permits another person to use any information relating to a person contained in a register or an extract from a register; or(d) imparts to any other person any information referred to in paragraph (a), (b) or (c),for a purpose other than a purpose related to an election, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(4) Any person who fails to furnish information in response to a requirement under section 6 within the period the information is required to be furnished, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(5) Notwithstanding anything to the contrary in subsection (3), any person who contravenes section 21(3) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(6) It is a defence in any prosecution under subsection (4) for the person charged to prove that he or she did not know or could not have reasonably ascertained or provided the information required of him or her.(7) An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of—(a) sections 31, 39, 40 and 53 of the Legislative Council Ordinance (Cap. 542); (b) sections 14, 19, 21, 26A and 30 of the District Councils Ordinance (Cap. 547); and (L.N. 284 of 1999; L.N. 254 of 2002; 3 of 2013 s. 15)(c) sections 14, 20 and 26 of the Chief Executive Election Ordinance (Cap. 569) and sections 5M, 9 and 18 of the Schedule to that Ordinance. (L.N. 254 of 2002; 14 of 2021 s. 31; 19 of 2023 s. 107)(8) An offence under subsection (3) or (5) is to be an offence prescribed for the purposes of—(a) sections 39 and 40 of the Legislative Council Ordinance (Cap. 542); (b) sections 14, 19, 21 and 26A of the District Councils Ordinance (Cap. 547); and (L.N. 284 of 1999; L.N. 254 of 2002; 3 of 2013 s. 15)(c) sections 14 and 20 of the Chief Executive Election Ordinance (Cap. 569) and sections 5M, 9 and 18 of the Schedule to that Ordinance. (L.N. 254 of 2002; 19 of 2023 s. 107)(9) In this section, election (選舉) has the meaning assigned to it by section 21(5). (L.N. 254 of 2002) 23. Electoral Registration Officer to make specified forms available (1) The Electoral Registration Officer must make available the specified forms referred to in sections 4, 10A, 14 and 15 during ordinary business hours at that Officer’s office. (L.N. 172 of 2017)(2) The Electoral Registration Officer may make available those forms at any other place that Officer considers appropriate.(3) The specified forms referred to in subsection (1) must be made available free of charge. 24. Communications by post (L.N. 10 of 2016)If, under this Regulation, any decision, determination, inquiry or other communication is sent to a person by the Electoral Registration Officer by post, that person is deemed to have received it unless it is returned through the post undelivered to the addressee.(L.N. 10 of 2016)