Cap. 569 sub. leg. B

Election Committee (Registration) (Voters for Subsectors) (Members of Election Committee) (Appeals) Regulation(Cap. 569, section 46)(Enacting provision omitted—E.R. 1 of 2012) [16 November 2001](Format changes—E.R. 1 of 2012) 1. (Omitted as spent—E.R. 1 of 2012) 2. Interpretation In this Regulation, unless the context otherwise requires—appeal (上訴) means an appeal made under the Regulation against the decision of the Electoral Registration Officer not to register as an authorized representative a person appointed by a corporate voter as a replacement or a substitute under section 20 of the Regulation; appellant (上訴人) means— (a) a corporate voter who has made an appeal under the Regulation by means of a notice of appeal; or (b) a person who has made a claim or an objection under the Regulation by means of a notice of claim or a notice of objection; authorized representative (獲授權代表) has the meaning assigned to it by section 11(1) of the Schedule to the Ordinance;claim (申索) means a claim made under the Regulation as regards an entry, or registration, in a subsector register or an Election Committee register;corporate voter (團體投票人) has the meaning assigned to it by section 11(1) of the Schedule to the Ordinance;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 published under section 40(2), (3), (3A) or (4) of the Schedule to the Ordinance; (10 of 2006 s. 26)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 and published under section 4 of the Schedule to the Ordinance;Election Committee register (選舉委員會委員登記冊) means an Election Committee provisional register or an Election Committee final register;Electoral Registration Officer (選舉登記主任) has the meaning assigned to it by section 1(1) of the Schedule to the Ordinance;gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); (1 of 2019 s. 18)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 of a Revising Officer; (1 of 2019 s. 18)notice of appeal (上訴通知書) means a notice lodged by a corporate voter under the Regulation for the purpose of making an appeal;notice of claim (申索通知書) means a notice lodged by a person under the Regulation for the purpose of making a claim;notice of objection (反對通知書) means a notice lodged by a person under the Regulation for the purpose of making an objection;objection (反對) means an objection made under the Regulation as regards an entry, or registration, in a subsector register or an Election Committee register;rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); (1 of 2019 s. 18)Regulation (《規例》) 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);subsector (界別分組) has the meaning assigned to it by section 11(1) of the Schedule to the Ordinance;subsector final register (界別分組正式投票人登記冊) has the meaning assigned to it by section 11(1) of the Schedule to the Ordinance;subsector provisional register (界別分組臨時投票人登記冊) has the meaning assigned to it by section 11(1) of the Schedule to the Ordinance;subsector register (界別分組投票人登記冊) means a subsector provisional register or a subsector final register; (1 of 2019 s. 18) working day (工作日) means a day that is not— (a) a general holiday; or (b) a Saturday. (1 of 2019 s. 18) (14 of 2021 s. 457) 2A. Effect of inclement weather warning on date and period (1) (Repealed 1 of 2019 s. 19)(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 or provisions specified opposite to the former provision in column 2 of Table 1; and(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 or provisions and the former provision. Table 1 Column 1 Column 2 section 29(1A)(b)(i) of Cap. 541B (14 of 2021 s. 458) sections 3(4)(b) and 7(2)(aa) and (2AA)(b)(i) section 32(2)(c) of Cap. 541B section 3(4)(b)(i) and (ii) In this Table—Cap. 541B stands for 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). (14 of 2021 s. 458)(5)-(7) (Repealed 14 of 2021 s. 458)(8) If in any year a day specified in column 1 of Table 3 falls on an inclement weather warning day, the provision or provisions specified opposite to the day in column 2 of Table 3 have effect in relation to that year as if the reference to that day in that provision or those provisions is substituted by a reference to the next working day, which is not an inclement weather warning day, following that day. Table 3 Column 1 Column 2 the eighth day before the polling date section 3(3)(a) and (b) 8 September section 3(3)(b)(i) and (ii) 11 September section 7(2)(aa) and (2AA)(b)(ii) 1 August section 7(2AA)(a) (14 of 2021 s. 458)(9) Subsections (2) and (3) are subject to sections 3(5A) and 7(2A). (10) (Repealed 15 of 2016 s. 32)(12 of 2014 s. 24) 3. Fixing of hearing and notifying appellant thereof (1A) This section does not apply to a claim or an objection if the Revising Officer directs under section 3A(2) that the claim or objection be determined without a hearing on the basis of written submissions only. (1 of 2019 s. 20)(1AA) This section also does not apply to a claim or an objection made in relation to a subsector register compiled for 2021. (14 of 2021 s. 459)(1) Where the Revising Officer receives a copy of a notice of appeal or a notice of claim or a notice of objection from the Electoral Registration Officer, the Revising Officer shall, as soon as practicable—(a) subject to subsections (3), (4) and (5), fix a date, time and place for holding a hearing as regards the appeal or the claim or the objection to which the notice relates; and(b) send by post, a notice under subsection (2)— (L.N. 27 of 2003; 1 of 2019 s. 20)(i) to the appellant concerned to the address furnished as his address in the notice of appeal or the notice of claim or the notice of objection, as the case may be; and(ii) in the case of a notice of objection, in addition to the appellant, to the person in respect of whom the objection is made.(2) A notice for the purposes of subsection (1)(b) shall—(a) state that a hearing is to be held as regards the notice of appeal or the notice of claim or the notice of objection, as the case may be;(b) specify the date, time and place fixed under subsection (1)(a) for such hearing;(c) state that the appellant or the person in respect of whom the objection is made, as the case may be—(i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal or claim or objection concerned, as the case may be;(ii) may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person in respect of whom the objection is made, as may be appropriate) who may make representations on his behalf; or(iii) whether or not he appears or is represented, may make representations in writing regarding the appeal or claim or objection concerned and submit them, by post or by hand, at an address (which shall be specified in the notice) to reach the Revising Officer before the date fixed for the hearing; (L.N. 243 of 2001; 1 of 2019 s. 20)(d) in the case of a notice sent to an appellant, state that if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant—(i) does not appear at the hearing;(ii) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and(iii) does not make representations in writing regarding the appeal or claim or objection concerned to be received by the Revising Officer before the date of the hearing, (L.N. 243 of 2001) the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection (as the case may be) relates, shall stand; and (1 of 2019 s. 20)(e) also in the case of a notice sent to an appellant, state that if the appellant—(i) does not appear at the hearing; and(ii) is not represented at the hearing by a legal practitioner or any other person (authorized in writing by the appellant),the Revising Officer may make a ruling dismissing the appeal, claim or objection, whether or not the appellant has made representations in writing regarding the appeal, claim or objection. (1 of 2019 s. 20)(3) If a copy of a notice of appeal is received by the Revising Officer, the date fixed under subsection (1)(a) as regards the appeal to which the notice relates must be—(a) if the copy of the notice is received on or before the eighth day before the polling date for the subsector concerned—a date within a period of 21 days beginning from 25 days before the polling date; or (b) if the copy of the notice is received after the eighth day before the polling date for the subsector concerned in a year and— (i) if the date of receipt falls on or before 8 September in a year—a date within a period of 28 days ending on 11 September in that year; or (ii) if the date of receipt falls after 8 September in a year—a date within a period of 27 days ending on 11 September in the next year. (14 of 2021 s. 459)(4) If a copy of a notice of claim or a notice of objection as regards an entry, or registration, in a subsector register, is received by the Revising Officer, the date fixed under subsection (1)(a) as regards the claim or objection to which the notice relates must be—(a) on or after the third day after the day on which the copy of the notice is received; and(b) a date within the period beginning on 1 August and ending on 11 September in—(i) if the date of receipt falls on or before 29 August in a year—that year; or(ii) if the date of receipt falls after 29 August in a year—the next year. (14 of 2021 s. 459)(5) Where a copy of a notice of claim or a notice of objection as regards an entry, or registration, in an Election Committee register, is received by the Revising Officer not later than the tenth day after the date of publication of the relevant Election Committee provisional register, the date fixed under subsection (1)(a) as regards that notice shall be a date within the period of 20 days after that date of publication, which date so fixed shall not be earlier than the third day after the day on which the copy of the notice is received. (15 of 2016 s. 33)(5A) Despite subsections (3), (4) and (5) and section 6, if— (15 of 2016 s. 33)(a) the date fixed under subsection (1)(a) for a hearing—(i) is the last day of the period specified in subsection (3)(a) or (b)(i) or (ii), (4)(b) or (5); or (14 of 2021 s. 459)(ii) is postponed under section 2A to or beyond the last day of the period mentioned in subparagraph (i); and(b) the deadline for the making of representations in writing to the Revising Officer under this section is postponed under section 2A to that hearing day, the Revising Officer may, in his or her discretion, postpone the hearing to the next working day, which is not an inclement weather warning day, following that postponed deadline. (12 of 2014 s. 25)(6) As regards any notice of appeal or notice of claim or notice of objection—(a) in the case where the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and the appellant—(i) does not appear at the hearing;(ii) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and(iii) does not make representations in writing regarding the appeal or claim or objection concerned to be received by the Revising Officer before the date of the hearing, (L.N. 243 of 2001) the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection (as the case may be) relates, shall stand; or(b) in any other case, the Revising Officer shall make a ruling either allowing or dismissing the appeal or the claim or the objection, as the case may be, to which that notice relates.(6A) Without limiting subsection (6), if the appellant—(a) does not appear at the hearing; and(b) is not represented at the hearing by a legal practitioner or any other person (authorized in writing by the appellant),the Revising Officer may make a ruling dismissing the appeal, claim or objection, whether or not the appellant has made representations in writing regarding the appeal, claim or objection. (1 of 2019 s. 20)(7) (Repealed 1 of 2019 s. 20) 3A. Revising Officer to determine certain claims or objections based on written submissions (1) This section applies if—(a) the Revising Officer receives a copy of a notice of claim or a notice of objection from the Electoral Registration Officer;(b) the claim or objection is made in respect of a subsector provisional register; and(c) the Electoral Registration Officer requests under a specified provision that the claim or objection be determined without a hearing on the basis of written submissions only.(1A) This section also applies to a claim or an objection made in relation to a subsector register compiled for 2021. (14 of 2021 s. 460)(2) The Revising Officer must direct that the claim or objection be determined without a hearing on the basis of written submissions only.(3) The Revising Officer must send by post a notice specified in subsection (4) to the party to whom the claim or objection relates—(a) if the claim or objection relates to a subsector provisional register compiled for 2021—not later than 23 July 2021; or (14 of 2021 s. 460)(b) if the claim or objection relates to a subsector provisional register compiled for any year subsequent to 2021—not later than 29 August in that year. (14 of 2021 s. 460)(4) The notice must state that—(a) the claim or objection is to be determined by the Revising Officer without a hearing on the basis of written submissions only;(b) the party may make written representations regarding the claim or objection and submit them by post or by hand at the address, and by the date, specified in the notice; and(c) after the claim or objection is determined, the party will be notified of the ruling of the Revising Officer by the date specified in section 4.(5) The Revising Officer must make a ruling either allowing or dismissing the claim or objection.(6) In this section— party (一方) means— (a) in relation to a claim—the person who made the claim; or (b) in relation to an objection—(i) the person who made the objection; or(ii) the person in respect of whom the objection is made; specified provision (指明條文) means section 32(4) or (5) of the Regulation.(1 of 2019 s. 21) 3B. Appellant to provide sufficient information (1) An appellant must provide sufficient information about the appeal, claim or objection concerned to inform the following persons of the grounds of the appeal, claim or objection—(a) the Revising Officer;(b) the Electoral Registration Officer;(c) in relation to an objection—the person in respect of whom the objection is made.(2) The information may be provided—(a) in the notice of appeal, notice of claim or notice of objection (as appropriate);(b) if a hearing is held for the appeal, claim or objection—in the representations referred to in section 3(2)(c); or(c) if the claim or objection is determined without a hearing on the basis of written submissions only—in the written representations referred to in section 3A(4)(b).(1 of 2019 s. 21) 4. Appellant and person in respect of whom objection is made to be notified of rulings etc. (1) If a decision of the Electoral Registration Officer stands under section 3(6)(a), the Revising Officer must notify the party concerned of that fact.(2) If the Revising Officer makes a ruling under section 3(6)(b) or (6A) or section 3A(5), the Revising Officer must notify the party concerned of the ruling.(3) A notification under subsection (1) or (2) must be sent to the party by post.(4) A notification in relation to a ruling made under section 3A(5) must be sent—(a) if the ruling relates to a subsector provisional register compiled for 2021—not later than 28 July 2021; or(b) if the ruling relates to a subsector provisional register compiled for any year subsequent to 2021—not later than 7 September in that year. (14 of 2021 s. 461)(5) In this section— party (一方) means— (a) in relation to an appeal—the corporate voter who made the appeal; (b) in relation to a claim—the person who made the claim; or (c) in relation to an objection—(i) the person who made the objection; or(ii) the person in respect of whom the objection is made. (1 of 2019 s. 22) 5. Electoral Registration Officer to be notified of rulings made under section 3(6) and (6A) etc. (1) If a hearing is held under section 3 for an appeal, a claim or an objection, the Revising Officer must, in accordance with subsection (3), give the Electoral Registration Officer written notice—(a) that the decision of the Electoral Registration Officer in respect of the appeal, claim or objection is to stand under section 3(6)(a); or(b) of the ruling of the Revising Officer made under section 3(6)(b) or (6A) in respect of the appeal, claim or objection.(2) If a hearing is held for—(a) a review under section 7(1)(a) of a ruling in respect of an appeal, a claim or an objection; or(b) a review under section 7(1)(b) of a ruling in respect of a claim or an objection,the Revising Officer must, in accordance with subsection (3), give the Electoral Registration Officer written notice of the result of the review.(3) The Revising Officer must give the notice to the Electoral Registration Officer—(a) after a hearing in connection with a claim or an objection in respect of a subsector provisional register is concluded—not later than 17 September in the year in which the hearing is concluded; (14 of 2021 s. 462)(b) after a hearing in connection with an appeal is concluded—(i) during the period referred to in section 3(3)(a)—on a date at least 3 working days before the polling date mentioned in that section; or (14 of 2021 s. 462)(ii) during the period referred to in section 3(3)(b)(i) or (ii)—not later than 17 September in the year in which the hearing is concluded; or (14 of 2021 s. 462)(iii) (Repealed 14 of 2021 s. 462)(c) after a hearing in connection with a claim or an objection in respect of an Election Committee provisional register is concluded not later than the twentieth day after the date of publication mentioned in section 3(5)—not later than the twenty-first day after the date of publication.(4) Despite subsection (3)(c), if a hearing is postponed under section 2A or 3(5A) and concluded later than the twentieth day after the date of publication, the Revising Officer may give the notice to the Electoral Registration Officer on or before the next working day (which is not an inclement weather warning day) following the date on which the hearing is concluded.(1 of 2019 s. 22) 5A. Electoral Registration Officer to be notified of rulings made under section 3A(5) If a ruling is made under section 3A(5), the Revising Officer must notify the Electoral Registration Officer of the ruling—(a) if the ruling relates to a subsector provisional register compiled for 2021—not later than 28 July 2021; or (14 of 2021 s. 463)(b) if the ruling relates to a subsector provisional register compiled for any year subsequent to 2021—not later than 7 September in that year. (14 of 2021 s. 463)(1 of 2019 s. 23) 6. Determination of matters and powers of adjournment, etc. The Revising Officer shall determine every matter to be determined by him under this Regulation as soon as practicable, and the hearing of any such matter shall, as far as practicable having regard to the interests of justice, be continued from day to day (excluding general holidays) until its conclusion, but subject to the foregoing, the determination and hearing of any such matter may be adjourned at any time to a date not later than the last day of the period as referred to in section 7(2)(aa), (a) or (f), as the case may be.(L.N. 27 of 2003; 14 of 2021 s. 464) 7. Review of rulings by Revising Officer (1) The Revising Officer may, subject to subsection (2), and on his own initiative or for good cause shown by the Electoral Registration Officer or the appellant or the person in respect of whom the objection is made— (1 of 2019 s. 24)(a) review a ruling made under section 3(6)(b) or (6A), and for that purpose, rehear the matter wholly or in part and reverse or confirm the ruling; or(b) review a ruling made under section 3A(5), and for that purpose, hold a hearing and reverse or confirm the ruling. (1 of 2019 s. 24)(1A) Despite subsection (1)(b), if the ruling being reviewed relates to a subsector register compiled for 2021, the Revising Officer must determine whether to reverse or confirm the ruling without a hearing on the basis of written submissions only. (14 of 2021 s. 465)(2) A ruling under section 3(6)(b) or (6A) made— (1 of 2019 s. 24)(aa) during the period beginning on 1 August and ending on 11 September in a year may only be reviewed during that period; (14 of 2021 s. 465)(ab) (Repealed 14 of 2021 s. 465)(a) during the period referred to in section 3(3)(a) or (b)(i) or (ii) may only be reviewed during that period; or (14 of 2021 s. 465)(b)-(c) (Repealed 14 of 2021 s. 465)(d)-(e) (Repealed L.N. 27 of 2003)(f) not later than the twentieth day after the date of publication of the relevant Election Committee provisional register as referred to in section 3(5) may only be reviewed during the period of 20 days after that date of publication.(2AA) A ruling under section 3A(5) may only be reviewed during the following period—(a) if the ruling relates to a subsector register compiled for 2021—the period—(i) beginning on 18 July 2021; and(ii) ending on 1 August 2021; or(b) if the ruling relates to a subsector register compiled for any year subsequent to 2021—the period—(i) beginning on 1 August; and(ii) ending on 11 September in that year. (14 of 2021 s. 465)(2A) Despite subsection (2), if the conditions under section 3(5A)(a)(i) or (ii) and (b) are met, the period for a review of the ruling in respect of the appeal, claim or objection in question is extended to the next working day, which is not an inclement weather warning day, following the postponed deadline for the making of representations in writing to the Revising Officer specified in section 3(5A) in relation to that appeal, claim or objection. (12 of 2014 s. 27)(2B) A ruling made or reviewed after 11 September in a year because of an extension under subsection (2A) is deemed, for sections 35(5)(b) and 36(5)(b) of 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), to be made on 11 September in that year. (12 of 2014 s. 27; 14 of 2021 s. 465)(2C) (Repealed 14 of 2021 s. 465)(2D) A ruling made or reviewed after the twentieth day after the date of publication of the relevant Election Committee provisional register as referred to in section 3(5) because of an extension under subsection (2A) is deemed, for section 37(1E) of 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), to be made not later than the twentieth day after that date. (15 of 2016 s. 35)(3) In the case where the Revising Officer decides to review any ruling made under section 3(6)(b) or (6A) or section 3A(5), he shall determine the procedure for such review. (1 of 2019 s. 24)(4) (Repealed 1 of 2019 s. 24) 8. Approval of Revising Officer in relation to Electoral Registration Officer’s proposal In the case where the Electoral Registration Officer has sought the Revising Officer’s approval as referred to in section 34 of the Regulation in relation to a subsector register or an Election Committee register, the Revising Officer shall, as soon as practicable, make a determination and notify the Electoral Registration Officer of his determination. 9. Revising Officer may require Electoral Registration Officer to provide information The Revising Officer may require the Electoral Registration Officer to provide any information which the Revising Officer considers necessary for him to make a determination under this Regulation. 10. Power of Electoral Registration Officer to advance certain dates consequent on Officer’s exercise of power under section 14(1AB) of Schedule to Ordinance If the Electoral Registration Officer exercises the power under section 14(1AB) of the Schedule to the Ordinance in respect of a subsector provisional register or a subsector final register, the Officer may, by notice published in the Gazette, advance all or any of the dates or periods stipulated under this Regulation for—(a) any matters leading to, or in relation to, the compilation or publication of the register concerned; and(b) any acts to be done in relation to the matters mentioned in paragraph (a).(8 of 2025 s. 39)