Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation
(Enacting provision omitted—E.R. 3 of 2014)
[12 November 1997]
(Format changes—E.R. 3 of 2014)
(Omitted as spent—E.R. 3 of 2014)
In this Regulation, unless the context otherwise requires—
appeal (上訴) means an appeal made under section 31A; (L.N. 200 of 2001) authorized representative (獲授權代表), in relation to— (a)a corporate elector, means the person authorized by the corporate elector to cast its vote at an election; and (b)a corporate voter, means the person authorized by the corporate voter to cast its vote at an Election Committee subsector election; body (團體) means an incorporated or unincorporated body, and includes a firm or a group of persons (which may include incorporated or unincorporated bodies) who are associated with each other through a shared relevant interest; (L.N. 200 of 2001) claim (申索) means a claim made under section 31; corporate elector (團體選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); corporate voter (團體投票人) has the meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) current year (現年份), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the year for which the relevant provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) Election Committee final register (選舉委員會正式委員登記冊) means the final register of members of the Election Committee required to be compiled under section 40(2), (3) or (3A) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or published under section 40(4) of that Schedule; (L.N. 200 of 2001; L.N. 112 of 2006) Election Committee interim register (選舉委員會暫行委員登記冊) means the interim register of members of the Election Committee required to be compiled under section 40(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 112 of 2006) Election Committee omissions list (選舉委員會取消登記名單) means the omissions list referred to in section 24(3A); (L.N. 200 of 2001; 12 of 2014 s. 114) Election Committee provisional register (選舉委員會臨時委員登記冊) means the provisional register of members of the Election Committee required to be compiled under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) Election Committee register (選舉委員會委員登記冊) means an Election Committee provisional register, an Election Committee interim register or an Election Committee final register; (L.N. 200 of 2001; L.N. 112 of 2006) Election Committee subsector election (選舉委員會界別分組選舉) means a subsector election within the meaning of section 1 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) elector (選民) means a person who is registered in a functional constituencies final register or a person who has applied for registration as an elector and whose personal particulars or relevant particulars are recorded in a functional constituencies provisional register; Electoral Registration Officer (選舉登記主任), in relation to— (a)a functional constituencies register or a functional constituencies omissions list, has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); (b)a subsector register, a subsector omissions list, an Election Committee register or an Election Committee omissions list, has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) eligible person (合資格人士) means— (a)in relation to a functional constituencies provisional register—an eligible person for the functional constituencies provisional register to be compiled for 2021 within the meaning of section 2AA(1) or (2); or (b)in relation to a subsector provisional register—an eligible person for the subsector provisional register to be compiled for 2021 within the meaning of section 2AA(3); (14 of 2021 s. 32) existing Election Committee final register (現有的選舉委員會正式委員登記冊) means the existing final register of members of the Election Committee within the meaning of section 4(7) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) existing functional constituencies final register (現有的功能界別正式選民登記冊), in relation to the compilation of a functional constituencies provisional register, means the functional constituencies final register— (a)published in the preceding year; and (b)which is in effect by virtue of section 33 of the Legislative Council Ordinance (Cap. 542) at the time the provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) existing subsector final register (現有的界別分組正式投票人登記冊), in relation to— (a)(Repealed L.N. 255 of 2002) (b)the compilation of a subsector provisional register, means the subsector final register— (L.N. 255 of 2002)(i)published in the preceding year; and(ii)which is in effect by virtue of section 15 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) at the time the provisional register is being compiled; (L.N. 200 of 2001) ex-officio member (當然委員) has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) functional constituencies final register (功能界別正式選民登記冊) means a final register of electors for functional constituencies required to be compiled under section 32(1)(b)(ii) of the Legislative Council Ordinance (Cap. 542); (L.N. 255 of 2002; 14 of 2021 s. 32) functional constituencies omissions list (功能界別取消登記名單) means the omissions list referred to in section 24(1)(a); (L.N. 307 of 1999; 12 of 2014 s. 114) functional constituencies provisional register (功能界別臨時選民登記冊) means a provisional register of electors for functional constituencies required to be compiled under section 32(1)(a)(ii) of the Legislative Council Ordinance (Cap. 542); (L.N. 255 of 2002; 14 of 2021 s. 32) functional constituencies register (功能界別選民登記冊) means a functional constituencies provisional register or a functional constituencies final register; functional constituency (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); GC Register Regulation (《地方選區登記冊規例》) means the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A); (L.N. 71 of 2011; 19 of 2023 s. 108) geographical constituencies final register (地方選區正式選民登記冊) 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. 71 of 2011; 14 of 2021 s. 32) geographical constituencies provisional register (地方選區臨時選民登記冊) 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. 71 of 2011; 14 of 2021 s. 32) geographical constituencies register (地方選區選民登記冊) means a geographical constituencies provisional register or a geographical constituencies final register; (L.N. 71 of 2011) geographical constituency (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap. 542) or specified to be a geographical constituency in Schedule 6 to that Ordinance; (14 of 2021 s. 32) Hong Kong and Kowloon District Committees subsector (港九地區委員會界別分組) means the representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of Hong Kong and Kowloon subsector; (14 of 2021 s. 32) identity document (身分證明文件) means— (a)an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177); (b)a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (1 of 2019 s. 78) (c)any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person’s identity; (L.N. 200 of 2001) member of District Committee (地區委員會的委員) means a person who is a member of any of the Area Committees, District Fight Crime Committees and District Fire Safety Committees specified in section 39ZH or 39ZI of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 32) New Territories District Committees subsector (新界地區委員會界別分組) means the representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees of the New Territories subsector; (14 of 2021 s. 32) next Election Committee provisional register (下一份選舉委員會臨時委員登記冊) means the next provisional register of members of the Election Committee required to be compiled, not later than a date that falls within the term of office of that Committee, under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) notice of appeal (上訴通知書) means a notice of appeal within the meaning of section 31A(1); (L.N. 200 of 2001) notice of claim (申索通知書) means a notice of claim within the meaning of section 31(7); notice of objection (反對通知書) means a notice of objection within the meaning of section 30(1); notification (通告) means a notification sent under Part IV; NPC, CPPCC and relevant national organisations functional constituency (全國人大、全國政協及有關全國性團體功能界別) means 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; (14 of 2021 s. 32) NPC deputy, CPPCC member or representative of relevant national organisation (全國人大代表、全國政協委員或有關全國性團體代表) means a person specified in section 20ZD of the Legislative Council Ordinance (Cap. 542); (14 of 2021 s. 32) objection (反對) means an objection made under section 30(1); omissions list (取消登記名單), in relation to— (12 of 2014 s. 114) (a)the compilation of a functional constituencies provisional register, means a functional constituencies omissions list; (b)the compilation of a subsector provisional register, means a subsector omissions list; (L.N. 307 of 1999; L.N. 200 of 2001) (c)the compilation of an Election Committee provisional register, means an Election Committee omissions list; (L.N. 200 of 2001) personal particulars (個人詳情), in relation to a natural person, means the name and principal residential address of the person; (L.N. 307 of 1999) preceding year (對上一年), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the year immediately preceding the year for which the relevant provisional register is being compiled; (L.N. 307 of 1999; L.N. 200 of 2001) principal residential address (主要住址), in relation to a 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. 200 of 2001; L.N. 157 of 2009) relevant particulars (有關詳情) means the particulars of a body required to be recorded under section 3(3)(a); representative of relevant national organisation (有關全國性團體代表) means a person specified in section 20ZD(c), (d), (e), (f) or (g) of the Legislative Council Ordinance (Cap. 542); (14 of 2021 s. 32) responsible person (負責人), in relation to a particular purpose of this Regulation, means— (a)the person authorized for the time being by a body according to its constitution, governing rules or internal procedures, for that purpose; or (b)if more than one person is so authorized, any such person; Revising Officer (審裁官), in relation to— (a)a functional constituencies register or a functional constituencies omissions list, has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); (b)a subsector register, a subsector omissions list, an Election Committee register or an Election Committee omissions list, has the meaning assigned to it by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) sector (界別) means a sector represented on the Election Committee under Part 2 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) specified form (指明表格), in relation to a particular purpose under this Regulation, means the form specified pursuant to section 7(1)(i) of the Ordinance or under section 76 of the Legislative Council Ordinance (Cap. 542) or under section 45 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), for that purpose; (L.N. 200 of 2001) specified particulars (指明詳情) means the particulars of a member of the Election Committee specified in section 5(4); (L.N. 200 of 2001) subsector (界別分組) means a subsector specified in a Table; subsector final register (界別分組正式投票人登記冊) means a final register of voters for subsectors required to be compiled under section 14(1)(b) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 32) subsector omissions list (界別分組取消登記名單) means the omissions list referred to in section 24(1)(b); (L.N. 307 of 1999; 12 of 2014 s. 114) subsector provisional register (界別分組臨時投票人登記冊) means a provisional register of voters for subsectors required to be compiled under section 14(1)(a) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 32) subsector register (界別分組投票人登記冊) means a subsector provisional register or a subsector final register; (L.N. 307 of 1999; L.N. 200 of 2001) Table (列表) means a Table included in section 2 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 200 of 2001) vacancy declaration (空缺宣布) means a declaration under section 5 of the Chief Executive Election Ordinance (Cap. 569); (L.N. 173 of 2017) voter (投票人) means a person who is registered in a subsector final register or a person who has applied for registration as a voter and whose personal particulars or relevant particulars are recorded in a subsector provisional register. (L.N. 307 of 1999; L.N. 200 of 2001)In this Regulation, a reference to the compilation of an Election Committee final register is to be construed, in relation to the Election Committee final register required to be published under section 40(4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), as a reference to the publication of the relevant Election Committee provisional register as that Election Committee final register. (L.N. 200 of 2001)
A person is an eligible person for the functional constituencies provisional register to be compiled for 2021 if the person—
is eligible under section 25 of Cap. 542 to be registered as an elector for the following functional constituency in that provisional register—
the agriculture and fisheries functional constituency;
the commercial (third) functional constituency;
the transport functional constituency;
the tourism functional constituency;
the catering functional constituency;
the technology and innovation functional constituency;
the sports, performing arts, culture and publication functional constituency;
the medical and health services functional constituency; or
the NPC, CPPCC and relevant national organisations functional constituency;
applies under section 19 to be registered as such an elector; and
is not disqualified under section 31 of Cap. 542 from being registered as such an elector.
A person is also an eligible person for the functional constituencies provisional register to be compiled for 2021 if—
the person is registered in the functional constituencies final register published in 2020 as an elector for a functional constituency in a particular capacity (former capacity);
the person is no longer eligible to be registered as an elector for any functional constituency by virtue of the former capacity; and
the person—
is eligible under section 25 of Cap. 542 to be registered as an elector for any functional constituency in another capacity in that provisional register;
applies under section 19 to be registered as such an elector; and
is not disqualified under section 31 of Cap. 542 from being registered as such an elector.
A person is an eligible person for the subsector provisional register to be compiled for 2021 if the person—
is eligible under section 12 of the Schedule to Cap. 569 to be registered as a voter for a subsector in that provisional register; and
applies under section 19 to be registered as such a voter.
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 sections 35(5) and 36(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.If—
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;
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
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.
If—
a period is prescribed in or fixed under this Regulation;
an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and
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.
If—
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;
the same date is prescribed in the provision or provisions specified opposite to the former provision in column 2 of Table 1; and
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 19(1)(a) | section 19(4)(a) and (b) |
| section 19(4A)(a)(i) | section 19(4A)(a)(ii) |
| section 19(4A)(b)(i) | section 19(4A)(b)(ii) |
| section 26(4A)(a)(i)(B) | section 26(4A)(b)(i)(A) |
| section 26(4A)(a)(ii)(B) | section 26(4A)(b)(ii)(A) |
| section 26(4A)(b)(i)(B) | section 26(4A)(c)(i) |
| section 26(4A)(b)(ii)(B) | section 26(4A)(c)(i) |
| section 26(4A)(c)(ii) | section 26(4A)(c)(i) |
| section 26A(12)(a)(ii) | section 26A(12)(b)(i) |
| section 26A(12)(b)(ii) | section 26A(12)(c)(i) |
| section 26A(12)(c)(ii) | section 26A(12)(c)(i) |
| section 29(1A)(b)(i) | sections 35(5)(b) and 36(5)(b) |
Subsections (6) and (7) apply if—
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;
another date which is the day following the date mentioned in paragraph (a) is prescribed in the provisions specified opposite to the former provision in column 2 of Table 2; and
the date mentioned in paragraph (a) falls on an inclement weather warning day in a year.
| Column 1 | Column 2 |
| section 19(1)(a) | sections 27(1)(c)(i)(C) and (ii)(C) and 28(1)(a)(i)(C) and (ii)(C) |
| section 19(4A)(a)(i) | sections 27(1)(c)(ii)(B)(I) and 28(1)(a)(ii)(B)(I) |
| section 19(4A)(b)(i) | sections 27(1)(c)(ii)(B)(II) and 28(1)(a)(ii)(B)(II) |
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.
The day following the working day mentioned in subsection (6) is taken to be prescribed in relation to the year instead for the provisions specified in subsection (5)(b).
(Repealed 15 of 2016 s. 16)
(Format changes—E.R. 1 of 2013)
A functional constituencies register is to be divided into parts by reference to functional constituencies so that there is a separate part for each functional constituency. (L.N. 71 of 2011; 14 of 2021 s. 35)
(Repealed 14 of 2021 s. 35)
An entry in a functional constituencies register, relating to a natural person, must show the personal particulars of the person. (L.N. 307 of 1999)
(Repealed 14 of 2021 s. 35)
An entry in a functional constituencies register, relating to a body, must show the following particulars—
the name and business address of the body; and
the name of the authorized representative for the body, if it has been furnished to the Electoral Registration Officer. (L.N. 307 of 1999)
The order in which names of electors who are natural persons are to be arranged in a functional constituencies register is as follows— (L.N. 71 of 2011; 14 of 2021 s. 35)
the names of the electors in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first;
the names of the electors in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999)
If a functional constituency has both corporate electors and electors who are natural persons, the part of the functional constituencies register relating to that constituency is to be divided into 2 parts. The entries relating to the natural persons are to be contained in one part and the entries relating to the corporate electors are to be contained in the other. The entries in the part for the natural persons are to be arranged as specified in subsection (4). The entries in the part for the corporate electors are to be arranged as specified in subsection (7).
If a functional constituency has only corporate electors, the entries for that functional constituency are to be arranged as specified in subsection (7).
The entries in a functional constituencies register relating to corporate electors for a functional constituency are to be arranged so that those with the electors’ names in Chinese appear first and those with the electors’ names in English follow. The entries with the electors’ names in Chinese are to be arranged in an order determined by the Electoral Registration Officer. The others are to be arranged in the alphabetical order of the names of those electors.
A subsector register is to be divided into parts by reference to sectors so that there is a separate part for each of the 5 sectors, namely the First Sector, the Second Sector, the Third Sector, the Fourth Sector and the Fifth Sector referred to in Part 2 of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 200 of 2001)
Each part referred to in subsection (1) must be further divided into sections corresponding to the subsectors of which the sector is composed (excluding the subsectors for which an Election Committee subsector election is not required to be held under the Schedule to the Chief Executive Election Ordinance (Cap. 569)) in the same order in which they appear in the relevant Table. (L.N. 200 of 2001)
The particulars specified in section 3(2) or (3), as the case may require, must be recorded in respect of each voter. (L.N. 200 of 2001)
The order in which names of voters who are natural persons are to be arranged in a subsector register is as follows—
the names of the voters in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first;
the names of the voters in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999)
If a subsector has both corporate voters and voters who are natural persons, the part of the subsector register relating to that subsector is to be divided into 2 parts. The entries relating to the natural persons are to be contained in one part and the entries relating to the corporate voters are to be contained in the other. The entries in the part for the natural persons are to be arranged as specified in subsection (4). The entries in the part for the corporate voters are to be arranged as specified in subsection (7).
If a subsector has only corporate voters, the entries for that subsector are to be arranged as specified in subsection (7).
The entries in a subsector register relating to corporate voters for a subsector are to be arranged so that those with the voters’ names in Chinese appear first and those with the voters’ names in English follow. The entries with the voters’ names in Chinese are to be arranged in an order determined by the Electoral Registration Officer. The others are to be arranged in the alphabetical order of the names of those voters.
An Election Committee register is to be divided into 5 parts so that there is a separate part for each sector. (L.N. 200 of 2001; 14 of 2021 s. 37)
The entries for a sector must be arranged with reference to the subsectors of which the sector is composed. The particulars of a member must be recorded under the subsector for which the member is elected or nominated or of which he or she is an ex-officio member, as the case may be. (14 of 2021 s. 37)
(Omitted as expired—E.R. 1 of 2013)
(Repealed L.N. 307 of 1999)
Each part of an Election Committee register must contain the following particulars of a member, under the appropriate subsector— (L.N. 200 of 2001)
the name of the member;
(Repealed L.N. 307 of 1999)
the principal residential address of the member; (L.N. 307 of 1999)
if a member has resigned, or is deemed to have resigned, from the Election Committee under section 3 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), a note or other indication to that effect against the entry relating to that member; and (L.N. 200 of 2001; L.N. 84 of 2004)
(Repealed 14 of 2021 s. 37)
(Repealed L.N. 84 of 2004)
The order in which the names of members are to be arranged under a subsector is as follows— (14 of 2021 s. 37)
the names of the members in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first;
the names of the members in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). (L.N. 307 of 1999)
(Omitted as spent—E.R. 1 of 2013)
In a functional constituencies register or a subsector register, the name of an elector or voter who is a natural person or the name of an authorized representative is to be recorded—
in Chinese, if the person’s principal residential address on the application for registration as an elector or voter or on the specified form for the appointment as an authorized representative, as the case may be, is in Chinese; or
in English, if the person’s principal residential address on the relevant application or specified form referred to in paragraph (a) is in English. (L.N. 255 of 2002)
In a functional constituencies register or a subsector register, the name of a corporate elector or a corporate voter is to be recorded—
in Chinese, if the elector’s or voter’s name on the application for registration as an elector or voter is only in Chinese;
in English, if the elector’s or voter’s name on that application is only in English; or
in Chinese or English, as determined by the Electoral Registration Officer, if the elector’s or voter’s name on that application is in a language other than Chinese or English.
In an Election Committee register, the name of a member is to be recorded— (L.N. 200 of 2001)
in Chinese—
if the member’s principal residential address on the application to be registered as an elector for a functional constituency is in Chinese;
if the member has not applied to be so registered, if the member’s principal residential address on the application to be registered as a voter for a subsector is in Chinese; or
if the member—
is a nominee for a subsector or an ex-officio member; and (14 of 2021 s. 38)
has not applied to be registered as an elector or a voter,
if the member’s principal residential address on the application to be registered for a geographical constituency is in Chinese; or
in English, if the member’s principal residential address on the relevant application referred to in paragraph (a) is in English. (L.N. 255 of 2002)
Subject to this Part, the Electoral Registration Officer may determine the form of a functional constituencies register, a subsector register or an Election Committee register. (L.N. 200 of 2001)
The Electoral Registration Officer may determine whether an entry relating to a person in a register referred to in subsection (1) is to be in Chinese or English in a case which is not provided for in section 6 or 7.
(Format changes—E.R. 2 of 2020)
For the purpose of preparing a functional constituencies register or a subsector register, the Electoral Registration Officer may require—
a body;
a public authority; or
any other person,
to furnish such information as that Officer may specify.
Without limiting subsection (1), the Electoral Registration Officer may require a person referred to in subsection (1)(a), (b) or (c) to furnish—
the names and addresses of the members of a body;
information as to the period for which a member has had membership of the body;
the constitution of a body; (L.N. 307 of 1999; L.N. 200 of 2001)
the name and address of any person who appears to the Electoral Registration Officer to be eligible to be registered as an elector under sections 20A to 20ZD of the Legislative Council Ordinance (Cap. 542) or as a voter under the Schedule to the Chief Executive Election Ordinance (Cap. 569); (L.N. 307 of 1999; L.N. 200 of 2001; 14 of 2021 s. 39)
the identity document number of any natural person referred to in paragraph (a) or (d);
the name, address and business registration number of a body and the period for which a body has been operating; and (14 of 2021 s. 39)
(Repealed 14 of 2021 s. 39)
in the case of a trade union, the name and address of the trade union and the period for which it has been operating.
Subject to subsection (4), when the Electoral Registration Officer makes a requirement under this section, the body, public authority or other person of whom the requirement is made must furnish the required information within 30 days of the requirement being made. (L.N. 307 of 1999)
If the Electoral Registration Officer thinks it fit, that Officer may, in a particular case, extend the period referred to in subsection (3). If the period is so extended, the body, public authority or other person concerned must furnish the information within the extended period. (L.N. 307 of 1999)
For the avoidance of doubt, it is declared that the Electoral Registration Officer may make a requirement under this section only for the purpose of preparing a functional constituencies register or a subsector register.
A person may use information obtained under this section only for the purpose of preparing a register referred to in subsection (5) or in connection with an investigation or proceedings relating to an offence under this Regulation.
In subsection (2)(c), the reference to the constitution of a body is a reference to—
in relation to a body concerned with a functional constituencies register—the constitution of the body within the meaning of section 3AA(2) of the Legislative Council Ordinance (Cap. 542); or
in relation to a body concerned with a subsector register—the constitution of the body within the meaning of section 11A(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 39)
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).For the purpose of preparing an Election Committee register, the Electoral Registration Officer may require any of the following persons to furnish information as to the personal particulars of any person who holds, or appears to the Officer to hold, an office specified in Division 1 of Part 2A of the Schedule to the Chief Executive Election Ordinance (Cap. 569)—
a body;
a public authority;
any other person. (14 of 2021 s. 40)
Subject to subsection (3), a person of whom a requirement is made under subsection (1) must furnish the information within a period specified by the Electoral Registration Officer.
If the Electoral Registration Officer thinks it fit, that Officer may extend the period referred to in subsection (2) in any particular case. If the period is so extended, the person concerned must furnish the information within the extended period.
For the avoidance of doubt, it is declared that the Electoral Registration Officer may make a requirement under this section only for the purpose of preparing an Election Committee register. (L.N. 200 of 2001)
A person may use information obtained under this section only for the purpose of preparing an Election Committee register or in connection with an investigation or proceedings relating to an offence under this Regulation. (L.N. 200 of 2001)
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). (14 of 2021 s. 40)(Format changes—E.R. 2 of 2020)
In this Part—
due date (到期日), in relation to a notification, means the first 2 June that follows the sending of the notification or, if a date is specified in the notification under section 12(5), that date; (L.N. 307 of 1999; L.N. 255 of 2002; 14 of 2021 s. 41) existing geographical constituencies final register (現有的地方選區正式選民登記冊), in relation to the compilation of a functional constituencies provisional register or a subsector provisional register, means the final register of electors for geographical constituencies compiled under section 32(1)(b)(i) of the Legislative Council Ordinance (Cap. 542) published in the preceding year and which is in effect under section 33 of that Ordinance, at the time of such compilation; (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 41) member (議員), in relation to the Heung Yee Kuk, means the Chairman and Vice-Chairmen of the Heung Yee Kuk and Ex-Officio, Special and Co-opted Councillors of the Full Council of the Kuk; recipient (收件人) means the person to whom a notification is sent.(L.N. 307 of 1999; 14 of 2021 s. 41)
(Repealed 14 of 2021 s. 41)
(Repealed L.N. 307 of 1999)
(Repealed 14 of 2021 s. 41)
To compile a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may send notifications in accordance with this Part.
Any notification under subsection (1) must be sent, by post— (L.N. 307 of 1999; L.N. 255 of 2002)
if the notification is sent for compiling—
the functional constituencies provisional register for 2021—at least 14 days before 26 September 2021; or
the subsector provisional register for 2021—at least 7 days before 5 July 2021; or
if the notification is sent for compiling the functional constituencies provisional register or subsector provisional register for any year subsequent to 2021—at least 14 days before 2 June in that year. (14 of 2021 s. 42)
A notification must be in writing and contain the name of the natural person to whom it is sent. (L.N. 200 of 2001)
(Repealed L.N. 200 of 2001)
A notification sent for compiling the functional constituencies provisional register or subsector provisional register for 2021 must specify a date as the due date for the notification. (14 of 2021 s. 42)
The date specified under subsection (5) must be—
at least 7 days after the date on which the notification is sent; and
not later than—
for a notification sent for compiling the functional constituencies provisional register for 2021—19 September 2021; or
for a notification sent for compiling the subsector provisional register for 2021—5 July 2021. (14 of 2021 s. 42)
The Electoral Registration Officer may send 1 notification under this section to a person both for compiling a functional constituencies provisional register and for compiling a subsector provisional register. (14 of 2021 s. 42)
(Repealed L.N. 307 of 1999)
To compile a functional constituencies provisional register, the Electoral Registration Officer may send a notification to a member of the Heung Yee Kuk who—
is registered in the existing geographical constituencies final register;
is not registered for the Heung Yee Kuk functional constituency in the existing functional constituencies final register; and
is eligible to be registered as an elector for the Heung Yee Kuk functional constituency. (L.N. 307 of 1999; L.N. 71 of 2011; 14 of 2021 s. 43)
(Repealed L.N. 307 of 1999)
A notification sent under subsection (2A) must state that the recipient will be registered as an elector for the Heung Yee Kuk functional constituency, unless the recipient elects not to be registered. (L.N. 307 of 1999)
(Repealed 14 of 2021 s. 44)
To compile a functional constituencies provisional register, the Electoral Registration Officer may send a notification to an NPC deputy, CPPCC member or representative of relevant national organisation who—
is registered in the existing geographical constituencies final register;
is not registered for the NPC, CPPCC and relevant national organisations functional constituency in the existing functional constituencies final register;
is eligible to be registered as an elector for the NPC, CPPCC and relevant national organisations functional constituency; and
is not eligible to be registered as an elector for the Heung Yee Kuk functional constituency.
Subsection (1)(b) does not apply in relation to the compilation of the functional constituencies provisional register for 2021.
A notification sent under subsection (1) must state that unless the recipient elects not to be registered, the recipient will be registered as an elector for the NPC, CPPCC and relevant national organisations functional constituency.
To compile a functional constituencies provisional register, the Electoral Registration Officer may send a notification to a natural person (not being a member of the Heung Yee Kuk or an NPC deputy, CPPCC member or representative of relevant national organisation) who— (L.N. 71 of 2011; 14 of 2021 s. 46)
is registered in the existing geographical constituencies final register;
is not registered for a functional constituency in the existing functional constituencies final register; and
appears to that Officer to be eligible to be registered as an elector for a functional constituency (excluding the Heung Yee Kuk functional constituency and the NPC, CPPCC and relevant national organisations functional constituency). (L.N. 307 of 1999; L.N. 71 of 2011; 14 of 2021 s. 46)
For compiling the functional constituencies provisional register for 2021, the Electoral Registration Officer may also send a notification to a natural person (not being a member of the Heung Yee Kuk or an NPC deputy, CPPCC member or representative of relevant national organisation) who—
is registered in the functional constituencies final register published in 2020 as an elector for a functional constituency in a particular capacity (former capacity);
is no longer eligible to be registered as an elector for any functional constituency by virtue of the former capacity; and
appears to the Officer to be eligible to be registered as an elector for a functional constituency (excluding the Heung Yee Kuk functional constituency and the NPC, CPPCC and relevant national organisations functional constituency). (14 of 2021 s. 46)
(Repealed L.N. 307 of 1999)
A notification sent under subsection (1) or (1A) must state that the recipient will be registered as an elector for the functional constituency which the Electoral Registration Officer determines to be the appropriate functional constituency (the name of which must be specified in the notification), unless the recipient— (14 of 2021 s. 46)
elects not to be registered; or
applies under Part V to be registered as an elector for another functional constituency for which the recipient is eligible to be registered. (L.N. 307 of 1999)
(Repealed 14 of 2021 s. 46)
(Repealed 14 of 2021 s. 47)
To compile a subsector provisional register, the Electoral Registration Officer may send a notification to a member of the Heung Yee Kuk who—
is registered in the existing geographical constituencies final register;
is not registered for the Heung Yee Kuk subsector in the existing subsector final register; and
is eligible to be registered as a voter for the Heung Yee Kuk subsector.
A notification sent under subsection (1) must state that unless the recipient elects not to be registered, the recipient will be registered as a voter for the Heung Yee Kuk subsector.
To compile a subsector provisional register, the Electoral Registration Officer may send a notification to a representative of relevant national organisation who—
is registered in the existing geographical constituencies final register;
is not registered for the representatives of Hong Kong members of relevant national organisations subsector in the existing subsector final register;
is eligible to be registered as a voter for the representatives of Hong Kong members of relevant national organisations subsector; and
is not eligible to be registered as a voter for the Heung Yee Kuk subsector.
Subsection (1)(b) does not apply in relation to the compilation of the subsector provisional register for 2021.
A notification sent under subsection (1) must state that unless the recipient elects not to be registered, the recipient will be registered as a voter for the representatives of Hong Kong members of relevant national organisations subsector.
To compile a subsector provisional register, the Electoral Registration Officer may send a notification to a member of District Committee who—
is registered in the existing geographical constituencies final register;
is not registered for the Hong Kong and Kowloon District Committees subsector or the New Territories District Committees subsector in the existing subsector final register;
is eligible to be registered as a voter for the Hong Kong and Kowloon District Committees subsector or the New Territories District Committees subsector; and
is neither eligible to be registered as a voter for the Heung Yee Kuk subsector nor the representatives of Hong Kong members of relevant national organisations subsector.
Subsection (1)(b) does not apply in relation to the compilation of the subsector provisional register for 2021.
A notification sent under subsection (1) must state that unless the recipient elects not to be registered, the recipient will be registered as a voter for the Hong Kong and Kowloon District Committees subsector or the New Territories District Committees subsector, as the case may be.
(Repealed 14 of 2021 s. 49)
Unless a recipient under section 13(5) elects not to be registered, the Electoral Registration Officer must register that recipient as an elector for the Heung Yee Kuk functional constituency. (L.N. 71 of 2011)
(Repealed 14 of 2021 s. 50)
Unless a recipient under section 13B(3) elects not to be registered, the Electoral Registration Officer must register the recipient as an elector for the NPC, CPPCC and relevant national organisations functional constituency. (14 of 2021 s. 50)
Subject to section 17, unless a recipient under section 14(5) elects not to be registered, the Electoral Registration Officer must register that recipient as an elector for the functional constituency specified in the notification. (L.N. 71 of 2011; 14 of 2021 s. 50)
(Repealed 14 of 2021 s. 50)
Unless a recipient under section 14B(2) elects not to be registered, the Electoral Registration Officer must register the recipient as a voter for the Heung Yee Kuk subsector. (14 of 2021 s. 50)
Unless a recipient under section 14C(3) elects not to be registered, the Electoral Registration Officer must register the recipient as a voter for the representatives of Hong Kong members of relevant national organisations subsector. (14 of 2021 s. 50)
Unless a recipient under section 14D(3) elects not to be registered, the Electoral Registration Officer must register the recipient as a voter for the Hong Kong and Kowloon District Committees subsector or the New Territories District Committees subsector, as specified in the notification. (14 of 2021 s. 50)
(Repealed 14 of 2021 s. 50)
If, under section 13(5), 13B(3), 14(5), 14B(2), 14C(3) or 14D(3), a recipient— (L.N. 71 of 2011; 14 of 2021 s. 50)
elects not to be registered; or
informs the Electoral Registration Officer in writing that he or she is not or has ceased to be qualified to be registered as an elector for the functional constituency or as a voter for the subsector or both, as the case may be, for which the Electoral Registration Officer has proposed to register that recipient, (L.N. 255 of 2002)
the Electoral Registration Officer must not register that recipient as an elector for the functional constituency or as a voter for the subsector.
(Repealed 14 of 2021 s. 50)
If a recipient informs the Electoral Registration Officer, not later than the due date that he or she does not wish to be registered as an elector for a functional constituency or as a voter for a subsector, the Electoral Registration Officer must not so register that recipient. (L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 50)
If a person makes an application for registration under Part V, the Electoral Registration Officer must determine the functional constituency or the subsector for which he, she or it is to be registered (if eligible) on the basis of that application, regardless of whether that person has or has not responded to a notification.
If the Electoral Registration Officer is satisfied— (L.N. 255 of 2002)
in compiling—
the functional constituencies provisional register for 2021—not later than 19 September 2021; or
the subsector provisional register for 2021—not later than 5 July 2021; or (14 of 2021 s. 51)
in compiling the functional constituencies provisional register or subsector provisional register for any year subsequent to 2021—not later than 2 June in that year, (14 of 2021 s. 51)
that a notification sent to a person has not reached that person, the Electoral Registration Officer must not register that person under this Part on the basis that he or she has not elected not to be registered (within the meaning of section 11(2)) or has elected to be registered (within the meaning of section 11(3)). (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; L.N. 71 of 2011; 12 of 2014 s. 151)
(Repealed L.N. 200 of 2001)
(Format changes—E.R. 3 of 2014)
The following applies in respect of an application by a person for registration in a functional constituencies provisional register or a subsector provisional register— (L.N. 71 of 2011; 12 of 2014 s. 39)
subject to subsection (4A)(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 relevant provisional register is to be compiled; (14 of 2021 s. 52)
the application must be made on the specified form;
the specified form must be completed in either Chinese or English;
in the case of a natural person seeking registration as an elector or voter, the application must be signed by that person; and (L.N. 307 of 1999)
in the case of a body seeking registration as an elector or voter, the application must be signed by a responsible person. (L.N. 307 of 1999)
(Repealed L.N. 307 of 1999)
(Repealed 14 of 2021 s. 52)
Subsection (1C) applies to a natural person—
who—
is registered in the existing geographical constituencies final register but is not registered in the existing functional constituencies final register or the existing subsector final register, and makes an application for registration in either or both of the following—
a functional constituencies provisional register;
a subsector provisional register;
(Repealed 14 of 2021 s. 52)
is registered as a voter for a subsector and makes an application for registration as an elector for a functional constituency; or (14 of 2021 s. 52)
is registered as an elector for a functional constituency and makes an application for registration as a voter for a subsector; and (14 of 2021 s. 52)
whose name or principal residential address stated in the application referred to in paragraph (a)(i), (iii) or (iv) (as applicable) is different from that shown in the record kept by the Electoral Registration Officer. (L.N. 173 of 2017; 14 of 2021 s. 52)
The person is regarded as also having made an application for change of the person’s name or principal residential address (as applicable) in the entry relating to the person (change application), and section 26A(3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) applies to the change application as if for the words “in the existing final register” in section 26A(4)(b), (6)(a), (7)(a) and (9)(a), there were substituted the words “in the record kept by the Electoral Registration Officer”. (L.N. 173 of 2017)
For an application made by a natural person, 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. 52)
(Repealed 14 of 2021 s. 52)
Subject to subsection (4A)(a)(ii) or (b)(ii), an application for registration as an elector for a functional constituency, or as a voter for a subsector, received by the Electoral Registration Officer must be treated as—
if the application is received on or before 2 June in a year—an application for registration in the relevant provisional register to be compiled for that year; or
if the application is received after 2 June in a year—an application for registration in the relevant provisional register to be compiled for the following year. (14 of 2021 s. 52)
In relation to the functional constituencies provisional register or subsector provisional register to be compiled for 2021—
if a person is not an eligible person—
an application made under subsection (1) by the person must be received by the Electoral Registration Officer on or before 2 May 2021; and
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 relevant provisional register to be compiled for 2022; or
if a person is an eligible person—
an application made under subsection (1) by the person must be received by the Electoral Registration Officer on or before 5 July 2021; and
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 relevant provisional register to be compiled for 2022. (14 of 2021 s. 52)
(Repealed L.N. 200 of 2001)
(Repealed L.N. 255 of 2002)
In this section—
existing geographical constituencies final register (現有的地方選區正式選民登記冊) has the meaning given by section 11(1). (14 of 2021 s. 52)A person who applies for registration under this Part or elects to be registered under Part IV—
as a corporate elector in a functional constituencies provisional register must appoint a natural person as its authorized representative; or
as a corporate voter in a subsector provisional register must appoint a natural person as its authorized representative. (L.N. 200 of 2001)
The corporate elector or corporate voter must give notice of the appointment and the personal particulars of the authorized representative to the Electoral Registration Officer on the specified form for registration as such an elector or voter. That form must be sent to the Electoral Registration Officer to reach that Officer— (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002)
if the form relates to registration in the functional constituencies provisional register or subsector provisional register to be compiled for 2021—see subsection (2A); or
if the form relates to registration in the functional constituencies provisional register or subsector provisional register to be compiled for any year subsequent to 2021—on or before 2 June in that year. (14 of 2021 s. 53)
In relation to the functional constituencies provisional register or subsector provisional register to be compiled for 2021, a specified form sent by a person under subsection (2)—
if the person is not an eligible person—must reach the Electoral Registration Officer not later than 2 May 2021; or
if the person is an eligible person—must reach the Electoral Registration Officer not later than 5 July 2021. (14 of 2021 s. 53)
An authorized representative appointed under subsection (1) must sign the specified form referred to in subsection (2) to declare that he or she—
is registered as an elector for a geographical constituency; or
is eligible and has applied to be so registered,
as may be applicable.
A corporate elector or a corporate voter may, subject to subsections (5) and (6), from time to time replace an authorized representative appointed by it.
Subject to subsection (6), if a corporate elector or corporate voter replaces its authorized representative, notice (on the specified form) of the replacement and the personal particulars of the new authorized representative must be given to the Electoral Registration Officer to reach that Officer not later than 14 days before the polling date for the functional constituency or the subsector concerned. (L.N. 307 of 1999)
A replacement may be appointed after the time limit specified in subsection (5) only if the Electoral Registration Officer is satisfied that the authorized representative has died or has suffered a serious illness or has suffered physical or mental incapacity. Notice of the replacement and the personal particulars of the new authorized representative (on the specified form) must be given to the Electoral Registration Officer to reach that Officer not later than 3 working days before the polling date for the functional constituency or the subsector concerned. (L.N. 307 of 1999; L.N. 200 of 2001)
If—
the Electoral Registration Officer has under section 26(7) of the Legislative Council Ordinance (Cap. 542) or section 13(7) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) refused to register as an authorized representative a person appointed under subsection (1), and no claim is made in relation thereto under section 31(2); or (L.N. 200 of 2001)
on a claim or objection, the Revising Officer rules that a person appointed as an authorized representative should not be registered as such,
a substitute may, notwithstanding subsection (2), be appointed by the corporate elector or corporate voter concerned. Notice of the appointment and the personal particulars of the substitute authorized representative (on the specified form) must be given to the Electoral Registration Officer to reach that Officer not later than 14 days before the polling date for the functional constituency or subsector concerned. (L.N. 307 of 1999)
An authorized representative appointed as a replacement under subsection (5) or (6) or as a substitute under subsection (7) must sign the specified form to declare that he or she—
is registered as an elector for a geographical constituency; or
is eligible for such registration and has applied for registration in accordance with section 4(1) of the GC Register Regulation, (L.N. 307 of 1999; L.N. 71 of 2011)
as may be applicable.
The Electoral Registration Officer must make the necessary alterations or entries in a register to reflect the appointment of a replacement or a substitute under this section as soon as practicable after receiving notice of the relevant appointment.
If the Electoral Registration Officer decides not to register as an authorized representative a person appointed as a replacement under subsection (5) or a substitute under subsection (7), that Officer must inform the corporate elector or corporate voter concerned of the decision within 3 days of making it. (L.N. 200 of 2001)
A decision to appoint or replace an authorized representative, or to appoint a substitute authorized representative, of a corporate elector or corporate voter under subsection (1), (4) or (7) may only be made by the governing authority, by whatever name called, of the corporate elector or corporate voter. (14 of 2021 s. 53)
When the Electoral Registration Officer receives an application for registration in a functional constituencies provisional register or a subsector provisional register, that Officer must, as soon as practicable, but subject to this section, determine either—
that the applicant is eligible to be registered; or
that the applicant is not eligible to be registered.
The Electoral Registration Officer may, before making a determination under subsection (1), require in writing the applicant to—
furnish in writing—
further particulars relating to the application as specified by the Electoral Registration Officer; or
proof that the applicant is eligible to be registered; or
furnish in writing both such particulars and proof,
within the specified period. (L.N. 307 of 1999; L.N. 200 of 2001)
When the Electoral Registration Officer makes a requirement under subsection (2), that Officer must also inform the applicant, in writing, that—
if the applicant does not furnish the particulars or proof within the specified period; or
if the Electoral Registration Officer is not satisfied with the furnished particulars or proof,
that Officer may decide not to consider the application further.
If an applicant of whom a requirement is made under subsection (2)—
does not furnish the particulars or proof within the specified period; or
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.
If, on an application for registration in a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer is satisfied on reasonable grounds that the application is manifestly an abuse of the registration procedure, that Officer must not consider that application further. (L.N. 575 of 1997)
If the Electoral Registration Officer is satisfied that—
an applicant for registration as an elector for a functional constituency is already registered as an elector for that functional constituency; or
an applicant for registration as a voter for a subsector is already registered as a voter for that subsector,
that Officer may decide not to consider the application further.
(Repealed L.N. 200 of 2001)
If the Electoral Registration Officer determines under subsection (1)(a) that an applicant is eligible to be registered, that Officer—
must also determine, the functional constituency or the subsector, as the case may be, for which to register the applicant; and
must record the applicant’s personal particulars or relevant particulars under that functional constituency or subsector, as the case may be.
(Repealed 14 of 2021 s. 54)
If—
an application is regarded also as an application for change of the applicant’s name or principal residential address (change application) under section 19(1C); but
the Electoral Registration Officer refuses the change application or decides not to process the change application further,
the Officer must proceed to make a determination under subsection (1) as if the personal particulars of the applicant shown in the record kept by the Officer are the personal particulars of the applicant stated in the application. (L.N. 173 of 2017)
If the Electoral Registration Officer determines under subsection (1)(a) that an applicant referred to in subsection (7B) is eligible to be registered, the Officer must, in accordance with subsection (7)(b), record under the relevant functional constituency or subsector the applicant’s personal particulars shown in the record kept by the Officer, instead of those stated in the application. (L.N. 173 of 2017)
When the Electoral Registration Officer determines that an applicant is eligible to be registered and the functional constituency or the subsector for which the applicant is to be registered, that Officer must inform the applicant in writing of the determination as soon as practicable.
If the Electoral Registration Officer determines under subsection (1)(b) that an applicant is not eligible to be registered, that Officer must inform the applicant in writing, by post, of the determination as soon as practicable. (L.N. 11 of 2016)
If the Electoral Registration Officer makes a decision under subsection (4) not to consider an application further, that Officer must inform the applicant in writing, by post, of the decision as soon as practicable. (L.N. 11 of 2016)
If the applicant is a body, the requirement under subsection (2) may be directed to the responsible person. (L.N. 200 of 2001)
In this section—
a reference to “registered” is to be construed as a reference to recording the personal particulars or relevant particulars of the applicant for a functional constituency or a subsector, as the case may be;
In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may, in accordance with this section, make inquiries that Officer considers fit, to ascertain— (L.N. 307 of 1999; L.N. 200 of 2001)
in relation to the compilation of a functional constituencies provisional register, whether a natural person whose name is recorded in the existing functional constituencies final register—
is dead;
is not eligible to be registered under section 25, 27, 28, 29 or 30 of the Legislative Council Ordinance (Cap. 542); or
is disqualified from being registered as an elector under section 31 of the Legislative Council Ordinance (Cap. 542);
in relation to the compilation of a subsector provisional register, whether a natural person whose name is recorded in the existing subsector final register—
is dead; or
is not eligible to be registered under section 12 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); or (L.N. 307 of 1999; L.N. 200 of 2001)
whether the address recorded in the existing final register against a person’s name is no longer that person’s principal residential address.
In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer may, in accordance with this section, make inquiries that Officer considers fit to ascertain whether a body whose relevant particulars are recorded in the existing final register is eligible to be registered in the functional constituencies provisional register or the subsector provisional register (as the case may be). (L.N. 307 of 1999; L.N. 200 of 2001)
An inquiry must be made in writing. It must be sent by post addressed to the person from whom it is made. (L.N. 11 of 2016)
(Repealed 14 of 2021 s. 55)
An inquiry under subsection (2) may be directed to the responsible person of the body concerned.
In compiling the functional constituencies provisional register for 2021—
the Electoral Registration Officer may make an inquiry collectively regarding any category of persons whose names are recorded in the functional constituencies final register published in 2020; and
such an inquiry may, despite subsections (3) and (4)—
refer to the persons covered generally by any description the Officer considers appropriate; and
be made in any way the Officer considers appropriate. (14 of 2021 s. 55)
Despite subsection (1), no inquiry is to be made in compiling the subsector provisional register for 2021. (14 of 2021 s. 55)
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. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 55)
if the inquiry is made in compiling the functional constituencies provisional register for 2021—12 September 2021; or
if the inquiry is made in compiling the functional constituencies provisional register or subsector provisional register for any year subsequent to 2021—16 May in that year. (14 of 2021 s. 55)
The Electoral Registration Officer may make an inquiry from any other source that Officer considers appropriate, at any time.
Section 9(5) and (6) applies to an inquiry made under this section and information obtained under this section subject to necessary modifications.
In compiling a functional constituencies provisional register or a subsector provisional register, the Electoral Registration Officer must, having regard to the existing final register and to any information obtained under section 9 or 22, determine, in relation to a person whose name and other particulars are recorded in the existing final register, the appropriate part of the functional constituencies provisional register or the subsector provisional register, as the case may be, in which to register that person. (L.N. 307 of 1999; L.N. 200 of 2001)
The Electoral Registration Officer must inform a person, in writing, of the part in which that person is registered under subsection (1).
If, having regard to information obtained under section 9 or 22, the Electoral Registration Officer determines that a person referred to in subsection (1) is not eligible to be registered in a functional constituencies provisional register or a subsector provisional register, that Officer must inform that person in writing by post. (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 11 of 2016)
In compiling the functional constituencies provisional register for 2021, if an inquiry mentioned in section 22(4A) was made in respect of any category of persons—
the Electoral Registration Officer may inform all or any of those persons collectively of the Officer’s determinations under subsection (1); and
such an information may, despite subsections (2) and (3)—
refer to the persons covered generally by any description the Officer considers appropriate; and
be made in any way the Officer considers appropriate. (14 of 2021 s. 56)
Subject to subsection (5), the Electoral Registration Officer must— (L.N. 71 of 2011; 14 of 2021 s. 57)
in compiling a functional constituencies provisional register, enter on a functional constituencies omissions list;
in compiling a subsector provisional register, enter on a subsector omissions list,
the personal particulars of—
any natural person regarding whom the Electoral Registration Officer has made an inquiry under section 22(1) on or before the date referred to in section 22(5)(a) or (b), as the case may be, if the result of the inquiry was as follows— (L.N. 200 of 2001; L.N. 255 of 2002)
the information asked for was not received by the Electoral Registration Officer on or before the relevant date specified in subsection (7);
(Repealed 12 of 2014 s. 34)
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;
the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is disqualified from being registered or is not qualified to be registered;
the Electoral Registration Officer is satisfied on reasonable grounds, notwithstanding any information to the contrary received by that Officer, that the person is dead; or
the Electoral Registration Officer is satisfied on reasonable grounds, notwithstanding any information to the contrary received by that Officer, that the person is disqualified from being registered or is not qualified to be registered;
any natural person—
whose name is recorded in the existing functional constituencies final register or the existing subsector final register;
who has, by a signed written notice, informed the Electoral Registration Officer on or before the relevant date specified in subsection (7) that he or she does not wish to be registered in the register; and
who has, in the opinion of the Electoral Registration Officer, been informed (by means of that Officer’s notification under subsection (7A)(a) or otherwise) of that Officer’s intention to omit the person’s personal particulars from the next functional constituencies final register or the next subsector final register; (12 of 2014 s. 34)
any person whose name is recorded in the existing final register, if the Registrar of Births and Deaths has informed the Electoral Registration Officer, on or before the relevant date specified in subsection (7), that the person is dead; and
any person whose name or other particulars are recorded in the existing final register and whose name and principal residential address are entered on the omissions list prepared for the current year under section 9 of the GC Register Regulation. (L.N. 307 of 1999; L.N. 71 of 2011)
(Repealed 14 of 2021 s. 57)
(Repealed 14 of 2021 s. 57)
(Repealed 14 of 2021 s. 57)
(Repealed L.N. 200 of 2001)
If the Electoral Registration Officer has made an inquiry under section 22(2) on or before the date referred to in section 22(5)(a) or (b), as the case may be, regarding a body, and— (L.N. 255 of 2002)
the information asked for was not received by that Officer on or before the relevant date specified in subsection (7); or
that Officer is satisfied on reasonable grounds, based on information received in response to the inquiry or otherwise or notwithstanding any information to the contrary received in response to the inquiry, that the body is no longer eligible to be registered as an elector or a voter,
that Officer must, subject to subsection (5), enter—
on a functional constituencies omissions list the relevant particulars of the body that is no longer eligible to be registered as an elector;
on a subsector omissions list the relevant particulars of the body that is no longer eligible to be registered as a voter. (L.N. 307 of 1999)
The Electoral Registration Officer must also enter on a functional constituencies omissions list or a subsector omissions list the relevant particulars of any body—
the name of which is recorded in the existing functional constituencies final register or the existing subsector final register;
which has, by a written notice signed by the responsible person of the body, informed the Electoral Registration Officer on or before the relevant date specified in subsection (7) that it does not wish to be registered in the register; and
which has, in the opinion of the Electoral Registration Officer, been informed (by means of that Officer’s notification under subsection (7A)(b) or otherwise) of that Officer’s intention to omit the body’s relevant particulars from the next functional constituencies final register or the next subsector final register. (12 of 2014 s. 34)
For the omissions list prepared in compiling the subsector provisional register for 2021 (2021 subsector omissions list)—
subsections (1), (3) and (3AA) do not apply; and
the Electoral Registration Officer must, subject to subsection (3AAC) and section 28AA(2), enter on the list the personal particulars or relevant particulars of all persons whose names are recorded in the subsector final register published in 2020. (14 of 2021 s. 57)
The Electoral Registration Officer may decide not to enter on the 2021 subsector omissions list the personal particulars or relevant particulars of a person if the Officer is satisfied on reasonable grounds, based on any information received under section 9 or Part IV or V, or otherwise, that the person is eligible to be registered as a voter for any subsector. (14 of 2021 s. 57)
The Electoral Registration Officer must, in compiling an Election Committee provisional register, enter on an Election Committee omissions list the personal particulars of any person (other than an ex-officio member) whom that Officer is satisfied on reasonable grounds, on the date on which the relevant vacancy declaration was made or on the date that is 14 days before the date of notice in the Gazette of publication of the Election Committee provisional register (whichever is earlier), as— (L.N. 112 of 2006; L.N. 173 of 2017; 8 of 2025 s. 4)
being dead;
having resigned, or being deemed to have resigned, from the Election Committee under section 3 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); or
having ceased to be registered, or eligible to be registered, or having been disqualified from being registered, under the Legislative Council Ordinance (Cap. 542) as an elector for a geographical constituency. (L.N. 200 of 2001)
The Electoral Registration Officer must, in a manner that Officer considers appropriate, show on an omissions list, that the personal particulars or relevant particulars entered on the omissions list are those that, that Officer proposes to omit from—
in the case of a functional constituencies omissions list, the next functional constituencies final register;
in the case of a subsector omissions list, the next subsector final register;
in the case of an Election Committee omissions list, the next Election Committee final register. (L.N. 200 of 2001)
Subject to subsection (5A), the Electoral Registration Officer may enter on a functional constituencies omissions list or a subsector omissions list, the personal particulars or relevant particulars of a person referred to in— (14 of 2021 s. 57)
subsection (1)(i)(A) or (3)(i), only if the inquiry was made from the person who is the subject of the inquiry; and that Officer has informed 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 particulars from the next functional constituencies final register or the next subsector final register, as may be applicable, if the relevant information is not received by that Officer on or before the relevant date specified in subsection (7). (12 of 2014 s. 34; L.N. 11 of 2016)
(Repealed 12 of 2014 s. 34)
In compiling the functional constituencies provisional register for 2021, subsection (5)(a) does not apply in relation to a person if an inquiry mentioned in section 22(4A) covering that person was made. (14 of 2021 s. 57)
(Repealed L.N. 255 of 2002)
For the purposes of subsections (1)(i)(A), (ia)(B) and (ii), (3)(i), (3AA)(b) and (5)(a), the relevant date is— (12 of 2014 s. 34; 14 of 2021 s. 57)
in relation to the compilation of the functional constituencies provisional register for 2021—
for subsections (1)(i)(A), (3)(i) and (5)(a)—a date specified by the Electoral Registration Officer in the inquiry that is not later than 19 September 2021;
for subsections (1)(ia)(B) and (3AA)(b)—2 May 2021; or
for subsection (1)(ii)—19 September 2021; or
in relation to the compilation of the functional constituencies provisional register or subsector provisional register for any year subsequent to 2021—2 June in that year. (14 of 2021 s. 57)
On receiving a notice referred to in subsection (1)(ia)(B) or (3AA)(b) from a person, the Electoral Registration Officer must notify, by post, the person of that Officer’s intention to omit from the next functional constituencies final register or the next subsector final register, as the case may be— (L.N. 11 of 2016)
if the person is a natural person—the person’s personal particulars; or
if the person is a body—the body’s relevant particulars. (12 of 2014 s. 34)
(Repealed 14 of 2021 s. 57)
In this section—
elects not to be registered (選擇不登記) has the meaning given by section 11(2) and— (a)a reference to “recipient” in section 11(2) is to be construed as a reference to a person in respect of whom an inquiry under section 22(1) is made; and (b)a reference to “notification” in section 11(2) is to be construed as a reference to a letter of inquiry sent under section 22(3); 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 the person. (L.N. 71 of 2011)As soon as practicable after an omissions list is prepared, the Electoral Registration Officer must publish a notice that complies with section 32(5) of the Legislative Council Ordinance (Cap. 542) or section 4(5) or 14(5) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) (as the case requires)—
in the Gazette; and
in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong. (14 of 2021 s. 58)
For the purposes of section 32(6) of the Legislative Council Ordinance (Cap. 542) and sections 4(6) and 14(6) of the Schedule to the Chief Executive Election Ordinance (Cap. 569)—
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
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—
for a copy of a functional constituencies omissions list or subsector omissions list—25 August in the same year; or
for a copy of an Election Committee omissions list—the seventh day after the publication date. (14 of 2021 s. 58)
(Repealed 14 of 2021 s. 58)
The Electoral Registration Officer may, if he or she considers it appropriate to do so, make a copy of a specific part of the functional constituencies omissions list, the subsector omissions list or the Election Committee omissions list available for inspection in accordance with this section by specified persons. (L.N. 157 of 2009; 14 of 2021 s. 58)
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 (other than the general public) under this section—
in relation to each natural person entered on the list—show the name of the person in a way that—
if the person’s name is entered in Chinese—only the first Chinese character of the name is identifiable; or
if the person’s name is entered in English—only the first word of the name is identifiable; and
in relation to each body entered on the list—
show the name of the body in full; and
show the name of the authorized representative of the body in full. (14 of 2021 s. 58)
Subsection (4A) 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. 58)
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 the general public under this section, show only the entries relating to the bodies, but not the entries relating to the natural persons, entered on the list. (14 of 2021 s. 58)
The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person entered on a functional constituencies omissions list, subsector omissions list or Election Committee omissions list an extract from the list showing only the entry relating to that person in full. (14 of 2021 s. 58)
The Electoral Registration Officer may determine—
the period during which; and
the times and the place at which,
the copy may be inspected under subsection (4). (L.N. 157 of 2009)
The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, an omissions list, or a copy of any part of an omissions list, to—
produce to the Officer the identity document of the person; and
complete a form furnished by the Officer. (14 of 2021 s. 58)
In this section—
Chief Executive election (行政長官選舉) means an election as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); coming election (下一個選舉), in relation to an omissions list, means—(a)for a functional constituencies omissions list—any of the following elections that is held within 1 year after the publication date—(i)a Legislative Council general election;(ii)a Legislative Council by-election for a functional constituency;(b)for a subsector omissions list—any of the following elections that is held within 1 year after the publication date—(i)a subsector ordinary election;(ii)a subsector by-election; or(c)for an Election Committee omissions list—(i)the first Chief Executive election that is held after the publication date; or(ii)any of the following elections that is held within the term of office of the Election Committee to which the list relates—(A)a Legislative Council general election;(B)a Legislative Council by-election for the Election Committee constituency; general public (一般人士) means a person who falls within paragraph (b) of the definition of specified person; 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)for a functional constituencies omissions list—(i)the last Legislative Council general election that was held before the publication date; or(ii)any Legislative Council by-election for a functional constituency that was held after the election mentioned in subparagraph (i) and before the publication date;(b)for a subsector omissions list—(i)the last subsector ordinary election that was held before the publication date; or(ii)any subsector by-election that was held after the election mentioned in subparagraph (i) and before the publication date; or(c)for an Election Committee omissions list—(i)the last Chief Executive election that was held before the publication date;(ii)the last Legislative Council general election that was held before the publication date; or(iii)the last Legislative Council by-election for the Election Committee constituency that was held after the election mentioned in subparagraph (ii) and before the publication date; 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)—(a)in relation to a functional constituencies omissions list, subsector omissions list or Election Committee omissions list—means—(i)a person who is a subscriber to the Government News and Media Information System maintained by the Director of Information Services; or(ii)a body or organization that is incorporated, or is registered or exempt from registration, under any law of Hong Kong and—(A)was provided an extract under section 41(1) for a purpose related to a previous election;(B)was represented by a validly nominated candidate at a previous election; or(C)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; and(b)in relation to a functional constituencies omissions list or subsector omissions list—includes any member of the public who does not fall within paragraph (a)(i) and (ii); subsector by-election (界別分組補選) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); subsector ordinary election (界別分組一般選舉) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 58)A person whose name and other particulars are recorded in the existing final register may make a written request of the Electoral Registration Officer to amend the entry relating to that person and supply information as to how it should be amended. (L.N. 173 of 2017)
Subsection (1) does not apply to a natural person who seeks to change the person’s name or principal residential address in the entry relating to the person. (L.N. 173 of 2017)
A person described in subsection (1A) must apply for change of the person’s name or principal residential address under section 26A. (L.N. 173 of 2017)
If the Electoral Registration Officer—
receives a request under subsection (1), during the period specified in subsection (4A); and
is satisfied that the entry should be corrected,
that Officer must, when compiling the first functional constituencies provisional register, subsector provisional register or Election Committee provisional register (as the case may be) after that period, record in the appropriate place in the register the particulars of the person corrected in accordance with the information supplied. If the Electoral Registration Officer is satisfied that the entry is correct or should not be corrected, that Officer must not amend it. (L.N. 200 of 2001; L.N. 173 of 2017)
If it appears to the Electoral Registration Officer, from information obtained during the 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 functional constituencies provisional register, subsector provisional register or Election Committee provisional register (as the case may be) after that period, record the corrected particular in the appropriate place in the register. (L.N. 200 of 2001; L.N. 173 of 2017)
If the Electoral Registration Officer makes a correction under subsection (2) or (3) that Officer must inform the person concerned of the correction in writing. If the Electoral Registration Officer decides not to amend an entry when requested to do so under subsection (1), that Officer must notify the person concerned, by post, of the decision. (L.N. 173 of 2017)
For the purposes of subsection (2), the period is, in relation to the compilation of— (L.N. 173 of 2017)
the functional constituencies provisional register or subsector provisional register for 2021—
if the entry relates to a person who is not an eligible person—
after 2 April 2020; but
not later than 2 April 2021; or
if the entry relates to a person who is an eligible person—
after 2 April 2020; but
not later than 5 July 2021;
the functional constituencies provisional register or subsector provisional register for 2022—
if the entry relates to a person who is not an eligible person—
after 2 April 2021; but
not later than 2 June 2022; or
if the entry relates to a person who is an eligible person—
after 5 July 2021; but
not later than 2 June 2022;
the functional constituencies provisional register or subsector provisional register for any year subsequent to 2022—
after 2 June in the preceding year; but
not later than 2 June in the current year; or
an Election Committee provisional register—
if another Election Committee provisional register has been published during the term of office of the Election Committee—
after the seventh day after the date on which that other register was last published; but
not later than the date on which a specified declaration was made; or
if no Election Committee provisional register has been published during the term of office of the Election Committee—not later than the date on which a specified declaration was made. (14 of 2021 s. 59)
For the purposes of subsection (3), the period is, in relation to the compilation of— (L.N. 173 of 2017)
the functional constituencies provisional register or subsector provisional register for 2021—
if the entry relates to a person who is not an eligible person—
after 2 May 2020; but
not later than 2 May 2021; or
if the entry relates to a person who is an eligible person—
after 2 May 2020; but
not later than 5 July 2021;
the functional constituencies provisional register or subsector provisional register for 2022—
if the entry relates to a person who is not an eligible person—
after 2 May 2021; but
not later than 2 June 2022; or
if the entry relates to a person who is an eligible person—
after 5 July 2021; but
not later than 2 June 2022;
the functional constituencies provisional register or subsector provisional register for any year subsequent to 2022—
after 2 June in the preceding year; but
not later than 2 June in the current year; or
an Election Committee provisional register—
if another Election Committee provisional register has been published during the term of office of the Election Committee—
after the seventh day after the date on which that other register was last published; but
not later than the date on which a specified declaration was made; or
if no Election Committee provisional register has been published during the term of office of the Election Committee—not later than the date on which a specified declaration was made. (14 of 2021 s. 59)
If the elector referred to in subsection (1) is a body, the request must be signed on its behalf by the responsible person. The Electoral Registration Officer may send any communication referred to in subsection (4) to the responsible person.
The Electoral Registration Officer may, before acting under subsection (2) in relation to the compilation of the functional constituencies provisional register or the subsector provisional register, require in writing the person who makes the request under subsection (1) to furnish in writing either or both of the following within the specified period—
further particulars relating to the request as specified by the Electoral Registration Officer;
proof that the entry is incorrect. (L.N. 11 of 2016)
In this section—
specified declaration (指明宣布), in relation to the compilation of an Election Committee provisional register, means the vacancy declaration consequential on which the register is to be compiled; (L.N. 173 of 2017) specified period (指明期間), in relation to a requirement made under subsection (7), means a period specified by the Electoral Registration Officer ending on or before— (14 of 2021 s. 59) (a)if the requirement is made in relation to a request made by a person who is not an eligible person—(i)within the period specified in subsectionA natural person whose personal particulars 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.
An application made under subsection (1) (application) must be—
made on the specified form;
completed in English or Chinese; and
signed by the applicant.
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. 60)
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)—
further written particulars relating to the application as specified by the Officer;
documentary evidence that proves that the entry relating to the applicant in the existing final register is incorrect.
The period is a period specified by the Electoral Registration Officer ending on or before—
if the application is made within the period specified in subsection (12)(a)—11 May 2021;
if the application is made within the period specified in subsection (12)(b)—11 July 2022; or
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. 60)
The Electoral Registration Officer must approve an application if the Officer is satisfied that—
the entry relating to the applicant in the existing final register is incorrect; and
the entry should be amended in accordance with the information provided by the applicant.
The Electoral Registration Officer must refuse an application if the Officer is satisfied that—
the entry relating to the applicant in the existing final register is incorrect; but
the entry should not be amended in accordance with the information provided by the applicant.
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.
The Electoral Registration Officer may decide not to process an application further—
if the Officer is satisfied that the entry relating to the applicant in the existing final register is correct; or
where the Officer requires the applicant to provide particulars or evidence under subsection (4)—
if the applicant does not comply with the requirement; or
if the applicant does not provide particulars or evidence to the satisfaction of the Officer.
The Electoral Registration Officer must notify the applicant, by post, of a decision made under subsection (6), (7), (8) or (9).
If the Electoral Registration Officer—
receives an application during the period specified in subsection (12); and
approves the application,
the Officer must, when compiling the first functional constituencies provisional register, subsector provisional register or Election Committee provisional register (as applicable) after that period, record in the appropriate place in the register the name or principal residential address changed.
The period is, in relation to the compilation of—
the functional constituencies provisional register or subsector provisional register for 2021—
after 2 April 2020; but
not later than 2 April 2021;
the functional constituencies provisional register or subsector provisional register for 2022—
after 2 April 2021; but
not later than 2 June 2022;
the functional constituencies provisional register or subsector provisional register for any year subsequent to 2022—
after 2 June in the preceding year; but
not later than 2 June in the current year; or
an Election Committee provisional register—
if another Election Committee provisional register has been published during the term of office of the Election Committee—
after the seventh day after the date on which that other register was last published; but
not later than the date on which a specified declaration was made; or
if no Election Committee provisional register has been published during the term of office of the Election Committee—not later than the date on which a specified declaration was made. (14 of 2021 s. 60)
In subsection (12)(d)—
specified declaration (指明宣布), in relation to the compilation of an Election Committee provisional register, means the vacancy declaration consequential on which the register is to be compiled.A functional constituencies provisional register is to consist of the following— (L.N. 200 of 2001; L.N. 71 of 2011)
subject to sections 24, 26, 26A and 28AA, the personal particulars and relevant particulars recorded in the existing functional constituencies final register; (L.N. 173 of 2017; 14 of 2021 s. 61)
if the personal particulars or relevant particulars of a person are corrected under section 31(9)(a), those particulars as corrected;
the personal particulars or relevant particulars of—
persons whom the Electoral Registration Officer has registered under Part IV— (L.N. 255 of 2002)
for the functional constituencies provisional register to be compiled for 2021—during the period beginning on 3 May 2020 and ending on 19 September 2021;
for the functional constituencies provisional register to be compiled for 2022—during the period beginning on 20 September 2021 and ending on 2 June 2022; or
for the functional constituencies provisional register to be compiled 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; and (14 of 2021 s. 61)
persons whom the Electoral Registration Officer has determined under Part V to be eligible to be registered in the functional constituencies provisional register, on applications received by that Officer— (L.N. 255 of 2002)
for the functional constituencies provisional register to be compiled for 2021—during the period beginning on 3 May 2020 and ending on—
for persons who are not eligible persons—2 May 2021; or
for persons who are eligible persons—5 July 2021;
for the functional constituencies provisional register to be compiled for 2022—during the period beginning on the following date and ending on 2 June 2022—
for persons who are not eligible persons—3 May 2021; or
for persons who are eligible persons—6 July 2021; or
for the functional constituencies provisional register to be compiled 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; and (14 of 2021 s. 61)
(Repealed L.N. 307 of 1999)
the names of authorized representatives which have been furnished to the Electoral Registration Officer. (L.N. 307 of 1999)
(Repealed L.N. 11 of 2016)
A subsector provisional register is to consist of the following— (L.N. 200 of 2001)
subject to sections 24, 26, 26A and 28AA, the personal particulars and relevant particulars recorded in the existing subsector final register; (L.N. 307 of 1999; L.N. 173 of 2017; 14 of 2021 s. 62)
if the personal particulars or relevant particulars of a person are corrected under section 31(9)(a), those particulars as corrected; (L.N. 200 of 2001)
the personal particulars or relevant particulars of—
persons whom the Electoral Registration Officer has registered under Part IV—
for the subsector provisional register to be compiled for 2021—during the period beginning on 3 May 2020 and ending on 5 July 2021;
for the subsector provisional register to be compiled for 2022—during the period beginning on 6 July 2021 and ending on 2 June 2022; or
for the subsector provisional register to be compiled 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; and (14 of 2021 s. 62)
persons whom the Electoral Registration Officer has determined under Part V to be eligible to be registered in the subsector provisional register, on applications received by that Officer— (L.N. 200 of 2001)
for the subsector provisional register to be compiled for 2021—during the period beginning on 3 May 2020 and ending on—
for persons who are not eligible persons—2 May 2021; or
for persons who are eligible persons—5 July 2021;
for the subsector provisional register to be compiled for 2022—during the period beginning on the following date and ending on 2 June 2022—
for persons who are not eligible persons—3 May 2021; or
for persons who are eligible persons—6 July 2021; or
for the subsector provisional register to be compiled 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; and (14 of 2021 s. 62)
the names of authorized representatives which have been furnished to the Electoral Registration Officer. (L.N. 307 of 1999)
(Repealed 14 of 2021 s. 62)
(Repealed L.N. 255 of 2002)
(Repealed 14 of 2021 s. 62)
In compiling the functional constituencies provisional register for 2021, the Electoral Registration Officer is not required to include in that register, or the omissions list prepared in compiling that register, the personal particulars or relevant particulars of the persons whose names are recorded in the functional constituencies final register published in 2020 under the part for—
the District Council (first) functional constituency;
the District Council (second) functional constituency; or
the information technology functional constituency.
In compiling the subsector provisional register for 2021, the Electoral Registration Officer is not required to include in that register, or the omissions list prepared in compiling that register, the personal particulars or relevant particulars of the persons whose names are recorded in the subsector final register published in 2020 under the section for—
the information technology subsector;
the Hong Kong and Kowloon District Councils subsector; or
the New Territories District Councils subsector.
To avoid doubt, the Electoral Registration Officer is not, for the purposes of section 31(1)(a), regarded as having determined a person to be not eligible to be registered as an elector or voter only by reason of not having included the personal particulars or relevant particulars of that person in a provisional register or omissions list under subsection (1) or (2).
Subject to sections 24, 26 and 26A, an Election Committee provisional register is to consist of the specified particulars recorded in the existing Election Committee final register.
After a functional constituencies provisional register, subsector provisional register or Election Committee 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. 64)
A notice under subsection (1) must be published—
in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong; and
not later than—
for a functional constituencies provisional register or subsector provisional register—1 August in the year for which the provisional register is compiled; or
for an Election Committee provisional register—the date by which the provisional register is required to be compiled under section 4 of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 64)
A notice under subsection (1) must specify that—
a copy of the functional constituencies provisional register, a copy of the subsector provisional register or a copy of the Election Committee provisional register (as the case may be) is available for inspection by specified persons during ordinary business hours during the relevant period referred to in subsection (3); and
the place or places at which a copy of the functional constituencies provisional register, a copy of the subsector provisional register or a copy of the Election Committee provisional register may be so inspected. (14 of 2021 s. 64)
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 relevant provisional register during the period beginning on the date on which the notice is published (date of notice) and ending on— (14 of 2021 s. 64)
for a functional constituencies provisional register or subsector provisional register—25 August in the same year; or
for an Election Committee provisional register—the seventh day after the date of notice. (14 of 2021 s. 64)
The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of a specific part of the functional constituencies provisional register, the subsector provisional register or the Election Committee provisional register at a place additional to a place specified in a notice published under this section, if that Officer considers it appropriate to do so. The Electoral Registration Officer may determine the period during which and the times at which it may be so inspected. (14 of 2021 s. 64)
The Electoral Registration Officer must, in a copy of a provisional register, or a copy of any part or section of a provisional register, that is made available for inspection by specified persons (other than the general public) under this section—
in relation to each natural person registered—show the name of the person in a way that—
if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or
if the person’s name is recorded in English—only the first word of the name is identifiable; and
in relation to each body registered—
show the name of the body in full; and
show the name of the authorized representative of the body in full. (14 of 2021 s. 64)
Subsection (4A) 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. 64)
The Electoral Registration Officer must, in a copy of a provisional register, or a copy of any part or section of a provisional register, that is made available for inspection by the general public under this section, show only the entries relating to the bodies, but not the entries relating to the natural persons, registered. (14 of 2021 s. 64)
The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in a functional constituencies provisional register, subsector provisional register or Election Committee provisional register an extract from the register showing only the entry relating to that person in full. (14 of 2021 s. 64)
The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, a functional constituencies provisional register, subsector provisional register or Election Committee provisional register, or a copy of a part or section of those registers, to—
produce to the Officer the identity document of the person; and
complete a form furnished by the Officer. (14 of 2021 s. 64)
Publication of a notice under subsection (1), relating to a functional constituencies provisional register, is to be treated as the publication of the functional constituencies provisional register for the purposes of section 32(1)(a)(ii) of the Legislative Council Ordinance (Cap. 542). (L.N. 255 of 2002; 14 of 2021 s. 64)
Publication of a notice under subsection (1), relating to a subsector provisional register, is to be treated as the publication of the subsector provisional register for the purposes of section 14(1)(a) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 64)
Publication of a notice under subsection (1), relating to an Election Committee provisional register, is to be treated as the publication of the Election Committee provisional register for the purposes of section 4(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 200 of 2001)
In this section—
general public (一般人士) has the meaning given by section 25(7); specified person (指明的人), in relation to a functional constituencies provisional register, subsector provisional register or Election Committee provisional register, means a person who is entitled to inspect under section 25 a copy of the omissions list prepared in compiling the register. (14 of 2021 s. 64)(Format changes—E.R. 3 of 2014)
A person who considers—
that a registered person is not eligible to be registered—
as an elector, a voter or an authorized representative; or
in the part in which that person’s personal particulars or relevant particulars, as the case may be, are recorded; or
that a person who has been registered as a member of the Election Committee or as an authorized representative has been wrongly so registered,
may object to the registration of that person in the relevant final register by lodging a notice (notice of objection) in accordance with subsection (2).
A notice of objection must be—
in the specified form;
addressed to the Electoral Registration Officer; and
subject to subsection (4), delivered by the objector in person at the office of the Electoral Registration Officer—
if the objection relates to a person registered in the functional constituencies provisional register compiled for 2021—not later than 9 October 2021;
if the objection relates to a person registered in the subsector provisional register compiled for 2021—not later than 22 July 2021;
if the objection relates to a person registered in the functional constituencies provisional register or subsector provisional register compiled for any year subsequent to 2021—not later than 25 August in that year; or
if the objection relates to a person registered in an Election Committee provisional register—not later than the seventh day after the date of publication of the relevant Election Committee provisional register. (14 of 2021 s. 65)
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. 157 of 2009)
The Electoral Registration Officer may require any person who lodges a notice of objection to identify himself or herself by such means as that Officer considers appropriate. (L.N. 575 of 1997)
If the person objecting to the registration under subsection (1) is a body, the notice of objection can be signed on its behalf by a responsible person. In such a case the notice of objection must be delivered under subsection (2), by that person.
Any person (except an authorized representative)—
who has been determined by the Electoral Registration Officer under Part V to be not eligible to be registered as an elector or voter;
whose application for registration was not considered further by the Electoral Registration Officer under section 21(4); or
who—
has made an application for registration as an elector or voter; and
is not a person described in paragraph (a) or (b),
but whose personal particulars or relevant particulars are not recorded in the functional constituencies provisional register or the subsector provisional register (as may be applicable),
may claim that he or she or in the case of a body, it, is entitled to be registered as an elector or voter.
If the Electoral Registration Officer has under section 26(7) of the Legislative Council Ordinance (Cap. 542) or section 13(7) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) refused to register a person as an authorized representative— (L.N. 200 of 2001)
that person may make a claim that he or she is entitled to be registered as an authorized representative; or
the corporate elector or the corporate voter who appointed the person as an authorized representative may make a claim that he or she is entitled to be registered as such.
Any person whose personal particulars or relevant particulars in an entry are included in an omissions list may claim that he or she is entitled to be registered in the relevant functional constituencies final register, subsector final register or Election Committee final register (as the case may be). (L.N. 307 of 1999; L.N. 200 of 2001)
Any person (other than a person referred to in subsection (2)) whose personal particulars, relevant particulars or specified particulars are recorded in a part or section of a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register, may claim that he or she or in the case of a body, it, is entitled to have his, her or its personal particulars, relevant particulars or specified particulars, as the case may be, recorded in a different part or section of the relevant register. (L.N. 200 of 2001)
Any person whose request under section 26(1) to change a particular in an entry relating to that person has been refused by the Electoral Registration Officer may make a claim to have that particular changed as requested. (L.N. 173 of 2017)
Any person whose particulars in an entry have been changed by the Electoral Registration Officer under section 26(3) may make a claim objecting to the change. (L.N. 173 of 2017)
Subsection (6AAB) applies to a natural person whose application under section 26A(1) for change of a particular—
has been refused by the Electoral Registration Officer under section 26A(7) or (8); or
has been decided by the Electoral Registration Officer not to process further under section 26A(9). (L.N. 173 of 2017)
The person may make a claim to have the particular changed in accordance with the information provided in the application. (L.N. 173 of 2017)
(Repealed 14 of 2021 s. 66)
A claim under this section is to be made—
addressed to the Electoral Registration Officer.
Subject to subsection (12), a notice of claim must be delivered by the claimant in person at the office of the Electoral Registration Officer—
if the claim relates to a functional constituencies register compiled, or the omissions list prepared in compiling the functional constituencies provisional register, for 2021—not later than 9 October 2021;
if the claim relates to a subsector register compiled, or the omissions list prepared in compiling the subsector provisional register, for 2021—not later than 22 July 2021;
if the claim relates to a functional constituencies register or subsector register compiled, or the omissions list prepared in compiling the functional constituencies provisional register or subsector provisional register, for any year subsequent to 2021—not later than 25 August in that year; or
if the claim relates to an Election Committee register or Election Committee omissions list—not later than the seventh day after the date of publication of the relevant Election Committee provisional register. (14 of 2021 s. 66)
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 (8), to be a notice delivered by the claimant in person. (L.N. 157 of 2009)
If the Electoral Registration Officer receives a claim referred to in subsection (5) or (6) after the deadline referred to in subsection (8)(a), (b) or (c), the Officer may, having regard to the nature of the claim, treat it— (14 of 2021 s. 66)
as a request for change of registered particulars relating to a person for the purpose of the compilation of the next functional constituencies provisional register or the next subsector provisional register (as applicable); or
as a claim for the purpose of the compilation of the functional constituencies final register or the subsector final register (as applicable) for the year following that in which the claim is submitted. (L.N. 173 of 2017)
If the Electoral Registration Officer receives a claim referred to in subsection (6AAB) after the deadline referred to in subsection (8)(a), (b) or (c), the Officer may, having regard to the nature of the claim, treat it as a claim for the purpose of the compilation of the functional constituencies final register or the subsector final register (as applicable) for the year following that in which the claim is submitted. (L.N. 173 of 2017; 14 of 2021 s. 66)
If the Electoral Registration Officer treats a claim as a request as described in subsection (9)(a), section 26(2), (4) and (5)(b) applies. If the Electoral Registration Officer treats a claim in the manner described in subsection (9)(b) or (9A), it must be referred to the Revising Officer. (L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; L.N. 173 of 2017; 1 of 2019 s. 86)
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.
If the person referred to in subsection (1) is a body, the claim can be signed on its behalf by a responsible person. In such a case the notice of claim must be delivered under subsection (8) by that person.
If a person, subsequent to making a claim referred to in subsection (9) or (9A), makes any further claim or application, the latest claim or application, as the case may be, prevails. (L.N. 173 of 2017)
A notice of appeal must be—
in the specified form;
addressed to the Electoral Registration Officer;
signed on behalf of the corporate elector or corporate voter by a responsible person; and
delivered by the responsible person in person at the office of the Electoral Registration Officer not later than 11 days before the polling date for the functional constituency or subsector concerned.
If the Electoral Registration Officer receives an appeal after the deadline referred to in subsection (2)(d), that Officer must comply with section 32(3)(b) in relation to the appeal.
The Electoral Registration Officer may require any person who delivers a notice of appeal to identify himself or herself by such means as that Officer considers appropriate.
A decision to appeal under subsection (1) against a decision of the Electoral Registration Officer that relates to the appointment of an authorized representative of a corporate elector or corporate voter may only be made by the governing authority, by whatever name called, of the corporate elector or corporate voter. (14 of 2021 s. 67)
The Electoral Registration Officer must deliver to the Revising Officer, in accordance with this section, a copy of each notice of objection, notice of claim or notice of appeal received by the Electoral Registration Officer. The copies of those notices may be delivered in one or more batches as the Electoral Registration Officer considers appropriate.
The copy of a notice of objection and notice of claim must be delivered— (L.N. 200 of 2001)
if the notice relates to a functional constituencies register compiled, or the omissions list prepared in compiling the functional constituencies provisional register, for 2021—not later than 11 October 2021;
if the notice relates to a subsector register compiled, or the omissions list prepared in compiling the subsector provisional register, for 2021—not later than 23 July 2021;
if the notice relates to a functional constituencies register or subsector register compiled, or the omissions list prepared in compiling the functional constituencies provisional register or subsector provisional register, for any year subsequent to 2021—not later than 29 August in that year; or
if the notice relates to an Election Committee register or Election Committee omissions list—not later than the tenth day after the date of publication of the relevant Election Committee provisional register. (14 of 2021 s. 68)
The copy of a notice of appeal must be delivered— (L.N. 200 of 2001)
in the case of a notice received by the Electoral Registration Officer not later than 11 days before the polling date for the functional constituency or subsector concerned, not later than 8 days before that polling date; or
in the case of a notice received by the Electoral Registration Officer after the deadline referred to in section 31A(2)(d)— (L.N. 200 of 2001; L.N. 255 of 2002)
if the notice is received on or before 26 August in a year—not later than 29 August in that year; or
if the notice is received after 26 August in a year—not later than 29 August in the following year. (14 of 2021 s. 68)
The Electoral Registration Officer, when delivering to the Revising Officer a copy of a notice of objection received in respect of a functional constituencies provisional register or a subsector provisional register, must, in relation to the notice—
inform the Revising Officer whether one or more of the conditions specified in subsection (6) are met; and
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. 10)
The Electoral Registration Officer, when delivering to the Revising Officer a copy of a notice of claim received in respect of a functional constituencies provisional register or a subsector provisional register, must, in relation to the notice—
inform the Revising Officer whether one or more of the conditions specified in subsection (7) are met; and
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. 10)
For the purposes of subsection (4), the conditions are—
the notice of objection is made in relation to the functional constituencies provisional register or subsector provisional register compiled for 2021; (14 of 2021 s. 68)
the notice of objection does not state any ground on which the objection is made;
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 30) to be registered—
in a functional constituencies provisional register or a subsector provisional register; or
in a particular part or section of a functional constituencies provisional register or a subsector provisional register;
the subject matter of the objection involves only a clerical error made in compiling or printing a functional constituencies provisional register or a subsector provisional register. (1 of 2019 s. 10)
For the purposes of subsection (5), the conditions are—
the notice of claim is made in relation to the functional constituencies provisional register or subsector provisional register compiled for 2021; (14 of 2021 s. 68)
the notice of claim does not state any ground on which the claim is made;
the notice of claim does not state a ground on which the claim is made that concerns—
the eligibility of the person lodging the notice of claim (claimant) to be registered—
in a functional constituencies provisional register or a subsector provisional register; or
in a particular part or section of a functional constituencies provisional register or a subsector provisional register; or
an entry relating to the claimant in a functional constituencies provisional register or a subsector provisional register;
the subject matter of the claim involves only a clerical error made in compiling or printing a functional constituencies provisional register or a subsector provisional register. (1 of 2019 s. 10)
A natural person whose name is or is to be recorded in an Election Committee provisional register may make a written request of the Electoral Registration Officer to make a change in relation to the particulars recorded or to be recorded for him or her or the part in which they are or are to be recorded and supply information regarding the requested change. (L.N. 307 of 1999)
If a request made under subsection (1) is for change of the principal residential address recorded or to be recorded for a person, the person must submit together with the request documentary evidence that proves that the address stated in the request to be the principal residential address of the person is the principal residential address of the person. (L.N. 173 of 2017)
If the Electoral Registration Officer—
receives a request under subsection (1), during the relevant period specified in subsection (10)(a)(ii); and
is satisfied that a change should be made,
that Officer must, when compiling the first Election Committee final register after that period, record in the appropriate place in that register the particulars of the person corrected (if a correction is necessary) in accordance with the information supplied.
The Electoral Registration Officer must not make any change if—
the Officer is satisfied that the change is not necessary; or
for a written request for change of the principal residential address recorded or to be recorded for a natural person—there is no satisfactory evidence available to the Officer that proves that the address stated in the request to be the principal residential address of the person is the principal residential address of the person. (L.N. 173 of 2017)
(Repealed L.N. 11 of 2016)
(Repealed L.N. 255 of 2002)
If the Electoral Registration Officer makes a decision under subsection (2) that Officer must inform the person concerned in writing. If the Electoral Registration Officer decides not to make a change when requested to do so under subsection (1), that Officer must notify the person concerned, by post, of the decision.
Where a request under this section is received by the Electoral Registration Officer in relation to an Election Committee register after the last date of the relevant period specified in subsection (10)(a)(ii), that Officer may consider it only for the purpose of compiling the next Election Committee provisional register.
Section 26(2) and (4) applies to a request considered by the Electoral Registration Officer under subsection (6) as if the request was received by that Officer—
(Repealed L.N. 11 of 2016)
in relation to the compilation of an Election Committee provisional register, on or before the date on which the relevant vacancy declaration was made in relation to such compilation. (L.N. 112 of 2006)
Where the Electoral Registration Officer decides not to make a change requested by a person within the relevant period specified in subsection (10)(a)(ii), that Officer must refer the matter to the Revising Officer. The reference must be treated by the Electoral Registration Officer as a claim under section 31 made by the person requesting the change.
(Repealed L.N. 11 of 2016)
For the purposes of—
subsections (2), (6) and (8), the relevant period is, in relation to the compilation of—
(Repealed L.N. 11 of 2016)
an Election Committee final register, after the date on which the relevant vacancy declaration was made in relation to the compilation of the relevant Election Committee provisional register but not later than the seventh day after the date of publication of that provisional register. (L.N. 112 of 2006)
(Repealed L.N. 11 of 2016)
(L.N. 307 of 1999; L.N. 200 of 2001; L.N. 255 of 2002; L.N. 11 of 2016; L.N. 173 of 2017)
If the Electoral Registration Officer is satisfied that—
an entry in a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register is incorrect;
an additional entry ought to be made in a functional constituencies final register, a subsector final register or an Election Committee final register; or
a person (including an authorized representative) whose personal particulars, relevant particulars or specified particulars are recorded in a functional constituencies provisional register, a subsector provisional register or an Election Committee provisional register is no longer eligible to be registered in that register or in the part in which he, she or it is registered,
that Officer may, subject to subsection (2), in compiling the relevant final register, correct the entry, make the additional entry or remove the entry, as may be appropriate.
(Repealed 14 of 2021 s. 69)
The Electoral Registration Officer must not take any action under subsection (1) unless that Officer— (L.N. 71 of 2011; 14 of 2021 s. 69)
has obtained the approval of the Revising Officer for the proposed correction, addition or removal—
in relation to the functional constituencies final register to be compiled for 2021—not later than 23 October 2021;
in relation to the subsector final register to be compiled for 2021—not later than 1 August 2021;
in relation to the functional constituencies final register or subsector final register to be compiled for any year subsequent to 2021—not later than 11 September in that year; or
in relation to an Election Committee final register—not later than the twentieth day after the date of publication of the relevant Election Committee provisional register; and (14 of 2021 s. 69)
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. 11 of 2016)
For the avoidance of doubt it is stated that the requirement to obtain the approval of the Revising Officer does not apply to any correction by the Electoral Registration Officer under section 32(3) of the Legislative Council Ordinance (Cap. 542) or section 14(2) or 42(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569).
(Format changes—E.R. 1 of 2013)
A functional constituencies final register is to consist of the following—
subject to subsections (2) and (3), the personal particulars and relevant particulars contained in the functional constituencies provisional register for the year for which the final register is being compiled, as corrected, where appropriate, under section 34; (L.N. 11 of 2016)
the personal particulars and relevant particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person or an appeal made by the corporate elector concerned; and
the additions, if any, under section 34(1)(b).
The Electoral Registration Officer must not include in a functional constituencies final register the personal particulars or relevant particulars of the following persons—
any person in respect of whose registration an objection has been made and the Revising Officer has allowed the objection;
any person whose claim has not been allowed by the Revising Officer;
any person in respect of whose registration an appeal has been made and the Revising Officer has not allowed the appeal; and (L.N. 200 of 2001)
any person whose personal particulars or relevant particulars have been included in a functional constituencies omissions list and who has not made a claim in respect of it or who has made a claim but the claim has not been allowed by the Revising Officer. (L.N. 307 of 1999)
If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the part in which the person is to be registered, the Electoral Registration Officer must ensure that the person’s personal particulars or relevant particulars, as the case may be, are recorded in that part.
If, on an objection or a claim made by a person, the Revising Officer has made a ruling on the personal particulars or relevant particulars of a person, the Electoral Registration Officer must ensure that those particulars are corrected and recorded in accordance with the ruling.
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)—
in relation to the functional constituencies final register to be compiled for 2021—the period beginning on 26 September 2021 and ending on 23 October 2021; or
in relation to the functional constituencies 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. 70)
(Repealed L.N. 11 of 2016)
A subsector final register is to consist of the following—
subject to subsections (2) and (3), the personal particulars and relevant particulars contained in the subsector provisional register for the year for which the final register is being compiled, as corrected, where appropriate, under section 34; (L.N. 11 of 2016)
the personal particulars and relevant particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person or an appeal made by the corporate voter concerned; and
the additions, if any, under section 34(1)(b). (L.N. 307 of 1999; L.N. 200 of 2001)
The Electoral Registration Officer must not include in a subsector final register the personal particulars or relevant particulars of the following persons— (L.N. 200 of 2001)
any person in respect of whose registration an objection has been made and the Revising Officer has allowed the objection;
any person whose claim has not been allowed by the Revising Officer; (L.N. 200 of 2001)
any person in respect of whose registration an appeal has been made and the Revising Officer has not allowed the appeal; and (L.N. 200 of 2001)
any person whose personal particulars or relevant particulars have been included in a subsector omissions list and who has not made a claim in respect of it or who has made a claim but the claim has not been allowed by the Revising Officer. (L.N. 307 of 1999)
If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the part or subsector in which the person is to be registered, the Electoral Registration Officer must ensure that the person’s personal particulars or relevant particulars, as the case may be, are recorded in that part or subsector.
If, on an objection or a claim made by a person, the Revising Officer has made a ruling on the personal particulars or relevant particulars of a person, the Electoral Registration Officer must ensure that those particulars are corrected and recorded in accordance with the ruling.
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)—
in relation to the subsector final register to be compiled for 2021—the period beginning on 18 July 2021 and ending on 1 August 2021; or
in relation to the subsector 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. 71)
(Repealed 14 of 2021 s. 71)
An Election Committee interim register is to consist of the following— (L.N. 112 of 2006)
the specified particulars of persons who have been declared under section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to be members of the Election Committee;
the specified particulars of persons who have been declared to be duly elected for a subsector for which an Election Committee subsector election is required to be held under the Schedule to the Chief Executive Election Ordinance (Cap. 569); and
the specified particulars of persons registered as ex-officio members under sections 5I, 5J and 41(3) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) other than those removed under section 41(2) of that Schedule. (L.N. 307 of 1999; 14 of 2021 s. 72)
An Election Committee final register required to be compiled under section 40(2) or (3) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to consist of the following—
subject to subsections (1C) and (1D)(a), the specified particulars contained in the relevant Election Committee provisional register, as corrected, where appropriate, under section 33 or 34;
the specified particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person;
the additions, if any, under section 34(1)(b); and
the specified particulars of the following persons, as may be applicable—
persons who are nominees under section 7(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) and who have been declared under section 7(8) of that Schedule to be members of the Election Committee;
persons who have been declared to be duly elected as members of the Election Committee at the subsector by-election within the meaning of section 1 of that Schedule. (L.N. 200 of 2001)
An Election Committee final register required to be compiled under section 40(3A) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to consist of the specified particulars of persons contained in the relevant Election Committee interim register, as amended, where appropriate, under section 41 or 42 of that Schedule. (L.N. 112 of 2006)
(Omitted as expired—E.R. 1 of 2013)
An Election Committee final register required to be published under section 40(4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to consist of the following—
subject to subsection (1D)(a), the specified particulars contained in the relevant Election Committee provisional register, as corrected, where appropriate, under section 33 or 34;
the specified particulars of any person whom the Revising Officer has ruled to be entitled to be registered, on a claim made by that person; and
the additions, if any, under section 34(1)(b). (L.N. 200 of 2001)
In compiling an Election Committee final register required under section 40(2) or (3) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Electoral Registration Officer must not include in the register the specified particulars of the following persons—
any person in respect of whose registration an objection has been made and the Revising Officer has allowed the objection; and
any person whose personal particulars have been included in an Election Committee omissions list and who has not made a claim in respect of it or who has made a claim but the claim has not been allowed by the Revising Officer. (L.N. 200 of 2001)
In compiling an Election Committee final register required under section 40(2), (3) or (4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Electoral Registration Officer must ensure that if, on an objection or a claim made by a person, the Revising Officer has made a ruling—
as to the part or subsector in which the person is to be registered, the person’s specified particulars are recorded in that part or subsector; or
on the specified particulars of a person, those particulars are corrected and recorded in accordance with the ruling. (L.N. 200 of 2001)
For the purposes of subsections (1C) and (1D), only decisions made by the Revising Officer after the date of publication of the relevant Election Committee provisional register but not later than the twentieth day after that date are to be taken into account. (L.N. 200 of 2001)
If, upon the occurrence of any event set out in—
section 41(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Electoral Registration Officer must, under that section, remove a person’s name from an Election Committee interim register or an Election Committee final register; or
section 41(3) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Electoral Registration Officer must, under that section, register in an Election Committee interim register or an Election Committee final register a person as an ex-officio member,
he must do so as soon as practicable after he becomes aware of such event. (L.N. 307 of 1999; L.N. 112 of 2006)
(Omitted as expired—E.R. 1 of 2013)
The Electoral Registration Officer must, within 14 days of adding any name to or removing any name from an Election Committee interim register or an Election Committee final register under section 41(2) or (3) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), publish under section 41(4) of that Schedule a notice in the Gazette of such addition or removal, as the case may be. (L.N. 307 of 1999; L.N. 112 of 2006)
(Omitted as expired—E.R. 1 of 2013)
If the Electoral Registration Officer is to amend an Election Committee interim register or an Election Committee final register under section 42(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to effect a direction of a Revising Officer, that Officer must do so as soon as practicable after being notified of the direction. (L.N. 200 of 2001; L.N. 112 of 2006)
The Electoral Registration Officer must, within 14 days of amending an Election Committee interim register or an Election Committee final register under section 42(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), publish under section 42(3) of that Schedule a notice in the Gazette of the amendment. (L.N. 200 of 2001; L.N. 112 of 2006)
(Omitted as spent—E.R. 1 of 2013)
After a functional constituencies final register or subsector 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. 73)
A notice under subsection (1) must be published—
in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong; and
not later than 25 September in the year for which the final register is compiled. (14 of 2021 s. 73)
A notice under subsection (1) must specify that—
a copy of the functional constituencies final register or a copy of the subsector final register (as the case may be) is available for inspection by specified persons during ordinary business hours; and
the place or places at which a copy of the relevant final register may be so inspected. (14 of 2021 s. 73)
(Repealed 14 of 2021 s. 73)
The Electoral Registration Officer must make available for inspection in accordance with this section by specified persons, a copy of the functional constituencies final register or a copy of the subsector final register (as the case may be) at the place or places specified in the notice during ordinary business hours. (14 of 2021 s. 73)
The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, a copy of a specific part of a final register referred to in subsection (2) at a place additional to a place specified in a notice published under subsection (1), 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. 73)
The Electoral Registration Officer must, in a copy of a final register, or a copy of any part or section of a final register, that is made available for inspection by specified persons (other than the general public) under this section—
in relation to each natural person registered—show the name of the person in a way that—
if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or
if the person’s name is recorded in English—only the first word of the name is identifiable; and
in relation to each body registered—
show the name of the body in full; and
show the name of the authorized representative of the body in full. (14 of 2021 s. 73)
Subsection (4AA) 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. 73)
A person falling within paragraph (c) of the definition of specified person in subsection (7) may, in that capacity, inspect under this section only—
for a person being a validly nominated candidate for a functional constituency—a copy of the part of the functional constituencies final register that relates to that functional constituency; or
for a person being a validly nominated candidate for a subsector—a copy of the section of the subsector final register that relates to that subsector. (14 of 2021 s. 73)
The Electoral Registration Officer must, in a copy of a final register, or a copy of any part or section of a final register, that is made available for inspection by the general public under this section, show only the entries relating to the bodies, but not the entries relating to the natural persons, registered. (14 of 2021 s. 73)
The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in a functional constituencies final register or subsector final register an extract from the register showing only the entry relating to that person in full. (14 of 2021 s. 73)
The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, a functional constituencies final register or subsector final register, or a copy of a part or section of those registers, to—
produce to the Officer the identity document of the person; and
complete a form furnished by the Officer. (14 of 2021 s. 73)
Publication of a notice under subsection (1), relating to a functional constituencies final register, is to be treated as the publication of the functional constituencies final register for the purposes of section 32(1)(b)(ii) of the Legislative Council Ordinance (Cap. 542). (L.N. 200 of 2001; L.N. 255 of 2002)
Publication of a notice under subsection (1), relating to a subsector final register, is to be treated as the publication of the subsector final register for the purposes of section 14(1)(b) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 200 of 2001; L.N. 255 of 2002)
In this section—
coming election (下一個選舉) means—(a)in relation to a functional constituencies final register—any of the following elections that is held within 1 year after the publication date—(i)a Legislative Council general election;(ii)a Legislative Council by-election for a functional constituency; or(b)in relation to a subsector final register—any of the following elections that is held within 1 year after the publication date—(i)a subsector ordinary election;(ii)a subsector by-election; general public (一般人士) means a person who falls within paragraph (d) of the definition of specified person; 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) means—(a)in relation to a functional constituencies final register—(i)the last Legislative Council general election that was held before the publication date; or(ii)any Legislative Council by-election for a functional constituency that was held after the election mentioned in subparagraph (i) and before the publication date; or(b)in relation to a subsector final register—(i)the last subsector ordinary election that was held before the publication date; or(ii)any subsector by-election that was held after the election mentioned in subparagraph (i) and before the publication date; publication date (刊登日期) means—(a)in relation to a functional constituencies final register—the date on which a notice relating to the register is published under subsection (1); or(b)in relation to a subsector final register—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 functional constituencies final register or subsector 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 41(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;(c)a person who is—(i)for a functional constituencies final register—a validly nominated candidate for a functional constituency at a coming election; or(ii)for a subsector final register—a validly nominated candidate for a subsector at a coming election; or(d)any member of the public who does not fall within paragraphs (a), (b) and (c); subsector by-election (界別分組補選) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); subsector ordinary election (界別分組一般選舉) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 73)The Electoral Registration Officer must publish, not later than the date on which an Election Committee interim register or an Election Committee final register is published under section 40 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong, a notice which complies with subsection (2). (L.N. 200 of 2001)
A notice under subsection (1) must specify that—
a copy of the Election Committee interim register or Election Committee final register, as may be appropriate, is available for inspection by specified persons during ordinary business hours; and
the place or places at which a copy of the relevant register may be so inspected. (14 of 2021 s. 74)
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 during ordinary business hours, a copy of the Election Committee interim register or Election Committee final register. (14 of 2021 s. 74)
The Electoral Registration Officer may make available for inspection in accordance with this section by specified persons, at a place additional to a place specified in a notice published under subsection (1), a copy of a specific part of the Election Committee interim register or Election Committee final register. The Electoral Registration Officer may determine the period during which and the times at which it may be so inspected. (14 of 2021 s. 74)
The Electoral Registration Officer must, in a copy of an Election Committee interim register or Election Committee final register, or a copy of any part of an Election Committee interim register or Election Committee 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—
if the person’s name is recorded in Chinese—only the first Chinese character of the name is identifiable; or
if the person’s name is recorded in English—only the first word of the name is identifiable. (14 of 2021 s. 74)
Subsection (4AA) does not affect the way in which any other particulars of a person registered in an Election Committee interim register or Election Committee final register may be shown. (14 of 2021 s. 74)
The Electoral Registration Officer must also, in a way the Officer considers appropriate, make available for inspection by a person registered in an Election Committee interim register or Election Committee final register an extract from the register showing only the entry relating to that person in full. (14 of 2021 s. 74)
The Electoral Registration Officer may require a person who wishes to inspect under this section a copy of, or an extract from, an Election Committee interim register or Election Committee final register, or a copy of a part of such register, to—
produce to the Officer the identity document of the person; and
complete a form furnished by the Officer. (14 of 2021 s. 74)
Publication of a notice under subsection (1), relating to an Election Committee interim register or an Election Committee final register, is to be treated as the publication of that register for the purposes of section 40 of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 200 of 2001)
In this section—
Chief Executive election (行政長官選舉) means an election as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); coming election (下一個選舉), in relation to an Election Committee interim register or Election Committee final register, means—(a)the first Chief Executive election that is held after the publication date; or(b)any of the following elections that is held within the term of office of the Election Committee to which the register relates—(i)a Legislative Council general election;(ii)a Legislative Council by-election for the Election Committee constituency; 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 Election Committee interim register or Election Committee final register, means—(a)the last Chief Executive election that was held before the publication date;(b)the last Legislative Council general election that was held before the publication date; or(c)the last Legislative Council by-election for the Election Committee constituency that was held after the election mentioned in paragraph (b) and before the publication date; publication date (刊登日期), in relation to an Election Committee interim register or Election Committee 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 an Election Committee interim register or Election Committee 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 41(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 a validly nominated candidate for a coming election. (14 of 2021 s. 74)Any decision of the Revising Officer regarding an authorized representative which is notified to the Electoral Registration Officer not later than 3 working days before the polling date for the functional constituency or the subsector concerned must be reflected in the functional constituencies final register or the subsector final register, as the case may require. If the decision is notified to the Electoral Registration Officer after the publication of the relevant final register, that Officer must indicate the decision in the appropriate published final register by an entry or other means as that Officer thinks fit.
(Format changes—E.R. 3 of 2014)
(Repealed L.N. 200 of 2001)
The Electoral Registration Officer may, any time after the publication of the functional constituencies register, subsector register or Election Committee register, make available an extract from any 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. (L.N. 200 of 2001; 14 of 2021 s. 75)
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.
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 42(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).
In an extract made available under this section, the Electoral Registration Officer may include information (by way of a note or other means that Officer thinks fit) as to whether a person whose name is included in the extract— (L.N. 307 of 1999)
is registered for a subsector or functional constituency or as a member of the Election Committee;
is an authorized representative or has been replaced as an authorized representative or been substituted for by another; or
is entitled to vote at an election.
In this section—
election (選舉) means—(a)an election as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542);(b)an election as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); or(c)an Election Committee subsector election; specified person (指明的人) means—(a)in relation to a functional constituencies provisional register, subsector provisional register or Election Committee provisional register—a person who is entitled to inspect under section 25 a copy of the omissions list prepared in compiling the register by virtue of being a person falling within paragraph (a)(ii) of the definition of specified person in section 25(7);(b)in relation to a functional constituencies final register or subsector final register—a person falling within paragraph (b) or (c) of the definition of specified person in section 38(7); or(c)in relation to an Election Committee interim register or Election Committee final register—a person falling within paragraph (b) or (c) of the definition of specified person in section 39(6). (14 of 2021 s. 75)If the Electoral Registration Officer exercises the power under section 14(1AB) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 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—
any matters leading to, or in relation to, the compilation or publication of the register concerned; and
any acts to be done in relation to the matters mentioned in paragraph (a).
Any person who in any—
response to a requirement under section 9 or 10;
application made under section 19 or 26A; (L.N. 173 of 2017)
specified form on which notice of the appointment, replacement or substitution of an authorized representative is given under section 20;
response to a requirement for particulars or proof made under section 21;
reply to an inquiry made under section 22;
request made under section 26 or 33;
notice of objection; (L.N. 200 of 2001)
notice of claim; or (L.N. 200 of 2001)
notice of appeal, (L.N. 200 of 2001)
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, request 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. 178; 1 of 2019 s. 5)
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—
to make a false statement in an application, response, reply, request or notice referred to in subsection (1); or
to provide information which the first-mentioned person knows to be wrong in a material particular, in an application, response, reply, request or notice referred to in paragraph (a),
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. 178; 1 of 2019 s. 5)
Any person who—
reproduces or permits another person to reproduce in any form any particular contained in an entry in a register or an extract from a functional constituencies register, a subsector register or an Election Committee register; (L.N. 200 of 2001)
uses or permits another person to use any information relating to a person obtained for the purpose of compiling such a register;
uses or permits another person to use any information relating to a person contained in a register or an extract from such a register; or
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.
Any person who fails to furnish information in response to a requirement under section 9 or 10 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.
Notwithstanding anything to the contrary in subsection (3), any person who contravenes section 41(3) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
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.
If a corporate body is convicted of an offence under this section, and the offence is proved to have been committed with the consent or connivance of, or was attributable to the neglect or omission on the part of a director, manager, secretary or any other person concerned in the management of the corporate body, the director, manager, secretary or that other person also commits the offence. (1 of 2019 s. 5)
If a partner of a partnership is convicted of an offence under this section and it is proved that the offence was committed with the consent or connivance of, or was attributable to the neglect or omission on the part of any other partner or person concerned in the management of the partnership, the other partner or that other person also commits the offence. (1 of 2019 s. 5)
An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of—
sections 31, 39, 40 and 53 of the Legislative Council Ordinance (Cap. 542); (L.N. 200 of 2001)
sections 14, 19, 21, 26A and 30 of the District Councils Ordinance (Cap. 547); and (L.N. 307 of 1999; L.N. 200 of 2001; 3 of 2013 s. 16)
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. 200 of 2001; L.N. 255 of 2002; 14 of 2021 s. 76; 19 of 2023 s. 109)
An offence under subsection (3) or (5) is to be an offence prescribed for the purposes of—
sections 39 and 40 of the Legislative Council Ordinance (Cap. 542); (L.N. 200 of 2001)
sections 14, 19, 21 and 26A of the District Councils Ordinance (Cap. 547); and (L.N. 307 of 1999; L.N. 200 of 2001; 3 of 2013 s. 16)
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. 200 of 2001; L.N. 255 of 2002; 19 of 2023 s. 109)
The Electoral Registration Officer must make available the specified forms referred to in sections 19(1), 20(5), (6) and (7), 26A(2), 30(2), 31(7) and 31A(2) during ordinary business hours at that Officer’s office. (L.N. 200 of 2001; L.N. 173 of 2017)
The Electoral Registration Officer may make available those forms at any other place that Officer considers appropriate.
The specified forms referred to in subsection (1) must be made available free of charge.
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.
(Omitted as spent—E.R. 3 of 2014)
(Omitted as spent—E.R. 3 of 2014)
(Omitted as spent—E.R. 3 of 2014)