Electoral Affairs Commission (Nominations Advisory Committees (Election Committee)) Regulation
(Enacting provision omitted—E.R. 2 of 2019)
[23 November 2001]
(Format changes—E.R. 2 of 2019)
(Omitted as spent—E.R. 2 of 2019)
In this Regulation, unless the context otherwise requires—
by-election (補選) means a subsector by-election as defined by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 177) candidate (候選人), in relation to a particular subsector, means a person who is nominated to be returned as a member of the Election Committee assigned to that subsector at an ordinary election or by-election; (14 of 2021 s. 177) Committee (顧問委員會) means a Nominations Advisory Committee (Election Committee) which for the time being stands appointed under section 3 and, where appropriate, includes a person appointed under section 5(1) to act as the Committee; designated body (指定團體) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 177) designated nomination (指定提名) means the nomination of a person or persons by a designated body to be a member or members on the Election Committee under section 7(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 177) nomination form (提名表格), in relation to a subsector, means a form specified by the Commission under section 7(1)(i) of the Ordinance submitted for the purpose of—(a)nominating a candidate for the ordinary election or by-election of the subsector, as the case may be;(b)a designated nomination by setting out the nominees to represent the subsector on the Election Committee; or(c)a supplementary designated nomination by setting out the nominee or nominees, as the case may be, to represent the subsector on the Election Committee; (14 of 2021 s. 177) nomination period (提名期), in relation to a particular ordinary election, by-election, designated nomination or supplementary designated nomination, means the period specified under any regulation providing for the procedure for that ordinary election, by-election, designated nomination or supplementary designated nomination, as the case may be, as the period for submitting to the Returning Officer nomination forms relating to that ordinary election, by-election, designated nomination or supplementary designated nomination, as the case may be; (14 of 2021 s. 177) nominee (獲提名人) means a person nominated by a designated body to be a member on the Election Committee; (14 of 2021 s. 177) ordinary election (一般選舉) means a subsector ordinary election as defined by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 177) Returning Officer (選舉主任) means, subject to section 7(6), the Returning Officer as defined in section 1 of the Schedule to the Chief Executive Election Ordinance (Cap. 569); subsector (界別分組) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), but does not include the Members of the Legislative Council subsector and the Hong Kong Special Administrative Region deputies to the National People’s Congress and Hong Kong Special Administrative Region members of the National Committee of the Chinese People’s Political Consultative Conference subsector; (14 of 2021 s. 177) supplementary designated nomination (補充指定提名) means the nomination of a person or persons by a designated body to fill a vacancy or vacancies among the members on the Election Committee under section 7(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 177)In this Regulation—
a reference to being eligible to be or disqualified from being nominated is to be construed, in relation to an ordinary election or by-election held under the Schedule to the Chief Executive Election Ordinance (Cap. 569), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 17A or 19 of that Schedule;
a reference to being eligible to be or disqualified from being a nominee is to be construed, in relation to a designated nomination or supplementary designated nomination under the Schedule to the Chief Executive Election Ordinance (Cap. 569), with reference to that Ordinance, but nothing in this Regulation is to be construed as empowering or requiring a Committee to advise on any matter relating to any requirements under section 7A of that Schedule. (14 of 2021 s. 177)
The Commission may appoint one or more committees each to be known as a “Nominations Advisory Committee (Election Committee)” and consisting of one member who must be— (E.R. 2 of 2019)
a person who is admitted as a barrister or a solicitor under the Legal Practitioners Ordinance (Cap. 159) or is qualified for such admission; or
a person with such other qualifications in the law, whether academic or professional, as the Commission considers appropriate.
Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment.
An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2).
An appointment under subsection (1) may be in relation to such ordinary election or ordinary elections, by-election or by-elections, designated nomination or supplementary designated nomination, as the Commission may determine. (14 of 2021 s. 178)
The Commission must specify in any notice under subsection (2)—
the ordinary election or ordinary elections, or by-election or by-elections, in relation to which the Committee concerned is appointed, with reference to the year or date on which any such ordinary election or by-election is, or ordinary elections or by-elections are, to be held;
the designated nomination in relation to which the Committee concerned is appointed, with reference to the period during which nomination forms relating thereto are to be submitted to the Returning Officer by the designated bodies; or
the supplementary designated nomination in relation to which the Committee concerned is appointed, with reference to the period during which a nomination form or forms relating thereto is or are to be submitted to the Returning Officer by the designated body or designated bodies,
as the case may be. (14 of 2021 s. 178)
The member constituting a Committee may be paid remuneration of such amount or at such rate as the Commission may determine.
Subject to subsection (2), the functions of a Committee are—
to advise, subject to section 6(14)—
any prospective candidate for an ordinary election as to whether he or she is eligible to be, or disqualified from being, nominated as a candidate in respect of a subsector;
any prospective nominee for designated nomination as to whether he or she is eligible to be, or disqualified from being, a nominee;
any designated body selecting a nominee for designated nomination as to whether a person proposed to be nominated by that body to be a member representing the subsector concerned on the Election Committee is eligible to be, or disqualified from being, a nominee; and
to advise any Returning Officer as to whether—
a particular candidate for an ordinary election or by-election is eligible to be, or disqualified from being, nominated as a candidate in respect of a subsector;
a particular nominee for designated nomination is eligible to be, or disqualified from being, such a nominee;
a particular nominee for supplementary designated nomination is eligible to be, or disqualified from being, such a nominee.
A Committee must perform its functions under subsection (1) in respect of the ordinary election or ordinary elections, by-election or by-elections, designated nomination or supplementary designated nomination, specified under section 3(5) in relation to its appointment.
The Commission must specify by notice published in the Gazette the date by which a Committee must complete the performance of its functions under subsection (1)(a) as regards an ordinary election or designated nomination in relation to which it is appointed, and where more than one Committee is appointed in relation to the same ordinary election or designated nomination, as the case may be, the Commission must, for the purposes of this subsection, specify the same date in respect of each such Committee.
As regards a particular ordinary election, by-election, designated nomination or supplementary designated nomination, the Committee must perform its functions under subsection (1)(b) during the period specified by the Commission by notice published in the Gazette.
Where the member constituting a Committee dies, resigns or is removed from office or becomes incapable of acting as the Committee due to ill-health or absence from Hong Kong, the Commission may, if it thinks fit, appoint another person to act as the Committee in his or her place.
Notice of any appointment under subsection (1) must be published in the Gazette by the Commission as soon as reasonably practicable after the appointment.
An appointment under subsection (1) must be for such period as specified by the Commission in the notice under subsection (2).
Where there is any matter outstanding at the time of an appointment under subsection (1), it may be disposed of by the person appointed to act as the Committee under that subsection.
The Chief Electoral Officer may by virtue of section 9 of the Ordinance—
allocate to a Committee any work or duty which is relevant to the performance of its functions specified in section 4; and
if more than one Committee is appointed, with the consent of a member of the Commission, redistribute the work or duty allocated under paragraph (a) among the Committees as the Chief Electoral Officer thinks fit.
The member constituting a Committee—
may resign by notice in writing addressed to the Commission; and
may be removed by the Commission by notice in writing where it is of the opinion that he or she is unfit to perform the functions of his or her office.
A resignation under subsection (6)(a) is effective on the date specified in the notice for the purpose or on receipt of the notice by the Commission, whichever is later, or where no date is specified in the notice, on receipt of the notice by the Commission.
A removal under subsection (6)(b) is effective on the date specified for the purpose in the notice under that subsection.
Notice of any resignation under subsection (6)(a) or of any removal under subsection (6)(b) must be published in the Gazette by the Commission as soon as reasonably practicable after receiving the notice of resignation or after the removal, as the case may be.
A prospective candidate for an ordinary election may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or is disqualified from being, nominated as a candidate in respect of a particular subsector. (14 of 2021 s. 180)
A prospective nominee for designated nomination may apply in accordance with subsection (4) for the advice of a Committee as to whether he or she is eligible to be, or disqualified from being, a nominee. (14 of 2021 s. 180)
A designated body selecting a nominee for designated nomination may apply in accordance with subsection (4) for the advice of a Committee as to whether the person proposed to be nominated by that body to be a member representing the subsector concerned on the Election Committee is eligible to be, or disqualified from being, a nominee. (14 of 2021 s. 180)
An application under subsection (1), (2) or (3)—
must be in a form specified by the Commission; and
must be—
sent to the Chief Electoral Officer by post or facsimile transmission so as to be received by that Officer; or
served on the Chief Electoral Officer personally,
on or before a date specified by the Commission by notice published in the Gazette.
Subject to subsection (4)(b), an application under subsection (1), (2) or (3) may be made on or after the date on which the period specified in the notice under section 3(2) commences.
A prospective candidate may make only 1 application in respect of a particular subsector. (14 of 2021 s. 180)
A prospective nominee may, under subsection (2), make only one application in respect of his or her designated nomination. (14 of 2021 s. 180)
A designated body may, under subsection (3), make only one application in respect of a particular person proposed to be nominated by that body to be a member representing the subsector concerned on the Election Committee. (14 of 2021 s. 180)
To avoid doubt, it is declared that a prospective candidate may, subject to subsection (6), apply for advice in respect of more than one subsector. (14 of 2021 s. 180)
As soon as reasonably practicable after receiving an application under subsection (4), the Chief Electoral Officer must refer it to a Committee appointed in relation to the ordinary election or designated nomination, to which the application relates, for its consideration. (14 of 2021 s. 180)
A Committee to which an application is referred under subsection (10) must consider the application and advise the applicant as soon as reasonably practicable but not later than the date specified under section 4(3), and subject to subsections (12), (13) and (14), as to whether, in the opinion of that Committee—
in the case that the applicant is a prospective candidate, the applicant is eligible to be, or disqualified from being, nominated as a candidate in respect of the subsector;
in the case that the applicant is a prospective nominee, the applicant is eligible to be, or disqualified from being, such a nominee; and
in the case that the applicant is a designated body, the person proposed to be nominated by that body to be a member representing the subsector concerned on the Election Committee is eligible to be, or disqualified from being, such a nominee. (14 of 2021 s. 180)
A Committee may, where it considers appropriate, before forming an opinion for the purposes of subsection (11)—
in the case that the applicant is a prospective candidate or prospective nominee—
request the applicant to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to his or her intended candidature or designated nomination, as the case may be, as that Committee considers relevant to the forming of an opinion for the purposes of subsection (11)(a) or (b); and (14 of 2021 s. 180)
request the applicant to present himself or herself before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable it to form an opinion for the purposes of subsection (11)(a) or (b); and
in the case that the applicant is a designated body—
request that designated body to make available to that Committee, within such period as specified by that Committee in the particular case, information, particulars and evidence relating to the intended nomination of the person proposed by that body as that Committee considers relevant to the forming of an opinion for the purposes of subsection (11)(c); and
request that designated body to present itself by a representative authorized by that body in writing for the purpose before that Committee at a time and place specified by that Committee for the purpose of giving such assistance as that Committee considers necessary to enable that Committee to form an opinion for the purposes of subsection (11)(c).
An applicant of whom a request is made under subsection (12)(a)(ii) by a Committee may, at the time and place specified under that subsection, make representations relating to his or her intended candidature or designated nomination, as the case may be, to that Committee— (L.N. 251 of 2001; 14 of 2021 s. 180)
either in person; or
through any person authorized by him or her in writing for the purpose.
Without affecting the generality of the power of a Committee to give any advice which is qualified, where an applicant does not make available any information, particulars or evidence requested under subsection (12)(a)(i) or (b)(i) or does not comply with a request under subsection (12)(a)(ii) or (b)(ii), a Committee may—
refuse to consider the application any further or to give any advice in relation thereto; or
advise the applicant on the application and qualify such advice having regard to either or both of the following, as may be appropriate—
the fact that any information, particulars or evidence, or where appropriate, all of them, were not available to it;
the failure of the applicant (being a prospective candidate or prospective nominee) to present himself or herself before that Committee or the failure of the applicant (being a designated body) to present itself by its representative before that Committee.
Where a Committee refuses to consider an application or give advice under subsection (14)(a), it must notify the applicant in writing not later than the date specified under section 4(3).
A Committee must not consider any application which is not received under subsection (4) by the Chief Electoral Officer on or before the date specified under that subsection. (L.N. 251 of 2001)
An advice given under subsection (11) or (14)(b) must be in writing.
Subject to this section, a Committee may determine its own procedure for the purpose of advising an applicant under this section.
A Returning Officer may, as regards an ordinary election or by-election in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a particular candidate who has submitted a nomination form to that Officer under any relevant regulation made under the Ordinance in respect of a subsector is eligible to be, or is disqualified from being, nominated as a candidate in respect of that subsector. (14 of 2021 s. 181)
A Returning Officer may, as regards a designated nomination or supplementary designated nomination, in relation to which a Committee is appointed, apply in accordance with subsection (3) to that Committee for advice as to whether a particular nominee whose name has been set out in a nomination form submitted to that Officer by a designated body under any relevant regulation made under the Ordinance is eligible to be, or disqualified from being, such a nominee.
An application under subsection (1) or (2) must be in writing and made so as to be received by the Chief Electoral Officer on or before a date specified by the Commission by notice published in the Gazette.
A Committee to which an application is made under subsection (1) or (2) must consider the application and advise the Returning Officer concerned as soon as reasonably practicable but before the expiry of the period specified under section 4(4) as to whether, in the opinion of that Committee—
where the application relates to a particular candidate, that candidate concerned is eligible to be, or disqualified from being, nominated as a candidate in respect of the subsector;
where the application relates to a particular nominee, that nominee concerned is eligible to be, or disqualified from being, such a nominee.
In forming an opinion under the relevant regulations made under the Ordinance as to whether— (14 of 2021 s. 181)
a particular candidate is eligible to be, or is disqualified from being, nominated as a candidate in respect of a subsector; or
a particular nominee is eligible to be, or is disqualified from being, nominated by a designated body to be a member representing the subsector concerned on the Election Committee,
the Returning Officer must have regard to any advice given under section 6 or 9 or subsection (4) as regards that candidate or nominee.
In this section, references to Returning Officer are to be construed as—
in the case of an ordinary election or by-election, references to the Returning Officer appointed for the subsector, in respect of which the candidate concerned has submitted a nomination form; and
in the case of a designated nomination or supplementary designated nomination, references to the Returning Officer appointed for the designated nomination or supplementary designated nomination, as the case may be, in respect of which the designated body concerned has submitted a nomination form.
An advice given under subsection (4) must be in writing.
A Committee must furnish to the Commission a copy of—
any advice given under section 6 or 7 as soon as reasonably practicable after it is given;
any information, particulars and evidence made available under section 6(12) as soon as reasonably practicable after they are made available to the Committee; and
any written notification under section 6(15) as soon as reasonably practicable after it is sent to the applicant. (L.N. 251 of 2001)
Without prejudice to section 7, a Committee must—
at the request of the Commission, attend such meeting as may be called by the Commission at the close of the nomination period for a particular ordinary election, by-election, designated nomination or supplementary designated nomination, as the case may be; and
as far as reasonably practicable, give advice at the meeting to any Returning Officer present on any matter referred to in section 7(1) or (2) regarding that ordinary election, by-election, designated nomination or supplementary designated nomination, as the case may be, on which the Returning Officer may wish to seek advice from the Committee. (14 of 2021 s. 182)
An advice given under subsection (1)(b) may be either oral or in writing.
For the avoidance of doubt, it is declared that any advice given under this Regulation or a refusal under section 6(14)(a) does not preclude—
a person from seeking nomination as a candidate or proceeding with a nomination as a candidate, or from seeking nomination as a nominee, under the relevant regulations made under the Ordinance;
a designated body from proceeding with a designated nomination or supplementary designated nomination under the relevant regulations made under the Ordinance;
a person from appealing under the Election Committee (Appeals) Regulation (Cap. 569 sub. leg. A) against the result of an ordinary election or by-election; or
a person from objecting under the Election Committee (Appeals) Regulation (Cap. 569 sub. leg. A) to the registration in the interim register or final register of a nominee as a member of the Election Committee. (L.N. 113 of 2006)
In subsection (1)(d)—
final register (正式委員登記冊) means a register published under section 40(2), (3), (3A) or (4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); interim register (暫行委員登記冊) means a register published under section 40(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (L.N. 113 of 2006)