Cap. 541K 《選舉管理委員會(選民登記)(鄉郊代表選舉)規例》Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation

生效中

版本日期: 2022-07-15

Cap. 541J

Cap. 541L

Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation

(Cap. 541, section 7)

(Enacting provision omitted—E.R. 2 of 2012)

[15 February 2003]

(Format changes—E.R. 2 of 2012)

Editorial Note: The title of this Regulation was amended from “Electoral Affairs Commission (Registration of Electors) (Village Representative Election) Regulation” to “Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation” — see 5 of 2014 s. 2.

Part 1 — Preliminary

1. Interpretation

(1)

In this Regulation, unless the context otherwise requires—

claim (申索) means a claim made under section 24 in accordance with section 25; Composite Indigenous Village (共有代表鄉村) has the same meaning as in section 2(1) of the Election Ordinance; current year (現年份) means, in relation to the compilation of— (a)a provisional register, the year for which the provisional register is being compiled; and (b)a final register, the year for which the final register is being compiled; division (分冊) means, in relation to— (a)an Existing Villages register, a division of that register set apart under section 2(1) for a particular Existing Village; (5 of 2014 s. 19) (b)an Indigenous Villages and Composite Indigenous Villages register, a division of that register—(i)set apart under section 3(2) for a particular Indigenous Village; or(ii)set apart under section 3(3) for a particular Composite Indigenous Village; and (5 of 2014 s. 19) (c)a Market Towns register, a division of that register set apart under section 3A(1) for a particular Market Town; (5 of 2014 s. 19) election (選舉) has the same meaning as in section 2(1) of the Election Ordinance; Election Ordinance (《選舉條例》) means the Rural Representative Election Ordinance (Cap. 576); (5 of 2014 s. 2) ERO (主任) means the Electoral Registration Officer within the meaning of section 2(1) of the Election Ordinance; Existing Village (現有鄉村) has the same meaning as in section 2(1) of the Election Ordinance; Existing Villages provisional register (現有鄉村臨時選民登記冊) means a provisional register of electors for Existing Villages required to be compiled under section 17(1)(a) of the Election Ordinance; Existing Villages register (現有鄉村選民登記冊) means an Existing Villages provisional register or a final register for Existing Villages; final register (正式選民登記冊) means a final register for Existing Villages, an Indigenous Villages and Composite Indigenous Villages final register and a final register for Market Towns; (5 of 2014 s. 19) final register for Existing Villages (現有鄉村正式選民登記冊) means a final register of electors for Existing Villages required to be compiled under section 17(1)(b) of the Election Ordinance; final register for Market Towns (墟鎮正式選民登記冊) means a final register of electors for Market Towns required to be compiled under section 17(1)(b) of the Election Ordinance; (5 of 2014 s. 19) identity card (身分證) has the same meaning as in section 2(1) of the Election Ordinance; identity document (身分證明文件) has the same meaning as in section 2(1) of the Election Ordinance; indigenous inhabitant (原居民) has the same meaning as in section 2(1) of the Election Ordinance; (L.N. 162 of 2021) Indigenous Village (原居鄉村) has the same meaning as in section 2(1) of the Election Ordinance; Indigenous Villages and Composite Indigenous Villages final register (原居鄉村暨共有代表鄉村正式選民登記冊) means a final register of electors for Indigenous Villages and Composite Indigenous Villages required to be compiled under section 17(1)(b) of the Election Ordinance; Indigenous Villages and Composite Indigenous Villages provisional register (原居鄉村暨共有代表鄉村臨時選民登記冊) means a provisional register of electors for Indigenous Villages and Composite Indigenous Villages required to be compiled under section 17(1)(a) of the Election Ordinance; Indigenous Villages and Composite Indigenous Villages register (原居鄉村暨共有代表鄉村選民登記冊) means an Indigenous Villages and Composite Indigenous Villages provisional register or an Indigenous Villages and Composite Indigenous Villages final register; Market Town (墟鎮) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 19) Market Towns provisional register (墟鎮臨時選民登記冊) means a provisional register of electors for Market Towns required to be compiled under section 17(1)(a) of the Election Ordinance; (5 of 2014 s. 19) Market Towns register (墟鎮選民登記冊) means a Market Towns provisional register or a final register for Market Towns; (5 of 2014 s. 19) notice of claim (申索通知書) means a notice of claim within the meaning of section 25(1); notice of objection (反對通知書) means a notice of objection within the meaning of section 23(1); objection (反對) means an objection made under section 23; omissions list (取消登記名單) means an omissions list within the meaning of section 18(1); (12 of 2014 s. 123) postal address (通信地址) does not include a post office box number unless it is coupled with a residential address; preceding year (對上一年) means, in relation to the compilation of a provisional register, the year immediately preceding the year for which the provisional register is being compiled; principal residential address (主要住址) has the same meaning as in section 2(1) of the Election Ordinance; provisional register (臨時選民登記冊) means an Existing Villages provisional register, an Indigenous Villages and Composite Indigenous Villages provisional register and a Market Towns provisional register; (5 of 2014 s. 19) register (選民登記冊) means a provisional register or a final register; registration (登記) means, in relation to— (a)an Existing Villages register or a Market Towns register, the entry of the name and principal residential address of a person in that register; and (5 of 2014 s. 19) (b)an Indigenous Villages and Composite Indigenous Villages register, the entry of the name of a person in that register, and registered (登記) is to be construed accordingly; resident (居民) has the same meaning as in section 2(1) of the Election Ordinance; (L.N. 162 of 2021) Revising Officer (審裁官) has the same meaning as in section 2(1) of the Election Ordinance; Rural Area (鄉郊地區) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 19) rural by-election (鄉郊補選) has the same meaning as in section 2(1) of the Election Ordinance; (L.N. 162 of 2021) Rural Committee (鄉事委員會) has the same meaning as in section 2(1) of the Election Ordinance; (L.N. 162 of 2021) rural ordinary election (鄉郊一般選舉) has the same meaning as in section 2(1) of the Election Ordinance; (L.N. 162 of 2021) Village (鄉村) has the same meaning as in section 2(1) of the Election Ordinance.

(12 of 2009 s. 21; L.N. 174 of 2017)

(2) In this Regulation, a reference to an existing final register (現有的正式選民登記冊) is to be construed, in relation to the compilation of— (a)the Existing Villages provisional register for a particular year, as a reference to the final register for Existing Villages—(i)published in the preceding year; and(ii)which is in effect by virtue of section 18 of the Election Ordinance at the time the provisional register is being compiled; (5 of 2014 s. 19) (b)the Indigenous Villages and Composite Indigenous Villages provisional register for a particular year, as a reference to the Indigenous Villages and Composite Indigenous Villages final register—(i)published in the preceding year; and(ii)which is in effect by virtue of section 18 of the Election Ordinance at the time the provisional register is being compiled; and (5 of 2014 s. 19) (c)the Market Towns provisional register for a particular year, as a reference to the final register for Market Towns—(i)published in the preceding year; and (ii)which is in effect because of section 18 of the Election Ordinance at the time the provisional register is being compiled. (5 of 2014 s. 19)

1A. Effect of inclement weather warning on date and period

(1)

In this section—

gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during the ordinary business hours of the Office; Office (有關辦事處) means— (a)the office of the ERO; or (b)for section 29(5), the office of a Revising Officer; rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday.

(2)

If—

(a)

a date is prescribed in this Regulation (whether by reference to a specific day of a specific month or to a day otherwise ascertainable under this Regulation) or is fixed under this Regulation;

(b)

an act is required or permitted by a provision of this Regulation to be done not later than, or on or before, the date or on the date; and

(c)

the date falls on an inclement weather warning day,

the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed or fixed in relation to the act instead for the provision.

(3)

If—

(a)

a period is prescribed in or fixed under this Regulation;

(b)

an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and

(c)

the last day of the period falls on an inclement weather warning day,

the period is extended, in relation to the act, to end on the next working day, which is not an inclement weather warning day, following the day mentioned in paragraph (c), and the provision has effect accordingly.

(4)

If—

(a)

a date is prescribed by reference to a specific day of a specific month in a provision (former provision) specified in column 1 of the Table;

(b)

the same date is prescribed in the provision specified opposite to the former provision in column 2 of the Table; and

(c)

the date falls on an inclement weather warning day in a year,

the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed in relation to that year instead for the provision and the former provision.

Table

Column 1	Column 2
section 9(1)	sections 9(2) and 20(7)(b)
section 19A(12)(a)(ii)	section 19A(12)(b)(i)
section 19A(12)(b)(ii)	section 19A(12)(b)(i)
section 22(2)	section 29(5)

(L.N. 12 of 2016; L.N. 174 of 2017)

(5)

If in any year 16 June falls on an inclement weather warning day, sections 20A(3) and 21(2)(c) have effect in relation to that year as if the reference to “17 June” in those sections is substituted by a reference to the day immediately after the first working day, which is not an inclement weather warning day, following 16 June. (L.N. 12 of 2016; L.N. 174 of 2017; L.N. 162 of 2021)

(12 of 2014 s. 13)

Part 2 — Form of Registers

2. Structure of Existing Villages register

(1)

An Existing Villages register is to be divided so that there is a separate division for each Existing Village.

(2)

In each division, the name of the relevant Existing Villages must be shown.

3. Structure of Indigenous Villages and Composite Indigenous Villages register

(1)

An Indigenous Villages and Composite Indigenous Villages register is to be divided so that there is a separate part for each of the following—

(a)

Indigenous Villages;

(b)

Composite Indigenous Villages.

(2)

The part for Indigenous Villages is to be divided so that there is a separate division for each Indigenous Village.

(3)

The part for Composite Indigenous Villages is to be divided so that there is a separate division for each Composite Indigenous Village.

(4)

In an Indigenous Villages and Composite Indigenous Villages register—

(a)

in each division for an Indigenous Village, the name of the relevant Village must be shown; and

(b)

in each division for a Composite Indigenous Village, the name of the relevant Village must be shown.

3A. Structure of Market Towns register

(1)

A Market Towns register is to be divided so that there is a separate division for each Market Town.

(2)

In each division, the name of the relevant Market Town must be shown.

(5 of 2014 s. 20)

4. Entries in Existing Villages register and Market Towns register

(5 of 2014 s. 21)

(1)

In an Existing Villages register and a Market Towns register, an entry relating to a person must show— (5 of 2014 s. 21)

(a)

the name; and

(b)

the principal residential address,

of the person.

(2)

The principal residential address is to be recorded in the language in which it appears in the application made under section 9(1) or 19A(1) (application). (L.N. 174 of 2017)

(3)

Subject to subsection (4), the name is to be recorded—

(a)

in Chinese, if the principal residential address appears in Chinese in the application; and

(b)

in English, if that address appears in English in the application. (L.N. 174 of 2017)

(4)

If in the application—

(a)

the name appears in English only (despite the principal residential address being in Chinese), the name is to be recorded in English; and

(b)

the name appears in Chinese only (despite that address being in English), the name is to be recorded in Chinese. (L.N. 174 of 2017)

5. Entries in Indigenous Villages and Composite Indigenous Villages register

(1)

In an Indigenous Villages and Composite Indigenous Villages register, an entry relating to a person must show—

(a)

the name of the person; and

(b)

if—

(i)

the person has provided to the ERO the person’s principal residential address—the address; or

(ii)

the person has provided to the ERO the person’s correspondence address but not the person’s principal residential address—the correspondence address. (L.N. 174 of 2017)

(2)

The principal residential address is to be recorded in the language in which it appears in the application made under section 9(1) or the request made under section 20(1). (L.N. 174 of 2017)

(3)

Subject to subsection (4), the name is to be recorded—

(a)

in Chinese, if the principal residential address appears in Chinese in the application made under section 9(1) or the request made under section 20(1); and

(b)

in English, if that address appears in English in the application made under section 9(1) or the request made under section 20(1). (L.N. 174 of 2017)

(4)

If in the application made under section 9(1) or 19A(1) (application) or the request made under section 20(1)—

(a)

the name appears in English only (despite the principal residential address being in Chinese), the name is to be recorded in English;

(b)

the name appears in Chinese only (despite that address being in English), the name is to be recorded in Chinese; and

(c)

the principal residential address is not furnished, the name is to be recorded—

(i)

in Chinese, if the signature of the person in the application appears to be in Chinese;

(ii)

in English, if the signature of the person in the application appears to be in English; or

(iii)

in any other case, in Chinese or English as determined by the ERO. (L.N. 174 of 2017)

6. How entries are to be arranged in register

In a register, the order in which names of persons are to be arranged in a division is as follows—

(a)

the names in Chinese, arranged according to the number of strokes of the first Chinese character of the respective surnames, as written in traditional Chinese characters, are to be recorded first; and

(b)

the names in English, arranged according to the alphabetical order of the respective surnames, must follow the entries at paragraph (a).

7. ERO to determine residual matters as to form

Subject to this Part, the ERO may determine the form of a register.

Part 3 — Application for Registration

8.

(Repealed 12 of 2009 s. 22)

9. When to apply for registration in provisional registers

(12 of 2009 s. 23)

(1)

A person seeking registration in a provisional register must make an application to the ERO, in accordance with section 10, to be received by the ERO on or before 16 June of the current year.

(2)

An application received by the ERO after 16 June in any year, but on or before 16 June in the following year, must be treated by the ERO as an application received on or before 16 June of that following year for registration in the provisional register to be compiled for that following year.

(3)

(Repealed 12 of 2009 s. 23)

(12 of 2009 s. 23; L.N. 162 of 2021)

10. How to apply for registration in provisional register

(1)

The following applies to an application for registration in a provisional register—

(a)

the application must be made on the specified form;

(b)

the specified form must be completed either in Chinese or English; and

(c)

the application must be signed by the person seeking to be registered.

(1A)

For an application for registration in the Existing Villages provisional register or the Market Towns provisional register, the ERO 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. (L.N. 162 of 2021)

(2)

A person seeking registration in the Indigenous Villages and Composite Indigenous Villages provisional register must, at the time of applying to be registered, furnish to the ERO, for the purpose of determining eligibility, a copy of the person’s identity document if that identity document is not an identity card.

Part 4 — Compilation of Provisional Register

11. ERO to determine whether or not applicant is eligible for registration

(1)

When the ERO receives an application by a person for registration—

(a)

in the Existing Villages provisional register, the ERO must, as soon as practicable, but subject to subsections (2) and (3) and sections 12 and 13, determine either—

(i)

that the applicant is eligible to be so registered; or

(ii)

that the applicant is not eligible to be so registered; (5 of 2014 s. 22)

(b)

in the Indigenous Villages and Composite Indigenous Villages provisional register, the ERO must, as soon as practicable, but subject to subsections (2) and (4) and sections 12 and 14, determine either—

(i)

that the applicant is eligible to be so registered; or

(ii)

that the applicant is not eligible to be so registered; or (5 of 2014 s. 22)

(c)

in the Market Towns provisional register, the ERO must, as soon as practicable, but subject to subsections (2) and (5) and sections 12 and 14A, determine either—

(i)

that the applicant is eligible to be so registered; or

(ii)

that the applicant is not eligible to be so registered. (5 of 2014 s. 22)

(2)

The ERO must not consider an application further if at any stage the ERO is satisfied on reasonable grounds that the application is manifestly an abuse of the registration procedure.

(3)

If, in relation to an application for registration in the Existing Villages provisional register, the ERO is satisfied on reasonable grounds that the applicant is already registered in the existing final register for Existing Villages, for the Village named by the applicant on the application, the ERO may decide not to consider the application further.

(4)

If, in relation to an application for registration in the Indigenous Villages and Composite Indigenous Villages provisional register, the ERO is satisfied on reasonable grounds that the applicant is already registered in the existing Indigenous Villages and Composite Indigenous Villages final register, for the Village named by the applicant on the application, the ERO may decide not to consider the application further.

(5)

If, for an application for registration in the Market Towns provisional register, the ERO is satisfied on reasonable grounds that the applicant is already registered in the existing final register for Market Towns, for the Market Town named by the applicant on the application, the ERO may decide not to consider the application further. (5 of 2014 s. 22)

12. ERO may require further particulars or proof

(1)

The ERO may, before making a determination under section 11, require, in writing, the applicant to—

(a)

furnish in writing, within the specified period, either—

(i)

further particulars relating to the application as specified by the ERO; or

(ii)

proof that the applicant is eligible to be registered; or

(b)

furnish in writing, within the specified period, both such particulars and proof.

(2)

When making a requirement, the ERO must also inform the applicant, in writing, that—

(a)

if the applicant does not furnish the particulars or proof within the specified period; or

(b)

if the ERO is not satisfied with the furnished particulars or proof,

the ERO may decide not to consider the application further.

(3)

If an applicant—

(a)

does not furnish any particulars or proof required by the ERO within the specified period; or

(b)

does not furnish particulars or proof to the satisfaction of the ERO,

the ERO may decide not to consider the application further.

(4)

If, in relation to an application for registration in the Indigenous Villages and Composite Indigenous Villages provisional register—

(a)

the ERO is unable to make a requirement under this section because the applicant has not furnished—

(i)

the principal residential address;

(ii)

a postal address in Hong Kong for the ERO to communicate with the applicant; or

(iii)

a facsimile number or an electronic mail address for the ERO to communicate with the applicant; and

(b)

the ERO is unable for that reason to determine whether or not the applicant is eligible to be registered,

the ERO may decide not to consider the application further.

(5) In this section, specified period (指明期間) means a period specified by the ERO, which must be a period ending on or before 6 August following the making of the requirement. (12 of 2009 s. 24)

13. Registration in Existing Villages register

If, in respect of an application for registration in an Existing Villages provisional register, the ERO determines, having regard to information relevant to section 15(4) of the Election Ordinance, that the applicant is eligible to be registered for the Village named by the applicant on the application, the ERO must record that person’s name and principal residential address in the division for that Village.

14. Registration in Indigenous Villages and Composite Indigenous Villages register

If, in respect of an application for registration in an Indigenous Villages and Composite Indigenous Villages provisional register, the ERO determines, having regard to information relevant to section 15(5) of the Election Ordinance, that the applicant is eligible to be registered for the Village named by the applicant on the application, the ERO must record that person’s name in the division for that Village.

14A. Registration in Market Towns register

If, for an application for registration in a Market Towns provisional register, the ERO determines, having regard to information relevant to section 15(5A) of the Election Ordinance, that the applicant is eligible to be registered for the Market Town named by the applicant on the application, the ERO must record that person’s name and principal residential address in the division for that Market Town.

(5 of 2014 s. 23)

15. ERO to inform applicants of determinations and decisions

(1)

When the ERO determines that an applicant is eligible to be registered in an Existing Villages provisional register, the ERO must, as soon as practicable, inform the applicant, in writing—

(a)

of the determination; and

(b)

the name of the Existing Village for which that person is being registered.

(2)

When the ERO determines that an applicant is eligible to be registered in an Indigenous Villages and Composite Indigenous Villages provisional register, the ERO must, as soon as practicable, inform the applicant, in writing—

(a)

of the determination; and

(b)

the name of—

(i)

the Indigenous Village; or

(ii)

the Composite Indigenous Village,

for which that person is being registered.

(2A)

When the ERO determines that an applicant is eligible to be registered in a Market Towns provisional register, the ERO must, as soon as practicable, inform the applicant, in writing—

(a)

of the determination; and

(b)

the name of the Market Town for which that person is being registered. (5 of 2014 s. 24)

(3)

If the ERO determines that an applicant for registration in a provisional register is not eligible to be registered in the provisional register, the ERO must, as soon as practicable, inform the applicant, in writing and by post, of the determination. (5 of 2014 s. 24; L.N. 12 of 2016)

(4)

(Repealed 5 of 2014 s. 24)

(5)

If the ERO makes a decision under section 12(3) not to consider an application further, the ERO must, as soon as practicable, inform the applicant, in writing and by post, of the decision. (L.N. 12 of 2016)

16. ERO to have power to require information to prepare registers

(1)

For the purpose of preparing a register, the ERO may require a public authority to furnish such information as the ERO may specify.

(2)

Without limiting subsection (1), the ERO may require a public authority to furnish—

(a)

the name, identity document number, sex and principal residential address of a person who appears to the ERO to be eligible under section 15 of the Election Ordinance to be registered as an elector for an Existing Village; (5 of 2014 s. 25)

(b)

the name, identity document number, sex and information relating to indigenous inhabitant status of a person who appears to the ERO to be eligible under that section to be registered as an elector for an Indigenous Village or a Composite Indigenous Village; or (5 of 2014 s. 25)

(c)

the name, identity document number, sex and principal residential address of a person who appears to the ERO to be eligible under that section to be registered as an elector for a Market Town. (5 of 2014 s. 25)

(3)

When the ERO requires information from a public authority, that authority must furnish the required information to the ERO within 14 days of making the requirement.

(4)

If the ERO thinks fit, the ERO may, in a particular case, extend the period referred to in subsection (3). If the period is extended, the public authority must furnish the information within the extended period.

(5)

For the avoidance of doubt, it is stated that the ERO may make a requirement for information under this section only for the purpose of preparing a register.

(6)

A person may use information obtained under this section only for the purpose of preparing a register or in connection with an investigation or proceedings relating to an offence under this Regulation.

(7)

In this section—

prepare (擬備) means compile, revise, correct or publish; public authority (公共主管當局) includes a public officer or a member of a public body.

17. ERO may make inquiries about persons registered in existing final register

(1)

When compiling a provisional register, the ERO may, in accordance with this section, make inquiries as the ERO considers fit, to ascertain the following—

(a)

whether a person whose name is, or whose name and principal residential address are, recorded in the existing final register is dead; (5 of 2014 s. 26)

(b)

whether a person whose name is, or whose name and principal residential address are, recorded in the existing final register is disqualified from being registered because of section 16 of the Election Ordinance; (5 of 2014 s. 26)

(c)

whether a person whose name and principal residential address are recorded in the existing final register for Existing Villages is not entitled to be registered because of section 15(3) of the Election Ordinance; (5 of 2014 s. 26)

(d)

whether the address recorded against a person’s name in the existing final register for Existing Villages is no longer the person’s principal residential address; (5 of 2014 s. 26)

(e)

whether a person whose name and principal residential address are recorded in the existing final register for Existing Villages is not eligible to be registered because of section 15(4) of the Election Ordinance; (5 of 2014 s. 26)

(f)

whether a person whose name is recorded in the existing Indigenous Villages and Composite Indigenous Villages final register is not eligible to be registered because of section 15(5) of the Election Ordinance; (5 of 2014 s. 26)

(g)

whether a person whose name and principal residential address are recorded in the existing final register for Market Towns is not entitled to be registered because of section 15(3A) of the Election Ordinance; (5 of 2014 s. 26)

(h)

whether the address recorded against a person’s name in the existing final register for Market Towns is no longer the person’s principal residential address; (5 of 2014 s. 26)

(i)

whether a person whose name and principal residential address are recorded in the existing final register for Market Towns is not eligible to be registered because of section 15(5A) of the Election Ordinance. (5 of 2014 s. 26)

(2)

An inquiry for the purpose of compiling a provisional register must be made in writing and sent by post addressed to the person from whom the inquiry is made. (5 of 2014 s. 26; L.N. 12 of 2016)

(3)

The ERO may make an inquiry from a person whose name is recorded in a final register, only on or before 30 May of the current year. (12 of 2009 s. 25; L.N. 162 of 2021)

(4)

The ERO may make an inquiry from any other source that the ERO considers appropriate at any time.

(5)

For the avoidance of doubt, it is stated that the ERO may make an inquiry under this section only for the purpose of preparing a register.

(6)

(7) In this section, prepare (擬備) means compile, revise, correct or publish.

18. ERO to prepare omissions list

(1) In compiling a provisional register, the ERO must, for the purposes of section 17(4)(a) and (b) of the Election Ordinance, prepare an omissions list (omissions list).

(2) The ERO must enter on the omissions list the name and other relevant particulars of a person registered in the existing final register for a Rural Area (relevant Rural Area) regarding whom the ERO has made an inquiry under section 17 on or before 30 May of the current year, if the result of the inquiry was as follows— (12 of 2009 s. 26; 5 of 2014 s. 2; L.N. 162 of 2021) (a)the information asked for was not received by the ERO on or before 16 June of the current year; (12 of 2009 s. 26; L.N. 162 of 2021) (b)(Repealed 12 of 2014 s. 35) (c)the ERO is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is dead; (d)the ERO is satisfied on reasonable grounds and despite any information to the contrary received by the ERO, that the person is dead; (e)the ERO is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is disqualified from being registered or not eligible to be registered; or (f)the ERO is satisfied on reasonable grounds and despite any information to the contrary received by the ERO, that the person is disqualified from being registered or not eligible to be registered.

(2A)

The ERO must enter on the omissions list the name and other relevant particulars of any person—

(a)

whose name is recorded in the existing final register;

(b)

who has, by a signed written notice, informed the ERO on or before 16 June of the current year that he or she does not wish to be registered in the register; and (L.N. 162 of 2021)

(c)

who has, in the opinion of the ERO, been informed (by means of the ERO’s notification under subsection (7A) or otherwise) of the ERO’s intention to omit the person’s name and other relevant particulars from the next final register. (12 of 2014 s. 35)

(3)

The ERO must enter on the omissions list the name and other relevant particulars of any person whose name is recorded in the existing final register, if the Registrar of Births and Deaths has informed the ERO, on or before 16 June of the current year, that the person is dead. (12 of 2009 s. 26; L.N. 162 of 2021)

(4)

In compiling an Existing Villages provisional register—

(a)

if the ERO has reason to believe—

(i)

from information received in response to a requirement or inquiry under section 16 or 17 or otherwise; or

(ii)

despite any information to the contrary received by the ERO,

that the address recorded against a person’s name in the existing final register for Existing Villages is no longer the person’s principal residential address; and

(b)

if the principal residential address of that person is not known to the ERO at the time the omissions list is prepared,

the ERO must enter on the omissions list the name and other relevant particulars of that person.

(4A)

In compiling a Market Towns provisional register—

(a)

if the ERO has reason to believe—

(i)

from information received in response to a requirement or inquiry under section 16 or 17 or otherwise; or

(ii)

despite any information to the contrary received by the ERO,

that the address recorded against a person’s name in the existing final register for Market Towns is no longer the person’s principal residential address; and

(b)

if the principal residential address of that person is not known to the ERO at the time the omissions list is prepared,

the ERO must enter on the omissions list the name and other relevant particulars of that person. (5 of 2014 s. 27)

(5)

The ERO must, in a manner that the ERO considers appropriate, show on the omissions list that a person whose name and other relevant particulars are entered on the omissions list is a person whose name the ERO proposes to omit from the next final register for the relevant Rural Area. (5 of 2014 s. 2)

(6)

The ERO may enter on the omissions list the name and other relevant particulars of a person under subsection (2)(a) only if the inquiry was made from the person who is the subject of the inquiry and the ERO has informed the person in writing and by post (sent to the address recorded against the person’s name in the existing final register) that the ERO proposes to omit the person’s name from the next final register if the relevant information is not received by the ERO on or before 16 June of the current year. (12 of 2009 s. 26; L.N. 12 of 2016; L.N. 162 of 2021)

(7)

(Repealed 12 of 2014 s. 35)

(7A)

On receiving a notice referred to in subsection (2A)(b) from a person, the ERO must notify, by post, the person of the ERO’s intention to omit the person’s name and other relevant particulars from the next final register. (12 of 2014 s. 35; L.N. 12 of 2016)

(8) In this section, other relevant particulars (其他有關詳情) means, in relation to the compilation of— (a)the Existing Villages provisional register or the Market Towns provisional register, the principal residential address; and (5 of 2014 s. 27) (b)the Indigenous Villages and Composite Indigenous Villages provisional register, the principal residential address, if it has been furnished to the ERO.

19. ERO to publish notice that omissions list is available for inspection by specified persons

(8 of 2022 s. 18)

(1)

As soon as practicable after the omissions list is prepared, the ERO must publish a notice which complies with section 17(5) of the Election Ordinance—

(a)

in the Gazette; and

(b)

in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong.

(2)

The period for which the omissions list is to be available for inspection by specified persons during ordinary business hours at the ERO’s office, for the purposes of section 17(6) of the Election Ordinance, is the period beginning on the date the notice is published in the Gazette and ending on 9 September in the same year. (12 of 2009 s. 27; 8 of 2022 s. 18)

(3)

The ERO may make available for inspection by specified persons, a copy of the omissions list or a specific part of that list (additional copy), at a place additional to a place specified in a notice published under this section, if the ERO considers it appropriate to do so. The ERO may determine the period during which and the time at which an additional copy may be so inspected. (8 of 2022 s. 18)

(3A)

A person falling within paragraph (d), (e), (f) or (g) of the definition of specified person in subsection (5) may, in that capacity, inspect under this section only—

(a)

for a Rural Committee in respect of a Rural Area—a copy of the extract of the omissions list that relates to the Rural Area;

(b)

for a resident of an Existing Village—a copy of the extract of the omissions list that relates to the Existing Village;

(c)

for an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village—a copy of the extract of the omissions list that relates to the Indigenous Village or the Composite Indigenous Village; or

(d)

for a resident of a Market Town—a copy of the extract of the omissions list that relates to the Market Town. (8 of 2022 s. 18)

(3B)

A person falling within paragraph (a), (b), (c) or (d) of the definition of specified person in subsection (5) may only make an inspection under this section through an individual duly authorized by the person. (8 of 2022 s. 18)

(4)

The ERO may require an individual who wishes to make an inspection under this section to—

(a)

produce to the ERO—

(i)

the identity document of the individual; and

(ii)

for an individual through whom the person who intends to make the inspection pursuant to subsection (3B) acts—the authorization given by the person to the individual for the purposes of subsection (3B); and

(b)

complete a form furnished by the ERO. (8 of 2022 s. 18)

(5)

In this section—

candidate (候選人) has the meaning given by section 2(1) of the Election Ordinance; coming election (下一場選舉), in relation to an omissions list, means any of the following elections that is held within 1 year after the publication date of the omissions list—(a)a rural ordinary election;(b)a rural by-election; previous election (先前選舉), in relation to an omissions list, means—(a)the last rural ordinary election that was held before the publication date of the omissions list; or(b)any rural by-election that was held after the election mentioned in paragraph (a) and before the publication date of the omissions list; 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 in the Gazette under subsection (1); specified person (指明人士), in relation to the inspection of an omissions list or a part of it, means—(a)a person who subscribes 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—(i)to which an extract was made available under section 31(1) for a purpose related to a previous election;(ii)and was represented by a validly nominated candidate at a previous election; or(iii)and 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)the Heung Yee Kuk;(d)a Rural Committee;(e)a resident of an Existing Village;(f)an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village; or(g)a resident of a Market Town. (8 of 2022 s. 18)

19A. Application for change of principal particulars in existing final register

(1)

A person whose personal particulars are recorded in the existing final register (applicant) may apply to the ERO for change of a principal particular in the entry relating to the applicant.

(2)

An application made under subsection (1) (application) must be—

(a)

made on the specified form;

(b)

completed in English or Chinese; and

(c)

signed by the applicant.

(3)

For an application for change of principal residential address recorded in the final register for Existing Villages or the final register for Market Towns, the ERO 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. (L.N. 162 of 2021)

(4)

In processing an application, the ERO may, in writing, require the applicant to provide either or both of the following within the period specified in subsection (5)—

(a)

further written particulars relating to the application as specified by the ERO;

(b)

documentary evidence that proves that the entry relating to the applicant in the existing final register is incorrect.

(5)

The period is a period specified by the ERO ending on or before 6 August that follows the making of the requirement.

(6)

The ERO must approve an application if the ERO is satisfied that—

(a)

the entry relating to the applicant in the existing final register is incorrect; and

(b)

the entry should be amended in accordance with the information provided by the applicant.

(7)

The ERO must refuse an application if the ERO is satisfied that—

(a)

the entry relating to the applicant in the existing final register is incorrect; but

(b)

the entry should not be amended in accordance with the information provided by the applicant.

(8)

The ERO must refuse an application for change of principal residential address if there is no satisfactory evidence available to the ERO that proves that the address stated in the application is the principal residential address of the applicant.

(9)

The ERO may decide not to process an application further—

(a)

if the ERO is satisfied that the entry relating to the applicant in the existing final register is correct; or

(b)

where the ERO requires the applicant to provide particulars or evidence under subsection (4)—

(i)

if the applicant does not comply with the requirement; or

(ii)

if the applicant does not provide particulars or evidence to the satisfaction of the ERO.

(10)

The ERO must notify the applicant, by post, of a decision made under subsection (6), (7), (8) or (9).

(11)

If the ERO—

(a)

receives an application during the period specified in subsection (12); and

(b)

approves the application,

the ERO must, when compiling the first provisional register after that period, record in the appropriate place in the register the principal particular changed.

(12)

The period is, in relation to the compilation of—

(a)

the provisional register for 2018—

(i)

after 16 July 2017; but

(ii)

not later than 16 June 2018; or

(b)

any subsequent provisional register—

(i)

after 16 June in the preceding year; but

(ii)

not later than 16 June in the current year.

(13)

In this section—

principal particular (主要詳情), in relation to an applicant, means— (a)for the compilation of the Existing Villages provisional register or the Market Towns provisional register—the name or principal residential address of the applicant; or (b)for the compilation of the Indigenous Villages and Composite Indigenous Villages provisional register—the name of the applicant.

(L.N. 174 of 2017)

20. Request for change of other particulars in existing Indigenous Villages and Composite Indigenous Villages final register

(L.N. 174 of 2017)

(1)

A person whose name is recorded in the existing Indigenous Villages and Composite Indigenous Villages final register may make a written request to the ERO—

(a)

to change the principal residential address or the correspondence address in an entry relating to the person;

(b)

to add to, or remove from, an entry relating to the person the principal residential address or the correspondence address of the person; or

(c)

if the person is eligible to be registered as an elector for 2 or more Indigenous Villages or Composite Indigenous Villages—to change the Indigenous Village or Composite Indigenous Village for which the person is registered. (L.N. 174 of 2017)

(1A)

In making a request under subsection (1), the person must provide to the ERO information on—

(a)

in relation to a request described in subsection (1)(a) or (b)—how the entry relating to the person is to be changed; or

(b)

in relation to a request described in subsection (1)(c)—the Indigenous Village or Composite Indigenous Village for which the person seeks to be registered. (L.N. 174 of 2017)

(2)

If the ERO—

(a)

receives a request under subsection (1) within the period specified in subsection (7); and

(b)

is satisfied that the entry relating to the person, or the Indigenous Village or Composite Indigenous Village for which the person is registered, should be changed,

the ERO must, when compiling the first Indigenous Villages and Composite Indigenous Villages provisional register after that period, record in the appropriate place in the provisional register the personal particulars of the person changed. (L.N. 174 of 2017)

(3)

(Repealed L.N. 174 of 2017)

(4)

If the ERO makes a change under subsection (2), the ERO must inform the person concerned, in writing, of the change. (L.N. 174 of 2017)

(5)

If the ERO decides not to make a requested change, the ERO must notify the person concerned, in writing and by post, of the decision. (L.N. 12 of 2016; L.N. 174 of 2017)

(6)

(Repealed L.N. 174 of 2017)

(7)

For the purposes of subsection (2), the period is—

(a)

in relation to the compilation of the provisional register for 2022—from 17 July 2021 to 16 June 2022; or

(b)

in relation to the compilation of any subsequent provisional register—from 17 June of the preceding year to 16 June of the current year. (L.N. 162 of 2021)

(7A)

The ERO may, before acting under subsection (2), 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—

(a)

further particulars relating to the request as specified by the ERO;

(b)

proof that the entry is incorrect. (L.N. 12 of 2016)

(8)

In this section—

specified period (指明期間) means, in relation to a requirement made under subsection (7A), a period specified by the ERO ending not later than 6 August that follows the making of the requirement. (L.N. 12 of 2016)

20A. ERO to correct entries in existing final register when compiling provisional register

(1)

If it appears to the ERO, from information obtained within the specified period, as a result of an inquiry or otherwise, that a personal particular in an entry in the existing final register is incorrect, the ERO may, when compiling the first provisional register after that period, record in the appropriate place in the register the personal particular corrected.

(2)

If the ERO makes a correction under subsection (1), the ERO must inform the person concerned, in writing, of the correction.

(3)

In this section—

specified period (指明限期) means— (L.N. 162 of 2021) (a)in relation to the compilation of the provisional register for 2022—the period beginning on 17 July 2021 and ending on 16 June 2022; or (b)in relation to the compilation of any subsequent provisional register—the period beginning on 17 June of the preceding year and ending on 16 June of the current year. (L.N. 162 of 2021)

(L.N. 174 of 2017)

21. What is to be contained in provisional register

(1)

(Repealed 12 of 2009 s. 29)

(2)

A provisional register is to consist of the following— (12 of 2009 s. 29)

(a)

subject to sections 18, 19A, 20, 20A and 29(3) and (4), the personal particulars recorded in the existing final register;

(b)

if the name or principal residential address is changed pursuant to section 25(5)(a), the relevant particulars as changed; and

(c)

the personal particulars of persons whom the ERO has determined to be eligible to be registered on applications made under section 9(1) received by the ERO during— (12 of 2009 s. 29; L.N. 174 of 2017; L.N. 162 of 2021)

(i)in relation to the compilation of the provisional register for 2022—the period beginning on 17 July 2021 and ending on 16 June 2022; or (ii)in relation to the compilation of any subsequent provisional register—the period beginning on 17 June of the preceding year and ending on 16 June of the current year. (L.N. 162 of 2021)

(3) In this section, personal particulars (個人詳情) means, in relation to—(a)the Existing Villages provisional register or the Market Towns provisional register, the name and principal residential address of a person; and (5 of 2014 s. 29)(b)the Indigenous Villages and Composite Indigenous Villages provisional register, the name of a person, and also the principal residential address of a person, if it has been furnished to the ERO.

22. ERO to publish notice that provisional register is available for inspection by specified persons

(L.N. 162 of 2021)

(1)

For the purposes of section 17(1)(a) of the Election Ordinance, the ERO must publish a notice which complies with subsections (2) and (3)—

(a)

in the Gazette; and

(b)

in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong.

(2)

The notice must be published every year, not later than 27 August. (12 of 2009 s. 30)

(3)

The notice must specify—

(a)

that a copy of the provisional register is available for inspection by specified persons during ordinary business hours during the period referred to in subsection (4); and

(b)

the place or places at which a copy of the provisional register may be so inspected. (L.N. 162 of 2021)

(4)

The ERO must make available for inspection by specified persons a copy of the provisional register— (L.N. 162 of 2021)

(a)

for a period beginning on the date on which the notice under subsection (1) is published in the Gazette and ending on 9 September in the same year; (12 of 2014 s. 14)

(b)

during ordinary business hours; and

(c)

at the place or places specified in the notice.

(5)

The ERO may, if the ERO considers appropriate, make a copy of a specific part or division of the provisional register (additional copy) available for inspection by specified persons—

(a)

during the period, and at the time, determined by the ERO; and

(b)

at a place in addition to the place or places specified in a notice published under this section. (L.N. 162 of 2021)

(5A)

For the purposes of subsections (4) and (5), the ERO may further make available for inspection an additional copy of the provisional register or an additional copy of a specific part or division of the provisional register, in which entries are arranged in a manner that the ERO considers appropriate for inspection. (11 of 2012 s. 59; L.N. 162 of 2021)

(5B)

A person falling within paragraph (d), (e), (f) or (g) of the definition of specified person in subsection (7) may, in that capacity, inspect under this section only—

(a)

for a Rural Committee in respect of a Rural Area—a copy of the specific division of the provisional register that relates to the Rural Area;

(b)

for a resident of an Existing Village—a copy of the specific division of the provisional register that relates to the Existing Village;

(c)

for an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village—a copy of the specific division of the provisional register that relates to the Indigenous Village or the Composite Indigenous Village; or

(d)

for a resident of a Market Town—a copy of the specific division of the provisional register that relates to the Market Town. (L.N. 162 of 2021)

(5C)

A person falling within paragraph (a), (b), (c) or (d) of the definition of specified person in subsection (7) may only make an inspection under subsection (4), (5) or (5A) through an individual duly authorized by the person. (L.N. 162 of 2021)

(6)

The ERO may require an individual who wishes to make an inspection under subsection (4), (5) or (5A) to—

(a)

produce to the ERO—

(i)

the identity document of the individual; and

(ii)

for an individual through whom the person who intends to make the inspection pursuant to subsection (5C) acts—the authorization given by the person to the individual for the purposes of subsection (5C); and

(b)

complete a form furnished by the ERO. (L.N. 162 of 2021)

(7)

In this section—

candidate (候選人) has the same meaning as in section 2(1) of the Election Ordinance; coming election (下一場選舉), in relation to a provisional register, means any of the following elections that is held within 1 year after the publication date of the register— (a)a rural ordinary election; (b)a rural by-election; previous election (先前選舉), in relation to a provisional register, means— (a)the last rural ordinary election that was held before the publication date of the register; or (b)any rural by-election that was held after the election mentioned in paragraph (a) and before the publication date of the register; publication date (刊登日期), in relation to a provisional register, means the date on which a notice relating to the register is published in the Gazette under subsection (1); specified person (指明人士), in relation to the inspection of a provisional register or a part of it, means— (a)a person who subscribes 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—(i)to which an extract was made available under section 31(1) for a purpose related to a previous election;(ii)and was represented by a validly nominated candidate at a previous election; or(iii)and 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)the Heung Yee Kuk; (d)a Rural Committee; (e)a resident of an Existing Village; (f)an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village; or (g)a resident of a Market Town. (L.N. 162 of 2021)

Part 5 — Notice of Objection, Notice of Claim and Correction of Provisional Register

23. Objection regarding registered person in provisional register

(1)

A person who considers that a registered person is not eligible to be registered—

(a)

as an elector; or

(b)

in the division of an Existing Villages register in which that person’s name is recorded; or

(c)

in the part or division of an Indigenous Villages and Composite Indigenous Villages register in which that person’s name is recorded; or (5 of 2014 s. 30)

(d)

in the division of a Market Towns register in which that person’s name is recorded, (5 of 2014 s. 30)

may make an objection to the registration of that person in the final register by lodging a notice (notice of objection).

(2)

A notice of objection must be—

(a)

in the specified form;

(b)

addressed to the ERO; and

(c)

delivered by the objector in person at the ERO’s office.

(2A)

If the objector is in custody within the meaning of section 2(1) of the Electoral Procedure (Rural Representative Election) Regulation (Cap. 541 sub. leg. L), 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. 158 of 2009; 5 of 2014 s. 2)

(3)

The notice of objection must be delivered, if the objection relates to an entry in a provisional register, on or before 9 September of the current year. (12 of 2009 s. 31)

(4)

The ERO may require a person who lodges a notice of objection to identify himself or herself by such means as the ERO considers appropriate.

(5)

In this section—

elector (選民) means a person who is entitled to vote at—(a)an election to elect an Indigenous Inhabitant Representative; (5 of 2014 s. 30)(b)an election to elect a Resident Representative; or (5 of 2014 s. 30)(c)an election to elect a Kaifong Representative; (5 of 2014 s. 30) Indigenous Inhabitant Representative (原居民代表) has the same meaning as in section 2(1) of the Election Ordinance; Kaifong Representative (街坊代表) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 30) registered person (已登記的人) means a person whose name is recorded in a provisional register; Resident Representative (居民代表) has the same meaning as in section 2(1) of the Election Ordinance.

24. Who may make a claim

(1)

A person—

(a)

who has been determined by the ERO under section 11(1)(a)(ii), (b)(ii) or (c)(ii) to be not eligible to be registered; (5 of 2014 s. 31)

(b)

whose application for registration was not considered further by the ERO under section 12(3) or (4); or

(c)

who—

(i)

has made an application for registration; and

(ii)

is not a person who is described in paragraph (a) or (b), but whose name is not recorded in the relevant provisional register,

may make a claim that he or she is entitled to be registered as an elector.

(2)

A person whose name is included in an omissions list may make a claim that he or she is entitled to be registered in the relevant final register.

(3)

A person (other than a person referred to in subsection (2)) whose name is recorded in a part or division of a provisional register may make a claim that he or she is entitled to be registered in a different part or division.

(3A)

Subsection (3B) applies to a person whose application under section 19A(1) for change of a particular—

(a)

has been refused by the ERO under section 19A(7) or (8); or

(b)

has been decided by the ERO not to process further under section 19A(9). (L.N. 174 of 2017)

(3B)

The person may make a claim to have the particular changed in accordance with the information provided in the application. (L.N. 174 of 2017)

(4)

A person whose request under section 20(1) to change a particular has been refused by the ERO may make a claim to have that particular changed as requested. (L.N. 174 of 2017)

(5)

A person whose particulars in an entry have been corrected by the ERO under section 20A(1) may make a claim objecting to that correction. (L.N. 174 of 2017)

25. How to lodge notice of claim

(1)

A claim must be—

(a) made by a notice (notice of claim) in the specified form; and

(b)

addressed to the ERO.

(2)

A notice of claim must be lodged in accordance with subsection (3).

(3) If the principal residential address of the person who makes the claim (claimant)—(a)is in Hong Kong, the claimant must deliver the notice of claim in person at the ERO’s office; or(b)is not in Hong Kong, the claimant may—(i)deliver the notice of claim in person at the ERO’s office;(ii)send the notice of claim to the ERO’s office by post or by facsimile transmission;(iii)send the notice of claim to the ERO’s office as an electronic record within the meaning of section 2(1) of the Electronic Transactions Ordinance (Cap. 553) authenticated by a digital signature within the meaning of that section; or(iv)have the notice of claim delivered at the ERO’s office by a person authorized in writing by the claimant for the purpose.

(3A)

If the claimant is in custody within the meaning of section 2(1) of the Electoral Procedure (Rural Representative Election) Regulation (Cap. 541 sub. leg. L), a notice sent by post by the claimant is deemed, for the purposes of subsection (3)(a), to be a notice delivered by the claimant in person. (L.N. 158 of 2009; 5 of 2014 s. 2)

(4)

The notice of claim must be lodged, if the claim relates to registration in a provisional register, on or before 9 September of the current year. (12 of 2009 s. 32)

(5)

If the ERO receives a claim after the date referred to in subsection (4), the ERO may, having regard to the nature of the claim, treat it— (12 of 2009 s. 32)

(a)

as a request for change made under section 20(1) for the purpose of the compilation of the next provisional register; or (L.N. 174 of 2017)

(b)

as a claim for the purpose of the compilation of the final register for the year following that in which the claim is lodged. (L.N. 174 of 2017)

(6)

If the ERO treats a claim in the manner described in—

(a)

subsection (5)(a), section 20(2), (4) and (5) applies to the claim; or (L.N. 174 of 2017)

(b)

subsection (5)(b), the claim must be referred to the Revising Officer.

(7)

The ERO may require—

(a)

a claimant; or

(b)

a person authorized by a claimant,

who delivers a notice of claim to identify himself or herself by such means as the ERO considers appropriate.

(8)

If a person, subsequent to making a claim after the date referred to in subsection (4), makes one or more further claims, applications or requests, the ERO is required to consider only the latest claim, application or request (as the case may be). (12 of 2009 s. 32; L.N. 174 of 2017)

26. ERO to deliver copies of notices of claim and notices of objection to Revising Officer

(1)

Every year the ERO must deliver to the Revising Officer, in accordance with this section, a copy of each notice of objection or notice of claim received by the ERO.

(2)

The copies of those notices may be delivered in one or more batches as the ERO considers appropriate. But, all notices received in respect of a provisional register must be delivered within 3 working days after the last date for lodging a notice of objection or notice of claim in respect of that provisional register.

27. ERO to correct principal residential addresses when compiling Indigenous Villages and Composite Indigenous Villages final register

(L.N. 12 of 2016)

(1)-(8)

(Repealed L.N. 12 of 2016)

(9)

When compiling an Indigenous Villages and Composite Indigenous Villages final register, the ERO may at any time correct or change the principal residential address contained in an entry or add to or remove from an entry the principal residential address at the request of the person to whom the entry relates and in accordance with information furnished by that person.

(10)-(11)

(Repealed L.N. 12 of 2016)

28. ERO to correct entries in provisional register with approval of Revising Officer

(1)

If the ERO is satisfied that—

(a)

an entry in a provisional register is incorrect;

(b)

an additional entry ought to be made in a final register; or

(c)

a person whose name is recorded in a provisional register is no longer eligible to be registered in that register or in the part or division in which that person is registered,

the ERO may, when compiling the final register, correct the entry, make an additional entry or remove the entry as may be appropriate.

(2)

The ERO must not take any action under subsection (1) unless the ERO—

(a)

has obtained the approval of the Revising Officer for the proposed correction, addition or removal, in relation to the compilation of a final register, on or before 5 October of the current year; and (12 of 2009 s. 34)

(b)

has, after obtaining that approval, sent a notice by post to the person concerned, informing the person of the proposed correction, addition or removal. (L.N. 12 of 2016)

(3)

For the avoidance of doubt, it is stated that the requirement to obtain the approval of the Revising Officer does not apply to—

(a)

a correction by the ERO under section 17(2) of the Election Ordinance; or

(b)

the addition or correction of the principal residential address of a person when compiling the Indigenous Villages and Composite Indigenous Villages final register.

Part 6 — Final Register

29. What is to be contained in final register

(1)

Subject to subsections (2) and (3), a final register is to consist of the following—

(a)

the personal particulars contained in the immediately preceding provisional register as corrected, where appropriate, under section 27(9) or 28; (L.N. 12 of 2016)

(b)

the personal particulars of a person whom the Revising Officer has ruled to be entitled to be registered on a claim made by that person (including a claim under section 25(5)(b)); and

(c)

entries, if any, made under section 28(1)(b).

(2)

The ERO must not include in a final register, the personal particulars of the following persons—

(a)

a person, in respect of whom an objection has been allowed by the Revising Officer;

(b)

a person referred to in section 24(1) or (2) whose claim has not been allowed by the Revising Officer;

(c)

a person, whose name has been included in an omissions list, who—

(i)

has not made a claim in respect of the omission; or

(ii)

has made a claim which has not been allowed by the Revising Officer.

(3)

If, on an objection or a claim made by a person, the Revising Officer has made a ruling as to the part or division of the final register in which the person is to be registered, the ERO must ensure that the person’s personal particulars are recorded in that part or division.

(4)

If, on an objection or a claim made by a person, the Revising Officer has made a ruling, in relation to—

(a)

the Existing Villages register or the Market Towns register, on the name or principal residential address of a person; or (5 of 2014 s. 33)

(b)

the Indigenous Villages and Composite Indigenous Villages register, on the name of a person,

the ERO must ensure that those particulars are corrected and recorded in accordance with the ruling.

(5)

For the purposes of subsection (1)(b), (2), (3) or (4), in relation to a final register, only decisions made by the Revising Officer after 27 August of the current year, but on or before 5 October of the same year, are to be taken into account. (12 of 2009 s. 35)

(6) In this section, personal particulars (個人詳情) means, in relation to—(a)the Existing Villages provisional register or the Market Towns provisional register, the name and principal residential address of a person; and (5 of 2014 s. 33)(b)the Indigenous Villages and Composite Indigenous Villages provisional register, the name of a person, and also the principal residential address of a person, if it has been furnished to the ERO.

30. ERO to publish notice of final register and to make final register available for inspection by specified persons

(L.N. 162 of 2021)

(1)

For the purposes of section 17(1)(b) of the Election Ordinance, the ERO must publish a notice which complies with subsections (2) and (3)—

(a)

in the Gazette; and

(b)

in at least one Chinese language daily newspaper and one English language daily newspaper in circulation in Hong Kong.

(2)

The notice must be published every year, not later than 20 October. (12 of 2009 s. 36)

(3)

The notice must specify—

(a)

that a copy of the final register is available for inspection by specified persons during ordinary business hours; and

(b)

the place or places at which a copy of the final register may be so inspected. (L.N. 162 of 2021)

(4)

The ERO must make available for inspection by specified persons a copy of the final register— (L.N. 162 of 2021)

(a)

during ordinary business hours; and

(b)

at the place or places specified in the notice.

(5)

The ERO may, if the ERO considers appropriate, make a copy of a specific part or division of the final register (additional copy) available for inspection by specified persons—

(a)

during the period, and at the time, determined by the ERO; and

(b)

at a place in addition to the place or places specified in a notice published under this section. (L.N. 162 of 2021)

(5A)

For the purposes of subsections (4) and (5), the ERO may further make available for inspection an additional copy of the final register or an additional copy of a specific part or division of the final register, in which entries are arranged in a manner that the ERO considers appropriate for inspection. (11 of 2012 s. 60; L.N. 162 of 2021)

(5B)

A person falling within paragraph (e), (f), (g) or (h) of the definition of specified person in subsection (8) may, in that capacity, inspect under this section only—

(a)

for a Rural Committee in respect of a Rural Area—a copy of the specific division of the final register that relates to the Rural Area;

(b)

for a resident of an Existing Village—a copy of the specific division of the final register that relates to the Existing Village;

(c)

for an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village—a copy of the specific division of the final register that relates to the Indigenous Village or the Composite Indigenous Village; or

(d)

for a resident of a Market Town—a copy of the specific division of the final register that relates to the Market Town. (L.N. 162 of 2021)

(5C)

A person falling within paragraph (a), (b), (d) or (e) of the definition of specified person in subsection (8) may only make an inspection under subsection (4), (5) or (5A) through an individual duly authorized by the person. (L.N. 162 of 2021)

(6)

The ERO may require an individual who wishes to make an inspection under subsection (4), (5) or (5A) to—

(a)

produce to the ERO—

(i)

the identity document of the individual; and

(ii)

(b)

complete a form furnished by the ERO. (L.N. 162 of 2021)

(7)

Publication of a notice in the Gazette under subsection (1) is to be treated as the publication of the final register for the purposes of sections 17(1)(b) and 18 of the Election Ordinance.

(8)

In this section—

candidate (候選人) has the same meaning as in section 2(1) of the Election Ordinance; coming election (下一場選舉), in relation to a final register, means any of the following elections that is held within 1 year after the publication date of the register— (a)a rural ordinary election; (b)a rural by-election; previous election (先前選舉), in relation to a final register, means— (a)the last rural ordinary election that was held before the publication date of the register; or (b)any rural by-election that was held after the election mentioned in paragraph (a) and before the publication date of the register; publication date (刊登日期), in relation to a final register, means the date on which a notice relating to the register is published in the Gazette under subsection (1); specified person (指明人士), in relation to the inspection of a final register or a part of it, means— (a)a person who subscribes 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—(i)to which an extract was made available under section 31(1) for a purpose related to a previous election;(ii)and was represented by a validly nominated candidate at a previous election; or(iii)and 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 a validly nominated candidate for a Rural Area at a coming election; (d)the Heung Yee Kuk; (e)a Rural Committee; (f)a resident of an Existing Village; (g)an indigenous inhabitant of an Indigenous Village or a Composite Indigenous Village; or (h)a resident of a Market Town. (L.N. 162 of 2021)

Part 7 — Miscellaneous

31. ERO may make available extracts of registers to specified persons for purposes of election

(L.N. 162 of 2021)

(1)

The ERO may—

(a)

at any time after the publication of a provisional register, make available to a specified person an extract from the register—

(i)

for any purpose related to an election; or

(ii)

for the purpose of enabling the specified person to lodge a notice of claim or a notice of objection in relation to the accuracy of any information contained in the register; and

(b)

at any time after the publication of a final register, make available to a specified person an extract from the register for any purpose related to an election. (L.N. 162 of 2021)

(1A)

Despite subsection (1), the extract may only be made available to a person falling within paragraph (a)(ii) of the definition of specified person in subsection (6) as the ERO considers appropriate. (L.N. 162 of 2021)

(2)

The ERO may, before making an extract available, arrange the entries in a form that the ERO considers appropriate for the purposes of this section.

(3)

When making an extract available, the ERO must specify the particular election for which it may be used.

(4)

A person to whom an extract is made available, must not, in relation to that extract, do any act specified in section 32(3)(a), (c) or (d) for a purpose other than a purpose related to the election specified under subsection (3).

(5)

In an extract made available under this section, the ERO may include (by way of a note or other means the ERO thinks fit) information as to whether any person whose particulars are included in that extract is entitled to vote at an election.

(6)

In this section—

specified person (指明人士) means— (a)in relation to making available an extract from a provisional register—(i)a person who is entitled to make an inspection under section 22(4), (5) or (5A) by virtue of falling within paragraph (b) of the definition of specified person in section 22(7); or(ii)a person who is entitled to make an inspection under section 22(4), (5) or (5A) by virtue of falling within paragraph (e), (f) or (g) of the definition of specified person in section 22(7); or (b)in relation to making available an extract from a final register, a person who is entitled to make an inspection under section 30(4), (5) or (5A) by virtue of falling within paragraph (b) or (c) of the definition of specified person in section 30(8). (L.N. 162 of 2021)

32. Offences and penalties

(1)

A person who in any—

(a)

application made under section 9(1) or 19A(1); (1 of 2019 s. 90)

(b)

response to a requirement for particulars or proof made under section 12;

(c)

reply to an inquiry made under section 17;

(d)

request made under section 20; (L.N. 12 of 2016)

(e)

notice of objection; or

(f)

notice of claim,

makes any statement which the person knows to be false in a material particular or recklessly makes any statement which is incorrect in a material particular or knowingly omits any material particular from such an application, response, reply, 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. 179; 1 of 2019 s. 6)

(2)

A person who directly or indirectly by himself or herself or any other person on his or her behalf conspires with, incites, compels, induces, coerces, intimidates or persuades any other person—

(a)

to make a false statement on an application, response, reply, request or notice referred to in subsection (1); or

(b)

to provide information which the first-mentioned person knows to be incorrect in a material particular on 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. 179; 1 of 2019 s. 6)

(3)

A person who—

(a)

reproduces or permits another person to reproduce in any form any particular contained in an entry in a register or in an extract from a register;

(b)

uses or permits another person to use any information relating to a person obtained for the purpose of compiling a register;

(c)

uses or permits another person to use any information relating to a person contained in an entry in a register or in an extract from a register; or

(d)

imparts to any other person any information referred to in paragraph (a), (b) or (c),

for a purpose other than a purpose related to an election, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

(4)

A person who fails to furnish information in response to a requirement under section 16 within the period the information is required to be furnished, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

(5)

Despite anything to the contrary in subsection (3), a person who contravenes section 31(4) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.

(6)

It is a defence in any prosecution under subsection (4) for the person charged to prove that he or she did not have the required information or could not have reasonably ascertained that information or could not have otherwise reasonably provided that information.

(7)

An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of sections 14, 16 and 23 of the Election Ordinance. (10 of 2008 s. 76)

(8)

An offence under subsection (3) or (5) is to be an offence prescribed for the purposes of section 23 of the Election Ordinance. (10 of 2008 s. 76)

33. ERO to make specified forms available

(1)

The ERO must make available the specified forms referred to in sections 10, 19A, 23 and 25 during ordinary business hours at the ERO’s office. (L.N. 174 of 2017)

(2)

The ERO may make available those forms at any other place the ERO considers appropriate.

(3)

The specified forms referred to in subsection (1) must be made available free of charge.

34. ERO’s responsibility regarding communications

(1)

A communication that the ERO is required by this Regulation to send by post to a person, in compiling an Existing Villages register or a Market Towns register, must be sent by post to the last address furnished by the person as his or her principal residential address. (5 of 2014 s. 34)

(2)

Subject to subsection (4), a communication that the ERO is required by this Regulation to send by post to a person, in compiling an Indigenous Villages and Composite Indigenous Villages register, must be sent by post— (L.N. 12 of 2016)

(a)

to the last address furnished by the person as his or her principal residential address; or

(b)

if the person has not furnished a principal residential address, to that person’s postal address in Hong Kong.

(3)

If, under this Regulation, any communication is sent to a person by the ERO by post, that person is deemed to have received it unless it is returned through the post undelivered to the addressee.

(4)

If a person seeking registration or registered in the Indigenous Villages and Composite Indigenous Villages register does not furnish to the ERO the principal residential address or a postal address in Hong Kong, the ERO is not required to send to that person any communication which the ERO, if not for this subsection, would have been required to send to that person by post. But, the ERO may send that communication to that person by any other means that the person has made available to the ERO, if in the circumstances of the case, the ERO considers it appropriate to do so.

(5)

Without prejudice to section 12(4), if a person seeking registration or registered in the Indigenous Villages and Composite Indigenous Villages register, does not furnish to the ERO—

(a)

the principal residential address;

(b)

a postal address in Hong Kong for the ERO to communicate with that person; or

(c)

a facsimile number or an electronic mail address for the purpose of receiving communications,

the ERO is not required to send to that person any communication that is required to be in writing (but not required to be sent by post) which the ERO, if not for this subsection, would have been required to send to that person.

(6) In this section, communication (通訊) includes a decision, determination, inquiry, notice or notification.

(L.N. 12 of 2016)

35.

(Repealed L.N. 12 of 2016)

Schedule

(Repealed L.N. 12 of 2016)