Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation
(Enacting provision omitted—E.R. 2 of 2012)
[6 February 2004]
(Format changes—E.R. 2 of 2012)
(Omitted as spent—E.R. 2 of 2012)
In this Regulation, unless the context otherwise requires—
annual registration cycle (年度登記周期) means the period that begins on 6 February 2004 and ends on 31 December 2004, and thereafter each successive period of 12 months ending on 31 December; applicant (申請人)— (a)in relation to an application made under section 8(1), 24(1) or 28(1), means the prescribed body that makes the application; or (b)in relation to an application made under section 9(1), 25(1) or 29(1), means the prescribed person that makes the application; ballot paper (選票) means a ballot paper used at an election; by-election (補選)— (a)in relation to an LC election, means a by-election as defined in section 3(1) of the Legislative Council Ordinance (Cap. 542); or (b)in relation to a DC election, means a by-election as defined in section 2 of the District Councils Ordinance (Cap. 547); (L.N. 47 of 2007) candidate (候選人) means a candidate nominated for election as a member; (L.N. 47 of 2007) DC District Committees constituency (區議會地區委員會界別) means a District Committees constituency as defined by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 168) DC election (區議會選舉) means an ordinary election or a by-election held for the purpose of electing DC members; (L.N. 47 of 2007; 19 of 2023 s. 168) DC geographical constituency (區議會地方選區) means a District Council geographical constituency as defined by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 168) DC member (區議會議員) means a person within the meaning of paragraph (b) of the definition of member in section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 168) election (選舉) means an LC election or a DC election; (L.N. 47 of 2007) emblem (標誌) means any sign that is capable of being represented graphically and may, in particular, consist of all or any of the following— (a)words; (b)indications; (c)designs; (d)letters; (e)characters; (f)numerals; (g)figurative elements; (h)colours; identity document (身分證明文件) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); LC election (立法會選舉) means a general election or a by-election held for the purpose of electing LC members; (L.N. 47 of 2007) LC Election Committee constituency (立法會選舉委員會界別) means the Election Committee constituency as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); (14 of 2021 s. 248) LC functional constituency (立法會功能界別) means a functional constituency as defined in section 3(1) of the Legislative Council Ordinance (Cap. 542); (L.N. 47 of 2007) LC geographical constituency (立法會地方選區) means a geographical constituency as defined in section 3(1) of the Legislative Council Ordinance (Cap. 542); (L.N. 47 of 2007) LC member (立法會議員) means a Member as defined in section 3(1) of the Legislative Council Ordinance (Cap. 542); (L.N. 47 of 2007) member (議員) means an LC member or a DC member; (L.N. 47 of 2007; 19 of 2023 s. 168) objector (反對者), in relation to an objection made under section 15(1) or 22(1), means the person that makes the objection; prescribed body (訂明團體) means a prescribed political body or a prescribed non-political body; prescribed non-political body (訂明非政治性團體) means a body or organization operating in Hong Kong that is not a prescribed political body; prescribed person (訂明人士) means a person that is registered in a final register of electors for geographical constituencies as compiled and published in accordance with the Legislative Council Ordinance (Cap. 542) and that is not disqualified from being so registered or from voting at an election; prescribed political body (訂明政治性團體) means a body or organization operating in Hong Kong— (a)that is a political party; (b)that purports to be a political party; or (c)the principal function or main object of which is to promote or prepare a candidate for election as a member; (L.N. 47 of 2007) register (登記冊) means the register established and maintained by the Commission under section 20; registered (登記) means entered in the register under section 20; registered trade mark (註冊商標) means a trade mark registered under the Trade Marks Ordinance (Cap. 559); relevant certificate (有關證明書), in relation to a prescribed body, means a certificate or document issued to the body by an authority or regulatory organization that regulates the body under the laws of Hong Kong and showing the name of the body; relevant cut-off date (有關截止日期)— (a)in relation to the annual registration cycle ending on 31 December 2021—means 15 July 2021; or (b)in relation to any subsequent annual registration cycle—means 15 June in that annual registration cycle; (14 of 2021 s. 248) relevant nomination period (有關提名期)— (a)in relation to a candidate in an LC election—(i)in the case of an LC geographical constituency, means the period specified under section 4(2)(b) or 8(7)(a) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap. 541 sub. leg. D) for nominations for the constituency; or(ii)in the case of an LC functional constituency, means the period specified under section 5(2)(b) or 8(7)(a) of that Regulation for nominations for the constituency; or (b)in relation to a candidate for a DC geographical constituency in a DC election, means the period specified under section 8(2)(b) or 10(5)(a) of the Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation (Cap. 541 sub. leg. F) for nominations for the constituency; (L.N. 47 of 2007; 19 of 2023 s. 168) requestor (提請人), in relation to a request made under section 3(2), means the candidate that makes the request; (14 of 2021 s. 248) specified form (指明表格), in relation to any particular provision of this Regulation, means the form specified under section 33 for the purposes of that provision; subject of application (申請標的)— (a)in relation to an application made under section 8(1), means such of the particulars referred to in any of the provisions of section 8(1)(a), (b), (c), (d) and (e) that are sought to be registered; (b)in relation to an application made under section 9(1), means the emblem that is sought to be registered; (c)in relation to an application made under section 24(1), means such of the particulars referred to in any of the provisions of section 8(1)(a), (b), (c), (d) and (e) that are sought to be registered; or (d)in relation to an application made under section 25(1), means the emblem that is sought to be registered; subject of registration (登記標的)— (a)in relation to a prescribed body, means such of the particulars referred to in any of the provisions of section 8(1)(a), (b), (c), (d) and (e) that are registered in relation to the body; or (b)in relation to a prescribed person, means the emblem that is registered in relation to the person; subject of request (請求標的), in relation to a request made under section 3(2), means any of the particulars specified in section 3(2)(a) and (b) that are sought to be printed on a ballot paper. (14 of 2021 s. 248)(L.N. 47 of 2007; 14 of 2021 s. 248; 19 of 2023 s. 168)
For the purposes of section 8(1)(a) and (c), the reference to the Chinese name or the English name of a prescribed body means the Chinese name or the English name, as the case may be, of the body as shown on a relevant certificate of the body.
This Regulation does not apply—
in relation to a general election in so far as the election of LC members for the LC Election Committee constituency is concerned;
in relation to a by-election held for electing LC members for the LC Election Committee constituency; (19 of 2023 s. 169)
in relation to an ordinary election in so far as the election of DC members for the DC District Committees constituencies is concerned; and (19 of 2023 s. 169)
in relation to a by-election held for electing a DC member for a DC District Committees constituency. (19 of 2023 s. 169)
(L.N. 47 of 2007; 14 of 2021 s. 250; 19 of 2023 s. 170)
This section applies—
in relation to an LC election—
to a candidate for an LC geographical constituency or (14 of 2021 s. 250)
to a candidate for an LC functional constituency; or (14 of 2021 s. 250)
in relation to a DC election, to a candidate for a DC geographical constituency. (L.N. 47 of 2007; 19 of 2023 s. 170)
A candidate to whom this section applies may, during the relevant nomination period, request the Commission to print the following particulars on a ballot paper as particulars relating to the candidate—
the particulars described in subsection (3);
a personal photograph of the candidate.
The particulars referred to in subsection (2)(a) are the particulars set out in any one of the following paragraphs, with or without the particulars specified in item 4 of the Schedule—
the particulars specified in item 1 or item 2 or both of the Schedule and relating to not more than 3 prescribed bodies;
the particulars specified in item 3 of the Schedule and relating to the candidate; or
the particulars specified in item 1 or item 2 or both of the Schedule and relating to not more than 2 prescribed bodies, and the particulars specified in item 3 of the Schedule and relating to the candidate. (L.N. 19 of 2004)
A request made under subsection (2)—
must be in the specified form and signed by the requestor;
must contain the name and address of the requestor;
must indicate that the requestor requests that the subject of request be printed on a ballot paper as particulars relating to the requestor;
must set out the particulars of the subject of request and, where the subject of request includes a photograph, must be accompanied by the photograph; and
where the subject of request relates to one or more prescribed bodies, must be accompanied by a consent given, during the relevant nomination period, by the body or each of the bodies, as the case may be, in relation to the request in accordance with section 5(1). (L.N. 19 of 2004)
A requestor may, during the relevant nomination period, by notice in writing given to the Commission, withdraw a request made under subsection (2).
If a candidate to whom this section applies has, during the relevant nomination period, made a request under subsection (2) and the request is not withdrawn under subsection (5) or is not deemed to have been withdrawn under section 5(3), the candidate must not, during that nomination period, make a further request under subsection (2).
(Repealed 14 of 2021 s. 251)
The consent of a prescribed body referred to in section 3(4)(e)— (14 of 2021 s. 252)
must be in the specified form and signed by the body;
must contain the name and address of the body;
must be given to the requestor concerned; and
must indicate that the body consents to the subject of request relating to the body being printed on a ballot paper as particulars relating to the requestor concerned.
A prescribed body may, during the relevant nomination period, by notice in writing given to the Commission, withdraw a consent given in relation to a request made under section 3(2).
If the consent given by a prescribed body in relation to a request made under section 3(2) is withdrawn by the body, the request is deemed to have been withdrawn by the requestor concerned.
The Commission may refuse to accept a request made under section 3(2) if— (14 of 2021 s. 253)
the request does not comply with any of the requirements set out in section 3(4); or (14 of 2021 s. 253)
the requestor concerned fails to comply with any requirements made by the Commission under subsection (2).
The Commission may, by notice in writing given to the requestor concerned, require the requestor to provide, within a reasonable time specified in the notice, such additional information or document as is reasonably necessary to enable the Commission to consider the request concerned.
Where the Commission accepts a request made under section 3(2), it may, in relation to any of the subject of request, decide in its absolute discretion the size and position of the particulars concerned as printed on a ballot paper and whether and how to further include any indication on the ballot paper to show the candidate or candidates to whom the particulars relate.
A prescribed body may apply to the Commission for the registration of the following particulars—
the Chinese name of the body;
an abbreviation of the Chinese name of the body;
the English name of the body;
an abbreviation of the English name of the body;
an emblem of the body.
An application made under subsection (1)—
must be in the specified form and signed by the applicant;
must contain—
the name and address of the applicant; and
the subject of application;
must indicate whether the applicant is a prescribed political body or a prescribed non-political body;
must indicate that the applicant intends to consent to the subject of application being printed on a ballot paper as particulars relating to one or more persons as candidates; and
must be accompanied by a copy of the relevant certificate of the applicant.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
A prescribed body must not make an application under subsection (1) for the registration of any particulars referred to in paragraph (a), (b), (c), (d) or (e) of that subsection if—
an application made by the body under that subsection for the registration of the same kind of particulars remains pending; or
the same kind of particulars is or is to be registered in relation to the body.
A prescribed person may apply to the Commission for the registration of an emblem of the person.
An application made under subsection (1)—
must be in the specified form and signed by the applicant;
must contain—
the name, address and identity document number of the applicant; and
the subject of application; and
must indicate that the applicant is a prescribed person.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
A prescribed person must not make an application under subsection (1) for the registration of an emblem of the person if—
an application made by the person under that subsection for the registration of another emblem of the person remains pending; or
another emblem is or is to be registered in relation to the person.
The Commission may refuse to accept an application made under section 8(1) or 9(1) if—
the application does not comply with any of the requirements set out in section 8(2) or 9(2); or
the applicant concerned fails to comply with any requirements made by the Commission under subsection (2).
The Commission may, by notice in writing given to the applicant concerned, require the applicant to provide, within a reasonable time specified in the notice, such additional information or document as is reasonably necessary to enable the Commission to consider the application concerned.
The Commission must process any application made under section 8(1) or 9(1) in any annual registration cycle—
if the application is made on or before the relevant cut-off date of that annual registration cycle, as soon as practicable after that cut-off date, and in any event within that annual registration cycle; or
if the application is made after the relevant cut-off date of that annual registration cycle, as soon as practicable after the relevant cut-off date of the next following annual registration cycle, and in any event within the next following annual registration cycle.
The Commission may refuse to grant an application made by a prescribed body under section 8(1) for the registration of an abbreviation of the Chinese name or the English name of the body (the relevant abbreviation) if, in the opinion of the Commission—
the relevant abbreviation is identical to the name or abbreviation of the name of another prescribed body;
the relevant abbreviation so closely resembles the name or abbreviation of the name of any other person that the relevant abbreviation is likely to be confused with or mistaken for the name or abbreviation of the name of that other person;
the relevant abbreviation comprises anything that is likely to be confused with or mistaken for any words or expressions used or to be used by the Commission on a ballot paper as part of the voting instructions;
the relevant abbreviation comprises anything that is likely to induce an elector voting at an election to believe that the applicant is connected in any way with—
the Central People’s Government;
the Government;
any public body;
any country; or
any authority or political organization outside Hong Kong;
the relevant abbreviation is obscene, indecent or offensive; or
the relevant abbreviation comprises anything the use of which is likely to amount to the commission of an offence.
The Commission may refuse to grant an application made by a prescribed body under section 8(1) or by a prescribed person under section 9(1) for the registration of an emblem of the body or the person (the relevant emblem) if, in the opinion of the Commission—
the relevant emblem is identical to the emblem of another prescribed body or prescribed person;
the relevant emblem so closely resembles the emblem of any other person that the relevant emblem is likely to be confused with or mistaken for the emblem of that other person;
the relevant emblem comprises anything that is likely to be confused with or mistaken for any design used or to be used by the Commission on a ballot paper as part of the voting instructions;
the relevant emblem comprises anything that is likely to induce an elector voting at an election to believe that the applicant is connected in any way with—
the Central People’s Government;
the Government;
any public body;
any country; or
any authority or political organization outside Hong Kong;
in the case of an application made under section 9(1), the relevant emblem is or contains a photograph of the applicant concerned;
the relevant emblem is obscene, indecent or offensive; or
the relevant emblem comprises anything the use of which is likely to amount to the commission of an offence.
Without prejudice to subsections (1) and (2), the Commission may refuse to grant an application made under section 8(1) or 9(1) if the Commission believes that the applicant concerned is, at any time after the application is made, no longer a prescribed body or a prescribed person, as the case may be.
If the Commission is of the opinion that it may refuse to grant an application made under section 8(1) or 9(1) on any of the grounds set out in section 12, it must give the applicant a notice in writing—
if the application is made on or before the relevant cut-off date of an annual registration cycle—within 21 days after that cut-off date; or (14 of 2021 s. 256)
if the application is made after the relevant cut-off date of an annual registration cycle—within 21 days after the relevant cut-off date of the next following annual registration cycle. (14 of 2021 s. 256)
A notice given under subsection (1) must specify—
that the Commission is of the opinion that it may refuse to grant the application concerned, and the grounds on which the opinion is formed; and
that the applicant may, within 14 days after the notice is given, vary the application or make representations in writing to the Commission on why it should not refuse to grant the application.
If a notice has been given to the applicant under subsection (1) and the applicant varies the application within the period referred to in subsection (2)(b), the application so varied is, for all purposes, to be regarded as being made under section 8(1) or 9(1) on or before the relevant cut-off date of the annual registration cycle in which the application is made, and the application then has effect subject to the variation.
The Commission may, by notice in writing given to the applicant, refuse to grant the application concerned if a notice has been given to the applicant under subsection (1), and—
the applicant does not vary the application or make any representations in writing under subsection (2)(b); or
the Commission, having considered any such varied application or representations, considers that the applicant has not shown good cause why it should not refuse to grant the application.
If the Commission, having considered an application made under section 8(1) or 9(1) (including any representations made for the purposes of the application under section 13), is of the opinion that it may grant the application, it must publish a notice in respect of the application in the Gazette—
specifying—
the name of the applicant; and
the subject of application;
stating that the Commission may grant the application; and
where the application or part of the application is in respect of any particulars referred to in section 8(1)(b), (d) or (e) or 9(1), inviting any person who objects to the granting of the application or that part of the application, as the case may be, to make objection to the Commission in accordance with section 15.
Subject to subsection (2), any person may, within 14 days after the publication of a notice in the Gazette under section 14, object to the granting of an application for the registration of— (L.N. 19 of 2004)
an abbreviation of the Chinese name or the English name of a prescribed body (the relevant abbreviation);
an emblem of a prescribed body or a prescribed person (the relevant emblem).
An objection referred to in subsection (1) may be made only on the grounds that—
the relevant abbreviation—
is identical to the name or abbreviation of the name of the objector; or
so closely resembles the name or abbreviation of the name of the objector that the relevant abbreviation is likely to be confused with or mistaken for the name or abbreviation of the name of the objector; or
the relevant emblem—
is identical to a registered trade mark of which the objector is the owner or a licensee or an emblem in relation to which the objector has an intellectual property right; or
so closely resembles a registered trade mark of which the objector is the owner or a licensee or an emblem in relation to which the objector has an intellectual property right that the relevant emblem is likely to be confused with or mistaken for that trade mark or emblem.
An objection made under subsection (1)—
must be in the specified form and signed by the objector; and
must contain—
the name, address and, where applicable, identity document number of the objector;
a statement of the grounds of the objection; and
a statutory declaration in support of the objection, setting out particulars of evidence in support of the objection and exhibiting such evidence or a copy thereof.
An objector may, by notice in writing given to the Commission, withdraw an objection made under subsection (1).
The Commission may refuse to accept an objection made under section 15(1) if—
the objection does not comply with any of the requirements set out in section 15(3); or
the objector concerned fails to comply with any requirements made by the Commission under subsection (2).
The Commission may, by notice in writing given to the objector concerned, require the objector to provide, within a reasonable time specified in the notice, such additional information or document as is reasonably necessary to enable the Commission to consider the objection concerned.
The Commission must, as soon as practicable after receiving an objection made under section 15(1), send to the applicant concerned a copy of the objection and, where applicable, any additional information or document provided by the objector pursuant to section 16(2).
The Commission must, by notice in writing given to the applicant and the objector, inform them of the date and time at which they will be given an opportunity of being heard.
Unless the applicant and the objector consent to a shorter notice, the date of hearing must be at least 7 days after the date of the notice given under subsection (2).
A hearing under this section must be conducted by the Commission or a member of the Commission.
A hearing under this section must be held in public unless the Commission or the member thereof who conducts the hearing, on its or his own motion or on the application of the applicant or the objector, determines that the hearing or any part of the hearing must not be held in public in which case the hearing or the part thereof, as the case may be, may be held in private.
At a hearing under this section, the applicant and the objector may be heard in person or by any person authorized in writing by the applicant or the objector, as the case may be.
At a hearing under this section, the Commission or the member thereof who conducts the hearing may admit in evidence any document produced by the applicant or the objector.
If the applicant or the objector fails to appear at a hearing, the Commission or the member thereof who conducts the hearing may—
if satisfied that the failure to appear is due to reasonable cause, adjourn the hearing for such period as it or he thinks fit; or
hear the representations of any party that appears at the hearing.
If both the applicant and the objector fail to appear at a hearing, the Commission or the member thereof who conducts the hearing may—
if satisfied that the failure to appear is due to reasonable cause, adjourn the hearing for such period as it or he thinks fit; or
dismiss the objection.
If a hearing under this section is conducted by a member of the Commission, the member must, as soon as practicable after the hearing, report to the Commission a recommendation as to whether the objection concerned should be allowed or rejected and the reasons for the recommendation.
If the Commission publishes a notice in respect of an application in the Gazette under section 14, and—
no objection to the granting of the application is made under section 15(1); or
an objection to the granting of the application is made under section 15(1), but—
the objection is withdrawn under section 15(4);
the Commission refuses to accept the objection under section 16(1); or
the objection is dismissed under section 17(9)(b),
the Commission must, as soon as practicable after the expiry of the period specified in section 15(1) or the occurrence of the event set out in paragraph (b)(i), (ii) or (iii), as the case may be, grant the application.
If the Commission publishes a notice in respect of an application in the Gazette under section 14, an objection to the granting of the application is made under section 15(1), and none of the events set out in subsection (1)(b)(i), (ii) and (iii) occurs, the Commission must, as soon as practicable after a hearing is held in relation to the objection under section 17, decide whether or not to grant the application.
In making a decision under subsection (2), the Commission must have regard to—
the objection;
any additional information or document provided by the objector concerned pursuant to section 16(2);
any document admitted in evidence under section 17(7); and
if the hearing is conducted by the Commission, any representations made by the applicant and the objector concerned at the hearing or, if the hearing is conducted by a member of the Commission, the recommendation and reasons for the recommendation as reported under section 17(10).
The Commission must, as soon as practicable after a decision is made under section 18(1) or (2) on an application made under section 8(1) or 9(1), by notice in writing given to the applicant and, where applicable, the objector concerned, inform the applicant and, where applicable, the objector of the decision and the reasons for the decision. (L.N. 19 of 2004)
The Commission must, as soon as practicable after a decision is made under section 18(1) or (2) to grant an application made under section 8(1) or 9(1), register the subject of application in accordance with section 20, and then publish a notice in respect of the application in the Gazette—
specifying—
the name of the applicant; and
the subject of application; and
stating that the Commission has granted the application and registered the subject of application.
The Commission must establish and maintain a register for the purposes of this Regulation in such form as it considers appropriate.
The Commission must enter in the register—
in relation to an application made by a prescribed body under section 8(1) or 24(1) that the Commission has granted—
the name and address of the body; and
the subject of application;
in relation to an application made by a prescribed person under section 9(1) or 25(1) that the Commission has granted—
the name of the person; and
the subject of application; and
such other particulars as the Commission considers appropriate.
The Chief Electoral Officer must make the register available for inspection, free of charge, by members of the public during ordinary business hours at the Registration and Electoral Office.
The Commission may de-register a subject of registration that is registered in relation to a prescribed body on the grounds that—
no request is made under section 3(2) to print the subject of registration on ballot papers— (L.N. 47 of 2007; 14 of 2021 s. 257)
in 2 consecutive general elections;
in 2 consecutive ordinary elections, one of which is held between such general elections; and
in any by-election (whether in relation to an LC election or a DC election) held between such general elections or ordinary elections; or (L.N. 47 of 2007)
the body ceases to exist.
The Commission may de-register a subject of registration that is registered in relation to a prescribed person on the grounds that—
no request is made under section 3(2) to print the subject of registration on ballot papers— (L.N. 47 of 2007; 14 of 2021 s. 257)
in 2 consecutive general elections;
in 2 consecutive ordinary elections, one of which is held between such general elections; and
in any by-election (whether in relation to an LC election or a DC election) held between such general elections or ordinary elections; or (L.N. 47 of 2007)
the person dies.
Without prejudice to subsections (1) and (2), the Commission may de-register a subject of registration if—
after considering an objection made under section 22(1) in relation to the subject of registration, the Commission decides to allow the objection under section 23(4); or
after considering an application made under section 28(1) or 29(1) in relation to the subject of registration, the Commission decides to grant the application under section 31(a).
If the Commission de-registers any subject of registration under subsection (1)(a) or (2)(a), it must, by notice in writing given to the prescribed body or the prescribed person concerned, inform the body or the person of the de-registration.
The Commission must, as soon as practicable after it de-registers any subject of registration under this section, publish a notice in respect of the de-registration in the Gazette—
specifying—
the name of the prescribed body in relation to which or the prescribed person in relation to whom the subject of registration is registered; and
the subject of registration; and
stating that the Commission has de-registered the subject of registration.
Subject to subsection (2), any person may object to the continued registration of—
an abbreviation of the Chinese name or the English name of a prescribed body (the relevant abbreviation);
an emblem of a prescribed body or a prescribed person (the relevant emblem).
An objection referred to in subsection (1) may be made only on the grounds that—
the relevant abbreviation—
is identical to the name or abbreviation of the name of the objector; or
so closely resembles the name or abbreviation of the name of the objector that the relevant abbreviation is likely to be confused with or mistaken for the name or abbreviation of the name of the objector; or
the relevant emblem—
is identical to a registered trade mark of which the objector is the owner or a licensee or an emblem in relation to which the objector has an intellectual property right; or
so closely resembles a registered trade mark of which the objector is the owner or a licensee or an emblem in relation to which the objector has an intellectual property right that the relevant emblem is likely to be confused with or mistaken for that trade mark or emblem.
An objection made under subsection (1)—
must be in the specified form and signed by the objector; and
must contain—
the name, address and, where applicable, identity document number of the objector;
a statement of the grounds of the objection; and
a statutory declaration in support of the objection, setting out particulars of evidence in support of the objection and exhibiting such evidence or a copy thereof.
An objector may, by notice in writing given to the Commission, withdraw an objection made under subsection (1).
The Commission must process any objection made under section 22(1) in any annual registration cycle—
if the objection is made on or before the relevant cut-off date of that annual registration cycle, as soon as practicable after that cut-off date, and in any event within that annual registration cycle; or
if the objection is made after the relevant cut-off date of that annual registration cycle, as soon as practicable after the relevant cut-off date of the next following annual registration cycle, and in any event within the next following annual registration cycle.
The provisions of sections 16 and 17, subject to any necessary modifications, apply in relation to an objection made under section 22(1) as they apply in relation to an objection made under section 15(1).
If—
an objection made under section 22(1) is withdrawn under section 22(4);
the Commission refuses to accept the objection under section 16(1) (as applied under subsection (2)); or
the objection is dismissed under section 17(9)(b) (as applied under subsection (2)),
the abbreviation or the emblem concerned remains registered as if the objection has not been made.
If none of the events set out in subsection (3)(a), (b) and (c) occurs, the Commission must, as soon as practicable after a hearing is held in relation to the objection under section 17 (as applied under subsection (2)), decide whether or not to allow the objection.
In making a decision under subsection (4), the Commission must have regard to—
the objection;
any additional information or document provided by the objector concerned pursuant to section 16(2) (as applied under subsection (2));
any document admitted in evidence under section 17(7) (as applied under subsection (2)); and
if the hearing is conducted by the Commission, any representations made by the prescribed body or prescribed person and the objector concerned at the hearing or, if the hearing is conducted by a member of the Commission, the recommendation and reasons for the recommendation as reported under section 17(10) (as applied under subsection (2)).
The Commission must, as soon as practicable after the occurrence of the event set out in subsection (3)(a), (b) or (c), by notice in writing given to the prescribed body or prescribed person and, where applicable, the objector concerned, inform the body or person and, where applicable, the objector of the withdrawal, refusal or dismissal, as the case may be.
The Commission must, as soon as practicable after a decision is made under subsection (4), by notice in writing given to the prescribed body or prescribed person and the objector concerned, inform the body or person and the objector of the decision and the reasons for the decision. (L.N. 19 of 2004)
A prescribed body may apply to the Commission for the registration of the particulars referred to in any of the provisions of section 8(1)(a), (b), (c), (d) and (e) to replace the same kind of particulars that is registered in relation to the body.
An application made under subsection (1)—
must be in the specified form and signed by the applicant;
must contain—
the name and address of the applicant; and
the subject of application;
must indicate that the applicant intends to consent to the subject of application being printed on a ballot paper as particulars relating to one or more persons as candidates; and
where the application is in respect of any particulars referred to in section 8(1)(a) or (c), must be accompanied by a copy of the relevant certificate of the applicant.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
A prescribed body must not make an application under subsection (1) for the registration of any particulars referred to in section 8(1)(a), (b), (c), (d) or (e) if an application made by the body under subsection (1) for the registration of the same kind of particulars remains pending.
A prescribed person may apply to the Commission for the registration of an emblem of the person to replace an emblem that is registered in relation to the person.
An application made under subsection (1)—
must be in the specified form and signed by the applicant;
must contain—
the name, address and identity document number of the applicant; and
the subject of application; and
must indicate that the applicant is a prescribed person.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
A prescribed person must not make an application under subsection (1) for the registration of an emblem of the person if an application made by the person under that subsection for the registration of another emblem of the person remains pending.
The Commission may refuse to accept an application made under section 24(1) or 25(1) if—
the application does not comply with any of the requirements set out in section 24(2) or 25(2); or
the applicant concerned fails to comply with any requirements made by the Commission under subsection (2).
The Commission may, by notice in writing given to the applicant concerned, require the applicant to provide, within a reasonable time specified in the notice, such additional information or document as is reasonably necessary to enable the Commission to consider the application concerned.
The provisions of Part 4, subject to any necessary modifications, apply in relation to the processing of an application made under section 24(1) or 25(1) as they apply in relation to the processing of an application made under section 8(1) or 9(1).
A prescribed body may at any time apply to the Commission for—
the withdrawal of the registration of a subject of registration in relation to the body;
the amendment of any particulars in the register other than a subject of registration in relation to the body.
An application made under subsection (1) must be in writing and signed by the applicant.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
A prescribed person may at any time apply to the Commission for—
the withdrawal of the registration of a subject of registration in relation to the person;
the amendment of any particulars in the register other than a subject of registration in relation to the person.
An application made under subsection (1) must be in writing and signed by the applicant.
An applicant may, by notice in writing given to the Commission, withdraw an application made under subsection (1).
The Commission may refuse to accept an application made under section 28(1) or 29(1) if—
the application does not comply with any of the requirements set out in section 28(2) or 29(2); or
the applicant concerned fails to comply with any requirements made by the Commission under subsection (2).
The Commission may, by notice in writing given to the applicant concerned, require the applicant to provide, within a reasonable time specified in the notice, such additional information or document as is reasonably necessary to enable the Commission to consider the application concerned.
The Commission must, unless satisfied that an application made under section 28(1) or 29(1) should not be granted—
grant the application; and
where the application is made under section 28(1)(b) or 29(1)(b), cause the particulars concerned to be amended.
If a document is required to be signed by a body or organization under this Regulation, it must be signed by a person authorized in that behalf by the body or organization.
If a notice in writing is given to the Commission under this Regulation, it must be signed by the person giving the notice. (L.N. 47 of 2007; 14 of 2021 s. 258)
The Commission may specify forms for the purposes of any provision of this Regulation.
The Chief Electoral Officer must make the specified forms available, free of charge, during ordinary business hours at the Registration and Electoral Office, or at any other place as he considers appropriate.
Subject to section 61 of the Legislative Council Ordinance (Cap. 542) and section 49 of the District Councils Ordinance (Cap. 547), any decision of the Commission made under this Regulation is final.
A person must not—
in any document used in connection with any request, application or objection made under this Regulation, or in any evidence given at any hearing under this Regulation, make any statement that the person knows to be false in a material particular;
in any document or evidence referred to in paragraph (a), recklessly make any statement that is incorrect in a material particular; or
knowingly omit any material particular from any document or evidence referred to in paragraph (a).
A person who contravenes subsection (1) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
If an application is made under section 8(1), 9(1), 24(1) or 25(1) at any time during the period between 16 April 2011 and 15 July 2011, the relevant cut-off date of the annual registration cycle ending on 31 December 2011 is, despite the definition of relevant cut-off date in section 2(1), 15 July 2011. (L.N. 78 of 2011 and L.N. 125 of 2011)
If an objection is made under section 22(1) at any time during the period between 16 April 2011 and 15 July 2011, the relevant cut-off date of the annual registration cycle ending on 31 December 2011 is, despite the definition of relevant cut-off date in section 2(1), 15 July 2011. (L.N. 78 of 2011 and L.N. 125 of 2011)
| Item | Particulars |
| 1. | Either or both of the following— (a)the registered Chinese name or the registered abbreviation of the Chinese name (but not both) of a prescribed body;(b)the registered English name or the registered abbreviation of the English name (but not both) of a prescribed body. |
| 2. | The registered emblem of a prescribed body. (L.N. 19 of 2004) |
| 3. | The registered emblem of a prescribed person. (L.N. 19 of 2004) |
| 4. | The words “Independent Candidate 獨立候選人” or the words “Non-affiliated Candidate 無黨派候選人” (but not both). (L.N. 19 of 2004) |