Cap. 541M 《選票上關於候選人的詳情(立法會及區議會)規例》Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation

In this Regulation, unless the context otherwise requires—

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 section applies—

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 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—

A request made under subsection (2)—

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section applies has, during the relevant nomination period, made a request under subsection (2) and the request is not withdrawn under subsection (5) or is not deemed to have been withdrawn under section 5(3), the candidate must not, during that nomination period, make a further request under subsection (2).

The consent of a prescribed body referred to in section 3(4)(e)— (14 of 2021 s. 252)

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If the consent given by a prescribed body in relation to a request made under section 3(2) is withdrawn by the body, the request is deemed to have been withdrawn by the requestor concerned.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 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.

A prescribed body may apply to the Commission for the registration of the following particulars—

An application made under subsection (1)—

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—

A prescribed person may apply to the Commission for the registration of an emblem of the person.

An application made under subsection (1)—

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—

The Commission may refuse to accept an application made under section 8(1) or 9(1) if—

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 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 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—

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—

A notice given under subsection (1) must specify—

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—

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 objection referred to in subsection (1) may be made only on the grounds that—

An objection made under subsection (1)—

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 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 both the applicant and the objector fail to appear at a hearing, the Commission or the member thereof who conducts the hearing may—

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—

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 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—

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—

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—

The Commission may de-register a subject of registration that is registered in relation to a prescribed person on the grounds that—

Without prejudice to subsections (1) and (2), the Commission may de-register a subject of registration if—

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—

Subject to subsection (2), any person may object to the continued registration of—

An objection referred to in subsection (1) may be made only on the grounds that—

An objection made under subsection (1)—

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—

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—

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 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)—

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)—

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 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.

A prescribed body may at any time apply to the Commission for—

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—

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 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.

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.

A person must not—

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)