Registration of Electors (Appeals) Regulation
(Cap. 542, section 82 and Cap. 547, section 81)
(Enacting provision omitted—E.R. 3 of 2014)
[21 November 1997]
(Format changes—E.R. 3 of 2014)
In this Regulation, unless the context otherwise requires—
appeal (上訴) means an appeal made under the FC Registration Regulation against the decision of the Electoral Registration Officer not to register as an authorized representative a person appointed by a corporate elector as a replacement or a substitute under section 20 of the FC Registration Regulation; (L.N. 199 of 2001) appellant (上訴人) means— (a)a corporate elector who has made an appeal under the FC Registration Regulation by means of a notice of appeal; or (b)a person who has made a claim or an objection under the FC Registration Regulation or the GC Registration Regulation by means of a notice of claim or a notice of objection; (L.N. 199 of 2001) claim (申索) means a claim made under the FC Registration Regulation or the GC Registration Regulation as regards an entry, or registration, in a functional constituencies register or a geographical constituencies register; (L.N. 199 of 2001) corporate elector (團體選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); FC Registration Regulation (《功能界別登記規例》) means the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B); (L.N. 199 of 2001) functional constituencies register (功能界別選民登記冊) means— (L.N. 26 of 2003) (a)a provisional register of functional constituencies required to be compiled under section 32(1)(a)(ii) of the Legislative Council Ordinance (Cap. 542); or (b)a final register of functional constituencies required to be compiled under section 32(1)(b)(ii) of the Legislative Council Ordinance (Cap. 542); (L.N. 199 of 2001; L.N. 26 of 2003; 14 of 2021 s. 351) gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); (1 of 2019 s. 11) GC Registration Regulation (《地方選區登記規例》) means the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A); (L.N. 199 of 2001; 19 of 2023 s. 174) geographical constituencies register (地方選區選民登記冊) means— (L.N. 26 of 2003) (a)a provisional register of geographical constituencies required to be compiled under section 32(1)(a)(i) of the Legislative Council Ordinance (Cap. 542); or (b)a final register of geographical constituencies required to be compiled under section 32(1)(b)(i) of the Legislative Council Ordinance (Cap. 542); (L.N. 199 of 2001; L.N. 26 of 2003; 14 of 2021 s. 351) 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 of a Revising Officer; (1 of 2019 s. 11) notice of appeal (上訴通知書) means a notice lodged by a corporate elector under the FC Registration Regulation for the purpose of making an appeal; (L.N. 199 of 2001) notice of claim (申索通知書) means a notice lodged by a person under the FC Registration Regulation or the GC Registration Regulation for the purpose of making a claim; (L.N. 199 of 2001) notice of objection (反對通知書) means a notice lodged by a person under the FC Registration Regulation or the GC Registration Regulation for the purpose of making an objection; (L.N. 199 of 2001) objection (反對) means an objection made under the FC Registration Regulation or the GC Registration Regulation as regards an entry, or registration, in a functional constituencies register or a geographical constituencies register; (L.N. 199 of 2001; 1 of 2019 s. 11) provisional register (臨時選民登記冊) means— (a)a provisional register of geographical constituencies compiled under section 32(1)(a)(i) of the Legislative Council Ordinance (Cap. 542); or (b)a provisional register of functional constituencies compiled under section 32(1)(a)(ii) of that Ordinance; (1 of 2019 s. 11; 14 of 2021 s. 351) rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); (1 of 2019 s. 11) working day (工作日) means a day that is not— (a)a general holiday; or (b)a Saturday. (1 of 2019 s. 11)(Repealed 1 of 2019 s. 12)
If—
a date is prescribed in this Regulation (whether by reference to a specific day of a specific month or to a day otherwise ascertainable under this Regulation) or is fixed under this Regulation;
an act is required or permitted by a provision of this Regulation to be done not later than, or on or before, the date or on the date; and
the date falls on an inclement weather warning day,
the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed or fixed in relation to the act instead for the provision.
If—
a period is prescribed in or fixed under this Regulation;
an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and
the last day of the period falls on an inclement weather warning day,
the period is extended, in relation to the act, to end on the next working day, which is not an inclement weather warning day, following the day mentioned in paragraph (c), and the provision has effect accordingly.
If—
the same date is prescribed in the provision or provisions specified opposite to the former provisions in column 2 of Table 1; and
the date falls on an inclement weather warning day in a year,
the next working day, which is not an inclement weather warning day, following the date is taken to be prescribed in relation to that year instead for the provision or provisions and the former provisions.
Table 1
| Column 1 | Column 2 | |
| section 13(1A)(b) of Cap. 541A and section 29(1A)(b)(i) of Cap. 541B (14 of 2021 s. 352) | sections 2(3)(b) and 6(2)(a) and (2AA)(b) | |
| section 16(3)(b) of Cap. 541A and section 32(2)(c) of Cap. 541B | section 2(3)(b)(i) and (ii) |
In this Table—
Cap. 541A stands for the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A); (19 of 2023 s. 175)
Cap. 541B stands for the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B). (14 of 2021 s. 352)
(Repealed 14 of 2021 s. 352)
If in any year a day specified in column 1 of Table 3 falls on an inclement weather warning day, the provision or provisions specified opposite to the day in column 2 of Table 3 have effect in relation to that year as if the reference to that day in that provision or those provisions is substituted by a reference to the next working day, which is not an inclement weather warning day, following that day.
Table 3
| Column 1 | Column 2 | |
| the eighth day before the polling date | section 2(4)(a) and (b) | |
| 8 September | section 2(4)(b)(i) and (ii) | |
| 11 September | section 6(2)(a) and (2AA)(b) | |
| 23 October | section 6(2AA)(a) (14 of 2021 s. 352) |
Subsections (2) and (3) are subject to sections 2(4A) and 6(2A).
This section does not apply to a claim or an objection if the Revising Officer directs under section 2A(2) that the claim or objection be determined without a hearing on the basis of written submissions only. (1 of 2019 s. 13)
This section also does not apply to a claim or an objection made in relation to a geographical constituencies register or functional constituencies register compiled for 2021. (14 of 2021 s. 353)
Where the Revising Officer receives a copy of a notice of appeal or a notice of claim or a notice of objection from the Electoral Registration Officer, he shall, as soon as practicable—
subject to subsection (3), fix a date, time and place for holding a hearing as regards the appeal or the claim or the objection to which the notice relates; and
send by post, a notice under subsection (2)— (L.N. 26 of 2003; 1 of 2019 s. 13)
to the appellant concerned to the address furnished as his address in the notice of appeal or the notice of claim or the notice of objection, as the case may be; and
in the case of a notice of objection, in addition to the appellant, to the person in respect of whom the objection is made.
A notice for the purposes of subsection (1)(b) shall—
state that a hearing is to be held as regards the notice of appeal or the notice of claim or the notice of objection, as the case may be;
specify the date, time and place fixed under subsection (1)(a) for such hearing;
state that the appellant or the person in respect of whom the objection is made, as the case may be—
may appear in person at the hearing and make representations to the Revising Officer regarding the appeal or claim or objection concerned;
may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person in respect of whom the objection is made, as may be appropriate) who may make representations on his behalf; or
whether or not he appears or is represented, may make representations in writing regarding the appeal or claim or objection concerned and submit them, by post or by hand, at an address (which shall be specified in the notice) to reach the Revising Officer on a date not later than 1 day before the date fixed for the hearing; (1 of 2019 s. 13)
in the case of a notice sent to an appellant, state that if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant—
does not appear at the hearing;
is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and
does not make representations in writing regarding the appeal or claim or objection concerned to be received by the Revising Officer on a date not later than 1 day before the date of the hearing,
the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection relates, shall stand; and (1 of 2019 s. 13)
also in the case of a notice sent to an appellant, state that if the appellant—
does not appear at the hearing; and
is not represented at the hearing by a legal practitioner or any other person (authorized in writing by the appellant),
the Revising Officer may make a ruling dismissing the appeal, claim or objection, whether or not the appellant has made representations in writing regarding the appeal, claim or objection. (1 of 2019 s. 13)
If a copy of a notice of claim or a notice of objection is received by the Revising Officer, the date fixed under subsection (1)(a) as regards the claim or objection to which the notice relates must be—
on or after the third day after the day on which the copy of the notice is received; and
a date within the period beginning on 1 August and ending on 11 September in—
if the date of receipt falls on or before 29 August in a year—that year; or
if the date of receipt falls after 29 August in a year—the next year. (14 of 2021 s. 353)
If a copy of a notice of appeal is received by the Revising Officer, the date fixed under subsection (1)(a) as regards the appeal to which the notice relates must be—
if the copy of the notice is received on or before the eighth day before the polling date for the functional constituency concerned—a date within a period of 21 days beginning from 25 days before the polling date; or
if the copy of the notice is received after the eighth day before the polling date for the functional constituency concerned—
if the date of receipt falls on or before 8 September in a year—a date within a period of 28 days ending on 11 September in that year; or
if the date of receipt falls after 8 September in a year—a date within a period of 27 days ending on 11 September in the next year. (14 of 2021 s. 353)
Despite subsections (3) and (4) and section 5, if—
the date fixed under subsection (1)(a) for a hearing—
is the last day of the period specified in subsection (3)(b)(i) or (ii) or (4)(a) or (b)(i) or (ii); or (14 of 2021 s. 353)
is postponed under section 1A to or beyond the last day of the period mentioned in subparagraph (i); and
the deadline for the making of representations in writing to the Revising Officer under this section is postponed under section 1A to that hearing day,
the Revising Officer may, in his or her discretion, postpone the hearing to the next working day, which is not an inclement weather warning day, following that postponed deadline. (12 of 2014 s. 19)
As regards any notice of appeal or notice of claim or notice of objection—
in the case where the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and the appellant—
does not appear at the hearing thereof;
is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at that hearing; and
does not make representations in writing regarding the appeal or claim or objection concerned, as the case may be, to be received by the Revising Officer on a date not later than 1 day before the date of that hearing,
the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection, as the case may be, relates, shall stand; or
in any other case, the Revising Officer shall make a ruling either allowing or dismissing the appeal or the claim or the objection, as the case may be, to which that notice relates.
Without limiting subsection (5), if the appellant—
does not appear at the hearing; and
is not represented at the hearing by a legal practitioner or any other person (authorized in writing by the appellant),
the Revising Officer may make a ruling dismissing the appeal, claim or objection, whether or not the appellant has made representations in writing regarding the appeal, claim or objection. (1 of 2019 s. 13)
(Repealed 1 of 2019 s. 13)
This section applies if—
the Revising Officer receives a copy of a notice of claim or a notice of objection from the Electoral Registration Officer; and
the Electoral Registration Officer requests under a specified provision that the claim or objection be determined without a hearing on the basis of written submissions only.
This section also applies to a claim or an objection made in relation to a geographical constituencies register or functional constituencies register compiled for 2021. (14 of 2021 s. 354)
The Revising Officer must direct that the claim or objection be determined without a hearing on the basis of written submissions only.
The Revising Officer must send by post a notice specified in subsection (4) to the party to whom the claim or objection relates—
if the claim or objection relates to a geographical constituencies register or functional constituencies register compiled for 2021—not later than 11 October 2021; or
if the claim or objection relates to a geographical constituencies register or functional constituencies register compiled for any year subsequent to 2021—not later than 29 August in that year. (14 of 2021 s. 354)
The notice must state that—
the claim or objection is to be determined by the Revising Officer without a hearing on the basis of written submissions only;
the party may make written representations regarding the claim or objection and submit them by post or by hand at the address, and by the date, specified in the notice; and
after the claim or objection is determined, the party will be notified of the ruling of the Revising Officer by the date specified in section 3.
The Revising Officer must make a ruling either allowing or dismissing the claim or objection.
In this section—
party (一方) means— (a)in relation to a claim—the person who made the claim; or (b)in relation to an objection—(i)the person who made the objection; or(ii)the person in respect of whom the objection is made; specified provision (指明條文) means— (a)section 16(4) or (5) of the GC Registration Regulation; or (b)section 32(4) or (5) of the FC Registration Regulation.An appellant must provide sufficient information about the appeal, claim or objection concerned to inform the following persons of the grounds of the appeal, claim or objection—
the Revising Officer;
the Electoral Registration Officer;
in relation to an objection—the person in respect of whom the objection is made.
The information may be provided—
in the notice of appeal, notice of claim or notice of objection (as appropriate);
if a hearing is held for the appeal, claim or objection—in the representations referred to in section 2(2)(c); or
if the claim or objection is determined without a hearing on the basis of written submissions only—in the written representations referred to in section 2A(4)(b).
If a decision of the Electoral Registration Officer stands under section 2(5)(a), the Revising Officer must notify the party concerned of that fact.
If the Revising Officer makes a ruling under section 2(5)(b) or (5A) or section 2A(5), the Revising Officer must notify the party concerned of the ruling.
A notification under subsection (1) or (2) must be sent to the party by post.
A notification in relation to a ruling made under section 2A(5) must be sent—
if the claim or objection concerned relates to a geographical constituencies register or functional constituencies register compiled for 2021—not later than 20 October 2021; or
if the claim or objection concerned relates to a geographical constituencies register or functional constituencies register compiled for any year subsequent to 2021—not later than 7 September in that year. (14 of 2021 s. 355)
In this section—
party (一方) means— (a)in relation to an appeal—the corporate elector who made the appeal; (b)in relation to a claim—the person who made the claim; or (c)in relation to an objection—(i)the person who made the objection; or(ii)the person in respect of whom the objection is made.If a hearing is held under section 2 for an appeal, a claim or an objection, the Revising Officer must, in accordance with subsection (3), give the Electoral Registration Officer written notice—
that the decision of the Electoral Registration Officer in respect of the appeal, claim or objection is to stand under section 2(5)(a); or
of the ruling of the Revising Officer made under section 2(5)(b) or (5A) in respect of the appeal, claim or objection.
If a hearing is held for—
a review under section 6(1)(a) of a ruling in respect of an appeal, a claim or an objection; or
a review under section 6(1)(b) of a ruling in respect of a claim or an objection,
the Revising Officer must, in accordance with subsection (3), give the Electoral Registration Officer written notice of the result of the review.
The Revising Officer must give the notice to the Electoral Registration Officer—
after a hearing in connection with a claim or an objection is concluded—not later than 17 September in the year in which the hearing is concluded; or
after a hearing in connection with an appeal is concluded—
during the period specified in section 2(4)(a)—on a date at least 3 working days before the polling date mentioned in that section; or
during the period specified in section 2(4)(b)(i) or (ii)—not later than 17 September in the year in which the hearing is concluded. (14 of 2021 s. 356)
If a ruling is made under section 2A(5), the Revising Officer must notify the Electoral Registration Officer of the ruling—
if the ruling relates to a geographical constituencies register or functional constituencies register compiled for 2021—not later than 20 October 2021; or (14 of 2021 s. 357)
if the ruling relates to a geographical constituencies register or functional constituencies register compiled for any year subsequent to 2021—not later than 7 September in that year. (14 of 2021 s. 357)
The Revising Officer shall determine every matter to be determined by him under this Regulation as soon as practicable, and the hearing of any such matter shall, as far as is practicable having regard to the interests of justice, be continued from day to day (excluding general holidays) until its conclusion, but subject to the foregoing, the hearing and determination of any such matter may be adjourned at any time to a date not later than the last day of the period referred to in section 6(2)(a) or (b), as the case may be.
The Revising Officer may, subject to subsection (2), and on his own initiative or for good cause shown by the Electoral Registration Officer or the appellant or the person in respect of whom the objection is made— (1 of 2019 s. 17)
review a ruling made under section 2(5)(b) or (5A), and for that purpose, rehear the matter wholly or in part and reverse or confirm the ruling; or
review a ruling made under section 2A(5), and for that purpose, hold a hearing and reverse or confirm the ruling. (1 of 2019 s. 17)
Despite subsection (1)(b), if the ruling being reviewed relates to a geographical constituencies register or functional constituencies register compiled for 2021, the Revising Officer must determine whether to reverse or confirm the ruling without a hearing on the basis of written submissions only. (14 of 2021 s. 359)
A ruling under section 2(5)(b) or (5A) made—
during the period beginning on 1 August and ending on 11 September in a year may only be reviewed during that period; or
during the period specified in section 2(4)(a) or (b)(i) or (ii) may only be reviewed during that period. (14 of 2021 s. 359)
A ruling under section 2A(5) may only be reviewed during the following period—
if the ruling relates to a geographical constituencies register or functional constituencies register compiled for 2021—the period beginning on 26 September 2021 and ending on 23 October 2021; or
if the ruling relates to a geographical constituencies register or functional constituencies register compiled for any year subsequent to 2021—the period beginning on 1 August and ending on 11 September in that year. (14 of 2021 s. 359)
Despite subsection (2), if the conditions under section 2(4A)(a)(i) or (ii) and (b) are met, the period for a review of the ruling in respect of the appeal, claim or objection in question is extended to the next working day, which is not an inclement weather warning day, following the postponed deadline for the making of representations in writing to the Revising Officer specified in section 2(4A) in relation to that appeal, claim or objection. (12 of 2014 s. 21)
A ruling made or reviewed after 11 September in a year because of an extension under subsection (2A) is deemed, for the following provisions, to be made on 11 September in that year— (14 of 2021 s. 359)
section 19(5)(b) of the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A); and (19 of 2023 s. 176)
sections 35(5)(b) and 36(5)(b) of the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B). (12 of 2014 s. 21; 14 of 2021 s. 359)
(Repealed 14 of 2021 s. 359)
In the case where the Revising Officer decides to review any ruling made under section 2(5)(b) or (5A) or section 2A(5), he shall determine the procedure for such review. (1 of 2019 s. 17)
(Repealed 1 of 2019 s. 17)
In the case where the Electoral Registration Officer has sought the Revising Officer’s approval as referred to in section 34 of the FC Registration Regulation in relation to a functional constituencies register, or the Revising Officer’s approval as referred to in section 18 of the GC Registration Regulation, the Revising Officer shall, as soon as practicable, make a determination and notify the Electoral Registration Officer of his determination.
The Revising Officer may require the Electoral Registration Officer to provide any information which the Revising Officer considers necessary for him to make a determination under this Regulation.