ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) REGULATIONS

ELECTORAL PROVISIONS (REGISTRATION OF ELECTORS) REGULATIONS

ELECTORAL PROVISIONS (REGISTRATION OF
ELECTORS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation page

PART I

PRELIMINARY

1. Citation ................................ ... ... ... ... ... ... ... A 3
2. Interpretation .......................... ... ... ... ... ... ... ... ... A3

3. Designation of polling stations ......... ... ... ... ... ... ... ... ... A 3

4..........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A 3
5. Form of registers ....................... ... ... ... ... ... ... ... ... A 3

PART II

APPLICATIONS FOR INCLUSION IN AND COMPILATION OF
PROVISIONAL REGISTER

6...........................Applications for inclusion in pro~isional register ... ... ... ... ... ... A 4

7.........................................Powers and procedure on applications for inclusion in provisional register A4

8....................Revising officer's list of decisions ... ... ... ... ... ... ... ... ... A 6

9.........................Omission of names from provisional register ... ... ... ... ... ... ... A 6

10............................Entry of corrected particulars in provisional register ... ... ... ... ... A 7

11....................Compilation of provisional register ... ... ... ... ... ... ... ... ... A 7

12. Publication of notice of provisional register and inspection thereof ... ... ... A 8

PART III

APPLICATIONS FOR INCLUSION IN FINAL REGISTER
AND OBJECTIONS THERETO

13........................Applications for inclusion in final register ... ... .... ... ... ... ... A 8

14...................................Powers and procedure on application for inclusion in final register ... ... A 8

15....................Inspection of notices of application ... ... ... ... ... ... ... ... ... A 9

16.............Notices of objection .......... ... ... ... ... ... ... ... ... ... ... A 10
17.............Procedure on objections .... ... ... ... ... ... ... ... ... ... ... ... A 10

18.........................................Registration officer's list of refusals to register and objection to registration A
11

19....................Revising officer's list of decisions ... ... ... ... ... ... ... ... ... A 11

20...........................Entry ofcorrected particulars in final register ... ... ... ... ... ... A 11

PART IV

GENERAL FUNCTIONS oF REVISING OFFICER

21...............................Determination of matters and powers of adjournment. etc . ... ... ... ... A 12

22. Review of decisions by revising officer ... ... ... ... ... ... ... ... ... A 12





Regulation Page

PART V

FINAL REGISTER

23. Compilation of final register ... ... ... ... ... ... ... ... ... ... ... A 12
24. Publication and distribution of final register ... ... ... ... ... ... ... ... A 12
25. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13

PART VI

GENERAL

26. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... A 13
27. Certain specified forms to be made available ... ... ... ... ... ... ... ... A 13





ELECTORAL PROVISIONS (REGISTRATION OF
ELECTORS) REGULATIONS

(Cap. 367, section 17)

[14 August 1981.]

PART I

PRELIMINARY

1. These regulations may be cited as the Electoral Provisions
(Registration of Electors) Regulations.

2. In these regulations, unless the context otherwise requires-

'polling station' means a place designated under regulation 3 to
be used as a polling station at an election;

'working day' means any day other than a general holiday or a
Saturday.

3. (1) As soon as is practicable before 15 August in every
year the registration officer shall designate by notice published in
the Gazette the places within a constituency to be used as polling
stations at elections.

(2) If he is of the opinion that there are special circumstances
the registration officer may designate any other place to be used as
a polling station in substitution for the place designated under
paragraph (1), and may publish, in such manner as he thinks fit,
notice of such designation.

(2A) If he is of the opinion that no place is available within a
constituency that is suitable and appropriate to be used as a polling
station the registration officer may designate by notice published in
the Gazette a place outside that constituency to be used as a polling
station and the provisions of this regulation shall apply to that
designation and place.

(3) A list of polling stations shall be available for inspection at
the office of the registration officer during office hours on working
days.

4. [Revoked, 65 qf 1984, s. 28]

5. (1) A register shall be divided into the same number of
separate parts as there are Districts and each such part shall be
sub-divided by reference to constituencies and polling stations and
shall contain the particulars of all electors entitled to vote in
respect of each constituency and at each polling station indicated
therein.





(2) A register shall be arranged in accordance with the identity card
numbers of the electors entitled to vote at each polling station.

(3) The entry in relation to each elector in the register shall contain
the following particulars

(a) the identity card number of the elector;

(b)the name of the elector, if his application for inclusion in the
register is made

(i) in English, in English; or (ii)
in Chinese, in Chinese;

(c) the letter M or F denoting the sex of the elector;

(d) the residential address of the elector.

(4) Except for the names in Chinese as prescribed in paragraph
(3)(b), the register shall be prepared only in English.

(5) The provisional register and the final register shall be in such
form, consistent with the requirements of this regulation, as the
registration officer considers to be convenient.

(6) The omission from any entry in a register of any of the
particulars specified in paragraph (3) shall not disqualify or debar the
elector from voting at an election.

PART 11

APPLICATIONS FOR INCLUSION IN AND COMPILATION
OF
PROVISIONAL REGISTER

6. Appications for inclusion in the provisional register for
any year may be lodges, either in person or by post, with the
registration officer during the period commencing on 15 August and
ending on 30 September in that year, and shall be in the specified
form duly completed in either English or Chinese.

7. (1) If the registration on officer receives an application under
regulation 6 for inclusion in the provisional register, he shall, as soon as
may be, either

(a)rule that the applicant is entitled to be registered as an elector;
or

(b) rule that the applicant is not entitled to be registered as an

elector: in-'ion

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Provided that before making a ruling under this paragraph the
registration officer may refer the application back to the applicant for
further particulars or for further proof of his entitlement to registration,
and take no further action on the application unless such particulars or
proof are supplied to his satisfaction before 15 October in the year in
which the application is lodged.





(2) If the registration officer rules that an applicant is entitled to be
registered as an elector he shall, forthwith

(a)determine, on the basis of the residential address declared by
the applicant, the part of the provisional register in which his
particulars shall be entered;

(b)register the applicant as an elector in the provisional register,

and inform the applicant in writing accordingly.

(3) If he rules that an applicant is not entitled to be registered as
an elector, the registration officer shall

(a)on or before 15 October in the year in which the application
was lodged, deliver to the revising officer the name and
address of such applicant; and

(b)obtain forthwith from the revising officer a date, being a date
during the period commencing on 15 October and ending on
25 October in the year in which the application is lodged, and
a time and place for the hearing by the revising officer of
representations (if any) respecting such ruling,

and shall thereupon send to the applicant a notice of refusal of
registration stating

(i)that such registration has been refused and giving the
reasons therefor;

(ii)that the application has been referred to the revising officer
who will sit on a date and at a time and place specified in the
notice (being the date, time and place obtained under sub-
paragraph (b));

(iii)that if the applicant feels aggrieved by such refusal he may
appear either in person or by any other person on his behalf
before the revising officer on the specified date and at the
specified time and place and be heard, or (whether he will
appear or not) make written representations so as to reach the
revising officer, at an address stated in such notice, before the
specified date. and obtain the determination of the revising
officer on such refusal; and

(iv)that if the applicant does not appear either in person or by
any other person on his behalf before the revising officer on
the specified date and At the specified time and place and no
written representations have been received from him by the
revising officer before such date, the revising officer may
assume that his determination on such reftisal is not required
and that, in such case. the registration officer's refusal of
registration shall stand.

(4) If the applicant does not appear either in person or by any other
person on his behalf before the revising officer on the date and





at the time and place specified in the notice of refusal of registration
sent to him under paragraph (3) and no written representations have
been received frorn him by the revising officer before such date, the
revising officer rnay assume that his determination on the ruling of the
registration officer is not required, and accordingly such ruling shall
stand.

8. In every year the revising officer shall, as soon as is convenient
after the conclusibn of the last hearing in respect of applications for
inclusion in the provisional register, refused by the registration officer
under regulation 7 and in any case not later than 30 October, send to the
registration officer a list of

(a)persons whom the revising officer has determined to be
entitled to be registered as electors;

(b)persons whom the revising officer has determined to be not
entitled to be registered as electors; and

(e)persons in respect of whose applications the ruling of the
registration officer shall, under regulation 7(4), stand.

9. (1) The registration officer may make such inquiries as he thinks
fit with a view to ascertaining whether any person whose name appears
in the existing final register

(a) is dead,

(b) has ceased to ordinarily reside in Hong Kong..

(c) has changed his address.,

(d)fails to satisfy the requirements of section 8, 9 or 10 of the
Ordinance; or

(e) is disqualified under section 11 of the Ordinance.

(2) Any such inquiries may be made by notice in writing addressed
to the person referred to in paragraph (1). or to such other source (or to
both such person and such source) as the registration officer thinks fit,
and may be sent by post at any time during the period commencing on 1
April and ending on 30 June in any year.

(3) The registration officer shall omit from the provisional register
to be compiled in the year a notice is sent under paragraph (2) the name
of any person who is the subject of any inquiry under this regulation

(a)if, within one month of the date of such notice, the registration
officer has not received such information as he may have
required in the notice;

(b)if, in reply to such notice, that person has indicated that he
does not wish his name to be included in such register;

(c)if, from the information received from any other source or in
reply to such notice, it appears to the registration officer





that that person is dead or has ceased to ordinarily reside
in Hong Kong, or is disqualified from being, or is not
qualified to be, registered in such register; or

(d)if, notwithstanding any information received in reply to
such notice, the registration officer considers that such
person is dead or has ceased to ordinarily reside in Hong
Kong, or is disqualified from being, or is not qualified to
be, registered in such register.

(4) Where, pursuant to paragraph (3)(d), the registration
officer omits from a provisional register the name of any person, he
shall proceed as provided in regulation 7(3) as if the information
received by him in reply to a notice sent under paragraph (2) were an
application received under regulation 6, and regulations 7(4) and 8
shall apply mutatis mutandis.

10. (1) Any elector who considers that any of the particulars
of the entry relating to him in the existing final register are, for any
reason, incorrect, may notify the registration officer by post stating
the correction requested to any such particular.

(2) If a notice under paragraph (1) is received by the registra-
tion officer on or before 15 October in any year, he may, when com-
piling the provisional register in that year, enter in the appropriate
place therein the particulars of the elector concerned duly corrected
as requested in the notice.

(2A) If as a result of information obtained from inquiries
made under regulation 9 or as a result of information obtained
from any other source the registration officer on or before 15 October
in any year, considers any particular of the entry the subject of such
information to be incorrect, he may, when compiling the provisional
register in that year, enter in the appropriate place therein the
particulars of the elector duly corrected.

(3) Any correction in an entry made under paragraph (2)
or (2A) shall be notified by the registration officer to the elector
concerned by post.

11. A provisional register shall be compiled and contain-

(a)subject to regulations 9 and 10, the particulars of those
persons whose names appear in the existing final register;
and

(b)the particulars of those persons who, during the period
prescribed in regulation 6 for the making of applications
for inclusion in that register, have duly applied for inclu-
sion therein and whom the registration officer has ruled, or
the revising officer has determined, as the case may be, to
be entitled to be registered therein.





12. (1) As soon as practicable after the compilation of the
provisional register the registration officer shall publish in the Ga-7elte
and in at least one English language daily newspaper and one Chinese
language daily newspaper, each circulating in Hong Kong, a notice that
a copy of the provisional register is available for public inspection.

(2) A copy of the provisional register shall be available for public
inspection free of charge at the address specified in the notice
published under paragraph (1) during office hours on any working day
in the period commencing on the date of the publication of such notice
and ending on 20 November in the same year.

PART III

APPLICATIONS FOR INCLUSION IN FINAL REGISTER
AND
OBJECTIONS THERETO

13. (1) Any person whose name does not appear in a provisional register and who
considers that he is entitled to be registered as an elector may apply to have his
name included in the final register by lodging a notice of application in the specified
form with the registration officer.

(2) Notices of application for inclusion in the final register
shall be lodged by hand in person with the registration officer at any
time during office hours on any working day i the period commencing
on the date of publication of the notice under regulation 12(1) and
ending on 20 November in the same year.

(3) The registration officer may call upon any person lodging
a notice of application under paragraph (1) to identify himslf by
such means as the registration officer considers expedient.

14. (1) If the registration officer receives an application under
regulation 13 for inclusion in the final register he shall, as soon as may
be, either

(a)rule that the applicant is entitled to be registered as an elector;
or

(b)rule that the applicant is not entitled to be registered as an
elector.

(2) If the registration officer rules that the applicant is entitled to
be registered as an elector he shall forthwith

(a)determine, on the basis of the residential address declared by
the applicant, the part of the final register in which his
particulars shall be entered;

(b) register the applicant as an elector in the final register,

and inform the applicant by post accordingly.





(3) If the registration officer rules that the applicant is not entitled
to be registered as an elector he shall obtain forthwith from the revising
officer a date, being a date during the period commencing on 30
November and ending on 10 December in the year in which the
application is lodged, and a time and place for the hearing by the
revising officer of representations (if any) respecting such ruling, and
shall thereupon send to the applicant a notice of refusal of registration
stating

(a)that such registration has been refused and giving the
reasons therefor;

(b)that the application has been referred to the revising officer
who will sit on a date and at a time and place specified in the
notice (being the date, time and place obtained under this
paragraph);

(e)that if the applicant feels aggreived by such refusal he may
appear either in person or by any other person on his behalf
before the revising officer on the specified date and at the
specified time and place and be heard, or (whether he will
appear or not) make written representations so as to reach the
revising officer, at an address stated in such notice, before the
specified date, and obtain the determination of the revising
officer on such refusal; and

(d)that if the applicant does not appear either in person or by
any other person on his behalf before the revising officer on
the specified date and at the specified time and place and no
written representations have been received from him by the
revising officer before such date, the revising officer may
assume that his determination on such refusal is not required
and that, in such case, the registration officer's refusal of
registration shall stand.

(4) If the applicant does not appear either in person or by any other
person on his behalf before the revising officer on the date and at the
time and place specified in the notice of refusal of registration sent to
him under paragraph (3) and no written representations have been
received from him by the revising officer before such date, the revising
officer may assume that his determination on the ruling of the
registration officer is not required, and accordingly such ruling shall
stand.

15. Notices of application for inclusion in the final register under
regulation 13 shall be made available for inspection in the registration
officer's office during office hours on any working day until 25
November in the year in which such notices were lodged.





16. (1) Any person who considers that any other person-

(a)who has applied under regulation 13 to have his name
included in the final register; or

(b) whose name appears in a provisional register,

is not entitled to be registered as an elector may object to the inclusion
of such name in the final register by lodging by hand in person with the
registration officer, on or before 25 November of the year in which the
objection is lodged, a notice of objection in the specified form.

(2) The registration officer may call upon any person lodging a
notice of objection under paragraph (1) to identify himself by such
means as the registration officer considers expedient.

17. (1) If the registration officer receives a notice of objection under
regulation 16 to the inclusion of a name in the final register, he shall
forthwith

(a)refer the matter of the objection to the revising officer for
determination; and

(b)obtain from him a date, being a date during the period
commencing on 30 November and ending on 10 December in
the year in which the notice of objection is lodged, and a time
and place for the hearing by the revising officer of the notice
of objection,

and shall thereupon notify in writing both the person objecting and the
other person named in such notice of objection

(i)that the matter of the objection has been referred to the
revising officer for determination on the date and at the time
and place specified in the notification (being the date, time and
place obtained under sub-paragraph (b) ); and

(ii)that the person objecting and such other person may each
appear before the revising officer on such date and at such
time and place either in person or by any other person on his
behalf, and be heard, or (whether he will appear or not) make
written representations so as to reach the revising officer, at
an address stated in such notification, before the specified
date, and obtain the determination of the revising officer on
such objection.

(2) Every such objection shall be considered by the revising officer
who shall give his determination thereon, but where the person
objecting or the other person named in the notice of objection does not
appear either in person or by any other person on his behalf before the
revising officer on the date and at the time and place specified in the
notification sent to him under paragraph (1) and no written
representations have been received from him by the revising officer
before such date, the revising officer may nevertheless consider and
determine the objection in his absence and in the absence of any
representations from him.





18. On or before 30 November in every year the registration officer
shall deliver to the revising officer a list containing the following
particulars

(a)the name and address of each person who has lodged an
application under regulation 13 for inclusion in the final
register and whom, under regulation 14(1)(b), the registration
officer has ruled to be not entitled to be registered; and

(b)the name and address of each person who has lodged a
notice of objection under regulation 16, and the identity card
number, name and address of each person the inclusion of
whose name in the final register has been objected to in that
notice.

19. As soon as is convenient after the conclusion of the last
hearing in respect of applications and objections (if any) made under
this Part in any year and in any case not later than 15 December in that
year, the revising officer shall send to the registration officer a list of

(a)persons whom the revising officer has determined to be
entitled to be registered as electors;

(b)persons whom the revising officer has determined to be not
entitled to be registered as electors;

(c)persons the inclusion of whose names in the final register has
been objected to in accordance with regulation 16 and the
objection has been allowed by the revising officer;

(d)persons the inclusion of whose names in the final register has
been objected to in accordance with regulation 16 and the
objection has been disallowed by the revising officer; and

(e)persons in respect of whose applications the ruling of the
registration officer shall, under regulation 14(4), stand.

20. (1) If a notice under regulation 10(1) is received by the
registration officer after 15 October in any year, he may, subject to
paragraph (3), when compiling the final register in the year next
following enter in the appropriate place therein the particulars of the
elector concerned duly corrected as requested in the notice.

(2) Any correction in an entry made under paragraph (1) shall be
notified by the registration officer to the elector concerned by post.

(3) The registration officer shall not, for the purposes of paragraph
(1), be required to consider any notice under regulation 10(1) if received
by him after 10 December in any year.





PART IV

GENERAL FUNCTIONS OF REVISING OFFICER

21. Every matter which is to be determined by the revising officer
under these regulations shall be determined before the expiration of the
period prescribed in relation to any such matter in regulation 7(3)(b) and
in regulations 14(3) and 17(1)(b), respectively, ,and the hearing of any
such matter shall, so far as is practicable consistently with the interests
of justice in respect of the hearing, be continued from day to day, other
than a general holiday, until its conclusion; but, subject to the foregoing,
the hearing and determination of any such matter may be adjourned from
time to time.

22. At any time before the expiration of the period prescribed in
relation to any matter referred to in regulation 21, the revising officer
may, on his own initiative or, for good cause shown, on the application
of the registration officer or any other person concerned in any such
matter previously determined by the revising officer under, these
regulations within the same such period, review his decision in such
matter, and for this purpose may re-open and re-hear the matter wholly
or in part, and take fresh evidence, and reverse or confirm his previous
decision.

PART V'

FINAL REGISTER

23. As soon as is convenient after the receipt from the revising
officer of the list referred to in regulation 19 the registration officer shall
compile the final register which shall consist of the provisional register

(a)with the addition thereto of the particulars of all persons
whom, under Part Ill, he has ruled or the revising officer has
determined to be entitled to be registered as electors;

(b)with the omission therefrom of the particulars of all persons in
respect of which objections under regulation 16 have been
allowed by the revising officer; and

(c) with any corrections made under regulation 20.

24. (1) Publication of the final register shall be made by notice in
the Gazette and in at least one English language newspaper and in at
least one Chinese language newspaper, each circulating in Hong Kong,
to the effect that a copy of the final register or specified part thereof is
available for public inspection during office hours on working days at
the addresses specified in such notice.

(2) As soon as the' final register has been published the
registration officer shall transmit a copy thereof to the Chief Secretary.





25. [Revoked, 65 of 1984, s. 281

PART VI

GENERAL

26. Any person who-

(a) in any form lodged under regulation 6, 13 or 16; or

(b) in reply to a notice sent to him under regulation 9(2),

makes any statement which he knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular or knowingly omits any material particular
commits an offence and is liable to a fine of $5,000 and to imprison-
ment for 6 months.

27. The registration officer shall cause to be made available
free of charge at his office during office hours on working days and at
all post offices and at such other places throughout Hong Kong as
he deems necessary the specified forms referred to in regulations 6,
13 and 16.
L.N. 262/81. 65 of 1984. Citation. Interpretation. Designation of polling stations. 65 of 1984. S. 28. 65 of 1984. S.28. Form of registers. Applications for inclusion in provisional register. 65 of 1984.s.28. Powers and procedure on applications for inclusion in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Omission of names from provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Entry of corrected particulars in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Compilation of provisional register. Publication of notice of provisional register and inspection thereof. 65 of 1984,s.28. Applications for inclusion in final register. 65 of 1984,s.28. Powers and procedure on application for inclusion in final register. 65 of 1984,s.28. Inspection of notices of application. Notices of objection. 65 of 1984,s.28. Procedure on objections. 65 of 1984,s.28. Registration officer's list of refusals to register and objection to registration. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Entry of corrected particulars in final register. 65 of 1984,s.28. Determination of matters and powers of adjournment, etc. Review of decisions by revising officer. Compilation of final register. Publication and distribution of final register. Offences and penalties. Certain specified forms to be made available.

L.N. 262/81. 65 of 1984. Citation. Interpretation. Designation of polling stations. 65 of 1984. S. 28. 65 of 1984. S.28. Form of registers. Applications for inclusion in provisional register. 65 of 1984.s.28. Powers and procedure on applications for inclusion in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Omission of names from provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Entry of corrected particulars in provisional register. 65 of 1984,s.28. 65 of 1984,s.28. Compilation of provisional register. Publication of notice of provisional register and inspection thereof. 65 of 1984,s.28. Applications for inclusion in final register. 65 of 1984,s.28. Powers and procedure on application for inclusion in final register. 65 of 1984,s.28. Inspection of notices of application. Notices of objection. 65 of 1984,s.28. Procedure on objections. 65 of 1984,s.28. Registration officer's list of refusals to register and objection to registration. 65 of 1984,s.28. Revising officer's list of decisions. 65 of 1984,s.28. Entry of corrected particulars in final register. 65 of 1984,s.28. Determination of matters and powers of adjournment, etc. Review of decisions by revising officer. Compilation of final register. Publication and distribution of final register. Offences and penalties. Certain specified forms to be made available.

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