ELECTORAL PROVISIONS ORDINANCE - minor amendment

ELECTORAL PROVISIONS ORDINANCE - minor amendment

CHAPTER 367

ELECTORAL PROVISIONS

1. The Electoral Provisions (Registration of Electors) Regulations
are amended-

(1) by repealing regulation 6 and substituting-

6. (1) Subject to paragraphs (2) and (3), an
application for inclusion in the provisional register for any
year may be lodged, either in person or by post, with the
registration officer on or after 15 August in that year, and
shall be in the specified form duly completed in either
English or Chinese.

(2) Any application under paragraph (1) lodged with
the registration officer during the period commencing on 1
October in any year and ending on 20 November in that
year shall be deemed to be an application under regulation
13 lodged in that year for inclusion in the final register for
that year.

(3) Any application under paragraph (1) lodged with
the registration officer during the period commencing on
21 November in any year and ending on 14 August in the
year next following ('the relevant year') shall be deemed
to be an application under that paragraph lodged in the
relevant year for inclusion in the provisional register for
the relevant year.
(L.N. 275 of 1986)

(2) in regulation 13-

(a) by repealing paragraphs (1) and (2) and substituting---

(1) Subject to paragraph (2), any person-

(a)who has not applied for inclusion in a pro-
visional register; or

(b)whose name does not appear in a provi-
sional register,

and considers that he is entitled to be registered as an
elector may apply to have his name included in a final
register by lodging, either in person or by post, with
the registration officer on or after 1 October in any
year an application in the specified form duly
completed in either English or Chinese. (L.N. 275 of
1986)

(2) Any application under paragraph (1) lodged
with the registration officer during the period com-
mencing on 21 November in any year and ending on





30 September in the year next following ('the relevant
year') shall be deemed to be an application under
regulation 6 lodged in the relevant year for inclusion
in the provisional register for the relevant year.
(L.N. 275 of 1986)
(b)in paragraph (3) by repealing 'a notice of ' and sub-
stituting 'an';

(3)in regulation 15 by repealing 'Notices of application' and
substituting 'Applications'.

2. The Electoral Provisions (Procedure) Regulations are
amended-
(1) by repealing regulation 3 and substituting---
Notice of ordinary election
3. The returning officer shall-
(a)subject to paragraph (b), on a date between 2 and
15 January 1989 and January of every third year
after 1991 for Urban Council and Regional
Council ordinary elections;
(b)in 1991 on a date between 14 and 28 March for
Urban Council and Regional Council ordinary
elections; and
(c) on a date between 2 and 15 January 1982 and
January of every third year thereafter for a
District Board election,
publish in the Gazette a notice of ordinary election in
accordance with Form 1 in the Schedule containing the
following particulars-
(i)notice of the number of vacancies in each
constituency concerned for persons to be elected
to act as members of the Urban Council, the
Regional Council or the District Boards, as the
case may be;
(ii)that nominations for these vacancies will be
received by him, within a period not less than 14
days and not more than 21 days after the date of
publication in the Gazette of the notice of
ordinary election, during office hours on any
working day at the address specified in such
notice; and
(iii)that, subject to regulation 13, an ordinary
election will be held in that constituency on a
date to be specified in the notice, being a date not
less than 28 days and not more than 42 days after
the last day appointed for the receipt by the
returning officer of nominations.
(L.N. 2 of 1989)





(2)in regulation 28(2)(a) by adding at the beginning 'without the
express permission of the presiding officer,';

(3)in regulation 29 by repealing Iock it up and place his seal upon
it' and substituting Iock up the ballot box and seal it with his
seal or such other device as the registration officer may direct';

(4) by repealing regulation 38(a) and (b) and substituting---
(a)seal with his seal, or such other device as the
registration officer may direct, each ballot box in a
manner which prevents the introduction of additional
ballot papers or other material into the ballot box;
(L.N. 2 of 1989)

(b) make up into separate sealed packets-
(i) the unused ballot papers;
(ii) the spoilt ballot papers;
(iii) the marked copies of the register, (L.N. 2 of
1989)

(5) by repealing regulation 39(b) and substituting---
(b) unused ballot papers; (L.N. 2 of 1989)
(c) spoilt ballot papers. (L.N. 2 of 1989)

(6) by repealing regulation 47(1)(c) and substituting-
(c) which is unmarked; (L.N. 2 of 1989)
(ca) which the returning officer determines is void for
uncertainty; or (L.N. 2 of 1989)

(7) by repealing regulation 48(3) and substituting-
(3) The returning officer shall prepare a statement of
rejected ballot papers, excluding those rejected in part,
under the heads of-
(a) voting for more candidates than entitled;
(b)writing or mark by which the elector can be
identified;
(c) unmarked;
(d) void for uncertainty;
(e) substantially mutilated;
(f)endorsed on the front with the word 'TEND-
ERED. (L.N. 2 of 1989)

(8) by repealing regulation 52 and substituting-
Scaling of baflot papers in packets
52. (1) As soon as practicable after the returning
officer has ascertained the result of the poll in an election,





he shall, in the presence of the candidates, their election
agents or their counting agents who are in the counting
station and wish to be present, make up into separate
sealed packets-

(a) the counted ballot papers;

(b) the unused ballot papers;

(c) the spoilt ballot papers;

(d) the rejected ballot papers; and

(e)the ballot papers endorsed with the word
'TENDERED.

(2) The returning officer shall endorse each packet
referred to in paragraph (1) with a description of its
contents, the date of the election to which they relate and
the name of the constituency for which the election was
held.
(L.N. 2 of 1989)

(9) in Form 1 in the Schedule-
(a) in the English text-
(i) in paragraph 1, by repealing ' 1 April (year)' and
substituting '(date)';
(ii) in paragraph 2, by repealing '31 January (year)'
and substituting '(date)';

(b) in the Chinese text-
(i) in the paragraph numbered ' ', by repealing
and substituting

(ii) in the paragraph numbered' ', by repealing
and substituting .

3. The Electoral Provisions (Election Petitions) Rules are
amended in the Schedule by adding 'Regional Council' after
'Council/'.
Applications for inclusion in provisional register L.N. 275 of 1986 L.N. 275 of 1986 L.N. 275 of 1986 L.N. 2 of 1989 L.N. 2 of 1989 L.N. 2 of 1989 41 of 1985 s. 24

Applications for inclusion in provisional register L.N. 275 of 1986 L.N. 275 of 1986 L.N. 275 of 1986 L.N. 2 of 1989 L.N. 2 of 1989 L.N. 2 of 1989 41 of 1985 s. 24

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