Cap. 541 sub. leg. N

Electoral Affairs Commission (Financial Assistance for Legislative Council Elections and District Council Elections) (Application and Payment Procedure) Regulation(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [15 July 2004](Format changes—E.R. 2 of 2012) Editorial Note: The title of this Regulation was amended from “Electoral Affairs Commission (Financial Assistance for Legislative Council Elections) (Application and Payment Procedure) Regulation” to “Electoral Affairs Commission (Financial Assistance for Legislative Council Elections and District Council Elections) (Application and Payment Procedure) Regulation” — see L.N. 80 of 2007. 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—auditor (核數師) means a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588); (23 of 2004 s. 56; L.N. 66 of 2022) claim (申索) means, in relation to— (a) (Repealed 14 of 2021 s. 260) (b) an LC candidate, a claim made by that candidate for financial assistance payable under Part 6A of the Legislative Council Ordinance (Cap. 542); or (c) a DC candidate, a claim made by that candidate for financial assistance payable under Part VA of the District Councils Ordinance (Cap. 547); (L.N. 80 of 2007) claim form (申索表格) means the specified form for making a claim;DC candidate (區議會選舉候選人) means a candidate nominated for election for a constituency as defined by section 2 of the District Councils Ordinance (Cap. 547); (L.N. 80 of 2007; 19 of 2023 s. 171) declared election expenses (申報選舉開支) means, in relation to— (a) (Repealed 14 of 2021 s. 260) (b) an LC candidate, the amount set out as election expenses incurred by the candidate, in the election return lodged for the relevant election; or (L.N. 80 of 2007) (c) a DC candidate, the amount set out as election expenses incurred by the candidate, in the election return lodged for the relevant election; (L.N. 80 of 2007) election expenses (選舉開支) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); (L.N. 80 of 2007)election return (選舉申報書) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);eligible DC candidate (合資格的區議會選舉候選人) means a DC candidate who is eligible for financial assistance under section 60C of the District Councils Ordinance (Cap. 547); (L.N. 80 of 2007)eligible LC candidate (合資格的立法會選舉候選人) means an LC candidate who is eligible for financial assistance under section 60C(a) or (b) of the Legislative Council Ordinance (Cap. 542); (L.N. 80 of 2007; 14 of 2021 s. 260)Hong Kong Standards on Assurance Engagements (《香港核證準則》) means the standards of auditing and assurance practices of that name issued by the Council of the Hong Kong Institute of Certified Public Accountants, as amended from time to time; (L.N. 80 of 2007)LC candidate (立法會選舉候選人) means a candidate nominated for election for a constituency as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542); (L.N. 80 of 2007; L.N. 79 of 2011; 14 of 2021 s. 260)specified form (指明表格), in relation to any purpose under this Regulation, means the form specified for that purpose under section 14. (L.N. 80 of 2007)(L.N. 80 of 2007; 14 of 2021 s. 260)(2) (Repealed 14 of 2021 s. 260)(3) (Repealed L.N. 80 of 2007)(E.R. 2 of 2012) 3. Requirements to be complied with when making claims (1) A claim must be made on the specified form.(2) The claim form must be signed by the candidate who makes the claim. (14 of 2021 s. 261)(3) (Repealed 14 of 2021 s. 261)(3A) (Repealed 14 of 2021 s. 261)(4) The claim form must be accompanied by—(a) if the claim is made by an LC candidate, an election return and an auditor’s report; or (14 of 2021 s. 261)(b) if the claim is made by a DC candidate, an election return. (L.N. 80 of 2007)(5) The auditor’s report referred to in subsection (4)(a) must— (L.N. 80 of 2007)(a) state that the auditor has audited the account of the declared election expenses by conducting a reasonable assurance engagement in accordance with the Hong Kong Standards on Assurance Engagements; and (L.N. 80 of 2007)(b) state the auditor’s opinion as to whether the election return complies with section 37(1)(a) and (2)(b)(i) and (v) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in all material respects.(6) The amount of the claim must not exceed the amount payable as financial assistance as specified—(a) in the case of an LC candidate, in section 60E of the Legislative Council Ordinance (Cap. 542); or (14 of 2021 s. 261)(b) (Repealed 14 of 2021 s. 261)(c) in the case of a DC candidate, in section 60D of the District Councils Ordinance (Cap. 547). (L.N. 80 of 2007)(L.N. 80 of 2007) 4. Presentation of claims (1) The claim form must be presented in person by— (14 of 2021 s. 262)(a) the candidate who makes the claim and has signed the claim form; or(b) the candidate’s agent. (14 of 2021 s. 262)(2) The claim form (together with the documents referred to in section 3(4)) must be presented at the office of the Chief Electoral Officer during ordinary business hours.(3) The claim form must be presented within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) for lodging an election return. (L.N. 31 of 2004) 5. Verification of claims (eligibility, further information, etc.) (1) On receiving a claim, the Chief Electoral Officer must verify— (L.N. 80 of 2007)(a) if the claim is made by an LC candidate, whether the candidate is eligible for financial assistance under section 60C of the Legislative Council Ordinance (Cap. 542); or (14 of 2021 s. 263)(b) (Repealed 14 of 2021 s. 263)(c) if the claim is made by a DC candidate, whether the candidate is eligible for financial assistance under section 60C of the District Councils Ordinance (Cap. 547). (L.N. 80 of 2007)(2) The Chief Electoral Officer must also verify whether the claim conforms to the requirements set out in section 3.(3) The Chief Electoral Officer may require the candidate who makes the claim to provide further information as the Officer may reasonably require to verify the claim. (L.N. 80 of 2007; 14 of 2021 s. 263)(3A) The Chief Electoral Officer may also, in relation to a claim made by a DC candidate, appoint an auditor to assist in verifying the claim (including the auditing of the accounts in the election return accompanying the claim). (L.N. 80 of 2007)(3B) An auditor appointed under subsection (3A) must, after he has assisted in verifying the claim, provide an auditor’s report to the Chief Electoral Officer. (L.N. 80 of 2007)(3C) The auditor’s report provided under subsection (3B) must—(a) state that the auditor has audited the account of the declared election expenses by conducting a reasonable assurance engagement in accordance with the Hong Kong Standards on Assurance Engagements; and(b) state the auditor’s opinion as to whether the election return complies with section 37(1)(a) and (2)(b)(i) and (v) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in all material respects. (L.N. 80 of 2007)(4) A requirement for further information made under subsection (3) must be— (L.N. 80 of 2007; 14 of 2021 s. 263)(a) in writing; and(b) sent by registered post to the address of the candidate as stated on the claim form. (14 of 2021 s. 263)(5) A candidate required to provide further information must provide that information within whichever is the later of the following periods—(a) within 14 days from the date of receipt of the written requirement;(b) within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) for lodging an election return.(6) If a candidate fails to provide further information within the period specified in subsection (5), the Chief Electoral Officer may, without any prior notice, stop processing the claim. 6. Part processing of claims If an auditor’s report provided under section 3(4)(a) or 5(3B) states that the election return only partially complies with the requirements set out in section 37(1)(a) and (2)(b)(i) and (v) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), the Chief Electoral Officer may—(a) process the part of the return that complies with those requirements; and(b) stop processing the part of the return that does not comply with those requirements.(L.N. 80 of 2007) 7. Withdrawal of claims (1) A claim may be withdrawn, before a payment of financial assistance is made or the claim is otherwise disposed of, by means of a notice of withdrawal presented to the Chief Electoral Officer.(2) The notice of withdrawal must be signed by the candidate who made the claim. (14 of 2021 s. 264)(3) The notice of withdrawal must be in the specified form.(4) The notice of withdrawal must be presented in person by— (14 of 2021 s. 264)(a) the candidate who made the claim and has signed the notice; or (b) the candidate’s agent. (14 of 2021 s. 264)(5) The notice of withdrawal must be presented at the office of the Chief Electoral Officer during ordinary business hours. 8. Payment of claims after verification (1) (Repealed 14 of 2021 s. 265)(2) After verifying a claim made by an eligible LC candidate or eligible DC candidate, the Chief Electoral Officer must certify the amount of financial assistance payable on the claim and notify the Director of Accounting Services of the amount and the person to whom it is to be paid. (14 of 2021 s. 265)(3) As soon as practicable after receiving the notification, the Director of Accounting Services must make the payment in accordance with the notification.(4) The payment is to be made to the candidate who has signed the claim form. (14 of 2021 s. 265) 9. Payment in cases of death of candidate (14 of 2021 s. 266)(1) If the candidate to whom a payment of financial assistance is to be made under section 8(4) dies before the payment is made, the payment is to be made to the legal personal representative of the deceased candidate and the Chief Electoral Officer must notify the Director of Accounting Services accordingly. (14 of 2021 s. 266)(2) The Director of Accounting Services must make the payment in accordance with the notification. 10. (Repealed 14 of 2021 s. 267) 11. Mode of service of notice requiring repayment of financial assistance The written notice required to be given by the Chief Electoral Officer under section 60H of the Legislative Council Ordinance (Cap. 542) or section 60G of the District Councils Ordinance (Cap. 547) must be sent by registered post.(L.N. 80 of 2007) 12. Mode of repayment of financial assistance to Government (1) Any amount paid as financial assistance that is required to be repaid to the Government under section 60H of the Legislative Council Ordinance (Cap. 542) or section 60G of the District Councils Ordinance (Cap. 547) may be repaid as follows— (L.N. 80 of 2007)(a) in person (by the recipient or the agent of the recipient), at the office of the Chief Electoral Officer; or(b) if payment is by cheque, draft or cashier order, by sending the cheque, draft or cashier order by post, to the office of the Chief Electoral Officer.(2) As soon as practicable after receiving any amount under subsection (1), the Chief Electoral Officer must pay the amount to the Director of Accounting Services. 13. Making claims on behalf of deceased candidates (1) If an eligible LC candidate or eligible DC candidate dies before a claim is made or before a payment is made on a claim, anything that a deceased candidate may do or is required to do by or under this Regulation may be done by the legal personal representative of the deceased candidate. (L.N. 80 of 2007; 14 of 2021 s. 268)(2) If there is no legal personal representative or the legal personal representative is unwilling to act, anything that a legal personal representative may do under subsection (1) may be done by the next of kin of the deceased candidate. 14. Commission to specify forms (1) The Commission may specify forms for the purposes of this Regulation.(2) The specified forms must be made available by the Chief Electoral Officer free of charge during ordinary business hours at his office.