Cap. 576 sub. leg. A

Rural Representative Election (Registration of Electors) (Appeals) Regulation(Cap. 576, section 65)(Enacting provision omitted—E.R. 3 of 2014) [21 February 2003](Format changes—E.R. 3 of 2014) Editorial Note: The title of this Regulation was amended from “Village Representative Election (Registration of Electors) (Appeals) Regulation” to “Rural Representative Election (Registration of Electors) (Appeals) Regulation” — see 5 of 2014 s. 74. 1. Interpretation In this Regulation, unless the context otherwise requires—appeal (上訴) means an appeal against a decision of the Electoral Registration Officer under section 19(1) of the Ordinance;appellant (上訴人) means a person who has made an appeal by lodging a notice of claim or a notice of objection under the EAC Regulation;authorized representative (獲授權代表), in relation to an appellant or a person in respect of whom an objection is made, means a person authorized in writing by the appellant or that person;claim (申索) means a claim made under section 24, in accordance with section 25, of the EAC Regulation;EAC Regulation (《選管會規則》) means the Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation (Cap. 541 sub. leg. K); (5 of 2014 s. 75)final register (正式選民登記冊) has the same meaning as in section 1 of the EAC Regulation;hearing date (聆訊日期), in relation to a notice of claim or a notice of objection, means the date fixed under section 2(1)(a) to hear the claim or objection to which the notice relates;notice of claim (申索通知書) means a notice of claim within the meaning of section 25(1) of the EAC Regulation;notice of hearing (聆訊通知書) means a notice the Revising Officer is required to send under section 2(1)(b);notice of objection (反對通知書) means a notice of objection within the meaning of section 23(1) of the EAC Regulation;objection (反對) means an objection made under section 23 of the EAC Regulation;party (方、一方) means an appellant or a person in respect of whom an objection is made;provisional register (臨時選民登記冊) has the same meaning as in section 1 of the EAC Regulation. (12 of 2009 s. 15)(12 of 2009 s. 15) 1A. Effect of inclement weather warning on date and period (1) In this section—gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); 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; rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday.(2) If—(a) 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; (b) 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 (c) 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. (3) If—(a) a period is prescribed in or fixed under this Regulation; (b) an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and (c) 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. (4) If in any year 9 September falls on an inclement weather warning day, section 2(5) has effect in relation to that year as if the reference to “9 September” in that section is substituted by a reference to the next working day, which is not an inclement weather warning day, following 9 September. (5) Subsections (2) and (3) are subject to section 2(2A).(12 of 2014 s. 29) 2. Fixing a hearing date and notifying the appellant (1) When the Revising Officer receives a copy of a notice of claim or a notice of objection from the Electoral Registration Officer, he shall, as soon as practicable—(a) subject to subsection (5), fix a date, time and place for holding a hearing in respect of the claim or the objection to which the notice relates; and (12 of 2009 s. 16)(b) send by post, a notice of hearing—(i) to the appellant; and(ii) if the hearing is in respect of a notice of objection, also to the person in respect of whom the objection is made.(2) A notice of hearing sent to a party shall—(a) state that a hearing is to be held in respect of the claim or the objection;(b) specify the date, time and place fixed for the hearing; and(c) state that the party—(i) may appear in person at the hearing and make representations to the Revising Officer regarding the claim or objection;(ii) may be represented at the hearing by a legal practitioner or an authorized representative who may make representations on his behalf; or(iii) whether or not he appears or is represented, may make representations in writing regarding the claim or objection and submit them, by post or by hand, at an address (which shall be specified in the notice) to reach the Revising Officer not later than 1 day before the date fixed for the hearing.(2A) Despite subsection (5) and section 6, if—(a) the date fixed under subsection (1)(a) for a hearing—(i) is the last day of the period specified in subsection (5)(a); or (ii) is postponed under section 1A to or beyond the last day of the period specified in subsection (5)(a); and (b) the deadline for the making of representations in writing to the Revising Officer under section 3(1)(b)(iii) 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. 30)(3) A notice of hearing sent to an appellant shall also state that if—(a) the Electoral Registration Officer does not make representations to the Revising Officer at the hearing; and(b) the appellant—(i) does not appear at the hearing;(ii) is not represented at the hearing by a legal practitioner or an authorized representative; and(iii) does not make representations in writing regarding the claim or objection to be received by the Revising Officer not later than 1 day before the hearing date, the decision of the Electoral Registration Officer to which the notice of claim or the notice of objection relates shall stand.(3A) Without limiting subsections (2) and (3), a notice of hearing sent to an appellant must state that if the appellant—(a) does not appear at the hearing; and(b) is not represented at the hearing by a legal practitioner or an authorized representative,the Revising Officer may make a ruling dismissing the claim or objection, whether or not the appellant has made representations in writing regarding the claim or objection. (1 of 2019 s. 25)(4) (Repealed 12 of 2009 s. 16)(5) If a notice of claim or a notice of objection is lodged under Part 5 of the EAC Regulation in respect of a provisional register on or before 9 September of the year for which the relevant register is being compiled, the hearing date in respect of that notice— (12 of 2009 s. 16)(a) shall be after 27 August but not later than 23 September in that year; and (b) shall not be earlier than the third day after the day on which a copy of the notice is received by the Revising Officer. (12 of 2009 s. 16)(6) In this section—inclement weather warning day (惡劣天氣警告日) has the meaning given by section 1A(1); working day (工作日) has the meaning given by section 1A(1). (12 of 2014 s. 30) 2A. Appellant to provide sufficient information (1) An appellant must provide sufficient information about the claim or objection concerned to inform the following persons of the grounds of the claim or objection—(a) the Revising Officer;(b) the Electoral Registration Officer;(c) in relation to an objection—the person in respect of whom the objection is made.(2) The information may be provided—(a) in the notice of claim or notice of objection (as appropriate); or(b) in the representations referred to in section 2(2)(c).(1 of 2019 s. 26) 3. Disposal of appeal (1) If, in respect of a claim or objection fixed for hearing—(a) the Electoral Registration Officer does not make representations to the Revising Officer at the hearing; and(b) the appellant—(i) does not appear at the hearing;(ii) is not represented at the hearing by a legal practitioner or an authorized representative; and(iii) does not make representations in writing regarding the claim or objection to be received by the Revising Officer not later than 1 day before the hearing date, the decision of the Electoral Registration Officer to which the notice of claim or the notice of objection relates shall stand.(2) In a case other than that referred to in subsection (1), the Revising Officer shall make a ruling allowing or dismissing the claim or the objection.(3) Without limiting subsections (1) and (2), if the appellant—(a) does not appear at the hearing; and(b) is not represented at the hearing by a legal practitioner or an authorized representative,the Revising Officer may make a ruling dismissing the claim or objection, whether or not the appellant has made representations in writing regarding the claim or objection. (1 of 2019 s. 27) 4. Revising Officers notify parties of outcome of appeal (1) If the Electoral Registration Officer’s decision stands pursuant to section 3(1), the Revising Officer shall notify the appellant and, if applicable, the person in respect of whom the objection is made.(2) If the Revising Officer makes a ruling under section 3(2) or (3), the Revising Officer shall notify the appellant and, if applicable, the person in respect of whom the decision is made, of the ruling. (1 of 2019 s. 28)(3) A notification under subsection (1) or (2) shall be sent by post or facsimile transmission to—(a) the appellant;(b) the person in respect of whom the objection is made, if applicable;(c) the legal practitioner who represented the party at the hearing; or(d) the authorized representative of the party concerned.(4) The appellant or the person in respect of whom the objection is made, as the case may be, may apply for a review of the ruling made by the Revising Officer under section 3(2) or (3) not later than 4 days after the date on which the notification under subsection (3) is sent. (12 of 2009 s. 17; 1 of 2019 s. 28)(5) An application under subsection (4) shall be made in such form as may be specified by the Electoral Registration Officer. 5. Electoral Registration Officer to be notified of rulings (1) The Revising Officer shall notify the Electoral Registration Officer in respect of each notice of claim or notice of objection—(a) that the Electoral Registration Officer’s decision is to stand; or(b) of the ruling of the Revising Officer, as may be appropriate, in accordance with subsection (2).(2) The Revising Officer shall notify the Electoral Registration Officer on or before 12 October in the year in which the hearing is concluded. (12 of 2009 s. 18) 6. Determination of matters and powers of adjournment, etc. (1) The Revising Officer shall determine every matter to be determined by him under this Regulation as soon as practicable.(2) The hearing of an appeal shall, as far as is practicable having regard to the interest of justice, be continued from day to day (excluding general holidays) until its conclusion.(3) Subject to subsection (2), the hearing and determination of any such matter may be adjourned at any time to a date not later than the date referred to in section 7(2). (12 of 2014 s. 31) 7. Review of rulings by Revising Officer (1) Subject to subsection (2), the Revising Officer may—(a) on his own initiative;(b) for good cause shown by the Electoral Registration Officer; or(c) on application under section 4(4) by—(i) an appellant; or(ii) a person in respect of whom the objection is made, review any ruling made under section 3(2) or (3), and for that purpose may rehear the matter wholly or in part and reverse or confirm his previous ruling.(2) A ruling made under section 3(2) or (3) may only be reviewed on or before 5 October in the year in which the ruling is made. (12 of 2009 s. 19)(3) The Revising Officer shall determine the procedure for a review under subsection (1).(1 of 2019 s. 29) 8. Approval of Revising Officer in relation to Electoral Registration Officer’s proposal When the Electoral Registration Officer seeks the Revising Officer’s approval under section 28(2) of the EAC Regulation in relation to the compilation of a final register, the Revising Officer shall, as soon as practicable, make a determination and notify the Electoral Registration Officer of his determination.(12 of 2009 s. 20) 9. Revising Officer may require Electoral Registration Officer to provide information The Revising Officer may require the Electoral Registration Officer to provide any information that the Revising Officer considers necessary for him to make a determination under this Regulation. 10. Revising Officer is required to determine forms, appropriate person and mode of service when exercising his powers When exercising the powers referred to in section 53(4) of the Ordinance, the Revising Officer may—(a) determine the forms to be used;(b) determine, having regard to the circumstances of the case, who is the appropriate person to serve a summons issued by the Revising Officer on the person to whom the summons is directed; and(c) determine, having regard to the circumstances of the case, the mode of service of a summons referred to in paragraph (b).