Cap. 569 sub. leg. A

Election Committee (Appeals) Regulation(Cap. 569, section 46) (Enacting provision omitted—E.R. 1 of 2017) [16 November 2001](Format changes— E.R. 1 of 2017) 1. (Omitted as spent—E.R. 1 of 2017) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—appeal notice (上訴通知書) means an appeal notice lodged by a person under section 3; appellant (上訴人) means a person who— (a) lodges an appeal notice to a Revising Officer to appeal against the result of a subsector election under section 3; (14 of 2021 s. 446) (b) submits a written representation to a Revising Officer to object to the registration of a declared member as a member of the Election Committee under section 4; (14 of 2021 s. 446) (c) submits a written representation to a Revising Officer to object to the registration of an ex-officio member as a member of the Election Committee under section 4A(1); or (14 of 2021 s. 446) (d) submits a written representation to a Revising Officer to claim that the person is eligible to be, and is not disqualified from being, registered as an ex-officio member under section 4A(2); (14 of 2021 s. 446) Assistant Electoral Registration Officer (助理選舉登記主任) means an Assistant Electoral Registration Officer appointed under section 44(1) of the Schedule to the Ordinance;Assistant Returning Officer (助理選舉主任) means an Assistant Returning Officer appointed under section 47(1) of the Schedule to the Ordinance;declared member (獲宣布委員) means a nominee who is declared by the Candidate Eligibility Review Committee as a member of the Election Committee under section 7 of the Schedule to the Ordinance; (14 of 2021 s. 446)designated body (指定團體) has the meaning given by section 1(1) of the Schedule to the Ordinance; (14 of 2021 s. 446)Electoral Registration Officer (選舉登記主任) has the meaning assigned to it by section 1(1) of the Schedule to the Ordinance;ex-officio member (當然委員) has the meaning given by section 1(1) of the Schedule to the Ordinance; (14 of 2021 s. 446)final register (正式委員登記冊) means a register published under section 40(2), (3) or (4) of the Schedule to the Ordinance; (10 of 2006 s. 22) identity document (身分證明文件) means— (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177); (b) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (1 of 2019 s. 81) (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person’s identity; interim register (暫行委員登記冊) means a register published under section 40(1) of the Schedule to the Ordinance; (10 of 2006 s. 22)nominee (獲提名人) means a nominee referred to in section 7 of the Schedule to the Ordinance;Returning Officer (選舉主任) has the meaning assigned to it by section 1(1) of the Schedule to the Ordinance;working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday; (15 of 2016 s. 28)written representation (書面申述) means a written representation referred to in section 4 or 4A. (14 of 2021 s. 446)(14 of 2021 s. 446)(2) (Repealed 14 of 2021 s. 446)(3) In the Schedule, subsector ordinary election (界別分組一般選舉) and subsector by-election (界別分組補選) have the meaning assigned respectively to them by section 1(1) of the Schedule to the Ordinance. 2A. 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 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).(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 the last day of the period referred to in section 5(3) or (4) falls on an inclement weather warning day, section 8 has effect as if the reference to the expiry of that period in section 8 were substituted by a reference to the next working day which is not an inclement weather warning day, following that last day.(5) Subsections (2) and (3) are subject to sections 5(5) and 10(2A).(15 of 2016 s. 29) 3. Appeal against result of subsector election to Revising Officer (1) A person claiming to be a candidate at a subsector election may appeal to a Revising Officer under section 39(1) of the Schedule to the Ordinance against the result of that subsector election by lodging an appeal notice.(2) An appeal notice must be in the form specified in the Schedule.(3) An appeal notice may be lodged to question a subsector election only on the ground that the person declared by the Returning Officer in accordance with EAC Regulations to have been elected as a member of the Election Committee at the subsector election was not duly elected because—(a) the person was ineligible to be, or was disqualified from being, a candidate at the subsector election; or(b) material irregularity occurred in relation to the subsector election, or to the polling or counting of votes at the subsector election.(4) An appeal notice may be lodged to the Revising Officer only after the date on which the Returning Officer has published in the Gazette the result being appealed against and must reach the Revising Officer not later than 7 days after that date.(5) Any person whose election is questioned by an appeal notice and the Returning Officer in respect of the subsector election concerned may be made a respondent to the appeal.(5A) If the grounds of the appeal relate to a decision of the Candidate Eligibility Review Committee, the Committee may also be made a respondent to the appeal. (14 of 2021 s. 447)(6) Two or more candidates at a subsector election may be made respondents to the same appeal and their cases may be tried at the same time, but for the purposes of this section and section 6, the appeal is taken to be a separate appeal against each respondent.(7) In subsection (3)— subsector election (界別分組選舉)— (a) is to be construed subject to section 9B of the Ordinance; and (b) subject to paragraph (a), includes nomination proceedings and the determinations or decisions of the Candidate Eligibility Review Committee, the Returning Officer or any Assistant Returning Officer. (14 of 2021 s. 447) 4. Appeals in relation to declaration and registration of nominees as members of Election Committee (14 of 2021 s. 448)(1) Subject to section 9B of the Ordinance, a person who considers that a declared member is not eligible to be declared and registered as a member of the Election Committee on the ground that— (14 of 2021 s. 448)(a) the declared member was ineligible to be selected as, or was disqualified from being, a nominee;(b) material irregularity occurred in relation to the process of nomination;(ba) a processing error occurred in relation to the process of registration; (14 of 2021 s. 448)(c) material irregularity occurred in relation to the determination of the Candidate Eligibility Review Committee as to the validity of the nomination of the declared member; or (14 of 2021 s. 448)(d) material irregularity occurred in relation to the determination of the Returning Officer under section 7(6) of the Schedule to the Ordinance,may, by submitting a written representation, object to the declaration and registration of the declared member as a member of the Election Committee in the interim register or final register. (10 of 2006 s. 23; 14 of 2021 s. 448)(2) A written representation under subsection (1) may be submitted to the Revising Officer only after the date of the publication of the interim register or final register concerned and must reach the Revising Officer not later than 7 days after that date. (10 of 2006 s. 23)(3) The Electoral Registration Officer may be made a respondent to the appeal if the ground mentioned in subsection (1)(ba) is relied on as a ground of appeal. (14 of 2021 s. 448)(3A) The Candidate Eligibility Review Committee may be made a respondent to the appeal if the ground mentioned in subsection (1)(a) or (c) is relied on as a ground of appeal. (14 of 2021 s. 448)(3B) The Returning Officer for the relevant subsector may be made a respondent to the appeal if the ground mentioned in subsection (1)(b) or (d) is relied on as a ground of appeal. (14 of 2021 s. 448)(4) The written representation referred to in subsection (1) shall state—(a) the name, address and identity document number (if any) of the appellant;(b) the name and address of the declared member concerned;(c) the date on which the declared member concerned was declared as such member by the Returning Officer;(d) the ground of appeal; and(e) any other relevant information. 4A. Appeals in relation to registration of ex-officio members as members of Election Committee (1) Subject to section 9B of the Ordinance, a person who considers that an ex-officio member is not eligible to be registered as a member of the Election Committee on the ground that—(a) the ex-officio member was ineligible to be registered as, or was disqualified from being, a member of the Election Committee;(b) a processing error occurred in relation to the process of registration; or(c) material irregularity occurred in relation to the determination of the Candidate Eligibility Review Committee as to the validity of the registration of the ex-officio member,may, by submitting a written representation, object to the registration of the ex-officio member as a member of the Election Committee in the interim register or final register.(2) A person whose registration has been determined by the Candidate Eligibility Review Committee to be invalid under section 5N of the Schedule to the Ordinance may, subject to section 9B of the Ordinance, claim that he or she is eligible to be, and is not disqualified from being, registered as an ex-officio member by submitting a written representation.(3) A written representation under subsection (1) or (2)—(a) may be submitted to the Revising Officer only after—(i) the date of publication of the interim register concerned; or(ii) if the relevant determination of the Candidate Eligibility Review Committee is made after the date of publication of the interim register concerned, and—(A) the determination is that the registration is valid—the date of publication of the relevant notice under section 41(4) of the Schedule to the Ordinance; or(B) the determination is that the registration is invalid—the date of issuance of the notice informing the relevant person of the determination,as the case may be; and(b) must reach the Revising Officer not later than 7 days after the relevant date.(4) The Electoral Registration Officer may be made a respondent to the appeal if the ground mentioned in subsection (1)(b) is relied on as a ground of appeal.(5) The Candidate Eligibility Review Committee may be made a respondent to the appeal if the ground mentioned in subsection (1)(a) or (c) or (2) is relied on as a ground of appeal.(6) The written representation referred to in subsection (1) must state—(a) the name, address and identity document number (if any) of the appellant;(b) the name and address of the ex-officio member concerned;(c) the date on which the ex-officio member concerned was registered as a member of the Election Committee by the Electoral Registration Officer;(d) the ground of appeal; and(e) any other relevant information.(7) The written representation referred to in subsection (2) must state—(a) the name, address and identity document number (if any) of the appellant;(b) the date on which the appellant received the notice from the Electoral Registration Officer informing the appellant the determination of the Candidate Eligibility Review Committee that the registration of the appellant was invalid;(c) the ground of appeal; and(d) any other relevant information.(14 of 2021 s. 449) 5. Fixing of hearing and notifying appellant thereof (1) Where the Revising Officer receives an appeal notice or a written representation, as the case may be, he shall, as soon as practicable—(a) subject to subsections (3) and (4), fix a date, time and place for holding a hearing as regards the appeal notice or the written representation, as the case may be; and(b) send by post a notice under subsection (2)—(i) to the appellant concerned at the address furnished as his address in the appeal notice or the written representation, as the case may be; and(ii) (A) in the case of an appeal notice, to the person whose election is questioned; or(B) in the case of a written representation, to the declared member concerned or the ex-officio member concerned. (14 of 2021 s. 450)(2) A notice for the purposes of subsection (1)(b) shall—(a) state that a hearing is to be held as regards the appeal notice or the written representation, as the case may be;(b) specify the date, time and place fixed under subsection (1)(a) for such hearing;(c) state that the appellant, the person whose election is questioned, the declared member concerned or the ex-officio member concerned, as the case may be— (14 of 2021 s. 450)(i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal notice or the written representation, as the case may be;(ii) may be represented at the hearing by a legal practitioner, or by any other person authorized in writing by the appellant, the person whose election is questioned, the declared member concerned or the ex-officio member concerned (as the case may be) who may make representations on his behalf; or (14 of 2021 s. 450)(iii) whether or not he appears or is represented, may make representations in writing regarding the appeal notice or the written representation, as the case may be, 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 at least 1 clear day before the date fixed for the hearing;(d) in the case of a notice sent to an appellant, state that—(i) in the case of an appeal notice, if the appellant—(A) does not appear at the hearing;(B) is not represented at the hearing by a legal practitioner or any other person authorized in writing by the appellant; and(C) does not make representations in writing regarding his appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing, the result of the subsector election to which the appeal notice relates shall stand;(ii) in the case of a written representation, if the Candidate Eligibility Review Committee, the Electoral Registration Officer and the Returning Officer concerned do not make representations to the Revising Officer at the hearing and if the appellant— (14 of 2021 s. 450)(A) does not appear at the hearing;(B) is not represented at the hearing by a legal practitioner or any other person authorized in writing by the appellant; and(C) does not make representations in writing regarding his written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing,the determination or decision of the Candidate Eligibility Review Committee, the Electoral Registration Officer or the Returning Officer concerned (as the case may be) in relation to the registration or declaration to which the written representation relates shall stand. (14 of 2021 s. 450)(3) The date fixed under subsection (1)(a) as regards an appeal notice shall be a date during the period beginning immediately after the date on which the result of the subsector election to which the appeal notice relates is published in the Gazette (publication date) and ending on a date not later than 20 days after the publication date.(4) The date fixed under subsection (1)(a) as regards a written representation shall be a date during the period beginning immediately after the date on which the interim register or final register concerned is published (publication date) and ending on a date not later than 20 days after the publication date. (10 of 2006 s. 24)(5) Despite subsections (3) and (4) and sections 6(1)(b) and (2)(b) and 9, if—(a) the date fixed under subsection (1)(a) for a hearing—(i) is the last day of the period referred to in subsection (3) or (4); or(ii) is postponed under section 2A to or beyond the last day of the period mentioned in subparagraph (i); and(b) the deadline for making representations in writing to the Revising Officer under this section is postponed under section 2A 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 the postponed deadline. (15 of 2016 s. 30)(6) In this section—inclement weather warning day (惡劣天氣警告日) has the meaning given by section 2A(1). (15 of 2016 s. 30) 6. Ruling of Revising Officer (1) As regards an appeal notice—(a) in the case where the appellant—(i) does not appear at the hearing;(ii) is not represented at the hearing by a legal practitioner or any other person authorized in writing by the appellant; and(iii) does not make representations in writing regarding his appeal notice to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing,the result of the subsector election to which the appeal notice relates shall stand; or(b) in any other case, the Revising Officer shall make a ruling within the period referred to in section 5(3) to determine whether the person whose election is questioned was or was not duly elected.(2) As regards a written representation—(a) in the case where the Candidate Eligibility Review Committee, the Electoral Registration Officer and the Returning Officer concerned do not make representations to the Revising Officer at the hearing and the appellant— (14 of 2021 s. 451)(i) does not appear at the hearing;(ii) is not represented at the hearing by a legal practitioner or any other person authorized in writing by the appellant; and(iii) does not make representations in writing regarding his written representation to be received by the Revising Officer on a date at least 1 clear day before the date of the hearing,the determination or decision of the Candidate Eligibility Review Committee, the Electoral Registration Officer or the Returning Officer concerned (as the case may be) in relation to the registration or declaration to which the written representation relates shall stand; or(b) in any other case, the Revising Officer shall make a ruling within the period referred to in section 5(4) to determine whether or not the declared member concerned or the ex-officio member concerned should have been registered as a member of the Election Committee. (14 of 2021 s. 451) 7. Appellant and other persons concerned to be notified of ruling Where—(a) the result of the subsector election to which the appeal notice relates stands pursuant to section 6;(b) the determination or decision of the Candidate Eligibility Review Committee, the Electoral Registration Officer or the Returning Officer concerned (as the case may be) stands pursuant to section 6; or (14 of 2021 s. 452)(c) the Revising Officer makes a ruling under section 6,the Revising Officer shall notify the appellant and, where appropriate, the person whose election is questioned, the declared member concerned or the ex-officio member concerned (as the case may be), by post, that the result, determination or decision shall stand or of his ruling, as may be appropriate.(14 of 2021 s. 452) 8. Electoral Registration Officer to be notified of ruling (1) Where—(a) the result of the subsector election to which the appeal notice relates stands pursuant to section 6;(b) the determination or decision of the Candidate Eligibility Review Committee, the Electoral Registration Officer or the Returning Officer concerned (as the case may be) stands pursuant to section 6; or (14 of 2021 s. 453)(c) the Revising Officer makes a ruling under section 6,the Revising Officer shall notify the Electoral Registration Officer on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, that the result, determination or decision shall stand or of his ruling, as may be appropriate. (14 of 2021 s. 453)(2) Where the Revising Officer—(a) makes a ruling under section 6(1)(b) and determines that the person whose election is questioned was not duly elected; or(b) makes a ruling under section 6(2)(b) and determines that—(i) the declared member concerned or the ex-officio member concerned should not have been registered as a member of the Election Committee; or(ii) the appellant concerned should have been registered as an ex-officio member, (14 of 2021 s. 453)he shall, on a date not later than 3 working days after the expiry of the period referred to in section 5(3) or (4), as the case may be, direct the Electoral Registration Officer to incorporate his ruling in the interim register or final register. (10 of 2006 s. 25)(3) In this section—final register (正式委員登記冊) means the final register of members of the Election Committee having effect under section 43 of the Schedule to the Ordinance. (14 of 2021 s. 453) 9. Determination of matters and powers of adjournment, etc. 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 determination and hearing 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 5(3) or (4), as the case may be. 10. Review of rulings by Revising Officer (1) Subject to subsection (2), the Revising Officer may, on his own initiative or for good cause shown by the Candidate Eligibility Review Committee, the Electoral Registration Officer, the Returning Officer, the appellant, the person whose election is questioned, the declared member concerned or the ex-officio member concerned, as the case may be, review any ruling made under section 6, and for that purpose may rehear or redetermine (as the case may be) the matter wholly or in part and reverse or confirm his previous ruling. (14 of 2021 s. 454)(2) A ruling made under section 6 during the period referred to in section 5(3) and (4) may only be reviewed during the period referred to in section 5(3) and (4) respectively.(2A) Despite subsection (2), if the conditions under section 5(5)(a)(i) or (ii) and (b) are met, the period for a review of the ruling in respect of the appeal notice or written representation in question is extended to end on 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 5(5) in relation to that appeal notice or written representation. (15 of 2016 s. 31)(3) In the case where the Revising Officer decides to review any ruling made under section 6, he shall determine the procedure for such review.(4) In this section—inclement weather warning day (惡劣天氣警告日) has the meaning given by section 2A(1). (15 of 2016 s. 31) 11. Revising Officer may require Candidate Eligibility Review Committee, Electoral Registration Officer and Returning Officer to provide information (14 of 2021 s. 455)The Revising Officer may require the Candidate Eligibility Review Committee, the Electoral Registration Officer and the Returning Officer to provide any information which the Revising Officer considers necessary for him to make a determination under this Regulation.(14 of 2021 s. 455) 12. Validity of acts of person A—(a) ruling made by the Revising Officer under section 6; or(b) reversal or confirmation of such a ruling by him under section 10(1),does not invalidate acts done by the person as a member of the Election Committee whose election or whose registration as such a member is questioned before the making of such a ruling, reversal or confirmation, as the case may be.(L.N. 242 of 2001) 13. 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 46(4) of the Schedule to the Ordinance, the Revising Officer shall—(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). Schedule [ss. 2 & 3]Appeal Notice APPEAL NOTICE In the Matter of the Chief Executive Election Ordinance (Cap. 569) and In the Matter of a *subsector ordinary election/subsector by-election for the (name of subsector) subsector held on (date of election). To: Revising Officer I, (name to be stated), holder of an identity card issued under the Registration of Persons Ordinance (Cap. 177), (number to be stated) state— 1. (a) that I was a candidate at the above-mentioned election; *(b) in an election which was not contested, that *(name of candidate) was a candidate at the above-mentioned election/(name of each candidate) were candidates at the above-mentioned election, and on (date on which the candidate was declared elected or the candidates were declared elected) the Returning Officer for the above-mentioned subsector declared in a notice published in accordance with regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) that *that candidate/those candidates *was/were elected for the above-mentioned subsector; *(b) in a contested election, that the poll was held on the above day, that (name of each candidate) were candidates at the above-mentioned election, and on (date on which the successful candidate was declared elected or the successful candidates were declared elected) the Returning Officer for the above-mentioned subsector declared in a notice published in accordance with regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) that *(name of successful candidate)/(names of successful candidates) *was/were elected for the above-mentioned subsector; (c) that (ground under section 3(3) of the Election Committee (Appeals) Regulation (Cap. 569 sub. leg. A) on which the election is questioned and the facts on which the appellant relies). 2. I therefore request the Revising Officer to determine whether the *candidate/candidates (to be named) declared by the Returning Officer for the above-mentioned subsector in accordance with regulations made under section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) to have been elected *was/were duly elected. Dated this .............. day of ........................ 20 ........ Signed Appellant The address for service is (address to be stated). *Delete whichever is inapplicable. (14 of 2021 s. 456)