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ELECTORAL AFFAIRS COMMISSION (REGISTRATION)

(ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES)

(VOTERS FOR ELECTION COMMITTEE SUBSECTORS)

(MEMBERS OF ELECTION COMMITTEE) REGULATION

(Cap. 541, sub. leg. B)

NOTICE OF CLAIM

REGARDING REGISTRATION FOR FUNCTIONAL CONSTITUENCIES/

ELECTION COMMITTEE SUBSECTORS

(Section 31 of the Regulation)

(Please read the attached explanatory notesbefore completing this Notice)

To: Electoral Registration Officer

PART I: CLAIM FOR ENTITLEMENT TO BE REGISTERED [s.31(1)(a),(b),(c) or 31(3)]

1.*I/My body hereby give(s) you a notice of claim that *I am/my body is entitled to be registered as *an elector for a functional constituency/a voter for an Election Committee subsector.

2.The circumstances giving rise to *my/my body’s claim are as follows:

(a)You have determined that *I am/my body is not eligible to be registered [s.31(1)(a)].

(b)*I/My body did not furnish particulars or proof as requested by you within the specified period or did not furnish particulars or proof to your satisfaction, and you decided not to consider my/my body’s application further [s.31(1)(b)].

(c)*I have/My body has made an application to be registered but *my personal particulars/the relevant particulars of my body are not recorded in the relevant provisional register(s) [s.31(1)(c)].

(d)*My/My body’s particulars are included in the omissions list(s) for functional constituencies/subsectors [s.31(3)].

3.The grounds in support of *my/my body’s claim are as follows:

PART II:CLAIM REGARDING REGISTRATION OF AUTHORIZED REPRESENTATIVE [s.31(2)]

1.(a)I am entitled to be registered as an authorized representative of ______(Name of Corporate Elector/Corporate Voter) for the *______functional constituency/ ______subsector.

(b)______ (Name of Individual) is eligible to be appointed as an authorized representative of my body for the *______functional Constituency/ ______subsector.

2.The grounds in support of my/my body’s claim are as follows:

PART III:CLAIM REGARDING FUNCTIONAL CONSTITUENCY/SUBSECTOR [s.31(4)]

1.*My/My body’s particulars are recorded in the *______functional constituency/______subsector in the relevant provisional register(s), but *I am/my body is entitled to have the particulars recorded in the *part relating to the ______functional constituency/section relating to the ______subsector.

2.The grounds in support of *my/my body’s claim are as follows:

PART IV:CLAIM REGARDING PARTICULARS [s.31(5) or (6)]

1.The circumstances giving rise to *my/my body’s claim are as follows:

(a)*I have/My body has made a request to you to alter *my/my body’s particulars as entered in the existing final register(s), and you have refused *my/my body’s request [s.31(5)].

(b)You have altered *my/my body’s particulars without any request from *me/my body and *I/my body object(s) to the alterations [s.31(6)].

2.My/My body’s particulars in the relevant register(s) appear in the manner as shown in the 2nd column of the table below, and *I/my body claim(s) that such should be amended in the manner as shown in the 3rdcolumn of the same table.

TABLE: PARTICULARS OF INDIVIDUAL OR BODY
1st column / 2nd column / 3rd column
Particulars / Description shown on
the relevant register(s) / Alteration claimed by the claimant
Name
Principal residential address (in respect of an individual)
(Note 8)
Business address
(in respect of a body)

3.The grounds in support of *my/my body’s claim are as follows:

PARTICULARS OF CLAIMANT:
INDIVIDUAL / BODY
Name / Name
Identity
Document
Number / Name and
Position of
Responsible Person
Residential Address / Business
Address
Contact
Telephone
Number / Contact
Telephone
Number
Fax Number
(if available) / Fax Number
(if available)

Date:

(Signature of Claimant or Responsible Person

on behalf of the Claimant (Note 11))

(Company Chop (if applicable))

Please tick in the appropriate box(es).

* Please delete whichever is not applicable.

REO-702(2006)

To: Revising Officer

Notice of Claim

Regarding Registration for Functional Constituencies/Election Committee Subsectors

In connection with my/my body’s claim lodged on ,

(Date)

(i)I *will/will not appear at the hearing.

(ii)I/my body *will/will not be represented by *a legal practitioner/any other person (authorized in writing by me/my body) at the hearing.

Signature of Claimant/ Responsible Officer / :
Name of Claimant / :
Name of Responsible Officer (if applicable) / :
Tel. No. / :
Fax No. / :
Date / :

*Please delete whichever is inappropriate.

REO-702N(2006)

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ELECTORAL AFFAIRS COMMISSION (REGISTRATION)

(ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES)

(VOTERS FOR ELECTION COMMITTEE SUBSECTORS)

(MEMBERS OF ELECTION COMMITTEE) REGULATION

(Cap. 541, sub. leg.B)

EXPLANATORY NOTES FOR COMPLETING A NOTICE OF CLAIM

REGARDING REGISTRATION FOR FUNCTIONAL CONSTITUENCIES/

ELECTION COMMITTEE SUBSECTORS

1.The Notice of Claim can be used by the following persons/bodies:

(a)any individual/body who has made an application to be registered as an elector and/or a voter but failed and who claims for entitlement to be so registered;

(b)any individual/body whose particulars are included in an omissions list;

(c)an individual/a corporate elector or voter who would like to make a claim against the Electoral Registration Officer’s refusal to register the individual as an authorized representative of that body;

(d)any individual/body who would like to make a claim against the functional constituency and/or subsector in respect of which he/she/it is registered in the relevant provisional register(s);

(e)any elector/voter who would like to make a claim against his/her/its particulars as entered in the existing final register(s).

2.You should refer to paragraphs 3, 4, 5 and 6 to decide whether you should fill in Part I, II, III or IV of the Notice.

3.Claim for entitlement to be registered (Part I of the Notice)

Under the following circumstances, you can lodge a claim that you are entitled to be registered:

(a)the Electoral Registration Officer has determined that you are not entitled to be registered [s.31(1)(a)];

(b)you did not furnish particulars or proof as requested by the Electoral Registration Officer within the specified period or did not furnish particulars or proof to the Officer’s satisfaction, and the Officer has decided not to consider your application further [s.31(1)(b)];

(c)you have made an application for registration, but your particulars are not recorded in the relevant provisional register(s) [s.31(1)(c)]; or

(d)your particulars are included in the relevant omissions list(s) [s.31(3)].

4.Claim regarding registration of authorized representative (Part II of the Notice)

If the Electoral Registration Officer refused to register you as an authorized representative, you or your corporate elector/voter who appointed you may make a claim that you are entitled to be registered as such [s.31(2)].

5.Claim regarding functional constituency/subsector (Part III of the Notice)

If your particulars are recorded in a functional constituency or subsector in the relevant provisional register(s), you may claim that you are entitled to have your particulars recorded in a different functional constituency or subsector [s.31(4)].

6.Claim regarding particulars (Part IV of the Notice)

There are the following cases where you may make a claim:

(a)where you have made a request to the Electoral Registration Officer to alter your particulars as entered in the existing final register(s) and your request has been refused [s.31(5)]; or

(b)where the Electoral Registration Officer on the basis of information obtained by him has altered your particulars in an entry and you object to the alteration [s.31(6)].

7.You should also state the grounds in support of your claim under the relevant Part of the Notice. While not attempting to be exhaustive, the following are some examples:

Part I :(a)You have/Your body has the required qualifications for registration as an elector for a functional constituency and/or as a voter for a subsector; or

(b)As an individual, you are not disqualified from being registered as an elector for a geographical constituency for:

(i)having been sentenced to death or imprisonment in Hong Kong or any other place and having not either served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence or received a free pardon; or

(ii)serving a sentence of imprisonment on the date of application for registration; or

(iii)being or having been convicted of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), or an offence against Part II of the Prevention of Bribery Ordinance (Cap.201), or any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap.541), where the election is to be held or is held within 3years after the date of conviction; or

(iv)having been found under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering your property and affairs; or

(v)serving as a member of the armed forces of the Central People’s Government or any other country or territory.

Part II:You are or the individual appointed by your body as an authorized representative is an elector of a geographical constituency, not subject to any disqualification condition (see Part I(b) above), and having a substantial connection with the corporate elector or voter concerned.

Part III :You have the required qualifications for registration and you claim that you are entitled to be registered in a different functional constituency in the functional constituency provisional register or in a different subsector in the subsector provisional register as opposed to the functional constituency or subsector in which your particulars are recorded.

Part IV:The particulars as claimed by you, as opposed to the particulars now appearing in the relevant register(s), are correct.

8.“Principal residential address” means the address of a dwelling place in Hong Kong at which you reside and which constitutes your sole or main home.

9.You must furnish your own particulars in the places provided in the Notice.

10.You must deliver the Notice (on specified form) by hand in person at the office of the Electoral Registration Officer at the following address on or before 29 June 2006:

Registration and Electoral Office,

10th Floor,Harbour Centre,

25 Harbour Road,

Wan Chai,

Hong Kong.

or

Registration and Electoral Office,

10th Floor,Guardian House,

32 Oi Kwan Road,

Wan Chai,

Hong Kong.

11.If the person making the claim is a body, the Notice should be signed on its behalf by a responsible person of that body and must be delivered by that person. A responsible person is a person authorized by a body for this purpose.

  1. The Electoral Registration Officer may require you to identify yourself by inspecting your Hong Kong identity card or passport. You should therefore bring your identity card or passport with you when you deliver the Notice.

13.The Electoral Registration Officer will forward your claim to the Revising Officer for his determination. The Revising Officer will be the Registrar of the High Court or a magistrate or a legal officer appointed by the Chief Justice.

14.The Revising Officer will, by notice, inform you of the date (which will be between 15 June 2006 and 11 July 2006 in respect of Notices received by the Electoral Registration Officer on or before 29 June 2006), time and place for holding a hearing as regards the claim to which your Notice relates. You may appear at the hearing either in person or represented by a legal practitioner or any other person (authorized in writing by you). Whether or not you appear or are represented at the hearing, you may make written representations to the Revising Officer, which should reach him on a date not later than 1 day before the date of the hearing.

15.If you do not appear or are not represented at the hearing, or if the Revising Officer does not receive any written representations from you on a date not later than 1 day before the date of the hearing, and the Electoral Registration Officer does not make representations to the Revising Officer at the hearing, the decision of the Electoral Registration Officer to which your Notice relates shall stand.

16.These notes are for general guidance only. You should also refer to the Legislative Council Ordinance (Cap. 542), the Chief Executive Election Ordinance (Cap.569), the Electoral Affairs Commission Ordinance (Cap. 541) and subsidiary legislations made thereunder. These legislations can be found on the website: and are on sale at the Government Publication Centre.

17.For enquiries, please call our Hotline 2891 1001.

Personal Information Collection Statement

Purpose of Collection

18.The personal data and other related information provided by you by means of this Notice will be used by the Registration and Electoral Office for voter registration and election related purposes. The provision of personal data and other related information by means of this Notice is voluntary. However, if you do not provide adequate and accurate data we may not be able to process your Notice.

Classes of Transferees

19.The particulars submitted by you will be provided to the Revising Officer, and, where necessary, may also be provided to other departments/organizations/persons for the purposes of voter registration and election under relevant Ordinances and/or subsidiary legislation and all purposes related thereto.

Access to Personal Data

20.You have a right to request access to, and to request the correction of, the personal data and other related information you supplied in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486). Such requests should be made in writing to the Electoral Registration Officer at 10th Floor, Harbour Centre, 25Harbour Road, Wan Chai, Hong Kong.

Registration and Electoral Office

June2006

REO-702N(2006)