Cap 569B s 3 Fixing of hearing and notifying appellant thereof (Election Committee (Registration) (Voters for Subsectors) (Members of Election Committee) (Appeals) Regulation; Chief Executive Election Ordinance)

Contents of Section

Chapter:	569B	Title:	Election Committee (Registration) (Voters for Subsectors) (Members of Election Committee) (Appeals) Regulation	Gazette Number:	E.R. 1 of 2012
Section:	3	Heading:	Fixing of hearing and notifying appellant thereof	Version Date:	09/02/2012

(1) Where the Revising Officer receives a copy of a notice of appeal or a notice of claim or a notice of objection from the Electoral Registration Officer, the Revising Officer shall, as soon as practicable-

(a) subject to subsections (3), (4) and (5), fix a date, time and place for holding a hearing as regards the appeal or the claim or the objection to which the notice relates; and

(b) send by registered post, a notice under subsection (2)- (L.N. 27 of 2003)

(i) to the appellant concerned to the address furnished as his address in the notice of appeal or the notice of claim or the notice of objection, as the case may be; and

(ii) in the case of a notice of objection, in addition to the appellant, to the person in respect of whom the objection is made.

(2) A notice for the purposes of subsection (1)(b) shall-

(a) state that a hearing is to be held as regards the notice of appeal or the notice of claim or the notice of objection, as the case may be;

(b) specify the date, time and place fixed under subsection (1)(a) for such hearing;

(i) may appear in person at the hearing and make representations to the Revising Officer regarding the appeal or claim or objection concerned, as the case may be;

(ii) may be represented at such hearing by a legal practitioner or any other person (authorized in writing by the appellant or the person in respect of whom the objection is made, as may be appropriate) who may make representations on his behalf; or

(iii) whether or not he appears or is represented, may make representations in writing regarding the appeal or claim or objection concerned and submit them, by post or by hand, at an address (which shall be specified in the notice) to reach the Revising Officer before the date fixed for the hearing; and (L.N. 243 of 2001)

(d) in the case of a notice sent to an appellant, state that if the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and if the appellant-

(i) does not appear at the hearing;

(ii) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and

(iii) does not make representations in writing regarding the appeal or claim or objection concerned to be received by the Revising Officer before the date of the hearing, (L.N. 243 of 2001)

the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection (as the case may be) relates, shall stand.

(3) Where a copy of a notice of appeal is received by the Revising Officer-

(a) on a date not later than the eighth day before the polling date for the subsector concerned, the date fixed under subsection (1)(a) as regards that notice shall be a date within a period of 21 days beginning from 25 days before such polling date; and (L.N. 243 of 2001)

(b) on a date later than the eighth day before the polling date for the subsector concerned, the date fixed under subsection (1)(a) as regards that notice shall be- (L.N. 243 of 2001; L.N. 27 of 2003)

(i) where the copy of the notice is so received on or before 8 September in a District Council election year, a date within a period of 28 days ending on 11 September in that year;

(ii) where the copy of the notice is so received after 8 September in a District Council election year, a date within a period of 27 days ending on 11 July in the next following year;

(iii) where the copy of the notice is so received on or before 8 July in any year which is not a District Council election year, a date within a period of 27 days ending on 11 July in that year; or

(iv) where the copy of the notice is so received after 8 July in any year which is not a District Council election year-

(A) a date within a period of 28 days ending on 11 September in the next following year, if that following year is a District Council election year; or

(B) a date within a period of 27 days ending on 11 July in the next following year, if that following year is not a District Council election year. (L.N. 27 of 2003)

(4) Where a copy of a notice of claim or a notice of objection as regards an entry, or registration, in a subsector register, is received by the Revising Officer-

(a) (Repealed 1 of 2011 s. 16)

(b) during the period beginning on 3 September in any year subsequent to 2002, if that subsequent year is a District Council election year, and ending on 2 July in the year following that subsequent year, the date fixed under subsection (1)(a) as regards that notice shall be a date between 15 June and 11 July (both dates inclusive) in that following year; or

(c) during the period beginning on 3 July in any year subsequent to 2002, if that subsequent year is not a District Council election year, and-

(i) ending on 2 September in the year following that subsequent year, if that following year is a District Council election year, the date fixed under subsection (1)(a) as regards that notice shall be a date between 15 August and 11 September (both dates inclusive) in that following year; or

(ii) ending on 2 July in the year following that subsequent year, if that following year is not a District Council election year, the date fixed under subsection (1)(a) as regards that notice shall be a date between 15 June and 11 July (both dates inclusive) in that following year,

which date so fixed in accordance with paragraph (b) or (c)(i) or (ii), as the case may be, shall not be earlier than the third day after the day on which the copy of the notice is so received. (L.N. 27 of 2003; 1 of 2011 s. 16)
(5) Where a copy of a notice of claim or a notice of objection as regards an entry, or registration, in an Election Committee register, is received by the Revising Officer not later than the tenth day after the date of publication of the relevant Election Committee provisional register, the date fixed under subsection (1)(a) as regards that notice shall be a date not later than the twentieth day after that date of publication, which date so fixed shall not be earlier than the third day after the day on which the copy of the notice is received.
(6) As regards any notice of appeal or notice of claim or notice of objection-

(a) in the case where the Electoral Registration Officer does not make representations to the Revising Officer at the hearing and the appellant-

(i) does not appear at the hearing;

(ii) is not represented by a legal practitioner or any other person (authorized in writing by the appellant) at the hearing; and

(iii) does not make representations in writing regarding the appeal or claim or objection concerned to be received by the Revising Officer before the date of the hearing, (L.N. 243 of 2001)

the decision of the Electoral Registration Officer to which the notice of appeal or the notice of claim or the notice of objection (as the case may be) relates, shall stand; or

(b) in any other case, the Revising Officer shall make a ruling either allowing or dismissing the appeal or the claim or the objection, as the case may be, to which that notice relates.