Cap 541A s 9 Electoral Registration Officer to prepare an omissions list (Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation; Electoral Affairs Commissio

Contents of Section

Chapter:	541A	Title:	Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation	Gazette Number:	E.R. 2 of 2012
Section:	9	Heading:	Electoral Registration Officer to prepare an omissions list	Version Date:	02/08/2012

(1) Subject to subsection (4), in compiling a provisional register, the Electoral Registration Officer must, for the purposes of section 32(4)(a) and (b) of the Legislative Council Ordinance (Cap 542), enter on a list (the omissions list) the names and principal residential address of- (L.N. 534 of 1997; L.N. 254 of 2002)

(a) any person regarding whom the Electoral Registration Officer has made an inquiry under section 7 on or before the date referred to in section 7(3)(a) or (b), as the case may be, if the result of the inquiry was as follows

(L.N. 254 of 2002)

(i) the information asked for was not received by the Electoral Registration Officer on or before the relevant date specified in subsection (5); (L.N. 254 of 2002)

(ii) the person, in response to the inquiry, has informed the Electoral Registration Officer that he or she does not wish to be registered;

(iii) the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is dead;

(iv) the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is disqualified from being registered or not qualified to be so registered;

(v) the Electoral Registration Officer is satisfied on reasonable grounds and notwithstanding any information to the contrary received by that Officer, that the person is dead; or

(vi) the Electoral Registration Officer is satisfied on reasonable grounds and notwithstanding any information to the contrary received by that Officer, that the person is disqualified from being registered or not qualified to be so registered;

(b) any person whose name is recorded in the existing final register, if the Registrar of Births and Deaths has informed the Electoral Registration Officer, on or before the relevant date specified in subsection (5), that the person is dead; and (L.N. 254 of 2002)

(2) If-

(a) the Electoral Registration Officer has reason to believe

(i) from information received in response to a requirement under section 6 or an inquiry under section 7 or otherwise; and

(ii) notwithstanding any information to the contrary received by that Officer,

that the address recorded in the existing final register against a person's name is no longer the person's principal residential address; and (L.N. 534 of 1997)

(b) the principal residential address of that person is not known to the Electoral Registration Officer at the time the omissions list is prepared,

that Officer must, for the purposes of subsection (1)(c), enter the name and principal residential address of that person on the omissions list.
(2A) Despite subsection (1), if-

(a) the Electoral Registration Officer is satisfied on reasonable grounds that-

(i) a person has served a sentence of imprisonment in Hong Kong;

(ii) the person used, under section 28(1B) of the Legislative Council Ordinance (Cap 542), an address for the purpose of registration; and

(iii) the imprisonment has terminated; and

that Officer must enter the name and the principal residential address on the omissions list without making an inquiry under section 7 in respect of the person. (L.N. 156 of 2009)
(3) The Electoral Registration Officer must, in a manner that Officer considers appropriate, show on the omissions list that the persons whose names and principal residential address are entered on the omissions list are those whose personal particulars that the Officer proposes to omit from the next final register.
(4) The Electoral Registration Officer may enter on the omissions list, the name and principal residential address of a person under-

(a) subsection (1)(a)(i), only if the inquiry was made from the person who is the subject of the inquiry and the Electoral Registration Officer has informed that person

(i) in writing, by registered post; and

(ii) at the address recorded against the person's name in the existing final register and any other address that Officer considers appropriate,

that the Electoral Registration Officer proposes to omit that person's name and other personal particulars from the next final register if the relevant information is not received by that Officer on or before the relevant date specified in subsection (5); or (L.N. 254 of 2002)

(b) subsection (1)(a)(ii), only if the inquiry was made from the person who is the subject of the inquiry.

(5) For the purposes of subsections (1)(a)(i) and (b) and (4)(a), the relevant date is, in relation to the compilation of-

(a) a provisional register for a District Council election year, 16 July in that year; or

(b) a provisional register for a year which is not a District Council election year, 16 May in that year. (L.N. 254 of 2002)

(L.N. 284 of 1999)