PLC Paper No. LS 73

Paper for the House Committee Meeting
of Provisional Legislative Council on 23 January 1998

Legal Service Division Report on
Subsidiary Legislation Gazetted on 9 January 1998

Date of Tabling in Provisional LegCo : 14 January 1998
Amendment to be made by : 11 February 1998 (or 18 February 1998 if extended by resolution)

Legislative Council Ordinance (134 of 1997)

Legislative Council (Formation of Election Committee) (Appeals) Regulation (L.N. 1)

This Regulation provides for the right of a person -

  1. claiming to be a candidate at an Election Committee (EC) subsector election to appeal to a Revising Officer (RO) against the result of that EC subsector election by lodging an appeal notice;

  2. who is registered as an elector for a functional constituency (FC) and is registered as an ex-officio member in the final register of members of the EC to submit a written representation to the RO to object to his registration as an ex-officio member of the EC; and

  3. to object to the registration of a declared member (who is defined under section 1 to mean a nominee in the religious subsector who is declared by the Returning Officer to become a member of the EC) as a member of the EC in the final register of members of the EC and request the RO to determine whether some other nominee nominated by the designated religious bodies should be declared and registered as a member of the EC instead.

The Regulation also requires the RO to -

  1. fix a date, time and place for a hearing in relation to any appeal notice or written representation;

  2. make rulings in relation to any appeal notice or written representation;

  3. notify the appellant and other persons concerned the result as regards any appeal notice or written representation; and

  4. notify the Electoral Registration Officer (ERO) of his ruling and direct the ERO to incorporate the ruling in the final register of members of the Election Committee.

The Regulation further enables the RO to review his ruling and enable him to require the ERO and Returning Officer to provide information.

The determination made by the RO on the appeal cases is final.

Members may refer to the PLC Brief File Reference : CAB C/130/17 of 8 January 1998 from Constitutional Affairs Bureau for background information.

The Subcommittee on subsidiary legislation relating to LegCo election will study this item in detail.

Prisons Ordinance (Cap. 234)

Prisons (Amendment) Order 1998 (L. N. 12)

This Order sets apart the Annex Block of Tung Tau Correctional Institution as a prison.

The Order will come into operation on 9 January 1998.

Prepared by Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
13 January 1998