ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS)

(LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES)

(DISTRICT COUNCIL CONSTITUENCIES) REGULATION

(Cap. 541, sub. leg. A)

NOTICE OF CLAIM

(Section 15 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. 15(1)(a), (b), (c) or 15(2)]

1.I hereby give you notice of my claim that I am entitled to be registered as an elector. The circumstances giving rise to my claim are as follows:

(a)I have made an application to be registered as an elector but you have determined that I am not eligible to be registered [s. 15(1)(a)].

(b)I 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 application further [s. 15(1)(b)].

(c)I have made an application for registration but my personal particulars are not recorded in the provisional register [s. 15(1)(c)].

(d)My name and relevant particulars are included in an omissions list [s. 15(2)].

2.The grounds in support of my claim are as follows:

PART II:CLAIM REGARDING PARTICULARS[s. 15(3), (4) or (5)]

1.I hereby give you notice of my claim regarding my particulars as recorded in the register of electors. The circumstances giving rise to my claim are as follows:

(a)My name and relevant particulars are recorded in the

Legislative Council geographical constituency and the

District Council constituency of the provisional register, but I am entitled to have my name and relevant particulars recorded in the

Legislative Council geographical constituency and the

District Council constituency [s. 15(3)].

(b)I made a request to you to alter my particulars recorded in the existing final register, and you have refused my request [s. 15(4)].

(c)You have altered my particulars recorded in the existing final register without any request from me and I object to the alteration [s. 15(5)].

2.My particulars in the relevant register appear in the manner shown in the 2nd column of the table below, and I claim that my particulars should be amended in the manner as shown in the 3rd column of the same table.

1st column / 2nd column / 3rd column
Particulars / Description Shown on
the Relevant Register /

Alteration Claimed by Claimant

Name
Principal Residential
Address (Note 6)

3.The grounds in support of my claim are as follows:

PARTICULARS OF CLAIMANT:

Name:

Identity Document Number:

Residential Address:

Telephone Number:Fax Number:

Date:

(Signature of Claimant)

 Please tick where appropriate

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS)

(LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES)

(DISTRICT COUNCIL CONSTITUENCIES) REGULATION

(Cap. 541, sub. leg. A)

EXPLANATORY NOTES FOR COMPLETING A NOTICE OF CLAIM

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

(a)by any person who has made an application to be registered as an elector but failed and who claims for entitlement to be so registered;

(b)by any person whose particulars are included in an omissions list;

(c)by any elector regarding the Legislative Council geographical constituency and the District Council constituency in which he is registered in the provisional register; and

(d)by any elector regarding his particulars as entered in the existing final register.

2.You should refer to Note 3 and Note 4 to decide whether you should fill in Part I or Part II of the Notice.

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

In the following circumstances, you can lodge a Notice of Claim to claim that you are entitled to be registered as an elector if: -

(a)the Electoral Registration Officer has determined that you are not eligible to be registered [s.15(1)(a)]; or

(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.15(1)(b)]; or

(c)you have made an application for registration, but your particulars are not recorded in the provisional register [s.15(1)(c)]; or

(d)your particulars are included in an omissions list [s.15(2)].

4.Claim regarding particulars (Part II of the Notice)

In the following circumstances, you can make a claim if:

(a)your particulars are recorded in a Legislative Council geographical constituency and District Council constituency in the provisional register, you may claim that you are entitled to have your particulars recorded in a different Legislative Council geographical constituency and District Council constituency [s.15(3)]; or

(b)you made a request to the Electoral Registration Officer to alter your particulars as recorded in the existing final register and your request has been refused [s.15(4)]; or

(c)the Electoral Registration Officer on the basis of information obtained by him has altered your particulars as recorded in the existing final register and you object to the alteration [s.15(5)].

5.You should state the grounds in support of your claim either under Part I or Part II of the Notice. While not attempting to be exhaustive, the following are some examples:

Part I

(a)you have the required qualifications for registration as an elector such as being a Hong Kong permanent resident and having reached 18 years of age; or

(b)you are not disqualified from registration for:

(i)having been sentenced to death or imprisonment in Hong Kong or any other place and having not either served 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 of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201), or of 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 3 years from the date of conviction; or

(iv)having been found by the Court in accordance with 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

(a)your principal residential address entitles you to be registered in another Legislative Council geographical constituency and District Council constituency; or

(b)the particulars as claimed by you, as opposed to the particulars now appearing in the register, are correct.

6.“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.

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

8.You must deliver the Notice by hand in person at the office ofthe Electoral Registration Officer at the following addressesonor before 29 August 2007:

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.

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

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

11.The Revising Officer will, by notice, inform you of the date (which will be between 18August 2007 and 11 September 2007 in respect of Notices received by the Electoral Registration Officer on or before 29 August 2007), 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 be 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 not later than 1 day before the date of the hearing.

12.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 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.

13.These notes are for general guidance only. You should also refer to the Legislative Council Ordinance (Cap. 542), 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 Publications Sales Unit of the Information Services Department.

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

15.You should note the following personal information collection statement:

(a)Purpose of Collection

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 request.

(b)Transfer of Information

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

(c)Access to Personal Data and Enquiry

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 and enquiries should be made in writing to the Electoral Registration Officer at 10th Floor, Harbour Centre, 25 Harbour Road, Wan Chai, Hong Kong.

Registration and Electoral Office

August 2007

To:Revising Officer

I *will / will not be represented by *a legal practitioner / any other person.

I *do / do not wish to appear at the hearing of my claim.

(Signature of Claimant)

Name of Claimant:

Tel. No.:

Fax No.:

Date:

* Delete whichever is inappropriate

REO-602(2007)