Entitlement
to vote.
Qualification for
registration
as an elector.
First Schedule.
Second Schedule.
(Cap. 367.)
Restriction on registration.
Second Schedule.
Disqualification
from voting
or being
registered.
First Schedule.
Second Schedule.
(Cap. 136.)
PART III
ELECTORAL FRANCHISE AND ELIGIBILITY TO REGISTER
12. (1) Subject to this Ordinance, a person shall be entitled to vote at an election in an electoral college constituency if, and shall not be so entitled unless, that person is registered as an elector in that constituency.
(2) Subject to this Ordinance, a person shall be entitled to vote at an election in a functional constituency if, and shall not be so entitled unless, that person is registered as an elector in that constituency.
13. (1) Subject to this Ordinance, a person shall be entitled to be registered as an elector in a constituency if, and shall not be so entitled unless-
(a) in the case of an electoral college constituency, that person is a person specified opposite that constituency in the second column of the First Schedule and is not disqualified under section 15; or
(b) in the case of a functional constituency and subject to subsection (2), that person is a person specified opposite that constituency in the third column of the Second Schedule and is not disqualified under section 15.
(2) No individual shall be entitled to be registered as an elector in a functional constituency unless he is registered as an elector under the Electoral Provisions Ordinance.
(3) For the purpose of enabling individuals to vote in an election held under section 3 in 1985 subsection (2) shall have effect in relation to such election as if for "is registered" there were substituted "is registered or entitled to be registered".
14. (1) A person entitled to be registered in more than one electoral college constituency may be registered in one such constituency only, of that person's choice.
(2) A person entitled to be registered in more than one functional constituency may be registered in one such constituency only, of that person's choice; but nothing in this subsection shall prevent a person specified in the third column of item 4 of the Second Schedule from being registered in more than one functional constituency specified in that item.
15. (1) A person registered as an elector shall be disqualified from voting at an election, if that person-
(a) in the case of an electoral college constituency, has ceased to be an eligible person by reason of that person having ceased to be a person specified in the second column of the First Schedule; or
(b) in the case of a functional constituency, has ceased to be an eligible person by reason of that person having ceased to be a person specified in the third column of the Second Schedule.
(2) A person shall be disqualified from being registered as an elector, or even if registered, from voting at an election, if-
(a) he has in Hong Kong or any other place been sentenced to death or imprisonment (by whatever name called) for a term exceeding 6 months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted or received a free pardon;
(b) under the Mental Health Ordinance, he is alleged to be a mentally disordered person and the Court under that Ordinance has decided that he is of unsound mind and incapable of managing himself and his affairs; (c) he is a member of the regular armed forces of the Crown, not being-
(i) a locally enlisted member of such forces; or
(ii) a commissioned officer who has previously served as such an enlisted member:
'd) without prejudice to paragraph (a), where the election is to be held or is held within 7 years from the date of his conviction he has been convicted-
(i) of a corrupt practice or of an illegal practice within the meaning of the Corrupt and Illegal Practices Ordinance, other than the illegal practice (Cap. 288.) consisting of a contravention of any of the provisions of section 19(2) of that Ordinance, or of a corrupt or illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices;
(ii) of any offence under the Prevention of Bribery Ordinance; or (e) on the date he applies for registration or on the date of the election, he is
serving a sentence of imprisonment.
(3) An individual shall not be disqualified from voting at an election by reason only that he is lawfully employed for payment by or on behalf of a candidate at such election.
PART IV
REGISTRATION OF ELECTORS
(Cap, 201.)
16. (1) For the purpose of the registration of electors, the Governor may Registration appoint a registration officer and such number of assistant registration officers as he officer and staff. thinks fit.
(2) Notice of the appointment of a person as registration officer and his address shall be published in the Gazette.
(3) The registration officer shall be provided with such staff as may be required from time to time.
17. (1) A final register shall come into force on the date of publication thereof Coming into and shall remain in force until the publication of the next final register in respect of force of register. the same constituency.
(2) The registration officer may rectify any clerical or printing error or any incorrect name, address or other personal particulars appearing in any register.
18. (1) The Chief Justice may appoint any magistrate or any legal officer Revising officer. (within the meaning of the Legal Officers Ordinance) to perform the functions of the (Cap. 87.) revising officer.
(2) In the absence of an appointment under subsection (1), the Registrar shall perform the functions of the revising officer under and in accordance with this Ordinance.
(3) While the revising officer is sitting as such he shall have the powers and protection of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates (Cap. 227.) Ordinance and any decision of the revising officer on any appeal under this Ordinance shall be final.
19. The Governor in Council may by regulations provide for-
(a) the registration of electors;
Power to make regulations in respect of Parts III
(b) the form, compilation, revision and correction, and the manner of publica- and IV.
tion, of a provisional register and a final register in respect of every constituency;
(c) the ascertainment of the qualifications of electors;
(d) the functions of a revising officer;
(e) appeals to a revising officer from decisions of the registration officer; (f) generally, the carrying into effect of Part III and this part.