1965-HKRS30-8-56_Part02 — Page 19

Powers and

procedure on application for inclusion

in final

register. where no abjection

is made.

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16. (1) If the registration officer receives an application in accordance with regulation 13 for inclusion in the final register and no objection has been made thereto in accordance with regulation 15, he shall, as soon as may be after the last day on which such an objection could be made under regulation 15, either-

(a) rule that the applicant is entitled to be registered; or (b) rule that the applicant is not entitled to be registered:

Provided that before ruling either that the applicant is entitled to be registered or not entitled to be registered, the registration officer may, at any time after receiving the application, refer the matter back to the applicant for further particulars or for further proof of his entitlement to registration, and take no further action on the application unless, in the case of an application made in the year 1966, such particulam or proof are supplied to his satisfaction before the 11th day of December 1966, or in the case of an application made in any subsequent year, such particulars or proof are supplied to his satisfaction before the 11th day of September of the year in which the application was made.

(2) If the registration officer rules that the applicant is entitled to be registered as an elector he shall forthwith register the applicant on the final register and inform the applicant in writing accordingly.

(3) If the registration officer rules that the applicant is not entitled to be registered as an clector he shall forthwith obtain from the revising officer a dute, time and place, being a date during the period commencing on the 16th day of September and ending on the 15th day of October of the year in which the application was lodged, for the hearing by the revising officer of representations (if any) respecting such ruling, and shall thereupon, as soon as may be, send to the applicant a notice of refusal of registration stating-

(a) that such registration has been refused, and giving the reason

therefor; and

(6) that the application has been referred to the revising officer who will sit on a date and at a time and place to be stipulated in the notice (being the date, time and place obtained as afore said); and

(c) that if the applicant feels aggrieved by such refusal he may appear either in person or by any other person on bis beball before the revising officer on the stipulated date and at the stipulated time and place and be heard, or (whether he will appear or not) make written representations so as to reach the revising officer, at an address to be given in such notice, before the stipulated date, and obtained the determination of the revising officer on such refusal; and

(d) that if the applicant does not appear either in person or by any other person on his behalf before the revising officer on

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the stipulated date and at the stipulated time and place and no written representations have been received from him by the revising officer before such date, the revising officer may assume that his determination on such refusal is not required and that, in such case, the registration officer's refusal of registration will stand:

Provided that, in respect of an application for inclusion in the final register to be compiled and published on or before the 1st day of April 1967, the date obtained from the revising officer and stipulated in the notice to the applicant shall be a date during the period commencing on the 16th day of December 1966 and ending on the 15th day of January 1967.

(4) If the applicant does not appear either in person or by any other person on his behalf before the revising officer on the date and at the time and place stipulated in the notice sent to him under para- graph (3) and no written representations have been received from him by the revising officer before such date, the revising officer may assume that his determination on the ruling of the registration officer is not required, and accordingly such ruling shall stand.

17. (1) In the case of an application in accordance with regulation Procedure on 13 for inclusion in the final register in respect of which an objection in application

for inclusion accordance with regulation 15 has been made, the registration officer in final shall forthwith refer both the matter of the application and the matter register,

where objec- of the objection to the revising officer for decision and obtain from the gon is made. revising officer a date, time and place for the hearing of the application and objection, being a date during the period commencing on the 16th day of September and ending on the 15th day of October of the year in which such application and objection were made, and shall thereafter, as soon as may be, notify in writing both the applicant and the objector that the application and objection have been referred to the revising officer for decision on the date and at the time and place stipulated in the notice (being the date, time and place aforesaid) and that the applicant and objector may each appear before the revising officer on such date and at such time and place either in person or by any other person on his behalf, and be heard, or (whether he will appear or not) make written representations so as to reach the revising officer, at an address to be given in such notice, before the stipulated date:

Provided that, in respect of an application made in the year 1966, the date obtained from the revising officer and stipulated in the notice shall be a date during the period commencing on the 16th day of December 1966 and ending on the 15th day of January 1967.

(2) Every application and objection as aforesaid shall be considered by the revising officer who shall give his decision thereon, but where the applicant or the objector does not appear either in person or by any