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Ex-officio Members of the Election Committee

Who May Register?

Please click links below for details of the eligibility for registration as an ex-officio member of an Election Committee (EC) subsector:


Architectural, Surveying, Planning and Landscape
Education
Engineering
Legal
Medical and Health Services
Social Welfare
Members of the Legislative Council
Hong Kong Special Administrative Region deputies to the National People's Congress and Hong Kong Special Administrative Region members of the National Committee of the Chinese People's Political Consultative Conference

How to Register


Who is Eligible to Apply for Registration
To register as an ex-officio member, you must:
  1. possess the qualifications required for registration as an ex-officio member in an Election Committee (EC) subsector (You may click the above links for the eligibility for registration in each subsector );
  2. be registered as an elector in a Geographical Constituency (“GC”) or are eligible and have applied to be so registered (You may click here for GC elector requirement);
  3. not subject to any disqualification from registration (You may click here for details of disqualification).

Points to Note

  1. All eligible ex-officio members are required to submit registration form to the Electoral Registration Officer (“ERO”) and the validity of their registration will be determined by the Candidate Eligibility Review Committee (“CERC”). When the ex-officio members submit the registration forms, there should be a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the HKSAR for the relevant form to be considered valid.
  2. Generally speaking, the holders of the specified offices in each of the subsector (i.e. specified persons) may register as the ex-officio members of that subsector. However, under the following circumstances, the specified persons may designate another person (i.e. designated person) who is holding an office in a relevant body to be registered as the ex-officio member of that subsector:
    1. the specified person is ineligible to be registered as ex-officio member, including:
      1. he is not registered as an elector (or has not made an application to be so registered) under the Legislative Council Ordinance (Cap. 542) in the existing GCs final register or is disqualified from being registered as an elector for a GC; or
      2. he is:
        (a) a principal official appointed pursuant to a nomination under Article 48(5) of the Basic Law;
        (b) a directorate officer of the Government;
        (c) an Administrative Officer of the Government;
        (d) an Information Officer of the Government;
        (e) a police officer; or
        (f) any other civil servant who is holding an office specified in the official capacity; or
    2. the specified person is holding more than one specified office, except non-applicable subsectors (that are Legal subsector, Members of the Legislative Council subsector and Hong Kong Special Administrative Region deputies to the National People's Congress (“NPC”)and Hong Kong Special Administrative Region members of the National Committee of the Chinese People's Political Consultative Conference(“CPPCC”) subsector).
  3. An ex-officio member or a holder of the specified office may not become an EC member through nomination or election. A specified person would be deemed to have resigned from the EC if he / she no longer holds the relevant specified office. Each person may only be registered as the ex-officio member of one subsector.
  4. All HKSAR deputies to the NPC and CPPCC are the ex-officio members of the EC. Their registration will be coordinated by Friends of Hong Kong Association Limited. The registration arrangement is as follows:
    1. If an NPC deputy or CPPCC member is also a holder of specified office in another subsector (“specified subsectors”) (i.e. subsectors that are not the NPC and CPPCC subsector), he may only register as the ex-officio member of that specified subsector; if he holds more than one specified office in a non-NPC-and-CPPCC subsector, then he may choose to be the ex-officio member of one of the specified subsectors, and designate a person to be the ex-officio member of the remaining subsector (This arrangement to designate a person to be the ex-officio member does not apply to the ex-officio seats in the Legal subsector nor the Members of the Members of the Legislative Council subsector) in accordance with the requirements; and
    2. if the total number of NPC deputies and CPPCC members who are eligible to be registered as ex-officio members after deducting the number of members registered in specified subsectors per subparagraph (a) above exceeds the total 190 seats assigned to the NPC and CPPCC subsector, then those NPC deputies and CPPCC members may choose to register as ex-officio members in other subsectors that they have substantial connection with. If there are NPC deputies or CPPCC members who choose to register in other subsectors as described in this paragraph, then the number of ex-officio seats of that subsector will increase and the number of elected seats of that subsector will decrease accordingly. After the NPC deputies and CPPCC members are registered as the EC members of the relevant subsectors, the number of ex-officio EC member, and EC members to be returned by nomination or election for each subsector should remain unchanged during that term of the EC.

Who is Disqualified from being Registered

  1. A person is disqualified from being registered as an ex-officio member if the person—
    1. has in Hong Kong or in any other place been sentenced to death or imprisonment (by whatever name called) and has not either—
      1. served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or
        2. a
      2. received a free pardon;
    2. on the date of submission of the registration from, is serving a sentence of imprisonment;
    3. without limiting paragraph (a), where the registration form is submitted within 5 years after the date of the person’s conviction, is or has been convicted—
      1. of having engaged in corrupt conduct or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);
      2. of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or
      3. of any offence prescribed by section 7 of Schedule 4A to the District Councils Ordinance (Cap. 547) or the EAC Regulations;
    4. is found for the time being under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or
    5. is a member of the armed forces of the People’s Republic of China or any other country or territory.
  2. Without prejudice to section 13(1)(c) of the Electoral Affairs Commission Ordinance (Cap. 541), a person is also disqualified from being registered as an ex-officio member if, within the 5 years before the date of submission of the registration form—
    1. the person has vacated an office, or has been disqualified from entering on an office, under the law, for declining or neglecting to take a specified oath; or
    2. the person has been declared or decided in accordance with any law—
      1. to be in breach of a specified oath; or
      2. to have failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.

Appeals in relation to registration of ex-officio members as members of Election Committee

For details, please refer to section 4A of Election Committee (Appeals) Regulation (Cap. 569 sub. leg. A)


Personal Information Collection Statement

Purpose of Collection
The personal data and other related information and documentary proofs (if applicable) provided by the Association/NPC deputy/CPPCC member/you by means of the application form will be used by the Registration and Electoral Office for registration as the ex-officio member of the Election Committee and for election-related purposes. The provision of personal data by the Association/NPC deputy/CPPCC member/you and other related information in the application form is voluntary. However, if the Association/NPC deputy/CPPCC member/you does not provide adequate and accurate data, the Registration and Electoral Office may not be able to process the application for registration. If necessary, the Electoral Registration Officer may require a specified body, public authority or any other persons to furnish the personal data of the NPC deputy/CPPCC member/you for data matching when preparing a register. If the Candidate Eligibility Review Committee has determined that the related person is eligible to be registered as an ex-officio member of the Election Committee, the name of the related person will be compiled in a register and made available for inspection by specified persons.

Transfer of Information
The information provided in this application may be provided by the Registration and Electoral Office to other authorised department(s)/organisation(s)/person(s) for the purposes of voter registration, election and purposes related thereto in accordance with the relevant Ordinances and/or subsidiary legislation.

Access to Personal Data and Enquiry
For access to and/or correction of personal data and other related information you provided, please address your request to the Electoral Registration Officer in writing (Address: 8/F, Treasury Building, 3 Tonkin Street West, Cheung Sha Wan, Kowloon). Any person who uses the personal data provided in the application form without the express prior consent of the data subject for any purposes other than the purposes stated above may contravene the Personal Data (Privacy) Ordinance (Cap. 486).


Language Preference for Election-related Communications

Normally, election-related communications issued to electors by the Registration and Electoral Office are in both Chinese and English. Your language preference would facilitate candidates' communications with you at elections in the language of your choice. If you do not complete this section, it will be assumed that your preferred language is Chinese.


Note: The above content is for general information only. For more details, applicants may refer to the Legislative Council Ordinance (Cap. 542), the Chief Executive Election Ordinance (Cap. 569), the Electoral Affairs Commission Ordinance (Cap. 541) and subsidiary legislations made thereunder. The legislations can be found on the website: www.legislation.gov.hk and are on sale at the Government Bookstore (www.bookstore.gov.hk) or Publications Sales Unit of Information Services Department.