4. Electoral Registration Officer to compile and publish provisional register
(1) The Electoral Registration Officer shall compile and publish in accordance with the EAC Regulations a provisional register of members of the Election Committee—
- (a) not later than 30 November 2001; and
- (b) thereafter, within 14 days after the making of a vacancy declaration.
(2) The Electoral Registration Officer is not required to compile and publish a provisional register of members of the Election Committee under subsection (1)(b) if—
- (a) the vacancy declaration is made before 30 November 2002 or within 12 months after the date of the making of another vacancy declaration; or
- (b) the election to fill the vacancy referred to in the vacancy declaration is to be held on a date that falls outside the term of office of the Election Committee.
(3) A provisional register of members of the Election Committee is to be based on the existing final register of members of the Election Committee.
(4) In compiling a provisional register of members of the Election Committee, the Electoral Registration Officer shall—
- (a) after scrutinizing the existing final register of members of the Election Committee, strike out the names and other relevant particulars of those persons (other than ex-officio members) whom the Electoral Registration Officer is satisfied on reasonable grounds, on the relevant date, as—
- (i) being dead;
- (ii) having resigned, or being deemed to have resigned, from the Election Committee under section 3; or
- (iii) having ceased to be registered or eligible to be registered, or having been disqualified from being registered, under the Legislative Council Ordinance (Cap. 542) as an elector for a geographical constituency; and
- (b) enter the names and other relevant particulars of those persons on an omissions list.
(5) As soon as practicable after complying with subsection (4), the Electoral Registration Officer shall publish—
- (a) in the Gazette; and
- (b) in such other publications (if any) as are prescribed by the EAC Regulations, a notice to the effect that the names and other relevant particulars of persons who are no longer eligible to have their names included in the final register of members of the Election Committee have been entered on an omissions list and specifying the times and the place at which the omissions list may be inspected.
(6) The Electoral Registration Officer shall, for the period prescribed for the purposes of this subsection by the EAC Regulations—
- (a) keep the omissions list at that Officer’s office; and
- (b) during the ordinary business hours of that office, make that list available for inspection by members of the public, free of charge.
(7) In this section—
“existing final register of members of the Election Committee” (現有選舉委員會正式委員登記冊), in relation to—
- (a) the compilation of the provisional register of members of the Election Committee to be compiled and published not later than 30 November 2001, means the final register of members of the Election Committee that was in effect immediately before the commencement of section 65(b) of this Ordinance, under section 33(2) of the Legislative Council Ordinance (Cap. 542);
- (b) the compilation of a provisional register of members of the Election Committee to be compiled and published after the making of a vacancy declaration, means the final register of members of the Election Committee that is in effect under section 43 on the date of the making of the vacancy declaration;
