BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - CHAPTER 432B BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - LONG TITLE Empowering section (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 (Not adopted as the Laws of the HKSAR. See Decision of the Standing Committee of the National People's Congress on Treatment of the Laws Previously in Force in Hong Kong in accordance with Article 160 of the Basic Law of the HKSAR of the People's Republic of China (Cap 2206 in this database)) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 432 section 7) (30 June 1994) (L.N. 295 of 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 1 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 PART I PRELIMINARY (Omitted as spent) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 2 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Regulation, unless the context otherwise requires- "by-election" (補選) has the meaning assigned to it by section 2(1) of the Electoral Provisions Ordinance (Cap 367); "constituency" (選區) means, in relation to a particular election, a geographical constituency for that election; (L.N. 221 of 1995) "counting agent" (監察點票代理人) means a person appointed under section 43; (L.N. 221 of 1995) "counting station" (點票站) means a place designated under section 19 for one or more of the purposes specified in subsection (1)(b), (c) and (d) of that section; (L.N. 221 of 1995) "election" (選舉) means an ordinary election or a by-election; (L.N. 221 of 1995) "election advertisement" (競選廣告) means any publicity material used or intended to be used by or on behalf of a candidate for the purpose of promoting or advertising that candidate in connection with an election; "election agent" (選舉代理人) means a person appointed as an election agent under section 15; "election expense agent" (選舉開支代理人) means a person authorized under section 16A for the purpose of incurring election expenses; (L.N. 221 of 1995) "election expenses" (選舉開支) has the meaning assigned to it by section 2 of the Corrupt and Illegal Practices Ordinance (Cap 288); (L.N. 221 of 1995) "election petition" (選舉呈請、選舉呈請書) has the meaning assigned to it by section 2(1) of the Electoral Provisions Ordinance (Cap 367); "functional constituency" (功能組別) has the meaning assigned to it by section 2 of the Legislative Council (Electoral Provisions) Ordinance (Cap 381); (L.N. 221 of 1995) "geographical constituency" (地方選區) means, in relation to a particular election, an area declared under section 3 of the Electoral Provisions Ordinance (Cap 367) to be a constituency for the purposes of that election; (L.N. 221 of 1995) "no canvassing area" (禁止拉票區) means, in relation to a polling station, the area declared under section 25 to be such an area in respect of that polling station; (L.N. 221 of 1995) "no staying area" (禁止逗留區) means, in relation to a polling station, the area declared under section 25 to be such an area in respect of that polling station; (L.N. 221 of 1995) "nomination paper" (提名書) means a document in the specified form submitted under Part II for the purpose of nominating a person as a candidate; (L.N. 221 of 1995) "nomination period" (提名期) in relation to a constituency in respect of- (a) an ordinary election; or (b) a by-election, means the period specified in a notice of ordinary election or a notice of by-election respectively, relating to that constituency, as the period for receipt by the returning officer of nominations in respect of that constituency; "notice of by-election" (補選公告) means a notice published under section 4, 5 or 14; "notice of ordinary election" (一般選舉公告) means a notice published under section 3(1); "ordinary election" (一般選舉) has the meaning assigned to it by section 2(1) of the Electoral Provisions Ordinance (Cap 367); "polling agent" (監察投票代理人) means a person appointed under section 27; (L.N. 221 of 1995) "polling station" (投票站) means a place designated- (a) under section 19 for the purpose of conducting a poll in respect of an election under this Regulation; or (b) under section 20 of the Boundary and Election Commission (Electoral Procedure) (Functional Constituencies and Election Committee Constituency) Regulation (Cap 432 sub. leg.) for the purpose of conducting a poll referred to in paragraph (a) and a poll in respect of an election or a by-election held under the Legislative Council (Electoral Provisions) Ordinance (Cap 381); (L.N. 221 of 1995) "presiding officer" (投票站主任) means a person appointed under section 20(1)(a) to preside at a polling station; (L.N. 221 of 1995) "returning officer" (選舉主任) has the meaning assigned to it by section 2(1) of the Electoral Provisions Ordinance (Cap 367); "specified address" (指明地址) in relation to a constituency means the address specified in a notice of ordinary election or notice of by-election in respect of that constituency as the address at which nominations in relation to that constituency for the purposes of that election or by-election must be submitted; (L.N. 221 of 1995) "specified form" (指明格式) in relation to any purpose under this Regulation means the form specified under section 75 by the Commission for such purpose; (L.N. 221 of 1995) "specified polling station" (指明投票站) means a polling station designated under section 19(6)(a); (L.N. 221 of 1995) "working day" (工作日) means any day other than a general holiday or Saturday. (2) In this Regulation any reference to- (a) (Repealed L.N. 221 of 1995) (b) a "Form" followed by a number means the form bearing that number prescribed in the Schedule; (c) a returning officer in relation to a particular constituency shall be construed as a reference to the returning officer appointed in respect of that constituency or the District in which such constituency is located, as the case may be; and (d) a presiding officer or counting officer in relation to a polling station or counting station, as the case may be, shall be construed as a reference to the presiding officer or counting officer respectively appointed in respect of that polling station or counting station. (L.N. 221 of 1995) (3) In this Regulation- (a) "candidate" (候選人) means- (i) on section 77 and the definition of "election advertisement"- (A) a person who intends to stand for election to act as a member of the Legislative Council, the Urban Council, the Regional Council or a District Board (whether or not he has submitted a nomination paper for the purpose under Part II) in an election; or (B) a validly nominated candidate in respect of a constituency as regards which a poll is being or has been held in the relevant election; (ii) in Part II, a person referred to in subparagraph (i)(A); and (iii) in Parts III, IV, V, VI and VII (except in section 77), a person referred to in subparagraph (i)(B); (b) any reference to nominating a person as a candidate or being nominated as a candidate shall be construed as a reference to nominating or being nominated under Part II to stand for election to act as a member of the Legislative Council, the Urban Council, the Regional Council or a District Board as the case may require; (c) any reference to a "validly nominated candidate" shall be construed as a reference to a person whom the returning officer has decided under section 9 to be a validly nominated candidate in respect of the constituency for which he has submitted a nomination paper or a candidate who, under section 9(2), is deemed to stand nominated; and (d) any reference to a candidate in relation to a constituency shall be construed as a reference to a candidate standing for election for that constituency in an election to act as a member of the Legislative Council, the Urban Council, the Regional Council or a District Board as the case may require. (L.N. 221 of 1995) (Enacted 1994; L.N. 221 of 1995) "by-election" (補選) "constituency" (選區) "counting agent" (監察點票代理人) "counting station" (點票站) "election" (選舉) "election advertisement" (競選廣告) "election agent" (選舉代理人) "election expense agent" (選舉開支代理人) "election expenses" (選舉開支) "election petition" (選舉呈請、選舉呈請書) "functional constituency" (能組別) "geographical constituency" (地方選區) "no canvassing area" (禁止拉票區) "no staying area" (禁止逗留區) "nomination paper" (提名書) "nomination period" (提名期) "notice of by-election" (補選公告) "notice of ordinary election" (一般選舉公告) "ordinary election" (一般選舉) "polling agent" (監察投票代理人) "polling station" (投票站) "presiding officer" (投票站主任) "returning officer" (選舉主任) "specified address" (指明地址) "specified form" (指明格式) "specified polling station" (指明投票站) "working day" (工作日) "candidate" (候選人) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 3 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 3 Notice of ordinary election VerDate:30/06/1997 PART II STAGES OF ELECTION PRECEDING A POLL (1) After a notice for the purposes of section 5A(3) of the Electoral Provisions Ordinance (Cap. 367) is published in the Gazette, the Chief Electoral Officer shall, as regards the election to which that notice relates, publish in the Gazette, a notice which shall- (a) contain the name of each constituency; (b) state that any nomination of a candidate must be made so as to be received by the returning officer on a working day during office hours within the period specified for the purpose in the notice; (c) specify an address for the delivery of such nominations and the address of the place from which nomination papers may be obtained; and (d) state the date on which the election is to be held and that there will be a poll on that date unless the number of validly nominated candidates is less than 2. (2) The Chief Electoral Officer shall publish in the Gazette, as regards an ordinary election in respect of- (a) the Urban Council or the Regional Council, on a date between 2 and 15 January- (i) in 1995; and (ii) in every fourth year after 1995; and (b) the District Boards, on a date between 26 July and 8 August- (i) in 1994; and (ii) in every fourth year after 1994, a notice which shall in each case contain in relation to the relevant election the particulars required to be contained, stated or specified in a notice published under subsection (1). (3) The period for the purposes of subsection (1)(b) shall as regards each constituency- (a) be determined by the Chief Electoral Officer; (b) be a period beginning not earlier than the date of the publication of the notice and not less than 14 days or more than 21 days in duration; and (c) be a period ending not less than 28 days and not more than 42 days before the date on which the election concerned is to be held. (4) Subject to this section a notice under subsection (1) or (2) shall be in the specified form. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 4 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 4 Notice of by-election where office of member declared vacant VerDate:30/06/1997 (1) Not later than 14 days beginning on the date a notice under section 5G of the Electoral Provisions Ordinance (Cap. 367) is published as regards a constituency, the Chief Electoral Officer shall, subject to section 5H(2) of that Ordinance, publish in the Gazette a notice which shall contain, as regards the relevant constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1). (2) Where a notification of a vacancy in the office of a member is published under- (a) section 18 of the Urban Council Ordinance (Cap. 101); (b) section 20 of the Regional Council Ordinance (Cap. 385); or (c) section 14 of the District Boards Ordinance (Cap. 366), the Chief Electoral Officer shall, subject to section 24(2) of the Electoral Provisions Ordinance (Cap. 367), and not later than 14 days beginning on the date of such publication, publish in the Gazette a notice which shall contain, as regards the relevant constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1). (3) Section 3(3) and (4) shall apply in relation to a notice under this section subject to necessary modifications. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 5 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 5 Notice of by-election where election is countermanded VerDate:30/06/1997 (1) If, at any election, after the expiry of the nomination period and before the declaration of the result of the election as regards a particular constituency, it is established to the satisfaction of the returning officer that a validly nominated candidate for election in respect of that constituency has died or has become disqualified from being elected, the returning officer shall forthwith declare, by issuing a notice in the specified form, that the election in respect of that constituency is countermanded. (2) The returning officer shall publish in the Gazette the notice referred to in subsection (1) as soon as practicable after the declaration under that subsection is made. (3) Subject to sections 5H(2) and 24(2) of the Electoral Provisions Ordinance (Cap. 367), not later than 14 days beginning on the date of publication of a notice under subsection (2), the returning officer shall publish in the Gazette a notice, which shall contain as regards that constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1). (4) Section 3(3) and (4) shall apply in relation to a notice under subsection (3) subject to necessary modifications. (5) The date (which shall be stated in the notice under subsection (3)) for holding a by-election pursuant to this section shall be appointed by the Commission and shall not be later than 60 days from the date on which the countermanded election was or would have been held. (L.N. 396 of 1994) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 6 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 6 Nomination of candidates VerDate:30/06/1997 (1) A person shall be nominated by as a candidate the delivery of a nomination paper signed by him and subscribed in accordance with any regulations made under the Electoral Provisions Ordinance (Cap. 367)- (L.N. 221 of 1995) (a) to the returning officer; (b) within the nomination period; (c) at the specified address; and (d) by the candidate in person or in such other manner as authorized by the Chief Electoral Officer. (2) The nomination paper shall- (a) state the identity card number, name and residential address of the person being nominated as a candidate; (b) state the identity card number, name and residential address of each of its subscribers; (c) contain a declaration by the person referred to in paragraph (a) to the effect that he is qualified for nomination as a candidate, that he is not disqualified from being so nominated and that he consents to his nomination as such; and (d) contain such other particulars or information (if any) required to be furnished in the specified form. (L.N. 221 of 1995) (3) The nomination paper shall be signed by each subscriber. (4) The returning officer may, as regards any nomination, require a person in respect of whom a nomination paper has been submitted to furnish such other information as he considers appropriate to satisfy himself as to whether that person is qualified to be nominated or as to the validity of the nomination, in addition to the particulars and information required to be furnished under subsection (2). (L.N. 221 of 1995) (5) Subject to subsection (2), a nomination paper shall be in the specified form. (6) Only one person can be nominated as a candidate by one nomination paper. (L.N. 221 of 1995) (7) The particulars or information referred to in subsection (2)(d) may differ having regard to the election to which the nomination relates. (8) Without prejudice to section 9 or the effect of non-compliance with any requirement imposed in relation to a nomination by any regulations made under the Electoral Provisions Ordinance (Cap. 367), a nomination paper which does not comply with any requirement specified in or made under this section shall be invalid. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 7 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 7 Inspection of nomination paper VerDate:30/06/1997 (1) The returning officer shall make available for inspection by the public, at the specified address, during office hours on any working day until the publication of the relevant notice of the result of the election under this Regulation, a copy of any nomination paper received by him. (L.N. 221 of 1995) (2) The returning officer may at the request of an elector render any assistance necessary for the preparation of a nomination paper for signature. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 8 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 8 Nomination and deposit VerDate:30/06/1997 (1) The returning officer shall not accept a nomination paper unless it is accompanied by the appropriate deposit. (2) Where a deposit is received by the returning officer, he shall issue a receipt for the amount of the deposit. (3) In this section "appropriate deposit" (適當的按金) means, having regard to whether the election is in respect of the Legislative Council, the Urban Council, the Regional Council or a District Board, the amount which is prescribed by any regulations made under the Electoral Provisions Ordinance (Cap 367), as the deposit payable as regards the nomination of a candidate in respect of that election. (Enacted 1994) "appropriate deposit" (適當的按金) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 9 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 9 Decision as to validity of a nomination paper VerDate:30/06/1997 (1) The returning officer shall, as soon as practicable after each nomination paper is received, examine the nomination paper to decide whether the candidate concerned has been validly nominated. (2) Where a nomination paper is received by the returning officer in accordance with sections 6 and 8, the candidate shall be deemed to stand nominated unless- (a) the returning officer decides that the nomination paper is invalid; or (b) the candidate withdraws his candidature. (L.N. 396 of 1994) (3) Without prejudice to section 18 of the Electoral Provisions Ordinance (Cap 367), the returning officer may decide that a nomination paper is invalid, if and only if- (a) the number of persons who have subscribed to the nomination paper is not, or the qualifications of any person who has subscribed thereto are not, as required by any regulations made under the Electoral Provisions Ordinance (Cap 367); (b) the nomination paper has not been completed or signed as required under this Regulation; (c) the returning officer is satisfied that the candidate is not qualified to be, or is disqualified from being, nominated as a candidate under the Electoral Provisions Ordinance (Cap 367); (ca) the candidate has been nominated for another constituency in the same election and the returning officer is not satisfied that the candidate has withdrawn that candidature; (L.N. 396 of 1994; L.N. 221 of 1995) (cb) the candidate has not paid the appropriate deposit; or (L.N. 221 of 1995) (d) the returning officer is satisfied that the candidate is dead. (3A) In deciding for the purposes of this section whether a person is qualified to be nominated or disqualified from being nominated as a candidate, the returning officer shall have regard- (a) to any advice given by the Nominations Advisory Committee pursuant to an application made by that returning officer under the Boundary and Election Commission (Nominations Advisory Committee) Regulation (Cap 432 sub. leg.); and (b) to any advice given on an application made by that person to the Nominations Advisory Committee under that Regulation or where advice has not been given on the application, any other result of the application. (L.N. 221 of 1995) (4) Subject to subsection (4A), where it appears to the returning officer that there is an error in the nomination paper which constitutes a ground for deciding that a nomination paper is invalid under subsection (3) but it is an error which can be corrected within the nomination period, he may give the candidate a reasonable opportunity for correcting the error before making a decision under subsection (1). (L.N. 221 of 1995) (4A) A correction under subsection (4) shall not be made after the expiry of the nomination period. (L.N. 221 of 1995) (5) Where the returning officer decides that a nomination paper is invalid, he shall endorse on the paper his decision and the reasons for it and sign the endorsement. (6) The returning officer shall send a notice of his decision to each validly nominated candidate for the constituency concerned at the address stated in his nomination paper as his residential address. (L.N. 221 of 1995) (7) The decision of the returning officer that a nomination paper is valid or invalid is final and shall not be questioned in any proceeding whatsoever except by an election petition. (8) In this section "the Nominations Advisory Committee" (提名顧問小組) means, in relation to a particular election, a Nominations Advisory Committee appointed under the Boundary and Election Commission (Nominations Advisory Committee) Regulation (Cap 432 sub. leg.) in relation to that election. (L.N. 221 of 1995) (Enacted 1994) "the Nominations Advisory Committee" (提名顧問小組) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 10 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 10 Withdrawal of candidature VerDate:30/06/1997 (1) A candidate may withdraw his candidature only during the nomination period and in accordance with subsection (2). (2) A withdrawal for the purposes of subsection (1) shall be effected by the delivery- (a) in person by the candidate or his election agent; (b) to the returning officer; (c) at the specified address; and (d) within the nomination period, of a notice, which shall be- (i) in the specified form; and (ii) signed by the candidate and attested by one witness. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 11 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 11 No nomination for more than one constituency VerDate:30/06/1997 (1) A person shall not be nominated as a candidate in an election in respect of more than one constituency. (2) A person who wishes to be nominated as a candidate in the same election for a constituency other than the constituency for which he has for the time being submitted a nomination paper ("first constituency"), shall, before he submits a nomination paper for that other constituency, withdraw his candidature for the first constituency, in accordance with section 10, and declare in the nomination paper for the other constituency that his candidature for the first constituency has been withdrawn. (3) For the avoidance of doubt it is declared that nothing in this section shall be construed as permitting a person to be nominated as a candidate in respect of a geographical constituency and a constituency within the meaning of the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) concurrently. (Enacted 1994; L.N. 396 of 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 12 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 12 Publication of notice of nominations VerDate:30/06/1997 (1) The returning officer shall, not later than 14 days beginning on the expiry of the nomination period, publish in the Gazette a notice, which shall contain the identity card number, name and residential address of- (a) each candidate who has been validly nominated; (b) any person whose nomination was rejected as being invalid; and (c) any person who has withdrawn his candidature. (L.N. 396 of 1994) (2) Subject to subsection (1) and section 13, the notice under that subsection shall be in the specified form. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 13 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 13 Holding of poll or declaration of election without poll VerDate:30/06/1997 Where, after- (a) the nomination period has expired; (b) the returning officer has made a decision in respect of each candidate under section 9(1); and (c) any withdrawals of candidature, in respect of any constituency- (i) the number of validly nominated candidates is more than one, a poll shall be held in respect of that constituency in accordance with Part III; or (ii) there is only one validly nominated candidate, that candidate shall be declared elected in the notice of nominations published under section 12. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 14 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 14 Publication of notice of by-election to fill remaining vacancies VerDate:30/06/1997 (1) Where as regards a constituency, no person is validly nominated as a candidate or each validly nominated candidate has withdrawn his candidature, the returning officer shall, not later than 14 days beginning on the expiry of the nomination period, subject to subsection (2) and section 5H(2) or 24(2) of the Electoral Provisions Ordinance (Cap. 367), publish in the Gazette a notice containing, as regards that constituency, the particulars required to be contained, stated or specified in a notice published under section 3(1) and hold a by-election accordingly. (L.N. 656 of 1994; L.N. 221 of 1995) (2) Where a notice of by-election is published under subsection (1) and at the expiry of the nomination period there is no person validly nominated for such constituency, a further notice of by-election shall not be published as regards that constituency- (a) other than as provided in subsection (3); or (b) unless, in the case of a by-election as regards a constituency in respect of the Legislative Council, such publication becomes necessary pursuant to a dissolution of that Council. (3) If the vacancy in the constituency concerned is not filled in the by-election held under subsection (1), within 7 days of the expiry of the period of 6 months beginning on the date the notice of by-election is published under that subsection, the returning officer shall, subject to section 5H(2) or 24(2) of the Electoral Provisions Ordinance (Cap. 367), publish in the Gazette a notice of by-election containing as regards the constituency concerned the particulars required to be contained, stated or specified in a notice published under section 3(1) and hold a by-election accordingly. (4) Section 3(3) and (4) shall apply in relation to a notice under this section subject to necessary modifications. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 15 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 15 Appointment of election agent VerDate:30/06/1997 (1) A candidate may appoint a person who has attained the age of 18 years as his election agent. (2) The candidate shall give the returning officer notice of any appointment under subsection (1). (3) An appointment of an election agent shall not be effective until the notice given for the purposes of subsection (2) is received by the returning officer. (4) A notice for the purposes of subsection (2) shall- (a) state the identity card number, name and address of the election agent; (b) be signed by the candidate and the election agent; and (c) be in the specified form. (5) A candidate shall not have more than one election agent at any one time. (6) Where the appointment of an election agent is revoked the candidate shall give notice of the revocation to the returning officer. (7) A notice for the purposes of subsection (6) shall be in writing and a revocation of an appointment of an election agent shall not be effective until such notice is received by the returning officer. (8) If at any time an election agent dies or his appointment is revoked, the candidate may appoint another person as election agent in his place in accordance with this section. (9) An election agent may do all things which the candidate may do in connection with an election except- (a) anything a candidate is required to do under section 6; (b) withdraw the candidate's candidature; and (c) authorize any person for the purposes of section 16A, and any such act of the election agent shall be effective as if it had been done by the candidate in person. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16 Notice of particulars of election agents VerDate:30/06/1997 (1) The returning officer shall, in accordance with subsection (2)- (a) send to each validly nominated candidate in respect of the constituency concerned; (b) display in a prominent place outside the office of the returning officer, a notice containing the particulars of each election agent or, in the case of an appointment under section 15(8), particulars of the election agent so appointed, in the specified form. (2) A notice under subsection (1) shall be sent- (a) not later than 10 days beginning on the expiry of the nomination period; and (b) in the case of- (i) an appointment of an election agent made after the period of 10 days referred to in paragraph (a); or (ii) a replacement of an election agent under section 15(8), as soon as practicable after receiving the relevant notice of appointment. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16A (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16A Authorization of persons to incur election expenses on behalf of a candidate VerDate:30/06/1997 (1) A person who is a candidate within the meaning of section 2(3)(a) may, in accordance with this section, authorize one or more persons, each of whom has attained the age of 18 years, to incur election expenses on his behalf for an election. (2) An authorization for the purposes of subsection (1) shall- (a) be in writing and state the identity card number, name and address of the person authorized; (b) be signed by the candidate and the person authorized; (c) specify the maximum amount that the person authorized may incur as election expenses; and (d) be in the specified form. (3) Where an authorization under subsection (1) is given- (a) on or after the commencement of the nomination period, the candidate shall serve a copy thereof on the returning officer to be received by him within 3 working days after it is given; and (b) before the commencement of the nomination period by a person who after the commencement of the nomination period becomes a candidate in respect of that election, he shall serve a copy thereof on the returning officer within 3 working days after he submits the nomination paper, whether or not the authorization has been revoked. (4) A person who revokes an authorization under this section shall give notice in writing of such revocation forthwith to the returning officer. (5) Where a person has before the commencement of this section authorized another person to incur election expenses on his behalf in respect of an election to be held in the year 1995 and in respect of which he has submitted a nomination paper, he shall serve a copy of the authorization on the returning officer within 3 working days after he submits the nomination paper, whether or not the authorization has been revoked. (6) A person who is required under subsection (5) to serve a copy of an authorization shall, at the same time as he serves such copy, inform the returning officer in writing of- (a) the identity card number, name and address of the person authorized; and (b) the amount such person is authorized to incur as election expenses on his behalf, (unless that information is contained in the authorization) and the amount so incurred as election expenses up to the time of such submission. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16B (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16B Notice of particulars of election expense agent VerDate:30/06/1997 The returning officer shall make available for public inspection a copy of any authorization received by him under section 16A as soon as practicable after it is received by him and until the expiry of the period during which the return and declaration of election expenses of the candidate is open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288). (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16C (Repealed) VerDate:30/06/1997 (Repealed L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 16D (Repealed) VerDate:30/06/1997 (Repealed L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 17 (Repealed) VerDate:30/06/1997 PART III CONTESTED ELECTIONS (Repealed L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 18 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 18 Hours of poll VerDate:30/06/1997 (1) As regards an election, the hours for polling on the date of the election shall be appointed by the Chief Electoral Officer in accordance with this section. (2) For the purposes of subsection (1) the Chief Electoral Officer- (a) shall appoint the hours for polling so as to give the electors a reasonable opportunity to vote; and (b) subject to paragraph (a), may appoint different hours for different constituencies or different polling stations in respect of a constituency. (3) The Chief Electoral Officer shall, not less than 10 days before the date referred to in subsection (1), publish in the Gazette a notice specifying as regards each constituency or each polling station in respect of a constituency, the hours for polling appointed under this section. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 19 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 19 Designation of polling stations and counting stations VerDate:30/06/1997 (1) The Chief Electoral Officer shall designate, by notice published in the Gazette, one or more places, being places described in subsection (1A), to be used for- (a) conducting a poll in respect of an election; (b) separating ballot papers relating to any functional constituency from those relating to a geographical constituency; (c) counting ballot papers; (d) counting the votes; or (e) any 2 or more of the purposes specified in paragraphs (b), (c) and (d). (L.N. 221 of 1995) (1A) The places referred to in subsection (1) are- (a) any premises occupied by a Government department for official purposes ("Government building"); (b) any structure, place or premises hired or to be hired under subsection (1B); (c) any- (i) school; or (ii) building occupied by any organization, association or body, in respect of which a grant is made out of the general revenue; or (d) any other- (i) structure, premises, whether permanent or temporary, mobile or otherwise; or (ii) place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1), and where the designation is of a polling station, is within the constituency in respect of which it is designated. (L.N. 221 of 1995) (1B) The Chief Electoral Officer may hire any structure, place or premises or part thereof for the purposes of designating as a polling station or a counting station. (L.N. 221 of 1995) (2) Where it appears to the Chief Electoral Officer- (a) as regards a constituency, that there is not, within that constituency, a place or an adequate number of places described in subsection (1A), appropriate for designation as a polling station, he may designate, by notice published in the Gazette, one or more such places outside that constituency to be used as a polling station or stations in respect of that constituency; (L.N. 221 of 1995) (b) that the circumstances so warrant, he may designate any such place within or outside a constituency to be used as a polling station or counting station in addition to or in substitution for a place designated under this section and shall publish, in such manner as he thinks fit, notice of such designation. (3) A list of the polling stations and counting stations shall be available for inspection by the public at the office of the Chief Electoral Officer during office hours on any working day. (4) The Chief Electoral Officer shall for the purposes of subsection (1), designate- (a) polling stations on a date as the Commission may appoint, being a date before 22 June in each year; and (L.N. 656 of 1994) (b) counting stations, as and when he considers such designation necessary. (5) The Chief Electoral Officer shall ensure that there are sufficient polling stations to enable polling to take place smoothly and efficiently. (6) The Chief Electoral Officer shall- (a) designate at least one polling station in each District, being a polling station- (i) designated under subsection (1) or (2); and (ii) which is, in his opinion, suitable for use for the purpose of voting by persons with a disability for whom access to a polling station would be difficult by reason of such disability, as a polling station to be used by such persons for voting; and (b) specify the constituency or the constituencies in respect of which each such specified polling station is so designated. (L.N. 221 of 1995) (7) Not less than 10 days before the polling day, the Chief Electoral Officer shall indicate in the list referred to in subsection (3), in such manner as he considers appropriate, the specified polling stations and in relation to each specified polling station, the constituency or the constituencies in respect of which it is designated. (L.N. 221 of 1995) (8) The Chief Electoral Officer shall, in the case of a polling station or counting station which is not a Government building- (a) make good any damage caused; and (b) defray any expenses incurred by any person having control over the structure, place or premises, by reason of their having been used as a polling station or counting station, as the case may be. (L.N. 221 of 1995) (9) (Repealed L.N. 221 of 1995) (10) The Chief Electoral Officer may take such steps as he considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise by reason of or in connection with the use of any structure, place or premises as a polling station or a counting station pursuant to this section. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 20 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 20 Duties of the Chief Electoral Officer in relation to polling stations VerDate:30/06/1997 (1) As regards an election, the Chief Electoral Officer shall- (a) appoint a person ("the presiding officer") to preside at each polling station and such other persons as he considers necessary to assist the presiding officer in the conduct of a poll; (L.N. 221 of 1995) (b) at least 10 days before the polling day, send to each elector entitled to vote at that polling station a poll card; (L.N. 221 of 1995) (c) after the publication of a notice of nomination under section 12, or on being satisfied that a nomination paper in respect of a candidate has been received by the returning officer, subject to subsection (1A) supply to each- (L.N. 221 of 1995) (i) candidate an extract of that part of the final register which relates to the constituency in respect of which the candidate is nominated containing such entries and particulars and in such form as may be determined by the Chief Electoral Officer (which may include a printed form or a form capable of being read by a computer) and containing such additional information (if any), so determined; and (L.N. 656 of 1994; L.N. 221 of 1995) (ii) returning officer, a copy of that part of the final register which relates to the constituency or District, as the case may be, in respect of which that officer is appointed; (d) provide in each polling station such number of compartments as he considers necessary for use by the electors to vote screened from observation; (e) supply to each presiding officer such number of ballot papers as he considers necessary and a copy of the appropriate part of the final register; (L.N. 221 of 1995) (f) provide at each polling station materials to enable electors to mark the ballot papers; and (L.N. 221 of 1995) (g) do such other acts and things as are necessary for holding the poll effectively. (L.N. 221 of 1995) (1A) Where an extract of the part of the final register required under subsection (1)(c)(i) to be supplied to a candidate is supplied to the election agent of the candidate, it shall be regarded for the purposes of that subsection as having been supplied to the candidate. (L.N. 221 of 1995) (2) The Chief Electoral Officer shall provide- (a) the returning officer; and (b) each presiding officer, with a list of the names of the persons appointed under subsection (1)(a) in respect of the polling station for which that presiding officer is appointed. (L.N. 221 of 1995) (3) A presiding officer shall display the list referred to in subsection (2) in a prominent place in the polling station for which he is appointed. (L.N. 221 of 1995) (4) An elector who is not otherwise entitled to vote at a specified polling station and who claims- (a) to be a person with a disability; and (b) that access to the polling station at which he is entitled to vote is difficult for him due to such disability, may apply to the Chief Electoral Officer, not less than 5 days before the polling day, to vote at the specified polling station designated for the constituency in respect of which he is entitled to vote. (L.N. 221 of 1995) (5) Where the Chief Electoral Officer receives an application under subsection (4)- (a) he may allocate the relevant specified polling station to the elector concerned if he is satisfied that the application is well founded; and (b) he shall in any case inform the applicant, in such manner as he considers appropriate, of the result of the application as soon as practicable. (6) Any elector who is allocated a specified polling station under subsection (5) shall, as regards the election to which the relevant application relates, only be entitled to vote at that specified polling station. (7) Where the Chief Electoral Officer allocates a specified polling station to an elector under subsection (5), he shall as soon as practicable thereafter, notify the returning officer, the presiding officer at that specified polling station and the presiding officer at the polling station at which the elector would have been entitled to vote if not for such allocation, the identity card number, name and residential address (as it appears in the register of electors) of that elector. (8) The requirement in subsection (1)(b) to send a poll card shall not apply in relation to an elector as regards whom the Chief Electoral Officer is satisfied- (a) having regard to any information received from the Registrar of Births and Deaths, that he is dead; or (b) that his address on the final register does not exist or refers to a building that has been demolished or is not at that time built. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 21 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 21 Directions for guidance of electors in voting VerDate:30/06/1997 The presiding officer shall ensure that a notice in the specified form providing information for the guidance of electors in voting is exhibited outside his polling station and in every compartment in that polling station. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 22 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 22 Design of ballot box VerDate:30/06/1997 A ballot box shall be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or sealing device. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 23 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 23 Form of ballot paper VerDate:30/06/1997 (1) A ballot paper shall be in Form 1 and shall- (a) contain as regards each candidate for the constituency concerned- (i) his name; (ii) if the Commission so determines, his address (as shown in the notice of nominations published under section 12); and (iii) the number allocated to him under subsection (3); and (b) have the date and description of the election printed on the front of it. (2) A number may be printed on the counterfoil of a ballot paper, but a ballot paper shall not bear any number except a number contained under subsection (1). (3) The order in which the names of candidates appear on a ballot paper shall be determined by the returning officer by the drawing of lots and a number allocated to each candidate accordingly. (4) A candidate may be present at the drawing of lots under subsection (3) or be represented by a person authorized by him in writing. (5) The returning officer shall give each candidate reasonable notice of the arrangements for the drawing of lots under subsection (3). (6) The returning officer may give notice for the purposes of subsection (5) to the election agent of a candidate and any notice so given shall be regarded as having been given to the candidate concerned. (7) The Commission may use an abbreviation of the address referred to in subsection (1)(a)(ii) if it considers it appropriate. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 24 (Repealed) VerDate:30/06/1997 (Repealed L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 25 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 25 Establishment of no canvassing areas and no staying areas outside polling stations VerDate:30/06/1997 (1) The returning officer shall declare in respect of each polling station that- (a) an area outside that polling station as specified by him with reference to a map or plan referred to in subsection (2), is to be known as a no canvassing area; and (b) an area within that no canvassing area is to be known as a no staying area, for the purposes of this Regulation. (2) Where the returning officer makes a declaration under subsection (1), he shall indicate on a map or plan or on 2 separate maps or plans the no canvassing area and the no staying area in relation to the polling station concerned. (3) A declaration under subsection (1) shall be made not later than 7 working days before the polling day. (4) A person shall not on the polling day- (a) engage in the canvassing of votes in a no canvassing area; or (b) stay or loiter in the no staying area without the express permission of the presiding officer. (5) Any person who contravenes subsection (4)(a) or (b) commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (6) Where a declaration is made under subsection (1), the returning officer shall give notice to each candidate for that constituency. (7) Where a returning officer makes a declaration under subsection (1), he shall display on the polling day, at or near the polling station concerned, a notice of the relevant declaration together with a map or plan showing the no canvassing area and the no staying area respectively. (8) A returning officer who makes a declaration under subsection (1) may vary the relevant no canvassing area or no staying area by another declaration and where he so varies it, display on the polling day at or near the relevant polling station a notice of the subsequent declaration and a map or plan showing the no canvassing area or no staying area, as the case may be, so varied. (9) Where a no canvassing area or no staying area is varied under subsection (8), the returning officer shall notify each candidate for the constituency concerned of the variation unless it is not reasonably practicable to do so before the close of poll. (10) A returning officer who makes a declaration under subsection (1) or varies a no canvassing area or no staying area under subsection (8) shall indicate in such manner as he considers appropriate, the boundaries of each no canvassing area or no staying area concerned, as the case may be. (11) The declaration or any variation of a no canvassing area or no staying area shall become effective when the map or plan referred to in subsection (7) or (8), as may be appropriate, is displayed under that subsection. (12) A returning officer may, in respect of any polling station, authorize the assistant returning officer or the presiding officer to perform his functions under this section on the polling day. (13) Where a returning officer is required to notify a candidate under subsection (6) or (9), he may notify the election agent or the polling agent of the candidate for the relevant polling station and where he so notifies, he shall be regarded, for the purposes of the relevant subsection, as having notified the candidate. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 26 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 26 Keeping order in no canvassing areas and no staying areas VerDate:30/06/1997 (1) The presiding officer shall use his best endeavours to ensure that a person does not, on the polling day- (a) engage in the canvassing of votes in the no canvassing area; or (b) stay or loiter in the no staying area (except where the person has been permitted by the presiding officer to do so). (2) If any person misconducts himself in a no canvassing area or no staying area or fails to obey a lawful order of the returning officer or the presiding officer, such officer may order that person to leave the no canvassing area or no staying area, as the case may be, immediately and if he fails to so leave, he may be removed from the no canvassing area or no staying area, as the case may be, by a police officer, or by any other person authorized in writing by the returning officer or the presiding officer to remove him and the person so removed shall not, except with the permission of the returning officer or the presiding officer, as the case may be, enter the no canvassing area or no staying area, as the case may be, on that day. (3) The powers conferred by this section shall not be exercised so as to prevent an elector from voting at the polling station he is entitled to vote at. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 27 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 27 Appointment of polling agents VerDate:30/06/1997 (1) Subject to subsection (8), each candidate may appoint one or more persons, each of whom has attained the age of 18 years to attend at a polling station in respect of the constituency for which he is standing for election, for any purpose connected with the conduct of the poll. (2) The candidate shall give notice of any appointment under subsection (1)- (a) either to the returning officer at least 3 working days before the polling day; or (b) to the presiding officer appointed for the polling station in respect of which the appointment is made, by delivering the relevant notice himself on the polling day to that presiding officer or having it so delivered by his election agent. (3) A notice for the purposes of this section shall be in writing and contain the identity card number, name and address of the polling agent concerned and be signed by the candidate. (4) An appointment of a polling agent shall not be effective until the notice given for the purposes of subsection (2)(a) or (b) is received by the returning officer or presiding officer, as may be appropriate. (5) Where an appointment of a polling agent is revoked, the candidate shall give notice of the revocation- (a) to the returning officer before the polling day; or (b) on the polling day to the presiding officer in the manner specified in subsection (2)(b). (6) A notice for the purposes of subsection (5) shall be in writing and any revocation of an appointment of a polling agent shall not be effective until such notice is received by the returning officer or presiding officer, as may be appropriate. (7) Subject to subsection (9), a polling agent in respect of whom notice is given under subsection (2)(a) or (b)- (a) may, on the polling day be present within the polling station in respect of which he has been appointed; and (b) shall, on arrival at that polling station, report in person to the presiding officer and produce his identity card and a declaration of secrecy in the specified form, completed by him. (8) A candidate shall not appoint more than 2 polling agents in respect of a polling station. (9) Not more than one polling agent in respect of each candidate may be present within a polling station at any one time. (10) Notwithstanding subsection (9), where a candidate or the election agent of a candidate is present within a polling station, a polling agent of that candidate shall not be present at the same time within that polling station. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 28 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 28 Delineation of polling stations VerDate:30/06/1997 (1) The Chief Electoral Officer shall, as regards an election, before the poll commences- (a) delineate the polling station on a plan or a map; and (L.N. 221 of 1995) (b) cause to be displayed outside the polling station, that plan or map. (2) The presiding officer shall, before the poll commences delineate clearly by marks, barriers or in such other manner as he thinks fit the polling station in accordance with the plan or map referred to in subsection (1). (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 29 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 29 Admission to polling stations VerDate:30/06/1997 (1) Except where otherwise provided in this Regulation, a person shall not enter a polling station other than for the purpose of voting. (1A) Subject to subsection (2), for the purpose of ensuring that polling takes place smoothly and efficiently, the presiding officer may- (a) notwithstanding anything in section 27(9), regulate the number of electors, candidates, election agents and polling agents to be admitted to the polling station at any one time; and (b) exclude any person from the polling station. (2) The presiding officer shall not exclude under subsection (1A)(b)- (a) the officers named in the list referred to in section 20(2); (b) the returning officer; (c) -(d) (Repealed L.N. 221 of 1995) (e) police officers on duty at the polling station; (f) members of the Commission; (g) persons authorized in writing by a member of the Commission; (h) the Chief Electoral Officer; and (i) public officers authorized in writing by the Chief Electoral Officer. (3) The presiding officer shall not exercise his powers under subsection (1A) so as to prevent an elector from voting at the polling station he is entitled to vote at. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 30 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 30 Offences at polling stations VerDate:30/06/1997 (1) A person, not being- (a) the returning officer; (b) a member of the Commission or any person authorized for the purpose in writing by a member of the Commission; (c) the Chief Electoral Officer; (d) an officer appointed under section 20(1)(a); (e) a person authorized in writing by the returning officer to act as a liaison officer; or (f) police officers on duty at any polling station, shall not communicate with an elector within a polling station. (2) A person shall not on the polling day- (a) without the express permission of the presiding officer, film, take photographs or make any audio or video recording; (b) engage in the canvassing of votes; or (c) display an election advertisement, within a polling station. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (4) A person who fails to comply with a lawful order given by the returning officer or the presiding officer or behaves in a disorderly manner in a no canvassing area or a no staying area or within or at a polling station commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (5) Subsection (4) is without prejudice to sections 26(2) and 39(2). (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 31 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 31 Sealing of ballot boxes VerDate:30/06/1997 Immediately before the commencement of the poll, the presiding officer shall show each ballot box, empty, to such persons, if any, as are present within the polling station, and then lock the ballot box, seal it with a seal provided for the purpose or such other device as specified by the Chief Electoral Officer, so as to prevent it from being opened without breaking the seal and shall place it in his view for the receipt of ballot papers, and keep it so locked and sealed. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 32 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 32 Questions to electors VerDate:30/06/1997 (1) The presiding officer may, and if required by a candidate, his election agent or polling agent, shall, ask of any person applying for a ballot paper, at the time he so applies, but not afterwards, one or both of the following questions- (a) "Are you the person registered in the register of electors now in force as regards this constituency and polling station, as follows (reads the whole of the relevant entry in the register)?" or " (reads the whole of the relevant entry in the register)?"; (b) "Have you already voted in respect of the present election?" or " ?" or "Have you already voted in respect of the present by-election?" or " ?". (L.N. 221 of 1995) (1A) Where the ballot paper referred to in subsection (1) is a ballot paper- (a) specified in the Schedule, the reference to constituency in subsection (1)(a) shall be construed as a reference to the constituency to which the ballot paper relates, and the reference to an ordinary election and by-election in subsection (1)(b) shall be construed as a reference to an election and by-election respectively within the meaning of section 2 and the presiding officer shall frame the question accordingly; or (b) specified in Schedule 1 to the Boundary and Election Commission (Electoral Procedure) (Functional Constituencies and Election Committee Constituency) Regulation (Cap. 432 sub. leg.), the reference to constituency in subsection (1)(a) shall be construed as a reference to the relevant functional constituency and the references to election and by-election in subsection (1)(b) shall be construed as references respectively to an election and by-election held under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) in respect of that functional constituency and the presiding officer shall frame the question accordingly. (L.N. 221 of 1995) (2) The question referred to in subsection (1)(a) shall be appropriately modified by the presiding officer in the case of a person who has been allocated a specified polling station pursuant to section 20(5). (3) A ballot paper shall not be given to any person of whom either question or both questions in subsection (1) or where applicable, either the question in subsection (1)(b) or a question under subsection (2) or both questions, are asked if he fails to answer either or both or does not answer them to the satisfaction of the presiding officer. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 33 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 33 Challenge of electors VerDate:30/06/1997 (1) If at the time a person applies for a ballot paper or after he has applied for a ballot paper and before he has left the polling station, a candidate, his election agent or polling agent declares to the presiding officer that he has reasonable cause to believe that the applicant has committed the offence of personation, as defined by section 6 of the Corrupt and Illegal Practices Ordinance (Cap. 288), and undertakes to substantiate the charge in a court, or if the presiding officer has reason to believe that the applicant has committed that offence, the presiding officer may request a police officer to arrest the applicant. (2) A person in respect of whom a declaration is made under subsection (1) (whether or not such person has been arrested under that subsection) or a person who has been so arrested pursuant to the presiding officer having reason to believe that he has committed the offence of personation, shall not by reason thereof only be prevented from voting. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 34 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 34 Issue of ballot papers VerDate:30/06/1997 (1) A person shall not vote at any polling station other than- (a) the polling station designated in respect of that part of the final register in which his particulars are registered; or (b) in the case of a person who has been allocated a specified polling station under section 20(5), the specified polling station so allocated. (2) A ballot paper shall not be given to an elector unless the presiding officer is satisfied by the production of either his identity card or such other document showing his identity card number, photograph and name that he is the person registered in the register whom he claims to be. (L.N. 221 of 1995) (2A) In any polling station designated for a geographical constituency and one or more functional constituencies, when an elector entitled to vote at that polling station in respect of that geographical constituency and a functional constituency for which it is designated applies for a ballot paper, the presiding officer shall issue to him a ballot paper for that geographical constituency and a ballot paper for that functional constituency at the same time. (L.N. 221 of 1995) (3) Immediately before giving a ballot paper or 2 ballot papers, as may be appropriate, to an elector- (a) the name of the elector as stated in the copy of the final register shall be called out; and (b) a line shall be placed in that copy across the identity card number, name and other particulars of the elector to denote that all the ballot papers he is entitled to be issued with have been issued to him, but no record shall be made as to the particular ballot papers issued to him. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 35 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 35 Procedure for voting VerDate:30/06/1997 (1) Subject to section 36, an elector after he receives a ballot paper in respect of a geographical constituency, or a ballot paper each in respect of a geographical constituency and a functional constituency in a polling station designated for a geographical constituency and one or more functional constituencies, shall forthwith proceed into one of the compartments in the polling station and there mark his ballot paper or ballot papers, as may be appropriate, to indicate his choice of candidate and fold it so as to conceal the mark or marks on it and put the ballot paper or ballot papers so folded into the ballot box. (L.N. 221 of 1995) (2) An elector shall vote without undue delay and leave the polling station as soon as he has put the ballot paper into the ballot box. (3) A person shall not put anything other than a marked ballot paper into the ballot box. (4) Except where otherwise provided in this Regulation, a person shall not remove a ballot paper from a polling station. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 36 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 36 Ballot papers marked by the presiding officer VerDate:30/06/1997 On the application of- (a) an elector who is or claims to be incapacitated by blindness or other physical cause from voting in the manner provided in this Regulation; or (b) an elector who claims that he is unable to read, the presiding officer shall, in the presence of any other person appointed under section 20(1)(a), mark the ballot paper in the manner prescribed in Form 1 to indicate the choice of candidate of the elector and put the ballot paper into the ballot box. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 37 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 37 Tendered ballot papers VerDate:30/06/1997 If a person, representing himself to be a particular elector registered in the register, applies for a ballot paper after a person has been issued with a ballot paper as such elector, the applicant shall, upon answering the questions specified in section 32(1)(a) (or where appropriate a question asked pursuant to section 32(2)) and section 32(1)(b), to the satisfaction of the presiding officer, be entitled to mark a ballot paper in the same manner as any other elector, but before that ballot paper (in this Regulation referred to as a "tendered ballot paper" ( )) is given to the applicant, it shall be endorsed on the front with the word "TENDERED" and " ". (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 37A (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 37A Unused ballot papers VerDate:30/06/1997 (1) The presiding officer shall endorse the word "UNUSED" and " " on any ballot paper that has been issued but not put into the ballot box, unless it is not reasonably practicable to do so. (2) The references in this Regulation to an "unused ballot paper" ( ) shall be construed as a reference to any ballot paper which has been issued and not put into the ballot box whether or not it has been endorsed as described in subsection (1). (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 38 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 38 Spoilt ballot papers VerDate:30/06/1997 Where an elector- (a) inadvertently deals with his ballot paper in such a manner that it cannot be properly used as a ballot paper; or (b) makes an error in marking his ballot paper, and gives the ballot paper to the presiding officer and establishes inadvertence or the fact that he has made an error, as the case may be, to the satisfaction of the presiding officer, the presiding officer may give him another ballot paper relating to the constituency concerned, in place of the ballot paper so given (in this Regulation referred to as a "spoilt ballot paper" ( )) and the presiding officer shall forthwith cancel the spoilt ballot paper by endorsing on the front the word "SPOILT" and " ". (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 39 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 39 Keeping order at the polling station VerDate:30/06/1997 (1) It shall be the duty of presiding officer to keep order at his polling station. (2) If any person misconducts himself at or in the vicinity of a polling station, or fails to obey a lawful order of the returning officer or the presiding officer, such officer may order him to leave the polling station or the vicinity thereof immediately and if he fails to so leave, he may be removed by a police officer, or by any other person authorized in writing by the returning officer or the presiding officer to remove him and the person so removed shall not, without the permission of the returning officer or the presiding officer, enter the polling station during that day. (3) The powers conferred by this section shall not be exercised so as to prevent an elector from voting at the polling station he is entitled to vote at. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 40 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 40 Procedure at close of poll VerDate:30/06/1997 (1) As soon as practicable after the close of a poll at a polling station, the presiding officer shall, in the presence of such persons (if any) as are then present within the polling station- (a) seal with a seal provided for the purpose, or such other device as specified by the Chief Electoral Officer, each ballot box in a manner which prevents the introduction into or withdrawal from the box of any ballot paper or other material after sealing; (b) make up into separate sealed packets- (i) ballot papers (if any) which were not issued (in this Regulation referred to as "unissued ballot papers" ( )); (ii) the unused ballot papers; (iii) the spoilt ballot papers; and (iv) the marked copies of the final register, and deliver the ballot box and the sealed packets to the returning officer. (2) Where a polling station is designated for a geographical constituency and one or more functional constituencies, the presiding officer shall, for the purposes of subsection (1), make separate sealed packets in respect of the geographical constituency and the functional constituency or constituencies. (3) For the avoidance of doubt it is declared that the ballot papers in a sealed packed prepared under subsection (1)(b) shall not be counted for the purpose of counting the votes and that accordingly the references to ballot papers in relation to the counting of the votes shall be construed as not including those ballot papers. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 41 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 41 Preparation of ballot paper account VerDate:30/06/1997 The packets referred to in section 40 shall be accompanied by a statement (in this Regulation referred to as "the ballot paper account" ( )) made by the presiding officer and in the specified form, showing the number of ballot papers given to him under section 20(1)(e) and accounting for them under the following heads- (a) the number of ballot papers believed (by him) to be in the ballot box or boxes; (aa) the number of unissued ballot papers; (b) the number of unused ballot papers; and (c) the number of spoilt ballot papers. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 42 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 42 Time and place for the count and the notification thereof VerDate:30/06/1997 PART IV COUNTING OF VOTES (1) The returning officer shall give notice in writing to each candidate- (a) of the place at which the count as regards the constituency concerned is to take place; and (b) the time at which the count will begin, not less than 24 hours in advance of the time referred to in paragraph (b). (2) The time for the purposes of subsection (1)(b) shall be determined by the returning officer and be a time which is after the close of the poll in all the polling stations in respect of the constituency concerned. (3) Where a poll at a polling station is adjourned under section 60, the conduct of the count in respect of the other polling stations (if any) designated in respect of that constituency or those constituencies and at which the poll has closed shall stand postponed until such time arrangements in accordance with section 47(1) can be made. (4) Where a count stands postponed pursuant to subsection (3)- (a) the Chief Electoral Officer shall determine the time (being a time after the close of the adjourned poll) for the count to begin and the place for it to take place in respect of the adjourned poll and the other polling stations (if any) in respect of the constituency or constituencies concerned; and (b) the returning officer shall give notice to each candidate of such time and place. (5) A notice required to be given to a candidate under subsection (1) or (4) may be given to the election agent or counting agent of the candidate and any notice so given shall be regarded, for the purposes of the relevant subsection, as a notice given to the candidate. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 43 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 43 Appointment of counting agents VerDate:30/06/1997 (1) Each candidate may appoint a number of persons, being a number specified for the purpose of this subsection by the Commission, and each of whom has attained the age of 18 years for the purpose of attending at and observing the conduct of a count. (2) The candidate shall give notice of any appointment under subsection (1) to the returning officer- (a) at least 3 working days before the polling day; or (b) by delivering the relevant notice himself to the returning officer after the commencement of the poll or having it so delivered by his election agent. (3) A notice for the purposes of this section shall be in writing and contain the identity card number, name and address of the counting agent concerned. (4) An appointment of a counting agent shall not be effective until the notice given for the purposes of subsection (2) is received by the returning officer. (5) Where any appointment of a counting agent is revoked, the candidate shall- (a) give notice of the revocation to the returning officer; and (b) give any notice for the purposes of paragraph (a) in the manner specified in subsection (2)(b), if it is given after the commencement of the poll. (6) A notice for the purposes of subsection (5) shall be in writing and any revocation of an appointment of a counting agent shall not be effective until such notice is received by the returning officer. (7) A counting agent in respect of whom notice is given under subsection (2)(a) or (b)- (a) may be present within the relevant counting station during the conduct of the count; and (b) shall, on arrival at that counting station, report in person to the returning officer and produce his identity card and a declaration of secrecy in the specified form, completed by him. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 44 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 44 Appointment of counting officers VerDate:30/06/1997 (1) The Chief Electoral Officer- (a) may appoint as many counting officers as he considers necessary to assist a returning officer in conducting a count; and (b) shall provide the returning officer with a list of the names of the counting officers appointed to assist him. (2) The Chief Electoral Officer shall display the list referred to in subsection (1)(b) in a prominent position within the counting station or stations, as may be appropriate. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 45 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 45 Persons who may be present at the count VerDate:30/06/1997 (1) Subject to subsection (3) and section 46, except with the consent of the returning officer, no person other than the returning officer, counting officers, candidates in respect of the constituency concerned, their respective election agents and counting agents, members of the Commission, the Chief Electoral Officer, police officers on duty at the counting station or any person authorized in writing by a member of the Commission may be present at the conduct of a count. (L.N. 221 of 1995) (2) The returning officer shall ensure that the arrangements made for the count are such that the candidate or any agent of his referred to in subsection (1) is afforded an opportunity to observe how individual votes are counted. (3) The returning officer may, if he considers it fit, and having regard to whether it is practicable to do so without disrupting the count and prejudicing the secrecy of the individual votes, permit members of the public to observe the conduct of the count, from an area at the counting station allocated by him for the purpose at such distance from where the counting is taking place as he considers appropriate. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 46 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 46 Keeping order at counting station VerDate:30/06/1997 (1) It shall be the duty of the returning officer to keep order at the counting station designated in respect of the constituency or the District, as the case may be, for which he is appointed. (2) If any person misconducts himself at or in the vicinity of a counting station, or fails to obey a lawful order of the returning officer, such officer may order him to leave the counting station or the vicinity thereof and if he fails to so leave immediately, he may be removed by a police officer, or by any other person authorized in writing by the returning officer to remove him and the person so removed shall not, without the permission of the returning officer, enter the counting station until the result of the election has been declared in respect of every constituency, the votes in respect of which were counted at that counting station. (3) Without prejudice to subsection (2), any person who fails to comply with a lawful order given by the returning officer or behaves in a disorderly manner within or at a counting station commits an offence and is liable to a fine at level 2 and imprisonment for 3 months. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 47 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 47 Opening of ballot boxes and counting of ballot papers VerDate:30/06/1997 (1) As soon as practicable after the close of the poll in all the polling stations in respect of a constituency, the returning officer shall make arrangements to conduct the count in respect of that constituency. (2) Before counting begins pursuant to subsection (1), the returning officer shall, in the counting station concerned- (a) open each ballot box and take out the ballot papers therein; (aa) if the counting station is designated for one or more geographical constituencies and one or more functional constituencies- (i) separate the ballot papers relating to the geographical constituency from those relating to the functional constituency or constituencies; and (ii) give the ballot papers relating to the functional constituency or constituencies to the Assistant Returning Officer (Functional Constituencies) (General) within the meaning of section 2 of the Boundary and Election Commission (Electoral Procedure) (Functional Constituencies and Election Committee Constituency) Regulation (Cap. 432 sub. leg.); (b) count the ballot papers in respect of the geographical constituency, record the number of such ballot papers and verify each ballot paper account as provided in subsection (3); and (c) thereafter as regards each constituency mix the ballot papers taken from the ballot boxes in respect of all or not less than 2 of the polling stations in respect of such constituency. (3) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him under subsection (2)(a), and if he considers it necessary or if so required by a candidate or the election agent or counting agent of a candidate, who is present at the count, by comparing it with such recorded ballot papers, the unused ballot papers, the unissued ballot papers and the spoilt ballot papers in his possession, and make a statement in writing (in this Regulation referred to as the "verification of a ballot paper account" ( )) as to the result of such verification and any candidate or his election agent may copy such statement. (4) Either a candidate or the election agent of a candidate may copy the ballot paper account. (5) The returning officer shall permit a candidate or his election agent or counting agent who makes a request for the purpose, to inspect any paper, other than a ballot paper, taken from the ballot box, before it is disposed of. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 48 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 48 Separation and counting of individual votes VerDate:30/06/1997 (1) When the returning officer has prepared the verification of the ballot paper account, he shall, subject to section 50, cause the ballot papers to be separated with reference to the candidate for whom the vote has been recorded. (2) The votes recorded for each candidate shall then be counted. (3) The returning officer shall, as far as practicable, proceed with the counting of votes continuously until the counting is completed. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 49 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 49 Re-count VerDate:30/06/1997 (1) The returning officer shall make known to the candidates or their respective election agents or counting agents who are present within the counting station, the result of the counting of the votes when the count is completed under section 48(3). (L.N. 221 of 1995) (2) A candidate or his election agent, if present when the counting or a re-counting of the votes in respect of the relevant constituency is completed, may request the returning officer to cause the counted or re-counted votes, as the case may be, to be counted again and the returning officer shall comply with any such request unless in his opinion it is unreasonably made. (3) Nothing further shall be done on the completion of a counting or re-counting of the votes until each candidate present at such completion or each election agent of a candidate if so present is given a reasonable opportunity to make the request referred to in subsection (2). (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 50 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 50 Ballot papers not to be counted VerDate:30/06/1997 For the purpose of counting the votes, any ballot paper- (a) on which an elector has given more than one vote; (b) on which anything is written or marked by which the elector can be identified; (c) with the word "TENDERED" and " " endorsed on the front of it; (d) with the word "SPOILT" and " " endorsed on the front of it; (da) which is an unused ballot paper; (e) which is unmarked; (f) which the returning officer determines is void for uncertainty; or (g) which is substantially mutilated, shall not be counted. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 51 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 51 Decisions as to questionable ballot papers VerDate:30/06/1997 (1) The returning officer shall separate from the other ballot papers, and set aside, any ballot paper which appears to him to be a ballot paper which is described in section 50. (2) A candidate in respect of the constituency concerned or an election agent or counting agent of such a candidate, if present at the counting station, shall be entitled to inspect any ballot paper set aside under subsection (1), and to make representations to the returning officer concerning the same. (3) After considering any such representations, the returning officer shall make a decision as to whether that ballot paper is a ballot paper which under section 50 should not be counted or whether it should be counted. (4) The returning officer shall endorse the word "rejected" and " " on any ballot paper which he determines, under subsection (3), to be a ballot paper not to be counted, and shall add to the endorsement the words "rejection objected to" and " " if a candidate, election agent or counting agent in respect of the constituency concerned objects to the decision not to count. (5) If a candidate, election agent or counting agent in respect of the constituency concerned objects to a decision made by the returning officer under subsection (3) to count a ballot paper, the returning officer shall endorse that ballot paper with the words "acceptance objected to" and " ". (6) The returning officer shall prepare a statement of rejected ballot papers under the headings of- (a) giving more than one vote; (b) writing or mark by which the elector can be identified; (c) endorsed with the word "TENDERED" and " "; (d) endorsed with the word "SPOILT" and " "; (da) unused; (e) unmarked; (f) void for uncertainty; or (g) substantially mutilated. (L.N. 656 of 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 52 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 52 Returning officer's decision as regards ballot papers VerDate:30/06/1997 The decision of the returning officer in respect of any ballot papers shall be final and shall not be questioned in any proceeding whatsoever except by an election petition. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 53 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 53 Declaration of result VerDate:30/06/1997 (1) When the counting of votes and re-counts, if any, are completed and a result obtained, the returning officer shall declare to be elected a candidate as provided in section 6A of the Electoral Provisions Ordinance (Cap 367) and any regulations made under that Ordinance. (L.N. 221 of 1995) (2) The returning officer shall prepare a notice of result of the election in Form 2. (3) The returning officer shall cause a copy of the notice under subsection (2) to- (a) be displayed prominently in a place outside the counting station; (b) be sent to the Chairman of the Commission; (c) in the case of an election in respect of the Legislative Council, be sent to the Chief Secretary; (d) be sent to the Chief Electoral Officer; (e) in the case of an election in respect of the Urban Council, the Regional Council or a District Board, be sent to the Designated Officer; and (f) be published in the Gazette within 10 days beginning on the date the result is declared under subsection (1). (4) The result of an election as declared by the returning officer in a notice under subsection (2) shall be final and not be questioned in any proceeding except by an election petition. (5) In subsection (3), "Designated Officer" (指定人員) has the meaning assigned to it by section 2(1) of the Electoral Provisions Ordinance (Cap 367). (Enacted 1994) "Designated Officer" (指定人員) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 54 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 54 Sealing of ballot papers in packets VerDate:30/06/1997 PART V DISPOSAL OF DOCUMENTS (1) As soon as practicable after the returning officer has ascertained the result of the poll in an election, he shall, at the counting station, make up into separate sealed packets- (a) the counted ballot papers; (aa) the unissued ballot papers; (L.N. 221 of 1995) (b) the unused ballot papers; (c) the spoilt ballot papers; and (d) the rejected ballot papers. (2) The returning officer shall endorse each such sealed packet with a description of its contents, the date of the election to which they relate and the name of the constituency concerned. (3) Any candidate in respect of the constituency concerned or an election agent or counting agent of such a candidate may be present when the returning officer makes up the sealed packets and endorses them. (4) The returning officer shall, before he makes up the sealed packets, inform- (a) the candidates who are present at the counting station; and (b) either the election agent or counting agent of any candidate who is not present at the counting station, if either such agent is present, that they may be present when he makes up the sealed packets and endorses them. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 55 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 55 Disposal of ballot papers, etc. VerDate:30/06/1997 As soon as practicable after the preparation of the notice of result of the election under section 53(2) the returning officer shall send to the Chief Electoral Officer- (a) the ballot paper accounts and the verification of the ballot paper account; (b) the statement referred to in section 51(6); (c) the sealed packets made up under section 54; (d) the sealed packets made up under section 40(1)(b); (e) a copy of the notice of result of the election; and (f) all- (i) nomination papers and notices of withdrawal of candidature; or (ii) respective notices of appointment of election agents, polling agents and counting agents and copies of authorizations of election expense agents, received by the returning officer and any other document, specified by the Commission and so received. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 56 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 56 Prohibition of inspection of ballot papers VerDate:30/06/1997 No person shall or be permitted to inspect any ballot paper in the custody of the Chief Electoral Officer except pursuant to an order made by a court in proceedings relating to an election petition or in criminal proceedings. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 57 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 57 Retention of ballot papers VerDate:30/06/1997 The Chief Electoral Officer shall retain in his custody for a period of not less than 6 months from the date of the relevant election, the documents relating to an election sent to him by a returning officer under section 55, and shall thereafter, unless otherwise directed by an order made by a court in proceedings relating to an election petition or criminal proceedings, cause them to be destroyed. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 58 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 58 Postponement of an election and adjournment of poll at all polling stations or count at all counting stations VerDate:30/06/1997 PART VI PROCEDURE FOR POSTPONEMENT OF ELECTION AND ADJOURNMENT OF POLL OR COUNT (1) If, on or before the holding of an ordinary election, or at any time during polling or the conduct of the count in respect of such an election, it appears to the Commission that the election, the polling at all the polling stations or the conduct of a count at all the counting stations is likely to be obstructed, disrupted, undermined or seriously affected by the occurrence of- (L.N. 221 of 1995) (a) a typhoon or other climatic condition of a serious nature; (b) an emergency due to natural causes or a catastrophe; or (c) a material irregularity relating to that election, poll or count, which in the case of an election, has arisen or is likely to arise immediately before or during that election, or in the case of a poll or count, during such poll or count, the Commission may postpone the holding of that election or adjourn the poll or count, as the case may be, by declaring in a notice- (i) published in the Gazette; or (ii) if such publication is not practicable in the circumstances, published by some other means determined by the Commission, that the election is postponed or the poll or the count is adjourned. (2) The Commission shall, in a notice- (a) referred to in subsection (1); or (b) published in the Gazette as soon as practicable after publication of a notice under subsection (1); or (c) if publication under paragraph (b) is not practicable in the circumstances, published by some other means determined by the Commission, specify the relevant date appointed under section 64 for holding an election in place of the postponed election or holding a poll in place of the adjourned poll or the conduct of a count in respect of the adjourned count, as may be applicable. (L.N. 221 of 1995) (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 59 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 59 Postponement of election, adjournment of poll or count in respect of a single constituency VerDate:30/06/1997 (1) If, on or before the holding of an ordinary election or a by-election, or at any time during a poll or count in respect of such an election or by-election, it appears to the Commission that, in relation to a constituency- (a) the election or by-election; (b) the poll at all the polling stations designated; or (c) the count at the counting stations designated, in respect of that constituency is likely to be obstructed, disrupted, undermined or seriously affected by the occurrence of- (i) a typhoon or other climatic condition of a serious nature; (ii) an emergency due to natural causes or a catastrophe; (iii) a riot, open violence or such other occurrence of public danger; or (iv) a material irregularity relating to that election, by-election, poll or count, as the case may be, which in the case of an election or a by-election has arisen or is likely to arise immediately before or during that election or by-election, or in the case of a poll or count, during such poll or count, the Commission may postpone the holding of that election or by-election, adjourn the poll or count, as the case may be, by declaring in a notice- (A) published in the Gazette; or (B) if such publication is not practicable in the circumstances, published by some other means determined by the Commission, that the election or by-election in respect of the constituency is postponed or that the poll in respect of all the polling stations or count in respect of that constituency is adjourned. (2) The Commission shall, in a notice- (a) referred to in subsection (1); or (b) published in the Gazette as soon as practicable after the publication of a notice under subsection (1); or (c) if publication under paragraph (b) is not practicable in the circumstances, published by some other means determined by the Commission, specify the relevant date appointed under section 64 for holding an ordinary election or a by-election in place of the postponed election or by-election respectively, or for holding a poll in place of the adjourned poll or a count in respect of the adjourned count, as may be applicable. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 60 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 60 Adjournment of poll at a particular polling station VerDate:30/06/1997 (1) If at any time during polling in respect of an ordinary election or a by-election, it appears to the presiding officer in respect of a particular polling station, that the poll at that polling station is being or is likely to be obstructed, disrupted, undermined or seriously affected by- (a) a typhoon or other climatic condition of a serious nature; (b) an emergency due to natural causes or a catastrophe; (c) riot, open violence or other occurrence of public danger; or (d) a material irregularity relating to the poll, which has already arisen, or is likely to arise, he may adjourn the poll at that polling station, by declaring in a notice- (i) published in the Gazette; or (ii) if such publication is not practicable in the circumstances, published by some other means determined by the Commission, that such poll is adjourned. (2) The presiding officer shall, in a notice- (a) referred to in subsection (1); or (b) published in the Gazette as soon as practicable after the publication of a notice under subsection (1); or (c) if publication under paragraph (b) is not practicable in the circumstances, published by some other means determined by the Commission, specify the relevant date appointed under section 64 for holding a poll in place of the adjourned poll. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 61 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 61 Procedure after adjournment of poll VerDate:30/06/1997 (1) Where a poll is adjourned under section 58, 59 or 60 or under section 26A of the Electoral Provisions Ordinance (Cap. 367), the following shall apply- (a) The presiding officer in respect of any polling station the poll at which has been adjourned shall, in case the adjournment is- (i) under section 58 or 59 or under section 26A of the Electoral Provisions Ordinance (Cap. 367), as soon as the relevant declaration of adjournment comes to his knowledge; or (ii) under section 60, as soon as he adjourns the poll, in the presence of such persons (if any), present within that polling station, secure the ballot boxes and the contents of them in such manner as he thinks fit and shall, without counting or separating the ballot papers or counting the votes, deliver the secured ballot boxes together with any unissued ballot papers, unused ballot papers or spoilt ballot papers and the marked copies of the register to the returning officer. (L.N. 221 of 1995) (b) If delivery under paragraph (a) is not practicable in the circumstances, such presiding officer shall deposit the secured ballot boxes and the other materials referred to in that paragraph- (i) in a safe place within the confines of the polling station; or (ii) in the absence of a safe place within those confines- (A) in a safe place within the confines of a police station or public building; or (B) in the absence of such a police station or public building, in a safe place within the confines of any secure building (which may include a residential building), in the vicinity of the polling station concerned; or (iii) in the absence of a safe place within the confines referred to in subparagraph (ii)- (A) in a safe place within the confines of any other police station or public building; or (B) in the absence of such a police station or public building, in a safe place within the confines of any other secure building (which may include a residential building). (c) Where any ballot box and other materials referred to in paragraph (a) are- (i) delivered to a returning officer under that paragraph, he shall- (A) take such steps as determined by the Commission for the purpose of ensuring their safety and security; and (B) remain in charge of them and be responsible for their safety and security until polling in respect of the adjourned poll commences; (ii) deposited as described in subsection (1)(b), the presiding officer shall remain in charge of them and be responsible for their safety and security until polling in respect of the adjourned poll commences. (2) Where a poll is adjourned under section 58, 59 or 60 or under section 26A of the Electoral Provisions Ordinance (Cap. 367), the hours for polling on the date to which the poll is adjourned shall be the same as those appointed as regards the date on which the poll would have been held if not for such adjournment and any reference in this Regulation to a close of a poll shall be construed accordingly. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 62 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 62 Procedure after adjournment or postponement of count VerDate:30/06/1997 (1) Where the conduct of a count is adjourned under section 58 or 59 or under section 26A of the Electoral Provisions Ordinance (Cap. 367) or stands postponed under section 42(3), pursuant to an adjournment of a poll under section 60, the following shall apply- (a) The returning officer shall, in the presence of the persons (if any), present within the counting station, cease the count and deposit the opened and unopened ballot boxes together with the ballot papers, (whether counted or not), any unissued ballot papers, unused ballot papers, spoilt ballot papers or tendered ballot papers, the ballot paper account or any verification of a ballot paper account, and any other relevant election materials in a safe place within the confines of the counting station. (b) In the absence of a safe place within the confines referred to in paragraph (a), the returning officer shall deposit the ballot boxes and election materials referred to in that paragraph- (i) in a safe place within the confines of a police station or public building in the vicinity of the counting station concerned; or (ii) in the absence of such a police station or public building, in a safe place within the confines of any secure building (which may include a residential building) in the vicinity of the counting station concerned; or (iii) in the absence of a safe place within the confines referred to in subparagraph (i) or (ii)- (A) in a safe place within the confines of any other police station or public building; or (B) in the absence of such a police station or public building, in a safe place within the confines of any other secure building (which may include a residential building). (c) The ballot boxes, papers and other materials referred to in paragraph (a) shall remain in the charge of the returning officer, who shall be responsible for their safety and security until the conduct of the count in respect of the adjourned or postponed count commences pursuant to section 42(4) or on the relevant date appointed under section 64 for the conduct of a count, as may be appropriate. (2) The following shall apply as regards the conduct of a count in place of a count adjourned under section 58 or 59 or under section 26A of the Electoral Provisions Ordinance (Cap. 367) or postponed under section 42(3) pursuant to the adjournment of a poll under section 60- (a) In the case of- (i) an adjournment of a count- (A) on the date appointed for the count under section 64, the conduct of the count shall commence at the time or times determined in respect of the count so adjourned or if those times are not practicable at such other time or times as the Chief Electoral Officer shall determine; (B) the returning officer shall give such notice as he considers reasonable to the candidate or his election agent of the relevant date for the count appointed under section 64 or section 26A of the Electoral Provisions Ordinance (Cap. 367), as may be applicable, and the place at which the count will take place and the time at which the count will begin; and (ii) a postponement of a count, section 42(4) shall apply. (b) When the count commences, sections 47, 48 and 49 shall apply subject to necessary modifications in respect of such counting. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 63 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 63 Procedure for postponement of an election, adjournment of poll or count under section 26A of the Electoral Provisions Ordinance (Cap. 367) VerDate:30/06/1997 (1) A declaration by the Governor postponing an election or adjourning a poll or a count as regards an election, pursuant to section 26A(1) of the Electoral Provisions Ordinance (Cap. 367) shall be made in a notice- (a) published in the Gazette; or (b) if such publication is not practicable in the circumstances, published by some other means determined by the Governor. (2) The appointment for the purposes of section 26A(2) of the Electoral Provisions Ordinance (Cap. 367) of a date for- (a) holding an election in place of an election postponed; (b) conducting a poll in place of a poll adjourned; or (c) the conduct of a count after an adjournment of a count, pursuant to subsection (1) of that section shall be by a notice- (i) referred to in subsection (1)(a); (ii) published in the Gazette as soon as practicable after publication of a notice under subsection (1)(a); or (iii) if publication under paragraph (ii) is not practicable in the circumstances, published by some other means determined by the Governor. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 64 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 64 Appointment of a date by Commission for election, polling or counting after a postponement or an adjournment and determinations by it in respect thereof VerDate:30/06/1997 (1) Where an election is postponed under section 58 or 59 or a poll is adjourned under section 58, 59 or 60 or a count is adjourned under section 58 or 59, the Commission shall, as soon as practicable after such postponement or adjournment- (a) in the case of a postponement of an election or a by-election under section 58 or 59, appoint, subject to section 5A(2), 5H(2) or 24(2) of the Electoral Provisions Ordinance (Cap. 367), as may be applicable, a date for holding an election or a by-election, as the case may be, in place of the postponed election or by-election; (b) in the case of an adjournment of a poll under section 58, 59 or 60, appoint, subject to section 5A(2), 5H(2) or 24(2) of the Electoral Provisions Ordinance (Cap. 367) as may be applicable, a date for conducting a poll in place of the adjourned poll; and (c) in the case of an adjournment of a count under section 58 or 59, appoint a date for the count in place of the adjourned count. (L.N. 221 of 1995) (2) Where the postponement or adjournment referred to in subsection (1) is- (a) due to- (i) a typhoon or other climatic condition of a serious nature; (ii) an emergency due to natural causes or a catastrophe; or (iii) a riot or open violence or other occurrence of public danger, the date appointed for the purposes of subsection (1) shall not in each case be later than 14 days; or (b) due to a material irregularity relating to the election, by-election, poll or count, as the case may be, the date appointed for the purposes of subsection (1) shall not in each case be later than 2 days, from the date on which the postponed election would have been held if not for such postponement, the poll would have held if not for such adjournment, or the count would have taken place if not for such adjournment, as the case may be. (L.N. 221 of 1995) (3) Where the Commission is empowered or required to make a determination for the purposes of this Part it may do so generally or in respect of a particular case. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 65 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 65 Penalty for officers acting as agents VerDate:30/06/1997 PART VII SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS Any- (a) returning officer; (b) person appointed under section 20(1)(a); or (c) counting officer, who, in relation to the election in respect of which he is so appointed, acts as an election agent, a polling agent, an election expense agent or a counting agent commits an offence and is liable to a fine at level 2. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 66 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 66 Prohibition against employees of candidates acting as officers under this Regulation VerDate:30/06/1997 A person, who- (a) has been appointed or is for the time being appointed by a candidate or who has acted or is acting as such an agent without appointment, in relation to an election; or (b) has been or is for the time being employed by or on behalf of a candidate in relation to an election, shall not be appointed to act as an officer under this Regulation for the purpose of that election. (L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 67 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 67 Power of presiding officer to delegate VerDate:30/06/1997 A presiding officer may perform any act which he is required or authorized to perform under this Regulation at a polling station or as regards a poll, except adjourning a poll under section 60, through a person appointed under section 20(1)(a) to assist him. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 68 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 68 Power of returning officer to delegate VerDate:30/06/1997 A returning officer may perform any act which he is required or authorized to perform under this Regulation, other than- (a) the countermanding of an election; (b) a determination as to the validity or otherwise of a nomination paper; (c) a decision regarding a ballot paper; and (L.N. 221 of 1995) (d) (Repealed L.N. 221 of 1995) (e) the declaration of the result of an election, through an assistant returning officer appointed under section 23 of the Electoral Provisions Ordinance (Cap. 367). (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 69 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 69 Directions to and powers of delegation by Chief Electoral Officer VerDate:30/06/1997 (1) The Chief Electoral Officer shall, as regards the performance of his functions under this Regulation, be subject to the direction of the Commission. (2) The Chief Electoral Officer may delegate any of his powers, duties or functions under this Regulation to any member of the staff, as he considers appropriate, provided under section 9 of the Ordinance. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 70 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 70 Saving VerDate:30/06/1997 Where in this Regulation any act or thing is required or authorized to be done in the presence of a candidate or all the candidates, the election agent of the candidates, the polling agent of the candidates, or the counting agent of the candidates, as the case may be, such act or thing shall not be invalidated only by reason of such person or persons not being present as so required or authorized. (Enacted 1994; L.N. 221 of 1995) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 71 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 71 Declaration of secrecy VerDate:30/06/1997 (1) Every- (a) returning officer, other officer or person authorized to attend at a polling station except as an elector; and (b) candidate, counting agent, counting officer or other person (except the members of the public referred to in section 45(3)) authorized to attend at the conduct of a count, (L.N. 221 of 1995) shall before entering the polling station or the counting commences, as may be applicable, make a declaration of secrecy in the specified form. (2) In the case of a returning officer the declaration shall be made in the presence of a commissioner for oaths, and in the case of any other person, the declaration may be made in the presence of a commissioner for oaths or returning officer. (47 of 1997 s. 10) (3) Every returning officer or other officer or any other person attending at a polling station or a count, shall maintain and assist in maintaining the secrecy of the ballot. (L.N. 221 of 1995) (4) Subsection (1) shall not apply to a police officer attending at a polling station or a counting station. (Enacted 1994) BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 72 (Not adopted as the Laws of the HKSAR) VerDate:01/07/1997 BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 72 Enforcement of provisions as to secrecy VerDate:30/06/1997 (1) A person shall not- (a) except for a purpose authorized by law or when required to do so by a police officer or officer of the Independent Commission Against Corruption investigating an offence under the Corrupt and Illegal Practices Ordinance (Cap. 288), sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap. 201), section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204) or the Boundary and Election Commission Ordinance (Cap. 432) or any regulation made thereunder, divulge to any other person by communicating information as to the identity card number or a name in the register, or otherwise, whether a person has or has not applied for a ballot paper or voted at a polling station; or (L.N. 656 of 1994) (b) communicate to any person any information obtained at a count as to the candidate for whom a vote has been given on any particular ballot paper. (L.N. 221 of 1995) (2) A person shall not- (a) interfere with or attempt to interfere with an elector when he is recording his vote; (b) interfere with or attempt to interfere with any ballot boxes, unissued ballot papers, unused ballot papers, spoilt ballot papers, tendered ballot papers, marked ballot papers or a copy of the register marked under section 34(3); (L.N. 221 of 1995) (c) interfere with or attempt to interfere with any opened ballot boxes, ballot paper accounts, verifications of such accounts or any other relevant election materials referred to in this Regulation; (d) obtain or attempt to obtain in any manner- (i) within a polling station or a no staying area; or (ii) within a no canvassing area, without the express permission of the presiding officer, information as to the candidate for whom an elector in that station is about to vote or has voted; (L.N. 221 of 1995) (e) communicate at any time to any person any information obtained in a polling station as to the candidate for whom an elector in that station is about to vote or has voted; and (L.N. 396 of 1994) (f) directly or indirectly induce an elector to display his ballot paper after he has marked it so as to make known to any person the name of the candidate for or against whom he has so marked his vote. (3) Any person who contravenes this secti