Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 25

Establishment of no canvassing areas and no staying areas outside polling stations

Caution: This is a past version. See the current version here.

(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)