Hong Kong Regulations

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

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

(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)