Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 61

Procedure after adjournment of poll

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

(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)