Hong Kong Regulations

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

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

(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)