Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 77

Election advertisements

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

(1) A candidate shall allocate a number (which shall be a consecutive number
in a series beginning with the number 1 and not be used more than once in
respect of a particular type of election advertisement) to each one of the
election advertisements he intends to display, distribute or otherwise use as
regards an election, before he displays or distributes or otherwise uses it,
and each type of election advertisement shall be numbered as a separate
series.

(2) As regards any election, a candidate shall-

   (a)  make a declaration, which shall-

        (i)    be in the specified form; and

        (ii)   state the quantity of each type of election advertisement he
               intends to display, distribute or otherwise use for the time
               being in respect of that election and contain such other
               information as he may be required to furnish in that form; and

   (b)  submit the declaration to the returning officer before he so displays,
        distributes or otherwise uses any such advertisement.

(3) Subject to subsection (4), a candidate shall, before displaying,
distributing or otherwise using an election advertisement, furnish 2 copies of
it to the returning officer.

(4) Where it is not practicable to make a copy of any election advertisement,
the candidate shall furnish to the returning officer for the purposes of
subsection (3), 2 photographs in postcard size of each such advertisement.

(5) Where a candidate proposes to send or distribute any election
advertisement by facsimile transmission, he shall comply with subsection

(2) and where applicable, subsection (4), but subsection (1) shall not apply
in relation to the election advertisement so sent or distributed.

(6) Where any election advertisement is recorded on a video or audio tape or
disc, the candidate shall, for the purposes of subsection

(3), furnish to the returning officer 2 copies of each such tape or disc.

(6A) The candidate shall, before displaying, distributing or otherwise using
an election advertisement, deposit with the returning officer a copy of any
permission or other authorization given or obtained for the purposes of
section 104A(1) of the Public Health and Municipal Services  Ordinance (
Cap. 132). (L.N. 221 of 1995)

(7) The returning officer shall make available for inspection by any person a
copy each of any declaration, permission, authorization or election
advertisement furnished under this section-

   (a)  without fee; and

   (b)  as soon as practicable after such declaration, permission,
        authorization or election advertisement is furnished to the returning
        officer and until the expiry of the period during which returns and
        declarations of election expenses of candidates are available for
        inspection under section 29A(1) of the Corrupt and Illegal Practices 
        Ordinance ( Cap. 288). (L.N. 221 of 1995)

(8) Any-

   (a)  candidate who fails to comply with any requirement in this section; or

   (b)  person who displays an election advertisement as regards which any
        requirement in this section has not been complied with, commits an
        offence and is liable to a fine at level 2 and imprisonment for 6
        months. (L.N. 221 of 1995)

(9) The returning officer may seize and dispose of any election advertisement
on display as regards which any requirement in this section has not been
complied with.

(10) Subsection (1) shall apply to all classes and types of election
advertisements except those exempted by the Commission by notice published in
the Gazette. (L.N. 396 of 1994 )

(11) Subject to subsection (12), where a returning officer has not been
appointed in respect of a constituency, for the purposes of this section, any
reference to a returning officer shall be construed as a reference to the
Chief Electoral Officer. (L.N. 221 of 1995)

(12) Subsection (11) shall not apply in relation to subsection (7). (L.N. 221
of 1995) (Enacted 1994)