Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) 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.

          (a) in subparagraph (i), "returning officer" (             ) 
where
it first appears;
          (b) in subparagraphs (ii) and (iii), "returning officer"  ( 

),
means the returning officer who makes the relevant declaration under
subsection (1).
(Enacted 1995)

(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 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)-

   (a)  if the polling station concerned is a polling station designated-

        (i)    for a geographical constituency, the returning officer shall
               give notice, to each candidate for that geographical
               constituency, and if it is designated also for one or more
               functional constituencies, to the returning officer for the
               functional constituency or the returning officer for each
               functional constituency;

        (ii)   for the election committee constituency, the returning officer
               shall give notice to each candidate for that constituency;

        (iii)  for a functional constituency only, the returning officer shall
               give notice to each candidate for the functional constituency;
               and

        (iv)   for more than one functional constituency, the Chief Returning 
               Officer shall give notice to the returning officer for each
               such functional constituency; and

   (b)  the returning officer of any functional constituency to whom notice is
        given under paragraph (a)(i) or (iv), shall give notice to each
        candidate, of the relevant declarations under subsection (1)(a) and
        (b) respectively.

(7) Where a returning officer makes a declaration under subsection

(1), he shall display on 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, shall display on 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), if the polling station concerned is a polling station referred to in-

   (a)  subsection (6)(a)(i), the returning officer referred to in that
        subsection shall-

        (i)    notify each candidate for the geographical constituency
               concerned of the variation unless it is not reasonably
               practicable to do so before the close of poll; and

        (ii)   inform the returning officer of the functional constituency or
               the respective returning officers of the functional
               constituencies of the variation;

   (b)  subsection (6)(a)(ii) or (iii), the respective returning  officers
        referred to therein shall notify each candidate for the election
        committee constituency or the functional constituency concerned, as
        the case may be, of the variation, unless it is not reasonably
        practicable to do so before the close of poll; and

   (c)  subsection (6)(a)(iv), the Chief Returning Officer shall inform the
        returning officers for the functional constituencies for which that
        polling station is designated of the variation.

(10) The returning officer or each returning officer informed under subsection
(9)(a)(ii) or (c) shall, unless it is not reasonably practicable to do so,
notify each candidate for the constituency concerned of the variation.

(11) 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, as the case may be, concerned.

(12) 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.

(13) A returning officer referred to in subsection (1) may, in respect of any
polling station, authorize the assistant returning officer or the 
presiding officer to perform his functions under this section on polling day.

(14) Where a returning officer is required to notify a candidate under
subsection (6) or (9)(a)(i) or (b) or (10), 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.

(15) In subsection (6)(a)-

        (a)	in subparagraph (i), "returning officer" (             ) where 
it first appears;

        (b)	in subparagraphs (ii) and (iii), "returning officer" (
), means the returning officer who makes the relevant declaration under
subsection (1). (Enacted 1995)