Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 61

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 election or a by-election, or at any
time during a poll or count in respect of an election or a 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; or

   (c)  the count at all the counting stations, 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 the 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, in relation to that constituency, the
               holding of that election or by-election or adjourn the poll or
               count for that constituency, 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 that constituency is
               postponed or that the poll in respect of all the polling
               stations or the count in respect of all the counting stations
               for 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 66 for
        holding an election or a by-election in place of the postponed
        election or by-election respectively as regards the relevant
        constituency, or for holding a poll in place of the adjourned poll or
        the conduct of a count in respect of the adjourned count as regards
        the relevant constituency, as may be applicable. (Enacted 1995)