Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 63

Procedure after adjournment of poll

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

(1) Where a poll is adjourned under section 60, 61 or 62 or under section 26A
of the Legislative Council (Electoral Provisions) Ordinance ( Cap. 381), 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 60 or 61 or under section 26A of the Legislative 
               Council (Electoral Provisions) Ordinance ( Cap. 381), as soon
               as the relevant declaration of adjournment comes to his
               knowledge; or

        (ii)   under section 62, 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 final register to the returning  officer.

   (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 paragraph (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 60, 61 or 62 or under section 26A
of the Legislative Council (Electoral Provisions) Ordinance ( Cap. 381), 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 1995)