Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 66

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 or a by-election is postponed under section  60 or 61 or
a poll is adjourned under section 60, 61 or 62 or a count is adjourned under
section 60 or 61, 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 60 or 61, appoint, subject to section 3(2) and section 11(2)
        and (3) of the Legislative Council (Electoral Provisions) Ordinance (
        Cap.  381), 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 60, 61 or 62,
        appoint, subject to section 3(2) and section 11(2) and (3) of the
        Legislative Council (Electoral Provisions) Ordinance ( Cap. 381), 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 60 or 61,
        appoint a date for the count in place of the adjourned count.

(2) Where the postponement or adjournment referred to in subsection

(1) is-

   (a)  due to the occurrence of-

        (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 such 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 or by-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.

(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 1995)