Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 74

Enforcement of provisions as to secrecy

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

(1) A person shall not-

   (a)  except for a purpose authorized by law or when required to do so by a
        police officer or an officer of the Independent Commission Against
        Corruption investigating an offence under the Corrupt and Illegal 
        Practices Ordinance ( Cap. 288), sections 3, 4 and 8 of the
        Prevention of  Bribery Ordinance ( Cap. 201), section 13B of the
        Independent Commission  Against Corruption Ordinance ( Cap. 204) or
        the Boundary and Election  Commission Ordinance ( Cap. 432) or any
        regulation made thereunder, divulge to any other person by
        communicating information as to the identity card number or a name in
        the register, or otherwise, whether a person has or has not applied
        for a ballot paper or voted at a polling station; or

   (b)  communicate to any person any information obtained at a count as to
        the candidate for whom a vote has been given on any particular ballot
        paper.

(2) A person shall not-

   (a)  interfere with or attempt to interfere with an elector when he is
        recording his vote;

   (b)  interfere with or attempt to interfere with any ballot boxes,
        unissued ballot papers, unused ballot papers, spoilt ballot papers,
        tendered ballot papers, marked ballot papers or a copy of the final
        register marked under section 34(4);

   (c)  interfere with or attempt to interfere with any opened ballot boxes,
        ballot paper accounts, verifications or re-verifications of such
        accounts or any other relevant election materials referred to in this
        Regulation;

   (d)  obtain or attempt to obtain in any manner-

        (i)    within a polling station or a no staying area; or

        (ii)   within a no canvassing area, without the express permission of
               the presiding officer, information as to the candidate for whom
               an elector in that station is about to vote or has voted;

   (e)  communicate at any time to any person any information obtained in a
        polling station as to the candidate for whom an elector in that
        station is about to vote or has voted; and

   (f)  directly or indirectly induce an elector to display his ballot paper
        after he has marked it so as to make known to any person the name of
        the candidate for or against whom he has so marked his vote.

(3) Any person who contravenes this section commits an offence and is liable
to a fine at level 2 and imprisonment for 3 months. (Enacted 1995)