Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 40

Returning Officer to determine no canvassing zones and no staying zones

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

(1) The Returning Officer for a constituency or the Election 
Committee election must determine an area outside each polling station used
for polling for that constituency or election as a no canvassing zone and an
area within that area as a no staying zone. A no canvassing zone and a
no staying zone are to be determined with reference to a map or plan.

(2) If a polling station is to be used for polling for-

   (a)  more than one constituency; or

   (b)  jointly for a constituency or constituencies and for the
        Election Committee election, the determination of the
        no canvassing zone and the no staying zone is to be made by the
        Returning Officer specified for the purpose by the Chief Electoral
        Officer.

(3) If the polling station is to be used only for one geographical 
constituency, the Returning Officer for the geographical constituency must
give notice to the list of candidates nominated for that constituency. In the
case of a multiple candidates list, notice must be given to the candidate
ranking first in priority on the list and, in the case of a
single candidate list, the candidate on the list.

(4) If the polling station is to be used only for one functional 
constituency, the Returning Officer for the functional constituency must give
notice to the candidates for that constituency.

(5) If the polling station is to be used only for the Election 
Committee election, the Returning Officer must give notice to the candidates
for that election.

(6) If a polling station is to be used for-

   (a)  more than one constituency; or

   (b)  jointly for a constituency or constituencies and the Election 
        Committee election, the following applies-

        (i)    if the Returning Officer who makes the determination is the
               Returning Officer for a constituency, that Officer must give
               notice to the candidates for that constituency and the
               Returning Officers for the other constituencies and the
               Returning Officer for the Election Committee  election, as may
               be applicable; and

        (ii)   if the Returning Officer who makes the determination is the
               Returning Officer for the Election Committee election, that
               Officer must give notice to the candidates for that election
               and the Returning Officers for the constituencies.

(7) Notice under subsection (3), (4), (5) or (6) must be given at least 7 days
before polling day.

(8) A Returning Officer who is given notice under subsection (6) must give
notice to the candidates for the constituency for which that Officer is
appointed or to the candidates for the Election Committee  election, as may be
applicable, as soon as practicable after that Officer receives the notice.

(9) A Returning Officer who makes a determination of a no  canvassing zone or
a no staying zone may vary either or both those areas in accordance with this
section. Subject to subsection (13), notice of a variation must be given as
soon as practicable after the variation in the same manner as notice of a
no canvassing zone or a no staying zone is given under subsection (3), (4),
(5), (6) or (8).

(10) On polling day, the Returning Officer who has determined the
no canvassing zone or the no staying zone (or subsequently varied it, if
applicable) must display at or near the polling station a notice of the no 
canvassing zone and the no staying zone. That Officer must also indicate the
boundaries of those zones in a manner that Officer thinks fit.

(11) If after display under subsection (10), either or both of those areas are
varied, the Returning Officer must display at or near the polling station a
notice of the no canvassing zone or the no staying zone or both those zones,
if appropriate, as varied.

(12) A determination of a no canvassing zone or a no staying zone or the
variation of such an area becomes effective only on the display of a notice
under subsection (10) or (11), as may be applicable.

(13) A notice of a variation under subsection (11) need not be given to the
candidates if it is not reasonably practicable to do so before the close of
the poll. Notice may be given to the election agent or polling agent of a
candidate if present at the polling station.

(14) A notice required to be given to a candidate under this section may be
given to the election agent or polling agent of the candidate instead of to
the candidate.

(15) For the purposes of this section "notice" (通知、公告) means a
notice of the determination of the no canvassing zone and the no staying  zone
with a map or plan or separate maps or plans showing those zones in relation
to the relevant polling station.

(16) On polling day, a person must not-

   (a)  subject to subsection (17)(a), engage in canvassing for votes in a
        no canvassing zone; (L.N. 65 of 2000)

   (b)  use a sound amplifying system or device for any purpose in the
        no canvassing zone;

   (c)  use a sound amplifying system or device, for canvassing for votes, so
        that the sound emitted by it can be heard in the no canvassing  zone;
        (L.N. 65 of 2000)

   (ca) subject to subsection (17)(b), without reasonable excuse, display in
        the no canvassing zone any badge, emblem or clothing which-

        (i)    may promote or prejudice the election of a candidate or
               candidates at the election; or

        (ii)   makes direct reference to a body any member of which is
               standing as a candidate in the election or to a political body
               in Hong Kong; or (L.N. 65 of 2000)

   (d)  stay or loiter in the no staying zone without the express permission
        of the Presiding Officer.

(17) On polling day, a person may, on the storeys above or below street level
in a building within the no canvassing zone other than a building in which
there is a polling station-

   (a)  without obstructing any person, canvass for votes from door to door;
        and

   (b)  for the purpose of such canvassing, display any badge, emblem or
        clothing referred to in subsection (16)(ca). (L.N. 65 of 2000)

"notice" (通知、公告)