Hong Kong Regulations

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

Returning Officer to determine no canvassing zones and no staying zones

(Past version on 16/07/2004).
(Past version on 05/05/2000).
(Past version on 21/01/1998).



"notice" (通知、公告)

(1) The Returning Officer for a constituency must determine an area outside
each polling station used for polling for that constituency 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. (L.N. 84 of 2004)

(2) If a polling station is to be used for polling for more than one
constituency, 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. (L.N. 84 of 2004)

(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(5) (Repealed L.N. 84 of 2004)

(6) If a polling station is to be used for more than one constituency, and 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. (L.N. 84
of 2004)

(7) Notice under subsection (3), (4) or (6) must be given at least 7 days
before polling day. (L.N. 84 of 2004)

(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 as soon as practicable after that Officer receives the notice. (L.N.
84 of 2004)

(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),
(6) or (8). (L.N. 84 of 2004)

(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.

(11A) A Returning Officer may perform any act which that Officer is required
or authorized to perform under subsections (9), (10) and (11) through a
Presiding Officer. (L.N. 66 of 2008)

(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), engage in canvassing for votes in a
        no canvassing zone; (L.N. 65 of 2000; L.N. 84 of 2004)

   (aa) conduct any activity for canvassing for votes so that the sound of the
        activity can be heard in the no canvassing zone; (L.N. 84 of 2004;
        L.N. 66 of 2008)

   (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 (18), without reasonable excuse, display or wear
        in the no canvassing zone any badge, emblem, clothing or head-dress
        which— (L.N. 84 of 2004)

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

        (ii)   makes direct reference to— (A) a body any member of which is
               standing as a candidate in the election; or (B) a
               prescribed body the registered name or registered emblem of
               which has been printed on any ballot paper for the election; or
               (L.N. 84 of 2004) (L.N. 65 of 2000)

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

(17) A person may, on polling day, canvass for votes from door to door,
without obstructing any person, on the storeys above or below street level, in
a building within the no canvassing zone, which—

   (a)  the person is allowed to enter for the purpose of canvassing for
        votes; and

   (b)  has no polling station inside it. (L.N. 84 of 2004)

(18) A person may, for the purpose of canvassing for votes as described in
subsection (17), display or wear any badge, emblem, clothing or head-dress
referred to in subsection (16)(ca). (L.N. 84 of 2004)