Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 41

Presiding Officer to keep order in no canvassing zone and no staying zone

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

(1) The Presiding Officer must use that Officer's best endeavours to ensure
that a person does not, on polling day-

   (a)  engage in the canvassing for votes in the no canvassing zone

(except as provided in section 40(17)); (L.N. 65 of 2000; L.N. 84 of 2004 and
L.N. 140 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 and
        L.N. 140 of 2004; L.N. 66 of 2008)

   (b)  use a sound amplifying system or device 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) (except as provided in section 40(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 and L.N. 140 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 and L.N. 140 of 2004) (L.N. 65 of 2000)

   (d)  stay or loiter in the no staying zone (except where the person has
        been expressly permitted to do so by the Presiding Officer).

(2) If, on polling day, in a no canvassing zone or a no staying  zone, a
person-

   (a)  misconducts himself or herself, the Returning Officer or the
        Presiding Officer may;

   (b)  fails to obey a lawful order of the Returning Officer, that Officer
        may; or

   (c)  fails to obey a lawful order of the Presiding Officer, that Officer
        may, order the person to leave the no canvassing zone or the
        no staying zone, as the case may be, immediately.

(3) If a person fails to leave when ordered to do so under subsection (2), the
person may be removed by a police officer or by a person authorized in writing
by the Returning Officer or the Presiding  Officer, as may be appropriate.

(4) A person who is removed under subsection (3) may not enter the relevant
zone again on that day, unless the Returning Officer or the Presiding Officer,
as may be appropriate, permits him or her to do so. (L.N. 84 of 2004)

(5) The powers conferred by this section are not to be exercised so as to
prevent a person from voting at the polling station allocated to that person.