Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 44

Who may enter or be present at a polling station

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

(1) Except where it is provided otherwise in this Regulation, a person must
not enter a polling station other than to vote.

(2) Subject to subsections (4) and (5), in order to ensure that polling takes
place smoothly and efficiently, the Presiding Officer may-

   (a)  regulate the number of electors, authorized representatives,
        candidates, election agents and polling agents to be admitted to the
        polling station at any one time; or

   (b)  exclude any person from the polling station.

(3) Without limiting subsection (2), the Presiding Officer may exclude from
the polling station any person who is present in contravention of this
section.

(4) The Presiding Officer may not exclude from the polling station-

   (a)  a polling officer;

   (aa) the Chief Returning Officer; (L.N. 65 of 2000)

   (b)  the Returning Officers or Assistant Returning Officers for the
        constituencies for which the polling station is used; (L.N. 65 of
        2000)

   (c)  if the polling station is used for the Election Committee  election,
        the Returning Officer or Assistant Returning Officers for that
        election; (L.N. 65 of 2000)

   (d)  members of the Commission;

   (e)  public officers on duty at the polling station;

   (f)  the Chief Electoral Officer; (L.N. 65 of 2000)

   (g)  public officers authorized in writing by the Chief Electoral Officer;
        or (L.N. 65 of 2000)

   (h)  persons authorized in writing by a member of the Commission. (L.N. 65
        of 2000)

(5) A person authorized by the Commission to be present in a polling station
may be present in accordance with the terms of the authorization.

(6) Subject to subsections (7), (8), (9), (10), (11) and (12), on behalf of
each candidate or list of candidates, one polling agent of that candidate or
list may be present in the polling station at any one time.

(7) If a candidate or one of the candidates on a multiple  candidates list is
present in the polling station, the election agent or polling agent of that
candidate or list may not be present in that polling  station at the same
time.

(8) If the election agent of a candidate or a list of candidates is present in
the polling station, a polling agent of that candidate or list may not be
present in that polling station at the same time.

(9) A candidate, an election agent or polling agent may be present in the
polling station subject to the availability of seats in the area designated to
accommodate them.

(10) A person referred to in subsection (9) who wishes to be admitted to the
polling station must, on arriving at the polling station, report in person to
the Presiding Officer and produce his or her identity  document and a
declaration of secrecy completed on the specified form by him or her.

(11) If the area referred to in subsection (9) is occupied to its full seating
capacity, the Presiding Officer may refuse entry to the polling station to any
person referred to in that subsection. That Officer may make arrangements for
admitting them to the polling station later.

(12) Only an election agent or polling agent regarding whom notice of
appointment has been given under this Regulation may be present at a
polling station on behalf of a candidate or a list of candidates.

(13) If-

(a) a person arrives at a polling station for the purpose of voting
accompanied by a child; and

   (b)  the Presiding Officer considers that the child-

        (i)    should not be left unattended while the person is in the
               polling station; and

        (ii)   will not disturb or cause inconvenience to any person in the
               polling station, that Officer may permit the child to enter the
               polling station. (L.N. 65 of 2000)

(14) The Presiding Officer must not exercise the powers conferred on that
Officer under this section so as to prevent a person from voting at the
polling station allocated to that person. (L.N. 147 of 1998)