Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 45

What constitutes an offence at a polling station

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

(1) Subject to subsection (6), if on polling day, within a polling  station, a
person-

   (a)  communicates with an elector or an authorized representative; or

   (b)  uses a mobile telephone, paging machine or any other device for
        electronic communication, contrary to a direction of the
        Presiding Officer not to do so, that person commits an offence. (L.N.
        147 of 1998)

(2) A person who, on polling day, films or takes photographs or makes any
audio or video recording within a polling station without-

   (a)  the express permission of-

        (i)    the Presiding Officer; or

        (ii)   any member of the Commission; or

   (b)  the express permission, in writing, of the Returning Officer for-

        (i)    the constituency or constituencies for which the polling 
               station is used for polling; or

        (ii)   the Election Committee election, if the polling station is used
               for polling for that election, commits an offence. (L.N. 65 of
               2000)

(3) A person who, on polling day, engages in the canvassing for votes or
displays an election advertisement within a polling station commits an
offence. (L.N. 65 of 2000)

(4) A person who, on polling day, fails to comply with a lawful order given by
the Returning Officer or the Presiding Officer or behaves in a disorderly
manner in a no canvassing zone or a no staying zone or within or at a
polling station or contravenes section 40(16) or 41(4), commits an offence.

(5) A person who, without reasonable excuse, displays, on polling  day and
within a polling station, any badge, emblem or clothing which-

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

   (b)  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, commits
        an offence. (L.N. 65 of 2000)

(6) Subsection (1) does not apply to-

   (a)  a Returning Officer;

   (b)  a member of the Commission;

   (c)  the Chief Electoral Officer; (L.N. 147 of 1998)

   (d)  a person authorized in writing by a member of the Commission to so
        communicate;

   (e)  a Presiding Officer;

   (f)  a polling officer;

   (g)  a person authorized in writing by the Returning Officer to act as a
        liaison officer;

   (h)  a police officer on duty at a polling station; or

   (i)  a member of the Civil Aid Service on duty at the polling  station.

(7) A person who commits an offence under this section is liable to a fine at
level 2 and to imprisonment for 3 months. (L.N. 147 of 1998)