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, without the express permission of the
Presiding Officer, films, or takes photographs or makes any audio or video
recording within a polling station commits an offence.

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

(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, on polling day, wears a badge, emblem or any clothing which
makes direct reference to an election, political organization in Hong Kong, a
candidate, the number allocated to a candidate or a list of candidates, within
a polling station, commits an offence.

(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)