Hong Kong Regulations

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

What constitutes an offence at a polling station

(Past version on 05/05/2000).
(Past version on 27/02/1998).
(Past version on 21/01/1998).

(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
        Returning Officer, Assistant Returning  Officer, Presiding Officer or
        any polling officer not to do so, that person commits an offence.
        (L.N. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004)

(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 the
        constituency or constituencies for which the polling station is used
        for polling, (L.N. 84 of 2004) 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 or wears, on polling day
and within a polling station, any badge, emblem, clothing or head-dress which-
(L.N. 84 of 2004)

   (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 prescribed body the registered name
        or registered emblem of which has been printed on any ballot paper for
        the election, (L.N. 84 of 2004) commits an offence. (L.N. 65 of 2000)

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

   (a)  a Returning Officer or an Assistant Returning Officer; (L.N. 84 of
        2004)

   (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- (L.N. 84 of 2004 and L.N. 140 of 2004)

   (a)  under subsection (2) is liable to a fine at level 2 and to
        imprisonment for 6 months;

   (b)  under subsection (1), (3), (4) or (5) is liable to a fine at level 2
        and to imprisonment for 3 months. (L.N. 84 of 2004 and L.N. 140 of
        2004)
(L.N. 147 of 1998)