Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 53A

Elector who has not cast vote may return to cast vote with permission

(1) Subject to subsection (5), if an elector—

   (a)  has been issued with a ballot paper; and

   (b)  has left the polling station without casting the vote, the elector
        must not cast the vote when the elector returns to the polling 
        station before the close of the poll unless—

   (c)  before leaving the polling station, the elector has—

        (i)    made a request to the Presiding Officer for permission to cast
               the vote before the close of the poll;

        (ii)   informed the Presiding Officer of the reason for leaving the
               polling station without casting the vote; and

        (iii)  returned the ballot paper, unmarked, to the Presiding  Officer;
               and

   (d)  the Presiding Officer has granted the requested permission.

(2) If an elector has complied with subsection (1)(c), the Presiding Officer
must grant the permission unless that Officer is of the opinion that the
request is a manifest abuse of the facilities provided by this section.

(3) If the Presiding Officer grants the permission to an elector under
subsection (2), that Officer must—

   (a)  keep in custody the ballot paper returned by the elector under
        subsection (1)(c)(iii); and

   (b)  on the elector's return to the polling station before the close of the
        poll to cast the vote, re-issue the ballot paper to the elector in the
        presence of a police officer.

(4) If the Presiding Officer does not grant the permission to an elector under
subsection (2), that Officer must immediately re-issue to the elector the
ballot paper returned under subsection (1)(c)(iii).

(5) An elector who—

   (a)  has been issued with a ballot paper;

   (b)  has become incapacitated from voting by physical illness; and

   (c)  has left the polling station after—

        (i)    returning the ballot paper, unmarked, to the Presiding Officer;
               or

        (ii)   leaving the ballot paper, unmarked, behind in the polling 
               station without putting the ballot paper into the ballot box
               (if the Presiding Officer is aware that the elector has so left
               the ballot paper behind before leaving the polling station),
               may return to the polling station before the close of the poll
               and cast the vote.

(6) If any ballot paper is returned under subsection (5)(c)(i) or left behind
in the polling station under subsection (5)(c)(ii) by an elector, the
Presiding Officer must—

   (a)  keep in custody the ballot paper; and

   (b)  on the elector's return to the polling station before the close of the
        poll to cast the vote, re-issue the ballot paper to the elector in the
        presence of a police officer.

(7) For the purposes of this Regulation, re-issuing a ballot paper under
subsection (3), (4) or (6) is to be regarded as issuing a ballot paper under
section 53(1) or (2).

(8) In this section, references to “elector” are to be construed as
including an authorized representative. (L.N. 140 of 2004) (L.N. 84 of 2004)