Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 44

Presiding Officer to keep order in no canvassing zone and no staying zone

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

(1) The Presiding Officer must use that Officer's best endeavours to ensure
that a person does not, on polling day-

   (a)  engage in the canvassing of votes in the no canvassing zone

(except as provided in section 43(14));

   (b)  use a sound amplifying system or device in the no canvassing  zone;

   (c)  use a sound amplifying system or device, for canvassing votes, so that
        the sound emitted by it can be heard in the no canvassing zone; (L.N.
        125 of 2003)

   (ca) conduct any activity for canvassing votes, so that the sound of the
        activity can be heard in the no canvassing zone; (L.N. 125 of 2003)

   (cb) subject to subsection (1B), without reasonable excuse, display or wear
        in the no canvassing zone any badge, emblem, clothing or head-dress
        which-

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

        (ii)   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; or (L.N. 125 of 2003)

   (d)  stay or loiter in the no staying zone (except where the person has
        been expressly permitted to do so by the Presiding Officer).

(1A) A person may, on polling day, canvass from door to door, without
obstructing any person, on the storeys above or below street level, in a
building within the no canvassing zone, which-

   (a)  the person is allowed to enter for the purpose of canvassing votes;
        and

   (b)  has no polling station inside it. (L.N. 125 of 2003)

(1B) A person may, for the purpose of canvassing votes as described in
subsection (1A), display or wear any badge, emblem, clothing or head-dress
referred to in subsection (1)(cb). (L.N. 125 of 2003)

(2) If, on polling day, in a no canvassing zone or a no staying  zone, a
person-

   (a)  misconducts himself or herself, the Returning Officer or the
        Presiding Officer may;

   (b)  fails to obey a lawful order of the Returning Officer, that Officer
        may; or

   (c)  fails to obey a lawful order of the Presiding Officer, that Officer
        may, order the person to leave the no canvassing zone or the
        no staying zone, as the case may be, immediately.

(3) If a person fails to leave when ordered to do so under subsection (2), the
person may be removed by a police officer or by a person authorized in writing
by the Returning Officer or the Presiding  Officer, as the case may be.

(4) A person who is removed under subsection (3) may not enter the relevant
area again on that day, unless the Returning Officer or the Presiding Officer,
as the case may be, permits him or her to do so.

(5) The powers conferred by this section are not to be exercised so as to
prevent a person from voting at the polling station allocated to that person.