Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 48

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

   (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.

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

   (a)  the Presiding Officer;

   (b)  the Returning Officer for the constituency or constituencies for which
        the polling station is used; or

   (c)  any member of the Commission, 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 43(13) or 44(4), commits an offence.

(5) A person who, on polling day, displays a badge, emblem or any clothing
which makes direct reference to the election, a body with any member standing
as a candidate in the election, a Hong Kong political  organization, a
candidate or the number allocated to a candidate, 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;

   (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.

(8) In this section "political organization" (政治性組織) means-

   (a)  a political party or an organization that purports to be a political
        party; or

   (b)  an organization whose principal function or main object is to promote
        or prepare a candidate for an election.

"political organization" (政治性組織)