Hong Kong Regulations

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

What constitutes an offence at a polling station

(Past version on 21/07/2003).
(Past version on 01/08/1999).

(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
        Returning Officer, Assistant Returning  Officer, Presiding Officer,
        Deputy Presiding Officer, Assistant Presiding  Officer or any
        polling officer not to do so, that person commits an offence. (L.N.
        125 of 2003; L.N. 79 of 2007)

(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 or wears in the no 
canvassing zone, without reasonable excuse (except as provided in section  43
(15)), any badge, emblem, clothing or head-dress which-

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

   (b)  makes direct reference to-

        (i)    a body any member of which is standing as a candidate in the
               election; or

        (ii)   a prescribed body the registered name or registered emblem of
               which has been printed on any ballot paper for the election,
               (L.N. 79 of 2007) commits an offence. (L.N. 125 of 2003)

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

   (a)  a Returning Officer and an Assistant Returning Officer for the
        constituency or constituencies for which the polling station is used;
        (L.N. 125 of 2003)

   (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 subsection (1), (3), (4) or (5) is
liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 79 of
2007)

(8) (Repealed L.N. 125 of 2003)

(9) A person who commits an offence under subsection (2) is liable to a fine
at level 2 and to imprisonment for 6 months. (L.N. 79 of 2007)