Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 40

Returning Officer to determine no canvassing zones and no staying zones

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

(1) The Returning Officer for a subsector must determine an area outside each
polling station used for polling for that subsector as a no  canvassing zone
and an area within that area as a no staying zone. A no  canvassing zone and a
no staying zone are to be determined with reference to a map or plan.

(2) If a polling station is to be used for polling for more than one
subsector, the determination of the no canvassing zone and the no 
staying zone is to be made by the Returning Officer specified for the purpose
by the Chief Electoral Officer.

(3) If a polling station is to be used for polling for only one subsector, the
Returning Officer for the subsector must give notice to the candidates.

(4) If a polling station is to be used for polling for more than one
subsector, the Returning Officer who makes the determination must give notice
to the candidates for the subsector for which that Officer is appointed and
the Returning Officers for the other subsectors for which the polling station
is to be used.

(5) Notice under subsection (3) or (4) must be given at least 5 days before
polling day.

(6) A Returning Officer who is given notice under subsection (4) must give
notice to the candidates for the subsector for which that Officer is appointed
as soon as practicable after that Officer receives the notice.

(7) A Returning Officer who makes a determination of a no  canvassing zone or
a no staying zone may vary either or both of those areas in accordance with
this section. Subject to subsection (11), notice of a variation must be given
as soon as practicable after the variation in the same manner as notice of a
no canvassing zone or a no staying zone is given under subsection (3) or (4).

(8) On polling day, the Returning Officer who has determined the no 
canvassing zone or the no staying zone (or subsequently varied it, if
applicable) must display at or near the polling station a notice of the no 
canvassing zone and the no staying zone. That Officer must also indicate the
boundaries of those zones in a manner that Officer thinks fit.

(9) If after display under subsection (8), either or both of those areas are
varied, the Returning Officer must display at or near the polling station a
notice of the no canvassing zone or the no staying zone or both those zones,
if appropriate, as varied.

(10) A determination of a no canvassing zone or a no staying zone or the
variation of such an area becomes effective only on the display of a notice
under subsection (8) or (9), as may be applicable.

(11) A notice of a variation under subsection (7) need not be given to the
candidates if it is not reasonably practicable to do so before the close of
the poll. Notice may be given to the election agent or polling  agent of a
candidate if present at the polling station.

(12) A notice required to be given to a candidate under this section may be
given to the election agent or polling agent of the candidate instead of to
the candidate.

(13) For the purposes of this section, "notice" (通知、公告) means a
notice of the determination of the no canvassing zone and the no staying  zone
with a map or plan or separate maps or plans showing those zones in relation
to the relevant polling station.

(14) On polling day, a person must not-

   (a)  subject to subsection (15)(a), engage in canvassing for votes in a
        no canvassing zone;

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

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

   (d)  subject to subsection (15)(b), without reasonable excuse, display in
        the no canvassing zone any badge, emblem or clothing which-

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

        (ii)   makes direct reference to a political body in Hong Kong or to a
               body any member of which is standing as a candidate at the
               subsector  election; or

   (e)  stay or loiter in the no staying zone without the express permission
        of the Presiding Officer.

(15) On polling day, a person may, on the storeys above or below street level
in a building within the no canvassing zone other than a building in which
there is a polling station-

   (a)  without obstructing any person, canvass for votes from door to door;
        and

   (b)  for the purpose of such canvassing, display any badge, emblem or
        clothing referred to in subsection (14)(d).

"notice" (通知、公告)