Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 41

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 canvassing for votes in the no canvassing zone

(except as provided in section 40(15)(a));

   (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)  (except as provided in section 40(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 (except where the person has
        been expressly permitted to do so by the Presiding Officer).

(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 may be appropriate.

(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 may be appropriate, 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.

(6) For the purpose of subsection (2) but without limiting it, a person
misconducts himself or herself if the person causes an obstruction to any
person who is in the no canvassing zone or the no staying zone and on his or
her way to vote.