Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 45

What constitutes offence at 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 a voter or an authorized representative; 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-

   (a)  the express permission of-

        (i)    the Presiding Officer; or

        (ii)   any member of the Commission; or

   (b)  the express permission, in writing, of the Returning Officer for the
        subsector or subsectors for which the polling station is used for
        polling, commits an offence.

(3) A person who, on polling day, engages in canvassing for votes or displays
an election advertisement within a polling station, commits an offence.

(4) A person who, on polling day-

   (a)  in a no canvassing zone or a no staying zone or within or at a
        polling station-

        (i)    fails to comply with a lawful order given by the Returning 
               Officer or the Presiding Officer; or

        (ii)   behaves in a disorderly manner; or

   (b)  contravenes section 40(14) or 41(4), commits an offence.

(5) A person who, without reasonable excuse, displays, on polling  day and
within a polling station, any badge, emblem or clothing which-

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

   (b)  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, 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.