Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 55

Voter or authorized representative having left polling station without casting vote may return to cast vote under certain circumstances

(1) Subject to subsection (6), a voter or authorized representative who-

   (a)  has been issued with a ballot paper; and

   (b)  has left the polling station without casting his or her vote, must not
        cast the vote unless before leaving the polling station, the voter or
        authorized representative has made a request to the Presiding  Officer
        for permission to cast the vote at the polling station before the
        close of the poll and the Presiding Officer has granted the
        permission.

(2) On making a request under subsection (1), the voter or
authorized representative must-

   (a)  inform the Presiding Officer of his or her reason for leaving the
        polling station without casting the vote; and

   (b)  immediately give back to that Officer the ballot paper that has been
        issued to him or her.

(3) If a voter or authorized representative has made a request under
subsection (1) and has complied with subsection (2), the Presiding  Officer
must grant the permission unless that Officer is of the opinion that the
request is a manifest abuse of the facilities provided by this section.

(4) If the Presiding Officer grants the permission under subsection

(3), that Officer must-

   (a)  keep in that Officer's custody the ballot paper that is given to that
        Officer under subsection (2)(b); and

   (b)  on the voter's or authorized representative's return to the
        polling station before the close of the poll to cast his or her vote,
        return to the voter or authorized representative that ballot paper in
        the presence of a police officer.

(5) If the Presiding Officer does not grant the permission under subsection
(3), that Officer must immediately return to the voter or
authorized representative the ballot paper that is given to that Officer under
subsection (2)(b).

(6) A voter or authorized representative who-

   (a)  has been issued with a ballot paper;

   (b)  becomes incapacitated from voting by physical illness; and

   (c)  has left the polling station without casting his or her vote, may cast
        the vote at the polling station before the close of the poll if before
        he or she leaves the polling station, the ballot paper has been given
        back to the Presiding Officer. In that case, the Presiding Officer
        must keep that ballot paper in that Officer's custody and on the
        voter's or authorized representative's return to the polling station
        before the close of the poll to cast the vote, return to the voter or
        authorized  representative that ballot paper in the presence of a
        police officer.

(7) When a voter or authorized representative is returned a ballot paper under
subsection (4)(b), (5) or (6), section 54 and this section apply as if the
voter or authorized representative had been issued with the ballot paper.