Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION,ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 93

Enforcement of provisions as to secrecy

(Past version on 12/10/2001).



"voter" (投票人)

(1) A person who divulges to any other person, by communicating information as
to the name or identity document number in a register of voters, or otherwise,
whether a person has or has not applied for a ballot paper or voted, commits
an offence.

(2) Subsection (1) does not apply to anything done for a purpose authorized by
law or when required to do so by a police officer or an officer of the
Independent Commission Against Corruption investigating an offence under the
Ordinance, any regulation made under the Ordinance, the
Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554), sections 3, 4
and 8 of the Prevention of Bribery Ordinance ( Cap 201) or section 13B of the
Independent Commission Against Corruption Ordinance ( Cap 204).

(3) A person who communicates to any other person any information obtained at
a counting of votes as to the candidate for whom a vote has been given on any
particular ballot paper, commits an offence.

(4) A person who interferes with a voter when the voter is recording the vote,
commits an offence.

(5) A person who interferes with or attempts to interfere with any ballot
boxes, un-issued ballot papers, tendered ballot papers, unused  ballot papers,
spoilt ballot papers, marked ballot papers or a copy of the
subsector final register marked under section 53(5), commits an offence.

(6) A person who interferes with or attempts to interfere with any opened
ballot boxes, ballot paper accounts, verifications or re-verifications of such
accounts or any other relevant subsector election materials referred to in
this Regulation, commits an offence.

(7) A person who obtains or attempts to obtain in any manner-

   (a)  within a polling station or a no staying zone; or

   (b)  within a no canvassing zone, without the express permission of the
        Presiding Officer or the Commission, information as to the candidate
        for whom a voter in the polling station is about to vote or has voted,
        commits an offence.

(8) A person who communicates at any time to any person any information
obtained in a polling station as to the candidate for whom a voter is about to
vote or has voted, commits an offence.

(9) A person who directly or indirectly induces a voter to display the voter's
ballot paper after the voter has marked it so as to make known to any person a
candidate for or against whom the voter has voted, commits an offence.

(10) A person who commits an offence under this section is liable to a fine at
level 2 and to imprisonment for 6 months. (L.N. 114 of 2006)

(11) In this section, "voter" (投票人) includes an authorized 
representative.