Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 38

Order at polling station

(1) The Returning Officer and the Presiding Officer shall keep order at the
polling station concerned.

(2) No person shall-

   (a)  communicate with any elector; or

   (b)  use a mobile telephone, paging machine or any other communication
        device to communicate with any other person, in a polling station
        during the polling hours contrary to a direction of the
        Returning Officer or the Presiding Officer not to do so.

(3) Subsection (2) does not apply to-

   (a)  a member of the Commission;

   (b)  the Director of Home Affairs;

   (c)  a Returning Officer;

   (d)  an Assistant Returning Officer;

   (e)  the Chief Electoral Officer;

   (f)  the Presiding Officer appointed for the polling station;

   (g)  a polling officer appointed for the polling station;

   (h)  a public officer on duty at the polling station;

   (i)  a member of the Civil Aid Service on duty at the polling  station; or

   (j)  a person authorized by the Returning Officer or a member of the
        Commission in writing to do an act prohibited by subsection (2).

(4) No person shall-

   (a)  film;

   (b)  take a photograph; or

   (c)  make any audio or video recording, in a polling station on the
        polling day without the express permission of a member of the
        Commission, the Returning Officer or the Presiding Officer.

(5) No person shall-

   (a)  engage in canvassing for votes; or

   (b)  without reasonable excuse, display any propaganda material relating
        to-

        (i)    any candidate or his candidate number;

        (ii)   a body any member of which is standing as a candidate in the
               election concerned or a political body; or

        (iii)  the election of Village Representatives, in a polling station
               on the polling day.

(6) For the purposes of subsection (5), suggesting not to vote for any
candidate shall be regarded as canvassing for votes.

(7) No person shall, in a polling station or its vicinity-

   (a)  fail to comply with a lawful direction given by the Returning  Officer
        or the Presiding Officer;

   (b)  disrupt the poll;

   (c)  disturb or cause inconvenience to any person except in the execution
        of his duty; or

   (d)  otherwise misconduct himself, on the polling day.

(8) If a person contravenes subsection (5) or (7), the Returning  Officer or
the Presiding Officer may-

   (a)  require the person to produce his identity document for inspection;
        and

   (b)  order the person to leave the polling station or its vicinity, as the
        case may be, immediately.

(9) No person shall fail to produce his identity document when required to do
so under subsection (8).

(10) If a person fails to leave when ordered to do so under subsection (8), he
may be removed by a police officer or by a person authorized in writing by the
Returning Officer who ordered him to leave or the Presiding Officer.

(11) No person who is removed under subsection (10) shall enter the
polling station or its vicinity again on the polling day without the express
permission of the Returning Officer who ordered him to leave or the
Presiding Officer.

(12) The powers conferred by subsections (8) and (10) shall not be so
exercised as to prevent an elector from voting.