Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 46

Elector who has not cast vote may return to cast vote with permission

(1) Subject to subsection (5), if-

   (a)  an elector has been issued with a ballot paper or ballot papers; and

   (b)  (except in the case under section 45(3)) he has left the
        polling station without casting his vote or any of his votes, he shall
        not cast the vote or votes when he returns to the polling station
        before the close of the poll unless-

   (c)  before leaving the polling station, he has-

        (i)    made a request to the Presiding Officer for permission to cast
               the vote or votes before the close of the poll;

        (ii)   informed the Presiding Officer of his reason for leaving the
               polling station without casting the vote or votes; and

        (iii)  returned the ballot paper or ballot papers, unmarked, to the
               Presiding Officer; and

   (d)  the Presiding Officer has granted the requested permission.

(2) If an elector has complied with subsection (1)(c), the Presiding Officer
shall grant the permission unless he is of the opinion that the request is a
manifest abuse of the facilities provided by this section.

(3) If the Presiding Officer grants the permission to an elector under
subsection (2), he shall-

   (a)  keep in his custody the ballot paper or ballot papers returned by the
        elector under subsection (1)(c)(iii); and

   (b)  on the elector's return to the polling station before the close of the
        poll to cast the vote or votes, re-issue the ballot paper or ballot
        papers to the elector in the presence of a police officer.

(4) If the Presiding Officer does not grant the permission to an elector under
subsection (2), he shall immediately re-issue to the elector the ballot paper
or ballot papers returned under subsection (1)(c)(iii).

(5) An elector who-

   (a)  has been issued with a ballot paper or ballot papers;

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

   (c)  has left the polling station after-

        (i)    returning the ballot paper or ballot papers, unmarked, to the
               Presiding Officer; or

        (ii)   leaving the ballot paper or ballot papers, unmarked, behind in
               the polling station without putting the ballot paper or ballot
               papers into the ballot box or ballot boxes (if the
               Presiding Officer is aware that the elector has so left the
               ballot paper or ballot papers behind before leaving the
               polling station), may return to the polling station before the
               close of the poll and cast his vote or votes.

(6) If any ballot paper is returned under subsection (5)(c)(i) or left behind
in the polling station under subsection (5)(c)(ii) by an elector, the
Presiding Officer shall-

   (a)  keep in his custody the ballot paper; and

   (b)  on the elector's return to the polling station before the close of the
        poll to cast the vote, re-issue the ballot paper to the elector in the
        presence of a police officer.

(7) For the purposes of this Regulation, re-issuing a ballot paper under
subsection (3), (4) or (6) shall be regarded as issuing a ballot paper under
section 45(1), (2) or (3), as the case may be.