Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 88

Election advertisement

(1) No candidate shall display, distribute or otherwise use an
election advertisement unless-

   (a)  each election advertisement of the same type is marked in a
        conspicuous position with a consecutive number in a series beginning
        with the number "1";

   (b)  he makes beforehand a declaration in the specified form, signed by
        him, stating the quantity of each type of election advertisement he
        proposes to display, distribute or otherwise use for the time being
        for the election;

   (c)  he submits beforehand the declaration to the Returning Officer
        together with-

        (i)    2 copies of the advertisement;

        (ii)   where it is not practicable to make a copy of the
               advertisement, 2 colour photographs in postcard size of the
               advertisement; or

        (iii)  where the advertisement is recorded on a video tape or an audio
               tape or disc, 2 copies of the tape or disc; and

   (d)  he submits beforehand to the Returning Officer-

        (i)    a copy of the permission or other authorization given or
               obtained for the purposes of section 104A(1) of the
               Public Health and  Municipal Services Ordinance ( Cap 132); and

        (ii)   in case the advertisement is of a kind referred to in section 
               27 (1) or (2) of the
               Elections (Corrupt and Illegal Conduct) Ordinance ( Cap  554),
               a copy of the consent in writing referred to in section 27(1)
               or

(2), as the case may be, of that Ordinance.

(2) A copy each of any declaration, permission, authorization, consent,
election advertisement, photograph, tape or disc submitted to the
Returning Officer under subsection (1) shall be made available by him for
inspection by the public-

   (a)  free of charge;

   (b)  at an office of the Returning Officer specified by him; and

   (c)  during ordinary business hours, until the end of the period during
        which copies of election returns lodged by candidates are available
        for inspection under section 41 of the
        Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554).

(3) If any requirement in this section has not been complied with in relation
to an election advertisement, the Returning Officer may-

   (a)  cover the advertisement with such materials as he considers
        appropriate; or

   (b)  seize the advertisement and dispose of it in such manner as he
        considers appropriate.

(4) If the Returning Officer has not been appointed, a reference in this
section to the Returning Officer shall be construed as a reference to the
Director of Home Affairs.

(5) Subsection (1)(a) does not apply to an election advertisement-

   (a)  which is a printed material-

        (i)    of or smaller than A4 size, that is, 30 cm x 21 cm;

        (ii)   contained in a single sheet of paper; and

        (iii)  bearing upon it the printer's name and address, number of
               copies printed and date of printing;

   (b)  published in a newspaper required to be registered under section 7 of
        the Registration of Local Newspapers Ordinance ( Cap 268);

   (c)  to be sent by facsimile or any other form of electronic transmission;

   (d)  in the form of a balloon, T-shirt, cap, badge or carrier bag; or

   (e)  of such other class or type as the Commission may specify by notice
        published in the Gazette.