ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - CHAPTER 541D ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - LONG TITLE Empowering section VerDate:21/01/1998 (Cap 541 section 7) [21 January 1998] (L.N. 20 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 1 (Omitted as spent) VerDate:21/01/1998 PART I PRELIMINARY (Omitted as spent) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 2 Interpretation VerDate:18/05/2007 "authorized representative" (獲授權代表) "ballot paper account" (選票結算表) "by-election" (補選) "by-election notice" (補選公告) "candidate" (候選人) "central counting station" (中央點票站) "Chief Returning Officer" (總選舉主任) "constituency" (選區或界別) "counting agent" (監察點票代理人) "counting of the votes" (點票) "counting officer" (點票人員) "counting station" (點票站) "counting zone" (點票區) "election" (選舉) "election advertisement" (選舉廣告) "election agent" (選舉代理人) "election expense agent" (選舉開支代理人) "election expenses" (選舉開支) "election notice" (選舉公告) "elector" (選民) "emblem" (標誌) "FC ballot paper" (功能界別選票) "final register" (正式登記冊) "functional constituencies final register" (功能界別正式選民登記冊) "functional constituency" (功能界別) "GC ballot paper" (地方選區選票) "GC counting station" (地方選區點票站) "GC elector" (地方選區選民) "GC polling station" (地方選區投票站) "general election" (換屆選舉) "geographical constituencies final register" (地方選區正式選民登記冊) "geographical constituency" or "GC" (地方選區) "head-dress" (頭飾) "identity card" (身分證) "identity document" (身分證明文件) "list of candidates" (候選人名單) "main counting station" (大點票站) "Member" (議員) "multiple candidates list" (多名候選人名單) "multiple nominees list" (多名獲提名人名單) "no canvassing zone" (禁止拉票區) "no staying zone" (禁止逗留區) "nomination form" (提名表格) "nomination list" (提名名單) "nomination period" (提名期) "Nominations Advisory Committee" (提名顧問委員會) "notice appointing the election day" (指定選舉日公告) "notice of nominations" (提名公告) "ordinary business hours" (通常辦公時間) "ordinary functional constituencies" (普通功能界別) "polling agent" (監察投票代理人) "polling day" (投票日) "polling hours" (投票時間) "polling officer" (投票站人員) "polling station" (投票站) "prescribed body" (訂明團體) "prescribed person" (訂明人士) "Presiding Officer" (投票站主任) "principal residential address" (主要住址) "registered" (登記) "registered residential address" (登記住址) "Returning Officer" (選舉主任) "single candidate list" (單人候選人名單) "single nominee list" (單人獲提名人名單) "small polling station" (小投票站) "special functional constituencies" (特別功能界別) "special polling station" (特別投票站) "specified address" (指明地點) "specified form" (指明表格、指明格式) "spoilt ballot paper" (損壞的選票) "tendered ballot paper" (重複的選票) "unused ballot paper" (未用的選票) "validly nominated candidate" (獲有效提名的候選人) "verification of the ballot paper account" (選票結算核實書) (1) In this Regulation, unless the context otherwise requires— "authorized representative" (獲授權代表) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "ballot paper account" (選票結算表) means a statement prepared under section 64; "by-election" (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "by-election notice" (補選公告) means a notice published under section 8; "candidate" (候選人) means, subject to subsection (2), in relation to— (a) a particular geographical constituency, a candidate who is validly nominated to be returned as a Member for that geographical constituency at a general election or by-election; and (b) a particular functional constituency, a candidate who is validly nominated to be returned as a Member for that functional constituency at a general election or by-election; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) "central counting station" (中央點票站) means a counting station designated under section 28(9)(a)(ii) in relation to a general election for counting the votes for functional constituencies; (L.N. 65 of 2000; L.N. 84 of 2004) "Chief Returning Officer" (總選舉主任) means the Returning Officer designated as such under section 99(a); "constituency" (選區或界別) means a geographical constituency or a functional constituency; "counting agent" (監察點票代理人) means a person appointed as a counting agent under section 66; "counting of the votes" (點票) includes, where appropriate, the separation, sorting and counting of ballot papers; "counting officer" (點票人員) means, in relation to a counting station, a person appointed under section 67 as a counting officer for that counting station; "counting station" (點票站) means a place designated as a counting station under section 28; "counting zone" (點票區) means an area within a counting station assigned by the Chief Returning Officer, the Returning Officer or the Presiding Officer, as may be appropriate, for the counting of the votes for a particular constituency; (L.N. 84 of 2004) "election" (選舉) means a general election or a by-election; "election advertisement" (選舉廣告) has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), but the reference to "an election" in that meaning is to be construed as the election referred to in section 4(b) or (c) of that Ordinance; (L.N. 65 of 2000) "election agent" (選舉代理人) means a person appointed as an election agent under section 23; "election expense agent" (選舉開支代理人) has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); (L.N. 65 of 2000) "election expenses" (選舉開支) has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), but the reference to "an election" in that meaning is to be construed as the election referred to in section 4(b) or (c) of that Ordinance; (10 of 2000 s. 47; L.N. 65 of 2000) "election notice" (選舉公告) means, in relation to— (a) a geographical constituency, a notice published under section 4; and (b) a functional constituency, a notice published under section 5; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) "elector" (選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "emblem" (標誌) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) "FC ballot paper" (功能界別選票) means a ballot paper to vote for a candidate standing for election for a functional constituency; "final register" (正式登記冊) means— (a) the geographical constituencies final register; or (b) the functional constituencies final register; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) "functional constituencies final register" (功能界別正式選民登記冊) means the final register of electors for functional constituencies compiled under the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap 541 sub. leg. B) and which is in effect; (L.N. 200 of 2001) "functional constituency" (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "GC ballot paper" (地方選區選票) means a ballot paper to vote for a candidate standing for election for a geographical constituency; "GC counting station" (地方選區點票站) means a counting station designated under section 28(9)(a)(i) in relation to a general election for counting the votes for one geographical constituency; (L.N. 65 of 2000) "GC elector" (地方選區選民) means a person who is entitled to vote for a geographical constituency; (L.N. 147 of 1998) "GC polling station" (地方選區投票站) means a polling station assigned by the Chief Electoral Officer under section 30(1) to conduct the polling for a particular geographical constituency; (L.N. 84 of 2004) "general election" (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "geographical constituencies final register" (地方選區正式選民登記冊) means the final register of electors for geographical constituencies compiled under the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation (Cap 541 sub. leg. A) and which is in effect; (L.N. 284 of 1999) "geographical constituency" or "GC" (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of the Legislative Council Ordinance (Cap 542); (L.N. 84 of 2004) "head-dress" (頭飾) means anything which is worn on a person's head; (L.N. 84 of 2004) "identity card" (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap 177); (L.N. 147 of 1998) "identity document" (身分證明文件) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "list of candidates" (候選人名單) means a list of candidates referred to in section 38(10) of the Legislative Council Ordinance (Cap 542) or a new list of candidates referred to in section 38(14) of that Ordinance; (L.N. 65 of 2000) "main counting station" (大點票站) means a place designated as a main counting station under section 28; (L.N. 84 of 2004) "Member" (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "multiple candidates list" (多名候選人名單) means a list of candidates with more than one candidate; "multiple nominees list" (多名獲提名人名單) means a nomination list with more than one nominee; "no canvassing zone" (禁止拉票區) means an area determined under section 40 to be an area in which canvassing of votes is prohibited; "no staying zone" (禁止逗留區) means an area determined under section 40 to be an area in which staying or loitering is prohibited; "nomination form" (提名表格) means, in relation to— (a) a geographical constituency, the specified form containing the nomination list; and (b) a functional constituency, the specified form submitted for the purpose of nominating a candidate to stand for election for a functional constituency; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) "nomination list" (提名名單) means a list submitted for the purposes of section 38 of the Legislative Council Ordinance (Cap 542); "nomination period" (提名期) means, in relation to nominations— (a) for a geographical constituency, the period specified under section 4(2)(b); (b) for a functional constituency, the period specified under section 5(2)(b); and (c) (Repealed L.N. 84 of 2004) (d) for a by-election for a constituency, the relevant period specified under section 8(7)(a); (L.N. 84 of 2004) "Nominations Advisory Committee" (提名顧問委員會) means a committee appointed under the Electoral Affairs Commission (Nominations Advisory Committees (Legislative Council)) Regulation (Cap 541 sub. leg. C); (L.N. 115 of 1999) "notice appointing the election day" (指定選舉日公告) means, in relation to a general election, a notice by which a date is specified by the Chief Executive under the Legislative Council Ordinance (Cap 542) to hold an election to return— (a) the Members to be returned for geographical constituencies; or (b) the Members to be returned for functional constituencies; (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) "notice of nominations" (提名公告) means a notice published under section 21(3), (4) or (5) in relation respectively to an election for geographical constituencies or functional constituencies; (L.N. 84 of 2004) "ordinary business hours" (通常辦公時間) means the hours— (a) between 9 a.m. and 12 noon on a Saturday; and (b) between 9 a.m. and 5 p.m. on any other day, other than a general holiday; "ordinary functional constituencies" (普通功能界別) means the functional constituencies specified in section 20(1)(e) to (zb) of the Legislative Council Ordinance (Cap 542); (L.N. 65 of 2000) "polling agent" (監察投票代理人) means a person appointed as a polling agent under section 42; "polling day" (投票日) means the date on which the poll is to be held in an election; "polling hours" (投票時間) means the hours for polling appointed under section 27; "polling officer" (投票站人員) means, in relation to a polling station, a person appointed under section 34(2) as a polling officer for that polling station; "polling station" (投票站) means a place designated as a polling station under section 28; "prescribed body" (訂明團體) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) "prescribed person" (訂明人士) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) "Presiding Officer" (投票站主任) means, in relation to a polling station, the person appointed under section 34(1) as the Presiding Officer for that polling station; "principal residential address" (主要住址) means, in relation to a person, the address of the only or principal residence (within the meaning of section 28(3) of the Legislative Council Ordinance (Cap 542)) of the person; "registered" (登記), in the context of a registered emblem or a registered name, has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) "registered residential address" (登記住址) means, in relation to a person, the address recorded in the particulars of that person in the geographical constituencies final register; "Returning Officer" (選舉主任) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542); "single candidate list" (單人候選人名單) means a list of candidates with only one candidate; "single nominee list" (單人獲提名人名單) means a nomination list with only one nominee; "small polling station" (小投票站) means a place designated as a small polling station under section 28; (L.N. 84 of 2004) "special functional constituencies" (特別功能界別) means the functional constituencies specified in section 20(1)(a) to (d) of the Legislative Council Ordinance (Cap 542); (L.N. 65 of 2000) "special polling station" (特別投票站) means a polling station designated as such under section 29; "specified address" (指明地點) means, in relation to a geographical constituency or a functional constituency, the address specified in the relevant election notice or by-election notice as the address at which the nomination forms are to be submitted; (L.N. 84 of 2004) "specified form" (指明表格、指明格式) means, in relation to a particular purpose of this Regulation, the form specified under section 100 for that purpose; "spoilt ballot paper" (損壞的選票) means a spoilt ballot paper within the meaning of section 62; "tendered ballot paper" (重複的選票) means a tendered ballot paper within the meaning of section 60; "unused ballot paper" (未用的選票) means an unused ballot paper within the meaning of section 61(2); "validly nominated candidate" (獲有效提名的候選人) means— (a) subject to paragraph (b), a person whom the Returning Officer has decided under section 16 to be validly nominated; (b) in case a declaration under section 42B(2)(b) or (5)(b) of the Legislative Council Ordinance (Cap 542) is made, a person who is stated to be validly nominated in the declaration; (L.N. 65 of 2000) "verification of the ballot paper account" (選票結算核實書) means a statement prepared under section 74(1)(d), 74A(1)(a) or (b)(ii) or 74B(1)(c) or (1A) or (1B)(b). (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 84 of 2004) (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 210 of 2001; L.N. 84 of 2004) (2) In this Regulation— (a) in Part II, "candidate" (候選人) includes a person who is being or has been nominated as a candidate (including a person whose name appears on a nomination list as a nominee) to stand for election as a Member; and (b) in sections 25 and 102, "candidate" (候選人)— (i) means a person who stands nominated as a candidate at an election; and (ii) also means a person who, at any time before close of nominations for an election, has publicly declared an intention to stand as a candidate at the election, and includes a person who is one of a group of candidates within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). (L.N. 65 of 2000) (3) In this Regulation, unless it is provided otherwise, a reference to "Returning Officer" is to be construed, in relation to— (a) a geographical constituency, as the Returning Officer appointed for that geographical constituency; and (b) a functional constituency, as the Returning Officer appointed for that functional constituency. (L.N. 84 of 2004) (c) (Repealed L.N. 84 of 2004) (4) In this Regulation, any reference to the election agent, polling agent or counting agent of a candidate is to be construed, where appropriate, as including the election agent, polling agent or counting agent appointed on behalf of a list of candidates. (5) In this Regulation, any provision which entitles or permits a candidate, an election agent, a polling agent or a counting agent to do anything in a polling station, counting station, counting zone or in relation to the counting of the votes is to be construed as entitling or permitting the candidate or the agent to do it in a polling station, counting station, counting zone or in relation to the counting of the votes for the constituency for which the candidate is standing for election or for which the agent is appointed, as the case may require. (6) In this Regulation, unless it is provided otherwise— (a) a reference to "counting station" is to be construed as including a main counting station; and (b) a reference to "polling station" is to be construed as including a small polling station and a special polling station. (L.N. 84 of 2004) (7) (Repealed L.N. 210 of 2001) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 3 Application VerDate:12/10/2001 (1) Except where otherwise stated, this Regulation applies to a general election and a by-election. (2) In their application to a by-election, Parts III and IV are to be read subject to necessary modifications. (3) (Repealed L.N. 210 of 2001) (4) Schedule 2 applies to a general election and by-election. (L.N. 210 of 2001) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 4 Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms for geographical constituencies VerDate:21/01/1998 PART II NOMINATION OF CANDIDATES AND OTHER STAGES OF AN ELECTION BEFORE THE POLL: GENERAL ELECTION AND BY-ELECTIONS Division 1: Nominations (1) As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the geographical constituencies, a notice which complies with subsection (2). (2) A notice referred to in subsection (1) must state in relation to each geographical constituency- (a) the name of the geographical constituency and the number of Members to be returned for that geographical constituency; (b) the period within which nomination forms for the geographical constituency are to be submitted to the Returning Officer; (c) the address at which the nomination forms are to be submitted; (d) that nomination forms must be submitted during ordinary business hours; (e) the date on which the election for the geographical constituency is to be held; and (f) that a poll will be held on the date referred to in paragraph (e) for the geographical constituency, if the number of validly nominated candidates for that geographical constituency exceeds the number of Members to be returned for that geographical constituency. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 5 Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms for functional constituencies VerDate:21/01/1998 (1) As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the functional constituencies, a notice which complies with subsection (2). (2) A notice referred to in subsection (1) must state in relation to each functional constituency- (a) the name of the functional constituency and the number of Members to be returned for that functional constituency; (b) the period within which nomination forms for the functional constituency are to be submitted to the Returning Officer; (c) the address at which the nomination forms are to be submitted; (d) that nomination forms must be submitted during ordinary business hours; (e) the date on which the election for the functional constituency is to be held; and (f) that a poll will be held on the date referred to in paragraph (e) for the functional constituency, if the number of validly nominated candidates for that functional constituency exceeds the number of Members to be returned for that functional constituency. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 6 (Repealed L.N. 84 of 2004) VerDate:16/07/2004 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 7 Chief Electoral Officer to determine nomination period VerDate:05/05/2000 (1) Subject to subsections (2) and (3), the nomination period is to be determined by the Chief Electoral Officer. (2) The nomination period must not begin earlier than the date on which the election notice or the by-election notice, as the case may be, is published in the Gazette. The nomination period must not be less than 14 days or more than 21 days. (L.N. 65 of 2000) (3) The nomination period must end not less than 28 days and not more than 42 days before the date on which the relevant election is to be held. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 8 Chief Electoral Officer to publish by-election notice if a by-election is to be held under section 36 of the Legislative Council Ordinance VerDate:16/07/2004 (1) Subject to section 36(2) of the Legislative Council Ordinance (Cap 542), as soon as practicable after a declaration referred to in section 36(1)(a), (b), (c), (ca) or (cb) or a determination referred to in section 36(1)(d), of that Ordinance is made, in order to hold a by-election for the purposes of that section 36(1), the Chief Electoral Officer must publish in the Gazette, a notice in accordance with this section. (L.N. 65 of 2000) (2) If a by-election is to be held for a geographical constituency or geographical constituencies, the by-election notice must state the name of the geographical constituency or each geographical constituency for which the by-election is to be held, and the number of Members to be returned for the geographical constituency or each geographical constituency at the by-election. (3) If a by-election is to be held for a functional constituency or functional constituencies, the by-election notice must state the name of the functional constituency or each functional constituency for which the by-election is to be held, and the number of Members to be returned for the functional constituency or each functional constituency at the by-election. (4) (Repealed L.N. 84 of 2004) (5) In each case referred to in subsections (2) and (3), the by-election notice must state the date on which the by-election is to be held. (L.N. 84 of 2004) (6) The by-election notice must also state that a poll will be held on the relevant date referred to in subsection (5), if the number of candidates validly nominated for the geographical constituency or functional constituency exceeds the number of Members to be returned for that geographical constituency or functional constituency at the by-election. (L.N. 84 of 2004) (7) The by-election notice must also state- (a) the period within which nomination forms for the by-election are to be submitted to the Returning Officer; (b) the address at which nomination forms are to be submitted; and (c) that nomination forms must be submitted during ordinary business hours. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 9 Election notice to be in the specified form VerDate:21/01/1998 An election notice or a by-election notice must be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 10 How to nominate a candidate for a geographical constituency VerDate:16/07/2004 (1) A person is to be nominated as a candidate for a geographical constituency by submitting to the Returning Officer a nomination form containing a nomination list which complies with section 38 of the Legislative Council Ordinance (Cap 542) and this section. (2) The nomination form for the purposes of subsection (1) must be submitted in person by one of the candidates on the nomination list as required by section 38 of the Legislative Council Ordinance (Cap 542) and in accordance with this section. (3) The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap 542 sub. leg. C). (4) Each candidate on a nomination list must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap 542) in the appropriate place on the nomination form. (5) The nomination form must contain a declaration by each candidate to the effect that he or she- (a) is eligible to be nominated as a candidate for a geographical constituency; (b) is not disqualified from being so nominated; (c) consents to being so nominated; and (d) in the case of a multiple nominees list, consents to the order of priority in which the names of candidates appear on the nomination list. (6) The nomination form- (a) must contain the name of each candidate as shown on the candidate's identity document (being the identity document on the basis of which the particulars of the candidate are recorded in the geographical constituencies final register) and, if the Returning Officer is satisfied that any of the candidate is usually known by a name different from that shown on the candidate's identity document aforesaid, may also include that different name; and (b) must also contain the identity document number and principal residential address of each candidate. (L.N. 65 of 2000) (7) The nomination form must be signed by each candidate in each place the candidate's signature is required on that form. (8) The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004) (9) The nomination form must contain other particulars (if any) required to be furnished on that form. (10) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate to be satisfied- (a) that he or she is eligible to be nominated as a candidate for a geographical constituency; or (b) as to the validity of the nomination. (11) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 11 How to nominate a candidate for a functional constituency VerDate:16/07/2004 (1) A person is to be nominated as a candidate for a functional constituency by submitting to the Returning Officer a nomination form which complies with this section. (2) The nomination form must be submitted in accordance with this section. (3) The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap 542 sub. leg. C). (4) The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap 542) in the appropriate place on the nomination form. (5) The nomination form must contain a declaration by the candidate to the effect that he or she- (a) is eligible to be nominated as a candidate for the functional constituency concerned; (b) is not disqualified from being so nominated; and (c) consents to being so nominated. (6) The nomination form- (a) must contain the name of the candidate as shown on the candidate's identity document (being the identity document on the basis of which the particulars of the candidate are recorded in the geographical constituencies final register) and, if the Returning Officer is satisfied that the candidate is usually known by a name different from that shown on the candidate's identity document aforesaid, may also include that different name; and (b) must also contain the identity document number and principal residential address of the candidate. (L.N. 65 of 2000) (7) The nomination form must be signed by the candidate in each place the candidate's signature is required on that form. (8) The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004) (9) In the case of an elector other than a natural person, the subscription of the nomination form by that elector may be effected by that elector's authorized representative. (L.N. 147 of 1998) (10) The nomination form must contain other particulars (if any) required to be furnished on that form. (L.N. 147 of 1998) (11) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate to be satisfied- (L.N. 147 of 1998) (a) that he or she is eligible to be nominated as a candidate for the functional constituency concerned; or (b) as to the validity of the nomination. (12) Only one person can be nominated by one nomination form. (L.N. 147 of 1998) (13) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address. (L.N. 147 of 1998) (14) The nomination form must be submitted by the candidate in person or in any other manner authorized by the Chief Electoral Officer. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 12 (Repealed L.N. 84 of 2004) VerDate:16/07/2004 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 13 Returning Officer may assist in preparation of nomination forms VerDate:21/01/1998 The Returning Officer may, at the request of a person who proposes to be nominated as a candidate, give assistance in preparing a nomination form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 14 Returning Officer to make available copies of nomination forms for public inspection VerDate:21/01/1998 The Returning Officer must make available for inspection by the public, at the specified address, during ordinary business hours, a copy of each of the nomination forms received by that Officer. A nomination form must be made so available as soon as practicable after it is received by the Returning Officer and until the relevant notice of election result is published under section 58 of the Legislative Council Ordinance (Cap 542). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 15 Returning Officer not to accept nomination form without deposit and to issue receipt for deposit VerDate:16/07/2004 (1) The Returning Officer may accept a nomination form only if it is accompanied by the appropriate deposit. (2) When the Returning Officer receives the appropriate deposit, that Officer must issue a receipt for the amount of the deposit. (3) In this section and section 16 "appropriate deposit" (適當的按金) means the amount of deposit to be lodged under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap 542 sub. leg. C), having regard to whether the nomination form is submitted for a geographical constituency or a functional constituency. (L.N. 84 of 2004) "appropriate deposit" (適當的按金) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 16 Returning Officer to decide whether candidates are validly nominated VerDate:16/07/2004 (1) The Returning Officer must, as soon as practicable after receiving a nomination form, decide whether a candidate is validly nominated. (2) If section 10 or 11 (as may be applicable) and sections 37, 39 and 40 of the Legislative Council Ordinance (Cap 542) are complied with, the candidate stands validly nominated unless- (L.N. 84 of 2004) (a) the Returning Officer decides that the nomination form is invalid; or (b) the candidate withdraws his or her candidature. (3) Without prejudice to sections 37, 39 and 40 of the Legislative Council Ordinance (Cap 542), the Returning Officer may decide that a nomination is invalid if and only if- (a) the nomination form has not been signed by the prescribed number of subscribers qualified to subscribe to the nomination form under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap 542 sub. leg. C); (b) the nomination form has not been completed or signed as required under this Regulation; (c) the Returning Officer is satisfied that the candidate is not eligible to be or is disqualified from being nominated as a candidate under the Legislative Council Ordinance (Cap 542); (d) in the case the nomination form relates to a constituency, the candidate has been nominated for another constituency (whether a geographical constituency or a functional constituency) in the same election and the Returning Officer is satisfied that the other candidature has not been withdrawn; (L.N. 84 of 2004) (e) the candidate has not lodged the appropriate deposit; or (f) the Returning Officer is satisfied that the candidate is dead. (4) In this section "prescribed number" (訂明數目) means the number of subscribers required to subscribe to the nomination form under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap 542 sub. leg. C), having regard to whether the nomination form is submitted for a geographical constituency or a functional constituency. (L.N. 84 of 2004) "prescribed number" (訂明數目) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 17 Returning Officer to have regard to advice of Nominations Advisory Committee VerDate:07/05/1999 In deciding under section 16 whether a person is eligible to be or is disqualified from being nominated as a candidate, the Returning Officer must have regard to- (a) advice given by a Nominations Advisory Committee on an application, if any, made by the Returning Officer regarding that person under the Electoral Affairs Commission (Nominations Advisory Committees (Legislative Council)) Regulation (Cap 541 sub. leg. C); or (L.N. 115 of 1999) (b) advice given by a Nominations Advisory Committee on an application, if any, made by that person to the Nominations Advisory Committee under that Regulation or, if advice has not been given, the result of the application. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 18 Returning Officer may give opportunity to rectify a nomination form VerDate:27/02/1998 (1) If the Returning Officer detects on a nomination form- (a) an error or what appears to that Officer to be an error, or an omission, which may amount to a ground for deciding that the nomination form is invalid; or (b) anything which may affect the validity of the nomination form, and the Returning Officer considers that it can be rectified within the nomination period, that Officer may, before making a decision under section 16, give the candidate a reasonable opportunity to rectify it. (2) If the nomination form relates to a geographical constituency, the opportunity to rectify must be given to all the candidates on the nomination list if it is appropriate to do so. (3) A nomination form cannot be rectified under this section after the expiry of the nomination period. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 19 Returning Officer to endorse invalid nomination forms VerDate:16/07/2004 (1) If the Returning Officer decides that a nomination form or the nomination of a candidate is invalid, that Officer must endorse on the nomination form the decision and the reasons for it. (2) The Returning Officer must sign an endorsement under subsection (1). (3) The Returning Officer must send a notice of a decision that a person is validly nominated or is not validly nominated to the person concerned and each validly nominated candidate for the constituency concerned. (L.N. 84 of 2004) (4) A notice under subsection (3) must be sent to the principal residential address of the candidate as given on the nomination form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 20 How a nominated candidate is to withdraw from candidature VerDate:21/01/1998 (1) A withdrawal of candidature for the purposes of section 42 of the Legislative Council Ordinance (Cap 542) is to be effected by giving a notice of withdrawal to the Returning Officer in accordance with subsection (2). (2) The following applies to a notice of withdrawal- (a) the notice must be in the specified form; (b) the signature of the candidate on the notice must be attested by a witness; (c) the notice must be delivered to the Returning Officer by the candidate in person or the candidate's election agent in person; and (d) the notice must be so delivered at the specified address. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 21 Returning Officer to publish a notice of particulars of validly nominated candidates VerDate:16/07/2004 (1) The Returning Officer must, within 14 days of the expiry of the nomination period, publish a notice in the Gazette which complies with this section. (2) A notice referred to in subsection (1) must be published for all geographical constituencies and functional constituencies. (L.N. 84 of 2004) (3) For the purposes of subsection (2), separate notices may be published for each geographical constituency and each functional constituency or one notice may be published for all the geographical constituencies and one notice may be published for all the functional constituencies. (L.N. 84 of 2004) (4) A notice published for a geographical constituency must state- (a) which lists of candidates are validly nominated for that geographical constituency and state the number allocated to each list under section 49(6); and (b) the name and the principal residential address of each validly nominated candidate in each list. (5) A notice published for a functional constituency must state- (a) the name and the principal residential address of each validly nominated candidate for that functional constituency; and (b) in the case of an ordinary functional constituency, the letter of the alphabet assigned to that functional constituency followed by the number allocated to each candidate under section 49(8); and in the case of a special functional constituency the abbreviation for the name of that special functional constituency followed by the letter of the alphabet allocated to each candidate under section 49(9). (L.N. 147 of 1998; L.N. 65 of 2000) (6) (Repealed L.N. 84 of 2004) (7) A notice under this section must be in the specified form. (8) If one notice is to be published under this section for- (a) all the geographical constituencies; or (b) all the functional constituencies, the notice is to be published by the Returning Officer specified for the purpose by the Chief Electoral Officer. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 22 Returning Officer to publish a notice for the purposes of section 46(1) of the Legislative Council Ordinance VerDate:16/07/2004 (1) If, for a geographical constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, in the notice published for that constituency under section 21 or in a separate notice, declare, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap 542), the candidate or candidates as being duly elected as a Member or Members for that constituency. (2) If, for a functional constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, in the notice published for that constituency under section 21 or in a separate notice, declare, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap 542), the candidate or candidates as being duly elected as a Member or Members for that constituency. (3) (Repealed L.N. 84 of 2004) (4) A separate notice under subsection (1) or (2) must- (L.N. 84 of 2004) (a) be published in the Gazette within 14 days of the expiry of the nomination period; (b) state the name and the principal residential address of the candidate declared to be duly elected as a Member; and (c) be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 22A Returning Officer to notify and declare if a validly nominated candidate for a GC is proved to have died* VerDate:01/06/2008 (1) A notice under section 42B(1) of the Legislative Council Ordinance (Cap 542) is to be given in writing, by the Returning Officer concerned, as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer, to- (L.N. 84 of 2004) (a) the Chief Electoral Officer; and (b) if practicable, each candidate who remains validly nominated for election for the geographical constituency concerned to replace the notice under section 19(3). (2) The Returning Officer under subsection (1)- (a) must- (i) endorse on the nomination form of the deceased candidate that the candidate has died; and (ii) sign the endorsement; and (b) may on polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place outside each polling station used for polling for the geographical constituency concerned. (3) Declarations under section 42B(2) of the Legislative Council Ordinance (Cap 542) are to be made, by the Returning Officer concerned, as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer- (L.N. 84 of 2004) (a) by notice published in the Gazette; (b) by notice published in any daily newspaper in circulation in Hong Kong; (c) by a public announcement made by radio or television; or (d) by such other means as that Officer considers appropriate in the circumstances. (4) A notice under subsection (2)(b) or (3)(a) or (b) must state- (a) the name and the principal residential address of the deceased candidate; (b) the name of the geographical constituency for which the deceased candidate was nominated; and (L.N. 84 of 2004) (c) the name and the principal residential address of each candidate who remains validly nominated for election for that geographical constituency. (5) A public announcement under subsection (3)(c) must state- (a) the name of the deceased candidate; (b) the name of the geographical constituency for which the deceased candidate was nominated; and (L.N. 84 of 2004) (c) the name of each candidate who remains validly nominated for election for that geographical constituency. (L.N. 65 of 2000; L.N. 84 of 2004) _____________________________________________________________________ Note: * (Amended L.N. 66 of 2008) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 22B Returning Officer to notify and declare if a validly nominated candidate for a GC is proved to be disqualified* VerDate:01/06/2008 (1) A notice under section 42B(4) of the Legislative Council Ordinance (Cap 542) is to be given in writing, by the Returning Officer concerned, as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of that Officer, to- (L.N. 29 of 2004; L.N. 84 of 2004) (a) the Chief Electoral Officer; and (b) if practicable, each candidate who remains validly nominated for election for the geographical constituency concerned, to replace the notice under section 19(3). (2) The Returning Officer under subsection (1)- (a) must- (i) endorse on the nomination form of the disqualified candidate that that Officer's decision made under section 42A(1) of the Legislative Council Ordinance (Cap 542) in relation to that candidate is varied and the reason for the variation of decision; and (ii) sign the endorsement; and (b) may on polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place outside each polling station used for polling for the geographical constituency concerned. (3) Declarations under section 42B(5) of the Legislative Council Ordinance (Cap 542) are to be made by the Returning Officer concerned, as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of that Officer- (L.N. 84 of 2004; L.N. 66 of 2008) (a) by notice published in the Gazette; (b) by notice published in any daily newspaper in circulation in Hong Kong; (c) by a public announcement made by radio or television; or (d) by such other means as that Officer considers appropriate in the circumstances. (4) A notice under subsection (2)(b) or (3)(a) or (b) must state- (a) the name and the principal residential address of the disqualified candidate; (b) the name of the geographical constituency for which the disqualified candidate was nominated; (L.N. 84 of 2004) (c) that the decision of the Returning Officer made under section 42A(1) of the Legislative Council Ordinance (Cap 542) has been varied to the effect that the candidate is not validly nominated; and (d) the name and the principal residential address of each candidate who remains validly nominated for election for that geographical constituency. (5) A public announcement under subsection (3)(c) must state- (a) the name of the disqualified candidate; (b) the name of the geographical constituency for which the disqualified candidate was nominated; and (L.N. 84 of 2004) (c) the name of each candidate who remains validly nominated for election for that geographical constituency. (L.N. 65 of 2000; L.N. 84 of 2004) _____________________________________________________________________ Note: * (Amended L.N. 66 of 2008) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 22C No poll upon death or disqualification of candidate for a GC under certain circumstances VerDate:16/07/2004 (1) If, after the death referred to in section 22A(1) or the disqualification referred to in section 22B(1)- (a) the number of candidate remaining validly nominated for election for the geographical constituency concerned is equal to the number of Members to be returned for that geographical constituency; (b) no candidate remains validly nominated for election for the geographical constituency concerned; or (c) the number of candidates remaining validly nominated for election for the geographical constituency concerned is less than the number of Members to be returned for that geographical constituency, the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that no poll is to be held for that geographical constituency. (L.N. 84 of 2004) (2) The Returning Officer must in the notice under section 22A(3)(a) or 22B(3)(a), if any, or in a separate notice- (a) in the case of subsection (1)(a), declare, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap 542), the remaining candidate or candidates as being duly elected as a Member or as Members; (b) in the case of subsection (1)(b), declare, for the purposes of section 46(2) of the legislative Council Ordinance (Cap 542), the election to have failed; (c) in the case of subsection (1)(c), declare- (i) for the purposes of section 46(1) of the Legislative Council Ordinance (Cap 542), the remaining candidate or candidates as being duly elected as a Member or as Members; and (ii) for the purposes of section 46(2) of that Ordinance, the election to have failed to the extent that the number of candidates remaining validly nominated for election is less than the number of Members to be returned. (3) A separate notice containing a declaration under subsection (2)(a) or (c)(i) must- (a) be published in the Gazette as soon as practicable; (b) state the name and the principal residential address of each candidate declared to be duly elected as a Member; and (c) be in the specified form. (4) A separate notice containing a declaration under subsection (2)(b) or (c)(ii) must comply with section 97B(1). (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 23 A candidate or a list of candidates may appoint election agent VerDate:01/06/2008 Division 2: Election Agents and Election Expense Agents (1) All the candidates on a multiple nominees list or a multiple candidates list may jointly appoint one person as their election agent. (2) The candidate on a single nominee list or a single candidate list may appoint one person as his or her election agent. (3) Each candidate for a functional constituency may appoint one person as his or her election agent. (4) (Repealed L.N. 84 of 2004) (5) Only a holder of an identity card who has attained the age of 18 years may be appointed as an election agent. (L.N. 147 of 1998) (6) A candidate must give notice of appointment of his or her election agent to the Returning Officer. If the election agent is appointed on behalf of a multiple nominees list or a multiple candidates list, the notice required for the purposes of this subsection may be given by any candidate on the relevant list. (L.N. 147 of 1998) (7) The appointment of an election agent is not effective until notice of the appointment is received by the Returning Officer. (8) A notice for the purposes of this section must be in writing and state the name, identity card number and residential address of the election agent. (L.N. 65 of 2000; L.N. 66 of 2008) (9) The notice must be signed by the candidate or, in the case of a multiple nominees list or a multiple candidates list, by all the candidates on the list. (10) A candidate or a nomination list or a list of candidates cannot have more than one election agent at any one time. (11) If the appointment of an election agent is revoked, notice of revocation must be given to the Returning Officer by the candidate as soon as possible after the revocation. In the case of a multiple nominees list or multiple candidates list, the notice required for the purposes of this subsection may be given by any candidate on the relevant list. (L.N. 147 of 1998) (12) A notice of revocation must be in writing and be signed by the candidate or, in the case of a multiple nominees list or a multiple candidates list, by all the candidates on the list. (13) The revocation of the appointment of an election agent is not effective until notice of the revocation is received by the Returning Officer. (14) If at any time an election agent dies or the appointment of an election agent is revoked, the candidate or, in the case of a multiple nominees list or a multiple candidates list, all the candidates on the relevant list jointly, may appoint a replacement. (15) The appointment of a replacement must be in accordance with the requirements of this section. (16) A notice of appointment or a notice of revocation under this section must be in the specified form. (17) Subject to subsection (18), an election agent may do all things which a candidate or the candidates on a nomination list or a list of candidates may do in connection with an election. Any such act of the election agent is effective as if it had been done by the candidate in person or by the candidates on a nomination list or a list of candidates, as the case may be. (18) An election agent may not- (a) do anything a candidate is required to do under section 10 or 11; (L.N. 84 of 2004) (b) withdraw a candidate's candidature; or (c) authorize any person for the purposes of section 25. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 24 Returning Officer to send to other candidates a notice of particulars of election agent VerDate:16/07/2004 (1) The Returning Officer must send to the candidate ranking first in priority on a multiple nominees list or a multiple candidates list, and the candidate on a single nominee list or a single candidate list, a notice containing the particulars of the election agents of the other nomination lists or lists of candidates for the geographical constituency. (2) The Returning Officer must send to every candidate for a functional constituency, a notice containing the particulars of the election agents of the other candidates for that constituency. (3) (Repealed L.N. 84 of 2004) (4) If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the candidates that Officer is required to send a notice under subsections (1) and (2). (L.N. 84 of 2004) (5) The Returning Officer must send a notice under subsection (1) or (2) within 10 days of the expiry of the relevant nomination period. (L.N. 84 of 2004) (6) If the appointment of the election agent is made after the period of 10 days referred to in subsection (5), or if a replacement is appointed under section 23(14), the Returning Officer must send a notice of the particulars as soon as practicable after that Officer receives notice of the appointment or replacement, as the case may be. (L.N. 147 of 1998) (7) The Returning Officer must also display in a prominent place outside that Officer's office, a notice of the particulars of the election agents. (8) A notice under this section must be in the specified form. (9) A notice required to be sent to a candidate under subsection (1) or (2) may be sent to the election agent instead of to the candidate. (L.N. 147 of 1998; L.N. 84 of 2004) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 25 Authorization of election expense agent to incur election expenses at or in connection with an election VerDate:01/06/2008 (1)-(4) (Repealed L.N. 65 of 2000) (5) Only a person who has attained the age of 18 years may be authorized as an election expense agent to incur election expenses at or in connection with an election. (L.N. 65 of 2000) (6) An authorization of such an election expense agent must be in writing and in the specified form and state the name, identity document number and residential address of the person authorized. (L.N. 65 of 2000) (7) The authorization must specify the maximum amount of election expenses that the election expense agent is authorized to incur. (L.N. 65 of 2000) (8) The authorization must be signed by the candidate, or each of the candidates, making the authorization. The authorization must also be signed by the person authorized. (L.N. 65 of 2000) (9) A copy of the authorization must be served- (a) on the Returning Officer; or (b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 65 of 2000) (10) Service of a copy of the authorization may be effected by delivery by hand, by post or by facsimile transmission. (L.N. 66 of 2008) (11) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard an authorization of an election expense agent to incur election expenses at or in connection with an election as being effective, for any purpose related to the election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer. (L.N. 65 of 2000) (12)-(13) (Repealed L.N. 65 of 2000) (14) If the authorization of an election expense agent to incur election expenses at or in connection with an election has been revoked, a written notice of the revocation must be served as soon as possible- (L.N. 66 of 2008) (a) on the Returning Officer; or (b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 66 of 2008) (15) The notice of revocation must be in the specified form and signed by the candidate, or each of the candidates, who made the authorization. (L.N. 65 of 2000) (15A) Service of the notice of revocation may be effected by delivery by hand, by post or by facsimile transmission. (L.N. 66 of 2008) (16) If the authorization of an election expense agent to incur election expenses at or in connection with an election has been revoked, the Returning Officer or the Chief Electoral Officer, as the case may be, is to regard the revocation as being effective, for any purpose related to the election for which the revocation is relevant, only when the relevant Officer receives the notice of revocation. (L.N. 147 of 1998; L.N. 65 of 2000) (17)-(18) (Repealed L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 26 Copies of authorization of election expense agents to be made available for public inspection VerDate:05/05/2000 The Returning Officer or the Chief Electoral Officer, as the case may be, must make available for public inspection a copy of each of the copies of authorizations served on that Officer under section 25. A copy must be made available for public inspection as soon as practicable after that Officer is served the copy of the authorization and until the end of the period for which the copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). (10 of 2000 s. 47; L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 27 Chief Electoral Officer to appoint polling hours and to give notice in the Gazette VerDate:16/07/2004 PART III CONTESTED ELECTIONS: GENERAL ELECTION AND BY-ELECTIONS Division 1: Hours of Poll and Matters Relating to Polling Stations (1) The hours during which electors can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (2) The Chief Electoral Officer may appoint different polling hours for different constituencies or for different polling stations. (L.N. 84 of 2004) (3) The Chief Electoral Officer must appoint the polling hours so as to give the electors a reasonable opportunity to vote. (4) The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette, a notice specifying the polling hours for the geographical constituencies, functional constituencies and, if appropriate, for each polling station. (L.N. 84 of 2004) (5) In this section "electors" (選民) includes authorized representatives. "electors" (選民) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 28 Chief Electoral Officer to designate polling stations, counting stations, small polling stations and main counting stations* VerDate:01/06/2008 (1) The Chief Electoral Officer must designate, by notice published in the Gazette, one or more places for- (a) conducting a poll in respect of an election; and (b) counting of the votes. (1A) The Chief Electoral Officer may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 84 of 2004) (1B) The Chief Electoral Officer must designate a polling station at which less than 500 electors are allocated to vote as a small polling station. (L.N. 84 of 2004 and L.N. 140 of 2004) (1C) If in relation to a geographical constituency, 2 or more polling stations have been designated and one or more than one of them is a small polling station, the Chief Electoral Officer must designate a polling station, not being a small polling station, as a main counting station for the purpose of counting the votes cast at the polling station and the small polling station or any of the small polling stations, as the case may be. (L.N. 84 of 2004 and L.N. 140 of 2004) (2) The Chief Electoral Officer may designate under subsection (1)- (a) premises occupied by a Government department for official purposes ("Government building"); (b) a structure, place or premises hired under subsection (3) or which is to be so hired; (c) any school in respect of which a grant is made out of the general revenue; (d) a building occupied by an organization, association or body in respect of which a grant is made out of the general revenue; or (e) any other structure, premises, whether permanent or temporary, mobile or otherwise, or place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1). (3) The Chief Electoral Officer may hire any structure, place or premises or a part of a structure, place or premises to designate as a polling station or a counting station. (4) The Chief Electoral Officer may designate a place described in subsection (2) in addition to or in substitution of a place designated under this section as a polling station or a counting station. The Chief Electoral Officer must publish notice of such designation. The notice may be published in a manner that Officer thinks fit. (5) The Chief Electoral Officer must ensure that there are sufficient polling stations and counting stations to enable polling and counting of the votes to take place smoothly and efficiently. (6) The Chief Electoral Officer must make available, at that Officer's office, for public inspection, a list of the polling stations and counting stations. (7) The Chief Electoral Officer must, in the case of a polling station or a counting station which is not a Government building- (a) make good any damage caused; and (b) defray any expenses incurred by any person having control over the structure, place or premises, due to their having been used as a polling station or a counting station. (8) The Chief Electoral Officer may take such steps as that Officer considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any structure, place or premises as a polling station or a counting station. (9) The Chief Electoral Officer may- (a) in relation to a general election, designate- (i) one or more counting stations for counting the votes for each geographical constituency cast at all the polling stations used for polling for the general election; and (ii) one counting station for counting the votes for functional constituencies cast at all the polling stations used for polling for the general election; (b) in relation to a by-election for a constituency, designate one or more counting stations for counting the votes cast at all the polling stations used for polling for the by-election. (L.N. 65 of 2000; L.N. 84 of 2004) _______________________________________________________________________ Note: * (Amended L.N. 66 of 2008) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 29 Chief Electoral Officer to designate some polling stations as special polling stations VerDate:16/07/2004 (1) The Chief Electoral Officer must designate one or more polling stations to be used for voting by persons with a disability for whom access to other polling stations would be difficult. (2) Only a polling station which is, in the opinion of the Chief Electoral Officer, suitable for use by persons referred to in subsection (1) may be designated as a special polling station. (2A) The Chief Electoral Officer may designate the same place as a special polling station for use by persons referred to in subsection (1) and a polling station for use by other electors. (L.N. 84 of 2004) (3) At least 10 days before polling day, the Chief Electoral Officer must indicate on the list of polling stations, the special polling stations. (4) The Chief Electoral Officer must indicate on the list of polling stations the constituency or constituencies for which a particular special polling station is designated. (L.N. 84 of 2004) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 30 Chief Electoral Officer to assign polling stations for constituencies and to allocate polling stations to electors and authorized representatives VerDate:16/07/2004 (1) The Chief Electoral Officer may assign one or more polling stations for conducting the poll for each constituency. (L.N. 84 of 2004) (2) Notwithstanding subsection (1), the Chief Electoral Officer may, in relation to a general election, make arrangements for voting for one or more functional constituencies and one or more geographical constituencies to take place at a GC polling station. (L.N. 84 of 2004) (3) The Chief Electoral Officer must allocate to each elector and authorized representative a polling station or polling stations to cast the vote or votes he or she is entitled to cast at an election. (4) Under subsection (3), for the purposes of a general election, the Chief Electoral Officer- (a) must allocate to a GC elector, a GC polling station close to his or her registered residential address to cast the vote for the geographical constituency; (b) may allocate to a GC elector who is entitled to vote for an ordinary functional constituency either as an elector or an authorized representative, his or her GC polling station to cast the vote for the geographical constituency and that for the functional constituency; (c) may allocate to a GC elector who is entitled to vote for an ordinary functional constituency as an elector and for another ordinary functional constituency as an authorized representative, his or her GC polling station to cast the vote for the geographical constituency and the votes for the 2 functional constituencies; (ca) may allocate to a GC elector who is entitled to vote for a special functional constituency either as an elector or an authorized representative, a GC polling station to cast the vote for the geographical constituency and that for the functional constituency; (L.N. 65 of 2000) (cb) may allocate to a GC elector who is entitled to vote- (i) for a special functional constituency as an elector and for another special functional constituency as an authorized representative; or (ii) for a special functional constituency and for an ordinary functional constituency, as an elector for one and as an authorized representative for the other, a GC polling station to cast the vote for the geographical constituency and the votes for the 2 functional constituencies. (L.N. 65 of 2000; L.N. 84 of 2004) (d) (Repealed L.N. 84 of 2004) (4A) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector or authorized representative an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (3), to cast the vote or votes he or she is entitled to cast at an election. (L.N. 65 of 2000) (5) In this section, in relation to a person, his or her GC polling station is to be construed as the polling station, or the alternative polling station in addition thereto or in substitution thereof, that person is allocated under subsection (4)(a), or subsection (4A). (L.N. 147 of 1998; L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 31 Chief Electoral Officer to send poll cards to electors and authorized representatives VerDate:05/05/2000 "corporate elector" (團體選民) (1) Subject to subsections (3) and (4), for every contested election, at least 10 days before polling day, the Chief Electoral Officer must send a poll card to each elector and authorized representative. (2) A poll card need not be sent to an elector or authorized representative if- (a) the Chief Electoral Officer is satisfied, having regard to information received from the Registrar of Births and Deaths, that the elector or authorized representative is dead; or (b) the Chief Electoral Officer is satisfied that the elector's or authorized representative's address as recorded in the final register- (i) does not exist; (ii) refers to a building that has been demolished; or (iii) refers to a building that is not built at the time poll cards are to be sent. (3) A poll card need not be sent under subsection (1) to a corporate elector. (4) If the Chief Electoral Officer receives notice of the substitution or replacement of an authorized representative within the 10 days preceding polling day, that Officer need not send a poll card to the substitute or replacement authorized representative. The Chief Electoral Officer must inform that substitute or replacement authorized representative of the polling station allocated to him or her in a manner that Officer thinks fit. (5) If a person is entitled to cast more than one vote at an election, the Chief Electoral Officer may send separate poll cards for each vote or send one poll card for all the votes. (6) The Chief Electoral Officer must state in the poll card or each poll card the polling station or stations at which the elector or authorized representative must cast his or her vote or votes. (6A) Where an alternative polling station is allocated to an elector or authorized representative under section 30(4A), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate- (a) the elector or authorized representative; (b) the Returning Officer; (c) the Presiding Officer of the polling station previously allocated to the elector or authorized representative; and (d) the Presiding Officer of the alternative polling station. (L.N. 65 of 2000) (7) In this section "corporate elector" (團體選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap 542). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 32 Person to vote at the correct polling station VerDate:21/01/1998 (1) Subject to subsection (2), a person may only vote at the polling station or polling stations allocated to him or her under section 30. (2) A person who is allocated a special polling station under section 33 may only vote at that special polling station. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 33 Chief Electoral Officer may allocate special polling stations VerDate:16/07/2004 (1) An elector or authorized representative who claims to be a person with a disability and that access to the polling station which is allocated to him or her under section 30 is difficult for him or her due to the disability, may apply to the Chief Electoral Officer to vote at the special polling station designated for the constituency for which he or she is entitled to vote. (L.N. 84 of 2004) (2) An application under subsection (1) must be made at least 5 days before polling day. The application- (a) may be- (i) made in writing; and (ii) delivered by hand or sent by post or by facsimile transmission; or (b) may be made orally by telephone. (L.N. 65 of 2000) (3) On receiving an application under subsection (1), the Chief Electoral Officer must, if satisfied that the application is well founded, allocate to the elector or authorized representative an appropriate special polling station to cast the vote he or she is entitled to cast at the election to which the application relates. (L.N. 65 of 2000) (4) The Chief Electoral Officer must inform the applicant in a manner that that Officer considers appropriate, the result of the application, as soon as practicable. (5) (Repealed L.N. 65 of 2000) (6) When the Chief Electoral Officer allocates a special polling station to an elector or authorized representative under this section, that Officer must, as soon as practicable, notify, in a manner that the Officer considers appropriate- (a) the Returning Officer; (b) the Presiding Officer at the special polling station; and (c) the Presiding Officer of the polling station previously allocated to the elector or the authorized representative, of the name, identity document number and registered residential address of that elector or authorized representative. (7) The Chief Electoral Officer must notify the persons referred to in subsection (6) of the geographical constituency, and the functional constituency, if any, for which the elector or authorized representative is entitled to vote. (L.N. 84 of 2004) (8) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector or authorized representative an alternative special polling station, in addition to or in substitution of the special polling station allocated under subsection (3), to cast the vote he or she is entitled to cast at the subsector election. (L.N. 65 of 2000) (9) Where an alternative special polling station is allocated to an elector or authorized representative under subsection (8), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate- (a) the elector or authorized representative; (b) the persons referred to in subsection (6); and (c) the Presiding Officer of the alternative special polling station. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 34 Chief Electoral Officer to appoint or remove Presiding Officers, etc. for each polling station* VerDate:01/06/2008 (1) The Chief Electoral Officer must appoint a person to preside at each polling station. (2) The Chief Electoral Officer may appoint, as polling officers, persons that Officer considers suitable to assist the Presiding Officer in the conduct of a poll. (L.N. 65 of 2000) (3) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer made under subsection (1) or (2). (L.N. 84 of 2004; L.N. 66 of 2008) (4) Where the same place is designated as both a polling station and a counting station under section 28(1A), the Presiding Officer of the polling station is to be regarded as the Presiding Officer of the counting station. (L.N. 66 of 2008) _______________________________________________________________________ Note: * (Amended L.N. 66 of 2008) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 35 Chief Electoral Officer to supply candidates with copy of final register VerDate:16/07/2004 (1) The Chief Electoral Officer must supply to the candidate on a single candidates list or the candidate ranking first in priority on a multiple candidates list, a copy of the part of the final register which relates to the constituency for which the list of candidates is nominated. (2) The Chief Electoral Officer must supply to each candidate for a functional constituency, a copy of the part of the final register which relates to the constituency for which that candidate is nominated. (3) (Repealed L.N. 84 of 2004) (4) A copy under this section must be supplied to a candidate as soon as practicable after the relevant nomination form is submitted to the Returning Officer. There may be added to the copy any additional particulars or information the Chief Electoral Officer thinks fit to include. (5) The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer. (6) The copy for the purposes of this section may be supplied to the election agent of a candidate instead of the candidate to whom it is required to be supplied. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 36 Chief Electoral Officer to supply Returning Officer with copy of final register VerDate:16/07/2004 (1) The Chief Electoral Officer must supply to the Returning Officer, a copy of the part of the final register relating to the constituency for which the Returning Officer is appointed. (2) (Repealed L.N. 84 of 2004) (3) A copy under this section must be supplied after the relevant notice of nominations is published. (4) There may be added to the copy the identity document numbers of the electors and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include. (5) The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 37 Chief Electoral Officer to carry out other duties relating to polling stations VerDate:16/07/2004 (1) The Chief Electoral Officer must provide at each polling station sufficient compartments as that Officer considers necessary to enable electors and authorized representatives to vote, screened from observation. (2) The Chief Electoral Officer must supply to each Presiding Officer, the number of ballot papers the Chief Electoral Officer considers necessary for the constituency or constituencies for which the polling station is to be used for polling. The Chief Electoral Officer must ensure that the name of any deceased or disqualified candidate regarding whom notice under section 22A(1) or 22B(1) is given or declarations under section 22A(3) or 22B(3) are made, and other information relating to that candidate, if printed on the ballot papers, are crossed out by stamping the words "已故" and "DECEASED" or "喪失資格" and "DISQUALIFIED", as the case may require. (L.N. 84 of 2004) (3) The Chief Electoral Officer must also supply to the Presiding Officer a copy of the appropriate part of the final register or registers. (4) There may be added to the copy the identity document numbers of the electors and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include. (5) The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer. (6) The Chief Electoral Officer must provide at each polling station- (a) materials; and (b) if the polling station is also assigned for conducting the poll for a geographical constituency or ordinary functional constituency, chops bearing the mark "P", with or without other design, that are necessary to enable electors and authorized representatives to mark ballot papers. (L.N. 65 of 2000) (7) The Chief Electoral Officer must do other acts and things as that Officer considers necessary for holding the poll effectively. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 38 Chief Electoral Officer to supply list of polling officers to assist Presiding Officer VerDate:16/07/2004 (1) The Chief Electoral Officer must supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which that Presiding Officer is appointed. (2) The Chief Electoral Officer must supply to the Returning Officer for a constituency a list of the polling officers appointed for the polling stations at which polling for that constituency is to take place. (L.N. 84 of 2004) (3) The Presiding Officer must display the list referred to in subsection (1) in a prominent place outside the polling station for which that Officer is appointed. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 39 Presiding Officer to exhibit at polling station notice providing information for the guidance of electors VerDate:16/07/2004 (1) The Presiding Officer must ensure that a notice providing information for the guidance of electors and authorized representatives in voting procedure is exhibited outside the polling station and inside every voting compartment of the polling station. (1A) The Presiding Officer of a small polling station must ensure that, before the commencement of the poll, a notice providing information of the main counting station designated for counting the votes of the small polling station is exhibited outside the small polling station. (L.N. 84 of 2004 and L.N. 140 of 2004) (2) A notice under subsection (1) must be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 40 Returning Officer to determine no canvassing zones and no staying zones VerDate:01/06/2008 "notice" (通知、公告) (1) The Returning Officer for a constituency must determine an area outside each polling station used for polling for that constituency as a no canvassing zone and an area within that area as a no staying zone. A no canvassing zone and a no staying zone are to be determined with reference to a map or plan. (L.N. 84 of 2004) (2) If a polling station is to be used for polling for more than one constituency, the determination of the no canvassing zone and the no staying zone is to be made by the Returning Officer specified for the purpose by the Chief Electoral Officer. (L.N. 84 of 2004) (3) If the polling station is to be used only for one geographical constituency, the Returning Officer for the geographical constituency must give notice to the list of candidates nominated for that constituency. In the case of a multiple candidates list, notice must be given to the candidate ranking first in priority on the list and, in the case of a single candidate list, the candidate on the list. (4) If the polling station is to be used only for one functional constituency, the Returning Officer for the functional constituency must give notice to the candidates for that constituency. (5) (Repealed L.N. 84 of 2004) (6) If a polling station is to be used for more than one constituency, and the Returning Officer who makes the determination is the Returning Officer for a constituency, that Officer must give notice to the candidates for that constituency and the Returning Officers for the other constituencies. (L.N. 84 of 2004) (7) Notice under subsection (3), (4) or (6) must be given at least 7 days before polling day. (L.N. 84 of 2004) (8) A Returning Officer who is given notice under subsection (6) must give notice to the candidates for the constituency for which that Officer is appointed as soon as practicable after that Officer receives the notice. (L.N. 84 of 2004) (9) A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both those areas in accordance with this section. Subject to subsection (13), notice of a variation must be given as soon as practicable after the variation in the same manner as notice of a no canvassing zone or a no staying zone is given under subsection (3), (4), (6) or (8). (L.N. 84 of 2004) (10) On polling day, the Returning Officer who has determined the no canvassing zone or the no staying zone (or subsequently varied it, if applicable) must display at or near the polling station a notice of the no canvassing zone and the no staying zone. That Officer must also indicate the boundaries of those zones in a manner that Officer thinks fit. (11) If after display under subsection (10), either or both of those areas are varied, the Returning Officer must display at or near the polling station a notice of the no canvassing zone or the no staying zone or both those zones, if appropriate, as varied. (11A) A Returning Officer may perform any act which that Officer is required or authorized to perform under subsections (9), (10) and (11) through a Presiding Officer. (L.N. 66 of 2008) (12) A determination of a no canvassing zone or a no staying zone or the variation of such an area becomes effective only on the display of a notice under subsection (10) or (11), as may be applicable. (13) A notice of a variation under subsection (11) need not be given to the candidates if it is not reasonably practicable to do so before the close of the poll. Notice may be given to the election agent or polling agent of a candidate if present at the polling station. (14) A notice required to be given to a candidate under this section may be given to the election agent or polling agent of the candidate instead of to the candidate. (15) For the purposes of this section "notice" (通知、公告) means a notice of the determination of the no canvassing zone and the no staying zone with a map or plan or separate maps or plans showing those zones in relation to the relevant polling station. (16) On polling day, a person must not— (a) subject to subsection (17), engage in canvassing for votes in a no canvassing zone; (L.N. 65 of 2000; L.N. 84 of 2004) (aa) conduct any activity for canvassing for votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 84 of 2004; L.N. 66 of 2008) (b) use a sound amplifying system or device for any purpose in the no canvassing zone; (c) use a sound amplifying system or device, for canvassing for votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 65 of 2000) (ca) subject to subsection (18), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which— (L.N. 84 of 2004) (i) may promote or prejudice the election of a candidate or candidates at the election; or (ii) makes direct reference to— (A) a body any member of which is standing as a candidate in the election; or (B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 84 of 2004) (L.N. 65 of 2000) (d) stay or loiter in the no staying zone without the express permission of the Presiding Officer. (17) A person may, on polling day, canvass for votes from door to door, without obstructing any person, on the storeys above or below street level, in a building within the no canvassing zone, which— (a) the person is allowed to enter for the purpose of canvassing for votes; and (b) has no polling station inside it. (L.N. 84 of 2004) (18) A person may, for the purpose of canvassing for votes as described in subsection (17), display or wear any badge, emblem, clothing or head-dress referred to in subsection (16)(ca). (L.N. 84 of 2004) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 41 Presiding Officer to keep order in no canvassing zone and no staying zone VerDate:01/06/2008 (1) The Presiding Officer must use that Officer's best endeavours to ensure that a person does not, on polling day- (a) engage in the canvassing for votes in the no canvassing zone (except as provided in section 40(17)); (L.N. 65 of 2000; L.N. 84 of 2004 and L.N. 140 of 2004) (aa) conduct any activity for canvassing for votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 84 of 2004 and L.N. 140 of 2004; L.N. 66 of 2008) (b) use a sound amplifying system or device in the no canvassing zone; (c) use a sound amplifying system or device, for canvassing for votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 65 of 2000) (ca) (except as provided in section 40(18)) without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which- (L.N. 84 of 2004 and L.N. 140 of 2004) (i) may promote or prejudice the election of a candidate or candidates at the election; or (ii) makes direct reference to- (A) a body any member of which is standing as a candidate in the election; or (B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 84 of 2004 and L.N. 140 of 2004) (L.N. 65 of 2000) (d) stay or loiter in the no staying zone (except where the person has been expressly permitted to do so by the Presiding Officer). (2) If, on polling day, in a no canvassing zone or a no staying zone, a person- (a) misconducts himself or herself, the Returning Officer or the Presiding Officer may; (b) fails to obey a lawful order of the Returning Officer, that Officer may; or (c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the no canvassing zone or the no staying zone, as the case may be, immediately. (3) If a person fails to leave when ordered to do so under subsection (2), the person may be removed by a police officer or by a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate. (4) A person who is removed under subsection (3) may not enter the relevant zone again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so. (L.N. 84 of 2004) (5) The powers conferred by this section are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 42 Candidates may appoint polling agents VerDate:01/06/2008 (1) Candidates may appoint persons to attend at polling stations on their behalf for any purpose connected with the conduct of a poll, in accordance with this section. (2) Polling agents may be appointed to attend only at the polling stations used for polling for the constituency for which the candidate or the candidate as on a list of candidates is standing for election. (L.N. 84 of 2004) (3) Candidates on a multiple candidates list may jointly appoint a maximum of 2 polling agents for one polling station. (4) A candidate on a single candidate list may appoint a maximum of 2 polling agents for one polling station. (5) A candidate for a functional constituency may appoint a maximum of 2 polling agents for one polling station. (6) (Repealed L.N. 84 of 2004) (7) Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent. (L.N. 147 of 1998) (8) A candidate must give notice of appointment of a polling agent to the Chief Electoral Officer at least 1 week before polling day. In the case of a multiple candidates list, the notice required for the purposes of this subsection may be given by any candidate on the list. (L.N. 147 of 1998; L.N. 65 of 2000) (9) If notice is not given under subsection (8), it must be delivered on polling day to the Presiding Officer for the polling station for which the polling agent is appointed- (a) by the candidate in person, or in the case of a multiple candidates list, by any candidate on the list in person; or (b) by the election agent of the candidate or of the list, in person. (L.N. 147 of 1998) (10) The appointment of a polling agent is not effective until notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000) (11) A notice for the purposes of this section must be in writing and in the specified form. It must state the name, identity card number and residential address of the polling agent. It must be signed by the candidate or, in the case of a multiple candidates list, by all the candidates on the list. (L.N. 65 of 2000; L.N. 66 of 2008) (12) If the appointment of a polling agent is revoked, the candidate must give notice of the revocation to the Chief Electoral Officer or Presiding Officer in accordance with subsection (14). In the case of a multiple candidates list, the notice required for the purposes of this subsection may be given by any candidate on the list. (L.N. 147 of 1998; L.N. 65 of 2000) (13) A notice of revocation must be in writing and in the specified form. In the case of a polling agent for a functional constituency or a single candidate list, it must be signed by the candidate. In the case of a multiple candidates list, it must be signed by all the candidates on the list. (L.N. 84 of 2004) (14) If the notice of revocation is given before polling day, it must be given to the Chief Electoral Officer. If it is given on polling day, it must be given to the Presiding Officer for the polling station for which the polling agent is appointed in accordance with subsection (9). (L.N. 65 of 2000) (15) The revocation of the appointment of a polling agent is not effective unless notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 43 Chief Electoral Officer to delineate polling stations on a map and display map outside the polling station VerDate:21/01/1998 (1) The Chief Electoral Officer must delineate each polling station on one or more maps or plans. The Chief Electoral Officer must display the relevant map or plan outside each polling station. (2) The Presiding Officer must demarcate clearly by marks, barriers or other means as that Officer thinks fit, the polling station in accordance with the map or plan referred to in subsection (1). (3) The Chief Electoral Officer and the Presiding Officer must carry out their functions under this section before the poll commences. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 44 Who may enter or be present at a polling station VerDate:16/07/2004 (1) Except where it is provided otherwise in this Regulation, a person must not enter a polling station other than to vote. (2) Subject to subsections (4) and (5), in order to ensure that polling takes place smoothly and efficiently, the Presiding Officer may- (a) regulate the number of electors, authorized representatives, candidates, election agents and polling agents to be admitted to the polling station at any one time; or (b) exclude any person from the polling station. (3) Without limiting subsection (2), the Presiding Officer may exclude from the polling station any person who is present in contravention of this section. (4) The Presiding Officer may not exclude from the polling station- (a) a polling officer; (aa) the Chief Returning Officer; (L.N. 65 of 2000) (b) the Returning Officers or Assistant Returning Officers for the constituencies for which the polling station is used; (L.N. 65 of 2000) (c) (Repealed L.N. 84 of 2004) (d) members of the Commission; (e) public officers on duty at the polling station; (f) the Chief Electoral Officer; (L.N. 65 of 2000) (g) public officers authorized in writing by the Chief Electoral Officer; (L.N. 65 of 2000; L.N. 84 of 2004) (h) persons authorized in writing by a member of the Commission; (L.N. 65 of 2000; L.N. 84 of 2004) (i) police officers and members of the Civil Aid Service on duty at the polling station; or (L.N. 84 of 2004) (j) a person authorized in writing by the Returning Officer to act as a liaison officer. (L.N. 84 of 2004) (5) A person authorized by the Commission to be present in a polling station may be present in accordance with the terms of the authorization. (6) Subject to subsections (7), (8), (9), (10), (11) and (12), on behalf of each candidate or list of candidates, one polling agent of that candidate or list may be present in the polling station at any one time. (7) If a candidate or one of the candidates on a multiple candidates list is present in the polling station, the election agent or polling agent of that candidate or list may not be present in that polling station at the same time. (8) If the election agent of a candidate or a list of candidates is present in the polling station, a polling agent of that candidate or list may not be present in that polling station at the same time. (9) A candidate, an election agent or polling agent may be present in the polling station subject to the availability of seats in the area designated to accommodate them. (10) A person referred to in subsection (9) who wishes to be admitted to the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his or her identity document and a declaration of secrecy completed on the specified form by him or her. (11) If the area referred to in subsection (9) is occupied to its full seating capacity, the Presiding Officer may refuse entry to the polling station to any person referred to in that subsection. That Officer may make arrangements for admitting them to the polling station later. (12) Only an election agent or polling agent regarding whom notice of appointment has been given under this Regulation may be present at a polling station on behalf of a candidate or a list of candidates. (13) If- (a) a person arrives at a polling station for the purpose of voting accompanied by a child; and (b) the Presiding Officer considers that the child- (i) should not be left unattended while the person is in the polling station; and (ii) will not disturb or cause inconvenience to any person in the polling station, that Officer may permit the child to enter the polling station. (L.N. 65 of 2000) (14) The Presiding Officer must not exercise the powers conferred on that Officer under this section so as to prevent a person from voting at the polling station allocated to that person. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 45 What constitutes an offence at a polling station VerDate:16/07/2004 (1) Subject to subsection (6), if on polling day, within a polling station, a person- (a) communicates with an elector or an authorized representative; or (b) uses a mobile telephone, paging machine or any other device for electronic communication, contrary to a direction of the Returning Officer, Assistant Returning Officer, Presiding Officer or any polling officer not to do so, that person commits an offence. (L.N. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004) (2) A person who, on polling day, films or takes photographs or makes any audio or video recording within a polling station without- (a) the express permission of- (i) the Presiding Officer; or (ii) any member of the Commission; or (b) the express permission, in writing, of the Returning Officer for the constituency or constituencies for which the polling station is used for polling, (L.N. 84 of 2004) commits an offence. (L.N. 65 of 2000) (3) A person who, on polling day, engages in the canvassing for votes or displays an election advertisement within a polling station commits an offence. (L.N. 65 of 2000) (4) A person who, on polling day, fails to comply with a lawful order given by the Returning Officer or the Presiding Officer or behaves in a disorderly manner in a no canvassing zone or a no staying zone or within or at a polling station or contravenes section 40(16) or 41(4), commits an offence. (5) A person who, without reasonable excuse, displays or wears, on polling day and within a polling station, any badge, emblem, clothing or head-dress which- (L.N. 84 of 2004) (a) may promote or prejudice the election of a candidate or candidates at the election; or (b) makes direct reference to a body any member of which is standing as a candidate in the election or to a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election, (L.N. 84 of 2004) commits an offence. (L.N. 65 of 2000) (6) Subsection (1) does not apply to- (a) a Returning Officer or an Assistant Returning Officer; (L.N. 84 of 2004) (b) a member of the Commission; (c) the Chief Electoral Officer; (L.N. 147 of 1998) (d) a person authorized in writing by a member of the Commission to so communicate; (e) a Presiding Officer; (f) a polling officer; (g) a person authorized in writing by the Returning Officer to act as a liaison officer; (h) a police officer on duty at a polling station; or (i) a member of the Civil Aid Service on duty at the polling station. (7) A person who commits an offence- (L.N. 84 of 2004 and L.N. 140 of 2004) (a) under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months; (b) under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 84 of 2004 and L.N. 140 of 2004) (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 46 Presiding Officer to keep order at the polling station VerDate:21/01/1998 (1) The Presiding Officer must keep order at the polling station. (2) If, on polling day, in the polling station or its vicinity, a person- (a) misconducts himself or herself, the Returning Officer or the Presiding Officer may; (b) fails to obey a lawful order of the Returning Officer, that Officer may; or (c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the polling station or the vicinity of the polling station, as the case may be, immediately. (3) If a person fails to leave when ordered to do so under subsection (2), the person may be removed by a police officer or by a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate. (4) A person who is removed under subsection (3) may not enter the relevant polling station again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so. (5) The powers conferred by this section are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 47 Design of ballot box VerDate:21/01/1998 Division 2: Ballot Boxes and Ballot Papers and Procedure for Voting A ballot box to be used for an election is to be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or the sealing device. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 48 Presiding Officer to seal ballot box before commencement of poll VerDate:05/05/2000 (1) Immediately before the commencement of the poll, the Presiding Officer must show each ballot box, empty, to the persons, if any, as are then present within the polling station. Then the Presiding Officer must lock the ballot box, seal it with a seal provided for that purpose or any other device specified by the Chief Electoral Officer, so that it cannot be opened without breaking the seal or the device. (2) The Presiding Officer must place the ballot box for the receipt of ballot papers in that Officer's view or in the view of any other polling officers, and must keep it locked and sealed. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 49 Form of ballot papers and order of appearance of lists or names of candidates on ballot papers VerDate:01/06/2008 (1) A ballot paper to be used to vote for a geographical constituency is to be in Form 1 in Schedule 3. (2) A ballot paper to be used to vote for a special functional constituency is to be in Form 2 in Schedule 3. (3) A ballot paper to be used to vote for an ordinary functional constituency is to be in Form 3(a) or 3(b) in Schedule 3, as appropriate. (L.N. 65 of 2000) (4) The Chief Electoral Officer may modify the layout of the form of any ballot paper prescribed in Schedule 3 to incorporate particulars relating to candidates to be printed on a ballot paper in accordance with the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M). (L.N. 84 of 2004; L.N. 47 of 2007; L.N. 66 of 2008) (5) The Commission may decide- (a) to have a ballot paper printed in white or in colour or colour pattern; (b) the colour in which a ballot paper is to be printed or the colour pattern to be printed on a ballot paper; (c) to have different types of ballot paper printed in different colours or with different colour patterns; (d) whether or not to have a design on the back of a ballot paper; (e) the design to be printed on the back of a ballot paper; or (f) to have different designs printed on the back of different types of ballot papers. (6) The order in which lists of candidates appear on a GC ballot paper is to be determined by the Returning Officer by the drawing of lots. A number is to be allocated to each list in accordance with the result of the draw. That number is to be printed on the ballot paper against the list of candidates. In each list, each candidate is to be allocated a letter of the alphabet to indicate the order of priority, beginning with the letter "a" for the candidate ranking first in priority; and the letter so allocated is to be printed on the ballot paper against the name of the candidate. (L.N. 147 of 1998) (7) The order in which the names of candidates appear on an FC ballot paper for a functional constituency is to be determined by the Returning Officer by the drawing of lots. (L.N. 147 of 1998) (8) Each ordinary functional constituency is to be assigned a letter of the alphabet by the Chief Electoral Officer and each candidate for an ordinary functional constituency is to be allocated a number preceded by the letter so assigned, according to the result of the draw. The letter and the number are to be printed on the ballot paper against the name of the candidate. (L.N. 147 of 1998; L.N. 65 of 2000) (9) A letter of the alphabet is to be allocated to each candidate for a special functional constituency according to the result of the draw and that letter preceded by an appropriate abbreviation for the name of the special functional constituency is to be printed on the ballot paper against the name of the candidate. (L.N. 147 of 1998) (10) (Repealed L.N. 84 of 2004) (11) A candidate may be present at the drawing of lots under this section or be represented by a person authorized in writing by him or her. (12) The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section. In the case of a multiple candidates list, notice need to be given only to the candidate ranking first in priority on the list. (13) A ballot paper is to contain the following information- (a) the name of the candidate; (aa) insofar as may be applicable to the candidate, the particulars specified in the Schedule to the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap 541 sub. leg. M); (L.N. 66 of 2008) (b) if the Commission so determines, the address of the candidate as shown on the notice of nominations; and (c) the number or a letter of the alphabet allocated to the candidate or the list of candidates under this section. (13A) In the case of the death or disqualification of a candidate who has been allocated a number or a letter of the alphabet under this section, the name of the candidate and the information under subsection (13) relating to that candidate- (a) are to be omitted from the ballot paper; or (b) if printed on the ballot paper, are to be crossed out in accordance with section 37(2). (L.N. 65 of 2000) (13B) The number or letter of the alphabet allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the constituency concerned who has died or is disqualified is omitted from the ballot paper or crossed out under subsection (13A). (L.N. 65 of 2000; L.N. 84 of 2004) (14) A ballot paper is to have the date and description of the election printed on the front of it. (15) A number may be printed on the counterfoil of a ballot paper, but that number is not to be printed or shown in any manner on the ballot paper. (16) A notice required to be given to a candidate under subsection (12) may be given to the election agent instead of to the candidate. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 50 Ballot paper to be given to person only if Presiding Officer is satisfied of person's identity VerDate:21/01/1998 (1) The Presiding Officer must not give a ballot paper to a person unless that Officer is satisfied by inspecting that person's identity document or any other document showing the person's name and photograph that he or she is the person registered in the final register, whom he or she claims to be. (2) A person is not to be prevented from voting only due to an omission or inaccuracy of a particular required to be recorded in a final register, other than the omission of both the person's name and the identity document number. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 51 Questions to be asked from persons applying for a ballot paper VerDate:16/07/2004 (1) The Presiding Officer may, at the time a person applies for a ballot paper, but not afterwards, ask, in case of doubt, the appropriate questions set out in subsection (3). (L.N. 147 of 1998) (2) When asking the questions, the Presiding Officer must have regard to whether the ballot paper applied for is a GC ballot paper or an FC ballot paper and the person applying for the ballot paper is an elector or an authorized representative. That Officer must choose, frame, adjust or modify the questions accordingly. (L.N. 84 of 2004) (3) The questions referred to in subsections (1) and (2) are- (a) "Are you the person registered in the final register now in effect for this geographical constituency, as follows (the Presiding Officer to read the whole entry as it is recorded in the register)?" or "你是 否已登記在就本地方選區正有效的正式登記冊上，並且有關登記記項一如以下所述 (the Presiding Officer to read the whole entry as it is recorded in the register)?"; (b) "Are you the person registered in the final register now in effect for this functional constituency, as follows (the Presiding Officer to read the whole entry as it is recorded in the register)?" or "你是否已登記在就本功 能界別正有效的正式登記冊上，並且有關登記記項一如以下所述 (the Presiding Officer to read the whole entry as it is recorded in the register)?"; (c) (Repealed L.N. 84 of 2004) (d) "Have you already voted for this or any other geographical constituency in this election?" or "在這次選舉中，你是否已經就本地方選區或任何其他地方選區投票？"; (e) "Have you already voted for this functional constituency in this election?" or "在這次選舉中，你是否已經就本功能界別投票？". (L.N. 84 of 2004) (f) (Repealed L.N. 84 of 2004) (4) The Presiding Officer must ask the appropriate questions set out in subsection (3) if so required by a candidate, an election agent or a polling agent. (5) The Presiding Officer must not give a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 52 A candidate or election agent or polling agent may challenge a person who has applied for a ballot paper or who has voted* VerDate:01/06/2008 (1) If a candidate, an election agent or a polling agent declares to the Presiding Officer that he or she has reasonable cause to believe that a person has engaged in corrupt conduct by impersonation and undertakes in writing to substantiate the allegation in a court, the Presiding Officer may request a police officer to arrest that person. A candidate or an election agent or a polling agent may so declare only at the time a person applies for the ballot paper or after a person has applied for a ballot paper and before he or she has left the polling station. (2) If the Presiding Officer has reason to believe that a person applying for a ballot paper or who has applied for a ballot paper and who has not left the polling station has engaged in corrupt conduct by impersonation, the Presiding Officer may request a police officer to arrest that person. (3) A person regarding whom a declaration is made under subsection (1) (whether or not that person is arrested under that subsection) or a person who has been arrested under subsection (2) is not to be prevented from voting only by reason of the declaration or the arrest. (4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). (10 of 2000 s. 47) (10 of 2000 s. 47) _______________________________________________________________________ Note: * (Amended L.N. 66 of 2008) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 53 Presiding Officer to issue one or more ballot papers depending on the entitlement to vote VerDate:16/07/2004 (1) At a polling station used only for polling for a geographical constituency, the Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper. (2) At a polling station used only for polling for a functional constituency, the Presiding Officer is to issue only one ballot paper to an elector or authorized representative who applies for a ballot paper. (3) (Repealed L.N. 84 of 2004) (4) At a GC polling station which is also used for polling for one or more functional constituencies, the Presiding Officer- (L.N. 84 of 2004) (a) must issue a GC ballot paper to an elector who is entitled to vote only for that geographical constituency; (b) must issue a GC ballot paper and the appropriate FC ballot paper to a GC elector who is entitled to vote for a functional constituency either as an elector or as an authorized representative; and (c) must issue a GC ballot paper and the appropriate FC ballot papers to a GC elector who is entitled to vote as an elector for a functional constituency and as an authorized representative for another functional constituency. (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 84 of 2004) (5) (Repealed L.N. 84 of 2004) (6) Before issuing a ballot paper or ballot papers under this section, the name of the elector or authorized representative, as may be applicable, as stated in the copy of the relevant final register supplied under section 37(3) must be called out. (L.N. 65 of 2000) (7) Immediately before issuing the ballot paper or ballot papers, the Presiding Officer must place a line in the copy of the final register across the name and identity document number of the elector or authorized representative to denote that the ballot papers the person is entitled to have issued to him or her at that polling station have been so issued. (L.N. 65 of 2000) (8) No record is to be made of the particular ballot paper or ballot papers issued to an elector or authorized representative. (L.N. 147 of 1998) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 53A Elector who has not cast vote may return to cast vote with permission VerDate:16/07/2004 (1) Subject to subsection (5), if an elector— (a) has been issued with a ballot paper; and (b) has left the polling station without casting the vote, the elector must not cast the vote when the elector returns to the polling station before the close of the poll unless— (c) before leaving the polling station, the elector has— (i) made a request to the Presiding Officer for permission to cast the vote before the close of the poll; (ii) informed the Presiding Officer of the reason for leaving the polling station without casting the vote; and (iii) returned the ballot paper, 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 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. (3) If the Presiding Officer grants the permission to an elector under subsection (2), that Officer must— (a) keep in custody the ballot paper 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, re-issue the ballot paper 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), that Officer must immediately re-issue to the elector the ballot paper returned under subsection (1)(c)(iii). (5) An elector who— (a) has been issued with a ballot paper; (b) has become incapacitated from voting by physical illness; and (c) has left the polling station after— (i) returning the ballot paper, unmarked, to the Presiding Officer; or (ii) leaving the ballot paper, unmarked, behind in the polling station without putting the ballot paper into the ballot box (if the Presiding Officer is aware that the elector has so left the ballot paper behind before leaving the polling station), may return to the polling station before the close of the poll and cast the vote. (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 must— (a) keep in 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) is to be regarded as issuing a ballot paper under section 53(1) or (2). (8) In this section, references to “elector” are to be construed as including an authorized representative. (L.N. 140 of 2004) (L.N. 84 of 2004) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 54 Procedure for voting VerDate:16/07/2004 (1) When an elector or authorized representative is issued with a ballot paper or ballot papers, he or she must immediately go into a voting compartment and mark the ballot paper or ballot papers as appropriate. After marking the ballot paper or ballot papers, the elector or authorized representative must, before leaving the voting compartment, conceal the mark or marks on it or them in the appropriate manner described in subsection (3) and put the ballot paper or ballot papers, into the correct ballot box. (L.N. 84 of 2004) (2) (Repealed L.N. 84 of 2004) (3) An elector or authorized representative voting for a constituency must— (L.N. 84 of 2004) (a) in relation to an FC ballot paper, put the ballot paper, unfolded, into the ballot box with the marked side facing down; (b) in relation to a GC ballot paper, fold the ballot paper so that the marked side is inside and put the folded ballot paper into the ballot box. (L.N. 84 of 2004) (4) An elector or an authorized representative must cast his or her vote without undue delay. An elector or authorized representative must leave the polling station as soon as he or she has put the ballot paper or ballot papers into the ballot box or ballot boxes. (5) Subject to subsection (3), a person must not put anything other than a marked ballot paper into the ballot box. (L.N. 84 of 2004) (6) Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. A person who contravenes this subsection commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 65 of 2000) (7) In this section "voting compartment" (投票間) means a compartment provided under section 37(1) for the purpose of marking ballot papers. "voting compartment" (投票間) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 55 How GC ballot papers are to be marked VerDate:05/05/2000 (1) An elector voting for a geographical constituency must mark his or her ballot paper with the chop provided under section 37(6) for the purpose. (L.N. 65 of 2000) (2) The chop is to be affixed to give a single "P" in the circle opposite the list of candidates of the elector's choice on the ballot paper. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 56 How special functional constituency ballot papers are to be marked VerDate:05/05/2000 (1) An elector or authorized representative voting for a special functional constituency must mark the ballot paper as described in section 50(3) of the Legislative Council Ordinance (Cap 542). (2) For the purposes of this section and section 50(3) of the Legislative Council Ordinance (Cap 542), an elector or authorized representative must mark the first preference by entering, in accordance with subsection (2A), "1" (Arabic numeral) against the name of a candidate on the ballot paper and mark, in the same manner, the other preferences in the descending order beginning with "2" (Arabic numeral). (L.N. 65 of 2000) (2A) The Arabic numeral is to be entered in the circle opposite the name of the candidate of the elector's or authorized representative's choice on the ballot paper. (L.N. 65 of 2000) (3) If a person referred to in subsection (1) marks a first preference for 2 or more candidates (whether or not that person marks preferences for any other candidate) or does not mark a first preference (whether or not that person marks any other preference) the ballot paper is void. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 57 How ordinary functional constituency ballot papers are to be marked VerDate:05/05/2000 (1) An elector or authorized representative voting for an ordinary functional constituency must mark his or her ballot paper with the chop provided under section 37(6) for the purpose. The elector or authorized representative may vote for a number of candidates not exceeding the number of Members to be returned for that ordinary functional constituency. (L.N. 65 of 2000) (2) The chop is to be affixed to give a single "P" in the circle opposite the names of the candidates of the elector's or authorized representative's choice on the ballot paper. (L.N. 65 of 2000) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 58 (Repealed L.N. 84 of 2004) VerDate:16/07/2004 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 59 Marking of ballot papers for or by incapacitated person VerDate:16/07/2004 (1) The Presiding Officer may mark a ballot paper for an elector or authorized representative who is or claims that he or she is unable to read or is incapacitated from voting due to blindness or other physical cause. The Presiding Officer may do so only on the application of such an elector or authorized representative. (2) The Presiding Officer must mark the ballot paper for a person referred to in subsection (1) in the presence of a polling officer and in the appropriate manner specified in section 55, 56 or 57 (as may be applicable), according to the choice of the elector or authorized representative. The Presiding Officer must put the ballot paper into the ballot box, in the appropriate manner described in section 54 in the presence of a polling officer, after marking it. (L.N. 84 of 2004) (3) An elector or authorized representative who is blind or claims that he or she is blind may make use of a template to mark the ballot paper if a template is provided for that purpose at the polling station. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 60 When a person is to be issued with a ballot paper marked "重複" and "TENDERED" VerDate:01/06/2008