ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - CHAPTER 541F ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - LONG TITLE Empowering section VerDate:01/08/1999 (Cap 541, section 7) [1 August 1999] (L.N. 142 of 1999) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 1 (Omitted as spent) VerDate:01/08/1999 PART I PRELIMINARY (Omitted as spent) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 2 Interpretation VerDate:01/09/2007 (1) In this Regulation, unless the context otherwise requires- "ballot paper" (選票) means a ballot paper to vote for a candidate standing for election for a constituency; "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 2 of the District Councils Ordinance (Cap 547); "by-election notice" (補選公告) means a notice published under section 10; "candidate" (候選人) means, subject to subsection (2), in relation to a particular constituency, a candidate who is validly nominated to be returned as an elected member for that constituency at an election; "constituency" (選區) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap 547); "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 31; "counting zone" (點票區) means an area within a counting station assigned by the Presiding Officer for the counting of the votes for a particular constituency; (L.N. 125 of 2003) "District" (地方行政區) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap 547); "dominant counting station" (主要點票站) means a place designated as a dominant counting station under section 31; (L.N. 125 of 2003) "elected member" (民選議員) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap 547); "election" (選舉) means an ordinary election or a by-election; "election advertisement" (選舉廣告) means any publicity material used or intended to be used by or on behalf of a candidate for the purpose of promoting or advertising that candidate in connection with an election; "election agent" (選舉代理人) means a person appointed as an election agent under section 26; "election day" (選舉日) means the date on which an election is to be held; "election expense agent" (選舉開支代理人) means a person authorized to incur election expenses under section 28; "election expenses" (選舉開支), in relation to an election, has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); (10 of 2000 s. 47) "election notice" (選舉公告) means a notice published under section 8; "elector" (選民) means any person whose name is included in the final register; "Electoral Registration Officer" (選舉登記主任) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap 547); "final register" (正式選民登記冊) means the geographical constituencies final register or, in relation to the first ordinary election, the register compiled under section 4 for that election; "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) "head-dress" (頭飾) means anything which is worn on a person's head; (L.N. 125 of 2003) "identity card" (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap 177); "identity document" (身分證明文件) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap 547); "main counting station" (大點票站) means a place designated as a main counting station under section 31; (L.N. 125 of 2003 and L.N. 191 of 2003) "no canvassing zone" (禁止拉票區) means an area determined under section 43 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 43 to be an area in which staying or loitering is prohibited; "nomination form" (提名表格) means the specified form submitted for the purpose of nominating a candidate to stand for election for a constituency; "nomination period" (提名期) means, in relation to- (a) an ordinary election, the period specified under section 8(2)(b); (b) a by-election for a constituency, the period specified under section 10(5)(a); "Nominations Advisory Committee" (提名顧問委員會) means a committee appointed under the Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation (Cap 541 sub. leg. E); "notice appointing the election day" (指定選舉日公告) means, in relation to an ordinary election, a notice by which a date is specified by the Chief Executive under the District Councils Ordinance (Cap 547) to hold an election to return elected members of the District Councils; "notice of nominations" (提名公告) means a notice published under section 22; "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; "polling agent" (監察投票代理人) means a person appointed as a polling agent under section 45; "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 30; "polling officer" (投票站人員) means, in relation to a polling station, the person appointed under section 37(2) as a polling officer for that polling station; "polling station" (投票站) means a place designated as a polling station under section 31; "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. 79 of 2007) "Presiding Officer" (投票站主任) means, in relation to a polling station, the person appointed under section 37(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 name or a registered emblem, 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. 79 of 2007) "registered residential address" (登記住址) means, in relation to a person- (a) subject to paragraph (b), the address recorded in the particulars of that person in the final register; (b) in sections 5 and 6, 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 2 of the District Councils Ordinance (Cap 547); "small polling station" (小投票站) means a place designated as a small polling station under section 31; (L.N. 125 of 2003 and L.N. 191 of 2003) "special polling station" (特別投票站) means a polling station designated as such under section 32; "specified address" (指明地點) means, in relation to a 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 for that constituency; "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; "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; or (b) in case a declaration under section 24 or 25 is made, a person whom the Returning Officer has declared under section 24 or 25 to be validly nominated; "verification of the ballot paper account" (選票結算核實書) means a statement prepared under section 75. (L.N. 125 of 2003 and L.N. 191 of 2003) (L.N. 125 of 2003; L.N. 79 of 2007) (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 to stand for election as an elected member; and (b) in the definition of "election advertisement" and section 103, "candidate" (候選人) includes a person who is a candidate within the meaning of paragraph (a) and a person who intends to stand for election as an elected member at an election, whether or not that person has submitted a nomination form under Part II. (3) In this Regulation, unless it is provided otherwise- (a) (Repealed L.N. 125 of 2003 and L.N. 191 of 2003) (b) references to the Returning Officer are to be construed, in relation to a constituency, as references to the Returning Officer appointed for that constituency; (L.N. 125 of 2003 and L.N. 191 of 2003) (c) references to the counting station are to be construed as including the main counting station and dominant counting station; and (L.N. 125 of 2003 and L.N. 191 of 2003) (d) references to the polling station are to be construed as including the small polling station and special polling station. (L.N. 125 of 2003 and L.N. 191 of 2003) (4) 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. "ballot paper" (選票) "ballot paper account" (選票結算表) "by-election" (補選) "by-election notice" (補選公告) "candidate" (候選人) "constituency" (選區) "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) "District" (地方行政區) "dominant counting station" (主要點票站) "elected member" (民選議員) "election" (選舉) "election advertisement" (選舉廣告) "election agent" (選舉代理人) "election day" (選舉日) "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) "Electoral Registration Officer" (選舉登記主任) "final register" (正式選民登記冊) "geographical constituencies final register" (地方選區正式選民登記冊) "head-dress" (頭飾) "identity card" (身分證) "identity document" (身分證明文件) "main counting station" (大點票站) "no canvassing zone" (禁止拉票區) "no staying zone" (禁止逗留區) "nomination form" (提名表格) "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) "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) "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) "small polling station" (小投票站) "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) "candidate" (候選人) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 3 Application VerDate:01/08/1999 (1) Except where otherwise stated, this Regulation applies to an ordinary 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) Schedule 1 applies to an ordinary election and a by-election. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 4 Electoral Registration Officer to compile register for the first ordinary election VerDate:01/08/1999 PART II STAGES OF AN ELECTION BEFORE THE POLL: ORDINARY ELECTION AND BY-ELECTIONS Division 1: Publication of Register for the First Ordinary Election The Electoral Registration Officer must, not later than 2 months before the date of the first ordinary election, compile a register for that election on the basis of the geographical constituencies final register which is currently in effect. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 5 Form of register VerDate:01/08/1999 (1) The register compiled under section 4 is to be divided into sections by reference to Districts so that there is a separate section in the register for each District. (2) Each section of the register must be further divided into parts corresponding to the constituencies for the District so that there is a separate part for each constituency. (3) An entry in the register relating to an elector must show the name and the registered residential address of that elector. (4) The arrangement of the entries for each constituency must be as follows- (a) the names of the electors in Chinese, arranged according to the number of strokes of the Chinese characters of their respective surnames, are to be recorded first; (b) the names of the electors in English, arranged according to the alphabetical order of their respective surnames, must follow the entries at paragraph (a). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 6 Electoral Registration Officer to determine the part in which an elector's name is to be recorded VerDate:01/08/1999 (1) The Electoral Registration Officer must, having regard to the constituency allocated to an elector under section 31 of the District Councils Ordinance (Cap 547), determine the appropriate part of the register compiled under section 4 in which to record the elector's name and registered residential address. When the part is so determined, the Electoral Registration Officer must record the elector's name and registered residential address in that part according to section 5(3) and (4). (2) The Electoral Registration Officer must inform an elector in writing of the section and part in which that elector's name and registered residential address are recorded. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 7 Electoral Registration Officer to publish notice of the register and to make the register available for public inspection VerDate:01/08/1999 (1) The Electoral Registration Officer must, as soon as practicable after the register for the first ordinary election is compiled under section 4, publish in the Gazette and at least one Chinese language daily newspaper and one English language daily newspaper, in circulation in Hong Kong, a notice which complies with subsection (2). (2) A notice under subsection (1) must specify- (a) that a copy of the register is available for public inspection during ordinary business hours; and (b) the place or places at which a copy of the register may be inspected by the public. (3) The Electoral Registration Officer must make available for public inspection, a copy of the register at the place or places specified in the notice during ordinary business hours. (4) The Electoral Registration Officer may make available for public inspection, a copy of a specific part of the register at a place additional to the place or places specified in the notice published under this section. The Electoral Registration Officer may determine the period during which and the times at which it may be so inspected. (5) The Electoral Registration Officer may require a person who wishes to inspect a copy of the register or any part of it to produce to that Officer his or her identity document and to complete a form furnished by that Officer. (6) Publication of a notice under subsection (1) is to be treated as the publication of the register for the purposes of section 31(1)(b) of the District Councils Ordinance (Cap 547). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 8 Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms VerDate:01/08/1999 Division 2: 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 a notice which complies with subsection (2). (2) A notice under subsection (1) must state, in relation to each constituency- (a) the name of the constituency, the name of the relevant District, and that one elected member is to be returned for that constituency; (b) the period within which nomination forms for the constituency are to be submitted to the Returning Officer; (c) the address at which nomination forms are to be submitted; (d) that nomination forms must be submitted during ordinary business hours; (e) the date on which the election is to be held; and (f) that a poll will be held on the date referred to in paragraph (e) if there is more than one validly nominated candidate for that constituency. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 9 Chief Electoral Officer to determine nomination period VerDate:01/08/1999 (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 relevant election notice is published in the Gazette. The nomination period must not be less than 14 days or more than 21 days. (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) (DISTRICT COUNCILS) REGULATION - SECT 10 Chief Electoral Officer to publish by-election notice if a by-election is to be held under section 33 of the District Councils Ordinance VerDate:01/08/1999 (1) Subject to section 33(2) of the District Councils Ordinance (Cap 547), as soon as practicable after a declaration referred to in section 33(1) of that Ordinance is made, in order to hold a by-election for the purposes of that section 33(1), the Chief Electoral Officer must publish in the Gazette a notice in accordance with this section. (2) The by-election notice must state, in relation to each constituency for which the by-election is to be held, the name of the constituency, the name of the relevant District, and that one elected member is to be returned for the constituency at the by-election. (3) The by-election notice must state the date on which the by-election is to be held. (4) The by-election notice must also state that a poll will be held on the date referred to in subsection (3) if there is more than one validly nominated candidate for the constituency. (5) 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) (DISTRICT COUNCILS) REGULATION - SECT 11 Election notice to be in the specified form VerDate:01/08/1999 An election notice or a by-election notice must be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 12 How to nominate a candidate for a constituency VerDate:21/07/2003 (1) A person is to be nominated as a candidate 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 District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap 547 sub. leg. A). (4) The candidate must make the declaration required by section 34(1)(b) of the District Councils Ordinance (Cap 547) 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; (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 based on which the particulars of the candidate are recorded in the 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, may include that different name of the candidate; and (b) must also contain the identity document number and principal residential address of the candidate. (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. 125 of 2003) (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 in order to be satisfied- (a) that he or she is eligible to be nominated as a candidate for a constituency; or (b) as to the validity of the nomination. (11) Only one person can be nominated by one nomination form. (12) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address. (13) The nomination form must be submitted by the candidate in person or in any other manner authorized by the Chief Electoral Officer. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 13 Returning Officer may assist in preparation of nomination forms VerDate:01/08/1999 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) (DISTRICT COUNCILS) REGULATION - SECT 14 Returning Officer to make available copies of nomination forms for public inspection VerDate:01/08/1999 The Returning Officer must make available for inspection by the public, at the specified address, during ordinary business hours, a copy of each nomination form 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 46 of the District Councils Ordinance (Cap 547). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 15 Returning Officer not to accept nomination form without deposit and to issue receipt for deposit VerDate:01/08/1999 (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 District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap 547 sub. leg. A). "appropriate deposit" (適當的按金) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 16 Returning Officer to decide whether candidates are validly nominated VerDate:01/08/1999 (1) The Returning Officer must, as soon as practicable after receiving a nomination form, decide whether a candidate is validly nominated. (2) If sections 20, 21 and 34 of the District Councils Ordinance (Cap 547) and section 12 are complied with, the candidate stands validly nominated unless- (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 20, 21 and 34 of the District Councils Ordinance (Cap 547), the Returning Officer may decide that a nomination form 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 District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap 547 sub. leg. A); (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 District Councils Ordinance (Cap 547); (d) the candidate has been nominated for another constituency in the same election, and the Returning Officer is satisfied that the other candidature has not been withdrawn; (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 District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap 547 sub. leg. A). "prescribed number" (訂明數目) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 17 Returning Officer to have regard to advice of Nominations Advisory Committee VerDate:01/08/1999 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) the 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 (District Councils)) Regulation (Cap 541 sub. leg. E); or (b) the 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) (DISTRICT COUNCILS) REGULATION - SECT 18 Returning Officer may give opportunity to rectify a nomination form VerDate:01/08/1999 (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) A nomination form cannot be rectified under this section after the expiry of the nomination period. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 19 Returning Officer to endorse invalid nomination forms VerDate:01/08/1999 (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. (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) (DISTRICT COUNCILS) REGULATION - SECT 20 How a nominated candidate is to withdraw from candidature VerDate:01/08/1999 (1) A withdrawal of candidature for the purposes of section 35 of the District Councils Ordinance (Cap 547) 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) (DISTRICT COUNCILS) REGULATION - SECT 21 No nomination for more than one constituency VerDate:01/08/1999 (1) A person cannot be nominated as a candidate in an election for more than one constituency. (2) A person who wishes to be nominated as a candidate in the same election for a constituency other than the constituency for which he or she has for the time being submitted a nomination form ("first constituency") must, before he or she submits a nomination form for that other constituency, withdraw his or her candidature for the first constituency, in accordance with section 20, and declare in the nomination form for that other constituency that his or her candidature for the first constituency has been withdrawn. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 22 Returning Officer to publish a notice of particulars of validly nominated candidates VerDate:01/08/1999 (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 constituencies. (3) For the purposes of subsection (2), a separate notice may be published for each constituency or one notice may be published for all the constituencies in one District, or one notice may be published for all the constituencies. (4) A notice published for a constituency must state- (a) the name and the principal residential address of each validly nominated candidate for that constituency; and (b) the number allocated to each candidate under section 52(4). (5) A notice under this section must be in the specified form. (6) If one notice is to be published for more than one constituency under this section, the notice is to be published by the Returning Officer specified for the purpose by the Chief Electoral Officer. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 23 Returning Officer to publish a notice for the purposes of section 39(1) of the District Councils Ordinance VerDate:01/08/1999 (1) If only one candidate has been validly nominated for a particular constituency, the Returning Officer must, in the notice published for that constituency under section 22 or in a separate notice, declare, for the purposes of section 39(1) of the District Councils Ordinance (Cap 547), the candidate as being duly elected as an elected member for that constituency. (2) A separate notice under subsection (1) must- (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 an elected member; and (c) be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 24 Returning Officer to notify and declare if a validly nominated candidate is proved to have died VerDate:01/09/2007 Returning Officer to notify and declare if a validly nominated candidate is proved to have died (L.N. 79 of 2007) (1) If the death of a candidate is proved to the satisfaction of the Returning Officer before the election day but after that Officer has decided that the candidate is validly nominated, that Officer must notify the Chief Electoral Officer as soon as possible. (L.N. 79 of 2007) (2) The Returning Officer must, as soon as practicable, declare that the candidate has died. That Officer must further declare which candidates are validly nominated for election for the relevant constituency. (3) A declaration under subsection (2) must be made- (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 the Returning Officer considers appropriate in the circumstances. (4) A notice under subsection (3)(a) or (b) must state- (a) the name and the principal residential address of the deceased candidate; (b) the name of the constituency and the name of the relevant District; and (c) the name and the principal residential address of each candidate that remains validly nominated for that constituency. (5) A public announcement under subsection (3)(c) must state- (a) the name of the deceased candidate; (b) the name of the constituency and the name of the relevant District; and (c) the name of each candidate that remains validly nominated for that constituency. (6) The Returning Officer must endorse on the nomination form of the deceased candidate that the candidate has died. The Returning Officer must sign the endorsement. (7) The Returning Officer must, if practicable, send a notice of the declaration under subsection (2) to each of the candidates that remains validly nominated for the constituency concerned to replace the notice under section 19(3). (8) On polling day, the Returning Officer may, where that Officer considers appropriate, display a notice which complies with subsection (4) in a prominent place outside each polling station for the constituency concerned. (9) If, after the death of a candidate, only one candidate remains validly nominated for the constituency concerned, 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 constituency. The Returning Officer must in the notice under subsection (3)(a), if any, or in a separate notice declare, for the purposes of section 39(1) of the District Councils Ordinance (Cap 547), the remaining candidate as being duly elected as an elected member for that constituency. (10) A separate notice under subsection (9) must- (a) be published in the Gazette as soon as practicable; (b) state the name and the principal residential address of the candidate declared to be duly elected as an elected member; and (c) be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 25 Returning Officer to vary decision if a validly nominated candidate is proved to be disqualified VerDate:01/09/2007 Returning Officer to vary decision if a validly nominated candidate is proved to be disqualified (L.N. 79 of 2007) (1) If the disqualification of a candidate is proved to the satisfaction of the Returning Officer before the election day but after that Officer has decided that the candidate is validly nominated, that Officer must notify the Chief Electoral Officer as soon as possible. (L.N. 79 of 2007) (2) The Returning Officer must, as soon as practicable, declare that the Officer's decision under section 16 is varied to the effect that the candidate is not validly nominated. That Officer must further declare which candidates are validly nominated for election for the relevant constituency. (3) A declaration under subsection (2) must be made- (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 the Returning Officer considers appropriate in the circumstances. (4) A notice under subsection (3)(a) or (b) must state- (a) the name and the principal residential address of the disqualified candidate; (b) the name of the constituency and the name of the relevant District; (c) that the decision of the Returning Officer under section 16 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 that remains validly nominated for that constituency. (5) A public announcement under subsection (3)(c) must state- (a) the name of the disqualified candidate; (b) the name of the constituency and the name of the relevant District; and (c) the name of each candidate that remains validly nominated for that constituency. (6) The Returning Officer must endorse on the nomination form of the disqualified candidate that the Officer's decision under section 16 in relation to that candidate is varied and the reasons for it. The Returning Officer must sign the endorsement. (7) The Returning Officer must, if practicable, send a notice of the declaration under subsection (2) to the disqualified candidate and each of the candidates that remains validly nominated for the constituency concerned to replace the notice under section 19(3). (8) On polling day, the Returning Officer may, where that Officer considers appropriate, display a notice which complies with subsection (4) in a prominent place outside each polling station for the constituency concerned. (9) If, after the disqualification of a candidate, only one candidate remains validly nominated for the constituency concerned, 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 constituency. The Returning Officer must in the notice under subsection (3)(a), if any, or in a separate notice declare, for the purposes of section 39(1) of the District Councils Ordinance (Cap 547), the remaining candidate as being duly elected as an elected member for that constituency. (10) A separate notice under subsection (9) must- (a) be published in the Gazette as soon as practicable; (b) state the name and the principal residential address of the candidate declared to be duly elected as an elected member; and (c) be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 26 A candidate may appoint election agent VerDate:01/08/1999 Division 3: Election Agents and Election Expense Agents (1) A candidate may appoint one person as his or her election agent. (2) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as an election agent. (3) A candidate must give notice of appointment of his or her election agent to the Returning Officer. (4) The appointment of an election agent is not effective until notice of the appointment is received by the Returning Officer. (5) 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. (6) The notice must be signed by the candidate. (7) A candidate cannot have more than one election agent at any one time. (8) If the appointment of an election agent is revoked, the candidate must give notice of the revocation to the Returning Officer as soon as possible. (9) A notice of revocation must be in writing and be signed by the candidate. (10) The revocation of the appointment of an election agent is not effective until notice of revocation is received by the Returning Officer. (11) If at any time an election agent dies or the appointment of an election agent is revoked, the candidate may appoint a replacement. (12) The appointment of a replacement must be in accordance with the requirements of this section. (13) A notice of appointment or a notice of revocation under this section must be in the specified form. (14) Subject to subsection (15), an election agent may do all things which a candidate 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. (15) An election agent may not- (a) do anything a candidate is required to do under section 12; (b) withdraw a candidate's candidature; or (c) authorize any person for the purposes of section 28. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 27 Returning Officer to send to other candidates a notice of particulars of election agent VerDate:01/08/1999 (1) The Returning Officer must send to every candidate a notice containing the particulars of the election agents of the other candidates for the constituency concerned. (2) 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 subsection (1). (3) The Returning Officer must send a notice under subsection (1) within 10 days of the expiry of the relevant nomination period. (4) If the appointment of the election agent is made after the period of 10 days referred to in subsection (3), or if a replacement is appointed under section 26(11), 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. (5) The Returning Officer must also display, in a prominent place outside that Officer's office, a notice of the particulars of the election agents. (6) A notice under this section must be in the specified form. (7) A notice required to be sent to a candidate under subsection (1) may be sent to the election agent instead of the candidate. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 28 A candidate may authorize persons to incur election expenses on the candidate's behalf VerDate:01/09/2007 (1) A candidate may authorize one or more persons to incur election expenses on his or her behalf. (2) Only a person who has attained the age of 18 years may be authorized as an election expense agent. (3) An authorization under this section must be in writing and in the specified form, and must state the name, identity document number and residential address of the person authorized. (L.N. 79 of 2007) (4) An authorization must state the maximum amount the person authorized may incur as election expenses. (5) An authorization must be signed by the candidate. An authorization must also be signed by the person authorized. (6) 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. 79 of 2007) (7) Service of a copy of the authorization may be effected by delivery by hand, by post or by facsimile transmission. (L.N. 79 of 2007) (7A) 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. 79 of 2007) (8)-(10) (Repealed L.N. 79 of 2007) (11) If the authorization of an election expense agent is revoked, the candidate must give notice of the revocation- (a) to the Returning Officer; or (b) if the Returning Officer has not been appointed, to the Chief Electoral Officer, as soon as possible. (12) A notice of revocation must be in writing and in the specified form, and must be signed by the candidate. (L.N. 79 of 2007) (13) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard a revocation of the authorization of an election expense agent as being effective, for any purpose related to an election for which a revocation is relevant, only when the relevant Officer receives the notice of revocation. (14)-(15) (Repealed L.N. 79 of 2007) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 29 Returning Officer to make available copies of authorization of election expense agents for public inspection VerDate:03/03/2000 The Returning Officer must make available for public inspection a copy of each copy of an authorization received by that Officer under section 28. A copy must be made available for public inspection as soon as practicable after that Officer receives 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) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 30 Chief Electoral Officer to appoint polling hours and to give notice in the Gazette VerDate:01/08/1999 PART III CONTESTED ELECTIONS: ORDINARY 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. (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 each constituency and, if appropriate, for each polling station. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 31 Chief Electoral Officer to designate polling stations, counting stations, small polling stations, main counting stations and dominant counting stations VerDate:21/07/2003 Chief Electoral Officer to designate polling stations, counting stations, small polling stations, main counting stations and dominant counting stations (L.N. 191 of 2003) (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. 125 of 2003) (1B) If in relation to a constituency, 2 or more counting stations, which are also polling stations, have been designated, the Chief Electoral Officer must designate the polling station at which the largest number of electors are to vote as the dominant counting station for that constituency. (L.N. 125 of 2003) (1C) The Chief Electoral Officer must designate each polling station (other than a special polling station) at which less than 200 electors are to vote as a small polling station. (L.N. 125 of 2003 and L.N. 191 of 2003) (1D) If in relation to a constituency, 2 or more polling stations have been designated and at least one of them is a small polling station or a special polling station, the Chief Electoral Officer must designate a polling station as a main counting station for the purpose of counting the votes of the small polling station or special polling station. (L.N. 125 of 2003 and L.N. 191 of 2003) (1E) The Chief Electoral Officer may designate a polling station as a main counting station in respect of the small polling station only if the aggregate of the electors to vote at the polling station to be so designated and the electors to vote at the small polling station is not less than 200. (L.N. 125 of 2003 and L.N. 191 of 2003) (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, counting stations, small polling stations, main counting stations and dominant counting stations. (L.N. 125 of 2003 and L.N. 191 of 2003) (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) (Repealed L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 32 Chief Electoral Officer to designate some polling stations as special polling stations VerDate:01/09/2007 (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, for the purposes of subsection (1), designate as a special polling station any place which has been designated as a polling station under section 31. (L.N. 79 of 2007) (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 the constituencies for which a particular special polling station is designated. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 33 Chief Electoral Officer to assign polling stations for constituencies and to allocate polling stations to electors VerDate:01/08/1999 (1) The Chief Electoral Officer may assign, for each constituency, one or more polling stations for conducting the poll for that constituency. (2) The Chief Electoral Officer must allocate to each elector a polling station to cast the vote he or she is entitled to cast at an election. (3) Under subsection (2), for the purposes of an election, the Chief Electoral Officer must allocate to an elector a polling station that is, as far as practicable, close to his or her registered residential address. (4) The Chief Electoral Officer may, if the circumstances require, allocate to an elector an alternative polling station, in addition to or in substitution of the polling station allocated under subsection (2), to cast the vote he or she is entitled to cast at the election. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 34 Chief Electoral Officer to send poll cards to electors VerDate:01/08/1999 (1) For every contested election, at least 10 days before polling day, the Chief Electoral Officer must send a poll card to each elector. (2) A poll card need not be sent to an elector if- (a) the Chief Electoral Officer is satisfied, having regard to information received from the Registrar of Births and Deaths, that the elector is dead; or (b) the Chief Electoral Officer is satisfied that the elector'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) The Chief Electoral Officer must state in the poll card the polling station at which the elector must cast his or her vote. (4) Where an alternative polling station is allocated to an elector under section 33(4), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate- (a) the elector; (b) the Returning Officer; (c) the Presiding Officer of the polling station previously allocated to the elector; and (d) the Presiding Officer of the alternative polling station. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 35 Chief Electoral Officer may allocate special polling stations VerDate:01/08/1999 (1) An elector, 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 33(2) 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. (2) An application under subsection (1) must be made at least 5 days before polling day. (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 an appropriate special polling station to cast the vote he or she is entitled to cast at the election to which the application relates. (4) The Chief Electoral Officer must inform the applicant in a manner that Officer considers appropriate, the result of the application, as soon as practicable. (5) When the Chief Electoral Officer allocates a special polling station to an elector, that Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate- (a) the Returning Officer; (b) the Presiding Officer of the special polling station; and (c) the Presiding Officer of the polling station previously allocated to the elector, of the name, identity document number and registered residential address of that elector. (6) The Chief Electoral Officer must notify the persons referred to in subsection (5) of the constituency for which the elector is entitled to vote. (7) The Chief Electoral Officer may, if the circumstances require, allocate to an elector 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 election. (8) Where an alternative special polling station is allocated to an elector under subsection (7), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate- (a) the elector; (b) the persons referred to in subsection (5); and (c) the Presiding Officer of the alternative special polling station. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 36 Persons to vote at the correct polling station VerDate:01/08/1999 (1) Subject to subsection (2), a person may only vote at the polling station allocated to him or her under section 33. (2) A person who is allocated a special polling station under section 35 may only vote at the special polling station so allocated. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 37 Chief Electoral Officer to appoint or remove Presiding Officers, etc. for each polling station VerDate:01/09/2007 Chief Electoral Officer to appoint or remove Presiding Officers, etc. for each polling station (L.N. 79 of 2007) (1) The Chief Electoral Officer must appoint a person to preside at each polling station. (2) The Chief Electoral Officer may appoint persons that Officer considers suitable, as polling officers, to assist the Presiding Officer in the conduct of a poll. (3) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer. (L.N. 79 of 2007) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 38 Chief Electoral Officer to supply candidates with copy or extract of final register VerDate:01/08/1999 (1) The Chief Electoral Officer must supply to each candidate- (a) in the case of the first ordinary election, a copy of the part of the final register; or (b) in the case of any subsequent ordinary election, an extract of the part of the final register, which relates to the constituency for which that candidate is nominated. (2) A copy or extract for the purposes of this section must be supplied to a candidate as soon as practicable after the relevant nomination form is submitted to the Returning Officer. (3) A copy under subsection (1)(a)- (a) must, in an entry relating to an elector, show the sex of the elector, denoted by the letter "M" for male and "F" for female; and (b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (4) An extract under subsection (1)(b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (5) The form in which a copy or extract 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) A copy or extract 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. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 39 Chief Electoral Officer to supply Returning Officer with copy or extract of final register VerDate:01/08/1999 (1) The Chief Electoral Officer must supply to the Returning Officer- (a) in the case of the first ordinary election, a copy of the part of the final register; or (b) in the case of any subsequent ordinary election, a copy or extract of the part of the final register, which relates to the constituency for which the Returning Officer is appointed. (2) A copy or extract for the purposes of this section must be supplied after the relevant notice of nominations is published. (3) A copy under subsection (1)(a)- (a) must, in an entry relating to an elector, show- (i) the identity document number of the elector; and (ii) the sex of the elector, denoted by the letter "M" for male and "F" for female; and (b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include, and the entries in the copy may be re-arranged in the format or order as the Chief Electoral Officer considers appropriate. (4) A copy or extract under subsection (1)(b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (5) The form in which a copy or extract 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. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 40 Chief Electoral Officer to carry out other duties relating to polling stations VerDate:01/08/1999 (1) The Chief Electoral Officer must provide at each polling station sufficient compartments as that Officer considers necessary to enable electors 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 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 a declaration under section 24 or 25 is 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. (3) The Chief Electoral Officer must also supply to the Presiding Officer- (a) in the case of the first ordinary election, a copy of the appropriate part of the final register; or (b) in the case of any subsequent ordinary election, a copy or extract of the appropriate part of the final register. (4) A copy under subsection (3)(a)- (a) must, in an entry relating to an elector, show- (i) the identity document number of the elector; and (ii) the sex of the elector, denoted by the letter "M" for male and "F" for female; and (b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include, and the entries in the copy may be re-arranged in the format or order as the Chief Electoral Officer considers appropriate. (5) A copy or extract under subsection (3)(b) may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (6) The form in which a copy or extract 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. (7) The Chief Electoral Officer must provide at each polling station chops bearing the mark "P", with or without other design, and other materials that are necessary to enable electors to mark the ballot papers. (8) The Chief Electoral Officer may do other acts and things as that Officer considers necessary for holding the poll effectively. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 41 Chief Electoral Officer to supply list of polling officers to assist Presiding Officer VerDate:01/08/1999 (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. (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) (DISTRICT COUNCILS) REGULATION - SECT 42 Presiding Officer to exhibit at polling station notice providing information for the guidance of electors VerDate:01/09/2007 (1) The Presiding Officer must ensure that a notice providing information for the guidance of electors 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 or a special 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 or special polling station, as the case may be, is exhibited outside the polling station concerned. (L.N. 79 of 2007) (2) A notice under subsection (1) must be in the specified form. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 43 Returning Officer to determine no canvassing zones and no staying zones VerDate:01/09/2007 "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. (2) If the polling station is to be used for only one constituency, the Returning Officer for the constituency must give notice to the candidates for that constituency. (3) 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. The Returning Officer who makes the determination must give notice to- (a) the candidates for the constituency for which that Officer is appointed; and (b) the Returning Officers for the other constituencies. (4) Notice under subsection (2) or (3) must be given at least 7 days before polling day. (5) A Returning Officer who is given notice under subsection (3) 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. (6) 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 (10), 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 (2) or (3). (7) 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. (8) If after display under subsection (7), 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. (8A) A Returning Officer may perform any act which that Officer is required or authorized to perform under subsections (6), (7) and (8) through a Presiding Officer. (L.N. 79 of 2007) (9) 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 (7) or (8), as may be applicable. (10) A notice of a variation under subsection (8) 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. (11) 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 the candidate. (12) 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. (13) On polling day, a person must not- (a) subject to subsection (14), engage in canvassing votes in a no canvassing zone; (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 votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 125 of 2003) (ca) conduct any activity for canvassing votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 125 of 2003; L.N. 79 of 2007) (cb) subject to subsection (15), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which- (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. 79 of 2007) (d) stay or loiter in the no staying zone without the express permission of the Presiding Officer. (14) A person may, on polling day, canvass 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 votes; and (b) has no polling station inside it. (L.N. 125 of 2003) (15) A person may, for the purpose of canvassing votes as described in subsection (14), display or wear any badge, emblem, clothing or head-dress referred to in subsection (13)(cb). (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 44 Presiding Officer to keep order in no canvassing zone and no staying zone VerDate:01/09/2007 (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 of votes in the no canvassing zone (except as provided in section 43(14)); (b) use a sound amplifying system or device in the no canvassing zone; (c) use a sound amplifying system or device, for canvassing votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 125 of 2003) (ca) conduct any activity for canvassing votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 125 of 2003; L.N. 79 of 2007) (cb) subject to subsection (1B), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which- (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. 79 of 2007) (d) stay or loiter in the no staying zone (except where the person has been expressly permitted to do so by the Presiding Officer). (1A) A person may, on polling day, canvass 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 votes; and (b) has no polling station inside it. (L.N. 125 of 2003) (1B) A person may, for the purpose of canvassing votes as described in subsection (1A), display or wear any badge, emblem, clothing or head-dress referred to in subsection (1)(cb). (L.N. 125 of 2003) (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 the case may be. (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 the case may be, permits him or her to do so. (L.N. 79 of 2007) (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) (DISTRICT COUNCILS) REGULATION - SECT 45 Candidates may appoint polling agents VerDate:21/07/2003 (1) A candidate may appoint persons to attend at polling stations on his or her 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 is standing for election. (3) A candidate may appoint a maximum of 2 polling agents for one polling station. (4) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as a polling agent. (5) A candidate must give notice of appointment of a polling agent to the Returning Officer at least 7 days before polling day. (L.N. 125 of 2003) (6) If notice is not given under subsection (5), 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 (b) by the election agent of the candidate, in person. (7) The appointment of a polling agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (8) 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. (9) If the appointment of a polling agent is revoked, the candidate must give notice of the revocation to the Returning Officer or the Presiding Officer in accordance with subsection (11). (10) A notice of revocation must be in writing and in the specified form. (11) If the notice of revocation is given before polling day, it must be given to the Returning 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 (6). (12) The revocation of the appointment of a polling agent is not effective until notice of revocation is received by the Returning Officer or the Presiding Officer, as the case may be. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 46 Chief Electoral Officer to delineate polling stations on a map and display map outside the polling station VerDate:01/08/1999 (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) (DISTRICT COUNCILS) REGULATION - SECT 47 Who may enter or be present at a polling station VerDate:01/09/2007 (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, 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; (b) the Returning Officer or Assistant Returning Officers for the constituency or constituencies for which the polling station is used; (c) members of the Commission; (d) the Chief Electoral Officer; (e) police officers and members of the Civil Aid Service on duty at the polling station; (L.N. 125 of 2003) (f) public officers authorized in writing by the Chief Electoral Officer; (L.N. 125 of 2003) (g) persons authorized in writing by a member of the Commission; (L.N. 125 of 2003; L.N. 79 of 2007) (h) a person authorized in writing by the Returning Officer to act as a liaison officer; or (L.N. 125 of 2003; L.N. 79 of 2007) (i) public officers on duty at the polling station. (L.N. 79 of 2007) (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, one polling agent of that candidate may be present in the polling station at any one time. (7) If a candidate is present in the polling station, the election agent or polling agent of that candidate may not be present in that polling station at the same time. (8) If the election agent of a candidate is present in the polling station, a polling agent of that candidate 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 card 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. (13) If a person who is accompanied by a child arrives at a polling station for the purpose of voting, the Presiding Officer may permit the child to enter the polling station if that Officer considers that- (a) the child should not be left unattended while the person is in the polling station; and (b) the child will not disturb or cause inconvenience to any person in the polling station. (L.N. 79 of 2007) (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. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 48 What constitutes an offence at a polling station VerDate:01/09/2007 (1) Subject to subsection (6), if on polling day, within a polling station, a person- (a) communicates with an elector; 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, Deputy Presiding Officer, Assistant Presiding Officer or any polling officer not to do so, that person commits an offence. (L.N. 125 of 2003; L.N. 79 of 2007) (2) A person who, on polling day, films or takes photographs or makes any audio or video recording within a polling station without the express permission of- (a) the Presiding Officer; (b) the Returning Officer for the constituency or constituencies for which the polling station is used; or (c) any member of the Commission, commits an offence. (3) A person who, on polling day, engages in the canvassing of votes or displays an election advertisement within a polling station commits an offence. (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 43(13) or 44(4), commits an offence. (5) A person who, on polling day, displays or wears in the no canvassing zone, without reasonable excuse (except as provided in section 43(15)), any badge, emblem, clothing or head-dress which- (a) may promote or prejudice the election of a candidate or candidates at the election; or (b) makes direct reference to- (i) a body any member of which is standing as a candidate in the election; or (ii) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election, (L.N. 79 of 2007) commits an offence. (L.N. 125 of 2003) (6) Subsection (1) does not apply to- (a) a Returning Officer and an Assistant Returning Officer for the constituency or constituencies for which the polling station is used; (L.N. 125 of 2003) (b) a member of the Commission; (c) the Chief Electoral Officer; (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 under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 79 of 2007) (8) (Repealed L.N. 125 of 2003) (9) A person who commits an offence under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 79 of 2007) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 49 Presiding Officer to keep order at the polling station VerDate:01/08/1999 (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 the case may be. (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 the case may be, 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) (DISTRICT COUNCILS) REGULATION - SECT 50 Design of ballot box VerDate:01/08/1999 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) (DISTRICT COUNCILS) REGULATION - SECT 51 Presiding Officer to seal ballot box before commencement of poll VerDate:01/08/1999 (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 officer, and must keep it locked and sealed. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 52 Form of ballot paper and order of appearance of names of candidates on ballot papers VerDate:01/09/2007 (1) A ballot paper is to be in the form prescribed in Schedule 2. (1A) The Chief Electoral Officer may modify the layout of the form of a ballot paper prescribed in Schedule 2 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. 79 of 2007) (2) 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) whether or not to have a design on the back of a ballot paper; or (d) the design to be printed on the back of a ballot paper. (3) The Commission may assign a code for each constituency. The code is to be printed on the front of a ballot paper. (4) The order in which the names of candidates appear on a ballot paper is to be determined by the Returning Officer by the drawing of lots. A number is to be allocated to each candidate according to the result of the draw. (5) 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. (6) The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section. (7) 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. 79 of 2007) (b) if the Commission so determines, the address of the candidate as shown on the notice of nominations; and (c) the number allocated to the candidate under this section. (8) In the case of death or disqualification of a candidate who has been allocated a number under this section, the name of the candidate and the information under subsection (7) 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 40(2). (9) The number 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 (8). (10) A ballot paper is to have the date and description of the election printed on the front of it. (11) 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. (12) A notice required to be given to a candidate under subsection (6) may be given to the election agent instead of the candidate. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 53 Ballot paper to be given to a person only if Presiding Officer is satisfied of the person's identity VerDate:01/08/1999 (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- (a) in the case of the first ordinary election, the omission of both the person's name and identity document number from the copy of the part of the final register supplied to the Presiding Officer; or (b) in the case of any subsequent ordinary election, the omission of both the person's name and identity document number from the final register. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 54 Questions to be asked from persons applying for a ballot paper VerDate:01/08/1999 (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 (2). (2) The questions referred to in subsection (1) are- (a) "Are you the person registered in the final register now in effect for this constituency, as follows (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?" or "你是否已登記在對本選區有效的正式選民登記冊上的人，並且有關記項一如以 下所述 (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?"; (b) "Have you already voted for this or any other constituency in this election?" or "在這次選舉中，你是否已經就本選區或任何其他選區投票?". (3) The Presiding Officer must ask the appropriate questions set out in subsection (2) if so required by a candidate, an election agent or a polling agent. (4) 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) (DISTRICT COUNCILS) REGULATION - SECT 55 A candidate or election agent or polling agent may challenge a person who has applied for a ballot paper or who has voted VerDate:03/03/2000 (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) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 56 Presiding Officer to issue only one ballot paper to an elector VerDate:01/08/1999 (1) The Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper. (2) Before issuing a ballot paper under this section, the name of the elector as stated in the copy or extract of the relevant final register supplied under section 40(3) must be called out. (3) Immediately before issuing the ballot paper, the Presiding Officer must place a line in the copy or extract of the final register across the name and identity document number of the elector to denote that the ballot paper the person is entitled to have issued to him or her at that polling station has been so issued. (4) No record is to be made of the particular ballot paper issued to an elector. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 56A Elector who has not cast vote may return to cast vote with permission VerDate:21/07/2003 (1) Subject to subsection (5), if- (a) an elector has been issued with a ballot paper; and (b) he or she has left the polling station without casting his or her vote, he or she shall not cast the vote when he or she returns to the polling station before the close of the poll unless- (c) before leaving the polling station, he or she 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 his or her 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 he or she is of the opinion that the request is a manifest abuse of the facilities provided by this section. (3) If the Presiding Officer grants the permission to an elector under subsection (2), he or she must- (a) keep in his or her 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), he or she 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 (L.N. 191 of 2003) (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 his or her 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 his or her custody the ballot paper; and (b) on the elector's return to the polling station before the close of the poll to cast the vote, re-issue the ballot paper to the elector in the presence of a police officer. (7) For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) shall be regarded as issuing a ballot paper under section 56(1). (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 57 Procedure for voting VerDate:01/08/1999 (1) When an elector is issued with a ballot paper, he or she must immediately go into a voting compartment and mark the ballot paper. After marking the ballot paper, the elector must, before leaving the voting compartment, conceal the mark on it in the appropriate manner described in subsection (2) and put the ballot paper into the ballot box. (2) An elector must fold the ballot paper so that the marked side is inside and put the folded ballot paper into the ballot box. (3) An elector must cast his or her vote without undue delay. An elector must leave the polling station as soon as he or she has put the ballot paper into the ballot box. (4) A person must not put anything other than a marked ballot paper into the ballot box. (5) Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. (6) In this section "voting compartment" (投票間) means a compartment provided under section 40(1) for the purpose of marking ballot papers. "voting compartment" (投票間) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 58 How ballot papers are to be marked VerDate:01/08/1999 (1) An elector is to mark his or her ballot paper with the chop. (2) The chop is to be affixed to give a single "P" in the circle opposite the name of the candidate of the elector's choice on the ballot paper. (3) In this section "chop" (印章) means a chop provided under section 40(7) for the purpose of marking the ballot paper. "chop" (印章) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 59 Marking of ballot papers for or by incapacitated person VerDate:01/08/1999 (1) The Presiding Officer may mark a ballot paper for an elector 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. (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 58 according to the choice of the elector. The Presiding Officer must put the ballot paper into the ballot box, in the manner described in section 57 in the presence of a polling officer, after marking it. (3) An elector 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) (DISTRICT COUNCILS) REGULATION - SECT 60 When person is to be issued with ballot paper marked "重複" and "TENDERED" VerDate:01/09/2007 (1) Subject to subsection (2) and section 56A, if a person (“the first-mentioned person”) representing himself or herself to be a particular elector applies for a ballot paper after a person has been issued with a ballot paper on the basis that he or she is that first-mentioned person, the Presiding Officer must issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “重複” and “TENDERED”. (2) The Presiding Officer may issue a ballot paper under subsection (1) only if— (a) the Presiding Officer is not certain that the first-mentioned person is the person who has been issued with a ballot paper; and (b) the first-mentioned person answers the appropriate questions set out in section 54 to the satisfaction of the Presiding Officer. (L.N. 79 of 2007) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 61 What ballot papers are to be marked "未用" and "UNUSED" by the Presiding Officer VerDate:01/08/1999 (1) Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words "未用" and "UNUSED" on any ballot paper that has been issued but has not been put into the ballot box. (2) References in this Regulation to an unused ballot paper are to be construed as references to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1). ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 62 What ballot papers are to be marked "損壞" and "SPOILT" by the Presiding Officer VerDate:01/08/1999 (1) If an elector inadvertently deals with the ballot paper issued to him or her in such a manner that it cannot be properly used as a ballot paper or makes an error in marking a ballot paper, he or she may apply to the Presiding Officer for another ballot paper. (2) The Presiding Officer may issue another ballot paper to a person referred to in subsection (1) if that person gives back the ballot paper already issued to him or her to the Presiding Officer and establishes to the satisfaction of the Presiding Officer the inadvertence or the fact that he or she made an error. (3) The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it with the words "損壞" and "SPOILT". ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 63 Steps to be taken at the close of the poll: a polling station which is not a small polling station or a special polling station VerDate:01/09/2007 Steps to be taken at the close of the poll: a polling station which is not a small polling station or a special polling station (L.N. 191 of 2003) (1) As soon as practicable after the close of the poll at a polling station (other than a small polling station or a special polling station) which is also designated as a counting station, the Presiding Officer must display a notice in a prominent place outside the polling station stating that the poll has been closed and that it will be opened when it is ready for use for the counting of votes. (L.N. 125 of 2003 and L.N. 191 of 2003) (1A) A candidate, and an election agent, a counting agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for the preparation for the counting of votes. (L.N. 125 of 2003; L.N. 79 of 2007) (2) After complying with subsection (1), the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps- (a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them; (b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered; (c) use a padlock to keep the device secured in position; (d) seal each ballot box; and (e) make up into separate sealed packets- (i) ballot papers which have not been issued; (ii) the unused ballot papers; (iii) the spoilt ballot papers; and (iv) the marked copies of the final register. (L.N. 125 of 2003) (2A) The Presiding Officer must, after complying with subsection (2), keep the sealed ballot box or boxes under that Officer's control until the counting of votes begins. (L.N. 125 of 2003) (3) At a polling station used for polling for more than one constituency, the Presiding Officer must make separate sealed packets for each constituency. (4) For the avoidance of doubt it is stated that the ballot papers in a sealed packet prepared under this section are not to be counted for the purpose of counting of the votes. Accordingly, references to ballot papers in relation to the counting of the votes are to be construed as not including those ballot papers. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 63A Steps to be taken at the close of the poll: a small polling station or a special polling station VerDate:01/09/2007 (1) As soon as practicable after the close of the poll at a small polling station or a special polling station, the Presiding Officer of that polling station must, in the presence of the persons, if any, who are present within the polling station, take the following steps- (a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them; (b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered; (c) use a padlock to keep the device secured in position; (d) seal each ballot box; and (e) make up into separate sealed packets- (i) ballot papers which have not been issued; (ii) the unused ballot papers; (iii) the spoilt ballot papers; and (iv) the marked copies of the final register. (2) A candidate and an election agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for taking the steps referred to in subsection (1)(a), (b), (c), (d) and (e). (3) The Presiding Officer of the small polling station or special polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to the Presiding Officer of the main counting station. (L.N. 79 of 2007) (L.N. 125 of 2003 and L.N. 191 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 64 Presiding Officer to prepare a ballot paper account for each packet of sealed ballot papers VerDate:21/07/2003 (1) The Presiding Officer must prepare a statement which complies with subsection (2) for each packet prepared under section 63 or 63A, as the case may be, for a constituency. (L.N. 125 of 2003 and L.N. 191 of 2003) (2) The statement under subsection (1) must be in the specified form and show the number of ballot papers for the constituency supplied to the Presiding Officer under section 40(2) and account for those ballot papers under the following heads- (a) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or boxes; (b) the number of un-issued ballot papers; (c) the number of unused ballot papers; and (d) the number of spoilt ballot papers. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 65 Returning Officer and Presiding Officer to give notice of place and time of the counting of votes to candidates VerDate:21/07/2003 PART IV COUNTING OF THE VOTES: ORDINARY ELECTION AND BY-ELECTIONS Returning Officer and Presiding Officer to give notice of place and time of the counting of votes to candidates (L.N. 191 of 2003) (1) Subject to subsection (6), the Presiding Officer is to determine the time at which the counting of votes is to begin. (L.N. 125 of 2003) (2) The time determined under subsection (1) must be a time after the poll has closed at all the polling stations at which polling for the constituency concerned was conducted. (3) The Returning Officer must give notice in writing to each candidate of the place or places at which counting is to take place for the constituency contested by the candidate. (L.N. 125 of 2003 and L.N. 191 of 2003) (4) Notice under subsection (3) must be given at least 1 working day before polling day. (L.N. 125 of 2003 and L.N. 191 of 2003) (5) If a poll for a constituency is adjourned under Schedule 1, the counting of the votes for that constituency is to stand postponed. (6) If the counting of the votes stands postponed under subsection (5), the Chief Electoral Officer is to determine a time for the counting to begin and the place or places for it to take place. The time must be after the adjourned poll is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate of the constituency concerned of the time and place. (7) A notice required to be given under this section may be given to the election agent or counting agent of a candidate instead of the candidate. (L.N. 125 of 2003 and L.N. 191 of 2003) (8) The Presiding Officer must, before the counting of votes begins, display a notice in a prominent place outside the counting station stating the time that the counting station will be opened to the public to observe the counting of votes. (L.N. 125 of 2003) (9) In this section, "Presiding Officer" (投票站主任) does not include a Presiding Officer of a small polling station which is not designated as a main counting station or a special polling station which is not so designated. (L.N. 125 of 2003 and L.N. 191 of 2003) "Presiding Officer" (投票站主任) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 66 Candidates may appoint counting agents VerDate:01/09/2007 (1) A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the constituency contested by the candidate, in accordance with this section. (2) The maximum number of counting agents that a candidate may appoint for one counting station is 2. (L.N. 125 of 2003) (3) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as a counting agent. (4) A candidate must give notice of appointment of a counting agent to the Returning Officer at least 7 days before polling day. (L.N. 125 of 2003) (5) If notice is not given under subsection (4), it must be delivered on polling day to the Presiding Officer- (L.N. 125 of 2003) (a) by the candidate in person; or (b) by the election agent of the candidate, in person. (6) 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 counting agent. It must be signed by the candidate. (7) The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 125 of 2003) (8) Subject to subsection (10), if the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer. (L.N. 79 of 2007) (9) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate. (10) If notice of revocation is given on polling day, it must be given to the Presiding Officer in accordance with subsection (5). (L.N. 79 of 2007) (11) The revocation of the appointment of a counting agent is not effective until notice of revocation is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 67 Chief Electoral Officer to appoint or remove counting officers VerDate:01/09/2007 Chief Electoral Officer to appoint or remove counting officers (L.N. 79 of 2007) (1) The Chief Electoral Officer may appoint persons that Officer considers suitable, as counting officers, to assist a Presiding Officer in counting the votes. (2) The Chief Electoral Officer must supply to the Presiding Officer a list of the counting officers appointed to assist the Presiding Officer. (3) The Chief Electoral Officer must display the list of counting officers in a prominent place within the relevant counting station or stations. (4) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any counting officer. (L.N. 79 of 2007) (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 68 Who may be present at the counting of votes VerDate:21/07/2003 (1) Subject to subsections (2) and (5), only the Returning Officer, Assistant Returning Officers, Presiding Officer, Deputy Presiding Officer and Assistant Presiding Officers and the following persons may be present at the counting of the votes- (L.N. 125 of 2003) (a) counting officers; (b) candidates; (c) election agents and counting agents; (d) members of the Commission; (e) the Chief Electoral Officer; (f) police officers on duty at the counting station; (g) members of the Civil Aid Service on duty at the counting station; (h) public officers authorized in writing by the Chief Electoral Officer; or (i) persons authorized in writing by a member of the Commission. (2) No other person may be present except with the permission of the Returning Officer or the Presiding Officer. (3) The Presiding Officer is to ensure that the arrangements for the counting of the votes are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. (4) Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of the votes at the counting zone or zones. On arriving at the counting station, an election agent or counting agent must report in person to the Presiding Officer and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her. (5) The Presiding Officer may, if that Officer considers it appropriate and practicable to do so without prejudicing the secrecy of the individual votes and considers that it will not cause disorder or disturbance in the counting station, permit members of the public to observe the counting of the votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate. (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 69 What constitutes an offence at a counting station VerDate:21/07/2003 (1) A person who films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of- (a) the relevant Returning Officer or Presiding Officer; or (L.N. 125 of 2003) (b) any member of the Commission, commits an offence. (2) A person who fails to comply with a lawful order given by the Presiding Officer at or in the vicinity of a counting station or behaves in a disorderly manner there commits an offence. (L.N. 125 of 2003) (3) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 3 months. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 70 Presiding Officer to keep order at the counting station VerDate:21/07/2003 (1) The Presiding Officer must keep order at the counting station. (2) If, at or in the vicinity of a counting station, a person- (a) misconducts himself or herself, the Presiding Officer may; or (b) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the counting station or the vicinity of the counting 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 Presiding Officer. (4) A person who is removed under subsection (3) may not enter the relevant counting station again on that day, unless the Officer who ordered his or her removal permits him or her to do so. (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 71 (Repealed L.N. 125 of 2003) VerDate:21/07/2003 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 72 Arrangements for the supervision of counting stations and counting zones VerDate:21/07/2003 (1) (Repealed L.N. 125 of 2003) (2) The Presiding Officer is to supervise the counting station and the counting zone. (L.N. 125 of 2003) (3) The Presiding Officer may have one Deputy Presiding Officer and one or more Assistant Presiding Officers to assist him or her. (L.N. 125 of 2003) (4) In this section, "Presiding Officer" (投票站主任) does not include a Presiding Officer of a small polling station which is not designated as a main counting station or a special polling station which is not so designated. (L.N. 125 of 2003 and L.N. 191 of 2003) "Presiding Officer" (投票站主任) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 73 (Repealed L.N. 125 of 2003) VerDate:21/07/2003 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 74 Presiding Officer to open ballot box VerDate:21/07/2003 (1) A Presiding Officer other than a Presiding Officer of a small polling station which is not designated as a main counting station or a special polling station which is not so designated must open a ballot box in that Officer's charge by breaking the seal. The Presiding Officer must do so in the presence of the candidates, their election agents or counting agents, if present at the counting zone. (L.N. 125 of 2003 and L.N. 191 of 2003) (2) The Presiding Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper, other than a ballot paper, taken from the ballot box, if so requested by the candidate or agent, before that paper is disposed of. A candidate or an election agent or a counting agent must not be permitted under this subsection to inspect a ballot paper. (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 75 Presiding Officer to verify ballot paper account VerDate:21/07/2003 (1) A Presiding Officer other than a Presiding Officer of a main counting station in charge of a counting zone must- (L.N. 125 of 2003 and L.N. 191 of 2003) (a) (Repealed L.N. 125 of 2003) (b) after counting the votes in accordance with section 76, verify the number of ballot papers so counted by comparing it with the ballot paper account prepared under section 64 and prepare a statement in writing as to the result of the verification. (L.N. 125 of 2003) (1A) A Presiding Officer in charge of a counting zone of a main counting station must- (a) count and record the number of ballot papers in each ballot box under his or her charge; and (b) verify the ballot paper account by comparing it with the number of ballot papers recorded under paragraph (a) and prepare a statement in writing as to the result of the verification. (L.N. 125 of 2003 and L.N. 191 of 2003) (2) If a Presiding Officer considers it necessary or if required by a candidate who is present at the counting zone or an election agent or counting agent so present, that Officer must, in preparing the verification of the ballot paper account, compare the ballot paper account with the ballot papers recorded by that Officer and the spoilt ballot papers, the unused ballot papers and the counterfoils or un-issued ballot papers. (L.N. 125 of 2003) (3) A candidate or an election agent or a counting agent may copy what is recorded on the ballot paper account or the verification of the ballot paper account. ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 76 Counting of votes VerDate:21/07/2003 (1) At the counting zone for each counting station, the ballot papers for that counting station must be dealt with by the Presiding Officer as provided in this section. (L.N. 125 of 2003) (2) The Presiding Officer of a main counting station must mix the ballot papers of the polling station designated as the main counting station together with the ballot papers that have been delivered from one or more small polling stations or special polling stations to the main counting station before counting the votes at the main counting station. (L.N. 125 of 2003 and L.N. 191 of 2003) (3) Ballot papers are to be sorted with reference to the candidate for which the vote has been recorded. (4) The votes recorded on the ballot papers are to be counted according to the system of counting described in section 41 of the District Councils Ordinance (Cap 547). (5) In the course of counting in accordance with subsection (4)- (a) any ballot paper- (i) which appears to have any writing or mark by which the elector can possibly be identified; (ii) which appears to be not marked in accordance with section 58(2); (iii) which appears to be substantially mutilated; or (iv) which appears to be void for uncertainty, is questionable and shall be separated and forwarded to the Presiding Officer to decide whether the vote should be counted in accordance with section 79; and (b) any ballot paper described in section 78(1)(b), (c), (d), (f), (g) and (i) shall be separated and shall not be counted pursuant to section 78. (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 77 (Repealed L.N. 125 of 2003) VerDate:21/07/2003 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 78 Votes recorded on invalid ballot papers not to be counted VerDate:01/09/2007 Votes recorded on invalid ballot papers not to be counted (L.N. 79 of 2007) (1) When counting the votes, a ballot paper of any of the following descriptions is not to be regarded as valid and the vote recorded on the ballot paper is not to be counted- (L.N. 79 of 2007) (a) on which there is writing or a mark by which the elector can possibly be identified; (L.N. 79 of 2007) (b) which has the words "重複" and "TENDERED" endorsed on the front of it; (c) which has the words "損壞" and "SPOILT" endorsed on the front of it; (d) which has the words "未用" and "UNUSED" endorsed on the front of it; (L.N. 79 of 2007) (e) which is substantially mutilated; (f) which is unmarked; (g) a ballot paper which is not marked in accordance with section 58(1); (L.N. 125 of 2003) (h) which the Presiding Officer determines as being void for uncertainty; and (L.N. 79 of 2007) (i) which contains votes for more than 1 candidate. (L.N. 125 of 2003) (2) A candidate, an election agent or a counting agent- (a) may inspect a ballot paper referred to in subsection (1)(b), (c), (d), (f), (g) or (i); but (b) is not entitled to make representations to the Presiding Officer concerning the ballot paper. (L.N. 79 of 2007) (3) For the avoidance of doubt it is stated that the Presiding Officer is not to make a decision not to count a ballot paper solely for the reason that the ballot paper is stamped with the words "已故" and "DECEASED" or "喪失資格" and "DISQUALIFIED", as the case may be, in accordance with section 40(2). (L.N. 125 of 2003) ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 79 Presiding Officer to make decisions on questionable ballot papers VerDate:01/09/2007 (1) If a ballot paper is forwarded to the Presiding Officer under section 76(5)(a), a candidate, an election agent or a counting agent, if present at the counting zone, may— (L.N. 79 of 2007) (a) inspect the ballot paper; and (b) make representations to the Presiding Officer concerning the ballot paper. (L.N. 125 of 2003; L.N. 79 of 2007) (2) After considering the representations (if any) made under subsection (1), the Presiding Officer shall determine whether the ballot paper— (a) is valid and the vote shall be counted; or (b) shall not be counted pursuant to section 78 for— (i) having on it any writing or mark by which, in that Officer's opinion, the elector can possibly be identified; (ii) subject to subsection (3), being a ballot paper not marked in accordance with section 58(2); (iii) being a ballot paper which is substantially mutilated; or (iv) being void for uncertainty. (L.N. 125 of 2003) (3) In the case of a ballot paper which is not marked in accordance with section 58(2), if the Presiding Officer is satisfied that the intention of the elector is clear notwithstanding the deviation from the requirement in section 58(2), the Presiding Officer may count that ballot paper. (L.N. 125 of 2003) (4) If the Presiding Officer decides a questionable ballot paper is not to be counted, that Officer must endorse the words "不獲接納" and "rejected" on the front of it. If a candidate, an election agent or a counting agent objects to the Presiding Officer's decision, that Officer must also add the words "反對此選票不獲接納" and "rejection objected to". (L.N. 79 of 2007) (5) If a candidate, an election agent or a counting agent objects to the decision of the Presiding Officer to count a questionable ballot paper, that Officer must endorse the words "反對此選票獲接納" and "acceptance objected to" on that ballot paper. (L.N. 79 of 2007) (6) The Presiding Officer is to prepare a statement of the ballot papers referred to in section 78(1) which are not to be counted. The statement is to be under the following heads— (L.N. 125 of 2003) (a) writing or mark by which the elector can possibly be identified; (b) endorsed with the words "重複" and "TENDERED"; (c) endorsed with the words "損壞" and "SPOILT"; (d) endorsed with the words "未用" and "UNUSED";