ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - CHAPTER 541L ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - LONG TITLE Empowering section VerDate:01/06/2003 (Cap 541, section 7) [1 June 2003] (L.N. 82 of 2003) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 1 (Omitted as spent) VerDate:01/06/2003 PART 1 PRELIMINARY (Omitted as spent) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 2 Interpretation VerDate:01/06/2003 (1) In this Regulation, unless the context otherwise requires- "adjournment" (押後), in relation to a poll or the counting of the votes in respect of a poll, means an adjournment under section 72(2) or 73, and "adjourned" (押後) shall be construed accordingly; "Assistant Presiding Officer" (助理投票站主任) means a polling officer designated as an Assistant Presiding Officer under section 31(2); "Assistant Returning Officer" (助理選舉主任) has the meaning assigned to it by section 2(1) of the Election Ordinance; "ballot paper account" (選票結算表) means a statement prepared under section 54; "candidate" (候選人) has, subject to subsection (2), the meaning assigned to it by section 2(1) of the Election Ordinance; "candidate number" (候選人編號) means the number allocated to a validly nominated candidate under section 42(1); "close of nominations" (提名期結束) means the end of the nomination period; "Composite Indigenous Village" (共有代表鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance; "counting agent" (監察點票代理人) means a counting agent appointed under section 56; "counting station" (點票站) means a counting station designated under section 28; "counting zone" (點票區) means an area set apart as a counting zone under section 58(1); "Deputy Presiding Officer" (副投票站主任) means a polling officer designated as the Deputy Presiding Officer under section 31(2); "election" (選舉) has the meaning assigned to it by section 2(1) of the Election Ordinance; "election advertisement" (選舉廣告) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); "election agent" (選舉代理人) means an election agent appointed under section 22; "election expense agent" (選舉開支代理人) means an election expense agent appointed under section 23; "election expenses" (選舉開支) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); "Election Ordinance" (《選舉條例》) means the Village Representative Election Ordinance (Cap 576); "elector" (選民) has the meaning assigned to it by section 2(1) of the Election Ordinance; "electoral officer" (選舉事務主任) has the meaning assigned to it by section 2(1) of the Election Ordinance and includes a Presiding Officer, a polling officer and a counting officer; "Electoral Registration Officer" (選舉登記主任) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Existing Village" (現有鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance; "final register" (正式選民登記冊) has the meaning assigned to it by section 2(1) of the Election Ordinance; "identity card" (身分證) has the meaning assigned to it by section 2(1) of the Election Ordinance; "identity document" (身分證明文件) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Indigenous Inhabitant Representative" (原居民代表) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Indigenous Village" (原居鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance; "no canvassing zone" (禁止拉票區) means an area determined to be a no canvassing zone under section 34; "no staying zone" (禁止逗留區) means an area determined to be a no staying zone under section 34; "nomination period" (提名期) means the period determined under section 5; "ordinary business hours" (通常辦公時間) means- (a) the hours between 9 a.m. and 12 noon on a Saturday; and (b) the hours between 9 a.m. and 5 p.m. on any other day, other than a general holiday; "political body" (政治性團體) has the meaning assigned to it by section 2(1) of the Societies Ordinance (Cap 151); "poll" (投票) means a poll taken under section 31 of the Election Ordinance; "polling agent" (監察投票代理人) means a polling agent appointed under section 36; "polling day" (投票日), in relation to- (a) a village ordinary election, means the date specified under section 20(3)(a) of the Election Ordinance; or (b) a village by-election, means the date referred to in section 6(c); "polling hours" (投票時間) means the hours for polling appointed under section 27 or 77(1) or (2); "polling officer" (投票站人員), in relation to a polling station, means a polling officer appointed under section 31(1) for that polling station; "polling station" (投票站) means a polling station designated under section 28; "postponement" (延遲), in relation to a poll or the counting of the votes in respect of a poll, means a postponement under section 72(1), and "postponed" (延遲) shall be construed accordingly; "Presiding Officer" (投票站主任), in relation to a polling station, the no canvassing zone or the no staying zone in relation to a polling station, or anything done or to be done in a polling station or zone, means the Presiding Officer appointed under section 31(1) for that polling station; "principal residential address" (主要住址) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Resident Representative" (居民代表) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Returning Officer" (選舉主任) has, subject to subsection (3), the meaning assigned to it by section 2(1) of the Election Ordinance; "specified form" (指明格式) means, in a particular provision of this Regulation, the form specified under section 84 for the purposes of that provision; "spoilt ballot paper" (損壞的選票) means a ballot paper endorsed in the manner described in section 52(3); "unused ballot paper" (未用的選票) means a ballot paper that has been issued but not put into a ballot box, whether or not it has been endorsed in the manner described in section 51; "verification statement" (核實報表) means a statement prepared under section 64(1)(d); "Village" (鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance; "village by-election" (鄉村補選) has the meaning assigned to it by section 2(1) of the Election Ordinance; "village by-election notice" (鄉村補選公告) means a notice published under section 6; "village election notice" (鄉村選舉公告) means a notice published under section 4; "village ordinary election" (鄉村一般選舉) has the meaning assigned to it by section 2(1) of the Election Ordinance; "Village Representative" (村代表) has the meaning assigned to it by section 2(1) of the Election Ordinance. (2) In this Regulation- (a) in sections 20(8), 79, 80 and 82 and Parts 4 (except section 32), 5, 6 and 7, a reference to a candidate shall be construed as a reference to a validly nominated candidate standing for an election; (b) in sections 9(1), 22 and 32, a reference to a candidate includes a reference to a person who is being or has been nominated to stand for an election; (c) in sections 23, 26 and 88, a reference to a candidate includes a reference to a person who has publicly declared an intention to stand for an election at any time before the close of nominations; and (d) in section 24, a reference to a candidate includes a reference to a person referred to in paragraph (b) or (c). (3) In this Regulation- (a) subject to paragraphs (b) and (c), a reference to the Returning Officer shall be construed, in relation to a Village or anything done or to be done in respect of an election for a Village, as a reference to the Returning Officer appointed for that Village; (b) in sections 33(1), 35(1), (5) and (6), 37(9), 38(1), (2), (3)(j), (4), (7) and (8) and 82(1)(e), a reference to the Returning Officer shall be construed, in relation to a polling station used for polling for more than one Village, the no canvassing zone or the no staying zone in relation to such a polling station, or anything done or to be done in such a polling station or zone, as a reference to any of the Returning Officers appointed for those Villages; and (c) in sections 57, 58(1), (4), (5) and (6) and 59(1), (2), (3) and (4), a reference to the Returning Officer shall be construed, in relation to a counting station for counting the votes for more than one Village, a counting zone in such a counting station, or anything done or to be done in such a counting station or zone, as a reference to any of the Returning Officers appointed for those Villages. (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 shall 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 Village for which the candidate is standing for election or for which the agent is appointed, as the case may be. "adjournment" (押後) "adjourned" (押後) "Assistant Presiding Officer" (助理投票站主任) "Assistant Returning Officer" (助理選舉主任) "ballot paper account" (選票結算表) "candidate" (候選人) "candidate number" (候選人編號) "close of nominations" (提名期結束) "Composite Indigenous Village" (共有代表鄉村) "counting agent" (監察點票代理人) "counting station" (點票站) "counting zone" (點票區) "Deputy Presiding Officer" (副投票站主任) "election" (選舉) "election advertisement" (選舉廣告) "election agent" (選舉代理人) "election expense agent" (選舉開支代理人) "election expenses" (選舉開支) "Election Ordinance" (《選舉條例》) "elector" (選民) "electoral officer" (選舉事務主任) "Electoral Registration Officer" (選舉登記主任) "Existing Village" (現有鄉村) "final register" (正式選民登記冊) "identity card" (身分證) "identity document" (身分證明文件) "Indigenous Inhabitant Representative" (原居民代表) "Indigenous Village" (原居鄉村) "no canvassing zone" (禁止拉票區) "no staying zone" (禁止逗留區) "nomination period" (提名期) "ordinary business hours" (通常辦公時間) "political body" (政治性團體) "poll" (投票) "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) "postponement" (延遲) "postponed" (延遲) "Presiding Officer" (投票站主任) "principal residential address" (主要住址) "Resident Representative" (居民代表) "Returning Officer" (選舉主任) "specified form" (指明格式) "spoilt ballot paper" (損壞的選票) "unused ballot paper" (未用的選票) "verification statement" (核實報表) "Village" (鄉村) "village by-election" (鄉村補選) "village by-election notice" (鄉村補選公告) "village election notice" (鄉村選舉公告) "village ordinary election" (鄉村一般選舉) "Village Representative" (村代表) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 3 Application VerDate:01/06/2003 (1) Except where otherwise stated, this Regulation applies to a village ordinary election and a village by-election. (2) Parts 4, 5 and 6 are to be read, in their application to a village by-election, subject to necessary modifications. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 4 Director of Home Affairs to publish village election notice VerDate:01/06/2003 PART 2 NOMINATION OF CANDIDATES AND OTHER STAGES OF AN ELECTION BEFORE THE POLL (1) As soon as practicable after a notice is given under section 20(3)(b) of the Election Ordinance, the Director of Home Affairs shall publish in the Gazette a notice which states- (a) the name of the Village for which the village ordinary election is to be held; (b) the number of Village Representatives (specifying whether they are Resident Representatives or Indigenous Inhabitant Representatives) to be returned for the Village at the village ordinary election; (c) the nomination period determined under section 5 within which nomination forms for the village ordinary election are to be delivered to the Returning Officer; (d) the address of the office of the Returning Officer at which nomination forms must be delivered; (e) that nomination forms must be delivered during ordinary business hours; (f) that a poll will be held on the polling day if the number of validly nominated candidates for the Village exceeds the number of Village Representatives to be returned for that Village at the village ordinary election; and (g) any other information that the Director of Home Affairs considers appropriate. (2) For the purposes of subsection (1), one notice may be published for more than one Village. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 5 Director of Home Affairs to determine nomination period VerDate:01/06/2003 (1) Subject to subsections (2) and (3), the nomination period shall be determined by the Director of Home Affairs. (2) The nomination period- (a) for a village ordinary election shall not begin earlier than the day on which the village election notice is published in the Gazette; or (b) for a village by-election shall not begin earlier than the day on which the village by-election notice is published in the Gazette. (3) The nomination period- (a) shall not be less than 7 days; and (b) shall end not less than 12 days before the polling day. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 6 Director of Home Affairs to publish village by-election notice if a village by-election is to be held VerDate:01/06/2003 Subject to section 21(2) and (3) of the Election Ordinance, as soon as practicable after a declaration referred to in section 21(1)(a), (b), (c) or (d) of that Ordinance is made, in order to hold a village by-election for the purposes of section 21(1) of that Ordinance, the Director of Home Affairs shall publish in the Gazette a notice which states- (a) the name of the Village for which the village by-election is to be held; (b) the number of Village Representatives (specifying whether they are Resident Representatives or Indigenous Inhabitant Representatives) to be returned for the Village at the village by-election; (c) the date for holding the village by-election; (d) the nomination period determined under section 5 within which nomination forms for the village by-election are to be delivered to the Returning Officer; (e) the address of the office of the Returning Officer at which nomination forms must be delivered; (f) that nomination forms must be delivered during ordinary business hours; (g) that a poll will be held on the polling day if the number of validly nominated candidates for the Village exceeds the number of Village Representatives to be returned for that Village at the village by-election; and (h) any other information that the Director of Home Affairs considers appropriate. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 7 How to nominate a candidate VerDate:01/06/2003 (1) A nomination form nominating a person as a candidate shall- (a) be in the specified form; (b) contain a declaration by the person that he- (i) is eligible to be; (ii) is not disqualified from being; and (iii) consents to be, so nominated; (c) contain the name as shown on the identity document, the identity document number and the principal residential address of the person; (d) contain the name as shown on the identity document, the identity document number and the address of each subscriber to the nomination form; (e) be signed by- (i) the person; (ii) a holder of an identity document, who has attained the age of 18 years, as the witness to the signature of the person; and (iii) each subscriber to the nomination form; and (f) be delivered- (i) by the person in person or in any other manner authorized by the Returning Officer; (ii) at the address stated in the relevant village election notice or village by-election notice, as the case may be; (iii) during ordinary business hours; and (iv) together with the declaration referred to in section 24 of the Election Ordinance. (2) A nomination form nominating a person as a candidate may include a name of the person which is different from that shown on his identity document if the Returning Officer is satisfied that the person is usually known by that name. (3) The Returning Officer may require a person who is nominated as a candidate to furnish such information which is not covered by the nomination form as that Officer considers necessary in order to be satisfied- (a) that the person is eligible to be nominated; or (b) as to the validity of the nomination. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 8 Returning Officer may assist in preparation of nomination forms VerDate:01/06/2003 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 PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 9 Returning Officer may give opportunity to rectify a nomination form VerDate:01/06/2003 (1) If the Returning Officer- (a) detects on the nomination form of a candidate an error or omission or anything which may affect the validity of the nomination form; and (b) considers that it can be rectified within the nomination period, that Officer may, before making a decision under section 27 of the Election Ordinance, give the candidate a reasonable opportunity to rectify it. (2) A nomination form cannot be rectified under this section after the close of nominations. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 10 Returning Officer to decide whether candidates are validly nominated VerDate:01/06/2003 (1) The Returning Officer shall, as soon as practicable after receiving the nomination form of a candidate, decide under section 27 of the Election Ordinance whether the candidate is validly nominated. (2) If sections 22, 23, 24 and 25 of the Election Ordinance 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 candidature. (3) Without prejudice to sections 22, 23, 24 and 25 of the Election Ordinance, the Returning Officer may decide that a nomination form is invalid if and only if- (a) the nomination form has not been signed by at least 5 subscribers qualified to subscribe to the nomination form under section 25 of the Election Ordinance; (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 Election Ordinance; (d) (in the case that the nomination form relates to a particular Village) the candidate has been currently nominated for another Village, and the Returning Officer is satisfied that the other candidature has not been withdrawn or decided to be invalid; or (e) the Returning Officer is satisfied that the candidate is dead. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 11 Returning Officer to endorse invalid nomination forms VerDate:01/06/2003 If the Returning Officer decides that a nomination form or the nomination of a candidate is invalid, he shall- (a) endorse on the nomination form the decision and the reason for it; and (b) sign the endorsement. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 12 Returning Officer to notify decision on validity of nomination VerDate:01/06/2003 (1) The Returning Officer shall, as soon as practicable after deciding that a person is validly nominated as a candidate or is not so nominated, send a written notice of the decision to the person and to each validly nominated candidate for election for the Village concerned. (2) A notice under subsection (1) shall be sent to the principal residential address of the person concerned contained in the nomination form. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 13 Nomination forms to be available for inspection VerDate:01/06/2003 A copy of each of the nomination forms received by the Returning Officer shall be made available for inspection by the public- (a) free of charge; (b) at an office of the Returning Officer specified by him; and (c) during ordinary business hours, until the result of election is published under section 36 of the Election Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 14 Withdrawal of candidature VerDate:01/06/2003 (1) A withdrawal of candidature under section 26 of the Election Ordinance is effected by delivering a notice of withdrawal to the Returning Officer before the close of nominations. (2) A notice of withdrawal shall- (a) be in the specified form; (b) bear the signature of the candidate, which shall be attested by a witness, and bear the witness' signature; and (c) be delivered- (i) by the candidate in person or his election agent in person; (ii) at an office of the Returning Officer specified by him; and (iii) during ordinary business hours. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 15 Returning Officer to publish a notice of particulars of validly nominated candidates VerDate:01/06/2003 (1) A notice under section 27(2) of the Election Ordinance shall- (a) be in the specified form; (b) be published in the Gazette by the Returning Officer within 14 days after the close of nominations; and (c) state the name, the principal residential address and the candidate number of each validly nominated candidate for election for the Village concerned. (2) For the purposes of subsection (1), one notice may be published for more than one Village. (3) If one notice is to be published for more than one Village under this section, the notice shall be published by the Returning Officers for those Villages. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 16 Returning Officer to declare candidate to be duly elected in uncontested election VerDate:01/06/2003 (1) A declaration under section 29(1) of the Election Ordinance shall be made by the Returning Officer in the notice published for the Village concerned in accordance with section 15 or in a separate notice. (2) A separate notice under subsection (1) shall- (a) be in the specified form; (b) be published in the Gazette within 14 days after the close of nominations; and (c) state the name and the principal residential address of the candidate declared to be duly elected as a Resident Representative or an Indigenous Inhabitant Representative, as the case may be, for the Village. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 17 Returning Officer to notify and declare if a validly nominated candidate is known before date of election to have died VerDate:01/06/2003 (1) notice under section 28(1) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the death of a validly nominated candidate comes to the knowledge of that Officer, to- (a) the Director of Home Affairs; and (b) if practicable, each candidate who remains validly nominated for election for the Village concerned. (2) The Returning Officer- (a) shall- (i) endorse on the nomination form of the deceased candidate that the candidate has died; and (ii) sign the endorsement; and (b) may on the polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place immediately outside each polling station used for polling for the Village. (3) Declarations under section 28(2) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the death of the candidate comes to the knowledge of that Officer- (a) by notice published in the Gazette; (b) by notice published in any daily newspaper in circulation in Hong Kong; (c) by a public announcement made by radio or television; or (d) by such other means as that Officer considers appropriate in the circumstances. (4) A notice under subsection (2)(b) or (3)(a) or (b) shall state- (a) the name and the principal residential address of the deceased candidate; (b) whether the deceased candidate was nominated for election as a Resident Representative for an Existing Village, or as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village, as the case may be, and the name of the Village; and (c) the name and the principal residential address of each candidate who remains validly nominated for election for the Village. (5) A public announcement under subsection (3)(c) shall state- (a) the name of the deceased candidate; (b) whether the deceased candidate was nominated for election as a Resident Representative for an Existing Village, or as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village, as the case may be, and the name of the Village; and (c) the name of each candidate who remains validly nominated for election for the Village. (6) If, before the death of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Village Representative for the Village- (a) subsections (1), (2), (3), (4) and (5) and section 19 do not apply; and (b) a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 18 Returning Officer to notify and declare if a validly nominated candidate is known before date of election to be disqualified VerDate:01/06/2003 (1) A notice under section 28(4) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the disqualification of a validly nominated candidate comes to the knowledge of that Officer, to- (a) the Director of Home Affairs; and (b) if practicable, each candidate who remains validly nominated for election for the Village concerned. (2) The Returning Officer- (a) shall- (i) endorse on the nomination form of the disqualified candidate that that Officer's decision made under section 27(1) of the Election Ordinance in relation to that candidate is varied and the reason for it; and (ii) sign the endorsement; and (b) may on the polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place immediately outside each polling station used for polling for the Village. (3) Declarations under section 28(5) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the disqualification of the candidate comes to the knowledge of that Officer- (a) by notice published in the Gazette; (b) by notice published in any daily newspaper in circulation in Hong Kong; (c) by a public announcement made by radio or television; or (d) by such other means as that Officer considers appropriate in the circumstances. (4) A notice under subsection (2)(b) or (3)(a) or (b) shall state- (a) the name and the principal residential address of the disqualified candidate; (b) whether the disqualified candidate was nominated for election as a Resident Representative for an Existing Village, or as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village, as the case may be, and the name of the Village; (c) that the decision of the Returning Officer made under section 27(1) of the Election Ordinance has been varied to the effect that the candidate is not validly nominated; and (d) the name and the principal residential address of each candidate who remains validly nominated for election for the Village. (5) A public announcement under subsection (3)(c) shall state- (a) the name of the disqualified candidate; (b) whether the disqualified candidate was nominated for election as a Resident Representative for an Existing Village, or as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village, as the case may be, and the name of the Village; and (c) the name of each candidate who remains validly nominated for election for the Village. (6) If, before the disqualification of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Village Representative for the Village- (a) subsections (1), (2), (3), (4) and (5) and section 19 do not apply; and (b) a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 19 Returning Officer to declare no poll under certain circumstances upon death or disqualification of validly nominated candidate known before date of election VerDate:01/06/2003 (1) If, after the death referred to in section 17(1) or the disqualification referred to in section 18(1)- (a) the number of candidates remaining validly nominated for election for the Village concerned is equal to the number of Village Representatives to be returned for the Village at the election; (b) no candidate remains validly nominated for election for the Village concerned; or (c) the number of candidates remaining validly nominated for election for the Village concerned is less than the number of Village Representatives to be returned for the Village at the election, the Returning Officer shall, by such means as referred to in section 17(3) or 18(3), as the case may be, declare that no poll is to be held for the Village. (2) The Returning Officer shall in the notice under section 17(3)(a) or 18(3)(a), as the case may be, or in a separate notice- (a) (in the case referred to in subsection (1)(a)) declare, for the purposes of section 29(1) of the Election Ordinance, the remaining candidate or candidates as being duly elected as a Village Representative or Village Representatives for the Village; (b) (in the case referred to in subsection (1)(b)) declare, for the purposes of section 29(2) of the Election Ordinance, the election to have failed; or (c) (in the case referred to in subsection (1)(c)) declare- (i) for the purposes of section 29(1) of the Election Ordinance, the remaining candidate or candidates as being duly elected as a Village Representative or Village Representatives for the Village; and (ii) for the purposes of section 29(2) of that Ordinance, the election to have failed to the extent that the number of candidates remaining validly nominated for election for the Village was less than the number of Village Representatives to be returned for the Village at the election. (3) A separate notice containing a declaration referred to in subsection (2)(a) or (c)(i) shall- (a) be in the specified form; (b) be published in the Gazette as soon as practicable after the publication of the notice under section 17(3)(a) or 18(3)(a), as the case may be; and (c) state the name and the principal residential address of each candidate declared to be duly elected as a Village Representative for the Village. (4) A separate notice containing a declaration referred to in subsection (2)(b) or (c)(ii) shall be published in the Gazette as soon as practicable after the publication of the notice under section 17(3)(a) or 18(3)(a), as the case may be. (5) If a declaration referred to in subsection (2)(b) or (c)(ii) is made, a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 20 Returning Officer to declare termination of election proceedings and procedure after termination VerDate:01/06/2003 (1) A declaration under section 30(1) of the Election Ordinance shall be made by the Returning Officer by notice- (a) signed by that Officer; (b) displayed in a prominent place immediately outside each polling station used for polling for the Village concerned; and (c) stating the reason for, and the date and time of, the termination of the proceedings for the election concerned. (2) A notice under subsection (1) shall be published in the Gazette as soon as practicable after the declaration referred to in that subsection is made. (3) If the death or disqualification of a validly nominated candidate, which is the reason for the termination of the election proceedings, comes to the knowledge of the Returning Officer on the date of election but before the close of the poll for the Village, that Officer shall direct that the poll be abandoned. (4) When a poll is abandoned under this section, the Presiding Officer at the polling station or each polling station used for polling for the Village shall take the steps he is required to take under this Regulation for the delivery to the Returning Officer of the ballot box or ballot boxes, ballot papers and other materials relating to the election at the close of the poll. (5) For the purposes of subsection (4), the requirement in section 54 relating to the preparation of a ballot paper account does not apply. (6) The Returning Officer shall- (a) open the ballot box or ballot boxes delivered to him; and (b) make up into separate sealed packets- (i) all ballot papers in the ballot box or each of the ballot boxes, without separating or counting them or counting the votes; and (ii) all other ballot papers delivered to him from the polling station or each polling station. (7) Sections 70 and 71 apply to the ballot papers and materials delivered to the Returning Officer under subsection (4) as if they were ballot papers and documents sent to the Director of Home Affairs under section 69. (8) When a poll is abandoned under this section, the Returning Officer shall, as far as practicable and in such manner as that Officer considers appropriate, notify- (a) the Commission; (b) the Director of Home Affairs; and (c) the candidates for election for the Village or their respective election agents. (9) If a declaration referred to in subsection (1) is made, a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 21 Returning Officer to declare failure of election under certain circumstances upon death or disqualification of validly nominated candidate known after close of poll VerDate:01/06/2003 (1) If the death or disqualification of a validly nominated candidate comes to the knowledge of the Returning Officer after the close of the poll but before the declaration of the result of the election for the Village concerned, that Officer shall direct that the counting of the votes is to begin or continue, as the case may be, as if the death or disqualification had not occurred. (2) If, after the votes are counted, the deceased or disqualified candidate is found to be not successful at the election, the Returning Officer shall declare the successful candidate or candidates to be elected in accordance with section 66(1). (3) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the election, the Returning Officer- (a) shall not declare that candidate to be elected; and (b) shall make a declaration under section 30(3) of the Election Ordinance. (4) A declaration referred to in subsection (3)(b) shall be made- (a) by notice- (i) signed by the Returning Officer; and (ii) displayed in a prominent place immediately outside the counting station for counting the votes for the Village; and (b) by a public announcement- (i) made in the counting station for counting the votes for the Village; and (ii) made- (A) by radio or television; or (B) by such other means as the Returning Officer considers appropriate in the circumstances. (5) A notice under subsection (4)(a) shall- (a) state- (i) that the election has failed and the reason for it; or (ii) (in the case referred to in section 30(3)(b) of the Election Ordinance) that the election has failed to the extent that the number of candidates returned for the Village at the election was less than the number of Village Representatives to be returned for that Village at the election; and (b) be published in the Gazette as soon as practicable after the declaration referred to in subsection (3)(b) is made. (6) If a declaration referred to in subsection (3)(b) is made, a village by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 22 Appointment of election agent VerDate:01/06/2003 PART 3 ELECTION AGENTS AND ELECTION EXPENSE AGENTS (1) Each candidate may appoint one person as his election agent. (2) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as an election agent. (3) An election agent appointed by a candidate may do all things which the candidate may do or is required to do in connection with an election except- (a) making a declaration referred to in section 24 of the Election Ordinance or section 7(1)(b); (b) signing a nomination form as the candidate being nominated; (c) signing a notice of withdrawal of candidature referred to in section 14(2) as the candidate; (d) appointing an election agent under subsection (1); (e) appointing an election expense agent under section 23; (f) incurring election expenses on behalf of the candidate, unless he has also been appointed by the candidate as the candidate's election expense agent under section 23; and (g) revoking the appointment of an election agent or election expense agent under section 24(4). (4) Subject to subsection (3), any act which purports to be done by an election agent in his capacity as such on behalf of the candidate who appointed him shall be as effective as if it had been done by the candidate in person. (5) A notice under section 25(1), 34(2) or (5), 42(4) or 55(3) given to the election agent of a candidate shall be regarded as having been given to the candidate. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 23 Appointment of election expense agent VerDate:01/06/2003 (1) Each candidate may appoint any number of persons as his election expense agents. (2) Only a person who has attained the age of 18 years may be appointed as an election expense agent. (3) An election expense agent appointed by a candidate shall, by virtue of the appointment, be authorized to incur election expenses on behalf of the candidate as his agent. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 24 Provisions applicable to appointment of agents VerDate:01/06/2003 (1) In this section- (a) "agent" (代理人) means an election agent or election expense agent; and (b) a reference to the Returning Officer shall be construed as a reference to the Returning Officer appointed for the Village for which the candidate concerned is standing for election, or a reference to the Director of Home Affairs if the Returning Officer has not been appointed. (2) An appointment of an agent is effected by giving a notice of appointment to the Returning Officer. (3) A notice of appointment shall- (a) be in the specified form; (b) be given by the candidate; (c) state the name and the address of the agent; (d) (in the case of an election agent) state the identity card number of the agent; and (e) be signed by the candidate and the agent. (4) The appointment of an agent may be revoked by giving a notice of revocation to the Returning Officer. (5) A notice of revocation shall be- (a) in the specified form; (b) given by the candidate; and (c) signed by the candidate. (6) If an agent dies or the appointment of an agent is revoked, the candidate may, subject to this Part, appoint another person as an agent to replace the first-mentioned agent. (7) The appointment of or revocation of the appointment of an agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer. (8) The Returning Officer shall display a notice of the particulars of the election agents in a prominent place immediately outside his office. (9) All notices of appointment of election expense agents given by any candidate under subsection (2) shall be made available for inspection by the public- (a) free of charge; (b) at an office of the Returning Officer specified by him; and (c) during ordinary business hours, until the end of the period during which 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). "agent" (代理人) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 25 Other candidates to be notified of particulars of election agent VerDate:01/06/2003 (1) After receiving a notice of appointment of an election agent given by a candidate, the Returning Officer shall send a notice to every other candidate for the election concerned. (2) A notice under subsection (1) shall- (a) be in the specified form; (b) state the name, the identity card number and the address of the agent; (c) state the name of the candidate who appoints the agent; and (d) be sent- (i) (if the notice of appointment is received before the close of nominations) as soon as practicable after the close of nominations; or (ii) (in any other case) as soon as practicable after the receipt of the notice of appointment. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 26 Limit of expenses for election expense agent VerDate:01/06/2003 (1) A candidate who appoints an election expense agent shall set the maximum amount of election expenses that the agent may incur on his behalf. (2) The amount set under subsection (1) by a candidate in relation to an election expense agent shall be specified in the notice of appointment of the agent. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 27 Appointment of polling hours VerDate:01/06/2003 PART 4 POLLING ARRANGEMENT (1) The hours during which electors can cast their votes on the polling day shall be appointed by the Director of Home Affairs in accordance with this section. (2) The Director of Home Affairs shall appoint the polling hours so as to give the electors a reasonable opportunity to vote. (3) The Director of Home Affairs shall, at least 10 days before the polling day, publish in the Gazette a notice specifying the polling hours for the Village concerned. (4) For the purposes of subsection (3), one notice may be published for more than one Village. (5) The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, extend the polling hours for any Village or any polling station. (6) If the Director of Home Affairs extends the polling hours under subsection (5), he shall give notice of the extension- (a) by a public announcement made by radio or television; or (b) by such other means as he considers appropriate in the circumstances. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 28 Designation of polling stations and counting stations VerDate:01/06/2003 (1) The Director of Home Affairs shall designate, by notice published in the Gazette- (a) a place as a polling station, or more than one place as polling stations, for conducting the poll for a Village; and (b) a place as a counting station for counting the votes cast at the polling station or all the polling stations used for polling for a Village. (2) The Director of Home Affairs may designate under subsection (1)- (a) any premises occupied by a Government department for official purposes; or (b) any structure, place or premises hired under subsection (3). (3) The Director of Home Affairs may hire any structure, place or premises, or a part of a structure, place or premises, for use as a polling station or a counting station. (4) If any structure, place or premises hired under subsection (3) are used as a polling station or a counting station, the Director of Home Affairs shall- (a) make good any damage to the structure, place or premises; and (b) defray any expenses incurred by any person having control over the structure, place or premises, due to their having been so used. (5) The Director of Home Affairs may take such steps as he 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. (6) A designation under subsection (1) may be made by reference to a map or plan. (7) If a designation has been made by reference to a map or plan, the Director of Home Affairs shall display a copy of the map or plan in a prominent place immediately outside the relevant polling station or the relevant counting station, as the case may be. (8) The Director of Home Affairs- (a) may make arrangements for polling for one or more than one Village to take place at a polling station; and (b) may make arrangements for counting the votes for one or more than one Village cast at the polling station or all the polling stations used for polling for the Village or each of the Villages to take place at a counting station. (9) The Director of Home Affairs- (a) shall allocate to each elector a polling station to cast his vote; and (b) (in the case that an elector is entitled to vote in elections for more than one Village) may allocate to such elector one polling station or more than one polling station to cast his votes. (10) The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, allocate to an elector an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (9), to cast the vote or votes he is entitled to cast. (11) For the purposes of subsection (1), one notice may be published for more than one village. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 29 Director of Home Affairs to send polling notices to electors VerDate:01/06/2003 (1) The Director of Home Affairs shall send a polling notice in the specified form to each elector. (2) A polling notice shall- (a) state- (i) the date for holding the election for the Village concerned; (ii) the address of the polling station at which the elector must cast his vote for the Village; and (iii) the polling hours; (b) be accompanied by- (i) a map showing the location of the polling station; (ii) detailed voting instructions; and (iii) the means by which information on the counting of the votes for the Village may be obtained; and (c) be sent at least 10 days before the polling day. (3) If an elector is entitled to vote in elections for more than one Village, the Director of Home Affairs may send separate polling notices for each vote or send one polling notice for all the votes. (4) Where an alternative polling station is allocated to an elector under section 28(10), the Director of Home Affairs shall, as soon as practicable, notify, in such manner as he considers appropriate- (a) the elector; (b) the Returning Officer or the relevant Returning Officers; (c) the Presiding Officer of the polling station previously allocated to the elector; and (d) the Presiding Officer of the alternative polling station. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 30 Elector to vote at the correct polling station VerDate:01/06/2003 An elector may only cast his vote for a Village at the polling station allocated to him for the Village under section 28(9) or (10), as the case may be. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 31 Appointment of Presiding Officer and polling officers VerDate:01/06/2003 (1) The Returning Officer shall, for each polling station used for polling for the Village concerned, appoint- (a) a Presiding Officer to preside at the polling station; and (b) such number of polling officers as he considers appropriate to assist the Presiding Officer in the conduct of a poll. (2) The Returning Officer may designate- (a) one polling officer appointed for a polling station as the Deputy Presiding Officer for the polling station; and (b) any polling officer appointed for a polling station as an Assistant Presiding Officer for the polling station. (3) The Returning Officer shall supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which the Presiding Officer is appointed. (4) If a polling station is used for polling for more than one Village- (a) the appointment under subsection (1) and the designation under subsection (2) shall be made by the Returning Officers for those Villages; and (b) the list referred to in subsection (3) shall be supplied by one of those Returning Officers. (5) The Presiding Officer shall display a list containing his name and the names of the polling officers appointed for the polling station in a prominent place immediately outside the polling station. (6) The Presiding Officer may perform any act which he is required or authorized to perform under this Regulation through a polling officer, but the power to adjourn a poll under section 73(1) must be exercised by the Presiding Officer personally. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 32 Copy of final register to be supplied to candidates and Returning Officer VerDate:01/06/2003 (1) As soon as practicable after a nomination form nominating a candidate is delivered to the Returning Officer, the Electoral Registration Officer shall supply to the candidate a copy of the final register for the Village concerned. (2) As soon as practicable after the publication of a notice under section 27(2) of the Election Ordinance, the Electoral Registration Officer shall supply to the Returning Officer a copy of the final register for the Village concerned. (3) The Electoral Registration Officer may add to the copy of the final register supplied under subsection (1) or (2) such particulars or information as that Officer considers appropriate. (4) Copies of the final register may be supplied in any or all of the following forms- (a) a printed form; (b) a non-legible form which is capable of being reproduced in a legible form by using a computer; (c) any other form determined by the Electoral Registration Officer. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 33 Miscellaneous arrangements relating to voting VerDate:01/06/2003 (1) The Returning Officer shall provide, at the polling station or at each polling station to be used for polling for the Village concerned, sufficient compartments to enable electors to mark and fold ballot papers issued to them, screened from observation. (2) The Returning Officer shall supply to the Presiding Officer appointed for the polling station or each polling station to be used for polling for the Village concerned such number of ballot papers as he considers necessary for the polling for the Village. (3) The Returning Officer shall ensure that- (a) the name of any deceased or disqualified candidate for the Village concerned regarding whom- (i) a notice referred to in section 17(1) or 18(1) has been given; or (ii) declarations referred to in section 17(3) or 18(3) have been made; and (b) other information relating to that candidate, if printed on the ballot papers, are crossed out by stamping the words "DECEASED" and "已故" or "DISQUALIFIED" and "喪失資格", as the case may be. (4) The Director of Home Affairs shall provide at each polling station chops bearing a "P" mark, with or without other design, that are necessary to enable electors to mark ballot papers. (5) The Presiding Officer shall display a notice providing information on voting procedure for the guidance of electors- (a) in a prominent place immediately outside the polling station; and (b) inside every compartment provided under subsection (1). ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 34 Determination of no canvassing zone and no staying zone VerDate:01/06/2003 (1) The Returning Officer shall, by reference to a map or plan, determine- (a) any area outside a polling station to be used for polling for the Village concerned as a no canvassing zone; and (b) any area within a no canvassing zone as a no staying zone. (2) The Returning Officer shall give a notice indicating the boundaries of the no canvassing zone and the no staying zone to every candidate for election for the Village at least 2 days before the polling day. (3) If a polling station is to be used for polling for more than one Village- (a) the determination of the no canvassing zone and the no staying zone shall be made by the Returning Officer specified for the purpose by the Director of Home Affairs; and (b) that Officer shall give the notice under subsection (2) to- (i) the candidates for election for the Village for which that Officer is appointed; and (ii) the Returning Officers for the other Villages for which the polling station is used for polling, who shall, as soon as practicable after they receive the notice, give such notice to the candidates for election for their respective Villages. (4) The Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary the zone. (5) If a no canvassing zone or a no staying zone is varied, the Returning Officer who varies the zone shall, as soon as practicable after the variation- (a) give a notice indicating the boundary of the zone as varied to- (i) the candidates for election for the Village for which that Officer is appointed; and (ii) (if the polling station is to be used for polling for more than one Village) the Returning Officers for the other Villages for which the polling station is used for polling, who shall, as soon as practicable after they receive the notice, give such notice to the candidates for election for their respective Villages; and (b) display a copy of such notice at or near the polling station. (6) On the polling day, the Returning Officer who determines the no canvassing zone or the no staying zone (or subsequently varies it, where applicable) shall display at or near the polling station a notice indicating the boundaries of the no canvassing zone and the no staying zone as determined or, where applicable, as varied. (7) A determination under subsection (1) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone and the no staying zone as determined. (8) A variation under subsection (4) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone or the no staying zone as varied. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 35 Order at no canvassing zone and no staying zone VerDate:01/06/2003 (1) The Returning Officer and the Presiding Officer shall keep order at the no canvassing zone and the no staying zone. (2) No person shall- (a) (except as provided in subsection (3)) engage in canvassing for votes in a no canvassing zone; (b) use a sound amplifying system or device for any purpose in a no canvassing zone without lawful authority or the express permission of the Returning Officer or the Presiding Officer; (c) use a sound amplifying system or device for canvassing for votes in such a manner that the sound emitted by it can be heard in a no canvassing zone; (d) without reasonable excuse, display in a no canvassing zone any propaganda material relating to- (i) any candidate or his candidate number; (ii) a body any member of which is standing as a candidate in the election concerned or a political body; or (iii) the election of Village Representatives; or (e) stay or loiter in a no staying zone without the express permission of the Returning Officer or the Presiding Officer, on the polling day. (3) On the polling day, a person may, on the storeys above or below street level in a building within a no canvassing zone (other than a building in which there is a polling station), without obstructing any person, canvass for votes from door to door. (4) For the purposes of subsections (2) and (3), suggesting not to vote for any candidate shall be regarded as canvassing for votes. (5) No person shall, in a no canvassing zone or a no staying zone- (a) fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer; (b) cause an obstruction to any person who is in the zone and on his way to vote; or (c) otherwise misconduct himself, on the polling day. (6) If a person contravenes subsection (2) or (5), the Returning Officer or the Presiding Officer may- (a) require the person to produce his identity document for inspection; and (b) order the person to leave the relevant zone immediately. (7) No person shall fail to produce his identity document when required to do so under subsection (6). (8) If a person fails to leave when ordered to do so under subsection (6), he may be removed by a police officer or by a person authorized in writing by the Returning Officer who ordered him to leave or the Presiding Officer. (9) No person who is removed under subsection (8) shall enter the relevant zone again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer. (10) The powers conferred by subsections (6) and (8) shall not be so exercised as to prevent an elector from voting. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 36 Polling agents VerDate:01/06/2003 (1) Each candidate may appoint not more than 2 persons as his polling agents. (2) A polling agent appointed by a candidate may attend only at the polling station or polling stations on behalf of the candidate for a purpose connected with the conduct of a poll for the Village concerned. (3) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as a polling agent. (4) An appointment of a polling agent is effected by giving a notice of appointment to the Returning Officer or the Presiding Officer. (5) A notice of appointment shall- (a) be in the specified form; (b) be given by the candidate; (c) state the name, the identity card number and the address of the polling agent; and (d) be signed by the candidate and the polling agent. (6) The appointment of a polling agent may be revoked by giving a notice of revocation to the Returning Officer or the Presiding Officer. (7) A notice of revocation shall be- (a) in the specified form; (b) given by the candidate; and (c) signed by the candidate. (8) If a polling agent dies or the appointment of a polling agent is revoked, the candidate may, subject to this section, appoint another person as a polling agent to replace the first-mentioned agent. (9) The appointment of or revocation of the appointment of a polling agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer or the Presiding Officer. (10) If a notice under subsection (4) is not given before the 7 days preceding the polling day, it shall be delivered by the candidate or his election agent on the polling day to the Presiding Officer. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 37 Admission to polling station VerDate:01/06/2003 (1) No person may enter or stay in a polling station, except- (a) a member of the Commission; (b) the Director of Home Affairs; (c) a Returning Officer; (d) an Assistant Returning Officer; (e) the Chief Electoral Officer; (f) the Presiding Officer appointed for the polling station; (g) a polling officer appointed for the polling station; (h) an elector; (i) (subject to subsections (3) and (8)) a candidate; (j) (subject to subsections (3), (4), (5) and (8)) an election agent; (k) (subject to subsections (3), (4), (6) and (8)) a polling agent; (l) a public officer on duty at the polling station; (m) a member of the Civil Aid Service on duty at the polling station; (n) a child accompanying an elector who comes to the polling station for the purpose of voting; or (o) a person authorized under subsection (9). (2) In order to ensure that polling takes place smoothly and efficiently, the Presiding Officer- (a) may regulate the number of electors, candidates, election agents and polling agents to be admitted to the polling station concerned at any one time; and (b) may, subject to subsection (1), exclude any person from the polling station concerned. (3) A candidate, an election agent or a polling agent may be present in a polling station subject to the availability of seats in the area designated to accommodate them. (4) Only an election agent or a polling agent regarding whom a notice of appointment has been given under this Regulation may be present in a polling station on behalf of a candidate. (5) If a candidate is present in a polling station, the election agent of that candidate may not be present in the polling station at the same time. (6) Only one polling agent of a candidate may be present in a polling station, on behalf of the candidate, at any one time, if neither the candidate nor the election agent is present. (7) A candidate, an election agent or a polling agent who wishes to be admitted to a polling station shall, on arriving at the polling station- (a) report in person to the Presiding Officer; and (b) produce- (i) his identity document; and (ii) a declaration of secrecy, in the specified form, completed by him. (8) If the area referred to in subsection (3) is occupied to its full seating capacity, the Presiding Officer- (a) may refuse entry to the polling station to any candidate, election agent or polling agent; and (b) may make arrangements for admitting such candidate, election agent or polling agent to the polling station later. (9) The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a polling station in accordance with the terms of the authorization. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 38 Order at polling station VerDate:01/06/2003 (1) The Returning Officer and the Presiding Officer shall keep order at the polling station concerned. (2) No person shall- (a) communicate with any elector; or (b) use a mobile telephone, paging machine or any other communication device to communicate with any other person, in a polling station during the polling hours contrary to a direction of the Returning Officer or the Presiding Officer not to do so. (3) Subsection (2) does not apply to- (a) a member of the Commission; (b) the Director of Home Affairs; (c) a Returning Officer; (d) an Assistant Returning Officer; (e) the Chief Electoral Officer; (f) the Presiding Officer appointed for the polling station; (g) a polling officer appointed for the polling station; (h) a public officer on duty at the polling station; (i) a member of the Civil Aid Service on duty at the polling station; or (j) a person authorized by the Returning Officer or a member of the Commission in writing to do an act prohibited by subsection (2). (4) No person shall- (a) film; (b) take a photograph; or (c) make any audio or video recording, in a polling station on the polling day without the express permission of a member of the Commission, the Returning Officer or the Presiding Officer. (5) No person shall- (a) engage in canvassing for votes; or (b) without reasonable excuse, display any propaganda material relating to- (i) any candidate or his candidate number; (ii) a body any member of which is standing as a candidate in the election concerned or a political body; or (iii) the election of Village Representatives, in a polling station on the polling day. (6) For the purposes of subsection (5), suggesting not to vote for any candidate shall be regarded as canvassing for votes. (7) No person shall, in a polling station or its vicinity- (a) fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer; (b) disrupt the poll; (c) disturb or cause inconvenience to any person except in the execution of his duty; or (d) otherwise misconduct himself, on the polling day. (8) If a person contravenes subsection (5) or (7), the Returning Officer or the Presiding Officer may- (a) require the person to produce his identity document for inspection; and (b) order the person to leave the polling station or its vicinity, as the case may be, immediately. (9) No person shall fail to produce his identity document when required to do so under subsection (8). (10) If a person fails to leave when ordered to do so under subsection (8), he may be removed by a police officer or by a person authorized in writing by the Returning Officer who ordered him to leave or the Presiding Officer. (11) No person who is removed under subsection (10) shall enter the polling station or its vicinity again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer. (12) The powers conferred by subsections (8) and (10) shall not be so exercised as to prevent an elector from voting. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 39 Design of ballot box VerDate:01/06/2003 PART 5 BALLOT BOXES, BALLOT PAPERS AND VOTING PROCEDURE A ballot box to be used in a poll shall be so constructed that ballot papers can be put into it while it is locked but cannot be withdrawn from it without unlocking it and breaking the sealing device used to seal it. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 40 Ballot box to be sealed before commencement of poll VerDate:01/06/2003 (1) Immediately before the commencement of the poll, the Presiding Officer shall show the ballot box or each ballot box, empty, to the persons who are present in the polling station concerned. (2) The Presiding Officer shall, after showing a ballot box under subsection (1), lock it and seal it with a sealing device provided for that purpose by the Director of Home Affairs so that it cannot be opened without unlocking the lock and breaking the sealing device. (3) The Presiding Officer shall- (a) place the ballot box or each ballot box for the receipt of ballot papers in the view of a polling officer or himself; and (b) ensure that the ballot box or each ballot box is kept locked and sealed while it is in his custody. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 41 Form of ballot papers VerDate:01/06/2003 (1) A ballot paper to be used for an election for an Existing Village shall be in Form 1 set out in Schedule 1. (2) A ballot paper to be used for an election for an Indigenous Village shall be- (a) (where there is one vacancy) in Form 2(a) set out in Schedule 1; or (b) (where there is more than one vacancy) in Form 2(b) set out in Schedule 1. (3) A ballot paper to be used for an election for a Composite Indigenous Village shall be in Form 3 set out in Schedule 1. (4) The Director of Home Affairs may decide- (a) the colour and the design of a ballot paper; or (b) that the ballot papers to be used for the elections for different Villages are to be printed in different colours and to have different designs. (5) A number may be printed on the counterfoil of a ballot paper, but that number shall not be printed or shown in any manner on the ballot paper. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 42 Order of names of candidates on ballot papers VerDate:01/06/2003 (1) A number shall be allocated to each candidate by the drawing of lots conducted by the Returning Officer. (2) The names of the candidates shall appear on a ballot paper in the order of the numbers allocated under subsection (1). (3) The number allocated to a candidate shall be printed on a ballot paper against his name. (4) The Returning Officer shall give notice to each candidate of the arrangements for the drawing of lots under subsection (1). (5) A candidate or his election agent may be present at the drawing of lots under subsection (1). ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 43 Question to person applying for a ballot paper VerDate:01/06/2003 (1) The Presiding Officer may, in case of doubt and at the time a person applies for a ballot paper, ask the person any appropriate questions set out in subsection (2). (2) The questions referred to in subsection (1) are- (a) (i) "你是否已登記在本村(the Presiding Officer to read the name and the type of the Village) 的正式選民登記冊上，而有關登記記項一如以下所述(the Presiding Officer to read the whole entry as it is recorded in the final register)?"; or (ii) "Are you the person registered in the final register for this Village (the Presiding Officer to read the name and the type of the Village), as follows (the Presiding Officer to read the whole entry as it is recorded in the final register)?"; (b) (i) "你是否已在本村(the Presiding Officer to read the name of the Village) 的居民代表選舉中投了票?"; or (ii) "Have you already voted in this election to elect a Resident Representative for this Village (the Presiding Officer to read the name of the Village)?"; (c) (i) "你是否已在本村(the Presiding Officer to read the name of the Village) 的原居民代表選舉中投了票?"; or (ii) "Have you already voted in this election to elect an Indigenous Inhabitant Representative for this Village (the Presiding Officer to read the name of the Village)?". (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 shall not issue 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 PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 44 Challenging a person who has applied for a ballot paper or who has voted VerDate:01/06/2003 (1) If a candidate, an election agent or a polling agent- (a) declares to the Presiding Officer that he has reasonable cause to believe that a person has engaged in corrupt conduct of impersonation; and (b) undertakes in writing to substantiate the allegation in a court, the Presiding Officer may request a police officer to arrest that person. (2) A declaration referred to in subsection (1) may only be made- (a) at the time the person applies for a ballot paper; or (b) after the person has applied for a ballot paper but before the person has left the polling station. (3) If the Presiding Officer has reason to believe that a person- (a) applying for a ballot paper; or (b) who has applied for a ballot paper and has not left the polling station, has engaged in corrupt conduct of impersonation, the Presiding Officer may request a police officer to arrest that person. (4) A person- (a) in respect of whom a declaration is made under subsection (1) (whether or not he is arrested under that subsection); or (b) who has been arrested under subsection (3), shall not be prevented from voting only by reason of the declaration or arrest. (5) In this section, "corrupt conduct of impersonation" (冒充別人的舞弊行為) means the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). "corrupt conduct of impersonation" (冒充別人的舞弊行為) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 45 Issue of ballot paper VerDate:01/06/2003 (1) If, at a polling station used for polling for only one Village, a person applies for a ballot paper at the issuing desk, the polling officer manning the desk shall, upon being satisfied by inspecting the person's identity document that the person is an elector registered in the final register for the Village, issue to the person- (a) one ballot paper to be used for the election for the Village; and (b) a chop provided under section 33(4) for marking the ballot paper. (2) If, at a polling station used for polling for more than one Village, a person applies for a ballot paper at the issuing desk, the polling officer manning the desk shall, upon being satisfied by inspecting the person's identity document that- (a) the person is an elector registered in the final register for one of the Villages for which the polling station is used for polling, issue to the person- (i) one ballot paper to be used for the election for that Village; and (ii) a chop provided under section 33(4) for marking the ballot paper; or (b) the person is an elector registered in the final registers for more than one Village for which the polling station is used for polling, issue to the person- (i) subject to subsection (3), one ballot paper to be used for the election for each of those Villages; and (ii) a chop provided under section 33(4) for marking those ballot papers. (3) If a person referred to in subsection (2)(b) does not wish to cast all the votes which he is entitled to cast for the Villages for which the polling station is used for polling or he does not wish to do so at the same time, he- (a) shall be issued, upon his application, one ballot paper to be used for the election for the Village for which he is going to cast his vote; and (b) may cast his remaining vote later, before the close of the poll (whether he has left and subsequently returns to the polling station or he has not left the polling station). (4) For the purposes of subsections (1), (2) and (3), where the person is an elector registered in a final register- (a) for an Existing Village, he must be issued a ballot paper to be used for an election for an Existing Village; (b) for an Indigenous Village, he must be issued a ballot paper to be used for an election for an Indigenous Village; or (c) for a Composite Indigenous Village, he must be issued a ballot paper to be used for an election for a Composite Indigenous Village. (5) Before a ballot paper or ballot papers are issued to an elector, the polling officer shall call out the name of the elector as stated in the copy of the relevant final register or registers in that officer's possession. (6) To ensure that the correct ballot paper or ballot papers are issued to an elector, the polling officer may require the elector to verify the entry relating to him in the relevant final register or registers. (7) A person shall not be prevented from voting only because of an omission or inaccuracy of a particular required to be registered in the relevant final register, other than the omission of his name and, where applicable, his principal residential address. (8) If a ballot paper or ballot papers are issued to an elector, the polling officer shall, subject to subsection (9), record that a ballot paper or ballot papers have been so issued by one or both of the following means- (a) placing a line in the copy of the relevant final register or registers in that officer's possession across the name and, where applicable, the principal residential address of the elector; (b) marking the copy of the relevant final register or registers in that officer's possession in such other manner as the Director of Home Affairs may direct. (9) No record shall be made of the particular ballot paper or ballot papers issued to an elector. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 46 Elector who has not cast vote may return to cast vote with permission VerDate:01/06/2003 (1) Subject to subsection (5), if- (a) an elector has been issued with a ballot paper or ballot papers; and (b) (except in the case under section 45(3)) he has left the polling station without casting his vote or any of his votes, he shall not cast the vote or votes when he returns to the polling station before the close of the poll unless- (c) before leaving the polling station, he has- (i) made a request to the Presiding Officer for permission to cast the vote or votes before the close of the poll; (ii) informed the Presiding Officer of his reason for leaving the polling station without casting the vote or votes; and (iii) returned the ballot paper or ballot papers, unmarked, to the Presiding Officer; and (d) the Presiding Officer has granted the requested permission. (2) If an elector has complied with subsection (1)(c), the Presiding Officer shall grant the permission unless he is of the opinion that the request is a manifest abuse of the facilities provided by this section. (3) If the Presiding Officer grants the permission to an elector under subsection (2), he shall- (a) keep in his custody the ballot paper or ballot papers returned by the elector under subsection (1)(c)(iii); and (b) on the elector's return to the polling station before the close of the poll to cast the vote or votes, re-issue the ballot paper or ballot papers to the elector in the presence of a police officer. (4) If the Presiding Officer does not grant the permission to an elector under subsection (2), he shall immediately re-issue to the elector the ballot paper or ballot papers returned under subsection (1)(c)(iii). (5) An elector who- (a) has been issued with a ballot paper or ballot papers; (b) becomes incapacitated from voting by physical illness; and (c) has left the polling station after- (i) returning the ballot paper or ballot papers, unmarked, to the Presiding Officer; or (ii) leaving the ballot paper or ballot papers, unmarked, behind in the polling station without putting the ballot paper or ballot papers into the ballot box or ballot boxes (if the Presiding Officer is aware that the elector has so left the ballot paper or ballot papers behind before leaving the polling station), may return to the polling station before the close of the poll and cast his vote or votes. (6) If any ballot paper is returned under subsection (5)(c)(i) or left behind in the polling station under subsection (5)(c)(ii) by an elector, the Presiding Officer shall- (a) keep in his custody the ballot paper; and (b) on the elector's return to the polling station before the close of the poll to cast the vote, re-issue the ballot paper to the elector in the presence of a police officer. (7) For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) shall be regarded as issuing a ballot paper under section 45(1), (2) or (3), as the case may be. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 47 Voting procedure VerDate:01/06/2003 (1) Subject to section 49(1), when an elector is issued with a ballot paper or ballot papers, he shall, without undue delay- (a) immediately go into a compartment provided under section 33(1) in the polling station; (b) mark the ballot paper or ballot papers in the compartment; (c) fold the ballot paper or each of the ballot papers so that the marked side is inside before leaving the compartment; (d) put the folded ballot paper or each of the folded ballot papers into the correct ballot box; (e) return- (i) the chop issued to him under section 45; and (ii) the cardboard provided to him under subsection (2), to any polling officer in the polling station; and (f) notwithstanding section 37(1), leave the polling station as soon as he has put the ballot paper or ballot papers into the ballot box or ballot boxes and returned the chop and the cardboard. (2) An elector- (a) shall, when he is issued with a ballot paper or ballot papers, be provided with a cardboard in a colour determined by the Director of Home Affairs so as to indicate the number of ballot papers issued to him; and (b) shall carry with him the cardboard before it is returned under subsection (1)(e). (3) Except where it is provided otherwise in this Regulation, no person shall remove a ballot paper from a polling station. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 48 How ballot papers are to be marked VerDate:01/06/2003 (1) An elector voting for an Existing Village- (a) may vote for only one candidate; and (b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single "P" in the circle opposite the name of the candidate of his choice on the ballot paper. (2) An elector voting for an Indigenous Village- (a) may vote for a number of candidates not exceeding the number of Indigenous Inhabitant Representatives to be returned for the Village at the election concerned; and (b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single "P" in each of the circles opposite the names of the candidates of his choice (the number of which shall not exceed the number of Indigenous Inhabitant Representatives to be returned for the Village at the election) on the ballot paper. (3) An elector voting for a Composite Indigenous Village- (a) may vote for only one candidate; and (b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single "P" in the circle opposite the name of the candidate of his choice on the ballot paper. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 49 Marking of ballot paper for or by incapacitated person VerDate:01/06/2003 (1) The Presiding Officer, the Deputy Presiding Officer or any Assistant Presiding Officer may, upon the request of an elector who claims that he is unable to read or is incapacitated from casting his vote because of impaired eyesight or other physical cause- (a) mark a ballot paper, in a compartment provided under section 33(1) in the polling station, for the elector according to the choice of the elector in the manner specified in section 48(1), (2) or (3), as the case may be; and (b) fold and put the ballot paper into the correct ballot box in the manner specified in section 47(1)(c) and (d ), in the presence of a polling officer designated by the Presiding Officer, the Deputy Presiding Officer or the Assistant Presiding Officer, as the case may be, having regard to the choice (if any) of a candidate or his polling agent. (2) The Presiding Officer shall cause a template to be made available upon request by an elector. (3) A template made available to an elector under subsection (2) shall be so constructed as to be able to facilitate the marking of a ballot paper by an elector suffering from impaired eyesight. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 50 Issue of ballot paper marked "TENDERED" VerDate:01/06/2003 (1) Subject to subsection (2) and sections 45(3) and 46, if a person ("the first-mentioned person") representing himself to be a particular elector applies for a ballot paper for a particular Village after a ballot paper for the Village had already been issued on the basis that the person to whom it was issued was that elector, the Presiding Officer shall issue to the first-mentioned person a ballot paper for the Village endorsed on the front of it with the words "TENDERED" and "重複". (2) The Presiding Officer may issue a ballot paper under subsection (1) only if- (a) he is not certain that the first-mentioned person is the person who had been issued with a ballot paper for the Village earlier; and (b) the first-mentioned person answers the appropriate questions set out in section 43(2) to his satisfaction. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 51 Marking "UNUSED" on ballot paper VerDate:01/06/2003 If a ballot paper has been issued and has not been put into a ballot box otherwise than under the circumstances referred to in section 46(1) or (5), the Presiding Officer shall endorse the words "UNUSED" and "未用" on the front of the ballot paper and keep it in his custody. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 52 Marking "SPOILT" on ballot paper VerDate:01/06/2003 (1) If an elector issued with a ballot paper- (a) inadvertently deals with it in such a manner that it cannot be properly used as a ballot paper; or (b) makes an error in marking it, he may apply to the Presiding Officer for another ballot paper. (2) The Presiding Officer may issue another ballot paper to an elector referred to in subsection (1) if the elector- (a) returns the ballot paper already issued to him to the Presiding Officer; and (b) establishes to the satisfaction of the Presiding Officer the circumstances referred to in subsection (1)(a) or (b). (3) The Presiding Officer shall immediately cancel a ballot paper returned to him under subsection (2) by endorsing the words "SPOILT" and "損壞" on the front of the ballot paper and keep it in his custody. (4) For the purposes of this Regulation, issuing a ballot paper under subsection (2) shall be regarded as issuing a ballot paper under section 45(1), (2) or (3), as the case may be. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 53 Steps to be taken at a polling station after the close of the poll VerDate:01/06/2003 (1) As soon as practicable after the close of the poll, the Presiding Officer shall- (a) seal the ballot box, or each ballot box, with a sealing device provided for that purpose by the Director of Home Affairs so that nothing can be put into or withdrawn from the ballot box after it is sealed; and (b) make up into separate sealed packets- (i) the counterfoils of the ballot papers that have been issued; (ii) the ballot papers that have not been issued; (iii) the unused ballot papers; (iv) the spoilt ballot papers; and (v) the marked copy of the final register, and, at a polling station used for polling for more than one Village, make separate sealed packets for each Village, in the presence of the persons who are present in the polling station. (2) As soon as practicable after complying with subsection (1), the Presiding Officer shall deliver- (a) the sealed ballot box or boxes; (b) the sealed packets referred to in subsection (1)(b); and (c) the ballot paper account or accounts, to the Returning Officer or the relevant Returning Officers at the counting station or the relevant counting station or stations. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 54 Ballot paper account VerDate:01/06/2003 (1) The Presiding Officer shall prepare a statement ("ballot paper account") which complies with subsection (2) and, at a polling station used for polling for more than one Village, prepare a separate ballot paper account for each Village. (2) The ballot paper account prepared under subsection (1) shall- (a) be in the specified form; and (b) show the number of ballot papers supplied under section 33(2) for the Village concerned (stating whether they are ballot papers to be used for an election for an Existing Village, an Indigenous Village or a Composite Indigenous Village) and account for those ballot papers under the following heads- (i) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or ballot boxes; (ii) the number of ballot papers which have not been issued; (iii) the number of unused ballot papers; and (iv) the number of spoilt ballot papers. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 55 Determination and notice of time of counting of votes VerDate:01/06/2003 PART 6 COUNTING OF VOTES (1) The Returning Officer shall determine the time at which the counting of the votes is to begin. (2) The time determined under subsection (1) shall be a time after the close of the poll for the Village concerned. (3) The Returning Officer shall give notice in writing to each candidate or a counting agent appointed by him of- (a) the address of the counting station at which the counting of the votes for the Village is to take place; and (b) the time determined under subsection (1). (4) A notice under subsection (3) shall be given- (a) (in the case of the counting of the votes for a postponed or adjourned poll) as soon as practicable after the determination of the time under subsection (1); (b) (in the case of a postponement or adjournment of the counting of the votes) as soon as practicable after the determination of the time under subsection (1); or (c) (in any other case) at least 24 hours before the time determined under subsection (1). ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 56 Appointment of counting agent VerDate:01/06/2003 (1) Each candidate may appoint persons as his counting agents to attend at a counting station to observe the counting of the votes for the Village for which the candidate is standing for election. (2) The Returning Officer shall determine the maximum number of counting agents a candidate may appoint. (3) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as a counting agent. (4) An appointment of a counting agent is effected by giving a notice of appointment to the Returning Officer. (5) A notice of appointment shall- (a) be in the specified form; (b) be given by the candidate; (c) state the name, the identity card number and the address of the counting agent; and (d) be signed by the candidate and the counting agent. (6) The appointment of a counting agent may be revoked by giving a notice of revocation to the Returning Officer. (7) A notice of revocation shall be- (a) in the specified form; (b) given by the candidate; and (c) signed by the candidate. (8) If a counting agent dies or the appointment of a counting agent is revoked, the candidate may, subject to this section, appoint another person as a counting agent to replace the first-mentioned agent. (9) The appointment of or revocation of the appointment of a counting agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer. (10) If a notice under subsection (4) is not given before the 3 days preceding the polling day, it shall be delivered by the candidate or his election agent on the polling day to the Returning Officer. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 57 Appointment of counting officers VerDate:01/06/2003 (1) The Director of Home Affairs may appoint such number of counting officers as he considers appropriate for a counting station to assist the Returning Officer in counting the votes. (2) The Returning Officer shall display a list of the names of the counting officers in a prominent place within the counting station. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 58 Admission to counting station VerDate:01/06/2003 (1) The Returning Officer may set apart an area within a counting station as a counting zone. (2) Where a counting zone is set apart under subsection (1), the zone shall be delineated and identified by such means as the Returning Officer who sets apart the zone considers appropriate. (3) No person may enter or stay in a counting zone, except- (a) a member of the Commission; (b) the Director of Home Affairs; (c) a Returning Officer; (d) an Assistant Returning Officer; (e) the Chief Electoral Officer; (f) a counting officer; (g) a candidate; (h) an election agent; (i) a counting agent; (j) a public officer on duty at the counting station; (k) a member of the Civil Aid Service on duty at the counting station; or (l) a person authorized under subsection (4). (4) The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a counting zone in accordance with the terms of the authorization. (5) Any member of the public may observe the counting of the votes from an area at a counting station set apart for that purpose by the Returning Officer unless that Officer considers that the presence of such member of the public may- (a) cause disorder or disturbance in the counting station; (b) disrupt the counting of the votes; or (c) prejudice the secrecy of the individual votes. (6) The Returning Officer shall ensure that the arrangements for the counting of the votes in a counting zone of a counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 59 Order at counting station VerDate:01/06/2003 (1) The Returning Officer shall keep order at the counting station concerned. (2) No person shall- (a) film; (b) take a photograph; or (c) make any audio or video recording, in a counting zone without the express permission of a member of the Commission, the Director of Home Affairs or the Returning Officer. (3) No person shall, in a counting station or its vicinity- (a) fail to comply with a lawful direction given by the Returning Officer; (b) use a sound amplifying system or device for any purpose without lawful authority or the express permission of the Returning Officer; (c) without reasonable excuse, display any propaganda material relating to- (i) any candidate or his candidate number; (ii) a body any member of which is standing as a candidate in the election concerned or a political body; or (iii) the election of Village Representatives; (d) disrupt the counting of the votes; (e) disturb or cause inconvenience to any person except in the execution of his duty; or (f) otherwise misconduct himself. (4) If- (a) a person contravenes subsection (2) or (3); or (b) the Returning Officer reasonably considers that, having regard to the conduct of a person, the person's presence at the counting station is for a purpose other than that for which the person is entitled or authorized to be so present, the Returning Officer may- (c) require the person to produce his identity document for inspection; and (d) order the person to leave the counting station or its vicinity, as the case may be, immediately. (5) No person shall fail to produce his identity document when required to do so under subsection (4). (6) If a person fails to leave when ordered to do so under subsection (4), he may be removed by a police officer or by a person authorized in writing by the Returning Officer who ordered him to leave. (7) No person who is removed under subsection (6) shall enter the counting station or its vicinity again, before the counting of the votes at the counting station is finished, without the express permission of the Returning Officer who ordered him to leave. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 60 Opening a ballot box VerDate:01/06/2003 (1) The Returning Officer shall, in the counting zone, open a ballot box delivered to him under section 53(2) by breaking the sealing device in the presence of the candidates or their election agents or counting agents, if present in the counting zone. (2) If any candidate or his election agent or counting agent requests inspection of any paper (other than a ballot paper) taken from the ballot box, the Returning Officer shall allow him to inspect such paper before disposing of it. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 61 Counting of votes VerDate:01/06/2003 (1) Ballot papers in a ballot box opened in accordance with section 60 shall, in the counting zone, be counted using either one of the following methods, as determined by the Returning Officer- (a) the- (i) ballot papers shall be sorted according to the choices marked on them; and (ii) votes for each candidate shall be counted; or (b) the- (i) choice or choices marked on each ballot paper shall be made known to the persons present in the counting zone by calling out the name of the candidate or each candidate for whom the vote or a vote is given and his candidate number; (ii) votes for each candidate whose name is so called out shall be recorded on a board set up in a prominent place within the counting zone; and (iii) votes recorded for each candidate shall be counted. (2) In the course of counting in accordance with subsection (1)(a) or (b), as the case may be- (a) any ballot paper- (i) on which there is any writing or mark by which the elector can possibly be identified; (ii) which appears to be a ballot paper described in section 62(b) or (c); or (iii) which appears to be void for uncertainty, shall be separated and forwarded to the Returning Officer; and (b) any ballot paper described in section 62(e), ( f ), (g) or (h) shall be separated and shall not be counted pursuant to section 62. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 62 Ballot papers not to be counted VerDate:01/06/2003 When counting the votes, any ballot paper- (a) on which there is any writing or mark by which, in the opinion of the Returning Officer, the elector can possibly be identified; (b) subject to section 63(3)- (i) used for an election for an Existing Village, which is not marked in accordance with section 48(1); (ii) used for an election for an Indigenous Village, which is not marked in accordance with section 48(2); or (iii) used for an election for a Composite Indigenous Village, which is not marked in accordance with section 48(3); (c) which is substantially mutilated; (d) which the Returning Officer determines under section 63(2)(b)(iii) as being void for uncertainty; (e) which has the words "TENDERED" and "重複" endorsed on it; (f) which has the words "UNUSED" and "未用" endorsed on it; (g) which has the words "SPOILT" and "損壞" endorsed on it; or (h) which is unmarked, shall not be counted. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 63 Determination of validity of questionable ballot papers VerDate:01/06/2003 (1) If a ballot paper is forwarded to the Returning Officer under section 61(2)(a)- (a) a candidate, an election agent or a counting agent, if present in the counting zone, is entitled to inspect the ballot paper; and (b) the candidate or the election agent is entitled to make representations to the Returning Officer concerning the ballot paper. (2) After considering the representations (if any) made under subsection (1)(b), the Returning 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 62 for- (i) having on it any writing or mark by which, in the opinion of the Returning Officer, the elector can possibly be identified; (ii) being a ballot paper described in section 62(b) or (c); or (iii) being void for uncertainty. (3) Notwithstanding section 62(b), the Returning Officer may determine under subsection (2) that a ballot paper which is not marked in accordance with section 48(1)(b), (2)(b) or (3)(b), as the case may be, is valid and the vote shall be counted in the manner specified in section 61(1)(a) or (b), as the case may be, if, subject to other provisions of section 62, he is satisfied that the elector has marked the ballot paper by affixing the chop issued under section 45 on the ballot paper so as to clearly indicate his intention to vote for the candidate or candidates concerned, as the case may be. (4) If- (a) the Returning Officer determines under subsection (2) that a ballot paper is valid and the vote shall be counted; and (b) a candidate or an election agent objects to the determination, the Returning Officer shall endorse the words "acceptance objected to" and "予以接納的決定遭反對" on the front of the ballot paper. (5) If the Returning Officer determines under subsection (2) that a ballot paper shall not be counted, he shall- (a) endorse the words "rejected" and "不予接納" on the front of it; and (b) where a candidate or an election agent objects to the determination, endorse the words "rejection objected to" and "不予接納的決定遭反對" on the front of it. (6) If- (a) the Returning Officer determines under subsection (2) that a ballot paper shall not be counted pursuant to section 62 for- (i) having on it any writing or mark by which, in the opinion of the Returning Officer, the elector can possibly be identified; (ii) being a ballot paper described in section 62(b) or (c); or (iii) being void for uncertainty; or (b) any ballot paper is not to be counted pursuant to section 62(e), (f), (g) or (h), the Returning Officer shall prepare a statement regarding such ballot paper. (7) A statement prepared under subsection (6) shall show the respective number of ballot papers under the following heads- (a) having on it any writing or mark by which the elector can possibly be identified; (b) not marked in accordance with section 48(1), (2) or (3) (as the case may be); (c) substantially mutilated; (d) void for uncertainty; (e) endorsed with the words "TENDERED" and "重複"; (f) endorsed with the words "UNUSED" and "未用"; (g) endorsed with the words "SPOILT" and "損壞"; and (h) unmarked. (8) A determination made under subsection (2) shall be final. (9) For the avoidance of doubt, it is declared that the Returning Officer shall not make a determination not to count a ballot paper solely for the reason that the ballot paper is stamped with the words "DECEASED" and "已故" or "DISQUALIFIED" and "喪失資格", as the case may be, in accordance with section 33(3). ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 64 Verification of ballot paper account VerDate:01/06/2003 (1) The Returning Officer shall- (a) record the number of valid ballot papers; (b) record the number of ballot papers which are not counted pursuant to section 62; (c) verify the ballot paper account by comparing it with the numbers recorded under paragraphs (a) and (b); and (d) prepare a statement in writing as to the result of the verification ("verification statement"). (2) If- (a) the Returning Officer considers it necessary to do so; or (b) a candidate, an election agent or a counting agent present in the counting zone so requests, the Returning Officer shall, in preparing the verification statement, compare the ballot paper account with the numbers of ballot papers recorded by him under subsection (1)(a) and (b), the unused ballot papers, the spoilt ballot papers, the ballot papers that have not been issued and the counterfoils of the ballot papers that have been issued. (3) A candidate, an election agent or a counting agent may copy what is recorded on- (a) the ballot paper account; or (b) the verification statement. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 65 Result of counting and re-count VerDate:01/06/2003 (1) After the votes are counted and the ballot paper account is verified, the Returning Officer shall- (a) make known the result of the counting to- (i) the candidates who are present in the counting zone; and (ii) the election agent or a counting agent (if present in the counting zone) of a candidate who is not present; and (b) give them a reasonable opportunity to make a request under subsection (2). (2) A candidate or an election agent who is present in the counting zone may request the Returning Officer to count again the counted or re-counted votes. (3) The Returning Officer shall comply with a request under subsection (2) unless he is of the opinion that the request is unreasonable. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 66 Returning Officer to declare election result VerDate:01/06/2003 (1) When the counting of the votes and re-counts, if any, are completed and the result of the election determined, the Returning Officer shall declare as elected the candidate who was successful at the election under section 31(7) of the Election Ordinance. (2) If, before declaring a successful candidate to be elected, it comes to the knowledge of the Returning Officer that the candidate has died or is disqualified from being elected, section 21(3), (4), (5) and (6) applies. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 67 Notice of election result VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) The Returning Officer shall, as soon as practicable after declaring the election result in accordance with section 66(1)- (a) display a notice of the result of the election in a prominent place immediately outside the counting station; and (b) send a copy of the notice of the result of the election to- (i) the Chairman of the Commission; (ii) the Secretary for Constitutional and Mainland Affairs; (L.N. 130 of 2007) (iii) the Secretary for Home Affairs; (iv) the Director of Home Affairs; and (v) the Chief Electoral Officer. (2) The Returning Officer shall, within 10 days after the date of declaring the election result in accordance with section 66(1), publish a notice in the Gazette, as provided in section 36(1) of the Election Ordinance. (3) A notice referred to in subsection (1) or (2)- (a) for an Existing Village shall be in Form 1 set out in Schedule 2; (b) for an Indigenous Village shall be in Form 2 set out in Schedule 2; or (c) for a Composite Indigenous Village shall be in Form 3 set out in Schedule 2. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 68 Ballot papers to be sealed VerDate:01/06/2003 PART 7 DISPOSAL OF DOCUMENTS (1) The Returning Officer shall, in the counting zone, as soon as practicable after that Officer has ascertained the result of the poll, make up into separate sealed packets- (a) the counted ballot papers; (b) the counterfoils of the ballot papers that have been issued; (c) the ballot papers that have not been issued; and (d) the ballot papers that are not counted pursuant to section 62. (2) The Returning Officer shall endorse on each sealed packet- (a) a description of its contents; (b) the date of the election; and (c) the name and the type of the Village concerned. (3) A candidate, an election agent or a counting agent may be present when the Returning Officer makes up the sealed packets and endorses them. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 69 Ballot papers, accounts, packets, etc. to be sent to Director of Home Affairs VerDate:01/06/2003 The Returning Officer shall, as soon as practicable after that Officer has discharged his duties under section 68, send to the Director of Home Affairs- (a) the ballot paper account; (b) the statement prepared under section 63(6); (c) the verification statement; (d) the sealed packets made up under section 68(1); (e) all nomination forms delivered to him in accordance with section 7(1); (f) all notices of withdrawal (if any) delivered to him in accordance with section 14(2); (g) all notices of appointment given to him under section 24(2), 36(4) or 56(4); (h) all notices of revocation given to him under section 24(4), 36(6) or 56(6); and (i) any other documents relating to the election for the Village concerned as specified by the Commission. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 70 Inspection of ballot paper kept by Director of Home Affairs VerDate:01/06/2003 The Director of Home Affairs shall not permit any person to inspect any ballot paper sent to him under section 69 other than on an order made by a court in proceedings relating to an election petition or in other legal proceedings. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 71 Retention of election documents VerDate:01/06/2003 The Director of Home Affairs shall- (a) retain in his custody the documents sent to him under section 69 for 6 months after the date of declaring the result of the election to which they relate in accordance with section 66(1); and (b) unless otherwise directed by an order made by a court in proceedings relating to an election petition or in other legal proceedings, destroy the documents after the expiry of those 6 months. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 72 Postponement or adjournment of polling at all polling stations or counting of votes at all counting stations VerDate:01/06/2003 PART 8 POSTPONEMENT OR ADJOURNMENT OF ELECTION PROCEEDINGS (1) The Commission may direct- (a) the postponement of the poll for an election if, before the commencement of polling, the Commission is of the opinion that the poll; or (b) the postponement of the counting of the votes in respect of the poll for an election if, before the commencement of counting, the Commission is of the opinion that the counting, is likely to be obstructed, disrupted, undermined or seriously affected by- (c) a typhoon or other climatic condition of a serious nature; (d) riot or open violence or any other occurrence of public danger; or (e) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting. (2) The Commission may direct- (a) the adjournment of the poll for an election if, during the polling, the Commission is of the opinion that the poll; or (b) the adjournment of the counting of the votes in respect of the poll for an election if, during the counting, the Commission is of the opinion that the counting, is likely to be or is being obstructed, disrupted, undermined or seriously affected by- (c) a typhoon or other climatic condition of a serious nature; (d) riot or open violence or any other occurrence of public danger; or (e) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting. (3) Subject to section 45(3), an elector who has cast a vote at a poll adjourned under subsection (2) is not entitled and shall not be allowed to cast a vote again at the resumed polling. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 73 Adjournment of polling at a particular polling station or counting of votes at a particular counting station VerDate:01/06/2003 (1) The Presiding Officer appointed for a polling station may, after consulting the Returning Officer, direct the adjournment of a poll for an election at that polling station if, during the polling, the Presiding Officer is of the opinion that the poll is likely to be or is being obstructed, disrupted, undermined or seriously affected by- (a) a typhoon or other climatic condition of a serious nature; (b) riot or open violence or any other occurrence of public danger; or (c) an occurrence which appears to the Presiding Officer to be a material irregularity relating to the election, the poll or the counting concerned. (2) The Returning Officer may direct the adjournment of the counting of the votes in respect of the poll for an election at a counting station if, during the counting, that Officer is of the opinion that the counting is likely to be or is being obstructed, disrupted, undermined or seriously affected by- (a) a typhoon or other climatic condition of a serious nature; (b) riot or open violence or any other occurrence of public danger; or (c) an occurrence which appears to that Officer to be a material irregularity relating to the election, the poll or the counting. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 74 Publication of postponement or adjournment of polling or counting VerDate:01/06/2003 (1) If the Commission directs the postponement or adjournment of- (a) a poll; or (b) the counting of the votes in respect of a poll, it shall publish the direction in such manner as it considers practicable. (2) If a Presiding Officer directs the adjournment of a poll at a polling station, he shall publish the direction in such manner as he considers practicable. (3) If a Returning Officer directs the adjournment of the counting of the votes at a counting station, he shall publish the direction in such manner as he considers practicable. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 75 Procedure after adjournment of polling VerDate:01/06/2003 (1) If a poll is adjourned, the Presiding Officer shall, as soon as practicable after receiving the direction under section 72(2) or giving the direction under section 73(1), as the case may be, make up into separate sealed packets- (a) the counterfoils of the ballot papers that have been issued; (b) the ballot papers that have not been issued; (c) the unused ballot papers; (d) the spoilt ballot papers; and (e) the marked copy of the final register, and, at a polling station used for polling for more than one Village, make separate sealed packets for each Village, in the presence of the persons who are present in the polling station. (2) The Presiding Officer shall, as soon as practicable after complying with subsection (1), deliver- (a) the sealed ballot box or boxes; and (b) the sealed packets referred to in subsection (1), to the Returning Officer or the relevant Returning Officers. (3) If it is impracticable to make delivery under subsection (2), the Presiding Officer shall deposit the sealed ballot box or boxes and sealed packets in- (a) a safe place within the polling station; (b) if there is no safe place referred to in paragraph (a), a safe place within a police station or a public building close to the polling station; or (c) if there is no safe place referred to in paragraph (a) or (b), a safe place within a secure building close to the polling station, until the delivery becomes practicable. (4) Upon the delivery to the Returning Officer or the relevant Returning Officers of the sealed ballot box or boxes and sealed packets under subsection (2), the Returning Officer or the relevant Returning Officers shall- (a) take such steps as are determined by the Commission for the purpose of ensuring the safety and security of the sealed ballot box or boxes and sealed packets; and (b) remain in charge of the sealed ballot box or boxes and sealed packets and be responsible for their safety and security until the resumption of the poll. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 76 Procedure after postponement or adjournment of counting VerDate:01/06/2003 If the counting of the votes in respect of a poll is postponed or adjourned, the Returning Officer shall- (a) (in the case of adjournment) cease the counting; (b) deposit the ballot box or ballot boxes (whether opened or not), the ballot papers (whether counted or not), the verification statement, all other materials delivered to him under section 53(2) and such other materials relating to the election as he considers appropriate in- (i) a safe place within the counting station; (ii) if there is no safe place referred to in subparagraph (i), a safe place within a police station or a public building close to the counting station; or (iii) if there is no safe place referred to in subparagraph (i) or (ii), a safe place within a secure building close to the counting station; (c) take such steps as are determined by the Commission for the purpose of ensuring the safety and security of the materials so deposited; and (d) remain in charge of the materials so deposited and be responsible for their safety and security until the conduct or resumption of the counting of the votes. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 77 Resumption of postponed or adjourned polling or counting VerDate:01/06/2003 (1) If a poll is postponed, the Commission shall appoint- (a) a date within the prescribed period after the date of the postponed poll as the new polling day; and (b) the polling hours on the new polling day. (2) If a poll is adjourned, the Commission shall appoint- (a) a date within the prescribed period after the date of the adjourned poll as the day on which the polling shall resume; and (b) the polling hours for the resumed polling. (3) If the counting of the votes in respect of a poll is postponed, the Commission shall appoint a date within the prescribed period after the date of the postponed counting as the day on which the counting shall be conducted. (4) If the counting of the votes in respect of a poll is adjourned, the Commission shall appoint a date within the prescribed period after the date of the adjourned counting as the day on which the counting shall resume. (5) As soon as practicable after an appointment under subsection (1), (2), (3) or (4), as the case may be, is made, the Commission shall- (a) publish a notice of the appointment in the Gazette; or (b) announce the appointed date and, where applicable, the appointed polling hours by such other means as the Commission considers appropriate. (6) The appointment of a date under this section for holding a village by-election shall be subject to section 21(2) and (3) of the Election Ordinance. (7) In subsections (1), (2), (3) and (4), "prescribed period" (訂明限 期) means- (a) 2 days in the case of- (i) a postponement under section 72(1) due to an occurrence referred to in section 72(1)(e); (ii) an adjournment under section 72(2) due to an occurrence referred to in section 72(2)(e); (iii) an adjournment under section 73(1) due to an occurrence referred to in section 73(1)(c); or (iv) an adjournment under section 73(2) due to an occurrence referred to in section 73(2)(c); or (b) 14 days in any other case. "prescribed period" (訂明限期) ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 78 Certain officers cannot act as candidate's agent VerDate:01/06/2003 PART 9 MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS A Returning Officer, an Assistant Returning Officer, a Presiding Officer, a polling officer and a counting officer may not act as- (a) an election agent; (b) an election expense agent; (c) a polling agent; or (d) a counting agent, in relation to an election. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 79 Employees of candidates shall not act as electoral officers VerDate:01/06/2003 No person shall, while in the employment of a candidate, act as- (a) a Returning Officer; (b) an Assistant Returning Officer; (c) a Presiding Officer; (d) a polling officer; or (e) a counting officer, at an election. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 80 Act done in the absence of candidates or agents still valid VerDate:01/06/2003 If an act is required or authorized under this Regulation to be done in the presence of- (a) a candidate or all candidates; or (b) an election agent, a polling agent or a counting agent, that act shall not be invalid solely for the reason that such person or persons are not present when the act is performed. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 81 Declaration of secrecy VerDate:01/06/2003 (1) No person (other than a person specified in subsection (2)) shall- (a) enter a polling station or a counting zone without making a declaration of secrecy in the specified form; or (b) stay in a polling station or a counting zone without carrying with him the declaration of secrecy. (2) The following persons are specified for the purposes of subsection (1)- (a) an elector who comes to a polling station for the purpose of voting; (b) a child accompanying an elector who comes to a polling station for the purpose of voting; (c) a police officer on duty at a polling station or a counting station; and (d) a member of the Civil Aid Service on duty at a polling station or a counting station. (3) A declaration of secrecy- (a) by a Returning Officer shall be made in the presence of a commissioner defined in section 2 of the Oaths and Declarations Ordinance (Cap 11); or (b) by any other person shall be made in the presence of- (i) a Returning Officer; (ii) a member of the Commission; (iii) a justice of the peace; (iv) a commissioner referred to in paragraph (a); or (v) the Chief Electoral Officer. ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 82 Secrecy VerDate:01/06/2003 (1) No person shall- (a) subject to subsection (2), divulge to any person whether an elector has or has not applied for a ballot paper or voted; (b) communicate to another person any information obtained at the counting of the votes as to the candidate for whom a vote has been given on any particular ballot paper; (c) interfere with an elector when he is marking the ballot paper; (d) interfere with or attempt to interfere with a ballot box, a ballot paper (including a ballot paper that has not been counted pursuant to section 62), a copy of the final register, a statement prepared under section 63(6) or a verification statement; (e) without the permission of the Returning Officer or the Presiding Officer, obtain or attempt to obtain in any manner within a polling station, a no canvassing zone or a no staying zone information as to the candidate for whom an elector is about to vote or has voted; (f) communicate to another person any information obtained within a polling station as to the candidate for whom an elector is about to vote or has voted; or (g) directly or indirectly induce an elector to display a ballot paper marked by the elector so as to make known to any person any information as to the candidate for whom the elector has voted. (2) Subsection (1)(a) does not apply to- (a) any act authorized by law; or (b) anything done at the direction of a police officer or an officer of the Independent Commission Against Corruption investigating an offence under- (i) sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap 201); (ii) section 13B of the Independent Commission Against Corruption Ordinance (Cap 204); (iii) the Electoral Affairs Commission Ordinance (Cap 541); or (iv) the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554). ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 83 Manner of giving notice VerDate:01/06/2003 (1) Notices under the following provisions may be sent by hand, by post or by facsimile transmission- (a) section 12(1) (decision on validity of nomination); (b) section 24(2) (appointment of election agents or election expense agents); (c) section 24(4) (revocation of appointment of election agents or election expense agents); (d) section 25(1) (notice to candidates of appointment of election agents); (e) section 29(1) (polling notice); (f) section 34(2) (boundaries of no canvassing zone and no staying zone); (g) section 34(5) (var