Cap. 541D 《選舉管理委員會(選舉程序)(立法會)規例》Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation

As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the geographical constituencies, a notice which complies with subsection (2).

A notice referred to in subsection (1) must state in relation to each geographical constituency—

As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the functional constituencies, a notice which complies with subsection (2).

A notice referred to in subsection (1) must state in relation to each functional constituency—

As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the Election Committee constituency, a notice that complies with subsection (2).

A notice mentioned in subsection (1) must state—

Subject to subsections (2) and (3), the nomination period is to be determined by the Chief Electoral Officer.

The nomination period must not begin earlier than the date on which the election notice or the by-election notice, as the case may be, is published in the Gazette. The nomination period must not be less than 14 days or more than 21 days. (L.N. 65 of 2000)

The nomination period must end not less than 28 days and not more than 42 days before the date on which the relevant election is to be held.

Despite subsections (2) and (3), the nomination period may be longer than 21 days and may end during the period of 28 days before the date on which the relevant election is to be held if the nomination period is extended under section 2A(3). (12 of 2014 s. 6)

Subject to section 36(2) of the Legislative Council Ordinance (Cap. 542), as soon as practicable after a declaration referred to in section 36(1)(a), (c) or (cb), or a determination referred to in section 36(1)(d), of that Ordinance is made, in order to hold a by-election for the purposes of that section 36(1), the Chief Electoral Officer must publish in the Gazette, a notice in accordance with this section. (L.N. 65 of 2000; 14 of 2021 s. 84)

If a by-election is to be held for a geographical constituency or geographical constituencies, the by-election notice must state the name of the geographical constituency or each geographical constituency for which the by-election is to be held, and the number of Members to be returned for the geographical constituency or each geographical constituency at the by-election.

If a by-election is to be held for a functional constituency or functional constituencies, the by-election notice must state the name of the functional constituency or each functional constituency for which the by-election is to be held, and the number of Members to be returned for the functional constituency or each functional constituency at the by-election.

(Repealed L.N. 84 of 2004)

If a by-election is to be held for the Election Committee constituency, the by-election notice must state the number of Members to be returned for that constituency at the by-election. (14 of 2021 s. 84)

In each case referred to in subsections (2), (3) and (4A), the by-election notice must state the date on which the by-election is to be held. (L.N. 84 of 2004; 14 of 2021 s. 84)

The by-election notice must also state that a poll will be held on the relevant date referred to in subsection (5), if the number of candidates validly nominated for the geographical constituency, functional constituency or Election Committee constituency exceeds the number of Members to be returned for that constituency at the by-election. (L.N. 84 of 2004; 14 of 2021 s. 84)

The by-election notice must also state—

A person is to be nominated as a candidate for a geographical constituency by submitting to the Returning Officer a nomination form that complies with this section. (L.N. 73 of 2011; 14 of 2021 s. 85)

The nomination form must be submitted in accordance with this section. (11 of 2019 s. 18; 14 of 2021 s. 85)

The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C).

The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form. (14 of 2021 s. 85)

The nomination form must contain a declaration by the candidate to the effect that the candidate—

The nomination form—

The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form. (14 of 2021 s. 85)

The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004)

The nomination form must contain other particulars (if any) required to be furnished on that form.

The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied— (14 of 2021 s. 85)

Only 1 person can be nominated by each nomination form. (14 of 2021 s. 85)

The nomination form must be submitted to the Returning Officer within the nomination period at the specified address.

The nomination form must be submitted by the candidate— (14 of 2021 s. 85)

A person is to be nominated as a candidate for a functional constituency by submitting to the Returning Officer a nomination form that complies with this section. (L.N. 73 of 2011; 14 of 2021 s. 86)

The nomination form must be submitted in accordance with this section.

The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C).

The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form.

The nomination form must contain a declaration by the candidate to the effect that he or she—

The nomination form—

The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form.

The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004)

In the case of an elector other than a natural person, the subscription of the nomination form by that elector may only be effected by that elector’s authorized representative. (L.N. 147 of 1998; 14 of 2021 s. 86)

The nomination form must contain other particulars (if any) required to be furnished on that form. (L.N. 147 of 1998)

The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied— (L.N. 147 of 1998; 14 of 2021 s. 86)

Only 1 person can be nominated by each nomination form. (14 of 2021 s. 86)

The nomination form must be submitted to the Returning Officer within the nomination period at the specified address. (L.N. 147 of 1998)

The nomination form must be submitted by the candidate— (L.N. 147 of 1998; 14 of 2021 s. 86)

A person is to be nominated as a candidate for the Election Committee constituency by submitting to the Returning Officer a nomination form that complies with this section.

The nomination form must be submitted in accordance with this section.

The nomination form must be—

The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form.

The nomination form must contain a declaration by the candidate to the effect that the candidate—

The nomination form—

The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form.

The nomination form must—

The nomination form must contain other particulars (if any) required to be furnished on that form.

The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—

Only 1 person can be nominated by each nomination form.

The nomination form must be submitted to the Returning Officer within the nomination period at the specified address.

The nomination form must be submitted by the candidate—

The Returning Officer may accept a nomination form only if it is accompanied by the appropriate deposit.

When the Returning Officer receives the appropriate deposit, that Officer must issue a receipt for the amount of the deposit.

The Returning Officer must, as soon as practicable after receiving a nomination form, forward the form to the Candidate Eligibility Review Committee. (14 of 2021 s. 89)

The Candidate Eligibility Review Committee must, as soon as practicable after receiving a nomination form forwarded by the Returning Officer, decide whether a candidate is validly nominated. (14 of 2021 s. 89)

If section 10, 11 or 12A (as may be applicable), and sections 37, 39 and 40 of the Legislative Council Ordinance (Cap. 542), are complied with in relation to a candidate, the candidate stands validly nominated unless— (L.N. 84 of 2004; 14 of 2021 s. 89)

Without prejudice to sections 37, 39 and 40 of the Legislative Council Ordinance (Cap. 542), the Candidate Eligibility Review Committee may decide that a nomination is invalid if and only if— (14 of 2021 s. 89)

In deciding whether a candidate is validly nominated for a constituency, the Candidate Eligibility Review Committee—

The matters specified for subsection (3A)(a) are—

For the purposes of subsection (3B)(b), the Returning Officer is not to advise on whether a candidate has complied with section 40(1)(b)(i) of the Legislative Council Ordinance (Cap. 542). (14 of 2021 s. 89)

In this section, a reference to section 37, 39 or 40 of the Legislative Council Ordinance (Cap. 542) being complied with in relation to a candidate for constituency is to be construed as follows—

If the Returning Officer detects on a nomination form—

and the Returning Officer considers that it can be rectified within the nomination period, that Officer may, before forming an opinion for the purposes of section 16(3A)(a) and (3B)(c) as to whether the nomination form is valid, give the candidate a reasonable opportunity to rectify it. (14 of 2021 s. 91)

(Repealed 14 of 2021 s. 91)

A nomination form cannot be rectified under this section after the expiry of the nomination period.

If the Candidate Eligibility Review Committee decides that the nomination of a candidate is invalid, the Committee must endorse on the nomination form the decision and the reasons for it. (14 of 2021 s. 92)

The Candidate Eligibility Review Committee must sign an endorsement under subsection (1). (14 of 2021 s. 92)

The Candidate Eligibility Review Committee must, after deciding whether a person is validly nominated—

The Returning Officer must send a notice of a decision of the Candidate Eligibility Review Committee that a person is validly nominated or is not validly nominated to the person concerned and each validly nominated candidate for the constituency concerned. (L.N. 84 of 2004; 14 of 2021 s. 92)

A notice under subsection (3) must be sent to the address of the candidate as given on the nomination form. (L.N. 143 of 2019)

A withdrawal of candidature for the purposes of section 42 of the Legislative Council Ordinance (Cap. 542) is to be effected by giving a notice of withdrawal to the Returning Officer in accordance with subsection (2).

The following applies to a notice of withdrawal—

The Candidate Eligibility Review Committee must, within 14 days of the expiry of the nomination period, publish a notice in the Gazette which complies with this section. (14 of 2021 s. 93)

A notice under subsection (1) must be published for—

For the purposes of subsection (2)(a)—

For the purposes of subsection (2)(b), a separate notice must be published for the Election Committee constituency. (14 of 2021 s. 93)

A notice published for a geographical constituency must state—

(Repealed 14 of 2021 s. 93)

A notice published for a functional constituency must state— (L.N. 73 of 2011; 14 of 2021 s. 93)

(Repealed L.N. 84 of 2004)

A notice published for the Election Committee constituency must state—

A notice under this section must be in the specified form.

(Repealed 14 of 2021 s. 93)

If, for a geographical constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)

If, for a functional constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)

(Repealed L.N. 84 of 2004)

If, for the Election Committee constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)

A notice under subsection (1), (2) or (3A) must— (L.N. 84 of 2004; 14 of 2021 s. 94)

A notice under section 42B(1) of the Legislative Council Ordinance (Cap. 542) is to be given in writing, by the Returning Officer concerned, as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer, to— (L.N. 84 of 2004)

The Returning Officer under subsection (1) must—

Declarations under section 42B(2) of the Legislative Council Ordinance (Cap. 542) are to be made, by the Returning Officer concerned, as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer— (L.N. 84 of 2004)

A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 95)

A public announcement under subsection (3)(c) must state—

(Repealed 14 of 2021 s. 95)

A notice under section 42B(4) of the Legislative Council Ordinance (Cap. 542) is to be given in writing, by the Returning Officer concerned, as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of the Candidate Eligibility Review Committee, to— (L.N. 29 of 2004; L.N. 84 of 2004; 14 of 2021 s. 96)

The Candidate Eligibility Review Committee must—

Declarations under section 42B(5) of the Legislative Council Ordinance (Cap. 542) are to be made by the Candidate Eligibility Review Committee, as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of the Committee— (L.N. 84 of 2004; L.N. 66 of 2008; 14 of 2021 s. 96)

A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 96)

A public announcement under subsection (3)(c) must state—

(Repealed 14 of 2021 s. 96)

If, after the death referred to in section 22A(1) or the disqualification referred to in section 22B(1)—

the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that no poll is to be held for the constituency. (L.N. 84 of 2004; L.N. 73 of 2011)

The Returning Officer must in the notice under section 22A(3)(a), if any, or in a separate notice— (14 of 2021 s. 97)

A separate notice containing a declaration under subsection (2)(a) or (c)(i) must—

A separate notice containing a declaration under subsection (2)(b) or (c)(ii) must comply with section 97B(1).

(Repealed 14 of 2021 s. 97)

(Repealed 14 of 2021 s. 98)

Each candidate for a constituency may appoint 1 person as the candidate’s election agent. (14 of 2021 s. 98)

(Repealed L.N. 84 of 2004)

Only a holder of an identity card who has attained the age of 18 years may be appointed as an election agent. (L.N. 147 of 1998)

A candidate must give notice of appointment of the candidate’s election agent to the Returning Officer. (14 of 2021 s. 98)

The appointment of an election agent is not effective until notice of the appointment is received by the Returning Officer.

A notice of appointment must be in writing and state the name, identity card number and residential address of the election agent. (L.N. 65 of 2000; L.N. 66 of 2008; 12 of 2014 s. 54)

The notice must be signed by the candidate. (14 of 2021 s. 98)

A candidate cannot have more than one election agent at any one time. (14 of 2021 s. 98)

If the appointment of an election agent is revoked, notice of revocation must be given to the Returning Officer by the candidate as soon as possible after the revocation. (L.N. 147 of 1998; 14 of 2021 s. 98)

A notice of revocation must be in writing and be signed by the candidate. (14 of 2021 s. 98)

The revocation of the appointment of an election agent is not effective until notice of the revocation is received by the Returning Officer.

If at any time an election agent dies or the appointment of an election agent is revoked, the candidate may appoint a replacement. (14 of 2021 s. 98)

The appointment of a replacement must be in accordance with the requirements of this section.

A notice of appointment or a notice of revocation under this section must be— (12 of 2014 s. 54)

Subject to subsection (18), an election agent may do all things which a candidate may do under this Regulation in connection with an election. Any such act of the election agent is effective as if it had been done by the candidate in person. (12 of 2014 s. 76; 14 of 2021 s. 98)

An election agent may not—

The Commissioner of Correctional Services must not give consent to an election agent under subsection (18)(d) in respect of a polling station if a polling agent has been appointed under section 42 by the same candidate for that polling station. (L.N. 130 of 2009; 14 of 2021 s. 98)

Despite subsection (18)(d), the Commissioner of Correctional Services may, on an application made under that subsection during the week before polling day, give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 54)

If the Commissioner of Correctional Services refuses to give consent under subsection (18)(d), the Commissioner must notify the candidate or the election agent as soon as practicable. (L.N. 130 of 2009; 14 of 2021 s. 98)

(Repealed 14 of 2021 s. 99)

The Returning Officer must send to every candidate for a constituency a notice containing the particulars of the election agents of the other candidates for that constituency. (L.N. 73 of 2011; 14 of 2021 s. 99)

(Repealed L.N. 84 of 2004)

If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the candidates that Officer is required to send a notice under subsection (2). (L.N. 84 of 2004; 14 of 2021 s. 99)

The Returning Officer must send a notice under subsection (2) within 10 days of the expiry of the relevant nomination period. (L.N. 84 of 2004; 14 of 2021 s. 99)

If the appointment of the election agent is made after the notice period referred to in subsection (5), or if a replacement is appointed under section 23(14), the Returning Officer must send a notice of the particulars as soon as practicable after that Officer receives notice of the appointment or replacement, as the case may be. (L.N. 147 of 1998; 12 of 2014 s. 7)

The Returning Officer must also display in a prominent place outside that Officer’s office, a notice of the particulars of the election agents.

A notice under this section must be in the specified form.

A notice required to be sent to a candidate under subsection (2) may be sent to the election agent instead of to the candidate. (L.N. 147 of 1998; L.N. 84 of 2004; 14 of 2021 s. 99)

(Repealed L.N. 65 of 2000)

Only a person who has attained the age of 18 years may be authorized as an election expense agent to incur election expenses at or in connection with an election. (L.N. 65 of 2000)

An authorization of such an election expense agent must be in writing and in the specified form and state the name, identity document number and residential address of the person authorized. (L.N. 65 of 2000)

The authorization must specify the maximum amount of election expenses that the election expense agent is authorized to incur. (L.N. 65 of 2000)

The authorization must be signed by the candidate making the authorization. The authorization must also be signed by the person authorized. (L.N. 65 of 2000; 14 of 2021 s. 100)

A copy of the authorization must be served—

A copy of the authorization may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 55)

The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard an authorization of an election expense agent to incur election expenses at or in connection with an election as being effective, for any purpose related to the election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer. (L.N. 65 of 2000)

(Repealed L.N. 65 of 2000)

If the authorization of an election expense agent to incur election expenses at or in connection with an election has been revoked, a written notice of the revocation must be served as soon as possible— (L.N. 66 of 2008)

The notice of revocation must be in the specified form and signed by the candidate who made the authorization. (L.N. 65 of 2000; 14 of 2021 s. 100)

The notice of revocation may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 55)

If the authorization of an election expense agent to incur election expenses at or in connection with an election has been revoked, the Returning Officer or the Chief Electoral Officer, as the case may be, is to regard the revocation as being effective, for any purpose related to the election for which the revocation is relevant, only when the relevant Officer receives the notice of revocation. (L.N. 147 of 1998; L.N. 65 of 2000)

(Repealed L.N. 65 of 2000)

Subject to subsections (2A) and (2B), the hours during which electors can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (L.N. 130 of 2009)

The Chief Electoral Officer may appoint different polling hours for different constituencies or for different polling stations. (L.N. 84 of 2004)

The Commissioner of Correctional Services may assign a time slot during the polling hours appointed for a dedicated polling station situated in a prison to an elector in custody to whom the polling station is allocated under section 30. (L.N. 130 of 2009)

Subject to section 53A, an elector to whom a time slot is assigned under subsection (2A) may only cast his or her vote during the time slot. (L.N. 130 of 2009)

The Chief Electoral Officer must appoint the polling hours so as to give the electors a reasonable opportunity to vote.

The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 130 of 2009)

The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette, a notice specifying— (L.N. 84 of 2004; 14 of 2021 s. 101)

The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all electors to whom time slots are assigned under subsection (2A) of the time slot assigned to each of them. (L.N. 130 of 2009)

The Chief Electoral Officer must designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 130 of 2009; 12 of 2014 s. 97)

The Chief Electoral Officer may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 84 of 2004)

The Chief Electoral Officer must designate a polling station at which less than 500 electors are allocated to vote as a small polling station. (L.N. 84 of 2004 and L.N. 140 of 2004)

Without affecting subsection (1B), the Chief Electoral Officer must designate one or more places as a dedicated polling station or dedicated polling stations at which electors in custody or authorized representatives in custody are allocated to vote. (L.N. 130 of 2009)

If in relation to a geographical constituency, 2 or more polling stations have been designated and one or more than one of them is a small polling station, dedicated polling station or ECC polling station, the Chief Electoral Officer must designate a polling station (other than a small polling station, dedicated polling station or ECC polling station) as a main counting station for the purpose of counting the votes cast at the polling station and the small polling stations, dedicated polling stations or ECC polling stations, as may be appropriate. (L.N. 84 of 2004 and L.N. 140 of 2004; L.N. 130 of 2009; 14 of 2021 s. 102)

The Chief Electoral Officer may designate under subsection (1)—

The Chief Electoral Officer may hire any structure, place or premises or a part of a structure, place or premises to designate as a polling station or a counting station.

The Chief Electoral Officer may designate a place described in subsection (2) in addition to or in substitution of a place designated under this section as a polling station or a counting station. The Chief Electoral Officer must publish notice of such designation. The notice may be published in a manner that Officer thinks fit.

The Chief Electoral Officer must ensure that there are sufficient polling stations and counting stations to enable polling and counting of the votes to take place smoothly and efficiently.

The Chief Electoral Officer must make available, at that Officer’s office, for public inspection, a list of the polling stations and counting stations.

The Chief Electoral Officer must, in the case of a polling station or a counting station which is not a Government building—

due to their having been used as a polling station or a counting station.

The Chief Electoral Officer may take such steps as that Officer considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any structure, place or premises as a polling station or a counting station.

The Chief Electoral Officer may—

For the purposes of section 28(1)(a), (b) or (c), the Chief Electoral Officer may, by written notice, require an owner or occupier of any target premises to—

The steps specified for the purposes of subsection (1)(b) are—

If any target premises are used as a polling station or counting station as a result of a person’s compliance with a requirement made under subsection (1), the Chief Electoral Officer must pay to the person a user fee for the period during which the premises are so used.

The amount of the user fee payable under subsection (3) is to be—

A user fee payable under subsection (3) is to be paid out of the general revenue.

A person who fails to comply with a requirement made under subsection (1) is liable to pay a financial penalty of $50,000, which is recoverable as a civil debt due to the Government.

In this section—

If the polling station or polling stations designated by the Chief Electoral Officer for a constituency would be difficult of access for persons with a disability, the Chief Electoral Officer must designate one or more polling stations as special polling station or stations to be used for voting by them. (12 of 2014 s. 98)

Only a polling station which is, in the opinion of the Chief Electoral Officer, suitable for use by persons referred to in subsection (1) may be designated as a special polling station.

The Chief Electoral Officer may designate the same place as a special polling station for use by persons referred to in subsection (1) and a polling station for use by other electors. (L.N. 84 of 2004)

In a notice published under section 28(1), the Chief Electoral Officer must indicate—

(Repealed 12 of 2014 s. 98)

The Chief Electoral Officer may assign—

Despite subsection (1), the Chief Electoral Officer may, in relation to a general election, make arrangements for—

The Chief Electoral Officer must allocate to each elector and authorized representative a polling station or polling stations to cast the vote or votes he or she is entitled to cast at an election.

Under subsection (3), for the purposes of a general election, the Chief Electoral Officer—

The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector or authorized representative an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (3), to cast the vote or votes he or she is entitled to cast at an election. (L.N. 65 of 2000)

In this section, in relation to a person, the allocated polling station of the person is to be construed as the polling station, or the alternative polling station in addition thereto or in substitution thereof, that person is allocated under subsection (4)(a), (aa) or (ab) or subsection (4A). (L.N. 130 of 2009; 14 of 2021 s. 104)

To enable the Chief Electoral Officer to perform his or her functions under this section in relation to electors, the Commissioner of Correctional Services must, upon a request by the Chief Electoral Officer, provide the following information concerning every person who is serving a sentence of imprisonment or detained by the Correctional Services Department on remand—

To enable the Chief Electoral Officer to perform his or her functions under this section in relation to electors, the head of any law enforcement agency must, upon a request by the Chief Electoral Officer, provide the following information concerning every person who is detained by the law enforcement agency under any lawful authority—

Subject to subsections (3) and (4), for every contested election, at least 10 days before polling day, the Chief Electoral Officer must send a poll card to each elector and authorized representative.

A poll card need not be sent to an elector or authorized representative if—

A poll card need not be sent under subsection (1) to a corporate elector.

A poll card sent to an elector or authorized representative who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the elector or authorized representative and sent, as far as practicable, to the prison. (L.N. 130 of 2009)

If the Chief Electoral Officer receives notice of the substitution or replacement of an authorized representative within the 10 days preceding polling day, that Officer need not send a poll card to the substitute or replacement authorized representative. The Chief Electoral Officer must inform that substitute or replacement authorized representative of the polling station allocated to him or her in a manner that Officer thinks fit.

If a person is entitled to cast more than one vote at an election, the Chief Electoral Officer may send separate poll cards for each vote or send one poll card for all the votes.

The Chief Electoral Officer must state in the poll card or each poll card the polling station or stations at which the elector or authorized representative must cast his or her vote or votes.

Where an alternative polling station is allocated to an elector or authorized representative under section 30(4A), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—

Subject to subsection (2), a person may only vote at the polling station or polling stations allocated to him or her under section 30.

A person who is allocated a special polling station under section 33 may only vote at that special polling station.

An elector or authorized representative who claims to be a person with a disability and that access to the polling station which is allocated to him or her under section 30 is difficult for him or her due to the disability, may apply to the Chief Electoral Officer to vote at the special polling station designated for the constituency for which he or she is entitled to vote. (L.N. 84 of 2004)

An application under subsection (1) must be made at least 5 days before polling day. The application—

On receiving an application under subsection (1), the Chief Electoral Officer must, if satisfied that the application is well founded, allocate to the elector or authorized representative an appropriate special polling station to cast the vote he or she is entitled to cast at the election to which the application relates. (L.N. 65 of 2000)

The Chief Electoral Officer must inform the applicant in a manner that that Officer considers appropriate, the result of the application, as soon as practicable.

(Repealed L.N. 65 of 2000)

When the Chief Electoral Officer allocates a special polling station to an elector or authorized representative under this section, that Officer must, as soon as practicable, notify, in a manner that the Officer considers appropriate—

of the name, identity document number and registered residential address of that elector or authorized representative.

The Chief Electoral Officer must notify the persons referred to in subsection (6) of the constituency or constituencies for which the elector or authorized representative is entitled to vote. (L.N. 84 of 2004; 14 of 2021 s. 105)

The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector or authorized representative an alternative special polling station, in addition to or in substitution of the special polling station allocated under subsection (3), to cast the vote he or she is entitled to cast at the subsector election. (L.N. 65 of 2000)

Where an alternative special polling station is allocated to an elector or authorized representative under subsection (8), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—

The Chief Electoral Officer must appoint a person to preside at each polling station.

The Chief Electoral Officer may appoint, as polling officers, persons that Officer considers suitable to assist the Presiding Officer in the conduct of a poll. (L.N. 65 of 2000)

The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer made under subsection (1) or (2). (L.N. 84 of 2004; L.N. 66 of 2008)

Where the same place is designated as both a polling station and a counting station under section 28(1A), the Presiding Officer of the polling station is to be regarded as the Presiding Officer of the counting station. (L.N. 66 of 2008)

The Chief Electoral Officer must supply to each candidate for a geographical constituency a copy of the part of the final register which relates to the constituency for which that candidate is nominated. (14 of 2021 s. 106)

The Chief Electoral Officer must supply to each candidate for a functional constituency a copy of the part of the final register which relates to the constituency for which that candidate is nominated. (L.N. 73 of 2011; 14 of 2021 s. 106)

(Repealed L.N. 84 of 2004)

The Chief Electoral Officer must supply to each candidate for the Election Committee constituency a copy of the Election Committee final register. (14 of 2021 s. 106)

A copy under this section must be supplied to a candidate as soon as practicable after the relevant nomination form is submitted to the Returning Officer. There may be added to the copy any additional particulars or information the Chief Electoral Officer thinks fit to include.

The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.

The copy for the purposes of this section may be supplied to the election agent of a candidate instead of the candidate to whom it is required to be supplied.

The Chief Electoral Officer must supply to the Returning Officer for a geographical constituency or functional constituency a copy of the part of the final register relating to the constituency for which the Returning Officer is appointed. (14 of 2021 s. 107)

(Repealed L.N. 84 of 2004)

The Chief Electoral Officer must supply to the Returning Officer for the Election Committee constituency a copy of the Election Committee final register. (14 of 2021 s. 107)

A copy under this section must be supplied after the relevant notice of nominations is published.

There may be added to the copy the identity document numbers of the electors and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include.

The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.

The Chief Electoral Officer must provide at each polling station sufficient compartments as that Officer considers necessary to enable electors and authorized representatives to vote, screened from observation.

The Chief Electoral Officer must supply to each Presiding Officer, the number of ballot papers the Chief Electoral Officer considers necessary for the constituency or constituencies for which the polling station is to be used for polling. The Chief Electoral Officer must ensure that the name of any deceased or disqualified candidate regarding whom notice under section 22A(1) or 22B(1) is given or declarations under section 22A(3) or 22B(3) are made, and other information relating to that candidate, if printed on the ballot papers, are crossed out, or endorsed with a marking as directed by the Commission. (L.N. 84 of 2004; 1 of 2019 s. 31; 8 of 2025 s. 7)

The Chief Electoral Officer must also supply to the Presiding Officer a copy of the appropriate part of the final register or registers.

There may be added to the copy the identity document numbers of the electors and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include.

The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.

The Chief Electoral Officer must provide at each polling station—

that are necessary to enable electors and authorized representatives to mark ballot papers. (L.N. 65 of 2000)

The Chief Electoral Officer must do other acts and things as that Officer considers necessary for holding the poll effectively.

This section applies if—

The Presiding Officer of the polling station must ensure that a notice specified in subsection (3) is displayed in a prominent place—

The notice must state that—

The Chief Electoral Officer must supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which that Presiding Officer is appointed.

The Chief Electoral Officer must supply to the Returning Officer for a constituency a list of the polling officers appointed for the polling stations at which polling for that constituency is to take place. (L.N. 84 of 2004)

The Presiding Officer must display the list referred to in subsection (1) in a prominent place— (L.N. 73 of 2011)

The Presiding Officer of a polling station must ensure that a notice providing information for the guidance of electors and authorized representatives in voting procedure is— (L.N. 130 of 2009)

The Presiding Officer of a small polling station must ensure that, before the commencement of the poll, a notice providing information of the main counting station designated for counting the votes cast at the polling station is exhibited outside the polling station. (L.N. 84 of 2004 and L.N. 140 of 2004)

The Presiding Officer of a dedicated polling station must ensure that, before the commencement of the poll, there is exhibited inside the polling station a notice providing—

A notice under subsection (1) must be in the specified form.

The Returning Officer for a constituency must determine an area outside each polling station used for polling for that constituency as a no canvassing zone and an area within that area as a no staying zone. A no canvassing zone and a no staying zone are to be determined with reference to a map or plan. (L.N. 84 of 2004)

If a polling station is to be used for polling for more than one constituency, the determination of the no canvassing zone and the no staying zone is to be made by the Returning Officer specified for the purpose by the Chief Electoral Officer. (L.N. 84 of 2004)

(Repealed 14 of 2021 s. 109)

If the polling station is to be used only for one constituency, the Returning Officer for that constituency must give notice to the candidates for that constituency. (L.N. 73 of 2011; 14 of 2021 s. 109)

(Repealed L.N. 84 of 2004)

If a polling station is to be used for more than one constituency, and the Returning Officer who makes the determination is the Returning Officer for a constituency, that Officer must give notice to the candidates for that constituency and the Returning Officers for the other constituencies. (L.N. 84 of 2004)

Notice under subsection (4) or (6) must be given at least 7 days before polling day. (L.N. 84 of 2004; 14 of 2021 s. 109)

A Returning Officer who is given notice under subsection (6) must give notice to the candidates for the constituency for which that Officer is appointed as soon as practicable after that Officer receives the notice. (L.N. 84 of 2004)

A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both those areas in accordance with this section. Subject to subsection (13), notice of a variation must be given as soon as practicable after the variation in the same manner as notice of a no canvassing zone or a no staying zone is given under subsection (4), (6) or (8). (L.N. 84 of 2004; 14 of 2021 s. 109)

On polling day, the Returning Officer who has determined the no canvassing zone or the no staying zone (or subsequently varied it, if applicable) must display at or near the polling station a notice of the no canvassing zone and the no staying zone. That Officer must also indicate the boundaries of those zones in a manner that Officer thinks fit.

If after display under subsection (10), either or both of those areas are varied, the Returning Officer must display at or near the polling station a notice of the no canvassing zone or the no staying zone or both those zones, if appropriate, as varied.

A Returning Officer may perform any act which that Officer is required or authorized to perform under subsections (9), (10) and (11) through a Presiding Officer. (L.N. 66 of 2008)

A determination of a no canvassing zone or a no staying zone or the variation of such an area becomes effective only on the display of a notice under subsection (10) or (11), as may be applicable.

A notice of a variation under subsection (11) need not be given to the candidates if it is not reasonably practicable to do so before the close of the poll. Notice may be given to the election agent or polling agent of a candidate if present at the polling station.

A notice required to be given to a candidate under this section may be given to the election agent or polling agent of the candidate instead of to the candidate.

On polling day, a person must not—

A person may, on polling day, canvass for votes from door to door, without obstructing any person, on the storeys above or below street level, in a building within the no canvassing zone, which—

A person may, for the purpose of canvassing for votes as described in subsection (17), display or wear any badge, emblem, clothing or head-dress referred to in subsection (16)(ca). (L.N. 84 of 2004)

An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 73 of 2011)

The Presiding Officer must use that Officer’s best endeavours to ensure that a person does not, on polling day—

An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 73 of 2011)

If, on polling day, in a no canvassing zone or a no staying zone, a person—

order the person to leave the no canvassing zone or the no staying zone, as the case may be, immediately.

If a person fails to leave when ordered to do so under subsection (2), the person may be removed by— (L.N. 130 of 2009)

A person who is removed under subsection (3) may not enter the relevant zone again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so. (L.N. 84 of 2004)

The powers conferred by this section are not to be exercised so as to prevent a person from voting at the polling station allocated to that person.

Candidates may appoint persons to attend at polling stations on their behalf for any purpose connected with the conduct of a poll, in accordance with this section.

Polling agents may be appointed to attend only at the polling stations used for polling for the constituency for which the candidate is standing for election. (L.N. 84 of 2004; 14 of 2021 s. 110)

A candidate may appoint a maximum of 2 polling agents for each polling station. (14 of 2021 s. 110)

(Repealed 14 of 2021 s. 110)

(Repealed L.N. 84 of 2004)

Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent. (L.N. 147 of 1998)

A candidate must give notice of appointment of a polling agent to the Chief Electoral Officer at least 7 days before polling day. (L.N. 147 of 1998; L.N. 65 of 2000; 12 of 2014 s. 41)

A notice of appointment given under subsection (8) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 41)

Despite subsections (1), (3) and (8)— (14 of 2021 s. 110)

Despite subsection (8A)(d), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 41)

If the Commissioner of Correctional Services refuses to give consent under subsection (8A)(d), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 130 of 2009; 14 of 2021 s. 110)

A notice appointing a polling agent for a polling station other than a dedicated polling station situated in a prison must, if it is not given under subsection (8), be delivered on the polling day to the Presiding Officer of the polling station— (L.N. 130 of 2009)

Subject to subsection (8A)(d), the appointment of a polling agent is not effective until notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000; 12 of 2014 s. 41)

A notice of appointment must—

If the appointment of a polling agent is revoked, the candidate must give notice of the revocation to the Chief Electoral Officer or the Presiding Officer of the polling station in accordance with subsection (14) or (14A). (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 73 of 2011; 12 of 2014 s. 41)

A notice of revocation must be—

If the notice of revocation is given before polling day, it must be delivered to the Chief Electoral Officer by hand, by post, by electronic mail or by facsimile transmission. (L.N. 65 of 2000; L.N. 73 of 2011; 12 of 2014 s. 41)

If the notice of revocation is given on the polling day— (L.N. 73 of 2011)

The revocation of the appointment of a polling agent is not effective unless notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000)

The Chief Electoral Officer must delineate each polling station on one or more maps or plans. (L.N. 130 of 2009)

The Chief Electoral Officer must display a map or plan referred to in subsection (1)—

The Presiding Officer must demarcate clearly by marks, barriers or other means as that Officer thinks fit, the polling station in accordance with the map or plan referred to in subsection (1).

The Chief Electoral Officer and the Presiding Officer must carry out their functions under this section before the poll commences.

Except where it is provided otherwise in this Regulation, a person must not enter a polling station other than to vote.

Subject to subsections (4) and (5), in order to ensure that polling takes place smoothly and efficiently, the Presiding Officer may—

Without limiting subsection (2), the Presiding Officer may exclude from the polling station any person who is present in contravention of this section.

The Presiding Officer may not exclude from the polling station—

A person authorized by the Commission to be present in a polling station may be present in accordance with the terms of the authorization.

Subject to subsections (7), (8), (9), (10), (11) and (12), on behalf of each candidate, one polling agent of that candidate may be present in the polling station at any one time. (14 of 2021 s. 111)

Subsection (6) does not apply to a dedicated polling station situated in a maximum security prison. (L.N. 130 of 2009)

If a candidate is present in the polling station, the election agent or polling agent of that candidate may not be present in that polling station at the same time. (14 of 2021 s. 111)

If the election agent of a candidate is present in the polling station, a polling agent of that candidate may not be present in that polling station at the same time. (14 of 2021 s. 111)

A candidate, an election agent or polling agent may be present in the polling station subject to the availability of seats in the area designated to accommodate them.

A person referred to in subsection (9) who wishes to be admitted to the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his or her identity document and a declaration of secrecy completed on the specified form by him or her.

If the area referred to in subsection (9) is occupied to its full seating capacity, the Presiding Officer may refuse entry to the polling station to any person referred to in that subsection. That Officer may make arrangements for admitting them to the polling station later.

Only an election agent or polling agent regarding whom notice of appointment has been given under this Regulation may be present at a polling station on behalf of a candidate. (14 of 2021 s. 111)

If—

that Officer may permit the child to enter the polling station. (L.N. 65 of 2000)

The Presiding Officer must not exercise the powers conferred on that Officer under this section so as to prevent a person from voting at the polling station allocated to that person. (L.N. 147 of 1998)

Subject to subsection (6), if on polling day, within a polling station, a person—

contrary to a direction of the Returning Officer, Assistant Returning Officer, Presiding Officer or any polling officer not to do so, that person commits an offence. (L.N. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004)

A person who, on polling day, films or takes photographs or makes any audio or video recording within a polling station without—

commits an offence. (L.N. 65 of 2000)

A person who, on polling day, engages in the canvassing for votes or displays an election advertisement within a polling station commits an offence. (L.N. 65 of 2000)

A person who, on polling day, fails to comply with a lawful order given by the Returning Officer or the Presiding Officer or behaves in a disorderly manner in a no canvassing zone or a no staying zone or within or at a polling station or contravenes section 40(16) or 41(4), commits an offence.

A person who, without reasonable excuse, displays or wears, on polling day and within a polling station, any badge, emblem, clothing or head-dress which— (L.N. 84 of 2004)

commits an offence. (L.N. 65 of 2000)

Subsection (1) does not apply to—

A person who commits an offence— (L.N. 84 of 2004 and L.N. 140 of 2004)

The Presiding Officer must keep order at the polling station.

If, on polling day, in the polling station or its vicinity, a person—

order the person to leave the polling station or the vicinity of the polling station, as the case may be, immediately.

If an elector or authorized representative who is allocated to vote at a dedicated polling station fails to cast his or her vote without undue delay pursuant to section 54(4), the Returning Officer or the Presiding Officer may order him or her to leave the polling station immediately. (L.N. 130 of 2009)

If a person fails to leave when ordered to do so under subsection (2) or (2A), the person may be removed— (L.N. 130 of 2009)

A person who is removed under subsection (3) may not enter the relevant polling station again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so.

The powers conferred by subsection (2) are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. (L.N. 130 of 2009)

Immediately before the commencement of the poll, the Presiding Officer must show each ballot box, empty, to the persons, if any, as are then present within the polling station. Then the Presiding Officer must lock the ballot box, seal it with a seal provided for that purpose or any other device specified by the Chief Electoral Officer, so that it cannot be opened without breaking the seal or the device.

The Presiding Officer must place the ballot box for the receipt of ballot papers in that Officer’s view or in the view of any other polling officers, and must keep it locked and sealed. (L.N. 65 of 2000)

A ballot paper to be used to vote for a geographical constituency is to be in Form 1 in Schedule 3.

(Repealed 14 of 2021 s. 112)

(Repealed 14 of 2021 s. 112)

A ballot paper to be used to vote for a functional constituency is to be in Form 3(a), 3(b), 3(c) or 3(d) in Schedule 3, as appropriate. (L.N. 65 of 2000; L.N. 73 of 2011; 14 of 2021 s. 112; 8 of 2025 s. 9)

Subject to subsection (3B), a ballot paper to be used to vote for the Election Committee constituency is to be in Form 5(a) in Schedule 3. (14 of 2021 s. 112)

If the Commission has made a direction under section 58A(2) in relation to a by-election for the Election Committee constituency, a ballot paper to be used to vote at that by-election is to be in Form 5(b) in Schedule 3. (14 of 2021 s. 112)

The Chief Electoral Officer may modify the layout of the form of any ballot paper prescribed in Schedule 3 (except Forms 5(a) and 5(b) in that Schedule) to incorporate particulars relating to candidates to be printed on a ballot paper in accordance with the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M). (L.N. 84 of 2004; L.N. 47 of 2007; L.N. 66 of 2008; 14 of 2021 s. 112)

The Commission may decide—

The order in which the names of candidates appear on a GC ballot paper is to be determined by the Returning Officer by drawing lots. (14 of 2021 s. 112)

A number is to be allocated to each candidate for a geographical constituency according to the result of the draw, and the number is to be printed on the ballot paper against the name of the candidate. (14 of 2021 s. 112)

(Repealed 14 of 2021 s. 112)

The order in which the names of candidates appear on an FC ballot paper is to be determined by the Returning Officer by the drawing of lots. (L.N. 147 of 1998; L.N. 73 of 2011; 14 of 2021 s. 112)

Each functional constituency is to be assigned one or more letters of the alphabet by the Chief Electoral Officer as the code of the functional constituency. (L.N. 73 of 2011 and 11 of 2012 s. 63; 14 of 2021 s. 112)

Each candidate for a functional constituency is to be allocated a number preceded by the code assigned under subsection (8), according to the result of the draw. The code and the number are to be printed on the ballot paper against the name of the candidate. (L.N. 73 of 2011 and 11 of 2012 s. 63; 14 of 2021 s. 112)

(Repealed 14 of 2021 s. 112)

(Repealed L.N. 84 of 2004)

The order in which the names of candidates appear on an ECC ballot paper is to be determined by the Returning Officer by drawing lots. (14 of 2021 s. 112)

A number is to be allocated to each candidate for the Election Committee constituency according to the result of the draw, and the number is to be printed on the ballot paper against the name of the candidate. (14 of 2021 s. 112)

A candidate may be present at the drawing of lots under this section or be represented by a person authorized in writing by him or her.

The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section. (14 of 2021 s. 112)

A ballot paper is to contain the following information—

In the case of the death or disqualification of a candidate who has been allocated a number or a letter of the alphabet under this section, the name of the candidate and the information under subsection (13) relating to that candidate—

The number or letter of the alphabet allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the constituency concerned who has died or is disqualified is omitted from the ballot paper, crossed out or endorsed with a marking under subsection (13A). (L.N. 65 of 2000; L.N. 84 of 2004; 8 of 2025 s. 9)

A ballot paper is to have the date and description of the election printed on the front of it.

A number may be printed on the counterfoil of a ballot paper, but that number is not to be printed or shown in any manner on the ballot paper.

A notice required to be given to a candidate under subsection (12) may be given to the election agent instead of to the candidate. (L.N. 147 of 1998)

The Presiding Officer may designate an area in the polling station for giving a ballot paper to a person—

If the Presiding Officer is satisfied that a person who arrives at, or is present in, the polling station to vote falls within the description in subsection (1)(a), (b), (c), (d) or (e), the Officer may direct the person to immediately proceed to the following location to apply for a ballot paper—

The Presiding Officer must not give a ballot paper to a person unless that Officer is satisfied, by inspecting the document or documents set out in subsection (1A) or (1B), that he or she is the person registered in the final register, whom he or she claims to be. (L.N. 129 of 2017)

For a person applying for a ballot paper at a polling station (other than a dedicated polling station situated in a prison), the document or documents referred to in subsection (1) are any of the following—

For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsection (1) is a document issued by the Commissioner of Correctional Services showing—

A person is not to be prevented from voting only due to an omission or inaccuracy of a particular required to be recorded in a final register, other than the omission of both the person’s name and the identity document number.

The Presiding Officer may, at the time a person applies for a ballot paper, but not afterwards, ask, in case of doubt, the appropriate questions set out in subsection (3). (L.N. 147 of 1998)

When asking the questions, the Presiding Officer must have regard to whether the ballot paper applied for is a GC ballot paper, an FC ballot paper or an ECC ballot paper and the person applying for the ballot paper is an elector or an authorized representative. That Officer must choose, frame, adjust or modify the questions accordingly. (L.N. 84 of 2004; 14 of 2021 s. 114)

The questions referred to in subsections (1) and (2) are—

The Presiding Officer must ask the appropriate questions set out in subsection (3) if so required by a candidate, an election agent or a polling agent.

The Presiding Officer must not give a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer.

If a candidate, an election agent or a polling agent declares to the Presiding Officer that he or she has reasonable cause to believe that a person has engaged in corrupt conduct by impersonation and undertakes in writing to substantiate the allegation in a court, the Presiding Officer may take the step specified in subsection (2A). A candidate or an election agent or a polling agent may so declare only at the time a person applies for the ballot paper or after a person has applied for a ballot paper and before he or she has left the polling station.

If the Presiding Officer has reason to believe that a person applying for a ballot paper or who has applied for a ballot paper and who has not left the polling station has engaged in corrupt conduct by impersonation, the Presiding Officer may take the step specified in subsection (2A).

The step specified for the purposes of subsections (1) and (2) is—

A person regarding whom a declaration is made under subsection (1) (whether or not that person is arrested or removed under that subsection) or a person who has been arrested or removed pursuant to a request made under subsection (2) is not to be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 73 of 2011)

In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (10 of 2000 s. 47)

At a polling station used only for polling for a geographical constituency, the Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper.

At a polling station used only for polling for a functional constituency, the Presiding Officer is to issue only one ballot paper to an elector or authorized representative who applies for a ballot paper.

(Repealed L.N. 84 of 2004)

At a polling station used only for polling for the Election Committee constituency, the Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper. (14 of 2021 s. 115)

At a GC polling station that is also used for polling for one or more functional constituencies—

At an ECC polling station—

If an elector or authorized representative is entitled to be issued with 2 or more ballot papers, all the ballot papers must be handed over to him or her at the same time. (12 of 2014 s. 65)

(Repealed L.N. 84 of 2004)

Before issuing a ballot paper or ballot papers under this section, the name of the elector or authorized representative, as may be applicable, as stated in the copy of the relevant final register supplied under section 37(3) must be called out. (L.N. 65 of 2000)

Immediately before issuing the ballot paper or ballot papers, the Presiding Officer must— (L.N. 65 of 2000; 14 of 2021 s. 115)

to denote that the ballot paper or ballot papers the elector or authorized representative is entitled to have issued to him or her at the relevant polling station has been or have been so issued. (14 of 2021 s. 115)

No record is to be made of the particular ballot paper or ballot papers issued to an elector or authorized representative.

Subject to subsection (5), if an elector—

the elector must not cast the uncast vote or votes when the elector returns to the polling station before the close of the poll unless— (12 of 2014 s. 66)

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

If the Presiding Officer of a dedicated polling station situated in a prison grants the permission to an elector under subsection (1), the Commissioner of Correctional Services must, as far as practicable—

If the Presiding Officer grants the permission to an elector under subsection (2), that Officer must—

If the Presiding Officer does not grant the permission to an elector under subsection (2), that Officer must immediately re-issue to the elector the ballot paper or papers returned under subsection (1)(c)(iii). (12 of 2014 s. 66)

An elector who—

may return to the polling station before the close of the poll and cast the uncast vote or votes. (12 of 2014 s. 66)

If an elector in custody leaves a dedicated polling station situated in a prison under subsection (5), the Commissioner of Correctional Services must, as far as practicable—

The right of an elector in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (5) is subject to the elector’s returning to the polling station within the time slot assigned to him or her under subsection (5A) or section 27(2A). (L.N. 130 of 2009)

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

For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) is to be regarded as issuing a ballot paper under section 53(1), (2), (3A) or (4). (14 of 2021 s. 116)

In this section, references to “elector” are to be construed as including an authorized representative. (L.N. 140 of 2004)

When an elector or authorized representative is issued with a ballot paper or ballot papers, he or she must immediately go into a voting compartment and mark the ballot paper or ballot papers as appropriate. After marking the ballot paper or ballot papers, the elector or authorized representative must, before leaving the voting compartment, conceal the mark or marks on it or them in the appropriate manner described in subsection (3) or (3A), or as directed by the Commission under subsection (3B), and put the ballot paper or ballot papers, into the correct ballot box. (L.N. 84 of 2004; 11 of 2012 s. 45; 14 of 2021 s. 117)

(Repealed L.N. 84 of 2004)

An elector voting for a geographical constituency must put the ballot paper, unfolded, into the ballot box with the marked side facing down. (L.N. 73 of 2011; 14 of 2021 s. 117)

An elector or authorized representative voting for a functional constituency must put the ballot paper, unfolded, into the ballot box with the marked side facing down. (L.N. 73 of 2011; 14 of 2021 s. 117)

The Commission may direct, in a way it thinks fit, an elector voting for the Election Committee constituency—

An elector or an authorized representative must cast his or her vote without undue delay. An elector or authorized representative must leave the polling station as soon as he or she has put the ballot paper or ballot papers into the ballot box or ballot boxes.

Subject to subsections (3), (3A) and (3B), a person must not put anything other than a marked ballot paper into the ballot box. (L.N. 84 of 2004; L.N. 73 of 2011; 14 of 2021 s. 117)

Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. A person who contravenes this subsection commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 65 of 2000)

An elector voting for a geographical constituency must mark his or her ballot paper with the chop provided under section 37(6) for the purpose. (L.N. 65 of 2000; L.N. 73 of 2011)

The chop is to be affixed to give a single “ ” in the circle opposite the candidate of the elector’s choice on the ballot paper. (L.N. 65 of 2000)

Subject to subsection (2), an elector or authorized representative voting for a functional constituency must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of the elector’s or authorized representative’s choice.

The Commission may, in relation to an election for a functional constituency, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “ ”, with or without any design.

If the Commission makes a direction under subsection (2) in relation to an election—

An elector or authorized representative may vote for a number of candidates not exceeding the number of Members to be returned for that functional constituency.

Subject to subsection (2), an elector voting for the Election Committee constituency must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of the elector’s choice.

The Commission may, in relation to a by-election for the Election Committee constituency, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “ ”, with or without any design. (E.R. 3 of 2021)

If the Commission makes a direction under subsection (2) in relation to a by-election—

An elector voting for the Election Committee constituency must vote for a number of candidates that is equal to the number of Members to be returned for the Election Committee constituency at the election.

The Presiding Officer may mark a ballot paper for an elector or authorized representative who is or claims that he or she is unable to read or is incapacitated from voting due to blindness or other physical cause. The Presiding Officer may do so only on the application of such an elector or authorized representative.

The Presiding Officer must mark the ballot paper for a person referred to in subsection (1) in the presence of a polling officer and in the appropriate manner specified in section 55, 57 or 58A (as may be applicable), according to the choice of the elector or authorized representative. The Presiding Officer must put the ballot paper into the ballot box, in the appropriate manner described in section 54 in the presence of a polling officer, after marking it. (L.N. 84 of 2004; 14 of 2021 s. 122)

An elector or authorized representative who is blind or claims that he or she is blind may make use of a template to mark the ballot paper if a template is provided for that purpose at the polling station.

Subject to subsection (2) and section 53A, if a person (the first-mentioned person) representing himself or herself to be a particular elector or authorized representative applies for a ballot paper after a person has been issued with a ballot paper on the basis that he or she is the first-mentioned person, the Presiding Officer must issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “重複” and “TENDERED”.

The Presiding Officer may issue a ballot paper under subsection (1) only if— (L.N. 84 of 2004)

Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words “未用” and “UNUSED” on any ballot paper that has been issued but has not been put into the ballot box.

References in this Regulation to an “unused ballot paper” are to be construed as a reference to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1).

If an elector or authorized representative inadvertently deals with the ballot paper issued to him or her in such a manner that it cannot be properly used as a ballot paper or makes an error in marking a ballot paper, he or she may apply to the Presiding Officer for another ballot paper.

The Presiding Officer may issue another ballot paper to a person referred to in subsection (1) if that person gives back the ballot paper already issued to him or her to the Presiding Officer and establishes to the satisfaction of the Presiding Officer inadvertence or the fact that he or she made an error.

The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it with the words “損壞” and “SPOILT”.

As soon as practicable after the close of the poll at a polling station which is also designated as a counting station, the Presiding Officer must display a notice in a prominent place outside the polling station stating that the poll has been closed and that it will be opened when it is ready for use for the counting of votes. (L.N. 84 of 2004)

A candidate, and an election agent, a polling agent and a counting agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for the preparation for the counting of votes. (L.N. 84 of 2004; L.N. 66 of 2008)

After complying with subsection (1), the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps—

The Presiding Officer must, after complying with subsection (2), keep the sealed ballot box or boxes under that Officer’s control until the counting of votes begins. (L.N. 84 of 2004)

At a polling station used for polling for more than one constituency, the Presiding Officer must make separate sealed packets for each constituency. (L.N. 84 of 2004)

For the avoidance of doubt, it is stated that the ballot papers in a sealed packet prepared under this section are not to be counted for the purpose of counting the votes. Accordingly, the references to ballot papers in relation to the counting of the votes are to be construed as not including those ballot papers. (E.R. 6 of 2019)

As soon as practicable after the close of the poll at a small polling station or a dedicated polling station, the Presiding Officer of that polling station must, in the presence of the persons, if any, who are present within the polling station, take the following steps— (L.N. 130 of 2009)

A candidate and an election agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for taking the steps referred to in subsection (1)(a), (b), (c), (d) and (e).

An election agent or a polling agent may not stay under subsection (2) in a dedicated polling station situated in a maximum security prison. (L.N. 130 of 2009)

The Presiding Officer of the small polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to the Presiding Officer of the main counting station. (L.N. 140 of 2004)

The Presiding Officer of the dedicated polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to— (L.N. 197 of 2009)

as advised by the Chief Electoral Officer. (L.N. 130 of 2009; L.N. 197 of 2009)

For each type of the ballot papers issued by a polling station, the Presiding Officer must prepare a statement in the specified form that shows—

In this section, a reference to type of ballot papers means the following type of ballot papers—

Subject to subsection (7), the Returning Officer or the Presiding Officer, as may be appropriate, is to determine the time at which the counting of the votes in respect of a constituency is to begin.

The time determined under subsection (1) for a constituency must be a time after the poll has closed at all the polling stations at which polling for that constituency was conducted. (L.N. 84 of 2004)

Despite subsection (2), the time determined under subsection (1) in respect of sorting ballot papers at the ballot paper sorting station—

The Returning Officer must give notice in writing to each candidate for a constituency of the place or places at which counting is to take place for the constituency contested by the candidate. (L.N. 66 of 2008)

(Repealed L.N. 84 of 2004)

Notice under subsection (3) must be given at least 10 days before the polling day. (12 of 2014 s. 99)

The Presiding Officer must, before the counting of votes begins, display a notice in a prominent place outside the counting station stating the time that the counting station will be opened to the public to observe the counting of votes. (L.N. 84 of 2004)

If a poll for a constituency is adjourned under Schedule 2, the counting of the votes for that constituency is to stand postponed.

If the counting of the votes stands postponed under subsection (6), the Chief Electoral Officer is to determine a time for the counting to begin and the place or places for it to take place. The time must be after the adjourned poll is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate of the relevant constituency of the time and place.

Where the Commission has given a direction under section 75A that the counting of votes cast at a polling station in respect of a geographical constituency is to take place or continue to take place at a counting station specified by the Chief Electoral Officer, the Returning Officer must give notice, which may be oral or in writing, to each candidate for the constituency of the time and place at which the counting is to take place or continue to take place. (L.N. 66 of 2008)

A notice required to be given under this section may be given to the election agent or counting agent of a candidate instead of to the candidate. (14 of 2021 s. 126)

(Repealed 14 of 2021 s. 126)

A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the constituency contested by the candidate in accordance with this section. (L.N. 84 of 2004; L.N. 73 of 2011; 14 of 2021 s. 127)

The Commission is to determine the maximum number of counting agents a candidate may appoint. (14 of 2021 s. 127)

(Repealed 14 of 2021 s. 127)

Only a holder of an identity card who has attained the age of 18 years may be appointed as a counting agent. (L.N. 147 of 1998)

A candidate must give notice of appointment of a counting agent to the Returning Officer at least 7 days before polling day. (L.N. 147 of 1998; L.N. 84 of 2004; 12 of 2014 s. 42)

A notice of appointment given under subsection (5) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 42)

If notice is not given under subsection (5), it must be delivered on polling day to the Returning Officer or the Presiding Officer, as may be appropriate— (L.N. 84 of 2004)

A notice of appointment must—

The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)

If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer or the Presiding Officer in accordance with subsection (10A) or (11). (L.N. 147 of 1998; L.N. 84 of 2004; 12 of 2014 s. 42)

A notice of revocation must be—

If the notice of revocation is given before polling day, it must be delivered to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 42)

If the notice of revocation is given on polling day, it must be delivered to the Returning Officer or the Presiding Officer, as may be appropriate—

A revocation of the appointment of a counting agent is not effective until notice of it is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)

The Chief Electoral Officer must appoint a Presiding Officer to preside at each ballot paper sorting station.

The Chief Electoral Officer may, at any time, with reasonable cause, revoke any appointment made under subsection (1).

The Chief Electoral Officer may appoint, as counting officers, persons that Officer considers suitable to assist a Returning Officer or a Presiding Officer in counting the votes. (L.N. 65 of 2000)

The Chief Electoral Officer must supply to the Returning Officer or the Presiding Officer a list of the counting officers appointed to assist that Officer.

The Chief Electoral Officer must display the list of counting officers in a prominent place within the relevant counting station or stations.

The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of a counting officer made under subsection (1). (L.N. 84 of 2004; L.N. 66 of 2008)

Subject to subsections (2) and (5), only the Chief Returning Officer, Returning Officer, Assistant Returning Officers, Presiding Officer, Deputy Presiding Officer and Assistant Presiding Officers and the following persons may be present at the counting of the votes— (L.N. 84 of 2004)

No other person may be present at the counting of the votes except with the permission of—

The Chief Returning Officer, and the Returning Officer in charge of the counting zone are to ensure that the arrangements for the counting of the votes at a counting zone of the central counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.

The Presiding Officer who supervises a counting station is to ensure that the arrangements for the counting of the votes at a counting zone of that counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. (L.N. 65 of 2000)

Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of the votes at the counting zone or zones. On arriving at the counting station, an election agent or counting agent must report in person to the Returning Officer or the Presiding Officer, as may be appropriate, and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her. (L.N. 66 of 2008)

The Chief Returning Officer (in the case of the central counting station), or the Presiding Officer who supervises the counting station (in the case of any other counting station), may, if that Officer considers it appropriate and practicable without disrupting the count and prejudicing the secrecy of the individual votes, permit members of the public to observe the counting of the votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate.

A person who, during the relevant period, films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of—

commits an offence.

A person who, at or in the vicinity of a counting station, behaves in a disorderly manner, or fails to comply with a lawful order given by—

commits an offence.

A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 3 months.

The Chief Returning Officer, and the Returning Officers in charge of a counting zone of the central counting station must keep order at the central counting station. (L.N. 65 of 2000)

The Presiding Officer who supervises a counting station must keep order at that counting station. (L.N. 65 of 2000; L.N. 84 of 2004)

If, at or in the vicinity of the central counting station, a person—

the Chief Returning Officer or the Returning Officer, as may be appropriate, may order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately. (L.N. 84 of 2004 and L.N. 140 of 2004)

If, at or in the vicinity of a counting station other than the central counting station, a person—

the Presiding Officer may order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately. (L.N. 84 of 2004)

If a person fails to leave when ordered to do so under subsection (2) or (2A), the person may be removed by a police officer or by a person authorized in writing by the Chief Returning Officer, the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)

A person who is removed under subsection (3) may not enter the relevant counting station again on that day, unless the Officer who ordered his or her removal permits him or her to do so.

(Repealed L.N. 65 of 2000)

In this Division—

In this Division—

Without limiting section 3(2), for the purposes of a by-election for a functional constituency or the Election Committee constituency, a reference in this Division to the central counting station is to be construed as a reference to the counting station for counting the votes cast for that constituency.

The Presiding Officer of a polling station that is also designated as a counting station (other than a main counting station) must deliver, or arrange to be delivered, to the central counting station—

The Presiding Officer of a polling station that is also designated as a main counting station must deliver, or arrange to be delivered, to the central counting station—

The Presiding Officer of a ballot paper sorting station must deliver, or arrange to be delivered, to the central counting station the following items that were delivered to the Officer under section 63A(4) from a dedicated polling station—

The Presiding Officer of an ECC polling station must deliver, or arrange to be delivered, to the central counting station—

Subsection (1) applies to a by-election for a functional constituency as if—

The Chief Returning Officer is to supervise the central counting station, in which—

A counting station for counting the votes for a geographical constituency is to be supervised by the Presiding Officer of that counting station. (L.N. 84 of 2004)

(Repealed L.N. 84 of 2004)

The Chief Returning Officer and the Returning Officers are to be assisted by one or more Assistant Returning Officers.

The Presiding Officer may be assisted by one Deputy Presiding Officer and one or more Assistant Presiding Officers. (L.N. 84 of 2004)

After the FC ballot boxes, and the sealed packets and ballot paper accounts for functional constituencies, from a polling station are delivered to the central counting station under section 70, they are to be handed over to the Returning Officer for a functional constituency.

After the ECC ballot boxes, and the sealed packets and ballot paper account for the Election Committee constituency, from an ECC polling station are delivered to the central counting station under section 70, they are to be handed over to the Returning Officer for the Election Committee constituency.

If the Chief Returning Officer considers that the arrangement described in subsection (1) or (2) is not practicable, the Officer may—

After an FC ballot box or ECC ballot box, or a receptacle containing FC ballot papers or ECC ballot papers, is handed over to a Returning Officer at the central counting station, the Officer must open it by breaking the seal in the presence of the candidates, or their election agents or counting agents, who are present at the counting zone.

The Returning Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of.

No person may be permitted under subsection (2) to inspect a ballot paper.

The Presiding Officer of a counting station must open a GC ballot box in that Officer’s charge, or a receptacle containing GC ballot papers handed over to the Officer, by breaking the seal in the presence of the candidates, or their election agents or counting agents, who are present at the counting zone.

The Presiding Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of.

No person may be permitted under subsection (2) to inspect a ballot paper.

At the central counting station, the Returning Officer for a functional constituency must, at the counting zone for that constituency, take the following steps in relation to the FC ballot papers from each polling station before counting the votes recorded on those ballot papers in accordance with section 77, if an approved programme is not to be used to count the ballot papers— (8 of 2025 s. 13)

In subsection (1), the reference to the FC ballot papers from each polling station is a reference to—

If any GC ballot paper is found in the FC ballot boxes, the Returning Officer must, in relation to such GC ballot papers from each polling station—

If any ECC ballot paper is found in the FC ballot boxes, the Returning Officer must, in relation to such ECC ballot papers from each ECC polling station—

If the Returning Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—

The Returning Officer must hand over the receptacles mentioned in subsection (1)(g), (3)(e) or (4)(d) to an Assistant Returning Officer or a counting officer in attendance at the relevant counting zone.

An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (6) must—

A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.

At the central counting station, the Returning Officer for the Election Committee constituency must, at the counting zone for that constituency, take the following steps in relation to the ECC ballot papers from each ECC polling station before counting the votes recorded on those ballot papers in accordance with section 78A—

In subsection (1), the reference to the ECC ballot papers from each ECC polling station is a reference to—

If any GC ballot paper is found in the ECC ballot boxes or envelopes mentioned in subsection (1)(a), the Returning Officer must, in relation to such GC ballot papers from each ECC polling station—

If any FC ballot paper is found in the ECC ballot boxes or envelopes mentioned in subsection (1)(a), the Returning Officer must, in relation to such FC ballot papers from each ECC polling station—

If the Returning Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—

The Returning Officer must hand over the receptacles mentioned in subsection (3)(e) or (4)(e) to an Assistant Returning Officer or a counting officer in attendance at the counting zone.

An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (6) must—

A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.

The Presiding Officer of a GC counting station must, at the counting zone, in relation to the GC ballot papers in the GC ballot boxes from the polling station that is in the same place as the counting station, after counting the votes recorded on those ballot papers in accordance with section 75—

The Presiding Officer of a GC counting station that is a main counting station must also, at the counting zone—

If any FC ballot paper is found in the GC ballot boxes that are opened at a GC counting station, the Presiding Officer of the GC counting station must, in relation to such FC ballot papers from each polling station—

If the Presiding Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—

The Presiding Officer must hand over the receptacles mentioned in subsection (3)(e) to an Assistant Presiding Officer or a counting officer in attendance at the counting zone.

An Assistant Presiding Officer or a counting officer to whom receptacles are handed over under subsection (5) must—

A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.

The Presiding Officer of a ballot paper sorting station must, in relation to the GC ballot papers in the GC ballot boxes from each dedicated polling station or ECC polling station—

If any FC ballot paper is found in the GC ballot boxes that are opened at a ballot paper sorting station, the Presiding Officer of the ballot paper sorting station must, in relation to such FC ballot papers from each dedicated polling station or ECC polling station—

If any ECC ballot paper is found in the GC ballot boxes that are opened at a ballot paper sorting station, the Presiding Officer of the ballot paper sorting station must, in relation to such ECC ballot papers from each dedicated polling station or ECC polling station—

The Presiding Officer must hand over the receptacles mentioned in subsection (2)(e) or (3)(d) to an Assistant Presiding Officer or a counting officer in attendance at the counting zone.

An Assistant Presiding Officer or a counting officer to whom receptacles are handed over under subsection (4) must—

The Presiding Officer of a GC counting station must, at the counting zone, count in accordance with this section the GC ballot papers mentioned in—

The Returning Officer for a geographical constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the GC ballot papers handed over to the Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a). (14 of 2021 s. 134; 8 of 2025 s. 16)

(Repealed L.N. 84 of 2004)

The Presiding Officer of a main counting station must, when counting the votes at the main counting station, mix the ballot papers in at least one of the ballot boxes at the polling station designated as the main counting station together with— (L.N. 130 of 2009; 11 of 2012 s. 50)

GC ballot papers are to be separated with reference to the candidate for whom the vote has been recorded.

The votes recorded on the GC ballot papers are to be counted according to the system of counting described in section 49 of the Legislative Council Ordinance (Cap. 542). (L.N. 84 of 2004; 11 of 2012 s. 71)

In the course of counting in accordance with subsection (6)—

If at any time it appears to the Commission that a counting station (first counting station) assigned for the counting of votes cast at a polling station (polling station concerned) in respect of a geographical constituency is no longer available or suitable for the counting to take place or continue to take place, the Commission may direct that the counting is to take place or continue to take place at another counting station (new counting station) specified by the Chief Electoral Officer.

Subsection (1) does not apply if it appears to the Commission that the first counting station is no longer available or suitable for the counting of votes to take place or continue to take place because of any of the occurrences specified in section 2(3) of Schedule 2.

Where the Commission gives a direction under subsection (1), the Presiding Officer of the first counting station (first Presiding Officer) must arrange the ballot boxes (whether opened or un-opened) and receptacles, if any, together with the ballot papers (whether counted or not), any un-issued ballot papers, tendered ballot papers, ballot paper account, verification of number of ballot papers and any other relevant election materials to be transferred to the new counting station. (14 of 2021 s. 135)

Any person who may be present at the first counting station or polling station concerned under this Regulation may also be present with the first Presiding Officer when that Officer makes any arrangement under subsection (3).

The Chief Electoral Officer may direct any Presiding Officer to act in place of the first Presiding Officer for the purposes of the counting or continuing of the counting of votes as well as all other duties or powers the first Presiding Officer would have to perform or exercise under this Regulation had he not been replaced.

Subject to subsection (8), for the purposes of this Regulation—

If at the new counting station the counting of votes cast at a polling station other than the polling station concerned is also to take place or taking place, the Chief Electoral Officer may assign within the new counting station an area for the counting or continuing of the counting of votes cast at each of the polling stations.

For the purposes of this Regulation—

(Repealed 14 of 2021 s. 137)

This section applies where the votes for functional constituencies are to be counted without the use of an approved programme. (8 of 2025 s. 17)

The Returning Officer for a functional constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the following ballot papers for that constituency—

(Repealed L.N. 84 of 2004)

Ballot papers for a functional constituency that have been delivered from 2 or more polling stations must be mixed. (L.N. 84 of 2004)

(Repealed L.N. 84 of 2004)

The ballot papers are to be separated with reference to the candidate for whom the vote has been recorded, or in the case of constituencies returning more than one Member, the candidates for whom the votes have been recorded.

The votes recorded on the ballot papers for each functional constituency are to be counted according to the system of counting described in section 51 of the Legislative Council Ordinance (Cap. 542). (11 of 2012 s. 72)

In the course of counting in accordance with subsection (6)—

This section applies where the votes for functional constituencies are to be counted with the use of an approved programme.

The Returning Officer for a functional constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the following ballot papers for that constituency—

The Returning Officer for a functional constituency must, at the counting zone for that constituency—

The votes recorded on the ballot papers for each functional constituency are to be counted according to the system of counting described in section 51 of the Legislative Council Ordinance (Cap. 542).

In the course of counting in accordance with this section—

In the course of counting in accordance with this section, the Returning Officer must, in relation to any GC ballot paper found—

In the course of counting in accordance with this section, the Returning Officer must, in relation to any ECC ballot paper found—

The Returning Officer must—

If the Returning Officer considers it necessary, or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—

The Returning Officer must hand over the receptacles mentioned in subsection (6)(e) or (7)(d) to an Assistant Returning Officer or a counting officer in attendance at the relevant counting zone.

An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (10) must—

A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.

The Returning Officer for the Election Committee constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the ECC ballot papers mentioned in section 73C(1).

ECC ballot papers from 2 or more ECC polling stations must be mixed.

The votes recorded on the ECC ballot papers are to be counted according to the system of counting described in section 52A of the Legislative Council Ordinance (Cap. 542).

The votes cast for the candidates for the Election Committee constituency may be counted by using an approved programme and a computer.

In the course of counting in accordance with subsection (3)—

(Repealed 8 of 2025 s. 19)

After the votes are counted under section 77, 77AA or 78A, the Returning Officer must make known to the candidates who are present within the counting zone, the result of the counting of the votes. If the candidates are not present, the Returning Officer is to make known the result to their respective election agents or counting agents, if those agents are present at the counting zone. (L.N. 84 of 2004; 11 of 2012 s. 74; 14 of 2021 s. 140; 8 of 2025 s. 20)

A candidate who is present when the votes are counted or re-counted or an election agent who is so present, may request the Returning Officer to count again the counted or re-counted (as the case may be) votes. That Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.

After a count or re-count is completed, nothing further is to be done until each candidate present at the completion, or the election agent of each candidate (but not both) if present at the completion of the count or re-count is given a reasonable opportunity to make a request for a re-count.

After the votes recorded on the GC ballot papers for a geographical constituency (other than those recorded on the GC ballot papers to be handed over to the Returning Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a)) are counted under section 75, the Presiding Officer must make known to the candidates who are present within the counting zone the result of the counting of the votes. If the candidates are not present, that Officer is to make known the result to their respective election agents or counting agents, if those agents are present at the counting zone. (L.N. 140 of 2004; 11 of 2012 s. 75; 8 of 2025 s. 21)

A candidate who is present when the votes are counted or re-counted, or an election agent or a counting agent who is so present, may request the Presiding Officer to count again the counted or re-counted (as the case may be) votes. That Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.

After a count or re-count is completed, nothing further is to be done until each candidate present at the completion, or the election agent or counting agent of each candidate if present at the completion, of the count or re-count is given a reasonable opportunity to make a request for a re-count. (L.N. 140 of 2004)

Where there is no request for a re-count or such request is rejected by the Presiding Officer or the re-count is completed and there is no request for a further re-count or the request for a further re-count has been rejected by the Presiding Officer, the Presiding Officer must report to the relevant Assistant Returning Officer for the geographical constituency the result of the counting of votes and re-count (if any).

After the Assistant Returning Officer has been notified of the results of the counting of votes and re-count (if any) of all the counting stations in his charge for the geographical constituency under subsection (4), that Officer must make known the results to the Returning Officer for the geographical constituency. (L.N. 140 of 2004)

After the Returning Officer has been notified of the results of the counting of votes and re-count (if any) of all the counting stations for the geographical constituency under subsection (5), that Officer must make known the results to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes of all the counting stations for the geographical constituency, that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)

After the Returning Officer has made known the results under subsection (6), that Officer must also make known the estimated number of GC ballot papers to be handed over to him under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency (if any) to the candidates or their election agents or counting agents at the place specified by the Returning Officer. A candidate or the election agent of the candidate who is present at the specified place may make a request to the Returning Officer for a re-count of the votes of all the counting stations for the geographical constituency and the votes recorded on the GC ballot papers to be handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency. (L.N. 140 of 2004; 11 of 2012 s. 75; 8 of 2025 s. 21)

Where there is no request for a re-count of the votes of all the counting stations for the geographical constituency under subsection (6) or such request is rejected by the Returning Officer, that Officer must add together—

and make known the aggregate result to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes referred to in paragraph (b), that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)

For the purposes of subsection (8)(a), if the Returning Officer has made known the result of any re-count of a counting station for the geographical constituency under subsection (6), the result of the last re-count of that station is to be used in the calculation. (14 of 2021 s. 141)

If the Returning Officer decides to comply with the request referred to in subsection (6), that Officer must require all the Assistant Returning Officers to instruct the Presiding Officers of the counting stations in their respective charge to conduct a re-count at the relevant counting stations forthwith. (L.N. 140 of 2004)

The Presiding Officer of each of the counting stations for the geographical constituency must make known the result of the re-count at the counting station to the candidates or their election agents or counting agents who are present at the counting station and must report that result to the relevant Assistant Returning Officer. (L.N. 140 of 2004)

After the Assistant Returning Officer has been notified of the results of the re-count of all the counting stations in his charge for the geographical constituency under subsection (10), that Officer must make known the results to the Returning Officer for the geographical constituency. (L.N. 140 of 2004)

After the Returning Officer has been notified of the results of the re-count of all the counting stations for the geographical constituency under subsection (11), that Officer must add together—

and make known the aggregate result to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes referred to in paragraph (b), that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)

Subject to subsection (14), if the Returning Officer decides to comply with a request referred to in subsection (7), that Officer must conduct a re-count of—

and make known the final result to the candidates or their election agents or counting agents at the place specified by that Officer. When the final result has been made known, the counting of the votes and re-counts are completed for the purposes of section 83(1). (L.N. 140 of 2004)

The Returning Officer must not conduct a re-count under subsection (7)—

When counting the votes, a ballot paper of any of the following descriptions is not to be regarded as valid and the vote recorded on the ballot paper is not to be counted— (L.N. 84 of 2004; L.N. 66 of 2008)

In the case of a ballot paper referred to in subsection (1)(g)(i), (ii) or (iii), if the Returning Officer or the Presiding Officer, as may be appropriate, is satisfied that the intention of the elector or authorized representative is clear notwithstanding the deviation from the requirements in section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b), as the case may be, that Officer may count the vote recorded on that ballot paper. (11 of 2012 s. 53)

Subject to subsection (1)(ib), it is declared that the Returning Officer or the Presiding Officer, as may be appropriate, is not to make a decision not to count the vote recorded on a ballot paper solely because the name of, and other information relating to, a candidate on the ballot paper are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2). (L.N. 65 of 2000; 1 of 2019 s. 34)

A candidate, an election agent or a counting agent—

If a ballot paper is forwarded to the Returning Officer under section 75(7)(a), 77(7)(a), 77AA(5)(a) or 78A(5)(a), or to the Presiding Officer under section 75(7)(a), as may be appropriate, a candidate, an election agent or a counting agent, if present at the counting zone, may— (L.N. 66 of 2008; 11 of 2012 s. 76; 1 of 2019 s. 88; 14 of 2021 s. 144; 8 of 2025 s. 23)

After considering the representations (if any) made under subsection (1), the Returning Officer or the Presiding Officer, as may be appropriate, must determine whether the ballot paper—

In the case of a ballot paper which is not marked in accordance with section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b) (as may be applicable), if the Returning Officer or the Presiding Officer, as may be appropriate, is satisfied that the intention of the elector or authorized representative is clear notwithstanding the deviation from the requirements in section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b), as the case may be, that Officer may count the vote recorded on that ballot paper. (L.N. 84 of 2004; 1 of 2019 s. 49; 14 of 2021 s. 144; 8 of 2025 s. 23)

If the Returning Officer or the Presiding Officer, as may be appropriate, decides a questionable ballot paper the vote recorded on which is not to be counted, that Officer must endorse the words “不獲接納” and “rejected” on the front of it. If a candidate or an election agent or a counting agent objects to that Officer’s decision, that Officer must also add the words “反對此選票不獲接納” and “rejection objected to”. (L.N. 84 of 2004)

If a candidate or an election agent or a counting agent objects to the decision of the Returning Officer or the Presiding Officer, as may be appropriate, to count the vote recorded on a questionable ballot paper, that Officer must endorse the words “反對此選票獲接納” and “acceptance objected to” on that ballot paper. (L.N. 84 of 2004)

The Returning Officer or the Presiding Officer, as may be appropriate, is to prepare a statement of the ballot papers which are not to be regarded as valid. The statement is to be under the following heads—

Under this section, a candidate, or the election agent or counting agent of a candidate, may inspect a ballot paper, make representations or object to the decision of the Returning Officer or the Presiding Officer only in the name of that candidate but no other, regardless of to which candidate the ballot paper, representations or decision relates. (14 of 2021 s. 144)

When the counting of the votes and re-counts, if any, are completed and the result of the election determined, the Returning Officer is to declare as elected the candidates who were successful at the election, as provided in sections 49(5), 51(7) and 52A(8) of the Legislative Council Ordinance (Cap. 542). (L.N. 65 of 2000; 14 of 2021 s. 146)

Subsection (3) applies if, before the Returning Officer declares a candidate to be elected—

In the circumstances mentioned in subsection (2)(a) or (b), the Returning Officer—

The notice to be published under section 58(1) of the Legislative Council Ordinance (Cap. 542) for the geographical constituencies is to be in Form 1 in Schedule 4.

The notice to be published under section 58(2) of the Legislative Council Ordinance (Cap. 542) for the functional constituencies is to be in Form 2 in Schedule 4. (L.N. 73 of 2011; 14 of 2021 s. 147)

(Repealed L.N. 84 of 2004)

The notice to be published under section 58(3A) of the Legislative Council Ordinance (Cap. 542) for the Election Committee constituency is to be in Form 5 in Schedule 4. (14 of 2021 s. 147)

A notice under subsection (1), (2) or (3A) must be published in the Gazette within 10 days from the date the relevant result is declared under section 83. (L.N. 84 of 2004; 14 of 2021 s. 147)

The Returning Officer is to prepare a notice of the result of the election for the geographical constituency, the functional constituency or the Election Committee constituency under that Officer’s charge in the appropriate form under this section and display it prominently in a place outside the counting station at which the result was declared under section 83. (L.N. 65 of 2000; L.N. 84 of 2004; 14 of 2021 s. 147)

The Returning Officer is to send a copy of each notice prepared under subsection (5) to—