Cap. 541I 《選舉管理委員會(選舉程序)(選舉委員會)規例》Electoral Affairs Commission (Electoral Procedure) (Election Committee) Regulation

As soon as practicable after the publication of a notice appointing the subsector ordinary election day, the Chief Electoral Officer must publish in the Gazette a notice which complies with subsection (3). (14 of 2021 s. 189)

Where the Commission is required under section 5(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to arrange for a supplementary nomination to fill a vacancy among the members representing a subsector on the Election Committee, as soon as practicable after the ascertainment under paragraph (a) of that section 5(1) is made, the Chief Electoral Officer must publish in the Gazette, for that subsector, a notice which complies with subsection (3). (14 of 2021 s. 189)

The notice must state—

The period for the purposes of subsection (3)(c) is to be determined by the Chief Electoral Officer.

As soon as practicable after the publication of a notice appointing the subsector ordinary election day, the Chief Electoral Officer must publish in the Gazette, for the subsectors concerned, a notice which complies with subsection (3).

Where the Commission is required under section 5(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to arrange for a subsector by-election, as soon as practicable after the ascertainment under paragraph (a) of that section 5(1) is made, the Chief Electoral Officer must publish in the Gazette a notice which complies with subsection (3).

The notice 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 subsector election notice is published in the Gazette. The nomination period must not be less than 7 days.

The nomination period must end not less than 12 days before the date on which the relevant subsector election is to be held.

Despite subsection (3), the nomination period may end during the period of 12 days before the date on which the relevant subsector election is to be held if the nomination period is extended under section 1A(3). (15 of 2016 s. 18)

A person is to be nominated as an EC member under section 7 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) by the submission by a designated body of a nomination form in the specified form that complies with this section and sections 7 and 7A of that Schedule. (14 of 2021 s. 192)

The designated nomination form must contain a declaration by each nominee to the effect that he or she— (14 of 2021 s. 192)

The designated nomination form must also contain a declaration by each nominee as required by section 7A of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 192)

A designated body must nominate all its nominees on one designated nomination form.

The designated nomination form must be signed by each nominee. It must also be signed on behalf of the designated body by a person authorized by the designated body for that purpose.

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

The Returning Officer may require a designated body or a person who is being nominated under this section to furnish any other information that the Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—

The designated nomination form must be submitted to the Returning Officer within the period referred to in section 3(3)(c) at the specified address.

A person is to be nominated as a candidate for a subsector election by submitting to the Returning Officer a subsector nomination form which complies with this section.

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

The subsector nomination form must be in the specified form and subscribed in accordance with the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C).

The subsector nomination form must contain a declaration by the person being nominated as the candidate to the effect that he or she—

The subsector nomination form must also contain a declaration by the person being nominated as the candidate as required by section 17A of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 193)

The subsector nomination form—

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

The subsector nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber.

In the case of a voter other than a natural person, the subscription of the subsector nomination form by that voter may only be effected by that voter’s authorized representative. (14 of 2021 s. 193)

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

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

Only one person can be nominated on one subsector nomination form.

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

The subsector nomination form must be submitted by the candidate in person or in any other manner authorized by the Chief Electoral Officer.

The Returning Officer may assist a designated body in preparing a designated nomination form. (14 of 2021 s. 194)

The Returning Officer may, at the request of a person who proposes to be nominated as a candidate, give assistance in preparing a subsector nomination form.

The Returning Officer may accept a subsector nomination form submitted for the purposes of section 8 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 designated nomination form—

The Candidate Eligibility Review Committee must, as soon as practicable after receiving a designated nomination form or the order of priority (if applicable) forwarded by the Returning Officer, determine the validity of nomination of those nominees the number of whom are necessary for the purpose of making up the assigned number, or filling the vacancy, mentioned in section 7 of the Schedule to Cap. 569 for the designated body concerned.

To avoid doubt, the Candidate Eligibility Review Committee is not required to determine the validity of nomination of the nominees who are not necessary for the purpose mentioned in subsection (2).

The Candidate Eligibility Review Committee must decide whether it is necessary to determine the validity of nomination of a nominee for the purpose mentioned in subsection (2) according to—

Without prejudice to section 7 and sections 7A, 8, 9 and 9A of the Schedule to Cap. 569, the Candidate Eligibility Review Committee may determine a designated nomination form or a nomination of a nominee on the form to be invalid if and only if—

In determining whether a designated nomination form or a nomination of a nominee is valid, the Candidate Eligibility Review Committee—

The matters specified for subsection (6)(a) are—

In this section, a reference to section 8, 9 or 9A of the Schedule to Cap. 569 being complied with in relation to a nominee for a subsector is to be construed as follows—

The Returning Officer must, as soon as practicable after receiving a subsector nomination form, forward the form to the Candidate Eligibility Review Committee. (14 of 2021 s. 197)

The Candidate Eligibility Review Committee must, as soon as practicable after receiving a subsector nomination form forwarded by the Returning Officer, decide whether a candidate is validly nominated. (14 of 2021 s. 197)

If sections 17, 17A, 18 and 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569) and section 8 are complied with, the candidate stands validly nominated unless— (L.N. 114 of 2006; L.N. 75 of 2011; 14 of 2021 s. 197)

Without prejudice to sections 17, 17A, 18 and 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Candidate Eligibility Review Committee may decide a nomination to be invalid if and only if— (L.N. 114 of 2006; L.N. 75 of 2011; 14 of 2021 s. 197)

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

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

In this section, a reference to section 17, 18 or 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569) being complied with in relation to a candidate for a subsector is to be construed as follows—

If the Returning Officer detects on a designated nomination form or a subsector nomination form— (14 of 2021 s. 199)

and that Officer considers that it can be rectified within the period referred to in section 3(3)(c) or the nomination period, that Officer may, before forming an opinion for the purposes of section 12(6)(a) and (7)(b) or 13(3A)(a) and (3B)(b), as to whether the designated nomination form or subsector nomination form is valid, as may be appropriate, give the nominee, the designated body or the candidate a reasonable opportunity to rectify it.

A designated nomination form or a subsector nomination form cannot be rectified under this section after the expiry of the period referred to in section 3(3)(c) or of the nomination period.

If the Candidate Eligibility Review Committee decides that a designated nomination form or a subsector nomination form is invalid, or that the nomination of a nominee or of a candidate is invalid, the Committee must endorse on the relevant nomination form the decision and the reasons for it. (14 of 2021 s. 200)

The Candidate Eligibility Review Committee must sign an endorsement under subsection (1). (14 of 2021 s. 200)

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

A determination under section 12(2) or a decision under section 12(4) made in relation to a nominee must be sent to the nominee concerned, the designated body that nominated that nominee and the other nominees who are nominated by that designated body. (14 of 2021 s. 200)

The Returning Officer must send a notice of the decision of the Candidate Eligibility Review Committee that a person is validly nominated or is not validly nominated as a candidate— (14 of 2021 s. 200)

A withdrawal of candidature for the purposes of section 21 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 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—

Within 14 days after the expiry of the nomination period, the Candidate Eligibility Review Committee must publish in the Gazette a notice which complies with this section. (14 of 2021 s. 201)

A notice referred to in subsection (1) must be published for all subsectors referred to in the subsector election notice.

For the purposes of subsection (2), separate notices may be published for each of the subsectors or one notice may be published for all the subsectors. (14 of 2021 s. 201)

A notice published for a subsector must state the name and address of each validly nominated candidate for the subsector. It must also state the number allocated to each candidate under section 49(4).

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

The Candidate Eligibility Review Committee must, within 14 days after the expiry of the period referred to in section 3(3)(c), publish a notice in the Gazette declaring, for the purposes of section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the nominee or nominees who is or are validly nominated as an EC member or EC members.

If, for a subsector—

the Returning Officer must, for the purposes of section 25(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), declare in a notice the candidate or candidates as being duly elected as an EC member or as EC members for that subsector.

A notice under subsection (2) must— (14 of 2021 s. 202)

A notice under section 23(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be given by the Returning Officer concerned as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer. The notice must be given in writing to—

The Returning Officer under subsection (1) must—

Declarations under section 23(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 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. The declarations must be made—

A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 203)

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

A notice under section 23(4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be given 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. The notice must be given in writing to— (14 of 2021 s. 204)

The Candidate Eligibility Review Committee must—

Declarations under section 23(5) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 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. The declarations must be made— (14 of 2021 s. 204)

A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 204)

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

If, after the death referred to in section 20(1) or the disqualification referred to in section 21(1)—

the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that a poll is not to be held for that subsector.

The Returning Officer must in a notice under section 20(3)(a), if any, or in a separate notice— (14 of 2021 s. 205)

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

Each candidate may appoint one person as his or her election agent.

Only a holder of an identity card who has attained the age of 18 years may be appointed as an election agent.

A candidate who appoints an election agent must give notice of the appointment to the Returning Officer.

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 address of the election agent.

A notice of appointment must be signed by the candidate.

A candidate cannot have more than one election agent at any one time.

If the appointment of an election agent is revoked, the candidate must give notice of the revocation to the Returning Officer.

A notice of revocation must be in writing and be signed by the candidate.

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.

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— (15 of 2016 s. 37)

Subject to subsection (15), an election agent may do all things which a candidate may do under this Regulation in connection with a subsector election. Any such act of the election agent is effective as if it had been done by the candidate in person. (15 of 2016 s. 58)

An election agent may not—

The Commissioner of Correctional Services must not give consent to an election agent under subsection (15)(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. 132 of 2009)

Despite subsection (15)(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— (15 of 2016 s. 37)

If the Commissioner of Correctional Services refuses to give consent under subsection (15)(d), the Commissioner must notify the candidate or the election agent as soon as practicable. (L.N. 132 of 2009)

The Returning Officer must send to the candidates for a subsector, a notice containing the particulars of the election agents of the other candidates for that subsector.

If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the other candidates for the relevant subsector.

The Returning Officer must send a notice under subsection (1) within 5 days after the expiry of the relevant nomination period.

If the appointment of the election agent is made after the notice period referred to in subsection (3), or if a replacement is appointed under section 23(11), the Returning Officer must send a notice of the particulars as soon as practicable after that Officer receives notice of the appointment or replacement, as the case may be. (15 of 2016 s. 19)

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 (1) may be sent to the election agent of the candidate instead of to the candidate.

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 a subsector election.

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 address of the person authorized.

The authorization must specify the maximum amount of election expenses that the election expense agent is authorized to incur.

The authorization must be signed by the candidate making the authorization and the person authorized.

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. (15 of 2016 s. 38)

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 a subsector election as being effective, for any purpose related to the subsector election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer.

If the authorization of an election expense agent to incur election expenses at or in connection with a subsector election has been revoked, a written notice of the revocation must be served as soon as possible— (L.N. 75 of 2011)

The notice of revocation must be in the specified form and signed by the candidate who made the authorization.

The notice of revocation may be served by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 38)

If the authorization of an election expense agent to incur election expenses at or in connection with a subsector 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 subsector election for which the revocation is relevant, only when the notice of revocation has been served on the relevant Officer. (L.N. 75 of 2011)

Subject to subsections (2A) and (2B), the hours during which voters can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (L.N. 132 of 2009)

The Chief Electoral Officer may appoint different polling hours for different subsectors or for different polling stations.

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 a voter in custody to whom the polling station is allocated under section 30. (L.N. 132 of 2009)

Subject to section 55, a voter to whom a time slot is assigned under subsection (2A) may only cast his or her vote during the time slot. (L.N. 132 of 2009)

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

The Commissioner of Correctional Services must assign the time slot so as to give the voters a reasonable opportunity to vote. (L.N. 132 of 2009)

The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette, a notice specifying the polling hours for the subsectors and, if appropriate, for each polling station.

The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all voters to whom time slots are assigned under subsection (2A) of the time slot assigned to each of them. (L.N. 132 of 2009)

The Chief Electoral Officer must, in respect of a subsector election, designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 132 of 2009; 15 of 2016 s. 61)

Without affecting subsection (1), the Chief Electoral Officer must designate one or more places as a dedicated polling station or dedicated polling stations at which voters in custody or authorized representatives in custody are allocated to vote. (L.N. 132 of 2009)

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 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, in relation to more than one subsector election, designate one counting station for the counting of the votes cast at all the polling stations used for polling for the subsector elections concerned.

For the purposes of section 28(1)(a) or (b), 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 subsector 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. (15 of 2016 s. 62)

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

The Chief Electoral Officer may, for the purpose of subsection (1), designate as a special polling station any place which has been designated as a polling station under section 28. (L.N. 114 of 2006)

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

The Chief Electoral Officer may make arrangements for voting for more than one subsector to take place at one polling station.

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

If a voter or authorized representative will be serving a sentence of imprisonment on the polling day, the Chief Electoral Officer may allocate to the voter or authorized representative a dedicated polling station to cast the vote or votes he or she is entitled to cast at a subsector election. (L.N. 132 of 2009)

If a person is entitled to cast more than one vote (one as a voter and the other as an authorized representative), the Chief Electoral Officer may allocate to that person the same polling station to cast both the votes.

The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to a voter 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 (2), to cast the vote or votes he or she is entitled to cast at a subsector election.

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 subsector election, the Chief Electoral Officer must, at least 5 days before polling day, send a poll card to each voter and authorized representative.

A poll card need not be sent to a voter or authorized representative if—

A poll card sent to a voter or authorized representative who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the voter or authorized representative and sent, as far as practicable, to the prison. (L.N. 132 of 2009)

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

If the Chief Electoral Officer receives notice of the substitution or replacement of an authorized representative within the 5 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.

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

As soon as practicable after having allocated to a voter or authorized representative an alternative polling station under section 30(4), the Chief Electoral Officer must, 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.

A voter 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 subsector for which he or she is entitled to vote.

An application under subsection (1) must reach the Chief Electoral Officer at least 3 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 voter or authorized representative an appropriate special polling station to cast the vote he or she is entitled to cast at the subsector election to which the application relates.

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

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

of the name, identity document number and residential address (as they appear in the subsector final register) of the voter or authorized representative.

The Chief Electoral Officer must notify the persons referred to in subsection (5) of the subsector for which the voter or authorized representative is entitled to vote.

The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to a voter 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.

As soon as practicable after having allocated to a voter or authorized representative an alternative special polling station under subsection (7), the Chief Electoral Officer must, 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.

The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer. (L.N. 114 of 2006; L.N. 176 of 2006)

The Chief Electoral Officer must supply to each candidate a copy of the part of the subsector final register which relates to the subsector for which that candidate is nominated.

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

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

A copy for the purposes of this section may be supplied to the election agent of the candidate instead of to the candidate.

The Chief Electoral Officer must supply to the Returning Officer a copy of the part of the subsector final register which relates to the subsector for which that Returning Officer is appointed.

A copy under this section must be supplied after the relevant notice of nominations is published under section 18.

The copy may contain the identity document numbers of the voters 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 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 voters and authorized representatives to mark ballot papers, 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 subsector or subsectors 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 20(1) or 21(1) is given or declarations under section 20(3) or 21(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. (1 of 2019 s. 39; 8 of 2025 s. 27)

The Chief Electoral Officer must also supply to the Presiding Officer a copy of the part of the subsector final register relating to that subsector or subsectors.

The copy may contain the identity document numbers of the voters 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 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 voters and authorized representatives to mark the ballot papers.

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 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 subsector a list of the polling officers appointed for the polling stations at which polling for that subsector is to take place.

The Presiding Officer must display the list referred to in subsection (1) in a prominent place— (L.N. 75 of 2011)

The Presiding Officer of a polling station must ensure that a notice providing information for the guidance of voters and authorized representatives in voting procedure is— (L.N. 132 of 2009)

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

The Returning Officer for a subsector must determine an area outside each polling station used for polling for that subsector 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.

If a polling station is to be used for polling for more than one subsector, 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.

If a polling station is to be used for polling for only one subsector, the Returning Officer for the subsector must give notice to the candidates.

If a polling station is to be used for polling for more than one subsector, the Returning Officer who makes the determination must give notice to the candidates for the subsector for which that Officer is appointed and the Returning Officers for the other subsectors for which the polling station is to be used.

Notice under subsection (3) or (4) must be given at least 7 days before polling day. (L.N. 114 of 2006)

A Returning Officer who is given notice under subsection (4) must give notice to the candidates for the subsector for which that Officer is appointed as soon as practicable after that Officer receives the notice.

A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both of those areas in accordance with this section. Subject to subsection (11), notice of a variation must be given as soon as practicable after the variation in the same manner as notice of a no canvassing zone or a no staying zone is given under subsection (3) or (4).

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.

(Repealed L.N. 75 of 2011)

If after display under subsection (8), 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 the Officer is required or authorized to perform under subsections (7), (8) and (9) through a Presiding Officer. (L.N. 75 of 2011)

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 (8) or (9), as may be applicable.

A notice of a variation under subsection (7) 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—

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. 75 of 2011)

On polling day, a person may, without obstructing any person, canvass for votes from door to door 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 pursuant to subsection (15), display or wear any badge, emblem, clothing or head-dress referred to in subsection (14)(d). (L.N. 114 of 2006)

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. 75 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. 132 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. 114 of 2006)

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.

For the purpose of subsection (2) but without limiting it, a person misconducts himself or herself if the person causes an obstruction to any person who is in the no canvassing zone or the no staying zone and on his or her way to vote.

A candidate may appoint persons to attend at polling stations on his or her behalf for any purpose connected with the conduct of a poll, in accordance with this section.

Polling agents may be appointed by a candidate to attend only at the polling stations used for polling for the subsector for which the candidate is standing for election.

A candidate may appoint a maximum of 2 polling agents for one polling station.

Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent.

A candidate who appoints a polling agent must give notice of the appointment to the Chief Electoral Officer at least 7 days before polling day. (15 of 2016 s. 40)

A notice of appointment given under subsection (5) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 40)

Despite subsections (1), (3) and (5)—

Despite subsection (5A)(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— (15 of 2016 s. 40)

If the Commissioner of Correctional Services refuses to give consent under subsection (5A)(d), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 132 of 2009)

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 (5), be delivered on the polling day to the Presiding Officer of the polling station— (L.N. 132 of 2009)

Subject to subsection (5A)(d), the appointment of a polling agent is not effective until notice of the appointment is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (15 of 2016 s. 40)

A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and address of the polling agent. It must be signed by the candidate.

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 (11) or (11A). (15 of 2016 s. 40)

A notice of revocation must be in writing and in the specified form. It must be signed by the candidate.

If 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. 75 of 2011; 15 of 2016 s. 40)

If the notice of revocation is given on the polling day—

The revocation of the appointment of a polling agent is not effective until notice of the revocation is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate.

The Chief Electoral Officer must delineate each polling station on one or more maps or plans. (L.N. 132 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.

Subsection (6) does not apply to a dedicated polling station situated in a maximum security prison. (L.N. 132 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.

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.

A candidate, an election agent or a 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 in a polling station on behalf of a candidate.

If—

that Officer may permit the child to enter the polling station.

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.

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. 114 of 2006)

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.

A person who, on polling day, engages in canvassing for votes or displays an election advertisement within a polling station, commits an offence.

A person who, on polling day—

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. 114 of 2006)

commits an offence.

Subsection (1) does not apply to—

A person who commits an offence under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 114 of 2006)

A person who commits an offence under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 114 of 2006)

The Presiding Officer must keep order at the polling station.

If, on polling day, at a polling station, a person—

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

If a voter or authorized representative who is allocated to vote at a dedicated polling station fails to comply with section 54(1) and (1A), the Returning Officer or the Presiding Officer may order him or her to leave the polling station immediately. (L.N. 132 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. 132 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. 132 of 2009)

For the purpose of subsection (2) but without limiting it, a person misconducts himself or herself if the person disrupts the poll at the polling station, or disturbs or causes inconvenience to any person in the polling station.

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.

Subject to subsection (2), a ballot paper to be used to vote at a subsector election is to be in Form 1 in Schedule 2.

If the Commission has made a direction under section 56(2) in relation to a subsector by-election, the ballot paper to be used to vote at the subsector by-election is to be in Form 2 in Schedule 2.

The Commission may decide—

The order in which the names of candidates appear on a ballot paper is to be determined by the Returning Officer by the drawing of lots. A number is to be allocated to each candidate in accordance with the result of the draw.

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.

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 under this section, the name of the candidate and the information under subsection (7) relating to that candidate—

The number allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the subsector concerned who has died or is disqualified is omitted from the ballot paper, crossed out or endorsed with a marking under subsection (8). (8 of 2025 s. 29)

A ballot paper is to have the date and description of the subsector 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 (6) may be given to the election agent of the candidate instead of to the candidate.

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 issue 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 subsector final register, whom he or she claims to be. (L.N. 131 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 the subsector 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).

When asking the questions, the Presiding Officer must have regard to whether the person applying for the ballot paper is a voter or an authorized representative. That Officer must choose, frame, adjust or modify the questions accordingly.

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 issue a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer.

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, 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. 75 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). (E.R. 1 of 2020)

At a polling station used only for polling for one subsector, the Presiding Officer is, subject to subsection (3), to issue one ballot paper to a person who is voting only as a voter or only as an authorized representative.

At a polling station used for polling for more than one subsector, the Presiding Officer is, subject to subsection (3), to issue—

Subject to section 60, if a person has been issued with a ballot paper for a subsector, a Presiding Officer must not issue another ballot paper for the subsector to that person.

If a person is entitled to be issued with 2 ballot papers, the ballot papers must be handed over to the person at the same time. (1 of 2019 s. 89)

Before a ballot paper is issued under this section, the name of the voter or authorized representative, as may be applicable, as stated in the copy of the subsector final register must be called out.

Immediately before issuing the ballot paper, the Presiding Officer must— (14 of 2021 s. 209)

to denote that the ballot paper or ballot papers the voter 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. 209)

No record is to be made of the particular ballot paper issued to a voter or authorized representative.

Subject to section 55, a voter or authorized representative who has been issued with a ballot paper must immediately cast his or her vote. When a voter or authorized representative is issued with a ballot paper, he or she must immediately go into a voting compartment and mark the ballot paper as appropriate. (L.N. 114 of 2006)

After marking a ballot paper, a voter or authorized representative must put the ballot paper into the ballot box in accordance with any direction given under subsection (1B). (L.N. 114 of 2006)

The Commission may direct, in such manner as it thinks fit, a voter or authorized representative—

A voter or authorized representative must leave the polling station as soon as he or she has put the ballot paper into the ballot box.

A person must not put anything into the ballot box other than a marked ballot paper or an envelope referred to in subsection (1B). (L.N. 75 of 2011)

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.

Subject to subsection (6), a voter or authorized representative who—

must not cast the vote unless before leaving the polling station, the voter or authorized representative has made a request to the Presiding Officer for permission to cast the vote at the polling station before the close of the poll and the Presiding Officer has granted the permission.

On making a request under subsection (1), the voter or authorized representative must—

If a voter or authorized representative has made a request under subsection (1) and has complied with subsection (2), 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.

Despite subsections (1), (2) and (3), a voter or authorized representative to whom a permission is granted under subsection (1) by a Presiding Officer of a dedicated polling station situated in a prison must not cast the vote unless the voter or authorized representative returns to the polling station within the time slot assigned to the voter or authorized representative under subsection (3B) or section 27(2A). (L.N. 132 of 2009)

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

If the Presiding Officer grants the permission under subsection (3), that Officer must—

If the Presiding Officer does not grant the permission under subsection (3), that Officer must immediately return to the voter or authorized representative the ballot paper that is given to that Officer under subsection (2)(b).

A voter or authorized representative who—

may cast the vote at the polling station before the close of the poll if before he or she leaves the polling station, the ballot paper has been given back to the Presiding Officer. In that case, the Presiding Officer must keep that ballot paper in that Officer’s custody and on the voter’s or authorized representative’s return to the polling station before the close of the poll to cast the vote, return to the voter or authorized representative that ballot paper in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 132 of 2009)

If a voter in custody or an authorized representative in custody leaves a dedicated polling station situated in a prison under subsection (6), the Commissioner of Correctional Services must, as far as practicable—

The right of a voter in custody or an authorized representative in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (6) is subject to his or her returning to the polling station within the time slot assigned to him or her under subsection (6A) or section 27(2A). (L.N. 132 of 2009)

When a voter or authorized representative is returned a ballot paper under subsection (4)(b), (5) or (6), section 54 and this section apply as if the voter or authorized representative had been issued with the ballot paper.

Subject to subsection (2), a voter or authorized representative voting at a subsector election must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of his or her choice. (1 of 2019 s. 53)

The Commission may, in relation to a subsector by-election, 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 so directs—

At a subsector ordinary election, a voter or authorized representative may vote for as many candidates as the number of EC members to be elected by the subsector concerned. At a subsector by-election, a voter or authorized representative may vote for as many candidates as the number of EC members to be returned at the subsector by-election. (14 of 2021 s. 210)

The Presiding Officer may mark a ballot paper for a voter 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 a voter 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 56, according to the choice of the voter or authorized representative. The Presiding Officer must put the ballot paper into the ballot box in the presence of a polling officer and in the appropriate manner described in section 54, after marking it.

A voter 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 55, if a person (the first-mentioned person) representing himself or herself to be a particular voter or authorized representative registered in the subsector final register applies for a ballot paper after a person has been issued with a ballot paper earlier on the basis that he or she is that first-mentioned person, the Presiding Officer must issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “重複” and “TENDERED”.

The Presiding Officer may issue a ballot paper under subsection (1) only if—

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, including any ballot paper kept in that Officer’s custody under section 55(4) or (6) at the close of the poll.

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

If a voter 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 that Officer and establishes to the satisfaction of that Officer inadvertence or the fact that he or she has 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 the words “損壞” and “SPOILT”.

As soon as practicable after the close of the poll at a polling station, 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 then comply with section 69 in relation to the ballot box, the sealed packets and the ballot paper account.

For the avoidance of doubt, it is declared that the ballot papers in a sealed packet prepared under this section are not to be processed for the purpose of the counting of votes. Accordingly, references in this Regulation to “ballot papers” in relation to the counting of votes are to be construed as not including those ballot papers. (E.R. 1 of 2020)