Electoral Procedure (Chief Executive Election) Regulation
(Enacting provision omitted—E.R. 1 of 2012)
[21 December 2001]
(Format changes—E.R. 1 of 2012)
(Omitted as spent—E.R. 1 of 2012)
In this Regulation, unless the context otherwise requires—
adjournment (押後), in relation to a poll or the counting of the votes in respect of a poll, means an adjournment under section 21(2) of the Election Ordinance or section 61(2), and adjourned (押後) shall be construed accordingly; (E.R. 2 of 2020) Assistant Presiding Officer (助理投票站主任) means a polling officer designated as an Assistant Presiding Officer under section 20(2); Assistant Returning Officer (助理選舉主任) means an Assistant Returning Officer appointed under section 41(3) of the Election Ordinance; ballot paper account (選票結算表) means a statement prepared under section 42; candidate (候選人) has, subject to subsection (2), the meaning assigned to it by section 2(1) of the Election Ordinance; Candidate Eligibility Review Committee (候選人資格審查委員會) means the Candidate Eligibility Review Committee established under section 9A of the Election Ordinance; (14 of 2021 s. 228) contested election (有競逐選舉) means an election in which there are 2 or more candidates; (L.N. 209 of 2006) counting agent (監察點票代理人) means a counting agent appointed under section 44; counting station (點票站) means a counting station designated under section 18; dedicated polling station (專用投票站) means a place designated as a dedicated polling station under section 18(1); (L.N. 133 of 2009) Deputy Presiding Officer (副投票站主任) means a polling officer designated as the Deputy Presiding Officer under section 20(2); election (選舉) means an election held under section 6 of the Election Ordinance; election advertisement (選舉廣告), in relation to an election, means— (a)a publicly exhibited notice, leaflet, circular, bill, booklet, placard or poster; (b)a notice, leaflet, circular, bill, booklet, placard or poster delivered by hand or electronic transmission; (c)a public announcement made by radio or television or by video or cinematographic film; or (d)any other form of publication, published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election; (11 of 2012 s. 15) election agent (選舉代理人) means an election agent appointed under section 12; election expense agent (選舉開支代理人) means an election expense agent appointed under section 13; election expenses (選舉開支) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), but the reference to “an election” in that meaning shall be construed as a reference to an election defined in this section; (L.N. 279 of 2001) Election Ordinance (《選舉條例》) means the Chief Executive Election Ordinance (Cap. 569); elector (選民) means a member of the Election Committee constituted under section 8 of the Election Ordinance who is not disqualified under section 26 of the Election Ordinance from voting; electoral officer (選舉事務人員) has the meaning assigned to it by section 2(1) of the Election Ordinance and includes a Presiding Officer, a polling officer and a counting officer; (L.N. 133 of 2009) final register (正式委員登記冊) means the final register of members of the Election Committee published under section 40(2), (3), (3A) or (4) of the Schedule to the Election Ordinance; (L.N. 209 of 2006) head-dress (頭飾) means anything which is worn on a person’s head; (L.N. 209 of 2006) identity card (身分證) has the same meaning as it has in the Registration of Persons Ordinance (Cap. 177); identity document (身分證明文件) means— (a)an identity card; (b)a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (1 of 2019 s. 80) (c)any other document issued to a person which is acceptable to the Returning Officer as proof of the person’s identity; in custody (受羈押), in relation to a person, means the person is— (a)serving a sentence of imprisonment; (b)detained by the Correctional Services Department on remand; or (c)otherwise detained by any law enforcement agency under any lawful authority; (L.N. 133 of 2009) law enforcement agency (執法機關) means— (a)the Customs and Excise Department; (b)the Hong Kong Police Force; (c)the Immigration Department; (d)the Independent Commission Against Corruption; or (e)any other department of the Government any officer of which is empowered by any Ordinance to exercise a power of arrest; (L.N. 133 of 2009) main polling station (主投票站) means the place designated as the main polling station under section 18(1); (L.N. 133 of 2009) maximum security prison (高度設防監獄) means a prison which is specified as a maximum security prison under rule 47A(1)(b) of the Prison Rules (Cap. 234 sub. leg. A); (L.N. 133 of 2009) member of the Election Committee (選舉委員) has the meaning given by section 2(1) of the Election Ordinance; (14 of 2021 s. 228) no canvassing zone (禁止拉票區) means an area determined under section 23 as a no canvassing zone; no staying zone (禁止逗留區) means an area determined under section 23 as a no staying zone; nomination period (提名期) means the nomination period fixed under section 15(1) of the Election Ordinance; ordinary business hours (通常辦公時間) means the hours— (a)between 9 a.m. and 5 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday (other than a general holiday); and (b)between 9 a.m. and 12 noon on a Saturday (other than a general holiday) during the period between—(i)the date of publication of a notice under section 3 in respect of an election; and(ii)the date of publication of the result of the election under the Election Ordinance or the date of the declaration of the termination of the proceedings for the election under that Ordinance, as may be appropriate; (15 of 2016 s. 70) poll (投票) has the meaning assigned to it by section 2(1) of the Election Ordinance; polling agent (監察投票代理人) means a polling agent appointed under section 25; polling date (投票日) means— (a)the date fixed in accordance with section 10 or 11 of the Election Ordinance as the date of the poll; (b)the date fixed in accordance with section 17(3); or (c)the date appointed under section 65(1) or (2); polling hours (投票時間) means the hours for polling appointed under section 17(1), (1A) or (3)(b) or 65(2); (L.N. 209 of 2006) polling officer (投票站人員) means a polling officer appointed under section 20; polling station (投票站) means— (L.N. 133 of 2009) (a)the main polling station; or (b)a dedicated polling station; (L.N. 133 of 2009) postponement (延遲), in relation to a poll or the counting of the votes in respect of a poll, means a postponement under section 21(1) of the Election Ordinance or section 61(1), and postponed (延遲) shall be construed accordingly; Presiding Officer (投票站主任) means a Presiding Officer appointed under section 20; (L.N. 133 of 2009) Returning Officer (選舉主任) has the meaning assigned to it by section 2(1) of the Election Ordinance; specified form (指明表格、指明格式) means, in a particular provision of this Regulation, the form specified under section 73 for the purpose of that provision; spoilt ballot papers (損壞的選票) means a ballot paper endorsed in the manner described in section 40(3); uncontested election (無競逐選舉) means an election in which at the close of nominations only one candidate is validly nominated; (L.N. 209 of 2006) unused ballot papers (未用的選票) means a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed in the manner described in section 39; verification statement (核實報表) means a statement prepared under section 49(1A)(a)(iii) or 52(1)(d). (1 of 2019 s. 60)In this section—
gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during ordinary business hours; rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); working day (工作日) means— (a)any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday; (b)a Saturday (other than a general holiday) during the period between—(i)the date of publication of a notice under section 3 in respect of an election; and(ii)the date of publication of the result of the election under the Election Ordinance or the date of the declaration of the termination of the proceedings for the election under that Ordinance, as may be appropriate.If—
a date is prescribed in this Regulation (whether by reference to a specific day of a specific month or to a day otherwise ascertainable under this Regulation) or is fixed under this Regulation;
an act is required or permitted by a provision of this Regulation to be done not later than, or on or before, the date or on the date; and
the date falls on an inclement weather warning day,
the next working day which is not an inclement weather warning day, following the date is taken to be prescribed or fixed in relation to the act instead for the provision.
If—
a period is prescribed in or fixed under this Regulation;
an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and
the last day of the period falls on an inclement weather warning day,
the period is extended, in relation to the act, to end on the next working day which is not an inclement weather warning day, following the day mentioned in paragraph (c), and the provision has effect accordingly.
Subsections (2) and (3) are subject to section 65.
As soon as practicable after the publication of a notice under section 12 of the Election Ordinance, the Chief Electoral Officer shall publish in the Gazette a notice which states—
the nomination period fixed under section 15(1) of the Election Ordinance;
the address of the office of the Returning Officer at which nomination forms must be delivered;
that nomination forms must be delivered during ordinary business hours; and
that a poll will be conducted on the polling date if any candidate is validly nominated. (L.N. 209 of 2006)
A nomination form nominating a person as a candidate shall—
be in the specified form;
contain a declaration by the person that he—
is eligible to be;
is not disqualified from being; and
consents to be,
so nominated;
contain the name as shown on the identity document and identity document number of the person and each member of the Election Committee making the nomination; (L.N. 279 of 2001)
be signed by—
the person;
a holder of an identity document who has attained the age of 18 years as the witness to the signature of the person; and (L.N. 279 of 2001)
each member of the Election Committee making the nomination; and
be delivered—
during ordinary business hours at the address stated in the notice published under section 3;
by the person in person or in any other manner authorized by the Returning Officer; and
together with the declarations referred to in section 16(7) of the Election Ordinance.
A nomination form nominating a person as a candidate may include a name of the person which is different from that shown on his identity document if the Returning Officer is satisfied that the person is usually known by that name. (L.N. 279 of 2001)
The Returning Officer may require a person who is nominated as a candidate to furnish any other information that the Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—
that the person is eligible to be nominated as a candidate; or
otherwise as to the validity of the nomination. (14 of 2021 s. 229)
The provisions of this section are made for the purposes of section 16 of the Election Ordinance.
The Returning Officer must, as soon as practicable after receiving a nomination form, forward the form to the Candidate Eligibility Review Committee.
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.
If sections 13, 14 and 16 of the Election Ordinance and section 4 are complied with in relation to a candidate, the candidate stands validly nominated unless—
the Candidate Eligibility Review Committee decides that the nomination form is invalid; or
the candidate withdraws his or her candidature.
Without prejudice to sections 13, 14 and 16 of the Election Ordinance, the Candidate Eligibility Review Committee may decide that a nomination is invalid if and only if—
the nomination form has not been signed by the number of members of the Election Committee qualified to make the nomination as required under section 16(2)(a) of the Election Ordinance;
the nomination form has not been completed or signed as required under this Regulation;
the Candidate Eligibility Review Committee is satisfied that the candidate is not eligible to be, or is disqualified from being, nominated as a candidate under the Election Ordinance; or
the Returning Officer is satisfied that the candidate is dead.
In deciding whether a candidate is validly nominated, the Candidate Eligibility Review Committee—
may require the Returning Officer to advise the Committee, and have regard to such advice of the Returning Officer, as to any of the matters specified in subsection (6); and
may require the candidate to furnish any other information that the Committee considers appropriate to be satisfied as to the validity of the nomination.
The matters specified for subsection (5)(a) are—
subject to subsection (7), whether, in the opinion of the Returning Officer, sections 13, 14 and 16 of the Election Ordinance and section 4 are complied with in relation to the candidate;
whether, in the opinion of the Returning Officer, the nomination form of the candidate is valid;
whether the candidate has withdrawn candidature;
whether the nomination form of the candidate has been signed by the number of members of the Election Committee qualified to make the nomination as required under section 16(2)(a) of the Election Ordinance;
whether the nomination form of the candidate has been completed or signed as required under this Regulation;
in the opinion of the Returning Officer—
whether the candidate is eligible to be nominated as a candidate under the Election Ordinance; and
whether the candidate is disqualified from being nominated as a candidate under that Ordinance; and
whether, according to the information available to the Returning Officer, the candidate is dead.
For the purposes of subsection (6)(a), the Returning Officer is not to advise on whether a candidate has complied with section 16(7)(a)(ii) of the Election Ordinance.
In this section, a reference to section 13, 14 or 16 of the Election Ordinance being complied with in relation to a candidate is to be construed as follows—
for section 13 of that Ordinance—that the candidate is eligible to be nominated as a candidate at an election under that section;
for section 14 of that Ordinance—that the candidate is not disqualified from being nominated as a candidate at an election under that section; and
for section 16 of that Ordinance—that the candidate has complied with that section.
If the Returning Officer—
detects on a nomination form an error or omission or anything which may affect the validity of the nomination form; and
considers that it can be rectified within the nomination period,
he may, before forming an opinion for the purposes of section 4A(5)(a) and (6)(b) as to whether the nomination form is valid, give the candidate a reasonable opportunity to rectify it. (14 of 2021 s. 231)
A nomination form cannot be rectified under this section after the close of nominations.
If the Candidate Eligibility Review Committee determines that a nomination form or the nomination of a candidate is invalid, the Committee must endorse on the nomination form the determination and the reasons for it.
The Candidate Eligibility Review Committee must sign an endorsement under subsection (1).
The Candidate Eligibility Review Committee must, after deciding whether a person is validly nominated—
inform the Returning Officer of the decision; and
return the nomination form to the Returning Officer for retention. (14 of 2021 s. 232)
The Returning Officer shall, as soon as practicable after the Candidate Eligibility Review Committee has determined that a person is validly nominated as a candidate or is not so nominated, send a written notice of the determination to the person and to each validly nominated candidate. (14 of 2021 s. 233)
A notice under subsection (1) shall be sent to the address of the person concerned contained in the nomination form.
A copy of each of the nomination forms received by the Returning Officer shall be made available for inspection by the public— (L.N. 209 of 2006)
free of charge;
at an office of the Returning Officer specified by him; and
during ordinary business hours,
until the publication of the relevant result or until the termination of the proceedings for the election under section 22(1AA), (1AB)(e), (1) or (3)(e) of the Election Ordinance. (L.N. 209 of 2006; L.N. 76 of 2011)
A withdrawal of candidature under section 19 of the Election Ordinance shall be effected by delivering a notice of withdrawal to the Returning Officer before the close of nominations.
A notice of withdrawal shall—
be in the specified form;
bear the signature of the candidate which shall be attested by a witness and bear the witness’ signature; and
be delivered—
by the candidate in person or his election agent in person;
at an office of the Returning Officer specified by him; and
during ordinary business hours.
The provisions of this section are made for the purposes of section 19 of the Election Ordinance.
(Repealed L.N. 209 of 2006)
The Returning Officer shall, as soon as practicable after terminating the proceedings for the election under section 22(1AA), (1AB)(e), (1) or (3)(e) of the Election Ordinance, publish a notice of the termination of proceedings. (L.N. 209 of 2006; L.N. 76 of 2011)
A notice under subsection (1) shall—
be signed by the Returning Officer;
state the reasons for and the date and time of the termination; and
be published in the Gazette or in such newspaper circulating daily in Hong Kong as the Returning Officer considers appropriate.
A candidate may appoint one person as his election agent. (L.N. 209 of 2006)
Only a holder of an identity card who has attained the age of 18 years may be appointed as an election agent.
An election agent appointed by a candidate may do all things which the candidate may do or is required to do under this Regulation in connection with an election except— (15 of 2016 s. 59)
making a declaration referred to in section 16(7) of the Election Ordinance or section 4(1)(b);
signing on a nomination form as the candidate being nominated;
signing on a notice of withdrawal of candidature referred to in section 19 of the Election Ordinance as the candidate;
appointing an election agent under subsection (1);
appointing an election expense agent under section 13;
without prejudice to section 13, incurring election expenses on behalf of the candidate; (L.N. 133 of 2009)
revoking the appointment of an election agent or election expense agent under section 14(4); (L.N. 133 of 2009)
subject to paragraph (i), being present in a dedicated polling station situated in a prison unless, on an application in the specified form delivered by hand, by post, by electronic mail or by facsimile transmission to the Chief Electoral Officer at least one week before the polling date, the Commissioner of Correctional Services consents to his presence; or (L.N. 133 of 2009; 15 of 2016 s. 43)
being present in a dedicated polling station situated in a maximum security prison. (L.N. 133 of 2009; L.N. 197 of 2009)
The Commissioner of Correctional Services must not give consent to an election agent under subsection (3)(h) in respect of a polling station if a polling agent has been appointed under section 25 by the same candidate for that polling station. (L.N. 133 of 2009)
Despite subsection (3)(h), the Commissioner of Correctional Services may, on an application made under that subsection during the week before the polling date, give consent under that subsection if he is satisfied that— (15 of 2016 s. 43)
an elector in custody who is entitled to vote at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and
the application is made without undue delay after the admission or transfer. (L.N. 133 of 2009; 15 of 2016 s. 43)
If the Commissioner of Correctional Services refuses to give consent under subsection (3)(h), he must notify the candidate or the election agent as soon as practicable. (L.N. 133 of 2009)
Subject to subsection (3), any act which purports to be done by an election agent in his capacity as such on behalf of the candidate who appointed him shall be as effective as if it had been done by the candidate in person.
A notice under section 15(1), 23(2) or (4), 31(4) or 43(3) given to the election agent of a candidate shall be regarded as having been given to the candidate.
A candidate may appoint as his election expense agent any number of person who has attained the age of 18 years. (L.N. 209 of 2006)
An election expense agent appointed by a candidate shall, by virtue of the appointment, be authorized to incur election expenses on behalf of the candidate as his agent.
In this section—
a reference to the Returning Officer shall be construed as a reference to the Chief Electoral Officer if the Returning Officer has not been appointed.
An appointment of an agent shall be effected by giving a notice of appointment to the Returning Officer.
A notice of appointment shall—
be delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of an appointment made on the polling date) by post; (15 of 2016 s. 44)
be in specified form;
state the name and address of the agent;
state—
for an election agent—the identity card number of the agent; and
for an election expense agent—the identity document number of the agent; and (1 of 2019 s. 84)
be signed by the candidate and the agent.
The appointment of an agent may be revoked by giving a notice of revocation to the Returning Officer.
A notice of revocation shall be—
delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of a revocation of appointment made on the polling date) by post; (15 of 2016 s. 44)
in specified form; and
signed by the candidate.
If an agent dies or the appointment of an agent is revoked, the candidate may, subject to this Part, appoint another person as an agent to replace the first-mentioned agent.
The appointment of or revocation of the appointment of an agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer.
The Returning Officer shall display in a prominent place immediately outside his office a notice of the particulars of the election agents.
All notices of appointment of election expense agent given by any candidate under subsection (2) shall be made available for inspection by the public—
free of charge;
at an office of the Returning Officer specified by him; and
during ordinary business hours,
until the end of the period during which the copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).
After receiving a notice of appointment of an election agent by a candidate, the Returning Officer shall send a notice in specified form to every other candidate.
A notice under subsection (1) shall—
state the name and address of the agent; and (L.N. 209 of 2006)
be sent as soon as practicable after the receipt of the notice of appointment.
A candidate who appoints an election expense agent shall set the maximum amount of election expenses that the agent may incur on his behalf.
The amount set under subsection (1) by a candidate in relation to an election expense agent shall be specified in the notice of appointment of the agent.
Subject to subsections (8) and (9), in a contested election, the hours during which electors can vote in the first 3 rounds of voting on the polling date shall be appointed by the Chief Electoral Officer. (L.N. 209 of 2006; L.N. 133 of 2009)
Subject to subsections (8) and (9), in an uncontested election, the hours during which electors can vote on the polling date shall be appointed by the Chief Electoral Officer. (L.N. 209 of 2006; L.N. 133 of 2009)
The Chief Electoral Officer shall, at least 10 days before the polling date, publish in the Gazette a notice specifying the polling hours appointed under subsection (1) or (1A). (L.N. 209 of 2006)
If in a contested election the voting has to proceed to the fourth or any subsequent round— (L.N. 209 of 2006)
any such round of voting shall, subject to subsection (4), be conducted on the day following the polling date on which the first 3 rounds of voting are conducted or, if the operation of section 27 of the Election Ordinance so requires, day after day thereafter until a candidate is returned or until the election proceedings are terminated under section 22(3)(e) of the Election Ordinance; and (L.N. 76 of 2011)
the Chief Electoral Officer shall appoint the hours during which electors can vote in such round.
Not more than 3 rounds of voting shall be conducted under subsection (3)(a) on each day.
The Chief Electoral Officer shall, as soon as practicable after the appointment of polling hours under subsection (3)(b) for a polling date fixed under subsection (3)(a), announce the polling date and polling hours through radio or television broadcast.
The Chief Electoral Officer shall appoint the polling hours so as to give the electors a reasonable opportunity to vote.
The Chief Electoral Officer may appoint different polling hours for different polling stations. (L.N. 133 of 2009)
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 18A. (L.N. 133 of 2009)
Subject to section 35, an elector to whom a time slot is assigned under subsection (8) may only cast his vote during the time slot. (L.N. 133 of 2009)
The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 133 of 2009)
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 (8) of the time slot assigned to each of them. (L.N. 133 of 2009)
The Chief Electoral Officer shall designate, by notice published in the Gazette at least 10 days before the polling date— (15 of 2016 s. 64)
a place as the main polling station for conducting a poll in respect of an election; (L.N. 133 of 2009)
one or more places as a dedicated polling station or dedicated polling stations at which electors in custody are allocated to vote; and (L.N. 133 of 2009)
a place as the counting station for counting of the votes cast in the election.
The Chief Electoral Officer may designate under subsection (1)—
any premises occupied by a Government department for official purposes; or
any other premises hired under subsection (3).
The Chief Electoral Officer may hire any premises for use as a polling station or the counting station. (L.N. 133 of 2009)
If any premises hired under subsection (3) are used as a polling station or the counting station, the Chief Electoral Officer shall— (L.N. 133 of 2009)
make good any damage to the premises; and
defray any expenses incurred by any person having control over the premises,
due to their having been so used.
The Chief Electoral Officer may take such steps as he considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any premises as a polling station or counting station. (L.N. 133 of 2009)
A designation under subsection (1) may be made by reference to a map or plan.
The Chief Electoral Officer shall display the relevant map or plan referred to in subsection (6)— (L.N. 133 of 2009)
in a prominent place immediately outside the main polling station;
in a prominent place inside a dedicated polling station; and
in a prominent place immediately outside the counting station. (L.N. 133 of 2009)
The Chief Electoral Officer may allocate to an elector who will be serving a sentence of imprisonment on the polling date a dedicated polling station to cast the vote he is entitled to cast at an election.
The Chief Electoral Officer may, if the circumstances require, allocate to an elector in custody an alternative polling station, in addition to or in substitution of the main polling station or the polling station allocated under subsection (1), to cast the vote he is entitled to cast at an 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—
the name of the person;
the number of the person’s identity document;
the prisoner registration number allocated by the Commissioner of Correctional Services to the person for identification purposes;
the name and address of the premises in which the person is detained. (L.N. 76 of 2011)
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—
the name of the person;
the number of the person’s identity document;
the name and address of the premises in which the person is detained. (L.N. 76 of 2011)
Subject to subsection (3), the Chief Electoral Officer shall send a polling notice in specified form to every elector.
A polling notice shall—
state the polling date and the polling hours; (L.N. 133 of 2009)
also state—
subject to subparagraph (ii), the address of the main polling station;
if it is sent to an elector who will be serving a sentence of imprisonment on the polling date, the address of the dedicated polling station allocated to him under section 18A; (L.N. 133 of 2009)
be accompanied by—
a location map of the polling station;
detailed voting instructions; and
details of the polling and counting procedures; and
be sent at least 10 days before the polling date.
A polling notice sent to an elector who will be serving a sentence of imprisonment in a prison on the polling date must be addressed to the elector and sent, as far as practicable, to the prison. (L.N. 133 of 2009)
If the polling date is fixed under section 17(3), the Chief Electoral Officer may dispense with the polling notice and announce the polling date, the polling hours and the addresses of the polling stations through radio or television broadcast. (L.N. 133 of 2009)
If the Chief Electoral Officer allocates an alternative polling station to an elector under section 18A(2), that Officer shall, as soon as practicable, notify—
the elector;
the Returning Officer;
the Presiding Officer of the polling station previously allocated to the elector; and
the Presiding Officer of the alternative polling station. (L.N. 133 of 2009)
(L.N. 133 of 2009; L.N. 76 of 2011)
The Chief Electoral Officer may appoint—
a Presiding Officer to preside at each polling station; and
such number of polling officers as he thinks fit to assist the Presiding Officer in the conduct of a poll.
The Chief Electoral Officer may, with reasonable cause, revoke at any time any appointment made under subsection (1). (L.N. 209 of 2006)
The Chief Electoral Officer may designate—
a polling officer as the Deputy Presiding Officer; and
any polling officer as an Assistant Presiding Officer.
The Presiding Officer of a polling station shall display a list of the names of the polling officers and himself in a prominent place— (L.N. 76 of 2011)
(if the polling station is not a dedicated polling station) immediately outside the polling station; or
(if the polling station is a dedicated polling station) inside the polling station. (L.N. 76 of 2011)
A Presiding Officer may perform any act which he is required or authorized to perform under this Regulation through a polling officer.
The Chief Electoral Officer shall, as soon as practicable after a nomination form nominating a candidate is delivered to the Returning Officer, supply to the candidate a copy of the final register.
The Chief Electoral Officer shall, as soon as practicable after making a declaration under section 18(1) of the Election Ordinance, supply to the Returning Officer a copy of the final register.
The Chief Electoral Officer may add to the copy of the final register supplied under subsection (1) or (2) such particulars or information as he thinks fit.
Copies of the final register may be supplied in any or all of the following form—
a printed form;
a non-legible form which is capable of being reproduced in a legible form by using a computer;
any other form determined by the Chief Electoral Officer.
The Chief Electoral Officer shall provide at each polling station sufficient compartments to enable electors to mark and fold ballot papers issued to them, screened from observation.
The Chief Electoral Officer shall supply to each Presiding Officer such number of ballot papers he considers necessary for the polling.
The Presiding Officer shall display a notice providing information on voting procedure for the guidance of electors—
in a prominent place immediately outside the main polling station;
in a prominent place inside a dedicated polling station; and (L.N. 133 of 2009)
inside every compartment provided under subsection (1).
The Returning Officer shall, by reference to a map or plan, determine—
any area outside a polling station as a no canvassing zone; and (L.N. 133 of 2009)
any area within a no canvassing zone as a no staying zone.
The Returning Officer shall give a notice indicating the boundary of the no canvassing zone and no staying zone to every candidate at least 7 days before the polling date. (L.N. 209 of 2006)
The Returning Officer may vary a no canvassing zone or a no staying zone.
If a no canvassing zone or a no staying zone is varied, the Returning Officer shall, as soon as practicable after the variation—
give a notice indicating the boundary of the zone as varied to every candidate; and
display a copy of such notice at or near the polling station.
On the polling date, the Returning Officer shall display at or near each polling station a notice indicating the boundary of the no canvassing zone and the no staying zone as determined or, where applicable, as varied. (L.N. 133 of 2009)
The Returning Officer may perform any act which he is required or authorized to perform under subsections (3), (4) and (5) through a Presiding Officer. (L.N. 209 of 2006; L.N. 133 of 2009)
A determination under subsection (1) comes into effect upon the display of a notice under subsection (5) in relation to the no canvassing zone and no staying zone as determined.
A variation under subsection (3) comes into effect upon the display of a notice under subsection (5) in relation to the no canvassing zone or no staying zone as varied.
The Presiding Officer shall keep order at any no canvassing zone or no staying zone.
No person shall—
engage in canvassing for votes in a no canvassing zone;
conduct any activity for canvassing for votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 209 of 2006)
subject to subsection (3A), use a sound amplifying system or device for any purpose in the no canvassing zone without lawful authority; (L.N. 76 of 2011)
use a sound amplifying system or device, for canvassing for votes, so that the sound emitted by it can be heard in the no canvassing zone;
without reasonable excuse, display in the no canvassing zone any propaganda material relating to any candidate or the election of the Chief Executive; or
stay or loiter in the no staying zone without the express permission of the Presiding Officer,
on the polling date.
For the purposes of subsection (2), the following acts shall fall within “canvassing for votes”—
in the case of a contested election, suggesting not to vote for any candidate; and
in the case of an uncontested election, suggesting not to vote in support of the candidate. (L.N. 209 of 2006)
An officer of the Correctional Services Department may, on the polling date, 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. 76 of 2011; 15 of 2016 s. 71)
No person shall—
fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer;
cause an obstruction to any person who is in the zone and on his way to vote; or
otherwise misconduct himself,
in a no canvassing zone or a no staying zone on the polling date.
If a person contravenes subsection (2) or (4), the Returning Officer or the Presiding Officer may—
require the person to produce his identity card for inspection; and
order the person to leave the zone immediately.
No person shall fail to produce his identity card when required to do so under subsection (5).
If a person fails to leave when ordered to do so under subsection (5), he may be removed by— (L.N. 133 of 2009)
a police officer;
a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or
if the no canvassing zone or the no staying zone, as may be appropriate, is determined in relation to a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 133 of 2009)
No person who is removed under subsection (7) shall enter the relevant zone again on the polling date without the express permission of the Returning Officer or the Presiding Officer.
The powers conferred by subsections (5) and (7) shall not be so exercised as to prevent an elector from voting.
A candidate may appoint— (L.N. 133 of 2009)
not more than 3 persons as the candidate’s polling agents for the main polling station; and
one person as the candidate’s polling agent for each dedicated polling station not situated in a maximum security prison. (L.N. 209 of 2006; L.N. 133 of 2009)
Despite subsection (1)—
no polling agent may be appointed by a candidate for a dedicated polling station situated in a prison if the Commissioner of Correctional Services has consented under section 12(3)(h) to the presence of the election agent of that candidate in that polling station;
no polling agent may be appointed for a dedicated polling station situated in a maximum security prison. (L.N. 133 of 2009)
A polling agent appointed by a candidate may attend at the polling station on behalf of the candidate for any purpose connected with the conduct of a poll.
Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent.
An appointment of a polling agent is effective only if a notice of appointment is delivered to— (L.N. 133 of 2009; 15 of 2016 s. 45)
the Chief Electoral Officer by hand, by post, by electronic mail or by facsimile transmission at least 7 days before the polling date; or
the Presiding Officer of the polling station by the candidate, or the election agent of the candidate, in person on the polling date. (15 of 2016 s. 45)
Despite subsections (1) and (4), the appointment of a polling agent for a dedicated polling station situated in a prison is not effective unless— (L.N. 133 of 2009; 15 of 2016 s. 45)
a notice of appointment is given in accordance with subsection (4)(a); and
the Commissioner of Correctional Services consents to the appointment. (15 of 2016 s. 45)
Despite subsection (4A), even though a notice of appointment is given during the week before the polling date, the Commissioner of Correctional Services may still give consent under that subsection if he is satisfied that— (15 of 2016 s. 45)
an elector in custody who is entitled to vote at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and
the notice of appointment is given without undue delay after the admission or transfer. (L.N. 133 of 2009; 15 of 2016 s. 45)
If the Commissioner of Correctional Services refuses to give consent under subsection (4A), he must notify the candidate or his election agent as soon as practicable. (L.N. 133 of 2009)
A notice of appointment shall—
(Repealed 15 of 2016 s. 45)
be in specified form;
state the name, identity card number and address of the polling agent; and
be signed by the candidate and the polling agent.
The appointment of a polling agent may be revoked by giving a notice of revocation to the Chief Electoral Officer or the Presiding Officer of the polling station in accordance with subsection (7A) or (7B). (L.N. 133 of 2009; L.N. 76 of 2011; 15 of 2016 s. 45)
(Repealed 15 of 2016 s. 45)
A notice of revocation shall be—
(Repealed 15 of 2016 s. 45)
in specified form; and
signed by the candidate.
If the notice of revocation is given before the polling date, it must be delivered to the Chief Electoral Officer by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 45)
If the notice of revocation is given on the polling date—
(if the polling station for which the polling agent is appointed is not a dedicated polling station situated in a prison) it must be delivered to the Presiding Officer of the polling station by the candidate, or the election agent of the candidate, in person; or
(if the polling station for which the polling agent is appointed is a dedicated polling station situated in a prison) it must be delivered to the Chief Electoral Officer by hand, by electronic mail or by facsimile transmission. (15 of 2016 s. 45)
If the appointment of a polling agent is revoked, the candidate may, subject to this section, appoint another person as a polling agent to replace the first-mentioned agent.
The appointment of or revocation of the appointment of a polling agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Chief Electoral Officer or the Presiding Officer.
(Repealed 15 of 2016 s. 45)
Subject to subsections (1A) and (1B), only— (L.N. 133 of 2009; L.N. 76 of 2011)
a member of the Commission;
the Returning Officer;
an Assistant Returning Officer;
the Chief Electoral Officer;
the Presiding Officer;
a polling officer;
a candidate;
an election agent;
an elector;
a polling agent;
a public officer on duty at the polling station;
a member of Civil Aid Service on duty at the polling station;
a police officer on duty at the polling station; (L.N. 209 of 2006)
a person authorized in writing by the Returning Officer to act as a liaison officer; (L.N. 209 of 2006)
a child with permission granted under subsection (2); (14 of 2021 s. 234)
a person authorized under subsection (3); or (14 of 2021 s. 234)
an individual who provides the assistance mentioned in section 93(2)(c) pursuant to an authorization under that section, (14 of 2021 s. 234)
may enter or stay in a polling station.
The following provisions apply in relation to a dedicated polling station not situated in a maximum security prison—
if a candidate is present in the polling station, the election agent or the 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 for accommodating them;
a person referred to in paragraph (b) who wishes to enter the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his identity card and a declaration of secrecy in the specified form completed by him. (L.N. 133 of 2009)
The following provisions apply in relation to a dedicated polling station situated in a maximum security prison—
an election agent may not be present in the polling station;
a candidate may be present in the polling station subject to the availability of any seat in the area designated for accommodating the candidate; (L.N. 76 of 2011)
a candidate who wishes to enter the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his identity card and a declaration of secrecy in the specified form completed by him. (L.N. 133 of 2009)
If—
an elector arrives at the main polling station for the purpose of voting accompanied by a child; and
the Presiding Officer considers that the child—
should not be left unattended while the elector is in the polling station; and
will not disturb or cause inconvenience to any person in the polling station,
the Presiding Officer may grant permission for the child to enter the polling station.
The Chief Electoral Officer or a member of the Commission may authorize any person in writing to enter and stay in a polling station in accordance with the terms of the authorization.
The Presiding Officer of a polling station shall keep order at the polling station. (L.N. 133 of 2009)
No person shall—
communicate with any elector; or
use a mobile telephone, paging machine or any other communication device to communicate with any other person,
in a polling station during the polling hours contrary to a direction of the Returning Officer, Assistant Returning Officer, Presiding Officer or any polling officer not to do so. (L.N. 209 of 2006; L.N. 133 of 2009)
Subsection (2) does not apply to—
a member of the Commission;
the Returning Officer;
an Assistant Returning Officer;
the Chief Electoral Officer;
a Presiding Officer; (L.N. 133 of 2009)
a polling officer;
a public officer on duty at the polling station;
a member of the Civil Aid Service on duty at the polling station; (L.N. 209 of 2006)
a police officer on duty at the polling station; (L.N. 209 of 2006)
a person authorized in writing by the Returning Officer to act as a liaison officer; or (L.N. 209 of 2006)
a person authorized by the Chief Electoral Officer or a member of the Commission in writing to do an act prohibited by subsection (2).
No person shall—
film;
take photograph; or
make any audio or video recording,
in a polling station on the polling date without the express permission of—
a member of the Commission;
the Returning Officer; or
the Presiding Officer.
No person shall—
engage in canvassing for votes; or
without reasonable excuse, display any propaganda material relating to any candidate or the election of the Chief Executive,
in a polling station on the polling date. (L.N. 133 of 2009)
For the purposes of subsection (5), the following acts shall fall within “canvassing for votes”—
in the case of a contested election, suggesting not to vote for any candidate; and
in the case of an uncontested election, suggesting not to vote in support of the candidate. (L.N. 209 of 2006)
No person shall—
fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer;
disrupt the poll;
disturb or cause inconvenience to any person; or
otherwise misconduct himself,
in a polling station on the polling date. (L.N. 133 of 2009)
If an elector who is allocated to vote at a dedicated polling station fails to cast his vote without undue delay in accordance with section 36(1), the Returning Officer or the Presiding Officer may order him to leave the polling station immediately. (L.N. 133 of 2009)
If a person contravenes subsection (5), (7) or (7A), the Returning Officer or the Presiding Officer may— (L.N. 133 of 2009)
require the person to produce his identity card for inspection; and
order the person to leave the polling station immediately.
No person shall fail to produce his identity card when required to do so under subsection (8).
If a person fails to leave a polling station under subsection (7A) or (8), he may be removed— (L.N. 133 of 2009)
in the case of the main polling station, by a police officer or by a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or
in the case of a dedicated polling station, by—
a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate;
an officer of the Correctional Services Department; or
an officer of any law enforcement agency. (L.N. 133 of 2009)
A person who is removed under subsection (10) may not enter the polling station again on the polling date without the express permission of the Returning Officer or the Presiding Officer.
The powers conferred by subsections (8) and (10) shall not be so exercised as to prevent an elector from voting.
A ballot box to be used in a poll shall be so constructed that ballot papers can be put into it while it is locked but cannot be withdrawn from it without unlocking it and breaking the sealing device used to seal it.
Immediately before the commencement of the poll, the Presiding Officer shall show the ballot box, empty, to the persons who are present within the polling station.
The Presiding Officer shall, after showing the ballot box under subsection (1), lock it and seal it with a sealing device provided for that purpose by the Chief Electoral Officer so that it cannot be opened without unlocking the lock and breaking the sealing device.
The Presiding Officer shall—
place the ballot box for the receipt of ballot papers in the view of a polling officer or himself; and
ensure that the ballot box is kept locked and sealed while it is in his custody.
A ballot paper to be used in a contested election shall be in Form 1 in the Schedule. (L.N. 209 of 2006)
A ballot paper to be used in an uncontested election shall be in Form 2 in the Schedule. (L.N. 209 of 2006)
The Commission may decide—
the colour of ballot papers;
the design, if any, printed on the back of ballot papers; or
to have ballot papers to be used in different rounds of voting printed in different colours.
A number may be printed on the counterfoil of a ballot paper, but that number shall not be printed or shown in any manner on the ballot paper.
This section applies to a contested election. (L.N. 209 of 2006)
A number shall be allocated to each candidate by the drawing of lots conducted by the Returning Officer.
The names of the candidates shall appear on a ballot paper in the order of the numbers allocated under subsection (1).
The number allocated to a candidate shall be printed on the ballot papers against his name.
The Chief Electoral Officer shall give notice to each candidate of the arrangements for the drawing of lots under subsection (1).
A candidate or his election agent may be present at the drawing of lots under subsection (1).
The Presiding Officer may, in case of doubt and at the time a person applies for a ballot paper, ask the person any appropriate question set out in any paragraph of subsection (2). (L.N. 209 of 2006)
The questions referred to in subsection (1) are—
in relation to any election—
“你是否已登記在選舉委員會正式委員登記冊上，而有關登記記項一如以下所述 (the Presiding Officer to read the Chinese version of the whole entry as it is recorded in the final register)?”; or
“Are you the person registered in the Election Committee final register as follows (the Presiding Officer to read the English version of the whole entry as it is recorded in the final register)?”; (L.N. 209 of 2006)
in relation to a contested election—
“你是否已在這一輪投票中投了票?”; or
“Have you already cast a vote in this round of voting?”; (L.N. 209 of 2006)
in relation to an uncontested election—
“你是否已投了票?”; or
“Have you already cast a vote?”. (L.N. 209 of 2006)
The Presiding Officer must ask the appropriate question set out in subsection (2) if so required by a candidate, an election agent or a polling agent.
The Presiding Officer shall not issue a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer.
If a candidate, an election agent or a polling agent—
declares to the Presiding Officer that he has reasonable cause to believe that a person has engaged in corrupt conduct of impersonation referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); and
undertakes in writing to substantiate the allegation in a court,
the Presiding Officer may take the step specified in subsection (3A).
A declaration referred to in subsection (1)(a) may only be made—
at the time the person applies for the ballot paper; or
after the person has applied for a ballot paper; and
before the person has left the polling station.
If the Presiding Officer has reason to believe that a person—
who applies for or has applied for a ballot paper; and
who has not left the polling station,
has engaged in corrupt conduct of impersonation referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), the Presiding Officer may take the step specified in subsection (3A).
The step specified for the purposes of subsections (1) and (3) is—
in the case of the main polling station, requesting a police officer to arrest the person concerned; or
in the case of a dedicated polling station, requesting an officer of the Correctional Services Department or any law enforcement agency to remove the person concerned from the polling station and report the case to the police. (L.N. 133 of 2009)
A person—
in respect of whom a declaration is made under subsection (1) (whether or not he is arrested or removed under that subsection); or
who has been arrested or removed pursuant to a request made under subsection (3),
shall not be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 76 of 2011)
If a person applies for a ballot paper at the issuing desk, the polling officer manning the desk shall—
upon being satisfied, by inspecting the document or documents set out in subsection (1A) or (1B), that the person is an elector registered in the final register; and (L.N. 132 of 2017)
after calling out the name of the person as stated in the copy of the final register in that officer’s possession,
issue to the person one ballot paper and a chop for marking the ballot paper.
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)(a) are any of the following—
the person’s identity card; (L.N. 151 of 2018)
a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) (Commissioner of Registration) to the person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; (L.N. 151 of 2018)
a document issued by the Commissioner of Registration acknowledging that the person has applied—
to be registered under the Registration of Persons Ordinance (Cap. 177); or
for a new identity card under regulation 13 or 14 of the Registration of Persons Regulations (Cap. 177 sub. leg. A);
a valid Hong Kong Special Administrative Region Passport issued to the person under the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539);
a valid identity book for a seaman issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);
a valid document of identity issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);
both— (L.N. 151 of 2018)
a document evidencing a report to a police officer of the loss or destruction of the document referred to in paragraph (a), (ab) or (b); and (L.N. 151 of 2018)
a valid passport or similar travel document (not being one referred to in another paragraph in this subsection) issued to the person showing the person’s name and photograph. (L.N. 151 of 2018)
(Repealed L.N. 151 of 2018)
For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsection (1)(a) is a document issued by the Commissioner of Correctional Services showing—
the person’s name;
the person’s photograph; and
the prisoner registration number allocated by that Commissioner to the person for identification purposes. (L.N. 132 of 2017)
A person shall not be prevented from voting only due to an omission or inaccuracy of a particular required to be registered in the final register, other than the omission of both his name and the identity document number.
If a ballot paper is issued to an elector, the polling officer shall, subject to subsection (4), record that a ballot paper has been so issued by one or both of the following means—
if a printed copy of the final register is used to record the issue—marking the copy in the polling officer’s possession—
by placing a line across the name and identity document number of the elector; or
in such other manner that the Chief Electoral Officer may direct; (14 of 2021 s. 235)
if an FR electronic copy or extract (as defined by section 91) is used to record the issue—making, by using an electronic device, a record in the entry relating to the elector in the FR electronic copy or extract. (14 of 2021 s. 235)
No record shall be made of the particular ballot paper or ballot papers issued to an elector.
Subject to subsection (5), if—
an elector has been issued with a ballot paper in a round of voting; and
he has left the polling station without casting his vote,
he shall not cast the vote in that round of voting unless—
before leaving the polling station, he has—
made a request to the Presiding Officer for permission to cast the vote before the close of that round of voting;
informed the Presiding Officer of his reason for leaving the polling station without casting the vote; and
returned the ballot paper to the Presiding Officer; and
the Presiding Officer has granted the permission.
If an elector has complied with subsection (1)(c), the Presiding Officer shall grant the requested permission unless he is of the opinion that the request is a manifest abuse of the facilities provided by this section.
Despite subsections (1) and (2), an elector 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 elector returns to the polling station within the time slot assigned to him under subsection (2B) or section 17(8). (L.N. 133 of 2009)
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—
assign to the elector a new time slot during the polling hours appointed for the polling station; and
notify the elector of the new time slot. (L.N. 133 of 2009)
If the Presiding Officer grants the permission to an elector under subsection (2), he shall—
keep in his custody the ballot paper returned by the elector under subsection (1)(c)(iii); and
on the elector’s return to the polling station to cast the vote, re-issue the ballot paper to the elector in the presence of— (L.N. 133 of 2009)
in the case of the main polling station, a police officer;
in the case of a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 133 of 2009)
If the Presiding Officer does not grant the permission under subsection (2), he shall immediately re-issue to the elector the ballot paper returned under subsection (1)(c)(iii).
An elector who—
has been issued with a ballot paper in a round of voting;
becomes incapacitated from voting by physical illness; and
has left the polling station after—
returning the ballot paper to the Presiding Officer; or
leaving the ballot paper in the polling station without putting it into the ballot box,
may return to the polling station and cast his vote before the close of that round of voting.
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—
assign to the elector a new time slot during the polling hours appointed for the polling station; and
notify the elector of the new time slot. (L.N. 133 of 2009)
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 his returning to the polling station within the time slot assigned to him under subsection (5A) or section 17(8). (L.N. 133 of 2009)
If a ballot paper is returned under subsection (5)(c)(i) or left in the polling station under subsection (5)(c)(ii) by an elector, the Presiding Officer shall—
keep in his custody the ballot paper; and
on the elector’s return to the polling station to cast the vote, re-issue the ballot paper to the elector in the presence of— (L.N. 133 of 2009)
in the case of the main polling station, a police officer;
in the case of a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 133 of 2009)
For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) shall be regarded issuing a ballot paper under section 34(1).
For the purposes of this section, the poll in an uncontested election shall be regarded as a round of voting. (L.N. 209 of 2006)
Subject to section 37(1), when an elector is issued with a ballot paper, he shall, without undue delay—
immediately go into a compartment provided under section 22(1) in the polling station;
mark the ballot paper in the compartment by affixing the chop issued under section 34(1) to— (L.N. 209 of 2006)
in the case of a contested election, give a single “ ” in the circle opposite the name of the candidate of his choice on the ballot paper; or
in the case of an uncontested election, give a single “ ” in the circle opposite the word “SUPPORT” or “NOT SUPPORT” on the ballot paper; (L.N. 209 of 2006)
fold the ballot paper so that the marked side is inside before leaving the voting compartment;
put the folded ballot paper into the ballot box; and
leave the polling station as soon as the ballot paper is put into the ballot box.
Except where it is provided otherwise in this Regulation, no person shall remove a ballot paper from a polling station. (L.N. 133 of 2009)
The Presiding Officer, the Deputy Presiding Officer or any Assistant Presiding Officer may, upon the request of an elector who claims that he is unable to read or is incapacitated from casting his vote due to impaired eyesight or other physical cause—
mark a ballot paper for the elector according to the choice of the elector; and
fold and put the ballot paper in the ballot box,
in accordance with paragraphs (a), (b), (c) and (d) of section 36(1) in the presence of a polling officer designated by the Presiding Officer, the Deputy Presiding Officer or Assistant Presiding Officer, as the case may be, having regard to the choice (if any) of a candidate or his polling agent.
The Presiding Officer shall cause a template to be made available upon request by an elector.
A template made available to an elector under subsection (2) shall be so constructed so as to be able to facilitate an elector suffering from impaired eyesight to mark a ballot paper.
Subject to subsection (2) and section 35, if a person (the first-mentioned person) representing himself to be a particular elector applies for a ballot paper after a ballot paper has been issued on the basis that the person to whom it is issued is that elector, the Presiding Officer shall issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “TENDERED” and “重複”.
The Presiding Officer may issue a ballot paper under subsection (1) only if—
he is not certain that the first-mentioned person is the person who has been issued with a ballot paper earlier; and
the first-mentioned person answers the appropriate questions set out in section 32(2) to his satisfaction.
The Presiding Officer must, as far as reasonably practicable, endorse the words “UNUSED” and “未用” on a ballot paper that—
has been issued; but
has not been put into a ballot box.
If an elector issued with a ballot paper—
inadvertently deals with it in such a manner that it cannot be properly used as a ballot paper; or
makes an error in marking it,
he may apply to the Presiding Officer for another ballot paper.
The Presiding Officer may issue another ballot paper to an elector referred to in subsection (1) if the elector—
returns the ballot paper already issued to him to the Presiding Officer; and
establishes to the satisfaction of the Presiding Officer the circumstances referred to in subsection (1)(a) or (b). (L.N. 279 of 2001)
The Presiding Officer shall immediately cancel a ballot paper returned to him under subsection (2) by endorsing the words “SPOILT” and “損壞” on the front of the ballot paper and keep it in his custody.
For the purposes of this Regulation, issuing a ballot paper under subsection (2) shall be regarded as issuing a ballot paper under section 34(1).
As soon as practicable after the close of voting at a polling station, the Presiding Officer shall— (L.N. 133 of 2009)
seal the ballot box with a sealing device provided for that purpose by the Chief Electoral Officer so that nothing can be put into or withdrawn from the ballot box after it is sealed; and
make up into separate sealed packets—
the counterfoils of the ballot papers that have been issued;
the ballot papers that have not been issued;
the unused ballot papers;
the spoilt ballot papers; and
if the copy of the final register has been marked under section 34(3)(a)—the marked copy, (14 of 2021 s. 236)
in the presence of the persons who are present within the polling station.
As soon as practicable after complying with subsection (1), the Presiding Officer shall deliver—
the sealed ballot box;
the sealed packets referred to in subsection (1)(b); and
the ballot paper account,
to the Returning Officer at the counting station.
The Presiding Officer shall prepare a statement which shall—
be in the specified form; and
show the number of ballot papers supplied under section 22(2) and account for those ballot papers under the following heads—
the number of ballot papers estimated by the Presiding Officer to be in the ballot box;
the number of ballot papers which have not been issued;
the number of unused ballot papers; and
the number of the spoilt ballot papers.
The Returning Officer shall determine the time at which the counting of the votes is to begin.
The time determined under subsection (1) shall be— (L.N. 209 of 2006)
in the case of a contested election, a time after the close of the relevant round of voting at all polling stations; or
in the case of an uncontested election, a time after the close of voting at all polling stations. (L.N. 209 of 2006; L.N. 133 of 2009)
Subject to subsection (5), the Returning Officer shall give notice in writing to each candidate or the election agent or any counting agent appointed by him of— (L.N. 209 of 2006)
the address of the counting station; and
the time determined under subsection (1).
Notice under subsection (3) shall be given—
in the case of the counting of the votes for—
a postponed poll; or
a poll on a date fixed under section 17(3),
as soon as practicable after the determination of the time under subsection (1);
in the case of a postponement or adjournment of the counting of the votes, as soon as practicable after the determination of the time under subsection (1); or
in any other case, at least 10 days before the time determined under subsection (1). (L.N. 209 of 2006; 15 of 2016 s. 65)
If the Returning Officer considers that it is impracticable to give notice under subsection (3) of the time determined under subsection (1) in respect of the counting of the votes for the fourth or any subsequent round of voting, he may dispense with the notice and announce the time through radio or television broadcast.
A candidate may appoint not more than 2 persons as his counting agents to observe the counting of the votes. (L.N. 209 of 2006)
Only a holder of an identity card who has attained the age of 18 years may be appointed as a counting agent.
An appointment of a counting agent is effective only if a notice of appointment is delivered to the Returning Officer— (15 of 2016 s. 46)
by hand, by post, by electronic mail or by facsimile transmission at least 7 days before the polling date; or
by the candidate, or the election agent of the candidate, in person on the polling date. (15 of 2016 s. 46)
A notice of appointment shall—
(Repealed 15 of 2016 s. 46)
be in specified form;
state the name, identity card number and address of the counting agent; and
be signed by the candidate and the counting agent.
If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer in accordance with subsection (6A) or (6B). (15 of 2016 s. 46)
A notice of revocation shall be—
(Repealed 15 of 2016 s. 46)
in specified form; and
signed by the candidate.
If the notice of revocation is given before the polling date, it must be delivered to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 46)
If the notice of revocation is given on the polling date, it must be delivered to the Returning Officer by the candidate, or the election agent of the candidate, in person. (15 of 2016 s. 46)
If the appointment of a counting agent is revoked, the candidate may, subject to this section, appoint another person as a counting agent to replace the first-mentioned agent.
The appointment of or revocation of the appointment of a counting agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer.
(Repealed 15 of 2016 s. 46)
The Chief Electoral Officer may appoint such number of counting officers as he thinks fit to assist the Returning Officer in counting the votes.
The Chief Electoral Officer may, with reasonable cause, revoke at any time any appointment made under subsection (1). (L.N. 209 of 2006)
The Chief Electoral Officer shall display a list of the names of the counting officers in a prominent place inside the counting station.
Subject to subsection (3), no person other than—
a member of the Commission;
the Returning Officer;
an Assistant Returning Officer;
the Chief Electoral Officer;
a counting officer;
a candidate;
an election agent;
an elector;
a counting agent;
a public officer on duty at the counting station;
a member of the Civil Aid Service on duty at the counting station; (L.N. 209 of 2006)
a police officer on duty at the counting station; or (L.N. 209 of 2006)
a person authorized under subsection (2),
may enter or stay in the counting station.
The Chief Electoral Officer or a member of the Commission may authorize any person in writing to enter and stay in the counting station in accordance with the terms of the authorization.
Any member of the public may observe the counting of the votes from an area at the counting station set apart for that purpose by the Returning Officer unless the Returning Officer considers that his presence may—
cause disorder or disturbance in the counting station;
disrupt the counting of the votes; or
prejudice the secrecy of the individual votes.
The Returning Officer shall ensure that the arrangements for the counting of the votes at the 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 Returning Officer may set apart an area within the counting station as a counting zone.
Where a counting zone is set apart under subsection (5)—
the zone shall be delineated and identified by such means as the Returning Officer thinks fit; and
an elector or a person authorized under subsection (2) may not enter or stay in the zone.
The Returning Officer shall keep order at the counting station.
A person must not during the relevant period— (L.N. 76 of 2011)
film;
take photograph; or
make any audio or video recording,
in a counting zone set apart under section 46(5) without the express permission of a member of the Commission or the Returning Officer.
In subsection (2)—
relevant period (有關期間), in relation to a counting zone, means the period commencing at the time, determined under section 43, at which the counting of the votes is to begin at the zone and ending upon the completion of the counting and re-count, if any, at the zone. (L.N. 76 of 2011)No person shall—
fail to comply with a lawful direction given by the Returning Officer;
without reasonable excuse, display any propaganda material relating to any candidate or the election of the Chief Executive;
use a sound amplifying system or device for any purpose without lawful authority or the express permission of the Returning Officer;
disrupt the counting of the votes or disturb or cause inconvenience to any person; or
otherwise misconduct himself,
in the counting station.
If—
a person contravenes subsection (3); or
the Returning Officer reasonably considers that, having regard to the conduct of a person, the person’s presence at the counting station is for a purpose other than that for which such presence is permitted or authorized,
the Returning Officer may—
require the person to produce his identity card for inspection; and
order the person to leave the counting station immediately.
No person shall fail to produce his identity card when required to do so under subsection (4).
If a person fails to leave when ordered to do so under subsection (4), he may be removed by a police officer or a person authorized in writing by the Returning Officer.
A person who is removed under subsection (6) may not enter the counting station again on the same day except with the permission of the Returning Officer.
The Returning Officer shall open a ballot box delivered to him under section 41(2) by breaking the sealing device in the presence of the candidates or their election agents or counting agents, if present in the counting station.
If any candidate or his election agent or counting agent requests inspection of any paper (other than a ballot paper) taken from the ballot box, the Returning Officer shall allow him to inspect such paper before disposing of it.
After opening all ballot boxes in accordance with section 48, the Returning Officer must—
in the counting zone—
count and record the number of ballot papers in the ballot box or boxes received from a dedicated polling station (DPS ballot papers);
verify the number of DPS ballot papers recorded under subparagraph (i) by comparing it with the ballot paper account of the dedicated polling station; and (14 of 2021 s. 237)
prepare a written statement about the result of the verification; and
after preparing the statement under paragraph (a)(iii) but before the counting of votes under subsection (1), mix the DPS ballot papers with the ballot papers in at least one of the ballot boxes from the main polling station. (1 of 2019 s. 61)
All ballot papers must then be— (L.N. 133 of 2009; 1 of 2019 s. 61)
sorted according to the choices marked on them;
placed in separate boxes; and
counted manually.
In the course of sorting and counting in accordance with subsection (1)— (L.N. 209 of 2006)
any ballot paper which—
appears to have on it any writing or mark by which the elector can possibly be identified;
appears to be substantially mutilated;
appears to be not marked in accordance with section 36(1)(b); or
appears to be void for uncertainty,
shall be separated and forwarded to the Returning Officer; and
any ballot paper described in section 50(1)(b), (c), (d), (f) or (ga) shall be separated. (L.N. 209 of 2006; 1 of 2019 s. 61)
Upon counting of votes, a ballot paper of any of the following descriptions shall not be valid and the vote recorded on the ballot paper shall not be counted— (L.N. 209 of 2006)
on which there is any writing or mark by which the elector can possibly be identified; (L.N. 209 of 2006)
which has the words “TENDERED” and “重複” endorsed on it;
which has the words “SPOILT” and “損壞” endorsed on it;
which has the words “UNUSED” and “未用” endorsed on it;
which is substantially mutilated;
which is unmarked;
which is not marked in accordance with section 36(1)(b);
on which—
for a contested election—votes for more than one candidate are recorded; or
for an uncontested election—both “SUPPORT” and “NOT SUPPORT” votes are recorded; (1 of 2019 s. 62)
which the Returning Officer determines as being void for uncertainty. (L.N. 209 of 2006)
A candidate, an election agent or a counting agent—
may inspect a ballot paper described in subsection (1)(b), (c), (d), (f) or (ga); but (1 of 2019 s. 62)
is not entitled to make representations to the Returning Officer concerning the ballot paper. (L.N. 209 of 2006)
If a ballot paper is forwarded to the Returning Officer under section 49(2)(a), a candidate or his election agent or counting agent, if present within the counting station, is entitled to— (L.N. 209 of 2006)
inspect the ballot paper; and
make representations to the Returning Officer concerning the ballot paper.
After considering the representations (if any) made under subsection (1), the Returning Officer shall determine whether the ballot paper—
is valid and the vote shall be counted; or
shall not be valid under section 50(1).
Notwithstanding section 50(1)(g), the Returning Officer may determine a ballot paper which is not marked in accordance with section 36(1)(b) as valid under subsection (2) and the vote shall be counted if, subject to other provisions of section 50(1), he is satisfied that the elector has marked the ballot paper by affixing the chop issued under section 34(1) on the ballot paper so as to clearly indicate his intention to vote for the candidate concerned.
If the Returning Officer determines that a ballot paper shall not be valid, he shall— (L.N. 209 of 2006)
endorse the words “rejected” and “不獲接納” on the front of it; and
where any candidate, election agent or counting agent objects to the determination, endorse the words “rejection objected to” and “反對此選票不獲接納” on the front of it.
If—
the Returning Officer determines that a ballot paper is valid and the vote shall be counted; and
any candidate, election agent or counting agent objects to the determination,
the Returning Officer shall endorse the words “acceptance objected to” and “反對此選票獲接納” on the front of the ballot paper.
(Repealed 1 of 2019 s. 63)
A determination made under subsection (2) shall be final.
The Returning Officer is to prepare a statement of the ballot papers that are not counted.
The statement is to be made under the following heads—
the ballot paper has on it any writing or mark by which the elector can possibly be identified;
the ballot paper is endorsed with the words “TENDERED” and “重複”;
the ballot paper is endorsed with the words “UNUSED” and “未用”;
the ballot paper is endorsed with the words “SPOILT” and “損壞”;
the ballot paper is substantially mutilated;
the ballot paper is unmarked;
the ballot paper is not marked by affixing an issued chop;
the ballot paper is one on which—
for a contested election—votes for more than one candidate are recorded; or
for an uncontested election—both “SUPPORT” and “NOT SUPPORT” votes are recorded;
the ballot paper is void for uncertainty.
The Returning Officer must, after the counting of votes in accordance with section 49— (1 of 2019 s. 65)
record the number of— (L.N. 209 of 2006)
in the case of a contested election, valid votes obtained by each candidate; or
in the case of an uncontested election, valid “SUPPORT” and “NOT SUPPORT” votes obtained by the candidate; (L.N. 209 of 2006)
record the number of ballot papers which are not valid under section 50(1); (L.N. 209 of 2006)
verify the numbers recorded under paragraphs (a) and (b) by comparing them with the ballot paper account of the main polling station; and (14 of 2021 s. 238)
prepare a statement in writing as to the result of the verification.
If—
the Returning Officer considers it necessary to do so; or
a candidate, an election agent or a counting agent present within the counting station so requests,
the Returning Officer must, in preparing a verification statement under section 49(1A)(a)(iii) or subsection (1)(d), compare the ballot paper account of the polling station concerned with the number of ballot papers recorded by him and the unused ballot papers, the spoilt ballot papers, the ballot papers that have not been issued and counterfoils of ballot papers that have been issued.
A candidate, an election agent or a counting agent may copy what is recorded on—
a ballot paper account; or
a verification statement.
After the votes are counted and the number of ballot papers verified, the Returning Officer shall— (L.N. 133 of 2009; 14 of 2021 s. 239)
make known the result of the counting to—
(in the case of a contested election) the candidates who are present or (in the case of an uncontested election) the candidate (if present); and (L.N. 209 of 2006)
the election agent or any counting agent (if present) of a candidate who is not present; and
give them a reasonable opportunity to make a request under subsection (2).
A candidate or an election agent who is present may request the Returning Officer to count again the counted or re-counted votes.
The Returning Officer shall comply with a request under subsection (2) unless he is of the opinion that the request is unreasonable.
This section applies to an election in which—
there are 3 or more candidates; and
after the completion of the counting of the votes cast—
no candidate obtains more than 750 votes; and (14 of 2021 s. 240)
2 or more candidates remain after the elimination of all other candidates under section 27(3)(c) or (4)(c) of the Election Ordinance. (L.N. 76 of 2011)
If subsection (1) applies, the Returning Officer must by an announcement declare— (L.N. 209 of 2006; L.N. 76 of 2011)
that the poll shall proceed to the next round of voting; and
who are the remaining candidates in the next round of voting.
An announcement under subsection (1A) must be— (L.N. 76 of 2011)
broadcast on radio and television as soon as practicable after the completion of the counting of the votes; or
made in such manner as the Returning Officer thinks fit.
The Returning Officer shall, as soon as practicable after declaring the election result under section 28(1)(a) or (2)(a) of the Election Ordinance— (L.N. 209 of 2006)
display a notice of the result of the election at a prominent place immediately outside the counting station; and
send a notice of the result of the election to—
the Chairman of the Commission;
the Secretary for Constitutional and Mainland Affairs; and (L.N. 130 of 2007)
the Chief Electoral Officer.
The Returning Officer shall, as soon as practicable after terminating the proceedings for the election under section 22(1AB)(e) or (3)(e) of the Election Ordinance or declaring the result of the election under section 28(1)(a) or (2)(a) of that Ordinance, make up into separate sealed packets— (L.N. 209 of 2006; L.N. 76 of 2011)
the counted ballot papers;
the counterfoils of the ballot paper that have been issued;
the ballot papers that have not been issued; and
the ballot papers that are not valid under section 50(1).
The Returning Officer shall endorse on each sealed packet—
a description of its contents;
the polling date; and
in the case of a contested election, the number of the relevant round of voting.
A candidate, an election agent or a counting agent may be present when the Returning Officer makes up the sealed packets and endorses them.
The Returning Officer shall, as soon as practicable after discharging his duties under section 56, send to the Chief Electoral Officer—
the ballot paper accounts; (L.N. 133 of 2009)
the statement prepared under section 51A(1); (1 of 2019 s. 66)
the verification statement;
the sealed packets made up under section 56(1);
a copy of the notice referred to in section 55(b);
all nomination forms delivered to him in accordance with section 4(1);
all notices of withdrawal (if any) delivered to him in accordance with section 9(2);
all notices of appointment given to him under section 14(2) or 44(3);
all notices of revocation given to him under section 14(4) or 44(5); (14 of 2021 s. 241)
if the copy of the final register has been marked under section 34(3)(a)—the marked copy; and (14 of 2021 s. 241)
any other document relating to the election specified by the Commission.
The Chief Electoral Officer shall not permit any person to inspect any ballot paper sent to him under section 57 other than on an order made by a court in proceedings relating to an election petition or other legal proceedings.
The Chief Electoral Officer shall—
retain in his custody the documents sent to him under section 57 and the copies or extracts of the final register in which records have been made under section 34(3)(b) for 6 months from— (L.N. 209 of 2006; 14 of 2021 s. 242)
the declaration of the termination of the proceedings for the election to which they relate under section 22 of the Election Ordinance; or
the declaration of the result of the election to which they relate under section 28(1)(a) or (2)(a) of the Election Ordinance,
as may be applicable; and (L.N. 209 of 2006)
unless otherwise directed by an order of court in proceedings relating to an election petition or other legal proceedings, destroy the documents, copies and extracts after the expiry of those 6 months. (14 of 2021 s. 242)
A declaration of termination of the proceedings for the election made under section 22(1AA), (1AB)(e), (1) or (3)(e) of the Election Ordinance shall be published in the Gazette as soon as practicable. (L.N. 76 of 2011)
If a declaration of termination of the proceedings for the election is made under section 22(1AA) or (1) of the Election Ordinance— (L.N. 209 of 2006)
on the polling date, the Presiding Officer of a polling station shall display a notice of the declaration at a prominent place immediately outside the polling station as soon as practicable; (L.N. 133 of 2009)
during voting or a round of voting (as may be appropriate), the Presiding Officer shall— (L.N. 209 of 2006)
open the ballot box; and
deliver to the Returning Officer—
all ballot papers (whether issued or not) made up into a sealed packet;
the ballot box (whether used or not); and
all other materials supplied to him by the Chief Electoral Officer for the purpose of the poll,
and the Commissioner of Correctional Services or the head of a law enforcement agency shall, as soon as practicable, inform all electors in custody detained by him who have not yet voted in the poll of the declaration; (L.N. 133 of 2009)
after the close of the poll but before the declaration of the result of the election, the Presiding Officer shall—
where the ballot box has not been opened, open the ballot box; and
deliver to the Returning Officer—
all ballot papers (whether issued or not) made up into a sealed packet;
the ballot box; and
all other materials supplied to him by the Chief Electoral Officer for the purpose of the poll.
If a declaration of termination of the proceedings for the election is made under section 22(1AB)(e) or (3)(e) of the Election Ordinance, the Returning Officer shall display a notice of the declaration at a prominent place immediately outside the counting station as soon as practicable. (L.N. 209 of 2006; L. N. 76 of 2011)
Sections 58 and 59 apply to the ballot papers and other materials delivered to the Returning Officer under subsection (2)(b)(ii) or (c)(ii) as if they are ballot papers and documents sent to the Chief Electoral Officer under section 57. (L.N. 279 of 2001)
The Commission may direct—
the postponement of a poll if, before the commencement of polling, the Commission is of the opinion that the poll; or
the postponement of the counting of the votes in respect of a poll if, before the commencement of the counting, the Commission is of the opinion that the counting,
is likely to be obstructed, disrupted, undermined or seriously affected by—
a typhoon or other climatic condition of a serious nature; or
an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting.
The Commission may direct—
the adjournment of a poll if, during the polling, the Commission is of the opinion that the poll; or
the adjournment of the counting of the votes in respect of a poll if, during the counting, the Commission is of the opinion that the counting,
is likely to be or is being obstructed, disrupted, undermined or seriously affected by—
a typhoon or other climatic condition of a serious nature; or
an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting.
An elector who has cast a vote at a poll adjourned under subsection (2) is not entitled and shall not be allowed to cast a vote again at the resumed polling.
Subsection (3) ceases to apply, in the case of a contested election, if the poll proceeds to another round of voting. (L.N. 209 of 2006)
If the Commission directs the postponement or adjournment of—
a poll; or
the counting of the votes in respect of a poll,
it shall publish the direction in such manner as it considers practicable.
If the Commission directs the adjournment of a poll, the Presiding Officer shall, as soon as practicable after receiving the direction, make up into packets—
the counterfoils of the ballot papers that have been issued;
the ballot papers that have not been issued;
the unused ballot papers;
the spoilt ballot papers; and
if the copy of the final register has been marked under section 34(3)(a)—the marked copy, (14 of 2021 s. 243)
in the presence of the persons who are present within the polling station.
The Presiding Officer shall, as soon as practicable after complying with subsection (1), deliver—
the sealed ballot box; and
the packets referred to in subsection (1),
to the Returning Officer.
If it is impracticable to make delivery under subsection (2), the Presiding Officer shall deposit the items in—
a safe place within the polling station;
if there is no safe place referred to in paragraph (a), a safe place within a police station or a public building close to the polling station; or
if there is no safe place referred to in paragraphs (a) and (b), a safe place within a secure building close to the polling station,
until the delivery becomes practicable.
Upon the delivery to the Returning Officer of the ballot box and sealed packets under subsection (2), he shall—
take such steps as determined by the Commission for the purpose of ensuring the safety and security of the ballot box and sealed packets; and
remain in charge of the ballot box and sealed packets and be responsible for their safety and security until the resumption of the poll.
If the counting of the votes is postponed or adjourned, the Returning Officer shall—
(in the case of adjournment) cease the counting;
deposit the ballot box (whether opened or not), the ballot papers (whether counted or not), the verification statement, all other items delivered to him under section 41(2) and such other documents relating to the election as he thinks fit in—
a safe place within the counting station;
if there is no safe place referred to in subparagraph (i), a safe place within a police station or a public building close to the counting station; or
if there is no safe place referred to in subparagraphs (i) and (ii), a safe place within a secure building close to the counting station;
take such steps as determined by the Commission for the purpose of ensuring the safety and security of the items so deposited; and
remain in charge of the items so deposited and be responsible for their safety and security until the resumption of the counting of the votes.
If a poll is postponed, the Commission shall appoint a date within 14 days after the date of the postponed poll as the new polling date.
If a poll is adjourned, the Commission shall appoint—
a date within 14 days after the date of the adjourned poll as the date on which the polling shall resume; and
subject to section 17(5), the polling hours for the resumed polling.
If the counting of the votes is postponed, the Commission shall appoint a date within 14 days after the date of the postponed counting as the date on which the counting shall be conducted.
If the counting of the votes is adjourned, the Commission shall appoint a date within 14 days after the date of the adjourned counting as the date on which the counting shall resume.
(Repealed 15 of 2016 s. 54)
A date appointed under subsection (1), (2), (3) or (4) shall be published in the Gazette as soon as practicable after the appointment.
The Returning Officer, an Assistant Returning Officer, a Presiding Officer, a polling officer or a counting officer shall not act as— (L.N. 133 of 2009)
the election agent;
an election expense agent;
a polling agent; or
a counting agent,
in relation to the election for which he is appointed.
No person shall, while in the employment of a candidate in an election, act as—
the Returning Officer;
an Assistant Returning Officer;
a Presiding Officer; (L.N. 133 of 2009)
a polling officer; or
a counting officer,
at the election.
If—
a person (visitor) visits in a certain capacity an elector in custody for a business or official purpose; and
another person who is not acting in that capacity is not allowed to visit the elector for that purpose,
the visitor commits an offence if he, during the visit, canvasses for votes for the purpose of an election.
A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months.
If an act is required or authorized under this Regulation to be done in the presence of—
a candidate or all candidates; or
an election agent, a polling agent or a counting agent,
that act shall not be invalid solely for the reason that such person or persons are not present when the act is performed.
Except a person to whom subsection (2) applies, no person shall—
enter a polling station or the counting station without making a declaration of secrecy in the specified form; or
stay in a polling station or the counting station without carrying with him the declaration of secrecy.
This subsection applies to—
an elector;
a child permitted to enter the main polling station under section 26(2);
a police officer, an officer of the Correctional Services Department or an officer of any law enforcement agency on duty at a polling station or the counting station, as the case may be;
a member of the Civil Aid Service on duty at the main polling station or the counting station, as the case may be; or
a person who enters or stays in the counting station by virtue of section 46(3). (L.N. 279 of 2001)
A declaration of secrecy—
by the Returning Officer shall be made in the presence of a commissioner defined in section 2 of the Oaths and Declarations Ordinance (Cap. 11); (L.N. 279 of 2001)
by any other person shall be made in the presence of—
the Returning Officer;
a member of the Commission; (L.N. 279 of 2001)
a justice of the peace; (L.N. 279 of 2001)
a commissioner referred to in paragraph (a); or (L.N. 279 of 2001)
the Chief Electoral Officer. (L.N. 279 of 2001)
No person shall—
subject to subsection (2), divulge to any person whether an elector has or has not applied for a ballot paper or voted;
subject to subsection (2), divulge to any other person the identity of an elector in custody; (L.N. 133 of 2009)
communicate to another person any information obtained at the counting of the votes as to— (L.N. 209 of 2006)
in the case of a contested election, the candidate for whom a vote has been given on any particular ballot paper; or
in the case of an uncontested election, the choice as to whether to support the candidate on any particular ballot paper; (L.N. 209 of 2006)
interfere with an elector when he is marking the ballot paper;
interfere with or attempt to interfere with a ballot box, a ballot paper (including a ballot paper that is not valid under section 50(1)), a copy of the final register in printed form, a statement prepared under section 51A(1) or a verification statement; (L.N. 209 of 2006; 1 of 2019 s. 67; 14 of 2021 s. 244)
without the permission of the Commission or the Returning Officer, obtain or attempt to obtain in any manner within a polling station, a no canvassing zone or a no staying zone information as to— (L.N. 209 of 2006; L.N. 133 of 2009)
in the case of a contested election, the candidate for whom an elector is about to vote or has voted; or
in the case of an uncontested election, the choice as to whether to support the candidate which an elector is about to make or has made; (L.N. 209 of 2006)
communicate to another person any information obtained in a polling station as to— (L.N. 209 of 2006; L.N. 133 of 2009)
in the case of a contested election, the candidate for whom an elector is about to vote or has voted; or
in the case of an uncontested election, the choice as to whether to support the candidate which an elector is about to make or has made; or (L.N. 209 of 2006)
directly or indirectly induce an elector to display a ballot paper marked by the elector so as to make known to any person any information as to— (L.N. 209 of 2006)
in the case of a contested election, the candidate for whom the elector has voted; or
in the case of an uncontested election, the choice as to whether to support the candidate which the elector has made. (L.N. 209 of 2006)
Subsection (1)(a) and (aa) does not apply to— (L.N. 133 of 2009)
any act authorized by law; or
anything done at the direction of a police officer or an officer of the Independent Commission Against Corruption investigating an offence under—
the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);
sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap. 201);
section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204); or
this Ordinance.
A statutory declaration and written undertaking referred to in section 31(1)(a) and (b) of the Election Ordinance shall be in specified form.
The Returning Officer shall deliver a written undertaking lodged with him under section 31(1)(b) of the Election Ordinance to the Commission.
The Commission shall retain in its custody a written undertaking delivered to it under subsection (2).
Notices under the following provisions may be delivered by hand, by post, by electronic mail or by facsimile transmission— (15 of 2016 s. 47)
section 7(1) (determination of validity of nomination);
(Repealed 15 of 2016 s. 47)
section 15(1) (notice to candidates of the appointment of election agents);
section 19(1) (polling notice);
section 23(2) (boundary of the no canvassing zone and no staying zone);
section 23(4) (variation of the no canvassing zone and no staying zone);
(Repealed 15 of 2016 s. 47)
section 31(4) (allocation of candidate numbers by drawing of lots); or (15 of 2016 s. 47)
section 43(3) (time and place of the counting of votes). (15 of 2016 s. 47)
(Repealed 15 of 2016 s. 47)
A notice under section 23(4) may be given orally if sending it in accordance with subsection (1) is not practicable or is not suitable in the circumstances.
The election return required to be lodged under section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in respect of an election must be in the specified form (if any).
The Commission may specify forms for the purposes of the provisions of this Regulation.
Forms specified under subsection (1) shall be made available by the Chief Electoral Officer—
during ordinary business hours at his office; and
free of charge.
Subsection (2) does not apply to the specified form referred to in—
section 15(1) (notice to candidates of the appointment of election agents);
section 19(1) (polling notice); and
section 42 (ballot paper account).
A misnomer or inaccurate description of a person, a person’s identity document or a place specified in—
the final register;
a nomination form;
a ballot paper;
a notice that may be or is required to be given or sent under the Election Ordinance or this Regulation; or
any other document that may be or is required to be prepared or produced under the Election Ordinance or this Regulation,
shall not limit its full operation with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.
An election shall not be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election.
The Returning Officer may not delegate to an Assistant Returning Officer—
(Repealed 14 of 2021 s. 245)
a determination under section 51(2); or
the declaration of the result of an election under section 28 of the Election Ordinance.
The Chief Electoral Officer is subject to the directions of the Commission in the performance of his functions under this Regulation.
The Chief Electoral Officer may delegate his powers, duties or functions under this Regulation to a member of the staff provided under section 9(3) of the Ordinance.
An elector who is asked to disclose— (L.N. 209 of 2006)
in the case of a contested election, the name of, or any particulars relating to, the candidate for whom the elector has voted; or
in the case of an uncontested election, whether the elector has cast a “SUPPORT” or “NOT SUPPORT” vote for the candidate,
is not required to answer the question.
No person shall require or purport to require, without lawful authority— (L.N. 209 of 2006)
an elector in a contested election to disclose the name of, or any particulars relating to, the candidate for whom the elector has voted; or
an elector in an uncontested election to disclose whether the elector has cast a “SUPPORT” or “NOT SUPPORT” vote for the candidate.
If the Returning Officer, the Chief Electoral Officer or a Presiding Officer is of the opinion that an irregularity has occurred in relation to an election, a poll or a count, he shall make a report in writing to the Commission. (L.N. 133 of 2009)
A report of an irregularity shall be made—
as soon as practicable after the Officer concerned becomes aware of it; and
in any case not later than 14 days after the polling date.
If in the opinion of the Returning Officer, the Chief Electoral Officer or a Presiding Officer a material irregularity has occurred or is likely to occur in relation to an election, he shall immediately make a report to the Commission in such manner as he considers expedient in the circumstances. (L.N. 133 of 2009)
If a report is made under subsection (3) otherwise than in writing, the Officer concerned shall make a report also in writing—
as soon as practicable after the making of the first-mentioned report; and
in any case not later than 30 days after the polling date.
A letter that may be sent free of postage by a candidate under section 45 of the Election Ordinance shall—
be posted in Hong Kong;
contain materials relating only to his candidature;
not exceed 50 grams in weight; (11 of 2019 s. 23)
be not larger than 165 mm 245 mm and not smaller than 90 mm 140 mm in size; and (11 of 2019 s. 23)
not exceed 5 mm in thickness at any part of the letter. (11 of 2019 s. 23)
If letters are sent in a bulk mailing by a candidate under section 45 of the Election Ordinance, he shall provide the Postmaster General with—
a specimen of the materials contained in that bulk mailing; and
a declaration in the specified form signed by the candidate stating that the materials contained in that bulk mailing are identical with that specimen.
If—
any letter sent by a candidate in a bulk mailing under section 45 of the Election Ordinance does not comply with subsection (1); or
a declaration made by a candidate under subsection (2)(b) is false in any particular,
the candidate is liable for payment of postage for all the letters in that bulk mailing.
(Repealed 11 of 2012 s. 16)
Any person who contravenes section 24(2), (4), (6) or (8), 26(1), 27(2), (5), (7), (9) or (11), 46(1), 47(2), (3), (5) or (7), 66 or 67 commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months.
Any person who contravenes section 27(4), 70(1) or 78(2) commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months. (L.N. 76 of 2011 and L.N. 124 of 2011; 11 of 2012 s. 17)
Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.
A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.
A person shall not be liable to conviction under this section unless the complaint or information alleging the offence is made or laid within 3 months after the date of the alleged offence.
Any person who—
makes a statement which he knows to be false in a material particular in an election related document;
recklessly makes a statement which is incorrect in a material particular in an election related document; or
omits a material particular in an election related document,
commits an offence.
Any person (the first-mentioned person) who directly or indirectly by himself or by another person on his behalf conspires with, incites, compels, induces, coerces, intimidates or persuade, any other person to—
make a false statement; or
provide information which the first-mentioned person knows to be wrong in a material particular,
in an election related document commits an offence.
A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months.
An offence under subsection (1) or (2) shall be an offence referred to in section 14(h)(iv) of the Election Ordinance.
The provisions of this section are made for the purposes of section 14(h) of the Election Ordinance.
In relation to the poll in a contested election, the provisions of Parts 4 to 9 apply to and in relation to every round of voting in a poll.
(Part 10 added 11 of 2012 s. 18)
In this Part—
Court (法院) means the Court of First Instance; election period (選舉期), in relation to an election, means the period— (a)beginning on the first day of the nomination period; and (b)ending on—(i)the day on which a declaration is made under section 22 of the Election Ordinance; or(ii)the day on which the polling ends; open platform (公開平台) means a platform operated through the Internet to which the public has access without having to go through an access control process put in place for that platform; printed election advertisement (印刷選舉廣告) means an election advertisement printed on any material; printer (印刷人), in relation to a printed article, includes any person who reproduces the article by any means; publish (發布) means print, display, exhibit, distribute, post up, publicly announce or make publicly known by any other means, and includes continue to publish.Any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this Part.
If the Returning Officer has not been appointed, any reference in this Part to the Returning Officer is to be construed as a reference to the Chief Electoral Officer.
A document published by a candidate during an election period that gives details of the work done by the candidate in the capacity of—
the Chief Executive;
a member of the Election Committee; (14 of 2021 s. 246)
a member of the Legislative Council;
a member of a District Council;
a member of the Heung Yee Kuk;
the Chairman or Vice-Chairman or a member of the Executive Committee of a Rural Committee within the meaning of section 3(3)(a) of the Heung Yee Kuk Ordinance (Cap. 1097); or
a Rural Representative, (5 of 2014 s. 2)
is an election advertisement for the purposes of this Part.
A candidate who publishes an election advertisement must comply with subsection (2) or (3) in relation to—
the advertisement and any information related to the advertisement required by the Commission;
if the publication is by means of displaying the advertisement in the form of a bill or poster within the meaning of section 104E(4) of the Public Health and Municipal Services Ordinance (Cap. 132), the permission obtained for the purposes of section 104A(1) of that Ordinance; and
if the advertisement is of a kind referred to in subsection (1) or (2) of section 27 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), the consent referred to in subsection (1A), (1B), (2A) or (2B) of that section.
A candidate must—
make an electronic copy of the advertisement, information, permission or consent available for inspection on an open platform maintained by the Chief Electoral Officer or a person authorized by the Chief Electoral Officer (Central Platform) in the manner and within the time specified by the Commission;
make an electronic copy of the advertisement, information, permission or consent available for inspection on an open platform maintained by the candidate or a person authorized by the candidate (Candidate’s Platform) in the manner and within the time specified by the Commission until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) and provide information about the Candidate’s Platform required by the Commission in the manner and within the time specified by the Commission; or
if the Commission considers that it is technically impracticable to make available for inspection on the Central Platform or a Candidate’s Platform an election advertisement published through the Internet by means of an open platform, provide a hyperlink to that open platform on the Central Platform or Candidate’s Platform in the manner and within the time specified by the Commission.
A candidate must provide, in the manner and within the time specified by the Commission, to the Returning Officer—
the information and 2 copies of the advertisement in paper form or any other form specified by the Commission; and
a hard copy of the permission or consent.
A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—
the name and address of the printer;
the date on which it was printed; and
the number of copies printed.
Subsection (4) does not apply to an election advertisement that is printed in a newspaper registered under section 7 of the Registration of Local Newspapers Ordinance (Cap. 268).
Subsection (4) does not apply to the publication of a printed election advertisement if, not later than 7 days after the advertisement is published, the publisher, or a person authorized by the publisher, has provided to the Returning Officer a statutory declaration that states—
the name and address of the printer;
the date on which it was printed; and
the number of copies printed.
The Returning Officer must make available for public inspection a copy of each of any advertisement, information, permission, consent or statutory declaration provided under subsection (3) or (6) from when it is provided until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).
The Chief Electoral Officer must publicize any platform maintained under subsection (2)(a) and ensure that the platform is maintained until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).
A person who fails to comply with subsection (1) or (4) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
A person who publishes an election advertisement without complying with section 87(1)(a) or (4) may apply to the Court for an order under subsection (2).
On the hearing of an application made under subsection (1), the Court may make an order excepting the act which would, but for the order, constitute an offence under subsection (9) of section 87, from the relevant requirement under that section, but only if the Court—
is satisfied that—
the non-compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and
if the Court requires notice of the application to be given in Hong Kong, the notice has been given; and
believes it to be just that the act be so excepted.
If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 87(1)(a) or (4) may be instituted or carried on until the application is disposed of by the Court.
An applicant is not liable to be convicted of an offence under section 87(9) if the non-compliance by the applicant with section 87(1)(a) or (4) is the subject of an order made under subsection (2).
The Returning Officer or any person authorized by that Officer may seize and dispose of, or destroy, or obliterate, or cover with any materials that Officer or the person thinks fit, any election advertisement on display and in respect of which any requirement in section 87 has not been complied with.
The Commission may, by notice published in the Gazette, exempt any class or type of election advertisement from the application of any provision of section 87.
(Part 11 added 14 of 2021 s. 247)
In this Part—
FR electronic copy or extract (正式登記冊電子文本或摘錄) means an electronic copy or extract of the final register, or of part of the final register, created and maintained under section 92; obtain access (取覽), in relation to an FR electronic copy or extract, includes causing an electronic device to perform a function so as to obtain access to the data or information contained in the FR electronic copy or extract.The Commission may, for the purposes of section 34(3)(b), create and maintain an electronic copy or extract of the final register, or of part of the final register—
to be stored on an electronic platform; and
access to which can be obtained through the Internet by using an electronic device.
An FR electronic copy or extract is to contain the identity document numbers of the electors and such additional particulars or information that the Chief Electoral Officer thinks fit to include.
A person commits an offence if the person obtains access to an FR electronic copy or extract without legal authority to do so.
For the purposes of subsection (1), an individual has legal authority to obtain access to an FR electronic copy or extract if—
the individual is authorized by the Commission to assist in the creation or maintenance of the FR electronic copy or extract and the individual acts in compliance with the terms of the authorization;
the individual is a Presiding Officer or polling officer who is authorized by the Commission to use the FR electronic copy or extract for the purposes of section 34(3)(b) and the individual so uses the FR electronic copy or extract in compliance with the terms of the authorization; or
the individual is authorized by the Commission to assist in making the FR electronic copy or extract available for the use mentioned in paragraph (b) and the individual acts in compliance with the terms of the authorization.
A person commits an offence if the person, without lawful excuse—
damages any data or information contained in an FR electronic copy or extract; or
otherwise tampers with an FR electronic copy or extract to make its operation defective.
A person who commits an offence under subsection (1) or (3) is liable on conviction on indictment to imprisonment for 2 years.
A member of the Commission may, for the purposes of section 93(2)—
grant an authorization to an individual; and
determine the terms of the authorization.
An authorization granted to an individual under subsection (1) must—
be in writing;
specify the name and appropriate identification details of the individual; and
set out the terms of the authorization.
Form 1Ballot Paper for Contested Election
* Only the appropriate information will be printed.
# The relevant sequence number of the round of voting will be printed.
(L.N. 209 of 2006; E.R. 2 of 2020)
Form 2
Ballot Paper for Uncontested Election
* Only the appropriate information will be printed.