Cap. 541L 《選舉程序(鄉郊代表選舉)規例》Electoral Procedure (Rural Representative Election) Regulation

In this Regulation, unless the context otherwise requires—

(5 of 2014 s. 37)

In this Regulation—

In this Regulation—

In this Regulation, any provision which entitles or permits a candidate, an election agent, a polling agent or a counting agent to do anything in a polling station, counting station, counting zone or in relation to the counting of the votes shall be construed as entitling or permitting the candidate or the agent to do it in a polling station, counting station, counting zone or in relation to the counting of the votes for the Rural Area for which the candidate is standing for election or for which the agent is appointed, as the case may be. (5 of 2014 s. 2)

In this section—

If—

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—

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 Part 8.

Except where otherwise stated, this Regulation applies to a rural ordinary election and a rural by-election.

Parts 4, 5 and 6 are to be read, in their application to a rural by-election, subject to necessary modifications.

As soon as practicable after a notice is given under section 20(3)(b) of the Election Ordinance, the Director of Home Affairs shall publish in the Gazette a notice which states—

For the purposes of subsection (1), one notice may be published for more than one Rural Area.

(5 of 2014 s. 2)

Subject to subsections (2) and (3), the nomination period shall be determined by the Director of Home Affairs.

The nomination period—

The nomination period—

Despite subsection (3), the nomination period may end during the period of 12 days before the polling day if the nomination period is extended under section 2A(3). (12 of 2014 s. 16)

A nomination form nominating a person as a candidate shall—

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.

The Returning Officer may require a person who is nominated as a candidate to furnish such information which is not covered by the nomination form as that Officer considers necessary in order to be satisfied—

If the Returning Officer—

that Officer may, before making a decision under section 27 of the Election Ordinance, give the candidate a reasonable opportunity to rectify it.

A nomination form cannot be rectified under this section after the close of nominations.

The Returning Officer shall, as soon as practicable after receiving the nomination form of a candidate, decide under section 27 of the Election Ordinance whether the candidate is validly nominated.

If sections 22, 23, 24 and 25 of the Election Ordinance are complied with, the candidate stands validly nominated unless—

Without prejudice to sections 22, 23, 24 and 25 of the Election Ordinance, the Returning Officer may decide that a nomination form is invalid if and only if—

The Returning Officer shall, as soon as practicable after deciding that a person is validly nominated as a candidate or is not so nominated, send a written notice of the decision to the person and to each validly nominated candidate for election for the Rural Area concerned. (5 of 2014 s. 2)

A notice under subsection (1) must be sent to—

A withdrawal of candidature under section 26 of the Election Ordinance is effected by delivering a notice of withdrawal to the Returning Officer before the close of nominations.

A notice of withdrawal shall—

A notice under section 27(2) of the Election Ordinance shall—

For the purposes of subsection (1), one notice may be published for more than one Rural Area.

If one notice is to be published for more than one Rural Area under this section, the notice shall be published by the Returning Officers for those Rural Areas.

(5 of 2014 s. 2)

A declaration under section 29(1) of the Election Ordinance shall be made by the Returning Officer in the notice published for the Rural Area concerned in accordance with section 15 or in a separate notice.

A separate notice under subsection (1) shall—

A notice under section 28(1) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the death of a validly nominated candidate comes to the knowledge of that Officer, to—

The Returning Officer—

Declarations under section 28(2) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the death of the candidate comes to the knowledge of that Officer—

A notice under subsection (2)(b) or (3)(a) or (b) shall state—

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

If, before the death of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Rural Representative for the Rural Area— (5 of 2014 s. 2)

A notice under section 28(4) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the disqualification of a validly nominated candidate comes to the knowledge of that Officer, to—

The Returning Officer—

Declarations under section 28(5) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the disqualification of the candidate comes to the knowledge of that Officer—

A notice under subsection (2)(b) or (3)(a) or (b) shall state—

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

If, before the disqualification of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Rural Representative for the Rural Area— (5 of 2014 s. 2)

If, after the death referred to in section 17(1) or the disqualification referred to in section 18(1)—

the Returning Officer shall, by such means as referred to in section 17(3) or 18(3), as the case may be, declare that no poll is to be held for the Rural Area.

The Returning Officer shall in the notice under section 17(3)(a) or 18(3)(a), as the case may be, or in a separate notice—

A separate notice containing a declaration referred to in subsection (2)(a) or (c)(i) shall—

A separate notice containing a declaration referred to in subsection (2)(b) or (c)(ii) shall be published in the Gazette as soon as practicable after the publication of the notice under section 17(3)(a) or 18(3)(a), as the case may be.

If a declaration referred to in subsection (2)(b) or (c)(ii) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.

A declaration under section 30(1) of the Election Ordinance shall be made by the Returning Officer by notice—

A notice under subsection (1) shall be published in the Gazette as soon as practicable after the declaration referred to in that subsection is made.

If a notice is displayed under subsection (1), the Commissioner of Correctional Services or the head of a law enforcement agency must, as soon as practicable, inform all electors in custody detained by him or her who have not yet voted in the poll of the declaration. (L.N. 77 of 2011)

If the death or disqualification of a validly nominated candidate, which is the reason for the termination of the election proceedings, comes to the knowledge of the Returning Officer on the date of election but before the close of the poll for the Rural Area, that Officer shall direct that the poll be abandoned. (5 of 2014 s. 2)

When a poll is abandoned under this section, the Presiding Officer at the polling station or each polling station used for polling for the Rural Area shall take the steps he is required to take under this Regulation for the delivery to the Returning Officer of the ballot box or ballot boxes, ballot papers and other materials relating to the election at the close of the poll. (5 of 2014 s. 2)

For the purposes of subsection (4), the requirement in section 54 relating to the preparation of a ballot paper account does not apply.

The Returning Officer shall—

Sections 70 and 71 apply to the ballot papers and materials delivered to the Returning Officer under subsection (4) as if they were ballot papers and documents sent to the Director of Home Affairs under section 69.

When a poll is abandoned under this section, the Returning Officer shall, as far as practicable and in such manner as that Officer considers appropriate, notify—

If a declaration referred to in subsection (1) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. (5 of 2014 s. 2)

If the death or disqualification of a validly nominated candidate comes to the knowledge of the Returning Officer after the close of the poll but before the declaration of the result of the election for the Rural Area concerned, that Officer shall direct that the counting of the votes is to begin or continue, as the case may be, as if the death or disqualification had not occurred.

If, after the votes are counted, the deceased or disqualified candidate is found to be not successful at the election, the Returning Officer shall declare the successful candidate or candidates to be elected in accordance with section 66(1).

If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the election, the Returning Officer—

A declaration referred to in subsection (3)(b) shall be made—

A notice under subsection (4)(a) shall—

If a declaration referred to in subsection (3)(b) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.

(5 of 2014 s. 2)

Each candidate may appoint one person as his election agent.

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— (12 of 2014 s. 78)

The Commissioner of Correctional Services must not give consent under subsection (3)(h) if he has given consent under section 37(1A) to a polling agent of the same candidate. (L.N. 134 of 2009)

Despite subsection (3)(h), the Commissioner of Correctional Services may, upon an application made under that subsection during the week before polling day, give consent under that subsection if he is satisfied that— (12 of 2014 s. 61)

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. 134 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 25(1), 34(2) or (5), 42(4) or 55(3) given to the election agent of a candidate shall be regarded as having been given to the candidate.

Each candidate may appoint any number of persons as his election expense agents.

Only a person who has attained the age of 18 years may be appointed as an election expense agent.

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—

An appointment of an agent is effected by giving a notice of appointment to the Returning Officer.

A notice of appointment must— (12 of 2014 s. 62)

The appointment of an agent may be revoked by giving a notice of revocation to the Returning Officer.

A notice of revocation must be— (12 of 2014 s. 62)

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 a notice of the particulars of the election agents in a prominent place immediately outside his office.

All notices of appointment of election expense agents given by any candidate under subsection (2) shall be made available for inspection by the public—

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 given by a candidate, the Returning Officer shall send a notice to every other candidate for the election concerned.

A notice under subsection (1) shall—

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.

The hours during which electors can cast their votes on the polling day shall be appointed by the Director of Home Affairs in accordance with this section.

The Director of Home Affairs may appoint different polling hours for different Rural Areas and for different polling stations. (L.N. 134 of 2009; 5 of 2014 s. 2)

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 28A. (L.N. 134 of 2009)

Subject to section 46, an elector to whom a time slot is assigned under subsection (1B) may only cast his vote during the time slot. (L.N. 134 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 (1B) of the time slot assigned to each of them. (L.N. 134 of 2009)

The Director of Home Affairs shall appoint the polling hours so as to give the electors a reasonable opportunity to vote.

The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 134 of 2009)

The Director of Home Affairs shall, at least 10 days before the polling day, publish in the Gazette a notice specifying the polling hours for the Rural Area concerned. (5 of 2014 s. 2)

For the purposes of subsection (3), one notice may be published for more than one Rural Area. (5 of 2014 s. 2)

The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, extend the polling hours for any Rural Area or any polling station. (5 of 2014 s. 2)

If the Director of Home Affairs extends the polling hours under subsection (5), he shall give notice of the extension—

The Director of Home Affairs shall designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 134 of 2009; 12 of 2014 s. 103)

The Director of Home Affairs may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 163 of 2021)

The Director of Home Affairs must indicate in the notice any polling station which, in his or her opinion, is suitable for use for voting by persons with a disability. (12 of 2014 s. 103)

The Director of Home Affairs may designate under subsection (1)—

The Director of Home Affairs may hire any structure, place or premises, or a part of a structure, place or premises, for use as a polling station or a counting station.

The Director of Home Affairs shall, in the case of a polling station or a counting station which is not a Government building—

due to its having been used as a polling station or a counting station. (L.N. 134 of 2009 and L.N. 197 of 2009)

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

A designation under subsection (1) may be made by reference to a map or plan.

If a designation has been made by reference to a map or plan, the Director of Home Affairs shall display the relevant map or plan referred to in subsection (6)— (L.N. 134 of 2009)

The Director of Home Affairs—

The Director of Home Affairs—

The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, allocate to an elector an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (9), to cast the vote or votes he is entitled to cast.

For the purposes of subsection (1), one notice may be published for more than one Rural Area. (5 of 2014 s. 2)

For the purposes of section 28(1)(a), (b), (c) or (d), the Director of Home Affairs may, by written notice, require an owner or occupier of any target premises to—

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

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

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

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

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

In this section—

The Director of Home Affairs may allocate to each elector in custody a dedicated polling station to cast the vote he is entitled to cast at an election.

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

To enable the Director of Home Affairs 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 Director of Home Affairs, provide the following information concerning every person who is detained by the law enforcement agency under any lawful authority—

The Director of Home Affairs shall send a polling notice in the specified form to each elector.

A polling notice shall—

A polling notice sent to an elector who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the elector and sent, as far as practicable, to the prison. (L.N. 134 of 2009)

If an elector is entitled to vote in elections for more than one Rural Area, the Director of Home Affairs may send separate polling notices for each vote or send one polling notice for all the votes. (5 of 2014 s. 2)

Where an alternative polling station is allocated to an elector under section 28(10), the Director of Home Affairs shall, as soon as practicable, notify, in such manner as he considers appropriate—

The Returning Officer shall, for each polling station used for polling for the Rural Area concerned, appoint— (5 of 2014 s. 2)

The Returning Officer may designate—

The Returning Officer shall supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which the Presiding Officer is appointed.

If a polling station is used for polling for more than one Rural Area— (5 of 2014 s. 2)

The Presiding Officer shall display a list containing his name and the names of the polling officers appointed for the polling station in— (L.N. 77 of 2011)

The Presiding Officer appointed for a polling station may perform any act that the Presiding Officer is required or authorized to perform under this Regulation through a polling officer, but the power to adjourn a poll under section 73(1) must be exercised by the Presiding Officer personally. (L.N. 163 of 2021)

As soon as practicable after a nomination form nominating a candidate is delivered to the Returning Officer, the Electoral Registration Officer shall supply to the candidate a copy of the final register for the Rural Area concerned. (5 of 2014 s. 2)

As soon as practicable after the publication of a notice under section 27(2) of the Election Ordinance, the Electoral Registration Officer shall supply to the Returning Officer a copy of the final register for the Rural Area concerned. (5 of 2014 s. 2)

The Electoral Registration Officer may add to the copy of the final register supplied under subsection (1) or (2) such particulars or information as that Officer considers appropriate.

Copies of the final register may be supplied in any or all of the following forms—

The Returning Officer shall provide, at the polling station or at each polling station to be used for polling for the Rural Area concerned, sufficient compartments to enable electors to vote, screened from observation. (5 of 2014 ss. 2 & 43)

The Returning Officer shall supply to the Presiding Officer appointed for the polling station or each polling station to be used for polling for the Rural Area concerned such number of ballot papers as he considers necessary for the polling for the Rural Area. (5 of 2014 s. 2)

The Returning Officer shall ensure that—

if printed on the ballot papers, are crossed out. (1 of 2019 s. 43)

If the name of, and other information relating to, a candidate (applicable candidate) on a ballot paper are crossed out under subsection (3), the Presiding Officer of the polling station at which the ballot paper is used for polling must ensure that a notice specified in subsection (3B) is displayed in a prominent place—

The notice must state that—

The Director of Home Affairs shall provide at each polling station chops bearing a “ ” mark, with or without other design, that are necessary to enable electors to mark ballot papers.

The Presiding Officer shall display a notice providing information on voting procedure for the guidance of electors—

The Returning Officer shall, by reference to a map or plan, determine—

The Returning Officer shall give a notice indicating the boundaries of the no canvassing zone and the no staying zone to every candidate for election for the Rural Area at least 2 days before the polling day. (5 of 2014 s. 2)

If a polling station is to be used for polling for more than one Rural Area— (5 of 2014 s. 2)

The Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary the zone.

If a no canvassing zone or a no staying zone is varied, the Returning Officer who varies the zone shall, as soon as practicable after the variation—

On the polling day, the Returning Officer who determines the no canvassing zone or the no staying zone (or subsequently varies it, where applicable) shall display at or near each polling station a notice indicating the boundaries of the no canvassing zone and the no staying zone as determined or, where applicable, as varied. (L.N. 134 of 2009)

A determination under subsection (1) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone and the no staying zone as determined.

A variation under subsection (4) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone or the no staying zone as varied.

The Returning Officer and the Presiding Officer shall keep order at the no canvassing zone and the no staying zone.

No person shall—

on the polling day.

An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 77 of 2011)

On the polling day, a person may, on the storeys above or below street level in a building within a no canvassing zone (other than a building in which there is a polling station), without obstructing any person, canvass for votes from door to door.

For the purposes of subsections (2) and (3), suggesting not to vote for any candidate shall be regarded as canvassing for votes.

No person shall, in a no canvassing zone or a no staying zone—

on the polling day.

If a person contravenes subsection (2) or (5), the Returning Officer or the Presiding Officer may—

No person shall fail to produce his identity document when required to do so under subsection (6).

If a person fails to leave when ordered to do so under subsection (6), he may be removed by— (L.N. 134 of 2009)

No person who is removed under subsection (8) shall enter the relevant zone again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer.

The powers conferred by subsections (6) and (8) shall not be so exercised as to prevent an elector from voting.

A candidate may appoint a maximum of 2 polling agents for one polling station. (12 of 2014 s. 47)

Despite subsection (1) and subject to section 37(1A), (1B) and (6B), only one polling agent may be appointed by a candidate for a dedicated polling station situated in a prison. (12 of 2014 s. 47)

A polling agent appointed by a candidate may attend only at the polling station or polling stations on behalf of the candidate for a purpose connected with the conduct of a poll for the Rural Area concerned. (5 of 2014 s. 2)

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 for a polling station other than a dedicated polling station situated in a prison is effective only if a notice of appointment is delivered to—

A notice of appointment shall—

The appointment of a polling agent may be revoked by giving a notice of revocation to the Returning Officer or the Presiding Officer of the polling station in accordance with subsection (7A) or (7B). (12 of 2014 s. 47)

A notice of revocation shall be—

If the notice of revocation is given before polling day, it must be delivered to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 47)

If the notice of revocation is given on polling day—

If a polling agent dies or the appointment of a polling agent is revoked, the candidate may, subject to this section, appoint another person as a polling agent to replace the first-mentioned agent.

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

(Repealed 12 of 2014 s. 47)

No person may enter or stay in a polling station, except—

A polling agent may not be present in a dedicated polling station situated in a prison unless— (12 of 2014 s. 48)

The Commissioner of Correctional Services must not give consent under subsection (1A) if he has given consent under section 22(3)(h) to the election agent of the same candidate. (L.N. 134 of 2009)

Despite subsection (1A), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 48)

If the Commissioner of Correctional Services refuses to give consent under subsection (1A), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 134 of 2009)

In order to ensure that polling takes place smoothly and efficiently, the Presiding Officer—

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

Only an election agent or a polling agent regarding whom a notice of appointment has been given under this Regulation may be present in a polling station on behalf of a candidate.

If a candidate is present in a polling station, the election agent of that candidate may not be present in the polling station at the same time.

Only one polling agent of a candidate may be present in a polling station, on behalf of the candidate, at any one time, if neither the candidate nor the election agent is present.

(Repealed L.N. 77 of 2011)

No election agent or polling agent may be present in a dedicated polling station situated in a maximum security prison. (L.N. 134 of 2009)

A candidate, an election agent or a polling agent who wishes to be admitted to a polling station shall, on arriving at the polling station—

If the area referred to in subsection (3) is occupied to its full seating capacity, the Presiding Officer—

The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a polling station in accordance with the terms of the authorization.

The Returning Officer and the Presiding Officer shall keep order at the polling station concerned.

No person shall—

in a polling station during the polling hours appointed for it contrary to a direction of the Returning Officer or the Presiding Officer not to do so. (L.N. 134 of 2009)

Subsection (2) does not apply to—

No person shall—

in a polling station on the polling day without the express permission of a member of the Commission, the Returning Officer or the Presiding Officer.

No person shall—

in a polling station on the polling day.

For the purposes of subsection (5), suggesting not to vote for any candidate shall be regarded as canvassing for votes.

No person shall, in a polling station or its vicinity—

on the polling day.

If a person contravenes subsection (5) or (7), the Returning Officer or the Presiding Officer may—

No person shall fail to produce his identity document when required to do so under subsection (8).

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 47(6), the Returning Officer or the Presiding Officer may order him to leave the polling station immediately. (L.N. 134 of 2009; 5 of 2014 s. 44)

If a person fails to leave when ordered to do so under subsection (8) or (9A), the person may be removed— (L.N. 134 of 2009)

No person who is removed under subsection (10) shall enter the polling station or its vicinity again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer.

The powers conferred by subsections (8) and (10) shall not be so exercised as to prevent an elector from voting.

Immediately before the commencement of the poll, the Presiding Officer shall show the ballot box or each ballot box, empty, to the persons who are present in the polling station concerned.

The Presiding Officer shall, after showing a ballot box under subsection (1), lock it and seal it with a sealing device provided for that purpose by the Director of Home Affairs so that it cannot be opened without unlocking the lock and breaking the sealing device.

The Presiding Officer shall—

A ballot paper to be used for an election for an Existing Village shall be in Form 1 set out in Schedule 1.

A ballot paper to be used for an election for an Indigenous Village shall be—

A ballot paper to be used for an election for a Composite Indigenous Village shall be in Form 3 set out in Schedule 1.

A ballot paper to be used for an election for a Market Town is to be—

The Director of Home Affairs may decide—

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.

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 a ballot paper against his name.

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

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

The Presiding Officer may, in case of doubt and at the time a person applies for a ballot paper, ask the person any appropriate questions set out in subsection (2).

The questions referred to in subsection (1) are—

The Presiding Officer must ask the appropriate questions set out in subsection (2) if so required by a candidate, an election agent or a polling agent.

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—

the Presiding Officer may take the step specified in subsection (3A).

A declaration referred to in subsection (1) may only be made—

If the Presiding Officer has reason to believe that a person—

has engaged in corrupt conduct of impersonation, the Presiding Officer may take the step specified in subsection (3A).

The step specified for the purposes of subsections (1) and (3) is—

A person—

shall not be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 77 of 2011)

If, at a polling station used for polling for only one Rural Area, 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 (2A) or (2B), that the person is an elector registered in the final register for the Rural Area, issue to the person— (5 of 2014 s. 2; L.N. 133 of 2017)

If, at a polling station used for polling for more than one Rural Area, 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 (2A) or (2B), that— (5 of 2014 s. 2; L.N. 133 of 2017)

For a person applying for a ballot paper at a polling station (other than a dedicated polling station situated in a prison), the document or documents referred to in subsections (1) and (2) are any of the following—

For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsections (1) and (2) is a document issued by the Commissioner of Correctional Services showing—

If a person referred to in subsection (2)(b) does not wish to cast all the votes which he is entitled to cast for the Rural Areas for which the polling station is used for polling or he does not wish to do so at the same time, he— (5 of 2014 s. 2)

For the purposes of subsections (1), (2) and (3), where the person is an elector registered in a final register—

Before a ballot paper or ballot papers are issued to an elector, the polling officer shall call out the name of the elector as stated in the copy of the relevant final register or registers in that officer’s possession.

To ensure that the correct ballot paper or ballot papers are issued to an elector, the polling officer may require the elector to verify the entry relating to him in the relevant final register or registers.

A person shall not be prevented from voting only because of an omission or inaccuracy of a particular required to be registered in the relevant final register, other than the omission of his name and, where applicable, his principal residential address.

Immediately before issuing a ballot paper or ballot papers to an elector, the polling officer must—

to denote that the ballot paper or ballot papers the elector is entitled to have issued to him or her at the relevant polling station has been or have been so issued. (L.N. 163 of 2021)

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

Subject to subsection (5), if—

he shall not cast the vote or votes when he returns to the polling station before the close of the poll unless—

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

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 27(1B). (L.N. 134 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—

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

If the Presiding Officer does not grant the permission to an elector under subsection (2), he shall immediately re-issue to the elector the ballot paper or ballot papers returned under subsection (1)(c)(iii).

An elector who—

may return to the polling station before the close of the poll and cast his vote or votes.

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

The right of an elector in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (5) is subject to his returning to the dedicated polling station within the time slot assigned to him under subsection (5A) or section 27(1B). (L.N. 134 of 2009)

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

For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) shall be regarded as issuing a ballot paper under section 45(1), (2) or (3), as the case may be.

Subject to section 49(1), when an elector is issued with a ballot paper or ballot papers, he or she must immediately go into a voting compartment and mark the ballot paper or ballot papers. (5 of 2014 s. 48)

(Repealed 5 of 2014 s. 48)

An elector must—

After marking the ballot paper or ballot papers, the elector must—

The Director of Home Affairs may direct, in such manner as he or she thinks fit, an elector to—

If an elector is issued with more than one ballot papers, the Director of Home Affairs may give separate directions under subsection (4) for each ballot paper. (5 of 2014 s. 48)

An elector must—

A person must not put anything into the ballot box other than a marked ballot paper or an envelope referred to in subsection (4). (5 of 2014 s. 48)

Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. (5 of 2014 s. 48)

In this section—

An elector voting for an Existing Village—

An elector voting for an Indigenous Village—

An elector voting for a Composite Indigenous Village—

An elector voting for a Market Town—

The Presiding Officer, the Deputy Presiding Officer or any Assistant Presiding Officer may, upon the request of an elector who claims that he is unable to read or is incapacitated from casting his vote because of impaired eyesight or other physical cause—

in the presence of a polling officer designated by the Presiding Officer, the Deputy Presiding Officer or the Assistant Presiding Officer, as the case may be, having regard to the choice (if any) of a candidate or his polling agent.

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 as to be able to facilitate the marking of a ballot paper by an elector suffering from impaired eyesight.

Subject to subsection (2) and sections 45(3) and 46, if a person (the first-mentioned person) representing himself to be a particular elector applies for a ballot paper for a particular Rural Area after a ballot paper for the Rural Area had already been issued on the basis that the person to whom it was issued was that elector, the Presiding Officer shall issue to the first-mentioned person a ballot paper for the Rural Area 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—

If an elector issued with a ballot paper—

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—

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 45(1), (2) or (3), as the case may be.

This section applies if a polling station is also designated as a counting station at an election.

As soon as practicable after the close of the poll at the polling station, the Presiding Officer of the station must display a notice in a prominent place outside the station stating—

A candidate and the candidate’s election agent, polling agent and counting agent may stay in the polling station while it is closed for preparation for the counting of the votes.

After complying with subsection (2), the Presiding Officer must, in the presence of the persons who are present in the polling station—

For subsection (4)(b), if the polling station is used for polling for more than one Rural Area, the Presiding Officer must make separate sealed packets for each Rural Area.

All the items specified in subsection (7) must then—

The items specified for the purposes of subsection (6) are—

This section applies if a polling station is not also designated as a counting station at an election.

As soon as practicable after the close of the poll at the polling station, the Presiding Officer of the station must display a notice in a prominent place outside the station stating—

After complying with subsection (2), the Presiding Officer must, in the presence of the persons who are present in the polling station—

For subsection (3)(b), if the polling station is used for polling for more than one Rural Area, the Presiding Officer must make separate sealed packets for each Rural Area.

A candidate and the candidate’s election agent and polling agent may stay in the polling station while it is closed for taking the steps described in subsection (3).

If the polling station is not a dedicated polling station, the Presiding Officer must then, as soon as practicable—

If the polling station is a dedicated polling station, the Presiding Officer must then, as soon as practicable—

The items specified for the purposes of subsections (6) and (7) are—

The ballot paper account prepared under subsection (1) shall—

The Presiding Officer of a dedicated polling station must—

The statement prepared under subsection (3)(a) must be in the specified form and show the number of ballot papers for the Rural Area supplied to the Presiding Officer under section 33(2) and account for those ballot papers under the following heads— (5 of 2014 s. 2)

The Officer-in-charge of a counting station is to determine the time at which the counting of the votes at the station is to begin. (L.N. 163 of 2021)

The time determined under subsection (1) must be a time after the poll has closed at all the polling stations at which polling for the Rural Area concerned was conducted. (L.N. 134 of 2009; 5 of 2014 s. 2; L.N. 163 of 2021)

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

The Returning Officer must give written notice to each candidate of the addresses of the counting stations at which the counting of the votes for the Rural Area is to take place. (L.N. 163 of 2021)

A notice under subsection (3) shall be given—

The Officer-in-charge of a counting station must, before the counting of the votes begins, display a notice in a prominent place outside the station stating the time that the station will be opened to the public to observe the counting of the votes. (L.N. 163 of 2021)

A candidate may appoint counting agents to attend at a counting station (relevant counting station) to observe the counting of the votes for the Rural Area for which the candidate is standing for election. (5 of 2014 s. 2; L.N. 163 of 2021)

The Returning Officer shall determine the maximum number of counting agents a candidate may appoint.

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— (12 of 2014 s. 49; L.N. 163 of 2021)

A notice of appointment shall—

The appointment of a counting agent may be revoked in the following way—

A notice of revocation shall be—

If a counting agent dies or the appointment of a counting agent is revoked, the candidate may, subject to this section, appoint another person as a counting agent to replace the first-mentioned agent.

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 or by the Officer-in-charge of the relevant counting station, as may be appropriate. (12 of 2014 s. 49; L.N. 163 of 2021)

(Repealed 12 of 2014 s. 49)

The Electoral Affairs Commission may appoint an Assistant Returning Officer to preside at a ballot paper sorting station. (L.N. 134 of 2009)

The Director of Home Affairs may appoint a person who is appointed as the Presiding Officer for a polling station under section 31(1)(a) as the Presiding Officer for the counting station for counting the votes cast at that polling station. (L.N. 163 of 2021)

The Director of Home Affairs may appoint a number of counting officers the Director considers appropriate for a counting station to assist the Officer-in-charge of the station in counting the votes.

The Officer-in-charge of a counting station must display a list of the names of the counting officers in a prominent place within the counting station.

The Officer-in-charge of a counting station may set apart an area within the station as a counting zone. (L.N. 163 of 2021)

Where a counting zone is set apart under subsection (1), the zone must be delineated and identified by the means the Officer-in-charge considers appropriate. (L.N. 163 of 2021)

No person may enter or stay in a counting zone, except—

The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a counting zone in accordance with the terms of the authorization.

The Officer-in-charge of a counting station may authorize any person in writing to enter and stay in the counting zone of the station in accordance with the terms of the authorization. (L.N. 163 of 2021)

Any member of the public may observe the counting of the votes from an area at a counting station set apart for that purpose by the Officer-in-charge of the counting station unless the Officer-in-charge considers that the presence of such member of the public may— (L.N. 163 of 2021)

The Officer-in-charge of a counting station must ensure that the arrangements for the counting of the votes at the counting zone of the station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. (L.N. 163 of 2021)

The Officer-in-charge of a counting station must keep order at the station. (L.N. 163 of 2021)

No person shall—

in a counting zone without the express permission of a member of the Commission, the Director of Home Affairs or the Officer-in-charge of the counting station.

No person shall, in a counting station or its vicinity—

The Officer-in-charge of a counting station may take the actions specified in subsection (4A) if— (L.N. 163 of 2021)

The actions specified for the purposes of subsection (4) are—

A person must produce the person’s identity document when required to do so under subsection (4A). (L.N. 163 of 2021)

A person who fails to leave when ordered to do so under subsection (4A) may be removed by a police officer or by a person authorized in writing by the Officer-in-charge. (L.N. 163 of 2021)

No person who is removed under subsection (6) may, without the express permission of the Officer-in-charge, re-enter the counting station or its vicinity before the counting of the votes at the station is finished.

The Officer-in-charge of a counting station must open at the counting zone any ballot box or receptacle kept by or handed over to the Officer-in-charge under section 53, 53A or 60A (as the case may be) by breaking the sealing device in the presence of the candidates or their election agents or counting agents, if present in the counting zone. (L.N. 134 of 2009; L.N. 163 of 2021)

The Officer-in-charge must permit a candidate, or a candidate’s election agent or counting agent, to inspect any paper, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of. (L.N. 163 of 2021)

After opening the ballot boxes under section 60, the Assistant Returning Officer presiding at the ballot paper sorting station must— (L.N. 163 of 2021)

The Assistant Returning Officer must, in preparing the statements under subsection (1)(d), take the action specified in subsection (3) if—

The action specified for the purposes of subsection (2) is to compare the numbers of the following for a Rural Area with the ballot paper account for that Rural Area—

A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—

In subsection (1), a reference to ballot papers is, if envelopes for containing ballot papers are used in the election, a reference to the envelopes. (L.N. 163 of 2021)

If a counting station other than a ballot paper sorting station is used for counting the votes cast at a dedicated polling station, the Officer-in-charge of the counting station must, at the counting zone, after opening all ballot boxes and receptacles in accordance with section 60 and before counting the votes recorded on the ballot papers from each dedicated polling station—

The Officer-in-charge must, in preparing the statement under subsection (1)(d) in respect of the ballot papers that were not sorted in a ballot paper sorting station, take the action specified in subsection (3) if—

The action specified for the purposes of subsection (2) is to compare the numbers of the following for the dedicated polling station concerned with the ballot paper account for that station—

A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—

If any ballot paper for a Rural Area other than one for which the counting station is designated is found in a ballot box or receptacle, the Officer-in-charge of the station must, in relation to such ballot papers—

The Officer-in-charge of a counting station who receives a receptacle delivered under subsection (5)(f) must, at the counting zone, before counting the votes recorded on the ballot papers in the receptacle in accordance with section 61—

(Repealed L.N. 163 of 2021)

Subject to section 60B(1), (5) and (6), ballot papers are to be counted, at the counting zone, using any one or more of the following methods, as determined by the Officer-in-charge of the counting station— (L.N. 134 of 2009; 5 of 2014 s. 52; 12 of 2014 s. 74; L.N. 163 of 2021)

In the course of counting in accordance with subsection (1)(a), (b), (c) or (d), as the case may be— (5 of 2014 s. 52)

The Officer-in-charge must, after counting the votes in accordance with subsection (1), at the counting zone— (L.N. 163 of 2021)

The Officer-in-charge must, in preparing the statement under subsection (3)(b) for that station, take the action specified in subsection (5) if—

The action specified for the purposes of subsection (4) is to compare the numbers of the following for that station with the ballot paper account for that station—

A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—

If a ballot paper is forwarded to the Officer-in-charge of a counting station under section 61(2)(a)— (L.N. 163 of 2021)

After considering the representations (if any) made under subsection (1)(b), the Officer-in-charge must determine whether the ballot paper— (L.N. 163 of 2021)

Despite section 62(b), the Officer-in-charge may determine under subsection (2) that a ballot paper which is not marked in accordance with section 48(1)(b), (2)(b) , (3)(b) or (4)(b), as the case may be, is valid and the vote shall be counted in any manner specified in section 61(1), if, subject to other provisions of section 62, he is satisfied that the elector has marked the ballot paper by affixing the chop issued under section 45 on the ballot paper so as to clearly indicate his intention to vote for the candidate or candidates concerned, as the case may be. (5 of 2014 s. 54)

If—

the Officer-in-charge must endorse the words “acceptance objected to” and “予以接納的決定遭反對” on the front of the ballot paper.

If the Officer-in-charge determines under subsection (2) that a ballot paper shall not be counted, he shall— (L.N. 163 of 2021)

If—

the Officer-in-charge must prepare a statement regarding such ballot paper.

A statement prepared under subsection (6) shall show the respective number of ballot papers under the following heads—

A determination made under subsection (2) shall be final.

To avoid doubt, the Officer-in-charge must not make a determination not to count a ballot paper solely because the name of, and other information relating to, a candidate on the ballot paper are crossed out under section 33(3). (1 of 2019 s. 44)

The Officer-in-charge of a counting station other than a ballot paper sorting station must, after counting the votes in accordance with section 61 and determining the validity of any questionable ballot paper in accordance with section 63— (L.N. 163 of 2021)

(Repealed L.N. 163 of 2021)

A candidate, an election agent or a counting agent may copy what is recorded in the statement prepared under subsection (1)(d).

This section applies if there is only 1 counting station for a Rural Area.

After the votes are counted and the number of ballot papers are verified, the Officer-in-charge of a counting station must—

A candidate or an election agent who is present at the counting zone may request the Officer-in-charge to count again the counted or re-counted votes.

The Officer-in-charge must comply with a request under subsection (3) unless the Officer-in-charge is of the opinion that the request is unreasonable.

If the Officer-in-charge is a Presiding Officer, the Presiding Officer must report to the Returning Officer appointed for the Rural Area concerned the result of the counting of the votes and re-count (if any).

This section applies if there are 2 or more counting stations for a Rural Area.

After the votes are counted and the number of ballot papers are verified, the Officer-in-charge of a counting station must—

A candidate or an election agent who is present at the counting zone may request the Officer-in-charge to count again the counted or re-counted votes.

The Officer-in-charge must comply with a request under subsection (3) unless the Officer-in-charge is of the opinion that the request is unreasonable.

If the Officer-in-charge is a Presiding Officer, the Presiding Officer must report to the Returning Officer appointed for the Rural Area concerned the result of the counting of the votes and re-count (if any).

After the Returning Officer has obtained the results of the counting of the votes and re-count (if any) of all the counting stations for the Rural Area, the Officer must make known the results to the candidates or their election agents or counting agents who are present at the place specified by the Officer.

A candidate or an election agent who is present at the place may make a request to the Returning Officer for a re-count of all the votes of all the counting stations for the Rural Area.

The Returning Officer must comply with a request under subsection (7) unless the Officer is of the opinion that the request is unreasonable.

If the Returning Officer decides to comply with a request under subsection (7), the Officer must—

The Officer-in-charge of a counting station must—

After the Returning Officer has obtained the results of the re-counts, the Officer must make known the results to the candidates or their election agents or counting agents who are present at the place specified under subsection (6).

The drawing of lots for determining the result of an election for a Rural Area under section 31(6) of the Election Ordinance must be conducted at—

Subject to subsection (3), the drawing of lots must be conducted in the presence of—

The drawing of lots may be conducted in the absence of a relevant candidate if—

If a relevant candidate is absent for the drawing of lots, the Returning Officer may draw lots on behalf of the candidate, provided that before doing so, the Officer announces on which relevant candidate’s behalf the Officer is drawing the lots.

When the counting of the votes and re-counts, if any, are completed and the result of the election determined, the Returning Officer shall declare as elected the candidate who was successful at the election under section 31(7) of the Election Ordinance.

If, before declaring a successful candidate to be elected, it comes to the knowledge of the Returning Officer that the candidate has died or is disqualified from being elected, section 21(3), (4), (5) and (6) applies.

The Returning Officer shall, as soon as practicable after declaring the election result in accordance with section 66(1)—

The Returning Officer shall, within 10 days after the date of declaring the election result in accordance with section 66(1), publish a notice in the Gazette, as provided in section 36(1) of the Election Ordinance.

A notice referred to in subsection (1) or (2)—

The Officer-in-charge of a counting station must, as soon as practicable after ascertaining the result of the poll, at the counting zone, make up into separate sealed packets— (L.N. 163 of 2021)

The Officer-in-charge must endorse on each sealed packet— (L.N. 163 of 2021)

A candidate, an election agent or a counting agent may be present when the Officer-in-charge makes up the sealed packets and endorses them. (L.N. 163 of 2021)

The Officer-in-charge of a counting station must, as soon as practicable after discharging the Officer-in-charge’s duties under section 68, send to the Director of Home Affairs— (L.N. 163 of 2021)

A Returning Officer who does not preside at any counting station must, as soon as practicable after discharging the Officer’s duties under section 67(1), send to the Director of Home Affairs—

The Commission may direct—

is likely to be obstructed, disrupted, undermined or seriously affected by—

The Commission may direct—

is likely to be or is being obstructed, disrupted, undermined or seriously affected by—

Subject to section 45(3), an elector who has cast a vote at a poll adjourned under subsection (2) is not entitled and shall not be allowed to cast a vote again at the resumed polling.

The Presiding Officer appointed for a polling station may, after consulting the Returning Officer, direct the adjournment of a poll for an election at that polling station if, during the polling, the Presiding Officer is of the opinion that the poll is likely to be or is being obstructed, disrupted, undermined or seriously affected by—

The Officer-in-charge of a counting station may direct the adjournment of the counting of the votes in respect of the poll for an election at the counting station if, during the counting, the Officer-in-charge is of the opinion that the counting is likely to be or is being obstructed, disrupted, undermined or seriously affected by— (L.N. 163 of 2021)

If the Officer-in-charge is a Presiding Officer or an Assistant Returning Officer, the Officer-in-charge may only exercise the power under subsection (2) after consulting the Returning Officer appointed for the Rural Area concerned. (L.N. 163 of 2021)

If the Commission directs the postponement or adjournment of—

it shall publish the direction in such manner as it considers practicable.

If a Presiding Officer directs the adjournment of a poll at a polling station, the Officer must publish the direction in a way the Officer considers practicable. (L.N. 163 of 2021)

If the Officer-in-charge of a counting station directs the adjournment of the counting of the votes at the station, the Officer-in-charge must publish the direction in a way the Officer-in-charge considers practicable. (L.N. 163 of 2021)

If a poll is adjourned, the Presiding Officer shall, as soon as practicable after receiving the direction under section 72(2) or giving the direction under section 73(1), as the case may be, make up into separate sealed packets—

and, at a polling station used for polling for more than one Rural Area, make separate sealed packets for each Rural Area, in the presence of the persons who are present in the polling station. (5 of 2014 s. 2)

The Presiding Officer shall, as soon as practicable after complying with subsection (1), deliver—

to the Returning Officer or the relevant Returning Officers.

If it is impracticable to make delivery under subsection (2), the Presiding Officer shall deposit the sealed ballot box or boxes and sealed packets in—

until the delivery becomes practicable.

Upon the delivery to the Returning Officer or the relevant Returning Officers of the sealed ballot box or boxes and sealed packets under subsection (2), the Returning Officer or the relevant Returning Officers shall—

If the counting of the votes in respect of a poll is postponed or adjourned at a counting station, the Officer-in-charge of the station must, in the presence of the persons, if any, present in the station— (L.N. 163 of 2021)

The place specified for the purposes of subsection (1) is—

If a poll is postponed, the Commission shall appoint—

If a poll is adjourned, the Commission shall appoint—

If the counting of the votes in respect of a poll is postponed, the Commission shall appoint a date within 14 days after the date of the postponed counting as the day on which the counting shall be conducted.

If the counting of the votes in respect of a poll is adjourned, the Commission shall appoint a date within 14 days after the date of the adjourned counting as the day on which the counting shall resume.

As soon as practicable after an appointment under subsection (1), (2), (3) or (4), as the case may be, is made, the Commission shall—

The appointment of a date under this section for holding a rural by-election shall be subject to section 21(2) and (3) of the Election Ordinance. (5 of 2014 s. 2)

(Repealed 12 of 2014 s. 89)

If—

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.

No person (other than a person specified in subsection (2)) shall—

The following persons are specified for the purposes of subsection (1)—

A declaration of secrecy—

No person shall—

Subsection (1)(a) or (aa) does not apply to— (L.N. 134 of 2009)

Notices under the following provisions may be delivered by hand, by post, by electronic mail or by facsimile transmission— (12 of 2014 s. 63)

A notice under section 34(5) may be given orally if delivering it in accordance with subsection (1) is not practicable or is not suitable in the circumstances. (12 of 2014 s. 63)

The Commission may specify forms for the purposes of this Regulation on—

The Director of Home Affairs may specify forms (other than those referred to in subsection (1)) for the purposes of this Regulation.

Forms specified under subsections (1) and (2) shall be made available by the Director of Home Affairs—

Subsection (3) does not apply to the specified forms referred to in—

Subject to subsection (2), the Officer-in-charge of a counting station may perform any act that the Officer-in-charge is required or authorized to perform under this Regulation through a counting officer.

The Officer-in-charge may not delegate under subsection (1) the power to do any of the following—

The Director of Home Affairs is subject to the directions of the Commission in the performance of his functions under this Regulation.

The Director of Home Affairs may delegate his powers, duties or functions under this Regulation to a member of the staff of the Department of Home Affairs.

If the Director of Home Affairs is of the opinion that an irregularity has occurred in relation to an election, a poll or the counting of votes in respect of a poll, or a Returning Officer or a Presiding Officer is of the opinion that an irregularity has occurred in relation to an election, a poll or the counting of the votes in respect of a poll, he shall make a report in writing to the Commission.

A report of an irregularity shall be made—

If the Director of Home Affairs is of the opinion that a material irregularity has occurred or is likely to occur in relation to an election, a poll or the counting of the votes in respect of a poll, or a Returning Officer or a Presiding Officer is of the opinion that a material irregularity has occurred or is likely to occur in relation to an election, a poll or the counting of the votes in respect of a poll, he shall immediately make a report to the Commission in such manner as he considers expedient in the circumstances.

If a report is made under subsection (3) otherwise than in writing, the Director of Home Affairs or the Officer concerned shall make a report also in writing—

Any person who contravenes section 35(2), (5), (7) or (9), 37(1), 38(2), (5), (7), (9) or (11), 58(3), 59(2), (3), (5) or (7), 78 or 79 commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months. (L.N. 134 of 2009 and L.N. 197 of 2009)

Any person who contravenes section 38(4), 47(8), or 82(1) commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months. (11 of 2012 s. 21; 5 of 2014 s. 56)

Any person who—

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 persuades any other person to—

in an election related document commits an offence.

A person who commits an offence under this section shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months.

An offence under subsection (1) or (2) is an offence prescribed for the purposes of sections 9(1)(d)(iv) and 23(1)(e)(iv) of the Election Ordinance. (5 of 2014 s. 57)

In this Part—

Any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this Part.

If a Returning Officer has not been appointed for a Rural Area, any reference in this Part to a Returning Officer is to be construed as a reference to the Director. (5 of 2014 s. 2)

A document published by a candidate during an election period that gives details of the work done by the candidate in the capacity of—

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—

A candidate must—

A candidate must provide, in the manner and within the time specified by the Commission, to the Returning Officer—

A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—

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 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 Director 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 92(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 92, from the relevant requirement under that section, but only if the Court—

If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 92(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 92(9) if the non-compliance by the applicant with section 92(1)(a) or (4) is the subject of an order made under subsection (2).

The Commission may, for the purposes of section 45(8)(b), create and maintain an electronic copy or extract of the final register, or of part of the final register—

An FR electronic copy or extract is to contain the identity document numbers of the electors and such additional particulars or information that the Director of Home Affairs 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—

A person commits an offence if the person, without lawful excuse—

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 98(2)—

An authorization granted to an individual under subsection (1) must—