Cap. 541 sub. leg. F

Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [1 August 1999](Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—ballot paper (選票) means a ballot paper to vote for a candidate standing for election for a constituency;ballot paper account (選票結算表) means a statement prepared under section 64;ballot paper sorting station (選票分流站) means a place designated as a ballot paper sorting station under section 31; (L.N. 131 of 2009)by-election (補選) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547);by-election notice (補選公告) means a notice published under section 10;candidate (候選人) means, subject to subsection (2), in relation to a particular constituency, a candidate who is validly nominated to be returned as a member for that constituency at an election; (19 of 2023 s. 113)constituency (界別或選區) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 113)counting agent (監察點票代理人) means a person appointed as a counting agent under section 66;counting of the votes (點票) includes, where appropriate, the separation, sorting and counting of ballot papers;counting officer (點票人員) means, in relation to a counting station, a person appointed under section 67 as a counting officer for that counting station;counting station (點票站) means a place designated as a counting station under section 31;counting zone (點票區) means an area within a counting station assigned by the Presiding Officer for the counting of the votes; (L.N. 125 of 2003; L.N. 131 of 2009)DCC ballot paper (地區委員會界別選票) means a ballot paper to vote for a candidate standing for election for a District Committees constituency; (19 of 2023 s. 113)dedicated polling station (專用投票站) means a place designated as a dedicated polling station under section 31; (L.N. 131 of 2009)District (地方行政區) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547);District Committees constituencies register (地區委員會界別選民名冊) means the register of electors for District Committees constituencies compiled and published under section 31A of the District Councils Ordinance (Cap. 547) that is in effect; (19 of 2023 s. 113)District Committees constituency (地區委員會界別) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 113)District Council geographical constituency (區議會地方選區) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 113)dominant counting station (主要點票站) means a place designated as a dominant counting station under section 31; (L.N. 125 of 2003)election (選舉) means an ordinary election or a by-election; 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. 9) election agent (選舉代理人) means a person appointed as an election agent under section 26;election day (選舉日), in relation to a constituency, means the date on which an election for the constituency is to be held; (19 of 2023 s. 113)election expense agent (選舉開支代理人) means a person authorized to incur election expenses under section 28;election expenses (選舉開支), in relation to an election, has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); (10 of 2000 s. 47)election notice (選舉公告) means a notice published under section 8;elector (選民) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 113)Electoral Registration Officer (選舉登記主任) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547);Eligibility Review Committee (資格審查委員會) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (19 of 2023 s. 113) final register (正式選民冊) means— (a) the District Committees constituencies register; or (b) the geographical constituencies final register; (19 of 2023 s. 113) GC ballot paper (地方選區選票) means a ballot paper to vote for a candidate standing for election for a District Council geographical constituency; (19 of 2023 s. 113)geographical constituencies final register (地方選區正式選民登記冊) means the final register of electors for geographical constituencies compiled under the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A) and which is in effect; (L.N. 284 of 1999; 19 of 2023 s. 113)head-dress (頭飾) means anything which is worn on a person’s head; (L.N. 125 of 2003)identity card (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap. 177);identity document (身分證明文件) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547); 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. 131 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. 131 of 2009) main counting station (大點票站) means a place designated as a main counting station under section 31; (L.N. 125 of 2003 and L.N. 191 of 2003)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. 131 of 2009)member (議員) means a person elected at an election under Part V of the District Councils Ordinance (Cap. 547) as a member of a District Council; (19 of 2023 s. 113)no canvassing zone (禁止拉票區) means an area determined under section 43 to be an area in which canvassing of votes is prohibited;no staying zone (禁止逗留區) means an area determined under section 43 to be an area in which staying or loitering is prohibited;nomination form (提名表格) means the specified form submitted for the purpose of nominating a candidate to stand for election for a constituency;nomination period (提名期) means—(a) in relation to nominations for a constituency, the period specified under section 8(2)(b); and(b) for a by-election for a constituency, the period specified under section 10(5)(a); (19 of 2023 s. 113)Nominations Advisory Committee (提名顧問委員會) means a committee appointed under the Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation (Cap. 541 sub. leg. E); notice appointing the election day (指定選舉日公告) means, in relation to an ordinary election, a notice by which a date is specified by the Chief Executive under the District Councils Ordinance (Cap. 547)— (19 of 2023 s. 113) (a) to hold an election to return members for District Committees constituencies; or (b) to hold an election to return members for District Council geographical constituencies; (19 of 2023 s. 113) notice of nominations (提名公告) means a notice published under section 22; 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 8(1) or 10(1) in respect of an election; and(ii) the date of publication of the result of the election under the District Councils Ordinance (Cap. 547) or the date of the declaration of the failure of the election under that Ordinance, as may be appropriate; (12 of 2014 s. 94; 19 of 2023 s. 113) polling agent (監察投票代理人) means a person appointed as a polling agent under section 45;polling day (投票日) means the date on which the poll is to be held in an election;polling hours (投票時間) means the hours for polling appointed under section 30;polling officer (投票站人員) means, in relation to a polling station, the person appointed under section 37(2) as a polling officer for that polling station;polling station (投票站) means a place designated as a polling station under section 31;prescribed body (訂明團體) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 79 of 2007) Presiding Officer (投票站主任) means— (L.N. 131 of 2009) (a) in relation to a polling station, the person appointed under section 37(1) as the Presiding Officer for that polling station; (b) in relation to a ballot paper sorting station, the person appointed under section 66A(1) as the Presiding Officer for that ballot paper sorting station; (L.N. 131 of 2009) registered (登記), in the context of a registered name or a registered emblem, has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 79 of 2007)registered residential address (登記住址), in relation to a person, means the address recorded in the particulars of that person in the final register; (19 of 2023 s. 113)Returning Officer (選舉主任) has the meaning assigned to it by section 2 of the District Councils Ordinance (Cap. 547);small polling station (小投票站) means a place designated as a small polling station under section 31; (L.N. 125 of 2003 and L.N. 191 of 2003)special polling station (特別投票站) means a polling station designated as such under section 32;specified address (指明地點) means, in relation to a constituency, the address specified in the relevant election notice or by-election notice as the address at which the nomination forms are to be submitted for that constituency;specified form (指明表格、指明格式) means, in relation to a particular purpose of this Regulation, the form specified under section 100 for that purpose;spoilt ballot paper (損壞的選票) means a spoilt ballot paper within the meaning of section 62;tendered ballot paper (重複的選票) means a tendered ballot paper within the meaning of section 60;unused ballot paper (未用的選票) means an unused ballot paper within the meaning of section 61;validly nominated candidate (獲有效提名的候選人)—(a) subject to paragraph (b), means a person whom the Eligibility Review Committee has decided under section 16 to be validly nominated; or(b) in case a declaration under section 24(2) or 25(2) is made, means a person who is stated to be validly nominated in the declaration; (19 of 2023 s. 113)verification of number of ballot papers (選票數目核實書) means a statement prepared under section 75 or 75A(d). (14 of 2021 s. 161)(L.N. 125 of 2003; L.N. 79 of 2007; L.N. 144 of 2019; 14 of 2021 s. 161; 19 of 2023 s. 113)(2) In this Regulation—(a) in Part 2, candidate (候選人) includes a person who is being or has been nominated as a candidate to stand for election as a member; and(b) in the definition of election advertisement and Part 7, candidate (候選人) includes a person who is a candidate within the meaning of paragraph (a) and a person who intends to stand for election as a member at an election, whether or not that person has submitted a nomination form under Part 2. (11 of 2012 s. 9; 19 of 2023 s. 113)(3) In this Regulation, unless it is provided otherwise—(a) (Repealed L.N. 125 of 2003 and L.N. 191 of 2003)(b) references to the Returning Officer are to be construed, in relation to a constituency, as references to the Returning Officer appointed for that constituency; (L.N. 125 of 2003 and L.N. 191 of 2003)(c) references to the counting station are to be construed as including the main counting station, dominant counting station and ballot paper sorting station; and (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009)(d) references to the polling station are to be construed as including the small polling station, special polling station and dedicated polling station. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009)(4) In this Regulation, any provision which entitles or permits a candidate, an election agent, a polling agent or a counting agent to do anything in a polling station, counting station, counting zone or in relation to the counting of the votes is to 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 constituency for which the candidate is standing for election or for which the agent is appointed, as the case may require.(E.R. 2 of 2012) 2A. Effect of inclement weather warning on date and period (1) 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 8(1) or 10(1) in respect of an election; and(ii) the date of publication of the result of the election under the District Councils Ordinance (Cap. 547) or the date of the declaration of the failure of the election under that Ordinance, as may be appropriate. (19 of 2023 s. 114) (2) If—(a) 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;(b) 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(c) 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.(3) If—(a) a period is prescribed in or fixed under this Regulation;(b) an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and(c) 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.(4) Subsections (2) and (3) are subject to Schedule 1.(12 of 2014 s. 9) 3. Application (1) Except where otherwise stated, this Regulation applies to an ordinary election and a by-election.(2) In their application to a by-election, Parts 3 and 4 are to be read subject to necessary modifications.(3) Schedule 1 applies to an ordinary election and a by-election.(E.R. 2 of 2012) Part 2 Stages of an Election before the Poll: Ordinary Election and By-elections Division 1 (Repealed 19 of 2023 s. 115) 4. (Repealed 19 of 2023 s. 115) 5. (Repealed 19 of 2023 s. 115) 6. (Repealed 19 of 2023 s. 115) 7. (Repealed 19 of 2023 s. 115) Division 2 Nominations 8. Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms (1) As soon as practicable after the publication of the notice appointing the election day for a constituency, the Chief Electoral Officer must publish in the Gazette, for the constituency, a notice which complies with subsection (2).(2) A notice under subsection (1) must state— (19 of 2023 s. 116)(a) the name of the constituency and the name of the relevant District; (19 of 2023 s. 116)(ab) the number of members to be returned for the constituency; (19 of 2023 s. 116)(b) the period within which nomination forms for the constituency are to be submitted to the Returning Officer;(c) the address at which nomination forms are to be submitted;(d) that nomination forms must be submitted during ordinary business hours;(e) the date on which the election for the constituency is to be held; and (f) that a poll will be held on the date referred to in paragraph (e) for the constituency, if the number of validly nominated candidates for election for the constituency exceeds the number of members to be returned for the constituency. (19 of 2023 s. 116)(19 of 2023 s. 116) 9. Chief Electoral Officer to determine nomination period (1) Subject to subsections (2) and (3), the nomination period for a constituency is to be determined by the Chief Electoral Officer. (19 of 2023 s. 117)(2) The nomination period must not begin earlier than the date on which the relevant election notice is published in the Gazette. The nomination period must not be less than 14 days or more than 21 days.(3) The nomination period must end not less than 28 days and not more than 42 days before the date on which the relevant election is to be held.(4) Despite subsections (2) and (3), the nomination period may be longer than 21 days and may end during the period of 28 days before the date on which the relevant election is to be held if the nomination period is extended under section 2A(3). (12 of 2014 s. 10) 10. Chief Electoral Officer to publish by-election notice if a by-election is to be held under section 33 of the District Councils Ordinance (1) Subject to section 33(2) of the District Councils Ordinance (Cap. 547), as soon as practicable after a declaration referred to in section 33(1) of that Ordinance is made, in order to hold a by-election for the purposes of that section 33(1), the Chief Electoral Officer must publish in the Gazette a notice in accordance with this section.(2) The by-election notice must state, in relation to each constituency for which the by-election is to be held— (19 of 2023 s. 118)(a) the name of the constituency and the name of the relevant District; and(b) the number of members to be returned for the constituency at the by-election.(3) The by-election notice must state the date on which the by-election is to be held for the constituency.(4) The by-election notice must also state that a poll will be held on the date referred to in subsection (3) if the number of validly nominated candidates for election for the constituency exceeds the number of members to be returned for the constituency at the by-election. (5) The by-election notice must also state—(a) the period within which nomination forms for the by-election are to be submitted to the Returning Officer;(b) the address at which nomination forms are to be submitted; and(c) that nomination forms must be submitted during ordinary business hours.(19 of 2023 s. 118) 11. Election notice to be in the specified form An election notice or a by-election notice must be in the specified form. 12. How to nominate a candidate for a constituency (1) A person is to be nominated as a candidate for a constituency by submitting to the Returning Officer a nomination form which complies with this section. (19 of 2023 s. 119)(2) The nomination form must be submitted in accordance with this section.(3) The nomination form must be in the specified form and subscribed in accordance with the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A).(4) The candidate must make the declaration required by section 34(1A)(c) of the District Councils Ordinance (Cap. 547) in the appropriate place on the nomination form. (19 of 2023 s. 119)(5) The nomination form must contain a declaration by the candidate to the effect that he or she—(a) is eligible to be nominated as a candidate for the constituency; (19 of 2023 s. 119)(b) is not disqualified from being so nominated; and(c) consents to being so nominated.(6) The nomination form—(a) must contain the name of the candidate as shown on the candidate’s identity document (being the identity document based on which the particulars of the candidate are recorded in the final register) and, if the Returning Officer is satisfied that the candidate is usually known by a name different from that shown on the candidate’s identity document, may include that different name of the candidate; and(b) must also contain the identity document number and address of the candidate. (L.N. 144 of 2019)(7) The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form.(8) The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 125 of 2003)(9) The nomination form must contain other particulars (if any) required to be furnished on that form.(10) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Eligibility Review Committee to be satisfied— (19 of 2023 s. 119)(a) that the candidate is eligible to be nominated as a candidate for a constituency; or(b) otherwise as to the validity of the nomination. (19 of 2023 s. 119)(11) Only one person can be nominated by one nomination form.(12) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address.(13) The nomination form must be submitted by the candidate in person or in any other manner authorized by the Chief Electoral Officer. 13. Returning Officer may assist in preparation of nomination forms The Returning Officer may, at the request of a person who proposes to be nominated as a candidate, give assistance in preparing a nomination form. 14. Returning Officer to make available copies of nomination forms for public inspection The Returning Officer must make available for inspection by the public, at the specified address, during ordinary business hours, a copy of each nomination form received by that Officer. A nomination form must be made so available as soon as practicable after it is received by the Returning Officer and until the relevant notice of election result is published under section 46 of the District Councils Ordinance (Cap. 547). 15. Returning Officer not to accept nomination form without deposit and to issue receipt for deposit (1) The Returning Officer may accept a nomination form only if it is accompanied by the appropriate deposit.(2) When the Returning Officer receives the appropriate deposit, that Officer must issue a receipt for the amount of the deposit.(3) In this section and section 16 appropriate deposit (適當的按金) means the amount of deposit to be lodged under the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A). 16. Eligibility Review Committee to decide whether candidates are validly nominated (19 of 2023 s. 120)(1) The Returning Officer must, as soon as practicable after receiving a nomination form, forward the form to the Eligibility Review Committee. (19 of 2023 s. 120)(1A) The 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. (19 of 2023 s. 120)(2) If sections 20, 21 and 34 of the District Councils Ordinance (Cap. 547) and section 12 are complied with, the candidate stands validly nominated unless—(a) the Eligibility Review Committee decides that the nomination form is invalid; or (19 of 2023 s. 120)(b) the candidate withdraws his or her candidature.(3) Without prejudice to sections 20, 21 and 34 of the District Councils Ordinance (Cap. 547), the Eligibility Review Committee may decide that a nomination form is invalid if and only if— (19 of 2023 s. 120)(a) the nomination form has not been signed by the prescribed number of subscribers qualified to subscribe to the nomination form under the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A);(b) the nomination form has not been completed or signed as required under this Regulation;(c) the Eligibility Review Committee is satisfied that the candidate is not eligible to be or is disqualified from being nominated as a candidate under the District Councils Ordinance (Cap. 547); (19 of 2023 s. 120)(d) the candidate has been nominated for another constituency in the same election, and the Eligibility Review Committee is satisfied that the other candidature has not been withdrawn; (19 of 2023 s. 120)(e) the candidate has not lodged the appropriate deposit; or(f) the Returning Officer is satisfied that the candidate is dead.(3A) In deciding whether a candidate is validly nominated for a constituency, the Eligibility Review Committee—(a) 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 (3B); and(b) may require the candidate to furnish any other information the Committee considers appropriate to be satisfied—(i) that the candidate is eligible to be nominated as a candidate for the constituency concerned; or(ii) otherwise as to the validity of the nomination. (19 of 2023 s. 120)(3B) The matters specified for subsection (3A)(a) are—(a) whether, in the opinion of the Returning Officer, section 12 is complied with in relation to the candidate;(b) subject to subsection (3C), whether, in the opinion of the Returning Officer, sections 20, 21 and 34 of the District Councils Ordinance (Cap. 547) are complied with in relation to the candidate;(c) whether, in the opinion of the Returning Officer, the nomination form of the candidate is valid;(d) whether the candidate has withdrawn candidature for that constituency;(e) whether the nomination form of the candidate has been signed by the prescribed number of subscribers qualified to subscribe to the nomination form under the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A);(f) whether the nomination form of the candidate has been completed or signed as required under this Regulation;(g) in the opinion of the Returning Officer—(i) whether the candidate is eligible to be nominated as a candidate under the District Councils Ordinance (Cap. 547); and(ii) whether the candidate is disqualified from being nominated as a candidate under that Ordinance;(h) whether the candidate has been nominated for another constituency in the same election and, if so, whether the other candidature has been withdrawn;(i) whether the candidate has lodged the appropriate deposit; and(j) whether, according to the information available to the Returning Officer, the candidate is dead. (19 of 2023 s. 120)(3C) For the purposes of subsection (3B)(b), the Returning Officer is not to advise the Eligibility Review Committee on whether a candidate has complied with section 34(1A)(c) of the District Councils Ordinance (Cap. 547). (19 of 2023 s. 120)(4) In this section prescribed number (訂明數目) means the number of subscribers required to subscribe to the nomination form under the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A).(5) In this section, a reference to section 20, 21 or 34 of the District Councils Ordinance (Cap. 547) being complied with in relation to a candidate for a constituency is to be construed as follows—(a) for section 20 of that Ordinance—that the candidate is eligible to be nominated as a candidate at an election for that constituency under that section;(b) for section 21 of that Ordinance—that the candidate is not disqualified from being nominated as a candidate at an election for that constituency under that section; and(c) for section 34 of that Ordinance—that the candidate has complied with that section. (19 of 2023 s. 120) 17. Returning Officer to have regard to advice of Nominations Advisory Committee In forming an opinion for the purposes of section 16(3A)(a) and (3B)(g) as to whether a person is eligible to be or is disqualified from being nominated as a candidate, the Returning Officer must have regard to— (19 of 2023 s. 121)(a) the advice given by a Nominations Advisory Committee on an application, if any, made by the Returning Officer regarding that person under the Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation (Cap. 541 sub. leg. E); or(b) the advice given by a Nominations Advisory Committee on an application, if any, made by that person to the Nominations Advisory Committee under that Regulation or, if advice has not been given, the result of the application. 18. Returning Officer may give opportunity to rectify a nomination form (1) If the Returning Officer detects on a nomination form—(a) an error or what appears to that Officer to be an error, or an omission, which may amount to a ground for deciding that the nomination form is invalid; or(b) anything which may affect the validity of the nomination form, and the Returning Officer considers that it can be rectified within the nomination period, that Officer may, before forming an opinion for the purposes of section 16(3A)(a) and (3B)(c) as to whether the nomination form is valid, give the candidate a reasonable opportunity to rectify it. (19 of 2023 s. 122)(2) A nomination form cannot be rectified under this section after the expiry of the nomination period. 19. Eligibility Review Committee to endorse invalid nomination forms and Returning Officer to notify candidates of decision as to validity of nomination (19 of 2023 s. 123)(1) If the Eligibility Review Committee decides that the nomination of a candidate is invalid, the Committee must endorse on the nomination form the decision and the reasons for it. (19 of 2023 s. 123)(2) The Eligibility Review Committee must sign an endorsement under subsection (1). (19 of 2023 s. 123)(2A) The Eligibility Review Committee must, after deciding whether a person is validly nominated—(a) inform the Returning Officer of the decision; and(b) return the nomination form to the Returning Officer for retention. (19 of 2023 s. 123)(3) The Returning Officer must send a notice of a decision of the Eligibility Review Committee that a person is validly nominated or is not validly nominated to the person concerned and each validly nominated candidate for the constituency concerned. (19 of 2023 s. 123)(3A) The Returning Officer must also send a notice of a decision of the Eligibility Review Committee that a person is not validly nominated to the Director of Home Affairs. (19 of 2023 s. 123)(4) A notice under subsection (3) must be sent to the address of the candidate as given on the nomination form. (L.N. 144 of 2019) 20. How a nominated candidate is to withdraw from candidature (1) A withdrawal of candidature for the purposes of section 35 of the District Councils Ordinance (Cap. 547) is to be effected by giving a notice of withdrawal to the Returning Officer in accordance with subsection (2).(2) The following applies to a notice of withdrawal—(a) the notice must be in the specified form;(b) the signature of the candidate on the notice must be attested by a witness;(c) the notice must be delivered to the Returning Officer by the candidate in person or the candidate’s election agent in person; and(d) the notice must be so delivered at the specified address. 21. No nomination for more than one constituency (1) A person cannot be nominated as a candidate in an election for more than one constituency.(2) A person who wishes to be nominated as a candidate in the same election for a constituency other than the constituency for which he or she has for the time being submitted a nomination form (first constituency) must, before he or she submits a nomination form for that other constituency, withdraw his or her candidature for the first constituency, in accordance with section 20, and declare in the nomination form for that other constituency that his or her candidature for the first constituency has been withdrawn. 22. Eligibility Review Committee to publish a notice of particulars of validly nominated candidates (19 of 2023 s. 125)(1) The Eligibility Review Committee must, within 14 days of the expiry of the nomination period, publish a notice in the Gazette which complies with this section. (19 of 2023 s. 125)(2) A notice referred to in subsection (1) must be published for all District Committees constituencies and District Council geographical constituencies. (19 of 2023 s. 125)(3) For the purposes of subsection (2)— (19 of 2023 s. 125)(a) separate notices may be published for each District Committees constituency and each District Council geographical constituency;(b) 1 notice may be published for all the District Committees constituencies and all the District Council geographical constituencies in 1 District; or(c) 1 notice may be published for all the District Committees constituencies and 1 notice may be published for all the District Council geographical constituencies. (19 of 2023 s. 125)(4) A notice published for a constituency must state—(a) the name and address of each validly nominated candidate for that constituency; and (L.N. 144 of 2019)(b) the number allocated to each candidate under section 52(4).(5) A notice under this section must be in the specified form.(6) (Repealed 19 of 2023 s. 125) 23. Returning Officer to publish a notice for the purposes of section 39(1) or (2)(a) of the District Councils Ordinance (19 of 2023 s. 126)(1) If, for a constituency, no more candidates have been validly nominated than the number of members to be returned for that constituency, the Returning Officer must, for the purposes of section 39(1) or (2)(a) of the District Councils Ordinance (Cap. 547), declare in a notice the candidate or candidates as being duly elected as a member or members for that constituency. (19 of 2023 s. 126)(2) A notice under subsection (1) must— (19 of 2023 s. 126)(a) be published in the Gazette within 14 days of the expiry of the nomination period;(b) state the name and address of the candidate declared to be duly elected as a member; and (L.N. 144 of 2019; 19 of 2023 s. 126)(c) be in the specified form. 24. Returning Officer to notify and declare if a validly nominated candidate is proved to have died (L.N. 79 of 2007)(1) If the death of a candidate is proved to the satisfaction of the Returning Officer before the election day for the constituency but after the Eligibility Review Committee has decided that the candidate is validly nominated, that Officer must notify the Chief Electoral Officer as soon as possible. (L.N. 79 of 2007; 19 of 2023 s. 127)(2) The Returning Officer must, as soon as practicable after the Eligibility Review Committee publishes a notice for the relevant constituency in accordance with section 22, declare that the candidate has died. That Officer must further declare which candidates are validly nominated for election for the relevant constituency. (19 of 2023 s. 127)(3) A declaration under subsection (2) must be made—(a) by notice published in the Gazette;(b) by notice published in any daily newspaper in circulation in Hong Kong;(c) by a public announcement made by radio or television; or(d) by such other means as the Returning Officer considers appropriate in the circumstances.(4) A notice under subsection (3)(a) or (b) must state—(a) the name and address of the deceased candidate;(b) the name of the constituency and the name of the relevant District; and(c) the name and address of each candidate that remains validly nominated for that constituency. (L.N. 144 of 2019)(5) A public announcement under subsection (3)(c) must state—(a) the name of the deceased candidate;(b) the name of the constituency and the name of the relevant District; and(c) the name of each candidate that remains validly nominated for that constituency.(6) The Returning Officer must endorse on the nomination form of the deceased candidate that the candidate has died. The Returning Officer must sign the endorsement.(7) The Returning Officer must, if practicable, send a notice of the declaration under subsection (2) to each of the candidates that remains validly nominated for the constituency concerned to replace the notice under section 19(3).(8)-(10) (Repealed 19 of 2023 s. 127) 25. Returning Officer to notify, and Eligibility Review Committee to declare, if a validly nominated candidate is proved to be disqualified (L.N. 79 of 2007; 19 of 2023 s. 128)(1) If the disqualification of a candidate is proved to the satisfaction of the Eligibility Review Committee before the election day for the constituency but after the Committee has decided that the candidate is validly nominated, the Returning Officer must notify the Chief Electoral Officer as soon as possible. (19 of 2023 s. 128)(2) The Eligibility Review Committee must, as soon as practicable after the Committee publishes a notice for the relevant constituency in accordance with section 22, declare that the Committee’s decision under section 16 is varied to the effect that the candidate is not validly nominated. The Committee must further declare which candidates are validly nominated for election for the relevant constituency. (19 of 2023 s. 128)(3) A declaration under subsection (2) must be made—(a) by notice published in the Gazette;(b) by notice published in any daily newspaper in circulation in Hong Kong;(c) by a public announcement made by radio or television; or(d) by such other means as the Eligibility Review Committee considers appropriate in the circumstances. (19 of 2023 s. 128)(4) A notice under subsection (3)(a) or (b) must state—(a) the name and address of the disqualified candidate;(b) the name of the constituency and the name of the relevant District;(c) that the decision of the Eligibility Review Committee under section 16 has been varied to the effect that the candidate is not validly nominated; and (19 of 2023 s. 128)(d) the name and address of each candidate that remains validly nominated for that constituency. (L.N. 144 of 2019)(5) A public announcement under subsection (3)(c) must state—(a) the name of the disqualified candidate;(b) the name of the constituency and the name of the relevant District; and(c) the name of each candidate that remains validly nominated for that constituency.(6) The Eligibility Review Committee must endorse on the nomination form of the disqualified candidate that the Committee’s decision under section 16 in relation to that candidate is varied and the reasons for it. The Committee must sign the endorsement. (19 of 2023 s. 128)(7) The Returning Officer must, if practicable, send a notice of the declaration under subsection (2) to the disqualified candidate and each of the candidates that remains validly nominated for the constituency concerned to replace the notice under section 19(3).(8)-(10) (Repealed 19 of 2023 s. 128) 25A. No poll upon death or disqualification of candidate under certain circumstances (1) If, after the death referred to in section 24(1) or the disqualification referred to in section 25(1)—(a) the number of candidates remaining validly nominated for election for the constituency concerned is equal to the number of members to be returned for that constituency;(b) the number of candidates remaining validly nominated for election for the constituency concerned is less than the number of members to be returned for that constituency (specified shortfall); or(c) no candidate remains validly nominated for election for the constituency concerned,the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that no poll is to be held for the constituency.(2) The Returning Officer must in the notice under section 24(3)(a) or 25(3)(a), if any, or in a separate notice—(a) for subsection (1)(a)—declare, for the purposes of section 39(1) of the District Councils Ordinance (Cap. 547), the remaining candidate or candidates as being duly elected as a member or members;(b) for subsection (1)(b)—declare, for the purposes of section 39(2) of the District Councils Ordinance (Cap. 547)—(i) the remaining candidate or candidates as being duly elected as a member or members; and(ii) the election to have failed to the extent of the specified shortfall;(c) for subsection (1)(c)—declare, for the purposes of section 39(3) of the District Councils Ordinance (Cap. 547), the election to have failed.(3) A separate notice containing a declaration under subsection (2)(a) or (b)(i) must—(a) be published in the Gazette as soon as practicable;(b) state the name and address of each candidate declared to be duly elected as a member; and(c) be in the specified form.(4) A separate notice containing a declaration under subsection (2)(b)(ii) or (c) must comply with section 97(1).(19 of 2023 s. 129) Division 3 Election Agents and Election Expense Agents 26. A candidate may appoint election agent (1) A candidate may appoint one person as his or her election agent.(2) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as an election agent.(3) A candidate must give notice of appointment of his or her election agent to the Returning Officer.(4) The appointment of an election agent is not effective until notice of the appointment is received by the Returning Officer.(5) A notice of appointment must be in writing and state the name, identity card number and residential address of the election agent. (12 of 2014 s. 58)(6) The notice must be signed by the candidate.(7) A candidate cannot have more than one election agent at any one time.(8) If the appointment of an election agent is revoked, the candidate must give notice of the revocation to the Returning Officer as soon as possible.(9) A notice of revocation must be in writing and be signed by the candidate.(10) The revocation of the appointment of an election agent is not effective until notice of revocation is received by the Returning Officer.(11) If at any time an election agent dies or the appointment of an election agent is revoked, the candidate may appoint a replacement.(12) The appointment of a replacement must be in accordance with the requirements of this section.(13) A notice of appointment or a notice of revocation under this section must be— (12 of 2014 s. 58)(a) in the specified form; and(b) delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of an appointment or a revocation of appointment made on polling day) by post. (12 of 2014 s. 58)(14) Subject to subsection (15), an election agent may do all things which a candidate may do under this Regulation in connection with an election. Any such act of the election agent is effective as if it had been done by the candidate in person. (12 of 2014 s. 77)(15) An election agent may not—(a) do anything a candidate is required to do under section 12;(b) withdraw a candidate’s candidature; (L.N. 131 of 2009)(c) authorize any person for the purposes of section 28; (L.N. 131 of 2009)(d) subject to paragraph (e), be 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 polling day, the Commissioner of Correctional Services consents to his or her presence; or (L.N. 131 of 2009; 12 of 2014 s. 58)(e) be present in a dedicated polling station situated in a maximum security prison. (L.N. 131 of 2009)(16) The Commissioner of Correctional Services must not give consent to an election agent under subsection (15)(d) in respect of a polling station if a polling agent has been appointed under section 45 by the same candidate for that polling station. (L.N. 131 of 2009)(17) Despite subsection (15)(d), the Commissioner of Correctional Services may, on an application made under that subsection during the week before polling day, give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 58)(a) an elector in custody who is entitled to vote for the relevant constituency at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and(b) the application is made without undue delay after the admission or transfer. (L.N. 131 of 2009; 12 of 2014 s. 58)(18) If the Commissioner of Correctional Services refuses to give consent under subsection (15)(d), the Commissioner must notify the candidate or the election agent as soon as practicable. (L.N. 131 of 2009) 27. Returning Officer to send to other candidates a notice of particulars of election agent (1) The Returning Officer must send to every candidate a notice containing the particulars of the election agents of the other candidates for the constituency concerned.(2) If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the candidates that Officer is required to send a notice under subsection (1).(3) The Returning Officer must send a notice under subsection (1) within 10 days of the expiry of the relevant nomination period.(4) If the appointment of the election agent is made after the notice period referred to in subsection (3), or if a replacement is appointed under section 26(11), the Returning Officer must send a notice of the particulars as soon as practicable after that Officer receives notice of the appointment or replacement, as the case may be. (12 of 2014 s. 11)(5) The Returning Officer must also display, in a prominent place outside that Officer’s office, a notice of the particulars of the election agents.(6) A notice under this section must be in the specified form.(7) A notice required to be sent to a candidate under subsection (1) may be sent to the election agent instead of the candidate. 28. A candidate may authorize persons to incur election expenses on the candidate’s behalf (1) A candidate may authorize one or more persons to incur election expenses on his or her behalf.(2) Only a person who has attained the age of 18 years may be authorized as an election expense agent.(3) An authorization under this section must be in writing and in the specified form, and must state the name, identity document number and residential address of the person authorized. (L.N. 79 of 2007)(4) An authorization must state the maximum amount the person authorized may incur as election expenses.(5) An authorization must be signed by the candidate. An authorization must also be signed by the person authorized.(6) A copy of the authorization must be served—(a) on the Returning Officer; or(b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 79 of 2007)(7) A copy of the authorization may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 59)(7A) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard an authorization of an election expense agent to incur election expenses at or in connection with an election as being effective, for any purpose related to the election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer. (L.N. 79 of 2007)(8)-(10) (Repealed L.N.

79 of 2007)(11) If the authorization of an election expense agent is revoked, the candidate must give notice of the revocation—(a) to the Returning Officer; or(b) if the Returning Officer has not been appointed, to the Chief Electoral Officer, as soon as possible.(12) A notice of revocation must be in writing and in the specified form, and must be signed by the candidate. (L.N. 79 of 2007)(12A) The notice of revocation may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 59)(13) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard a revocation of the authorization of an election expense agent as being effective, for any purpose related to an election for which a revocation is relevant, only when the notice of revocation has been served on the relevant Officer. (L.N. 74 of 2011)(14)-(15) (Repealed L.N. 79 of 2007) 29. Returning Officer to make available copies of authorization of election expense agents for public inspection The Returning Officer must make available for public inspection a copy of each copy of an authorization received by that Officer under section 28. A copy must be made available for public inspection as soon as practicable after that Officer receives the copy of the authorization and until the end of the period for 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).(10 of 2000 s. 47) Part 3 Contested Elections: Ordinary Election and By-elections Division 1 Hours of Poll and Matters Relating to Polling Stations 30. Appointment and notification of polling hours (L.N. 131 of 2009)(1) Subject to subsections (2A) and (2B), the hours during which electors can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (L.N. 131 of 2009)(2) The Chief Electoral Officer may appoint different polling hours for different constituencies or for different polling stations.(2A) 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 33. (L.N. 131 of 2009)(2B) Subject to section 56A, an elector to whom a time slot is assigned under subsection (2A) may only cast his or her vote during the time slot. (L.N. 131 of 2009)(3) The Chief Electoral Officer must appoint the polling hours so as to give the electors a reasonable opportunity to vote.(3A) The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 131 of 2009)(4) The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette a notice specifying the polling hours for each constituency and, if appropriate, for each polling station.(5) The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all electors to whom time slots are assigned under subsection (2A) of the time slot assigned to each of them. (L.N. 131 of 2009) 31. Designation of polling stations, counting stations and ballot paper sorting stations (L.N. 131 of 2009)(1) The Chief Electoral Officer must designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 131 of 2009; 12 of 2014 s. 100)(a) one or more places as a polling station or polling stations for conducting a poll in respect of an election;(b) one or more places as a counting station or counting stations for counting of the votes; and(c) one or more places as a ballot paper sorting station or ballot paper sorting stations for sorting ballot papers received from dedicated polling stations in an ordinary election or, where the Chief Electoral Officer considers appropriate, a by-election. (L.N. 131 of 2009; L.N. 197 of 2009)(1A) The Chief Electoral Officer may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 125 of 2003)(1B) If in relation to a constituency, 2 or more counting stations, which are also polling stations, have been designated, the Chief Electoral Officer must designate the polling station at which the largest number of electors are to vote as the dominant counting station for that constituency. (L.N. 125 of 2003)(1C) The Chief Electoral Officer must, in relation to a District Council geographical constituency, designate each polling station (other than a special polling station) at which less than 200 electors are to vote as a small polling station. (L.N. 125 of 2003 and L.N. 191 of 2003; 19 of 2023 s. 130)(1CA) Without affecting subsection (1C), the Chief Electoral Officer must, in relation to a constituency, designate one or more places as a dedicated polling station or dedicated polling stations at which electors in custody are allocated to vote. (L.N. 131 of 2009; 19 of 2023 s. 130)(1D) If in relation to a constituency, 2 or more polling stations have been designated and at least one of them is a small polling station, a special polling station or a dedicated polling station, the Chief Electoral Officer must designate a polling station (other than a small polling station, a special polling station or a dedicated polling station) as a main counting station for the purpose of counting the votes cast at the polling station and the small polling station, the small polling stations, the special polling station, the special polling stations, the dedicated polling station or the dedicated polling stations, as may be appropriate. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009)(1E) The Chief Electoral Officer may, in relation to a District Council geographical constituency, designate a polling station as a main counting station in respect of the small polling station only if the aggregate of the electors to vote at the polling station to be so designated and the electors to vote at the small polling station is not less than 200. (L.N. 125 of 2003 and L.N. 191 of 2003; 19 of 2023 s. 130)(2) The Chief Electoral Officer may designate under subsection (1)—(a) premises occupied by a Government department for official purposes (Government building);(b) a structure, place or premises hired under subsection (3) or which is to be so hired;(c) any school in respect of which a grant is made out of the general revenue;(d) a building occupied by an organization, association or body in respect of which a grant is made out of the general revenue; or(e) any other structure, premises, whether permanent or temporary, mobile or otherwise, or place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1).(3) The Chief Electoral Officer may hire any structure, place or premises or a part of a structure, place or premises to designate as a polling station or a counting station.(4) The Chief Electoral Officer may designate a place described in subsection (2) in addition to or in substitution of a place designated under this section as a polling station or a counting station. The Chief Electoral Officer must publish notice of such designation. The notice may be published in a manner that Officer thinks fit.(5) The Chief Electoral Officer must ensure that there are sufficient polling stations and counting stations to enable polling and counting of the votes to take place smoothly and efficiently.(6) The Chief Electoral Officer must make available, at that Officer’s office, for public inspection, a list of the polling stations and counting stations. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009)(7) The Chief Electoral Officer must, in the case of a polling station or a counting station which is not a Government building—(a) make good any damage caused; and(b) defray any expenses incurred by any person having control over the structure, place or premises, due to their having been used as a polling station or a counting station.(8) The Chief Electoral Officer may take such steps as that Officer considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any structure, place or premises as a polling station or a counting station.(9) (Repealed L.N. 125 of 2003) 31A. Chief Electoral Officer may require certain premises for use as polling stations or counting stations (1) For the purposes of section 31(1)(a), (b) or (c), the Chief Electoral Officer may, by written notice, require an owner or occupier of any target premises to—(a) allow an authorized person to carry out a site visit at the premises for enabling the Officer to determine whether the premises are suitable for use as a polling station or counting station in an election; and(b) if the Officer considers the premises suitable—take the steps specified in subsection (2).(2) The steps specified for the purposes of subsection (1)(b) are—(a) to make available the premises for use as a polling station or counting station in the election; and(b) to allow an authorized person to carry out preparatory work and store materials at the premises for a purpose relating to such use.(3) If any target premises are used as a polling station or counting station as a result of a person’s compliance with a requirement made under subsection (1), the Chief Electoral Officer must pay to the person a user fee for the period during which the premises are so used.(4) The amount of the user fee payable under subsection (3) is to be—(a) agreed between the person and the Chief Electoral Officer; or(b) if no agreement can be reached—determined by the court by reference to the loss suffered by the person for making available the premises.(5) A user fee payable under subsection (3) is to be paid out of the general revenue.(6) 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.(7) In this section—authorized person (獲授權人) means a person authorized in writing by the Chief Electoral Officer for the purposes of this section;occupier (佔用人), in relation to any target premises—(a) means a tenant, subtenant or any other person in lawful occupation of the premises; but(b) does not include an owner of the premises;owner (業主), in relation to any target premises, means—(a) a person who appears from the records at the Land Registry to be the owner of—(i) the land on which the premises are situated; or(ii) if the land is divided into shares—an undivided share in the land that relates to the premises; and(b) a registered mortgagee in possession of such land or share;target premises (目標處所) means a school or building described in section 31(2)(c) or (d) or any part of it.(14 of 2021 s. 162) 32. Chief Electoral Officer to designate some polling stations as special polling stations (1) If the polling station or polling stations designated by the Chief Electoral Officer for a constituency would be difficult of access for persons with a disability, the Chief Electoral Officer must designate one or more polling stations as special polling station or stations to be used for voting by them. (12 of 2014 s. 101)(2) Only a polling station which is, in the opinion of the Chief Electoral Officer, suitable for use by persons referred to in subsection (1) may be designated as a special polling station.(2A) The Chief Electoral Officer may, for the purposes of subsection (1), designate as a special polling station any place which has been designated as a polling station under section 31. (L.N. 79 of 2007)(3) In a notice published under section 31(1), the Chief Electoral Officer must indicate—(a) the special polling stations (if any); and(b) the constituency or constituencies for which a particular special polling station is designated. (12 of 2014 s. 101)(4) (Repealed 12 of 2014 s. 101) 33. Chief Electoral Officer to assign polling stations for constituencies and to allocate polling stations to electors (1) The Chief Electoral Officer may assign, for each constituency, one or more polling stations for conducting the poll for that constituency.(2) The Chief Electoral Officer— (19 of 2023 s. 131)(a) must allocate to each elector a polling station to cast the vote he or she is entitled to cast at an election; and(b) if an elector is entitled to cast more than one vote at an election—may allocate to the elector one polling station or more than one polling station to cast the person’s votes. (19 of 2023 s. 131)(3) Under subsection (2), for the purposes of an election, the Chief Electoral Officer— (L.N. 131 of 2009)(a) subject to paragraph (b), must allocate to an elector for a District Council geographical constituency a polling station that is, as far as practicable, close to his or her registered residential address; and (19 of 2023 s. 131)(b) may allocate to an elector who will be serving a sentence of imprisonment on the polling day a dedicated polling station. (L.N. 131 of 2009)(4) The Chief Electoral Officer may, if the circumstances require, allocate to an elector an alternative polling station, in addition to or in substitution of the polling station allocated under subsection (2), to cast the vote he or she is entitled to cast at the election.(5) 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—(a) the name of the person;(b) the number of the person’s identity document;(c) the prisoner registration number allocated by the Commissioner of Correctional Services to the person for identification purposes;(d) the name and address of the premises in which the person is detained. (L.N. 74 of 2011)(6) 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—(a) the name of the person;(b) the number of the person’s identity document;(c) the name and address of the premises in which the person is detained. (L.N. 74 of 2011) 34. Chief Electoral Officer to send poll cards to electors (1) For every contested election, at least 10 days before polling day, the Chief Electoral Officer must send a poll card to each elector.(2) A poll card need not be sent to an elector if—(a) the Chief Electoral Officer is satisfied, having regard to information received from the Registrar of Births and Deaths, that the elector is dead; or(b) the Chief Electoral Officer is satisfied that the elector’s address as recorded in the final register—(i) does not exist;(ii) refers to a building that has been demolished; or(iii) refers to a building that is not built at the time poll cards are to be sent.(2A) A poll card 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. 131 of 2009)(2B) If an elector is entitled to cast more than one vote at an election, the Chief Electoral Officer may send separate poll cards for each vote or send one poll card for all the votes. (19 of 2023 s. 132)(3) The Chief Electoral Officer must state in the poll card or each poll card the polling station or stations at which the elector must cast his or her vote or votes. (19 of 2023 s. 132)(4) Where an alternative polling station is allocated to an elector under section 33(4), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the elector;(b) the Returning Officer;(c) the Presiding Officer of the polling station previously allocated to the elector; and(d) the Presiding Officer of the alternative polling station. 35. Chief Electoral Officer may allocate special polling stations (1) An elector, who claims to be a person with a disability and that access to the polling station which is allocated to him or her under section 33(2) is difficult for him or her due to the disability, may apply to the Chief Electoral Officer to vote at the special polling station designated for the constituency for which he or she is entitled to vote.(2) An application under subsection (1) must be made at least 5 days before polling day.(3) On receiving an application under subsection (1), the Chief Electoral Officer must, if satisfied that the application is well founded, allocate to the elector an appropriate special polling station to cast the vote he or she is entitled to cast at the election to which the application relates.(4) The Chief Electoral Officer must inform the applicant in a manner that Officer considers appropriate, the result of the application, as soon as practicable.(5) When the Chief Electoral Officer allocates a special polling station to an elector, that Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the Returning Officer;(b) the Presiding Officer of the special polling station; and(c) the Presiding Officer of the polling station previously allocated to the elector, of the name, identity document number and registered residential address of that elector.(6) The Chief Electoral Officer must notify the persons referred to in subsection (5) of the constituency or constituencies for which the elector is entitled to vote. (19 of 2023 s. 133)(7) The Chief Electoral Officer may, if the circumstances require, allocate to an elector an alternative special polling station, in addition to or in substitution of the special polling station allocated under subsection (3), to cast the vote he or she is entitled to cast at the election.(8) Where an alternative special polling station is allocated to an elector under subsection (7), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the elector;(b) the persons referred to in subsection (5); and(c) the Presiding Officer of the alternative special polling station. 36. Persons to vote at the correct polling station (1) Subject to subsection (2), a person may only vote at the polling station or stations allocated to him or her under section 33. (19 of 2023 s. 134)(2) A person who is allocated a special polling station under section 35 may only vote at the special polling station so allocated. 37. Chief Electoral Officer to appoint or remove Presiding Officer, etc. for each polling station (L.N. 79 of 2007; L.N. 74 of 2011)(1) The Chief Electoral Officer must appoint a person to preside at each polling station.(2) The Chief Electoral Officer may appoint persons that Officer considers suitable, as polling officers, to assist the Presiding Officer in the conduct of a poll.(3) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer. (L.N. 79 of 2007)(4) Where the same place is designated as both a polling station and a counting station under section 31(1A), the Presiding Officer of the polling station is to be regarded as the Presiding Officer of the counting station. (L.N. 131 of 2009) 38. Chief Electoral Officer to supply candidates with copy or extract of final register (1A) The Chief Electoral Officer must supply to each candidate for a District Committees constituency a copy or extract of the part of the District Committees constituencies register relating to the constituency for which that candidate is nominated. (19 of 2023 s. 135)(1) The Chief Electoral Officer must supply to each candidate for a District Council geographical constituency a copy or extract of the part of the geographical constituencies final register relating to the constituency for which that candidate is nominated. (19 of 2023 s. 135)(2) A copy or extract for the purposes of this section must be supplied to a candidate as soon as practicable after the relevant nomination form is submitted to the Returning Officer.(3) (Repealed 19 of 2023 s. 135)(4) A copy or extract under this section may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (19 of 2023 s. 135)(5) The form in which a copy or extract is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(6) A copy or extract for the purposes of this section may be supplied to the election agent of a candidate instead of the candidate to whom it is required to be supplied. 39. Chief Electoral Officer to supply Returning Officer with copy or extract of final register (1A) The Chief Electoral Officer must supply to the Returning Officer for a District Committees constituency a copy or extract of the part of the District Committees constituencies register relating to the constituency for which the Returning Officer is appointed. (19 of 2023 s. 136)(1) The Chief Electoral Officer must supply to the Returning Officer for a District Council geographical constituency a copy or extract of the part of the geographical constituencies final register relating to the constituency for which the Returning Officer is appointed. (19 of 2023 s. 136)(2) A copy or extract for the purposes of this section must be supplied after the relevant notice of nominations is published.(3) (Repealed 19 of 2023 s. 136)(4) A copy or extract under this section may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (19 of 2023 s. 136)(5) The form in which a copy or extract is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer. 40. Chief Electoral Officer to carry out other duties relating to polling stations (1) The Chief Electoral Officer must provide at each polling station sufficient compartments as that Officer considers necessary to enable electors to vote, screened from observation.(2) The Chief Electoral Officer must supply to each Presiding Officer the number of ballot papers the Chief Electoral Officer considers necessary for the constituency for which the polling station is to be used for polling. The Chief Electoral Officer must ensure that the name of any deceased or disqualified candidate regarding whom a declaration under section 24(2) or 25(2) is made, and other information relating to that candidate, if printed on the ballot papers, are crossed out. (1 of 2019 s. 35; 19 of 2023 s. 137)(3) The Chief Electoral Officer must also supply to the Presiding Officer a copy or extract of the appropriate part of the final register. (19 of 2023 s. 137)(4) (Repealed 19 of 2023 s. 137)(5) A copy or extract under subsection (3) may contain additional particulars or information the Chief Electoral Officer thinks fit to include. (19 of 2023 s. 137)(6) The form in which a copy or extract is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(7) The Chief Electoral Officer must provide at each polling station— (19 of 2023 s. 137)(a) materials; and(b) if the polling station is assigned for conducting the poll for a District Council geographical constituency or for conducting a poll for a by-election for the District Committees constituency in relation to which the Commission has made a direction under section 57A(2)—chops bearing the mark “✓”, with or without any design,that are necessary to enable electors to mark the ballot papers. (19 of 2023 s. 137)(8) The Chief Electoral Officer may do other acts and things as that Officer considers necessary for holding the poll effectively. 40A. Presiding Officer to display notice relating to deceased or disqualified candidates (1) This section applies if—(a) the name of, and other information relating to, a candidate (applicable candidate) on a ballot paper are crossed out under section 40(2); and(b) the ballot paper is used for polling at a polling station.(2) The Presiding Officer of the polling station must ensure that a notice specified in subsection (3) is displayed in a prominent place—(a) if the polling station is not a dedicated polling station—outside the polling station; or(b) if the polling station is a dedicated polling station—inside the polling station.(3) The notice must state that—(a) the applicable candidate is—(i) a deceased candidate regarding whom a declaration referred to in section 24(3) has been made; or(ii) a disqualified candidate regarding whom a declaration referred to in section 25(3) has been made; and(b) the name of, and other information relating to, the applicable candidate on the ballot paper are crossed out under section 40(2).(1 of 2019 s. 36) 41. Chief Electoral Officer to supply list of polling officers to assist Presiding Officer (1) The Chief Electoral Officer must supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which that Presiding Officer is appointed.(2) The Chief Electoral Officer must supply to the Returning Officer for a constituency a list of the polling officers appointed for the polling stations at which polling for that constituency is to take place.(3) The Presiding Officer must display the list referred to in subsection (1) in a prominent place— (L.N. 74 of 2011)(a) (if the polling station for which the Officer is appointed is not a dedicated polling station) outside the polling station; or(b) (if the polling station for which the Officer is appointed is a dedicated polling station) inside the polling station. (L.N. 74 of 2011) 42. Presiding Officer to exhibit at polling station notice providing information for the guidance of electors (1) The Presiding Officer of a polling station must ensure that a notice providing information for the guidance of electors in voting procedure is— (L.N. 131 of 2009)(a) exhibited—(i) if the polling station is not a dedicated polling station, outside the polling station; or(ii) if the polling station is a dedicated polling station, inside the polling station; and(b) exhibited inside every voting compartment of the polling station.(1A) The Presiding Officer of a small polling station or a special polling station must ensure that, before the commencement of the poll, a notice providing information of the main counting station designated for counting the votes cast at the polling station is exhibited outside the polling station. (L.N. 79 of 2007)(1B) The Presiding Officer of a dedicated polling station must ensure that, before the commencement of the poll, there is exhibited inside the polling station a notice providing—(a) information of the ballot paper sorting station, if any, designated for sorting the ballot papers received from the polling station; and(b) information of the main counting station designated for counting the votes cast at the polling station. (L.N. 131 of 2009)(2) A notice under subsection (1) must be in the specified form.(L.N. 131 of 2009) 43. Returning Officer to determine no canvassing zones and no staying zones (1) The Returning Officer for a constituency must determine an area outside each polling station used for polling for that constituency as a no canvassing zone and an area within that area as a no staying zone. A no canvassing zone and a no staying zone are to be determined with reference to a map or plan.(2) If the polling station is to be used for only one constituency, the Returning Officer for the constituency must give notice to the candidates for that constituency.(3) If a polling station is to be used for polling for more than one constituency, the determination of the no canvassing zone and the no staying zone is to be made by the Returning Officer specified for the purpose by the Chief Electoral Officer. The Returning Officer who makes the determination must give notice to—(a) the candidates for the constituency for which that Officer is appointed; and(b) the Returning Officers for the other constituencies.(4) Notice under subsection (2) or (3) must be given at least 7 days before polling day.(5) A Returning Officer who is given notice under subsection (3) must give notice to the candidates for the constituency for which that Officer is appointed, as soon as practicable after that Officer receives the notice.(6) A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both those areas in accordance with this section. Subject to subsection (10), notice of a variation must be given as soon as practicable after the variation in the same manner as notice of a no canvassing zone or a no staying zone is given under subsection (2) or (3).(7) On polling day, the Returning Officer who has determined the no canvassing zone or the no staying zone (or subsequently varied it, if applicable) must display at or near the polling station a notice of the no canvassing zone and the no staying zone. That Officer must also indicate the boundaries of those zones in a manner that Officer thinks fit.(8) If after display under subsection (7), either or both of those areas are varied, the Returning Officer must display at or near the polling station a notice of the no canvassing zone or the no staying zone or both those zones, if appropriate, as varied.(8A) A Returning Officer may perform any act which that Officer is required or authorized to perform under subsections (6), (7) and (8) through a Presiding Officer. (L.N. 79 of 2007)(9) A determination of a no canvassing zone or a no staying zone or the variation of such an area becomes effective only on the display of a notice under subsection (7) or (8), as may be applicable.(10) A notice of a variation under subsection (8) need not be given to the candidates if it is not reasonably practicable to do so before the close of the poll. Notice may be given to the election agent or polling agent of a candidate if present at the polling station.(11) A notice required to be given to a candidate under this section may be given to the election agent or polling agent of the candidate instead of the candidate.(12) For the purposes of this section notice (通知、公告) means a notice of the determination of the no canvassing zone and the no staying zone with a map or plan or separate maps or plans showing those zones in relation to the relevant polling station.(13) On polling day, a person must not—(a) subject to subsection (14), engage in canvassing votes in a no canvassing zone;(b) subject to subsection (13A), use a sound amplifying system or device for any purpose in the no canvassing zone; (L.N. 74 of 2011)(c) use a sound amplifying system or device, for canvassing votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 125 of 2003)(ca) conduct any activity for canvassing votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 125 of 2003; L.N. 79 of 2007)(cb) subject to subsection (15), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which—(i) may promote or prejudice the election of a candidate or candidates at the election; or(ii) makes direct reference to—(A) a body any member of which is standing as a candidate in the election; or(B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 79 of 2007)(d) stay or loiter in the no staying zone without the express permission of the Presiding Officer.(13A) 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. 74 of 2011)(14) A person may, on polling day, canvass from door to door, without obstructing any person, on the storeys above or below street level, in a building within the no canvassing zone, which—(a) the person is allowed to enter for the purpose of canvassing votes; and(b) has no polling station inside it. (L.N. 125 of 2003)(15) A person may, for the purpose of canvassing votes as described in subsection (14), display or wear any badge, emblem, clothing or head-dress referred to in subsection (13)(cb). (L.N. 125 of 2003) 44. Presiding Officer to keep order in no canvassing zone and no staying zone (1) The Presiding Officer must use that Officer’s best endeavours to ensure that a person does not, on polling day—(a) engage in the canvassing of votes in the no canvassing zone (except as provided in section 43(14));(b) subject to subsection (1C), use a sound amplifying system or device in the no canvassing zone; (L.N. 74 of 2011)(c) use a sound amplifying system or device, for canvassing votes, so that the sound emitted by it can be heard in the no canvassing zone; (L.N. 125 of 2003)(ca) conduct any activity for canvassing votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 125 of 2003; L.N. 79 of 2007)(cb) subject to subsection (1B), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which—(i) may promote or prejudice the election of a candidate or candidates at the election; or(ii) makes direct reference to—(A) a body any member of which is standing as a candidate in the election; or(B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 79 of 2007)(d) stay or loiter in the no staying zone (except where the person has been expressly permitted to do so by the Presiding Officer).(1A) A person may, on polling day, canvass from door to door, without obstructing any person, on the storeys above or below street level, in a building within the no canvassing zone, which—(a) the person is allowed to enter for the purpose of canvassing votes; and(b) has no polling station inside it. (L.N. 125 of 2003)(1B) A person may, for the purpose of canvassing votes as described in subsection (1A), display or wear any badge, emblem, clothing or head-dress referred to in subsection (1)(cb). (L.N. 125 of 2003)(1C) 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. 74 of 2011)(2) If, on polling day, in a no canvassing zone or a no staying zone, a person—(a) misconducts himself or herself, the Returning Officer or the Presiding Officer may;(b) fails to obey a lawful order of the Returning Officer, that Officer may; or(c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the no canvassing zone or the no staying zone, as the case may be, immediately.(3) If a person fails to leave when ordered to do so under subsection (2), the person may be removed by— (L.N. 131 of 2009)(a) a police officer;(b) a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or(c) 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. 131 of 2009)(4) A person who is removed under subsection (3) may not enter the relevant zone again on that day, unless the Returning Officer or the Presiding Officer, as the case may be, permits him or her to do so. (L.N. 79 of 2007)(5) The powers conferred by this section are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. 45. Candidates may appoint polling agents (1) A candidate may appoint persons to attend at polling stations on his or her behalf for any purpose connected with the conduct of a poll, in accordance with this section.(2) Polling agents may be appointed to attend only at the polling stations used for polling for the constituency for which the candidate is standing for election.(3) A candidate may appoint a maximum of 2 polling agents for one polling station.(4) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as a polling agent.(5) A candidate must give notice of appointment of a polling agent to the Returning Officer at least 7 days before polling day. (L.N. 125 of 2003)(5A) Despite subsections (1), (3) and (5)—(a) subject to paragraphs (b) and (c), only one polling agent may be appointed by a candidate for a dedicated polling station situated in a prison;(b) 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 26(15)(d) to the presence of the election agent of that candidate in that polling station;(c) no polling agent may be appointed for a dedicated polling station situated in a maximum security prison; and(d) the appointment of a polling agent for a dedicated polling station situated in a prison is not effective unless— (12 of 2014 s. 44)(i) a notice of appointment is given to the Chief Electoral Officer at least 7 days before polling day; and (ii) the Commissioner of Correctional Services consents to the appointment. (L.N. 131 of 2009; 12 of 2014 s. 44)(5B) Despite subsection (5A)(d), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 44)(a) an elector in custody who is entitled to vote for the relevant constituency at the polling station concerned is admitted or transferred to the prison concerned during that week; and(b) the notice of appointment is given without undue delay after the admission or transfer. (L.N. 131 of 2009; 12 of 2014 s. 44)(5C) If the Commissioner of Correctional Services refuses to give consent under subsection (5A)(d), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 131 of 2009)(5D) A notice of appointment given under subsection (5) or (5A)(d) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 44)(6) A notice appointing a polling agent for a polling station other than a dedicated polling station situated in a prison must, if it is not given under subsection (5), be delivered on the polling day to the Presiding Officer of the polling station— (L.N. 131 of 2009)(a) by the candidate in person; or(b) by the election agent of the candidate, in person.(7) Subject to subsection (5A)(d), the appointment of a polling agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (12 of 2014 s. 44)(8) A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and residential address of the polling agent. It must be signed by the candidate. (12 of 2014 s. 44)(9) If the appointment of a polling agent is revoked, the candidate must give notice of the revocation to the Returning Officer or the Presiding Officer of the polling station in accordance with subsection (11) or (11A). (12 of 2014 s. 44)(10) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate. (12 of 2014 s. 44)(11) 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. (L.N. 74 of 2011; 12 of 2014 s. 44)(11A) If the notice of revocation is given on the polling day—(a) (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—(i) by the candidate in person; or(ii) by the election agent of the candidate, in person; or (12 of 2014 s. 44)(b) (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 Returning Officer by hand, by electronic mail or by facsimile transmission. (12 of 2014 s. 44)(12) The revocation of the appointment of a polling agent is not effective until notice of revocation is received by the Returning Officer or the Presiding Officer, as the case may be. 46. Chief Electoral Officer to delineate polling stations on a map and display map (L.N. 131 of 2009)(1) The Chief Electoral Officer must delineate each polling station on one or more maps or plans. (L.N. 131 of 2009)(1A) The Chief Electoral Officer must display a map or plan referred to in subsection (1)—(a) subject to paragraph (b), outside the polling station concerned; and(b) if the map or plan is prepared for a dedicated polling station, inside the polling station. (L.N. 131 of 2009)(2) The Presiding Officer must demarcate clearly by marks, barriers or other means as that Officer thinks fit, the polling station in accordance with the map or plan referred to in subsection (1).(3) The Chief Electoral Officer and the Presiding Officer must carry out their functions under this section before the poll commences. 47. Who may enter or be present at a polling station (1) Except where it is provided otherwise in this Regulation, a person must not enter a polling station other than to vote.(2) Subject to subsections (4) and (5), in order to ensure that polling takes place smoothly and efficiently, the Presiding Officer may—(a) regulate the number of electors, candidates, election agents and polling agents to be admitted to the polling station at any one time; or(b) exclude any person from the polling station.(3) Without limiting subsection (2), the Presiding Officer may exclude from the polling station any person who is present in contravention of this section.(4) The Presiding Officer may not exclude from the polling station—(a) a polling officer;(b) the Returning Officer or Assistant Returning Officers for the constituency or constituencies for which the polling station is used;(c) members of the Commission;(d) the Chief Electoral Officer;(e) police officers and members of the Civil Aid Service on duty at the polling station; (L.N. 125 of 2003)(f) public officers authorized in writing by the Chief Electoral Officer; (L.N. 125 of 2003)(g) persons authorized in writing by a member of the Commission; (L.N. 125 of 2003; L.N. 79 of 2007)(h) a person authorized in writing by the Returning Officer to act as a liaison officer; (L.N. 125 of 2003; L.N. 79 of 2007; 14 of 2021 s. 163)(i) public officers on duty at the polling station; or (L.N. 79 of 2007; 14 of 2021 s. 163)(j) an individual who provides the assistance mentioned in section 112(2)(c) pursuant to an authorization under that section. (14 of 2021 s. 163)(5) A person authorized by the Commission to be present in a polling station may be present in accordance with the terms of the authorization.(6) Subject to subsections (7), (8), (9), (10), (11) and (12), on behalf of each candidate, one polling agent of that candidate may be present in the polling station at any one time.(6A) Subsection (6) does not apply to a dedicated polling station situated in a maximum security prison. (L.N. 131 of 2009)(7) If a candidate is present in the polling station, the election agent or polling agent of that candidate may not be present in that polling station at the same time.(8) If the election agent of a candidate is present in the polling station, a polling agent of that candidate may not be present in that polling station at the same time.(9) A candidate, an election agent or polling agent may be present in the polling station subject to the availability of seats in the area designated to accommodate them.(10) A person referred to in subsection (9) who wishes to be admitted to the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her.(11) If the area referred to in subsection (9) is occupied to its full seating capacity, the Presiding Officer may refuse entry to the polling station to any person referred to in that subsection. That Officer may make arrangements for admitting them to the polling station later.(12) Only an election agent or polling agent regarding whom notice of appointment has been given under this Regulation may be present at a polling station on behalf of a candidate.(13) If a person who is accompanied by a child arrives at a polling station for the purpose of voting, the Presiding Officer may permit the child to enter the polling station if that Officer considers that—(a) the child should not be left unattended while the person is in the polling station; and(b) the child will not disturb or cause inconvenience to any person in the polling station. (L.N. 79 of 2007)(14) The Presiding Officer must not exercise the powers conferred on that Officer under this section so as to prevent a person from voting at the polling station allocated to that person. 48. What constitutes an offence at a polling station (1) Subject to subsection (6), if on polling day, within a polling station, a person—(a) communicates with an elector; or(b) uses a mobile telephone, paging machine or any other device for electronic communication, contrary to a direction of the Returning Officer, Assistant Returning Officer, Presiding Officer or any polling officer not to do so, that person commits an offence. (L.N. 125 of 2003; L.N. 79 of 2007; L.N. 74 of 2011)(2) A person who, on polling day, films or takes photographs or makes any audio or video recording within a polling station without the express permission of—(a) the Presiding Officer;(b) the Returning Officer for the constituency or constituencies for which the polling station is used; or(c) any member of the Commission, commits an offence.(3) A person who, on polling day, engages in the canvassing of votes or displays an election advertisement within a polling station commits an offence.(4) A person who, on polling day, fails to comply with a lawful order given by the Returning Officer or the Presiding Officer or behaves in a disorderly manner in a no canvassing zone or a no staying zone or within or at a polling station or contravenes section 43(13) or 44(4), commits an offence.(5) A person who, on polling day, displays or wears in the no canvassing zone, without reasonable excuse (except as provided in section 43(15)), any badge, emblem, clothing or head-dress which—(a) may promote or prejudice the election of a candidate or candidates at the election; or(b) makes direct reference to—(i) a body any member of which is standing as a candidate in the election; or(ii) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election, (L.N. 79 of 2007) commits an offence. (L.N. 125 of 2003)(6) Subsection (1) does not apply to—(a) a Returning Officer and an Assistant Returning Officer for the constituency or constituencies for which the polling station is used; (L.N.

125 of 2003)(b) a member of the Commission;(c) the Chief Electoral Officer;(d) a person authorized in writing by a member of the Commission to so communicate;(e) a Presiding Officer;(f) a polling officer;(g) a person authorized in writing by the Returning Officer to act as a liaison officer;(h) a police officer on duty at a polling station; (L.N. 131 of 2009 and L.N. 197 of 2009)(i) a member of the Civil Aid Service on duty at a polling station; (L.N. 131 of 2009 and L.N. 197 of 2009)(j) an officer of the Correctional Services Department on duty at a dedicated polling station; or (L.N. 131 of 2009 and L.N. 197 of 2009)(k) an officer of any law enforcement agency on duty at a dedicated polling station. (L.N. 131 of 2009 and L.N. 197 of 2009)(7) A person who commits an offence under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 79 of 2007)(8) (Repealed L.N. 125 of 2003)(9) A person who commits an offence under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 79 of 2007) 49. Presiding Officer to keep order at the polling station (1) The Presiding Officer must keep order at the polling station.(2) If, on polling day, in the polling station or its vicinity, a person—(a) misconducts himself or herself, the Returning Officer or the Presiding Officer may;(b) fails to obey a lawful order of the Returning Officer, that Officer may; or(c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the polling station or the vicinity of the polling station, as the case may be, immediately.(2A) If an elector who is allocated to vote at a dedicated polling station fails to cast his or her vote without undue delay pursuant to section 57(3), the Returning Officer or the Presiding Officer may order him or her to leave the polling station immediately. (L.N. 131 of 2009)(3) If a person fails to leave when ordered to do so under subsection (2) or (2A), the person may be removed— (L.N. 131 of 2009)(a) if the polling station is not a dedicated 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(b) if the polling station is a dedicated polling station, by—(i) a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate;(ii) an officer of the Correctional Services Department; or(iii) an officer of any law enforcement agency. (L.N. 131 of 2009)(4) A person who is removed under subsection (3) may not enter the relevant polling station again on that day, unless the Returning Officer or the Presiding Officer, as the case may be, permits him or her to do so.(5) The powers conferred by subsection (2) are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. (L.N. 131 of 2009) Division 2 Ballot Boxes and Ballot Papers and Procedure for Voting 50. Design of ballot box A ballot box to be used for an election is to be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or the sealing device. 51. Presiding Officer to seal ballot box before commencement of poll (1) Immediately before the commencement of the poll, the Presiding Officer must show each ballot box, empty, to the persons, if any, as are then present within the polling station. Then the Presiding Officer must lock the ballot box, seal it with a seal provided for that purpose or any other device specified by the Chief Electoral Officer, so that it cannot be opened without breaking the seal or the device.(2) The Presiding Officer must place the ballot box for the receipt of ballot papers in that Officer’s view or in the view of any other polling officer, and must keep it locked and sealed. 52. Form of ballot paper and order of appearance of names of candidates on ballot papers (1) A ballot paper to be used to vote for a District Committees constituency is to be in Form 1 in Schedule 2. (19 of 2023 s. 138)(1AA) A ballot paper to be used to vote for a District Council geographical constituency is to be in Form 2 in Schedule 2. (19 of 2023 s. 138)(1AAB) If the Commission has made a direction under section 57A(2) in relation to a by-election for a District Committees constituency, a ballot paper to be used to vote at that by-election is to be in Form 3 in Schedule 2. (19 of 2023 s. 138)(1A) The Chief Electoral Officer may modify the layout of the form of a ballot paper prescribed in Schedule 2 (except Forms 1 and 3 in that Schedule) to incorporate particulars relating to candidates to be printed on a ballot paper in accordance with the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M). (L.N. 79 of 2007; 19 of 2023 s. 138)(2) The Commission may decide—(a) to have a ballot paper printed in white or in colour or colour pattern;(b) the colour in which a ballot paper is to be printed or the colour pattern to be printed on a ballot paper;(ba) to have different types of ballot paper printed in different colours or with different colour patterns; (19 of 2023 s. 138)(c) whether or not to have a design on the back of a ballot paper; (19 of 2023 s. 138)(d) the design to be printed on the back of a ballot paper; or (19 of 2023 s. 138)(e) to have different designs printed on the back of different types of ballot papers. (19 of 2023 s. 138)(3) The Commission may assign a code for each constituency. The code is to be printed on the front of a ballot paper.(4) The order in which the names of candidates appear on a ballot paper is to be determined by the Returning Officer by the drawing of lots. A number is to be allocated to each candidate according to the result of the draw.(5) A candidate may be present at the drawing of lots under this section or be represented by a person authorized in writing by him or her.(6) The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section.(7) A ballot paper is to contain the following information—(a) the name of the candidate;(aa) insofar as may be applicable to the candidate, the particulars specified in the Schedule to the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); and (L.N. 79 of 2007; L.N. 144 of 2019)(b) (Repealed L.N. 144 of 2019)(c) the number allocated to the candidate under this section.(8) In the case of death or disqualification of a candidate who has been allocated a number under this section, the name of the candidate and the information under subsection (7) relating to that candidate—(a) are to be omitted from the ballot paper; or(b) if printed on the ballot paper, are to be crossed out under section 40(2). (1 of 2019 s. 37)(9) The number allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the constituency concerned who has died or is disqualified is omitted from the ballot paper or crossed out under subsection (8).(10) A ballot paper is to have the date and description of the election printed on the front of it.(11) A number may be printed on the counterfoil of a ballot paper, but that number is not to be printed or shown in any manner on the ballot paper.(12) A notice required to be given to a candidate under subsection (6) may be given to the election agent instead of the candidate. 52A. Arrangement for giving ballot papers to elderly persons, pregnant women, etc. (1) The Presiding Officer may designate an area in the polling station for giving a ballot paper to a person—(a) who is not less than 70 years of age;(b) whose document specified in section 53(1A)(a), (ab), (b), (c), (d), (e) or (f) shows the year of birth, without the month and day of birth, of the person which is 70 years earlier than the year within which the polling day falls;(c) whose document specified in section 53(1A)(a), (ab), (b), (c), (d), (e) or (f) shows, without the day of birth—(i) the year of birth of the person which is 70 years earlier than the year within which the polling day falls; and(ii) the month of birth of the person which is the same as the month within which the polling day falls;(d) who is pregnant; or(e) who, because of illness, injury, disability or dependence on mobility aids—(i) is not able to queue for a long time; or(ii) has difficulty in queuing.(2) 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—(a) the area designated under subsection (1); or(b) if there is a queue extending from that area—the end of the queue.(14 of 2021 s. 164) 53. Ballot paper to be given to a person only if Presiding Officer is satisfied of the person’s identity (1) The Presiding Officer must not give a ballot paper to a person unless that Officer is satisfied, by inspecting the document or documents set out in subsection (1A) or (1B), that he or she is the person registered in the final register, whom he or she claims to be. (L.N. 130 of 2017)(1A) For a person applying for a ballot paper at a polling station (other than a dedicated polling station situated in a prison), the document or documents referred to in subsection (1) are any of the following—(a) the person’s identity card; (L.N. 149 of 2018)(ab) 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. 149 of 2018)(b) a document issued by the Commissioner of Registration acknowledging that the person has applied— (i) to be registered under the Registration of Persons Ordinance (Cap. 177); or (ii) for a new identity card under regulation 13 or 14 of the Registration of Persons Regulations (Cap. 177 sub. leg. A);(c) a valid Hong Kong Special Administrative Region Passport issued to the person under the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539);(d) a valid identity book for a seaman issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);(e) a valid document of identity issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);(f) both— (L.N. 149 of 2018)(i) 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. 149 of 2018)(ii) 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. 149 of 2018)(iii) (Repealed L.N. 149 of 2018)(1B) For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsection (1) is a document issued by the Commissioner of Correctional Services showing—(a) the person’s name;(b) the person’s photograph; and(c) the prisoner registration number allocated by that Commissioner to the person for identification purposes. (L.N. 130 of 2017)(2) A person is not to be prevented from voting only due to an omission or inaccuracy of a particular required to be recorded in a final register, other than—(a) in the case of the first ordinary election, the omission of both the person’s name and identity document number from the copy of the part of the final register supplied to the Presiding Officer; or(b) in the case of any subsequent ordinary election, the omission of both the person’s name and identity document number from the final register. 54. Questions to be asked from persons applying for a ballot paper (1) The Presiding Officer may, at the time a person applies for a ballot paper, but not afterwards, ask, in case of doubt, the appropriate questions set out in subsection (2).(1A) When asking the questions, the Presiding Officer must have regard to whether the ballot paper applied for is a DCC ballot paper or a GC ballot paper, and that Officer must choose, frame, adjust or modify the questions accordingly. (19 of 2023 s. 139)(2) The questions referred to in subsection (1) are—(a) “Are you the person registered in the final register now in effect for this District Committees constituency, as follows (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?” or “你是否已登記在對本地區委員會界別有效的正式選民冊上的人，並且有關記項一如以下所述 (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?”;(b) “Are you the person registered in the final register now in effect for this District Council geographical constituency, as follows (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?” or “你是否已登記在對本區議會地方選區有效的正式選民冊上的人，並且有關記項一如以下所述 (the Presiding Officer to read the whole entry as it is recorded in the copy or extract of the final register supplied to that Officer)?”;(c) “Have you already voted for this or any other District Committees constituency in this election?” or “在這次選舉中，你是否已經就本地區委員會界別或任何其他地區委員會界別投票?”;(d) “Have you already voted for this or any other District Council geographical constituency in this election?” or “在這次選舉中，你是否已經就本區議會地方選區或任何其他區議會地方選區投票?”. (19 of 2023 s. 139)(3) The Presiding Officer must ask the appropriate questions set out in subsection (2) if so required by a candidate, an election agent or a polling agent.(4) The Presiding Officer must not give a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer. 55. A candidate or election agent or polling agent may challenge a person who has applied for a ballot paper or who has voted (1) If a candidate, an election agent or a polling agent declares to the Presiding Officer that he or she has reasonable cause to believe that a person has engaged in corrupt conduct by impersonation and undertakes in writing to substantiate the allegation in a court, the Presiding Officer may take the step specified in subsection (2A). A candidate or an election agent or a polling agent may so declare only at the time a person applies for the ballot paper or after a person has applied for a ballot paper and before he or she has left the polling station.(2) If the Presiding Officer has reason to believe that a person applying for a ballot paper or who has applied for a ballot paper and who has not left the polling station has engaged in corrupt conduct by impersonation, the Presiding Officer may take the step specified in subsection (2A).(2A) The step specified for the purposes of subsections (1) and (2) is—(a) if the polling station is not a dedicated polling station, requesting a police officer to arrest the person concerned; or(b) if the polling station is 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. 131 of 2009)(3) A person regarding whom a declaration is made under subsection (1) (whether or not that person is arrested or removed under that subsection) or a person who has been arrested or removed pursuant to a request made under subsection (2) is not to be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 74 of 2011)(4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (10 of 2000 s. 47)(10 of 2000 s. 47; L.N. 131 of 2009) 56. Presiding Officer to issue only one ballot paper to an elector for a constituency (19 of 2023 s. 140)(1) The Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper for a constituency. (19 of 2023 s. 140)(2) Before issuing a ballot paper under this section, the name of the elector as stated in the copy or extract of the relevant final register supplied under section 40(3) must be called out.(3) Immediately before issuing the ballot paper, the Presiding Officer must— (14 of 2021 s. 165)(a) if a printed copy or extract of the relevant final register is used to record the issue—mark the copy or extract by placing a line across the name and identity document number of the elector; or(b) if an FR electronic copy or extract (as defined by section 110) of the relevant final register is used to record the issue—make, by using an electronic device, a record in the entry relating to the elector in the FR electronic copy or extract,to denote that the ballot paper the elector is entitled to have issued to him or her at the relevant polling station has been so issued. (14 of 2021 s. 165)(4) No record is to be made of the particular ballot paper issued to an elector. 56A. Elector who has not cast vote may return to cast vote with permission (1) Subject to subsection (5), if—(a) an elector has been issued with a ballot paper for a constituency; and (19 of 2023 s. 141)(b) he or she has left the polling station without casting his or her vote, he or she shall not cast the vote when he or she returns to the polling station before the close of the poll unless—(c) before leaving the polling station, he or she has—(i) made a request to the Presiding Officer for permission to cast the vote before the close of the poll;(ii) informed the Presiding Officer of his or her reason for leaving the polling station without casting the vote; and(iii) returned the ballot paper, unmarked, to the Presiding Officer; (L.N. 131 of 2009)(d) the Presiding Officer has granted the requested permission; and (L.N. 131 of 2009)(e) if the polling station is a dedicated polling station situated in a prison, the elector returns to the polling station within the time slot assigned to him or her under subsection (2A) or section 30(2A). (L.N. 131 of 2009)(2) If an elector has complied with subsection (1)(c), the Presiding Officer must grant the permission unless he or she is of the opinion that the request is a manifest abuse of the facilities provided by this section.(2A) 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—(a) assign to the elector a new time slot during the polling hours appointed for the polling station; and(b) notify the elector of the new time slot. (L.N. 131 of 2009)(3) If the Presiding Officer grants the permission to an elector under subsection (2), he or she must—(a) keep in his or her custody the ballot paper returned by the elector under subsection (1)(c)(iii); and(b) on the elector’s return to the polling station before the close of the poll to cast the vote, re-issue the ballot paper to the elector in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 131 of 2009)(4) If the Presiding Officer does not grant the permission to an elector under subsection (2), he or she must immediately re-issue to the elector the ballot paper returned under subsection (1)(c)(iii).(5) An elector who—(a) has been issued with a ballot paper for a constituency; (19 of 2023 s. 141)(b) has become incapacitated from voting by physical illness; and (L.N. 191 of 2003)(c) has left the polling station after—(i) returning the ballot paper, unmarked, to the Presiding Officer; or(ii) leaving the ballot paper, unmarked, behind in the polling station without putting the ballot paper into the ballot box (if the Presiding Officer is aware that the elector has so left the ballot paper behind before leaving the polling station), may return to the polling station before the close of the poll and cast his or her vote.(5A) 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—(a) assign to the elector a new time slot during the polling hours appointed for the polling station; and(b) notify the elector of the new time slot. (L.N. 131 of 2009)(5B) The right of an elector in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (5) is subject to the elector’s returning to the polling station within the time slot assigned to him or her under subsection (5A) or section 30(2A). (L.N. 131 of 2009)(6) If any ballot paper is returned under subsection (5)(c)(i) or left behind in the polling station under subsection (5)(c)(ii) by an elector, the Presiding Officer must—(a) keep in his or her custody the ballot paper; and(b) on the elector’s return to the polling station before the close of the poll to cast the vote, re-issue the ballot paper to the elector in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 131 of 2009)(7) For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) shall be regarded as issuing a ballot paper under section 56(1).(L.N. 125 of 2003) 57. Procedure for voting (1) When an elector is issued with a ballot paper for a constituency, he or she must immediately go into a voting compartment and mark the ballot paper. (L.N. 131 of 2009; 19 of 2023 s. 142)(2) After marking the ballot paper, the elector must, before leaving the voting compartment, conceal the mark on it as directed by the Commission under subsection (2A). (L.N. 131 of 2009; 19 of 2023 s. 142)(2A) The Commission may direct, in a way it considers appropriate, the elector—(a) to put the ballot paper, unfolded, into the ballot box with the marked side facing down;(b) to—(i) fold the ballot paper so that the marked side is inside; and(ii) put the folded ballot paper into the ballot box;(c) to—(i) put the ballot paper, unfolded, into an envelope provided at the polling station; and(ii) put the ballot paper contained in the envelope into the ballot box; or(d) to—(i) fold the ballot paper so that the marked side is inside;(ii) put the folded ballot paper into an envelope provided at the polling station; and(iii) put the ballot paper contained in the envelope into the ballot box. (19 of 2023 s. 142)(3) An elector must cast his or her vote without undue delay. An elector must leave the polling station as soon as he or she has put the ballot paper into the ballot box.(4) A person must not put anything other than a marked ballot paper or an envelope referred to in subsection (2A) into the ballot box. (L.N. 131 of 2009)(5) Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station.(6) In this section voting compartment (投票間) means a compartment provided under section 40(1) for the purpose of marking ballot papers. 57A. How DCC ballot papers are to be marked (1) An elector voting for a District Committees constituency must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of the elector’s choice.(2) However, the Commission may, in relation to a by-election for a District Committees constituency, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “✓”, with or without any design.(3) If the Commission makes a direction under subsection (2) in relation to a by-election—(a) an elector voting at the by-election must mark the ballot paper with the chop provided under section 40(7) for the purpose; and(b) the chop is to be affixed to give a single “✓” in each of the circles opposite the names of the candidates of the elector’s choice on the ballot paper.(4) An elector voting for a District Committees constituency must vote for a number of candidates that is equal to the number of members to be returned for the constituency at the election.(19 of 2023 s. 143) 58. How GC ballot papers are to be marked (19 of 2023 s. 144)(1) An elector voting for a District Council geographical constituency is to mark his or her ballot paper with the chop. (19 of 2023 s. 144)(2) The chop is to be affixed to give a single “✓” in the circle opposite the name of the candidate of the elector’s choice on the ballot paper.(3) In this section chop (印章) means a chop provided under section 40(7) for the purpose of marking the ballot paper. 59. Marking of ballot papers for or by incapacitated person (1) The Presiding Officer may mark a ballot paper for an elector who is or claims that he or she is unable to read or is incapacitated from voting due to blindness or other physical cause. The Presiding Officer may do so only on the application of such an elector.(2) The Presiding Officer must mark the ballot paper for a person referred to in subsection (1) in the presence of a polling officer and in the appropriate manner specified in section 57A or 58 (as applicable) according to the choice of the elector. The Presiding Officer must put the ballot paper into the ballot box, in the manner described in section 57 in the presence of a polling officer, after marking it. (19 of 2023 s. 145)(3) An elector who is blind or claims that he or she is blind may make use of a template to mark the ballot paper if a template is provided for that purpose at the polling station. 60. When person is to be issued with ballot paper marked “重複” and “TENDERED” (1) Subject to subsection (2) and section 56A, if a person (the first-mentioned person) representing himself or herself to be a particular elector applies for a ballot paper after a person has been issued with a ballot paper on the basis that he or she is that first-mentioned person, the Presiding Officer must issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “重複” and “TENDERED”.(2) The Presiding Officer may issue a ballot paper under subsection (1) only if—(a) the Presiding Officer is not certain that the first-mentioned person is the person who has been issued with a ballot paper; and(b) the first-mentioned person answers the appropriate questions set out in section 54 to the satisfaction of the Presiding Officer.(L.N. 79 of 2007) 61. What ballot papers are to be marked “未用” and “UNUSED” by the Presiding Officer (1) Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words “未用” and “UNUSED” on any ballot paper that has been issued but has not been put into the ballot box.(2) References in this Regulation to an unused ballot paper are to be construed as references to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1). 62. What ballot papers are to be marked “損壞” and “SPOILT” by the Presiding Officer (1) If an elector inadvertently deals with the ballot paper issued to him or her in such a manner that it cannot be properly used as a ballot paper or makes an error in marking a ballot paper, he or she may apply to the Presiding Officer for another ballot paper.(2) The Presiding Officer may issue another ballot paper to a person referred to in subsection (1) if that person gives back the ballot paper already issued to him or her to the Presiding Officer and establishes to the satisfaction of the Presiding Officer the inadvertence or the fact that he or she made an error.(3) The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it with the words “損壞” and “SPOILT”. 63. Steps to be taken at the close of the poll: a polling station which is also a counting station (L.N. 191 of 2003; L.N. 131 of 2009)(1) As soon as practicable after the close of the poll at a polling station which is also designated as a counting station, the Presiding Officer must display a notice in a prominent place outside the polling station stating that the poll has been closed and that it will be opened when it is ready for use for the counting of votes. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009)(1A) A candidate, and an election agent, a counting agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for the preparation for the counting of votes. (L.N. 125 of 2003; L.N. 79 of 2007)(2) After complying with subsection (1), the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps—(a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them;(b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered;(c) use a padlock to keep the device secured in position;(d) seal each ballot box; and(e) make up into separate sealed packets—(i) ballot papers which have not been issued;(ii) the unused ballot papers;(iii) the spoilt ballot papers; and(iv) if the copy or extract of the relevant final register has been marked under section 56(3)(a)—the marked copy or extract. (14 of 2021 s. 166)(2A) The Presiding Officer must, after complying with subsection (2), keep the sealed ballot box or boxes under that Officer’s control until the counting of votes begins. (L.N. 125 of 2003)(3) At a polling station used for polling for more than one constituency, the Presiding Officer must make separate sealed packets for each constituency.(4) For the avoidance of doubt it is stated that the ballot papers in a sealed packet prepared under this section are not to be counted for the purpose of counting of the votes. Accordingly, references to ballot papers in relation to the counting of the votes are to be construed as not including those ballot papers. 63A. Steps to be taken at the close of the poll: a polling station which is not a counting station (L.N. 131 of 2009)(1) As soon as practicable after the close of the poll at a small polling station, a special polling station or a dedicated polling station, the Presiding Officer of that polling station must, in the presence of the persons, if any, who are present within the polling station, take the following steps— (L.N. 131 of 2009)(a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them;(b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered;(c) use a padlock to keep the device secured in position;(d) seal each ballot box; and(e) make up into separate sealed packets—(i) ballot papers which have not been issued;(ii) the unused ballot papers;(iii) the spoilt ballot papers; and(iv) if the copy or extract of the relevant final register has been marked under section 56(3)(a)—the marked copy or extract. (14 of 2021 s. 167)(2) A candidate and an election agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for taking the steps referred to in subsection (1)(a), (b), (c), (d) and (e).(2A) An election agent or a polling agent may not stay under subsection (2) in a dedicated polling station situated in a maximum security prison. (L.N. 131 of 2009)(3) The Presiding Officer of the small polling station or special polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to the Presiding Officer of the main counting station. (L.N. 79 of 2007)(4) The Presiding Officer of the dedicated polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to the Presiding Officer of the ballot paper sorting station or the main counting station concerned, as advised by the Chief Electoral Officer. (L.N. 131 of 2009; L.N. 197 of 2009)(L.N. 125 of 2003 and L.N. 191 of 2003) 64. Presiding Officer to prepare a ballot paper account for each packet of sealed ballot papers (1) The Presiding Officer (other than the Presiding Officer of a dedicated polling station) must prepare a statement which complies with subsection (2) for each packet prepared under section 63 or 63A, as the case may be, for a constituency. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 74 of 2011)(2) The statement under subsection (1) must be in the specified form and show the number of ballot papers for the constituency supplied to the Presiding Officer under section 40(2) and account for those ballot papers under the following heads—(a) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or boxes;(b) the number of un-issued ballot papers;(c) the number of unused ballot papers; and(d) the number of spoilt ballot papers.(3) The Presiding Officer of a dedicated polling station must—(a) (if one or more ballot papers have been issued by the Presiding Officer on the polling day) prepare a statement which complies with subsection (4) for each constituency in respect of which ballot papers have been issued; or (19 of 2023 s. 146)(b) (if no ballot paper has been issued by the Presiding Officer on the polling day) prepare a statement in the specified form confirming that no ballot paper has been issued by the Presiding Officer on the polling day. (L.N. 74 of 2011)(4) The statement prepared under subsection (3)(a) must be in the specified form and show the number of ballot papers for the constituency supplied to the Presiding Officer under section 40(2) and account for those ballot papers under the following heads— (19 of 2023 s. 146)(a) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or boxes;(b) the number of un-issued ballot papers;(c) the number of unused ballot papers;(d) the number of spoilt ballot papers. (L.N. 74 of 2011) Part 4 Counting of the Votes: Ordinary Election and By-elections 65. Returning Officer and Presiding Officer to give notice of place and time of the counting of votes to candidates (L.N. 191 of 2003)(1) Subject to subsection (6), the Presiding Officer is to determine the time at which the counting of votes is to begin. (L.N. 125 of 2003)(2) 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 constituency concerned was conducted.(2A) Despite subsection (2), the time determined under subsection (1) in respect of sorting ballot papers at the ballot paper sorting station—(a) must be a time after the poll has closed at all the dedicated polling stations situated in prisons at which polling for the constituency concerned was conducted; and(b) may be a time before the poll has closed at all the other polling stations at which polling for the constituency concerned is conducted. (L.N. 131 of 2009)(3) The Returning Officer must give notice in writing to each candidate of the place or places at which counting is to take place for the constituency contested by the candidate. (L.N. 125 of 2003 and L.N. 191 of 2003)(4) Notice under subsection (3) must be given at least 10 days before polling day. (L.N. 125 of 2003 and L.N. 191 of 2003; 12 of 2014 s. 102)(5) If a poll for a constituency is adjourned under Schedule 1, the counting of the votes for that constituency is to stand postponed.(6) If the counting of the votes stands postponed under subsection (5), the Chief Electoral Officer is to determine a time for the counting to begin and the place or places for it to take place. The time must be after the adjourned poll is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate of the constituency concerned of the time and place.(7) A notice required to be given under this section may be given to the election agent or counting agent of a candidate instead of the candidate. (L.N. 125 of 2003 and L.N. 191 of 2003)(8) The Presiding Officer must, before the counting of votes begins, display a notice in a prominent place outside the counting station stating the time that the counting station will be opened to the public to observe the counting of votes. (L.N. 125 of 2003)(9) In this section, Presiding Officer (投票站主任) does not include— (L.N. 131 of 2009) (a) a Presiding Officer of a small polling station; (b) a Presiding Officer of a special polling station; or (c) a Presiding Officer of a dedicated polling station. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009) 66. Candidates may appoint counting agents (1) A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the constituency contested by the candidate, in accordance with this section.(2) The maximum number of counting agents that a candidate may appoint for one counting station is 2. (L.N. 125 of 2003)(3) Only a person who is a holder of an identity card and has attained the age of 18 years may be appointed as a counting agent.(4) A candidate must give notice of appointment of a counting agent to the Returning Officer at least 7 days before polling day. (L.N. 125 of 2003)(4A) A notice of appointment given under subsection (4) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 45)(5) If notice is not given under subsection (4), it must be delivered on polling day to the Presiding Officer— (L.N. 125 of 2003)(a) by the candidate in person; or(b) by the election agent of the candidate, in person.(6) A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and residential address of the counting agent. It must be signed by the candidate. (12 of 2014 s. 45)(7) The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 125 of 2003)(8) If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer or the Presiding Officer in accordance with subsection (9A) or (10). (L.N. 79 of 2007; 12 of 2014 s. 45)(9) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate.(9A) 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. 45)(10) If the notice of revocation is given on polling day, it must be delivered to the Presiding Officer—(a) by the candidate in person; or(b) by the election agent of the candidate, in person. (12 of 2014 s. 45)(11) The revocation of the appointment of a counting agent is not effective until notice of revocation is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 125 of 2003) 66A. Appointment of Presiding Officer of ballot paper sorting station (1) The Chief Electoral Officer must appoint a Presiding Officer to preside at each ballot paper sorting station. (2) The Chief Electoral Officer may, at any time, with reasonable cause, revoke any appointment made under subsection (1).(L.N. 131 of 2009) 67. Chief Electoral Officer to appoint or remove counting officers (L.N. 79 of 2007)(1) The Chief Electoral Officer may appoint persons that Officer considers suitable, as counting officers, to assist a Presiding Officer in counting the votes.(2) The Chief Electoral Officer must supply to the Presiding Officer a list of the counting officers appointed to assist the Presiding Officer.(3) The Chief Electoral Officer must display the list of counting officers in a prominent place within the relevant counting station or stations.(4) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any counting officer. (L.N. 79 of 2007) (L.N. 125 of 2003) 68. Who may be present at the counting of votes (1) Subject to subsections (2) and (5), only the Returning Officer, Assistant Returning Officers, Presiding Officer, Deputy Presiding Officer and Assistant Presiding Officers and the following persons may be present at the counting of the votes— (L.N. 125 of 2003)(a) counting officers;(b) candidates;(c) election agents and counting agents;(d) members of the Commission;(e) the Chief Electoral Officer;(f) police officers on duty at the counting station;(g) members of the Civil Aid Service on duty at the counting station;(h) public officers authorized in writing by the Chief Electoral Officer; or(i) persons authorized in writing by a member of the Commission.(2) No other person may be present except with the permission of the Returning Officer or the Presiding Officer.(3) The Presiding Officer is to ensure that the arrangements for the counting of the votes are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.(4) Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of the votes at the counting zone or zones. On arriving at the counting station, an election agent or counting agent must report in person to the Presiding Officer and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her.(5) The Presiding Officer may, if that Officer considers it appropriate and practicable to do so without prejudicing the secrecy of the individual votes and considers that it will not cause disorder or disturbance in the counting station, permit members of the public to observe the counting of the votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate.(L.N. 125 of 2003) 69. What constitutes an offence at a counting station (1) A person who, during the relevant period, films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of— (L.N. 74 of 2011)(a) the relevant Returning Officer or Presiding Officer; or (L.N. 125 of 2003) (b) any member of the Commission,commits an offence.(1A) In subsection (1)—relevant period (有關期間), in relation to a counting zone, means the period commencing at the time, determined under section 65, 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. 74 of 2011)(2) A person who fails to comply with a lawful order given by the Presiding Officer at or in the vicinity of a counting station or behaves in a disorderly manner there commits an offence. (L.N. 125 of 2003) (3) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 3 months. 70. Presiding Officer to keep order at the counting station (1) The Presiding Officer must keep order at the counting station.(2) If, at or in the vicinity of a counting station, a person—(a) misconducts himself or herself, the Presiding Officer may; or(b) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately.(3) If a person fails to leave when ordered to do so under subsection (2), the person may be removed by a police officer or by a person authorized in writing by the Presiding Officer.(4) A person who is removed under subsection (3) may not enter the relevant counting station again on that day, unless the Officer who ordered his or her removal permits him or her to do so.(L.N. 125 of 2003) 71. (Repealed L.N. 125 of 2003) 72. Arrangements for the supervision of counting stations and counting zones (1) (Repealed L.N. 125 of 2003)(2) The Presiding Officer is to supervise the counting station and the counting zone. (L.N. 125 of 2003)(3) The Presiding Officer may have one Deputy Presiding Officer and one or more Assistant Presiding Officers to assist him or her. (L.N. 125 of 2003)(4) In this section, Presiding Officer (投票站主任) does not include— (L.N. 131 of 2009)(a) a Presiding Officer of a small polling station;(b) a Presiding Officer of a special polling station; or(c) a Presiding Officer of a dedicated polling station. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009) 73. (Repealed L.N. 125 of 2003) 74. Presiding Officer to open ballot box (1) A Presiding Officer other than a Presiding Officer of a small polling station which is not designated as a main counting station or a special polling station which is not so designated must open a ballot box in that Officer’s charge by breaking the seal. The Presiding Officer must do so in the presence of the candidates, their election agents or counting agents, if present at the counting zone. (L.N. 125 of 2003 and L.N. 191 of 2003)(2) The Presiding Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper, other than a ballot paper, taken from the ballot box, if so requested by the candidate or agent, before that paper is disposed of. A candidate or an election agent or a counting agent must not be permitted under this subsection to inspect a ballot paper. (L.N. 125 of 2003) 75. Presiding Officer to verify number of ballot papers (14 of 2021 s. 168)(1) A Presiding Officer (other than a Presiding Officer of a main counting station or a ballot paper sorting station) in charge of a counting zone must— (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009; L.N. 74 of 2011)(a) (Repealed L.N. 125 of 2003)(b) after counting the votes in accordance with section 76, verify the number of ballot papers so counted by comparing it with the ballot paper account prepared under section 64 and prepare a statement in writing as to the result of the verification. (L.N. 125 of 2003)(1A) A Presiding Officer in charge of a counting zone of a main counting station— (L.N. 131 of 2009; 12 of 2014 s. 72)(a) must—(i) count and record the number of ballot papers in the ballot box or boxes from a small polling station, a special polling station or a dedicated polling station, and verify the number by comparing it with the ballot paper account prepared under section 64;(ii) open all envelopes in each receptacle received from a ballot paper sorting station, count and record the number of ballot papers in the envelopes, and verify the number by comparing it with the statement prepared under section 75A(e); and(iii) prepare a statement in writing as to the respective result of the verification under subparagraphs (i) and (ii),before counting the votes for those ballot papers in accordance with section 76; and(b) must, after the counting of votes in accordance with section 76—(i) verify the number of ballot papers at the polling station designated as the main counting station so counted by comparing it with the ballot paper account prepared under section 64;

and(ii) prepare a statement in writing as to the result of the verification under subparagraph (i). (12 of 2014 s. 72)(2) If a Presiding Officer considers it necessary or if required by a candidate who is present at the counting zone or an election agent or counting agent so present, that Officer must, in preparing the verification of number of ballot papers, compare the ballot paper account with the number of ballot papers recorded by that Officer and the spoilt ballot papers, the unused ballot papers and the counterfoils or un-issued ballot papers. (L.N. 125 of 2003; 11 of 2012 s. 56)(3) A candidate or an election agent or a counting agent may copy what is recorded on the ballot paper account or the verification of number of ballot papers.(14 of 2021 s. 168) 75A. Arrangements for sorting in ballot paper sorting stations The Presiding Officer of a ballot paper sorting station must— (L.N. 197 of 2009)(a) sort the envelopes in each ballot box under the Officer’s charge according to each constituency; (L.N. 74 of 2011)(b) count and record the number of envelopes for each constituency; (L.N. 74 of 2011)(c) verify the number of envelopes recorded for each constituency under paragraph (b) by comparing it with the ballot paper account for that constituency; (14 of 2021 s. 169)(d) prepare a statement in writing as to the result of the verification; (L.N. 74 of 2011)(e) prepare a statement in writing as to the number of envelopes recorded under paragraph (b); (L.N. 74 of 2011)(f) make into separate bundles the sorted envelopes together with the relevant statement prepared under paragraph (e); (L.N. 74 of 2011)(g) place each bundle in a separate receptacle and seal it in the presence of those present at the counting zone; (L.N. 74 of 2011)(h) arrange the receptacles to be delivered to the Presiding Officers of the respective main counting stations of the relevant constituencies; and (L.N. 74 of 2011)(i) send to the Chief Electoral Officer the ballot paper accounts, verifications of number of ballot papers and the sealed packets made up under section 63A. (L.N. 74 of 2011; 14 of 2021 s. 169)(L.N. 131 of 2009) 75B. Counting of votes for District Committees constituencies (1) This section applies to the counting of the votes for a District Committees constituency.(2) The Presiding Officer of a main counting station must, at the counting zone, count in accordance with this section.(3) The Presiding Officer of a main counting station must, when counting the votes at the main counting station, mix the ballot papers in at least one of the ballot boxes at the polling station designated as the main counting station together with—(a) the ballot papers that have been delivered to the main counting station from one or more special polling stations; and(b) the ballot papers that have been delivered to the main counting station from one or more ballot paper sorting stations, or one or more dedicated polling stations, as may be appropriate.(4) The votes recorded on the ballot papers are to be counted according to the system of counting described in section 41A of the District Councils Ordinance (Cap. 547).(5) The votes cast may be counted by using an approved programme and a computer.(6) In the course of counting in accordance with subsection (4)—(a) any ballot paper that—(i) appears to have any writing or mark by which the elector can possibly be identified;(ii) appears to be not marked in accordance with section 57A(1) or (3)(b);(iii) appears to be substantially mutilated; or(iv) appears to be void for uncertainty,is questionable and must be separated and forwarded to the Presiding Officer to decide whether the vote is to be counted in accordance with section 79; and(b) any ballot paper described in section 78(1)(b), (c), (d), (f), (ha) and (hb) must be separated and the vote is not to be counted pursuant to section 78.(7) In this section—approved programme (認可程式) means any computer software that the Commission is satisfied is programmed to count the votes for a District Committees constituency so as to give an accurate result.(19 of 2023 s. 147) 76. Counting of votes for District Council geographical constituencies (19 of 2023 s. 148)(1A) This section applies to the counting of the votes for a District Council geographical constituency. (19 of 2023 s. 148)(1) At the counting zone for each counting station, the ballot papers for that counting station must be dealt with by the Presiding Officer as provided in this section. (L.N. 125 of 2003)(2) The Presiding Officer of a main counting station must, when counting the votes at the main counting station, mix the ballot papers in at least one of the ballot boxes at the polling station designated as the main counting station together with— (L.N. 131 of 2009; 11 of 2012 s. 57)(a) the ballot papers that have been delivered to the main counting station from one or more small polling stations or special polling stations; and(b) the ballot papers that have been delivered to the main counting station from one or more ballot paper sorting stations, or one or more dedicated polling stations, as may be appropriate. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009; L.N. 197 of 2009; 11 of 2012 s. 57)(3) Ballot papers are to be sorted with reference to the candidate for which the vote has been recorded.(4) The votes recorded on the ballot papers are to be counted according to the system of counting described in section 41B of the District Councils Ordinance (Cap. 547). (19 of 2023 s. 148)(5) In the course of counting in accordance with subsection (4)—(a) any ballot paper—(i) which appears to have any writing or mark by which the elector can possibly be identified;(ii) which appears to be not marked in accordance with section 58(2);(iii) which appears to be substantially mutilated; or(iv) which appears to be void for uncertainty,is questionable and shall be separated and forwarded to the Presiding Officer to decide whether the vote should be counted in accordance with section 79; and(b) any ballot paper described in section 78(1)(b), (c), (d), (f), (g), (ha) and (i) shall be separated and shall not be counted pursuant to section 78. (L.N. 125 of 2003; 1 of 2019 s. 50) 77. (Repealed L.N. 125 of 2003) 78. Votes recorded on invalid ballot papers not to be counted (L.N. 79 of 2007)(1) When counting the votes, a ballot paper of any of the following descriptions is not to be regarded as valid and the vote recorded on the ballot paper is not to be counted— (L.N. 79 of 2007)(a) on which there is writing or a mark by which the elector can possibly be identified; (L.N. 79 of 2007)(b) which has the words “重複” and “TENDERED” endorsed on the front of it;(c) which has the words “損壞” and “SPOILT” endorsed on the front of it;(d) which has the words “未用” and “UNUSED” endorsed on the front of it; (L.N. 79 of 2007)(e) which is substantially mutilated;(f) which is unmarked;(fa) for a DCC ballot paper—which is not marked in accordance with section 57A(1) or (3)(b); (19 of 2023 s. 149)(g) for a GC ballot paper—which is not marked in accordance with section 58(1); (L.N. 125 of 2003)(h) which the Presiding Officer determines as being void for uncertainty; (L.N. 79 of 2007)(ha) on which a vote for a candidate is recorded and the name of, and other information relating to, the candidate are crossed out under section 40(2); (1 of 2019 s. 51)(hb) for a DCC ballot paper—which is not marked in accordance with section 57A(3)(a) or (4); (19 of 2023 s. 149)(i) for a GC ballot paper—which contains votes for more than 1 candidate. (L.N. 125 of 2003)(2) A candidate, an election agent or a counting agent—(a) may inspect a ballot paper referred to in subsection (1)(b), (c), (d), (f), (g), (ha), (hb) or (i); but(b) is not entitled to make representations to the Presiding Officer concerning the ballot paper. (L.N. 79 of 2007)(3) Subject to subsection (1)(ha), it is stated that the Presiding Officer is not to make a decision 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 40(2). (1 of 2019 s. 38)(L.N. 125 of 2003; 1 of 2019 s. 51; 19 of 2023 s. 149) 79. Presiding Officer to make decisions on questionable ballot papers (1) If a ballot paper is forwarded to the Presiding Officer under section 75B(6)(a) or 76(5)(a), a candidate, an election agent or a counting agent, if present at the counting zone, may— (L.N. 79 of 2007; 19 of 2023 s. 150)(a) inspect the ballot paper; and(b) make representations to the Presiding Officer concerning the ballot paper. (L.N. 125 of 2003)(2) After considering the representations (if any) made under subsection (1), the Presiding Officer shall determine whether the ballot paper—(a) is valid and the vote shall be counted; or(b) shall not be counted pursuant to section 78 for—(i) having on it any writing or mark by which, in that Officer’s opinion, the elector can possibly be identified;(ii) subject to subsection (3), being a ballot paper not marked in accordance with section 57A(1) or (3)(b) or 58(2) (as applicable); (19 of 2023 s. 150)(iii) being a ballot paper which is substantially mutilated; or(iv) being void for uncertainty. (L.N. 125 of 2003)(3) In the case of a ballot paper which is not marked in accordance with section 57A(1) or (3)(b) or 58(2) (as applicable), if the Presiding Officer is satisfied that the intention of the elector is clear notwithstanding the deviation from the requirement in section 57A(1) or (3)(b) or 58(2) (as the case requires), the Presiding Officer may count that ballot paper. (L.N. 125 of 2003; 19 of 2023 s. 150)(4) If the Presiding Officer decides a questionable ballot paper is not to be counted, that Officer must endorse the words “不獲接納” and “rejected” on the front of it. If a candidate, an election agent or a counting agent objects to the Presiding Officer’s decision, that Officer must also add the words “反對此選票不獲接納” and “rejection objected to”.(5) If a candidate, an election agent or a counting agent objects to the decision of the Presiding Officer to count a questionable ballot paper, that Officer must endorse the words “反對此選票獲接納” and “acceptance objected to” on that ballot paper. (6) The Presiding Officer is to prepare a statement of the ballot papers referred to in section 78(1) which are not to be counted. The statement is to be under the following heads— (L.N. 125 of 2003)(a) writing or mark by which the elector can possibly be identified;(b) endorsed with the words “重複” and “TENDERED”;(c) endorsed with the words “損壞” and “SPOILT”;(d) endorsed with the words “未用” and “UNUSED”; (e) substantially mutilated;(f) unmarked;(g) not marked in accordance with section 57A or 58 (as applicable); (19 of 2023 s. 150)(h) void for uncertainty; (1 of 2019 s. 52)(ha) a ballot paper on which a vote for a candidate is recorded and the name of, and other information relating to, the candidate are crossed out under section 40(2); (1 of 2019 s. 52)(i) a GC ballot paper which contains votes for more than 1 candidate. (L.N. 125 of 2003; 19 of 2023 s. 150)(L.N. 125 of 2003; L.N. 79 of 2007) 80. Presiding Officer’s decision on a ballot paper to be final Subject to section 49 of the District Councils Ordinance (Cap. 547), the decision of the Presiding Officer on a ballot paper is final.(L.N. 125 of 2003) 80A. Result of the counting of votes and re-count: one counting station (1) This section applies where there is only one counting station for a constituency.(2) After the votes are counted, the Presiding Officer must make known the result of the counting of votes to the candidates who are present at the counting zone. (19 of 2023 s. 151)(3) If the candidates are not present, the Presiding Officer is to make known the result to their election agents or counting agents, if those agents are present at the counting zone.(4) A candidate who is present at the counting zone when the votes are counted or re-counted, or an election agent who is so present, may request the Presiding Officer to count again the counted votes or re-counted votes.(5) If a request is made under subsection (4), that Presiding Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(6) After a counting of votes or re-count is completed, nothing further is to be done until each candidate who is present at the completion of the counting of votes or re-count, or the election agent of each candidate if present at the completion of the counting of votes or re-count, is given a reasonable opportunity to make a request for a re-count.(7) Where there is no request for a re-count or such request is rejected by the Presiding Officer or the re-count is completed and there is no request for a further re-count or the request for a further re-count has been rejected by the Presiding Officer, the Presiding Officer must report to the Returning Officer for the constituency the result of the counting of votes and re-count (if any).(L.N. 125 of 2003) 80B. Result of the counting of votes and re-count: 2 or more counting stations (1) This section applies where there are 2 or more counting stations for a constituency.(2) After the votes are counted, the Presiding Officer of the relevant counting station must make known the result of the counting of votes at that counting station to the candidates who are present at the counting zone. (19 of 2023 s. 152)(3) If the candidates are not present, the Presiding Officer is to make known the result to their election agents or counting agents, if those agents are present at the counting zone.(4) A candidate who is present at the counting zone when the votes are counted or re-counted, or an election agent or a counting agent who is so present, may request the Presiding Officer to count again the counted votes or re-counted votes.(5) If a request is made under subsection (4), that Presiding Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(6) After a counting of votes or re-count is completed, nothing further is to be done until each candidate who is present at the completion of the counting of votes or re-count, or the election agent or counting agent of each candidate if present at the completion of the counting of votes or re-count, is given a reasonable opportunity to make a request for a re-count.(7) Where there is no request for a re-count or such request is rejected by the Presiding Officer or the re-count is completed and there is no request for a further re-count or the request for a further re-count has been rejected by the Presiding Officer, the Presiding Officer of each counting station which is not the dominant counting station must report to the Presiding Officer of the dominant counting station and the Returning Officer for the constituency the result of the counting of votes and re-count (if any). (L.N. 191 of 2003)(8) After the Presiding Officer of the dominant counting station has been notified of the results of the counting of votes of all the counting stations for the constituency, that Officer must make known the results to the candidates or their election agents or counting agents who are present at the dominant counting station. If a candidate or his or her election agent who is present at the dominant counting station requests the Presiding Officer of that counting station to re-count all the votes of all the counting stations for the constituency, that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(9) If the Presiding Officer of the dominant counting station decides to comply with the request referred to in subsection (8), that Officer must conduct a re-count at the dominant counting station and inform the Presiding Officers of the other counting stations for the constituency to conduct a re-count at their respective counting station at the same time.(10) The Presiding Officer of each of the other counting stations for the constituency must make known the result of the re-count at that Officer’s counting station to the candidates or their election agents or counting agents who are present at the relevant counting stations and must report that result to the Presiding Officer of the dominant counting station.(11) The Presiding Officer of the dominant counting station must inform the candidates or their election agents or counting agents who are present at the dominant counting station of all the re-count results.(12) The Presiding Officer of the dominant counting station must report to the Returning Officer for the constituency the result of the counting of votes and re-count (if any) of all the counting stations for such constituency. (L.N. 191 of 2003)(L.N. 125 of 2003) 80C. Determination of result in the event of equality of votes (1) If in relation to a constituency, a member or members are still to be returned for the constituency and the most successful candidates remaining have an equal number of votes, the Returning Officer for the constituency must determine the result of the election by drawing lots as provided in section 41A(5) or 41B(4) (as applicable) of the District Councils Ordinance (Cap. 547). (19 of 2023 s. 153)(2) In order to invite the candidates referred to in subsection (1) to be present at the office of the Returning Officer for the constituency or any other place as determined by the Returning Officer for conducting the drawing of lots under section 41A(5) or 41B(4) (as applicable) of the District Councils Ordinance (Cap. 547), the Returning Officer must use the means of contact provided by those candidates on their nomination forms. (L.N. 191 of 2003; 19 of 2023 s. 153)(3) If the Returning Officer fails to contact a candidate under subsection (2), that Officer may draw lots on behalf of the candidate.(L.N. 125 of 2003) 81. Returning Officer to declare election result (1) When the counting of the votes and re-counts, if any, are completed and the result of the election determined, subject to subsection (2), the Returning Officer must declare the candidate who is successful at the election to be elected, as provided in section 41A(6) or 41B(5) (as applicable) of the District Councils Ordinance (Cap. 547). (L.N. 125 of 2003 and L.N. 191 of 2003)(2) If, before a successful candidate at an election is declared to be elected— (19 of 2023 s. 154)(a) it is proved to the satisfaction of the Returning Officer that the candidate has died; or(b) it is proved to the satisfaction of the Eligibility Review Committee that the candidate is disqualified from being elected,the Returning Officer must not declare the candidate to be elected and must declare the election to have failed, as provided in section 40(3)(a) of the District Councils Ordinance (Cap. 547) or to have failed to the extent as provided in section 40(3)(b) of that Ordinance. (L.N. 79 of 2007)(19 of 2023 s. 154) 82. The form in which Returning Officer is to publish result of election (1) A notice to be published under section 46(1) of the District Councils Ordinance (Cap. 547) is to be in the form prescribed in Schedule 3.(2) A notice under subsection (1) must be published in the Gazette within 10 days from the date the relevant result is declared under section 81(1).(3) The Returning Officer is to prepare a notice of the result of the election as provided under this section and display it prominently in a place outside that Officer’s office. (L.N. 125 of 2003)(4) The Returning Officer is to send a copy of each notice prepared under subsection (3) to—(a) the Chairman of the Commission;(b) the Secretary for Constitutional and Mainland Affairs; (L.N. 130 of 2007)(c) the Director of Home Affairs; and(d) the Chief Electoral Officer. Part 5 Disposal of Documents: Ordinary Election and By-elections 83. Presiding Officer to seal ballot papers in packets (1) As soon as practicable after the Presiding Officer has ascertained the result of the poll, that Officer must, at the counting station, make up into separate sealed packets— (L.N. 125 of 2003 and L.N. 191 of 2003)(a) the counted ballot papers;(b) the un-issued ballot papers;(c) the unused ballot papers;(d) the spoilt ballot papers; and(e) the rejected ballot papers.(2) The Presiding Officer must endorse on each sealed packet— (L.N. 125 of 2003 and L.N. 191 of 2003)(a) a description of its contents;(b) the date of the relevant election; and(c) the name of the constituency and the name of the relevant District.(3) A candidate, an election agent or a counting agent may be present when the Presiding Officer makes up the sealed packets and endorses them. (L.N. 125 of 2003 and L.N. 191 of 2003)(4) Before the Presiding Officer makes up the packets, that Officer must inform— (L.N. 125 of 2003 and L.N. 191 of 2003)(a) the candidates who are present at the counting station; and(b) either the election agent or counting agent (if present) of a candidate who is not present at the counting station, that they may be present when that Officer makes up the packets and seals and endorses them.(5) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station which is not designated as a main counting station, a special polling station which is not so designated, a dedicated polling station or a ballot paper sorting station. (L.N. 125 of 2003 and L.N. 191 of 2003; L.N. 131 of 2009) 84. Chief Electoral Officer to receive ballot papers, accounts, packets, etc. (1) As soon as practicable after declaring the result of the election, the Presiding Officer must send to the Returning Officer for the constituency—(a) the ballot paper account and verification of number of ballot papers;(b) the statement referred to in section 79(6); and(c) the sealed packets made up under section 83.(2) As soon as practicable after preparing the notice of the result of the election, the Returning Officer for the constituency must send to the Chief Electoral Officer—(a) the documents referred to in subsection (1)(a), (b) and (c);(b) a copy of the notice of the result of the election;(c) all nomination forms;(d) the notices of withdrawal of candidature (if any);(e) the notices of appointment of election agents, polling agents and counting agents and copies of authorizations of election expense agents; (ea) if the copy or extract of the relevant final register has been marked under section 56(3)(a)—the marked copy or extract; and (14 of 2021 s. 170)(f) any other documents relating to the election specified by the Commission.(3) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station which is not designated as a main counting station, a special polling station which is not so designated, a dedicated polling station or a ballot paper sorting station. (L.N. 191 of 2003; L.N. 131 of 2009)(L.N. 125 of 2003; 14 of 2021 s. 170) 85. Ballot paper in custody of Chief Electoral Officer may be inspected only on a court order The Chief Electoral Officer is not to permit any person to inspect any ballot paper in that Officer’s custody other than on an order made by a court in proceedings relating to an election petition or criminal proceedings. 86. Chief Electoral Officer to retain election documents for at least 6 months The Chief Electoral Officer must retain in that Officer’s custody the documents sent under section 84 and the copies or extracts of the relevant final register in which records have been made under section 56(3)(b) for at least 6 months from the date of the election to which they relate. That Officer must thereafter, unless directed by an order of court in proceedings relating to an election petition or criminal proceedings, destroy them.(14 of 2021 s. 171) Part 6 Miscellaneous and Supplemental Provisions: Ordinary Election and By-elections 87. Returning Officers, Presiding Officers, polling officers or counting officers not to act as agents of candidates in the same election (1) A Returning Officer, Presiding Officer, polling officer or counting officer who acts as an election agent, a polling agent, a counting agent or an election expenses agent in the election for which he or she is appointed commits an offence.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months. 88. Employees of candidates not to act as electoral officers (1) A person who, while in the employment of a candidate, acts as a Returning Officer, Presiding Officer, polling officer or counting officer at an election for which the candidate stands for election, commits an offence.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months. 88A. Certain visitors of electors in custody not to canvass for votes (1) If—(a) a person (visitor) visits in a certain capacity an elector in custody for a business or official purpose; and(b) 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 or she, during the visit, canvasses for votes for the purpose of an election.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months.(L.N. 131 of 2009) 89. Presiding Officer may perform functions through polling officers or counting officers (1) Subject to subsection (2), a Presiding Officer may perform any act which that Officer is required or authorized to perform under this Regulation through a polling officer or a counting officer. (2) A Presiding Officer may not delegate under subsection (1)—(a) the power to adjourn a poll or count under Schedule 1;(b) the power to make a determination of the validity of a ballot paper; or(c) the power to make a decision as to whether the vote recorded on a ballot paper is to be counted.(11 of 2012 s. 58) 90. Returning Officer may perform functions through Assistant Returning Officers (L.N. 79 of 2007)(1) A Returning Officer may perform any act which that Officer is required or authorized to perform under this Regulation through an Assistant Returning Officer appointed for the constituency for which the Returning Officer is appointed.(1A) (Repealed L.N. 79 of 2007)(2) A Returning Officer may not delegate under subsection (1)—(a) (Repealed 19 of 2023 s. 155)(b) (Repealed L.N. 125 of 2003)(c) the declaration of the result of the election. 91. Chief Electoral Officer to be subject to direction of Commission (1) The Chief Electoral Officer is subject to the directions of the Commission in the performance of that Officer’s functions under this Regulation.(2) The Chief Electoral Officer may delegate that Officer’s powers, duties or functions under this Regulation to a member of the staff provided under section 9(3) of the Ordinance. 92. Acts done in the absence of candidates or agents not to be invalid Where under this Regulation, an act or thing is required or authorized to be done in the presence of a candidate or all the candidates, the election agent, the polling agent or the counting agent of the candidate, that act or thing is not to be invalidated solely for the reason that such person or persons were not present as required or authorized. 93. Electoral Officers, candidates and agents to make declaration of secrecy (1) Every electoral officer within the meaning of section 2 of the District Councils Ordinance (Cap. 547) or person authorized by or under this Regulation to attend at a polling station (except as an elector) must, before entering the polling station, make a declaration of secrecy on the specified form.(2) Every candidate, election agent, counting agent or counting officer or other person (except as a member of the public under section 68(5)) authorized by or under this Regulation to attend at the counting of the votes must make a declaration of secrecy on the specified form before entering the counting station. (L.N. 125 of 2003)(3) The Returning Officer is to make the declaration in the presence of a Commissioner for Oaths. Any other person may make the declaration in the presence of the Returning Officer, a Commissioner for Oaths, a member of the Commission, the Chief Electoral Officer or a person whose official designation is that of a deputy to the Chief Electoral Officer.(4) Every Returning Officer or other officer or any other person attending at a polling station or counting of the votes must maintain and assist in maintaining the secrecy of the ballot.(5) Subsections (1) and (2) do not apply to a police officer, an officer of the Correctional Services Department, an officer of any law enforcement agency or a member of the Civil Aid Service on duty at a polling station or a counting station. (L.N. 131 of 2009) 94. Enforcement of provisions as to secrecy (1) A person who divulges to any other person, by communicating information as to the name or identity document number in the final register or a copy or extract of the final register, of electors, or otherwise, whether a person has or has not applied for a ballot paper or voted, commits an offence.(1A) A person who divulges to any other person the identity of an elector in custody commits an offence. (L.N. 131 of 2009)(2) Subsections (1) and (1A) do not apply to anything done for a purpose authorized by law or when required to do so by 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), section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204), or the Electoral Affairs Commission Ordinance (Cap. 541) or any regulation made under that Ordinance. (10 of 2000 s. 47; L.N. 131 of 2009)(3) A person who communicates to any person any information obtained at a counting of the votes as to the candidate for whom a vote has been given on any particular ballot paper, commits an offence.(4) A person who interferes with an elector when that elector is recording the vote, commits an offence.(5) A person who interferes with or attempts to interfere with any ballot boxes, un-issued ballot papers, unused ballot papers, spoilt ballot papers, tendered ballot papers, marked ballot papers or a copy or extract of the relevant final register in printed form marked under section 56(3)(a), commits an offence. (14 of 2021 s. 172)(6) A person who interferes with or attempts to interfere with any opened ballot boxes, ballot paper accounts, verifications of number of ballot papers or any other relevant election materials referred to in this Regulation commits an offence. (14 of 2021 s. 172)(7) A person who obtains or attempts to obtain in any manner—(a) within a polling station or a no staying zone; or(b) within a no canvassing zone, without the express permission of the Presiding Officer or the Commission, information as to the candidate for whom an elector in that station is about to vote or has voted, commits an offence.(8) A person who communicates at any time to any person any information obtained in a polling station as to the candidate for whom an elector is about to vote or has voted, commits an offence.(9) A person who directly or indirectly induces an elector to display the elector’s ballot paper after the elector has marked it, so as to make known to any person a candidate for or against whom the elector has voted, commits an offence.(10) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 79 of 2007) 95. (Repealed 19 of 2023 s. 156) 96. Procedure in case of death or disqualification of candidate after close of poll (1) Subsection (1A) applies, if after the close of polling for a constituency but before the declaration of the result of the election—(a) it is proved to the satisfaction of the Returning Officer that a candidate has died; or(b) it is proved to the satisfaction of the Eligibility Review Committee that a candidate is disqualified from being elected. (19 of 2023 s. 157)(1A) In the circumstances mentioned in subsection (1)(a) or (b), the Returning Officer must direct that the counting of the votes for the constituency is to begin or continue, as the case may be, as if the death or disqualification had not occurred. (19 of 2023 s. 157)(2) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the election, section 81(2) applies.(3) If the candidate who has died or is disqualified is not successful at the election, the Returning Officer must declare the successful candidate to be elected as provided in section 81(1). 97. Procedure after election fails (1) A declaration of failure of an election under section 39(2)(b) or (3) of the District Councils Ordinance (Cap. 547) is to be made by the Returning Officer by notice published in the Gazette. (19 of 2023 s. 158)(2) A declaration of failure of an election under section 40(3) of the District Councils Ordinance (Cap. 547) is to be made by the Returning Officer by a notice. The notice must be displayed in a prominent place outside the relevant counting station. As soon as practicable after the declaration is made, the notice must be published in the Gazette.(3) A by-election is to be arranged, subject to section 33(2) of the District Councils Ordinance (Cap. 547), under section 33(1) of that Ordinance. 98. Publication and display of notices, etc. (1) The Returning Officer or Presiding Officer may publish or display a notice, determination, or other writing under this Regulation in a manner that Officer thinks fit except where specific provision is made for the publication or display in this Regulation. (L.N. 125 of 2003)(2) The following notices or applications may be delivered by hand, by post, by electronic mail or by facsimile transmission— (12 of 2014 s. 60)(a) notice of the decision of the Eligibility Review Committee as to whether a person is validly nominated as a candidate; (19 of 2023 s. 159)(b) notice of a declaration that a candidate has died or that the decision of the Eligibility Review Committee has been varied to the effect that a candidate is not validly nominated; (19 of 2023 s. 159)(c) (Repealed 12 of 2014 s. 60)(d) application to vote at a special polling station;(e) notice to Returning Officers and to candidates of the determination of a no canvassing zone and a no staying zone;(f) notice to Returning Officers and to candidates of the variation before the polling day of a no canvassing zone or a no staying zone;(g) notice to candidates of the arrangements for the drawing of lots to determine the order of appearance of candidates on the ballot paper; and (12 of 2014 s. 46)(h)-(i) (Repealed 12 of 2014 s. 46)(j) notice to candidates of the place for the counting of the votes. (L.N. 125 of 2003 and L.N. 191 of 2003)(3) Notice of variation of a no canvassing zone or a no staying zone on the polling day or notice of the resumption of the counting of the votes after an adjourned poll or count may be given orally if notice by hand, by post, by electronic mail or by facsimile transmission is not practicable or is not suitable in the circumstances. (12 of 2014 s. 60) 99. (Repealed L.N. 125 of 2003) 99A. Election return to be lodged in specified form The election return required to be lodged under section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in respect of an ordinary election or a by-election must be in the specified form (if any).(L.N. 74 of 2011) 100. Commission to specify forms (1) The Commission may specify forms for the purposes of this Regulation.(2) The Commission may specify forms for notifications by the Returning Officer under the District Councils (Subscribers and Election Deposit for Nomination) Regulation (Cap. 547 sub. leg. A).(3) The Chief Electoral Officer is to make available during ordinary business hours at that Officer’s office and at the office of each Returning Officer, the forms specified under subsection (1).(4) The Chief Electoral Officer may make the forms specified under subsection (1) available at any other place that Officer considers appropriate.(5) Forms specified under subsection (1) are to be made available free of charge.(6) Subsections (3), (4) and (5) do not apply to the specified forms for the election notice, by-election notice, notice of nominations, notice published under section 23, 24 or 25 declaring the candidates who are returned un-contested as members, notification by the Chief Electoral Officer of the particulars of election agents, notice of guidance to electors referred to in section 42, ballot paper, ballot paper account or notice of the election result. (19 of 2023 s. 160) 101. Reporting of irregularities (1) If the Chief Electoral Officer, the Returning Officer or the Presiding Officer is of the opinion that an irregularity has occurred in relation to an election, a poll or a count, the relevant Officer must make a report in writing to the Commission.(2) A report of an irregularity must be made as soon as practicable after the relevant Officer becomes aware of it, but it must in any case be made within 14 days of the polling day of the election to which it relates.(3) If it appears to an Officer referred to in subsection (1) that an occurrence which that Officer considers to be a material irregularity has taken place or is likely to take place in relation to an election, that Officer must make a report to the Commission immediately, in a manner that Officer considers expedient in the circumstances.(4) If a report is made under subsection (3) otherwise than in writing, the Officer concerned must make a report also in writing as soon as practicable, and in any event within 30 days of the polling day of the election to which it relates. 102. Letters that may be sent free of postage by candidates (1) A candidate may send one letter, as provided in this section, free of postage, to each elector in the constituency for which the candidate is validly nominated in an election.(2) The letter must—(a) be posted in Hong Kong;(b) contain materials relating only to the candidate’s candidature at the election concerned;(c) not exceed 50 grams in weight; (L.N. 29 of 2004; 11 of 2019 s. 21)(d) be not larger than 165 mm x 245 mm and not smaller than 90 mm x 140 mm in size; and (11 of 2019 s. 21)(e) not exceed 5 mm in thickness at any part of the letter. (11 of 2019 s. 21)(3) If a candidate is sending letters to electors in bulk by post, the candidate, or any person authorized by the candidate, must provide to the Postmaster General a specimen of the materials contained in the bulk. The candidate or the person authorized must make a declaration in the specified form stating that the materials contained in the bulk are identical with the specimen provided to the Postmaster General.(4) The declaration must be signed and submitted to the Postmaster General.(5) If any letter in the bulk sent by the candidate under subsection (1) is not in compliance with subsection (2), or if the declaration made under subsection (3) is false in any particular, the candidate is liable for payment of postage for all the letters in that bulk. 103. (Repealed 11 of 2012 s. 10) 104. Offence of false declaration (1) A person who, in an election related document, makes a statement which that person knows to be false in a material particular or recklessly makes a statement which is incorrect in a material particular or knowingly omits a material particular from an election related document commits an offence.(2) A person who directly or indirectly by himself or herself or by another person on his or her behalf conspires with, incites, compels, induces, coerces, intimidates or persuades another person to make a false statement in an election related document or to provide information which that person knows to be wrong in a material particular in an election related document commits an offence.(3) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months.(4) An offence under this section is to be an offence prescribed for the purposes of sections 21 and 26A of the District Councils Ordinance (Cap. 547). (19 of 2023 s. 161)(5) In this section election related document (與選舉有關的文件) means a form, declaration (other than a declaration under section 102), application, authorization, notice, statement or a nomination form required or used for the purposes of this Regulation. Part 7 Election Advertisements (Part 7 added 11 of 2012 s. 11) 105. Interpretation (Part 7) (1) 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 39 of the District Councils Ordinance (Cap. 547); 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.(2) Any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this Part.(3) If a Returning Officer has not been appointed for a constituency, any reference in this Part to a Returning Officer is to be construed as a reference to the Chief Electoral Officer.(4) A document published by a candidate during an election period that gives details of the work done by the candidate in the capacity of—(a) the Chief Executive;(ab) a member of the Election Committee; (14 of 2021 s. 174)(b) a member of the Legislative Council;(c) a member of a District Council;(d) a member of the Heung Yee Kuk;(e) 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(f) a Rural Representative, (5 of 2014 s. 2)is an election advertisement for the purposes of this Part.(E.R. 2 of 2012) 106. Requirements applicable to election advertisements (1) A candidate who publishes an election advertisement must comply with subsection (2) or (3) in relation to—(a) the advertisement and any information related to the advertisement required by the Commission;(b) 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(c) if the advertisement is of a kind referred to in section 27(1) or (2) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), the consent referred to in subsection (1A), (1B), (2A) or (2B) of that section. (E.R. 2 of 2019)(2) A candidate must—(a) 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;(b) 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(c) 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.(3) A candidate must provide, in the manner and within the time specified by the Commission, to the Returning Officer—(a) the information and 2 copies of the advertisement in paper form or any other form specified by the Commission; and(b) a hard copy of the permission or consent.(4) A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—(a) the name and address of the printer;(b) the date on which it was printed; and(c) the number of copies printed.(5) 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).(6) 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—(a) the name and address of the printer;(b) the date on which it was printed; and(c) the number of copies printed.(7) 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).(8) 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).(9) 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. 107. Court may grant relief for election advertisements (1) A person who publishes an election advertisement without complying with section 106(1)(a) or (4) may apply to the Court for an order under subsection (2).(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 section 106(9), from the relevant requirement under that section, but only if the Court— (E.R. 2 of 2019)(a) is satisfied that—(i) the non-compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and(ii) if the Court requires notice of the application to be given in Hong Kong, the notice has been given; and(b) believes it to be just that the act be so excepted.(3) If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 106(1)(a) or (4) may be instituted or carried on until the application is disposed of by the Court.(4) An applicant is not liable to be convicted of an offence under section 106(9) if the non-compliance by the applicant with section 106(1)(a) or (4) is the subject of an order made under subsection (2). 108. Power to seize, etc.

election advertisements 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 106 has not been complied with. 109. Commission may grant exemption 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 106. Part 8 Electronic Copy or Extract of Final Register for Purposes of Section 56(3)(b) (Part 8 added 14 of 2021 s. 175) 110. Interpretation (Part 8) In this Part—FR electronic copy or extract (正式選民冊電子文本或摘錄) means an electronic copy or extract of the final register, or of part of the final register, created and maintained under section 111; (19 of 2023 s. 162)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. 111. FR electronic copy or extract (1) The Commission may, for the purposes of section 56(3)(b), create and maintain an electronic copy or extract of the final register, or of part of the final register—(a) to be stored on an electronic platform; and(b) access to which can be obtained through the Internet by using an electronic device.(2) 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. 112. Protection of FR electronic copy or extract (1) A person commits an offence if the person obtains access to an FR electronic copy or extract without legal authority to do so.(2) For the purposes of subsection (1), an individual has legal authority to obtain access to an FR electronic copy or extract if—(a) 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;(b) 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 56(3)(b) and the individual so uses the FR electronic copy or extract in compliance with the terms of the authorization; or(c) 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.(3) A person commits an offence if the person, without lawful excuse—(a) damages any data or information contained in an FR electronic copy or extract; or(b) otherwise tampers with an FR electronic copy or extract to make its operation defective.(4) A person who commits an offence under subsection (1) or (3) is liable on conviction on indictment to imprisonment for 2 years. 113. Commission may authorize access to FR electronic copy or extract (1) A member of the Commission may, for the purposes of section 112(2)—(a) grant an authorization to an individual; and(b) determine the terms of the authorization.(2) An authorization granted to an individual under subsection (1) must—(a) be in writing;(b) specify the name and appropriate identification details of the individual; and(c) set out the terms of the authorization. Schedule 1 [ss. 2A, 3, 65 & 89](12 of 2014 s. 12)Postponement and Adjournment of Ordinary Election and By-elections 1. Postponement of an ordinary election and adjournment of poll at all polling stations or count at all counting stations (1) If, before the holding of an ordinary election, it appears to the Commission that the election is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may postpone the holding of the election by making a declaration under section 4.(2) If, at any time during the polling or the counting of the votes at an ordinary election, it appears to the Commission that the poll or count is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may adjourn the poll or count by making a declaration under section 4.(3) The occurrences for the purposes of subsections (1) and (2) are—(a) a typhoon or other climatic condition of a serious nature; or(b) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or count. 2. Postponement of election, adjournment of poll or count in respect of a single constituency (1) If, during or before an ordinary election or by-election, it appears to the Commission that the election for a constituency is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may postpone the election or by-election for the constituency by making a declaration under section 4.(2) If, at any time during a poll or count in respect of an ordinary election or by-election referred to in subsection (1), it appears to the Commission that the poll at all the polling stations for any constituency or the count at all the counting stations for any constituency is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may adjourn the poll at all the polling stations or the count at all the counting stations for that constituency by making a declaration under section 4.(3) The occurrences for the purposes of subsections (1) and (2) are—(a) a typhoon or other climatic condition of a serious nature;(b) riot, open violence or any danger to public health or safety; or (12 of 2014 s. 84)(c) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or count. 3. Adjournment of poll or count at a particular station (L.N. 74 of 2011)(1) If, at any time during polling at an ordinary election or by-election, it appears to the Presiding Officer that the poll at the polling station is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (2), the Presiding Officer may adjourn the poll at that polling station by making a declaration under section 4.(1A) If, at any time during counting at an ordinary election or by-election, it appears to the Presiding Officer that the count at the counting station is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (2), the Presiding Officer may adjourn the count at the counting station by making a declaration under section 4. (L.N. 74 of 2011)(2) The occurrences for the purposes of subsections (1) and (1A) are— (L.N. 74 of 2011)(a) a typhoon or other climatic condition of a serious nature;(b) riot, open violence or any danger to public health or safety; or (12 of 2014 s. 85)(c) an occurrence which appears to the Presiding Officer to be a material irregularity relating to the election, the poll or count. 4. How a declaration for the purposes of sections 1, 2 and 3 is to be made and what it is to contain (1) A declaration for the purposes of sections 1, 2 and 3 is to be made by a notice published in the Gazette. If publication in the Gazette is not practicable in the circumstances, the notice may be published by other means determined by the Commission.(2) The declaration must contain the following as may be appropriate in each case—(a) a description (by name or otherwise) of the ordinary election or by-election that is being postponed or in respect of which a poll or count is being adjourned or postponed;(b) the fact that the ordinary election or by-election is being postponed;(c) the fact that the polling or the counting of the votes is being postponed or adjourned;(d) a statement as to whether the polling or the counting of the votes is being postponed or adjourned at all the polling stations or counting stations in respect of a constituency;(e) a statement as to whether the polling or the counting of the votes is being adjourned at a single polling station or counting station or certain polling stations or counting stations; and(f) a description (by name or otherwise) of the polling stations or counting stations at which a poll or count is being postponed or adjourned. 5. Procedure after adjournment of poll (1) If a poll is adjourned under this Schedule or section 38 of the District Councils Ordinance (Cap. 547), the procedure specified in this section is to be complied with.(2) The Presiding Officer must, in the presence of any persons present at the polling station, secure the ballot boxes and their contents in a manner that Officer thinks fit. Then, without counting the ballot papers or counting the votes, that Officer must deliver the secured ballot boxes together with any un-issued ballot papers, unused ballot papers or spoilt ballot papers, and the copy or extract of the relevant final register that has been marked under section 56(3)(a) of this Regulation to the Returning Officer. (14 of 2021 s. 176)(3) If it is not practicable to make delivery to the Returning Officer, the Presiding Officer must deposit the secured ballot boxes, and the other materials referred to in subsection (2), in a safe place within the polling station. If there is no safe place within the polling station, that Officer must deposit them in a safe place within a police station or a public building close to the polling station. If there is no such police station or public building, that Officer must deposit them in a secure building (which may even be a residential building) close to the polling station. If there is no police station, public building or secure building close to the polling station, that Officer must deposit the ballot boxes and materials in a safe place within any other police station or public building or, in the absence of such a station or building, in a safe place in any other building (which may even be a residential building).(4) If the ballot boxes and other materials are delivered to the Returning Officer, that Officer must take such steps as determined by the Commission (generally or in a particular case) for the purpose of ensuring their safety and security. The Returning Officer must remain in charge of them and be responsible for their safety and security until polling in respect of the adjourned poll commences.(5) If a poll is adjourned under this Schedule or section 38 of the District Councils Ordinance (Cap. 547), the polling hours appointed for the resumed poll must be such that the total time allowed for polling (that is the aggregate of the polling hours which had been spent at the time the poll was adjourned and the polling hours appointed for the resumed poll) is not less than the total time that would have been allowed for polling had the poll not been adjourned. 6. Procedure after adjournment or postponement of a count (1) If a count is adjourned under this Schedule or section 38 of the District Councils Ordinance (Cap. 547), or if the count is adjourned due to the postponement of a poll under this Schedule, the Presiding Officer must comply with this section.(2) The Presiding Officer must take steps to cease the count. Then, in the presence of the persons, if any, present at the counting station, deposit the ballot boxes (whether opened or un-opened) and receptacles, if any, together with the ballot papers (whether counted or not), any un-issued ballot papers, tendered ballot papers, ballot paper account, verification of number of ballot papers, and any other relevant election materials, in a safe place within the counting station. If there is no safe place within the counting station, that Officer must deposit them in a safe place within a police station or a public building close to the counting station. If there is no such police station or public building, that Officer must deposit them in a secure building (which may even be a residential building) close to the counting station. If there is no police station, public building or secure building close to the counting station, that Officer must deposit the election materials in a safe place within any other police station or public building or, in the absence of such a station or building, in a safe place in any other building (which may even be a residential building). (14 of 2021 s. 176)(3) The election materials must remain in the charge of the Presiding Officer. That Officer is to be responsible for their safety and security until the adjourned or postponed count is resumed under section 65(6) of this Regulation.(4) (Repealed L.N. 125 of 2003)(L.N. 125 of 2003) 7. Appointment of a date by Commission for election, polling or counting after a postponement or an adjournment (1) If an ordinary election or by-election is postponed under this Schedule, the Commission is to, as soon as practicable after the postponement, appoint a date for holding an ordinary election or by-election, as may be appropriate.(2) If a poll or a count is adjourned under this Schedule, the Commission is to, as soon as practicable after the adjournment, appoint a date for holding a poll or a count.(3) A date appointed under this section must not be later than 14 days after the date on which the postponed election or the adjourned poll or count would have been held. (12 of 2014 s. 86)(4) In each case referred to in sections 1, 2 and 3, the Commission is to, in the relevant notice making the declaration, specify the date appointed under this section to hold the relevant ordinary election, by-election, the poll or the count, as the case may require.(5) If it is not practicable to specify the date in the notice of declaration, the Commission is to specify it in a notice published in the Gazette soon after the publication of a notice of declaration. If such publication is not practicable in the circumstances, the date must be specified in a notice published by some other means the Commission considers appropriate.(6) The appointment of a date under this section for holding a by-election is subject to section 33(2) of the District Councils Ordinance (Cap. 547). Schedule 2 [s. 52]Forms of Ballot Papers for an Ordinary Election/By-election Form 1Ballot Paper for District Committees Constituency # A code will be assigned to each District Committees constituency. Only the appropriate code will be printed. * Only the appropriate information will be printed. @ The relevant number will be printed. __________ Form 2Ballot Paper for District Council Geographical Constituency # A code will be assigned to each District Council geographical constituency. Only the appropriate code will be printed. * Only the appropriate information will be printed. __________ Form 3Ballot Paper for District Committees Constituency (By-election in relation to which Commission has Made Direction under Section 57A(2)) # A code will be assigned to each District Committees constituency. Only the appropriate code will be printed. * Only the appropriate information will be printed. @ The relevant number will be printed. (Schedule 2 replaced 19 of 2023 s. 163) Schedule 3 [s. 82]Form for the Notice of Election Result under Section 46 of the District Councils Ordinance (Cap. 547) 《選舉管理委員會(選舉程序) (區議會) 規例》 ELECTORAL AFFAIRS COMMISSION(ELECTORAL PROCEDURE)(DISTRICT COUNCILS) REGULATION 選舉結果公告NOTICE OF RESULT OF ELECTION 區議會 *一般選舉/補選*(區議會名稱)*(界別或選區名稱)*DISTRICT COUNCILS *ORDINARY ELECTION/BY-ELECTION*(Name of District Council)*(Name of Constituency) 1. 於 *(日期) 舉行的上述選舉的結果公布如下—— The following is a statement of the result of the above election held on *(date)—— 候選人編號Candidate Number 候選人姓名Name of Candidate 候選人所得票數Number of Votes Givento the Candidate 2. 現公布：以下候選人 *依據以抽籤方式決定的選舉結果，在上述界別或選區當選—— It is notified that the following candidate is declared to be elected for the above-mentioned constituency *pursuant to a result determined by drawing lots—— *(當選的候選人姓名) *(Name of Candidate Elected) 日期: 上述界別或選區的選舉主任 Returning Officer Date: for the above-mentioned constituency * Only the appropriate information will be printed.(Schedule 3 replaced L.N. 74 of 2011. 19 of 2023 s. 164)