Cap. 541 sub. leg. L

Electoral Procedure (Rural Representative Election) Regulation(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [1 June 2003](Format changes—E.R. 2 of 2012) Editorial Note: The title of this Regulation was amended from “Electoral Procedure (Village Representative Election) Regulation” to “Electoral Procedure (Rural Representative Election) Regulation” — see 5 of 2014 s. 2. Part 1 Preliminary (Format changes—E.R. 2 of 2012) 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—adjournment (押後), in relation to a poll or the counting of the votes in respect of a poll, means an adjournment under section 72(2) or 73, and adjourned (押後) shall be construed accordingly;Assistant Presiding Officer (助理票站主任) means a polling officer designated as an Assistant Presiding Officer under section 31(2)(b); (L.N. 163 of 2021)Assistant Returning Officer (助理選舉主任) has the meaning assigned to it by section 2(1) of the Election Ordinance;ballot paper account (選票結算表) means a statement prepared under section 54;ballot paper sorting station (選票分流站) means a place designated as a ballot paper sorting station under section 28; (L.N. 134 of 2009)candidate (候選人) has, subject to subsection (2), the meaning assigned to it by section 2(1) of the Election Ordinance;candidate number (候選人編號) means the number allocated to a validly nominated candidate under section 42(1);close of nominations (提名期結束) means the end of the nomination period;Composite Indigenous Village (共有代表鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance;computer (電腦), in relation to the counting of votes, includes any device and computer software that is designed and programmed to count the votes cast at an election; (5 of 2014 s. 37)counting agent (監察點票代理人) means a counting agent appointed under section 56;counting of the votes (點票) includes separation, sorting and counting of ballot papers; (L.N. 134 of 2009)counting officer (點票人員), in relation to a counting station, means a person appointed under section 57(1) as a counting officer for that counting station; (L.N. 163 of 2021)counting station (點票站) means a counting station designated under section 28 and includes a ballot paper sorting station; (L.N. 134 of 2009)counting zone (點票區) means an area set apart as a counting zone under section 58(1);dedicated polling station (專用投票站) means a place designated as a dedicated polling station under section 28; (L.N. 134 of 2009)Deputy Presiding Officer (副票站主任) means a polling officer designated as a Deputy Presiding Officer under section 31(2)(a); (L.N. 163 of 2021)election (選舉) has the meaning assigned to it by section 2(1) of the Election Ordinance; election advertisement (選舉廣告), in relation to an election, means— (a) a publicly exhibited notice, leaflet, circular, bill, booklet, placard or poster; (b) a notice, leaflet, circular, bill, booklet, placard or poster delivered by hand or electronic transmission; (c) a public announcement made by radio or television or by video or cinematographic film; or (d) any other form of publication, published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election; (11 of 2012 s. 19) election agent (選舉代理人) means an election agent appointed under section 22;election expense agent (選舉開支代理人) means an election expense agent appointed under section 23;election expenses (選舉開支) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);Election Ordinance (《選舉條例》) means the Rural Representative Election Ordinance (Cap. 576); (5 of 2014 s. 2)elector (選民) has the meaning assigned to it by section 2(1) of the Election Ordinance;electoral officer (選舉事務主任) has the meaning assigned to it by section 2(1) of the Election Ordinance and includes a Presiding Officer, a polling officer and a counting officer;Electoral Registration Officer (選舉登記主任) has the meaning assigned to it by section 2(1) of the Election Ordinance;Existing Village (現有鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance;final register (正式選民登記冊) has the meaning assigned to it by section 2(1) of the Election Ordinance;identity card (身分證) has the meaning assigned to it by section 2(1) of the Election Ordinance;identity document (身分證明文件) has the meaning assigned to it by section 2(1) of the Election Ordinance; 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. 134 of 2009) Indigenous Inhabitant Representative (原居民代表) has the meaning assigned to it by section 2(1) of the Election Ordinance;Indigenous Village (原居鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance;Kaifong Representative (街坊代表) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37) 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. 134 of 2009) Market Town (墟鎮) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37)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. 134 of 2009)no canvassing zone (禁止拉票區) means an area determined to be a no canvassing zone under section 34;no staying zone (禁止逗留區) means an area determined to be a no staying zone under section 34;nomination period (提名期) means the period determined under section 5;Officer-in-charge (主管), in relation to a counting station, means—(a) for a counting station other than a ballot paper sorting station—(i) if a Presiding Officer is appointed under section 57(1B) for that counting station—the Presiding Officer; or(ii) if no such Presiding Officer is appointed—(A) if the counting station is used for counting the votes for 1 Rural Area—the Returning Officer appointed for that Rural Area; or(B) if the counting station is used for counting the votes for more than one Rural Area—any of the Returning Officers appointed for those Rural Areas; or(b) for a ballot paper sorting station—the Assistant Returning Officer appointed under section 57(1A) to preside at that station; (L.N. 163 of 2021) 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 4(1) or 6 in respect of an election; and(ii) the date of publication of the result of the election under the Rural Representative Election Ordinance (Cap. 576) or the date of the declaration of the failure or termination of the election under that Ordinance, whichever is the later; (12 of 2014 s. 95) political body (政治性團體) has the meaning assigned to it by section 2(1) of the Societies Ordinance (Cap. 151);poll (投票) means a poll taken under section 31 of the Election Ordinance;polling agent (監察投票代理人) means a polling agent appointed under section 36; polling day (投票日), in relation to— (a) a rural ordinary election, means the date specified under section 20(3)(a) of the Election Ordinance; or (b) a rural by-election, means the date referred to in section 6(c); (5 of 2014 s. 2) polling hours (投票時間) means the hours for polling appointed under section 27 or 77(1) or (2);polling officer (投票站人員), in relation to a polling station, means a polling officer appointed under section 31(1) for that polling station;polling station (投票站) means a polling station designated under section 28 and includes a dedicated polling station; (L.N. 134 of 2009)postponement (延遲), in relation to a poll or the counting of the votes in respect of a poll, means a postponement under section 72(1), and postponed (延遲) shall be construed accordingly;Presiding Officer (票站主任) means—(a) in relation to a polling station, the person appointed under section 31(1)(a) as the Presiding Officer for that polling station; or(b) in relation to a counting station, the person appointed under section 57(1B) as the Presiding Officer for that counting station; (L.N. 163 of 2021)principal residential address (主要住址) has the meaning assigned to it by section 2(1) of the Election Ordinance;Resident Representative (居民代表) has the meaning assigned to it by section 2(1) of the Election Ordinance;Returning Officer (選舉主任) has, subject to subsection (3), the meaning assigned to it by section 2(1) of the Election Ordinance;Rural Area (鄉郊地區) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37)rural by-election (鄉郊補選) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37)rural by-election notice (鄉郊補選公告) means a notice published under section 6; (5 of 2014 s. 37) rural election notice (鄉郊選舉公告) means a notice published under section 4; (5 of 2014 s. 37) rural ordinary election (鄉郊一般選舉) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37) Rural Representative (鄉郊代表) has the same meaning as in section 2(1) of the Election Ordinance; (5 of 2014 s. 37)specified form (指明格式) means, in a particular provision of this Regulation, the form specified under section 84 for the purposes of that provision;spoilt ballot paper (損壞的選票) means a ballot paper endorsed in the manner described in section 52(3);unused ballot paper (未用的選票) means a ballot paper that has been issued but not put into a ballot box, whether or not it has been endorsed in the manner described in section 51;verification statement (核實報表) means a statement prepared under section 60A(1)(d), 60B(1)(d), (5)(c) or (6)(c), 61(3)(b) or 64(1)(d); (L.N. 134 of 2009; L.N. 77 of 2011; 12 of 2014 s. 73; L.N. 163 of 2021)Village (鄉村) has the meaning assigned to it by section 2(1) of the Election Ordinance. (5 of 2014 s. 37)(5 of 2014 s. 37)(2) In this Regulation—(a) in sections 20(8), 79, 80 and 82 and Parts 4 (except section 32), 5, 6 and 7, a reference to a candidate shall be construed as a reference to a validly nominated candidate standing for an election;(b) in sections 9(1), 22 and 32, a reference to a candidate includes a reference to a person who is being or has been nominated to stand for an election;(c) in sections 23 and 26 and Part 10, a reference to a candidate includes a reference to a person who has publicly declared an intention to stand for an election at any time before the close of nominations; and (11 of 2012 s. 19)(d) in section 24, a reference to a candidate includes a reference to a person referred to in paragraph (b) or (c).(3) In this Regulation—(a) subject to paragraph (b), a reference to the Returning Officer is, in relation to a Rural Area, a reference to the Returning Officer appointed for that Rural Area; and (L.N. 163 of 2021)(b) in sections 33(1), 35(1), (5) and (6), 37(9), 38(1), (2), (3)(j), (4), (7) and (8) and 82(1)(e), a reference to the Returning Officer is, in relation to a polling station used for polling for more than one Rural Area, a reference to any of the Returning Officers appointed for those Rural Areas. (L.N. 134 of 2009; L.N. 163 of 2021)(c)-(d) (Repealed L.N. 163 of 2021)(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 shall be construed as entitling or permitting the candidate or the agent to do it in a polling station, counting station, counting zone or in relation to the counting of the votes for the Rural Area for which the candidate is standing for election or for which the agent is appointed, as the case may be. (5 of 2014 s. 2) 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 4(1) or 6 in respect of an election; and(ii) the date of publication of the result of the election under the Rural Representative Election Ordinance (Cap. 576) or the date of the declaration of the failure or termination of the election under that Ordinance, whichever is the later.(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 Part 8.(12 of 2014 s. 15) 3. Application (1) Except where otherwise stated, this Regulation applies to a rural ordinary election and a rural by-election.(2) Parts 4, 5 and 6 are to be read, in their application to a rural by-election, subject to necessary modifications.(5 of 2014 s. 2) Part 2 Nomination of Candidates and other Stages of an Election before the Poll (Format changes—E.R. 3 of 2014) 3A. Interpretation (Part 2) In this Part—relevant particulars (有關詳情), in relation to the principal residential address of a candidate for an election of Resident Representative or Kaifong Representative, means the following particulars of that address—(a) the region, and the District as defined by section 2 of the District Councils Ordinance (Cap. 547);(b) for an election of Resident Representative for an Existing Village—the name of the Existing Village as specified in column 1 of Schedule 1 to the Election Ordinance;(c) for an election of Kaifong Representative for a Market Town—the name of the Market Town as specified in column 1 of Schedule 3A to the Election Ordinance.(L.N. 163 of 2021) 4. Director of Home Affairs to publish rural election notice (5 of 2014 s. 2)(1) As soon as practicable after a notice is given under section 20(3)(b) of the Election Ordinance, the Director of Home Affairs shall publish in the Gazette a notice which states—(a) the name of the Rural Area for which the rural ordinary election is to be held;(b) the number of Rural Representatives (specifying whether they are Resident Representatives, Indigenous Inhabitant Representatives or Kaifong Representatives) to be returned for the Rural Area at the rural ordinary election; (5 of 2014 s. 38)(c) the nomination period determined under section 5 within which nomination forms for the rural ordinary election are to be delivered to the Returning Officer;(d) the address of the office of the Returning Officer at which nomination forms must be delivered;(e) that nomination forms must be delivered during ordinary business hours;(f) that a poll will be held on the polling day if the number of validly nominated candidates for the Rural Area exceeds the number of Rural Representatives to be returned for that Rural Area at the rural ordinary election; and(g) any other information that the Director of Home Affairs considers appropriate.(2) For the purposes of subsection (1), one notice may be published for more than one Rural Area.(5 of 2014 s. 2) 5. Director of Home Affairs to determine nomination period (1) Subject to subsections (2) and (3), the nomination period shall be determined by the Director of Home Affairs.(2) The nomination period—(a) for a rural ordinary election shall not begin earlier than the day on which the rural election notice is published in the Gazette; or(b) for a rural by-election shall not begin earlier than the day on which the rural by-election notice is published in the Gazette. (5 of 2014 s. 2)(3) The nomination period—(a) shall not be less than 7 days; and(b) shall end not less than 12 days before the polling day.(4) Despite subsection (3), the nomination period may end during the period of 12 days before the polling day if the nomination period is extended under section 2A(3). (12 of 2014 s. 16) 6. Director of Home Affairs to publish rural by-election notice if a rural by-election is to be held (5 of 2014 s. 2)Subject to section 21(2) and (3) of the Election Ordinance, as soon as practicable after a declaration referred to in section 21(1)(a), (b), (c) or (d) of that Ordinance is made, in order to hold a rural by-election for the purposes of section 21(1) of that Ordinance, the Director of Home Affairs shall publish in the Gazette a notice which states— (5 of 2014 s. 2)(a) the name of the Rural Area for which the rural by-election is to be held;(b) the number of Rural Representatives (specifying whether they are Resident Representatives, Indigenous Inhabitant Representatives or Kaifong Representatives) to be returned for the Rural Area at the rural by-election; (5 of 2014 s. 39)(c) the date for holding the rural by-election;(d) the nomination period determined under section 5 within which nomination forms for the rural by-election are to be delivered to the Returning Officer;(e) the address of the office of the Returning Officer at which nomination forms must be delivered;(f) that nomination forms must be delivered during ordinary business hours;(g) that a poll will be held on the polling day if the number of validly nominated candidates for the Rural Area exceeds the number of Rural Representatives to be returned for that Rural Area at the rural by-election; and(h) any other information that the Director of Home Affairs considers appropriate.(5 of 2014 s. 2) 7. How to nominate a candidate (1) A nomination form nominating a person as a candidate shall—(a) be in the specified form;(b) contain a declaration by the person that he—(i) is eligible to be;(ii) is not disqualified from being; and(iii) consents to be,so nominated;(c) contain the following information about the person—(i) the name shown on the person’s identity document;(ii) the number of the person’s identity document;(iii) for an election of Resident Representative or Kaifong Representative—the person’s principal residential address;(iv) for an election of Indigenous Inhabitant Representative—the person’s address; (L.N. 163 of 2021)(d) contain the following information about each subscriber to the nomination form—(i) the name shown on the subscriber’s identity document;(ii) the number of the subscriber’s identity document;(iii) for an election of Resident Representative or Kaifong Representative—the subscriber’s principal residential address; (L.N. 163 of 2021)(e) be signed by—(i) the person;(ii) a holder of an identity document, who has attained the age of 18 years, as the witness to the signature of the person; and(iii) each subscriber to the nomination form; and(f) be delivered—(i) by the person in person or in any other manner authorized by the Returning Officer;(ii) at the address stated in the relevant rural election notice or rural by-election notice, as the case may be; (5 of 2014 s. 2)(iii) during ordinary business hours; and(iv) together with the declaration referred to in section 24 of the Election Ordinance.(2) A nomination form nominating a person as a candidate may include a name of the person which is different from that shown on his identity document if the Returning Officer is satisfied that the person is usually known by that name.(3) The Returning Officer may require a person who is nominated as a candidate to furnish such information which is not covered by the nomination form as that Officer considers necessary in order to be satisfied—(a) that the person is eligible to be nominated; or(b) as to the validity of the nomination. 8. 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. 9. Returning Officer may give opportunity to rectify a nomination form (1) If the Returning Officer—(a) detects on the nomination form of a candidate an error or omission or anything which may affect the validity of the nomination form; and(b) considers that it can be rectified within the nomination period, that Officer may, before making a decision under section 27 of the Election Ordinance, give the candidate a reasonable opportunity to rectify it.(2) A nomination form cannot be rectified under this section after the close of nominations. 10. Returning Officer to decide whether candidates are validly nominated (1) The Returning Officer shall, as soon as practicable after receiving the nomination form of a candidate, decide under section 27 of the Election Ordinance whether the candidate is validly nominated.(2) If sections 22, 23, 24 and 25 of the Election Ordinance are complied with, the candidate stands validly nominated unless—(a) the Returning Officer decides that the nomination form is invalid; or(b) the candidate withdraws his candidature.(3) Without prejudice to sections 22, 23, 24 and 25 of the Election Ordinance, the Returning Officer may decide that a nomination form is invalid if and only if—(a) the nomination form has not been signed by at least 5 subscribers qualified to subscribe to the nomination form under section 25 of the Election Ordinance;(b) the nomination form has not been completed or signed as required under this Regulation;(c) the Returning Officer is satisfied that the candidate is not eligible to be or is disqualified from being nominated as a candidate under the Election Ordinance;(d) (in the case that the nomination form relates to a particular Rural Area) the candidate has been currently nominated for another Rural Area, and the Returning Officer is satisfied that the other candidature has not been withdrawn or decided to be invalid; or (5 of 2014 s. 2)(e) the Returning Officer is satisfied that the candidate is dead. 11. Returning Officer to endorse invalid nomination forms If the Returning Officer decides that a nomination form or the nomination of a candidate is invalid, he shall—(a) endorse on the nomination form the decision and the reason for it; and(b) sign the endorsement. 12. Returning Officer to notify decision on validity of nomination (1) The Returning Officer shall, as soon as practicable after deciding that a person is validly nominated as a candidate or is not so nominated, send a written notice of the decision to the person and to each validly nominated candidate for election for the Rural Area concerned. (5 of 2014 s. 2)(2) A notice under subsection (1) must be sent to—(a) for an election of Resident Representative or Kaifong Representative—the principal residential address of the person concerned contained in the nomination form; or(b) for an election of Indigenous Inhabitant Representative—the address of the person concerned contained in the nomination form. (L.N. 163 of 2021) 13. Nomination forms to be available for inspection A copy of each of the nomination forms received by the Returning Officer shall be made available for inspection by the public—(a) free of charge;(b) at an office of the Returning Officer specified by him; and(c) during ordinary business hours,until the result of election is published under section 36 of the Election Ordinance. 14. Withdrawal of candidature (1) A withdrawal of candidature under section 26 of the Election Ordinance is effected by delivering a notice of withdrawal to the Returning Officer before the close of nominations.(2) A notice of withdrawal shall—(a) be in the specified form;(b) bear the signature of the candidate, which shall be attested by a witness, and bear the witness’ signature; and(c) be delivered—(i) by the candidate in person or his election agent in person;(ii) at an office of the Returning Officer specified by him; and(iii) during ordinary business hours. 15. Returning Officer to publish a notice of particulars of validly nominated candidates (1) A notice under section 27(2) of the Election Ordinance shall—(a) be in the specified form;(b) be published in the Gazette by the Returning Officer within 14 days after the close of nominations; and(c) state the following information about each validly nominated candidate for election for the Rural Area concerned—(i) the candidate’s name;(ii) the candidate number;(iii) for an election of Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iv) for an election of Indigenous Inhabitant Representative—the candidate’s address. (L.N. 163 of 2021)(2) For the purposes of subsection (1), one notice may be published for more than one Rural Area.(3) If one notice is to be published for more than one Rural Area under this section, the notice shall be published by the Returning Officers for those Rural Areas.(5 of 2014 s. 2) 16. Returning Officer to declare candidate to be duly elected in uncontested election (1) A declaration under section 29(1) of the Election Ordinance shall be made by the Returning Officer in the notice published for the Rural Area concerned in accordance with section 15 or in a separate notice.(2) A separate notice under subsection (1) shall—(a) be in the specified form;(b) be published in the Gazette within 14 days after the close of nominations; and(c) state the following information about the candidate declared to be duly elected as a Resident Representative, an Indigenous Inhabitant Representative or a Kaifong Representative, as the case may be, for the Rural Area—(i) the candidate’s name;(ii) for a Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an Indigenous Inhabitant Representative—the candidate’s address. (L.N. 163 of 2021)(5 of 2014 s. 2) 17. Returning Officer to notify and declare if a validly nominated candidate is known before date of election to have died (1) A notice under section 28(1) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the death of a validly nominated candidate comes to the knowledge of that Officer, to—(a) the Director of Home Affairs; and(b) if practicable, each candidate who remains validly nominated for election for the Rural Area concerned.(2) The Returning Officer—(a) shall—(i) endorse on the nomination form of the deceased candidate that the candidate has died; and(ii) sign the endorsement; and(b) may on the polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place— (L.N. 77 of 2011)(i) immediately outside each polling station (other than a dedicated polling station) used for polling for the Rural Area; and(ii) inside each dedicated polling station used for polling for the Rural Area. (L.N. 77 of 2011)(3) Declarations under section 28(2) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the death of the candidate comes to the knowledge of that Officer—(a) 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 that Officer considers appropriate in the circumstances.(4) A notice under subsection (2)(b) or (3)(a) or (b) shall state—(a) the following information about the deceased candidate—(i) the candidate’s name;(ii) for an election of Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an election of Indigenous Inhabitant Representative—the candidate’s address; (L.N. 163 of 2021)(b) whether the deceased candidate was nominated for election— (5 of 2014 s. 41)(i) as a Resident Representative for an Existing Village;(ii) as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village; or(iii) as a Kaifong Representative for a Market Town; (5 of 2014 s. 41)(ba) the name of the Rural Area for which the deceased candidate was nominated; and (5 of 2014 s. 41)(c) the following information about each candidate who remains validly nominated for election for the Rural Area—(i) the candidate’s name;(ii) for an election of Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an election of Indigenous Inhabitant Representative—the candidate’s address. (L.N. 163 of 2021)(5) A public announcement under subsection (3)(c) shall state—(a) the name of the deceased candidate;(b) whether the deceased candidate was nominated for election— (5 of 2014 s. 41) (i) as a Resident Representative for an Existing Village;(ii) as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village; or(iii) as a Kaifong Representative for a Market Town; (5 of 2014 s. 41)(ba) the name of the Rural Area for which the deceased candidate was nominated; and (5 of 2014 s. 41)(c) the name of each candidate who remains validly nominated for election for the Rural Area. (6) If, before the death of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Rural Representative for the Rural Area— (5 of 2014 s. 2)(a) subsections (1), (2), (3), (4) and (5) and section 19 do not apply; and(b) a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.(5 of 2014 s. 2) 18. Returning Officer to notify and declare if a validly nominated candidate is known before date of election to be disqualified (1) A notice under section 28(4) of the Election Ordinance shall be given in writing by the Returning Officer, as soon as practicable after the disqualification of a validly nominated candidate comes to the knowledge of that Officer, to—(a) the Director of Home Affairs; and(b) if practicable, each candidate who remains validly nominated for election for the Rural Area concerned.(2) The Returning Officer—(a) shall—(i) endorse on the nomination form of the disqualified candidate that that Officer’s decision made under section 27(1) of the Election Ordinance in relation to that candidate is varied and the reason for it; and(ii) sign the endorsement; and(b) may on the polling day, if that Officer considers it appropriate to do so, display a notice in a prominent place— (L.N. 77 of 2011)(i) immediately outside each polling station (other than a dedicated polling station) used for polling for the Rural Area; and(ii) inside each dedicated polling station used for polling for the Rural Area. (L.N. 77 of 2011)(3) Declarations under section 28(5) of the Election Ordinance shall be made by the Returning Officer, as soon as practicable after the disqualification of the candidate comes to the knowledge of that Officer—(a) 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 that Officer considers appropriate in the circumstances.(4) A notice under subsection (2)(b) or (3)(a) or (b) shall state—(a) the following information about the disqualified candidate—(i) the candidate’s name;(ii) for an election of Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an election of Indigenous Inhabitant Representative—the candidate’s address; (L.N. 163 of 2021)(b) whether the disqualified candidate was nominated for election— (5 of 2014 s. 42)(i) as a Resident Representative for an Existing Village;(ii) as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village; or(iii) as a Kaifong Representative for a Market Town; (5 of 2014 s. 42)(ba) the name of the Rural Area for which the disqualified candidate was nominated; (5 of 2014 s. 42)(c) that the decision of the Returning Officer made under section 27(1) of the Election Ordinance has been varied to the effect that the candidate is not validly nominated; and(d) the following information about each candidate who remains validly nominated for election for the Rural Area—(i) the candidate’s name;(ii) for an election of Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an election of Indigenous Inhabitant Representative—the candidate’s address. (L.N. 163 of 2021)(5) A public announcement under subsection (3)(c) shall state—(a) the name of the disqualified candidate;(b) whether the disqualified candidate was nominated for election— (5 of 2014 s. 42)(i) as a Resident Representative for an Existing Village;(ii) as an Indigenous Inhabitant Representative for an Indigenous Village or a Composite Indigenous Village; or(iii) as a Kaifong Representative for a Market Town; (5 of 2014 s. 42)(ba) the name of the Rural Area for which the disqualified candidate was nominated; and (5 of 2014 s. 42)(c) the name of each candidate who remains validly nominated for election for the Rural Area.(6) If, before the disqualification of the candidate comes to the knowledge of the Returning Officer, that Officer has publicly declared under section 29(1) of the Election Ordinance that the candidate was duly elected as a Rural Representative for the Rural Area— (5 of 2014 s. 2)(a) subsections (1), (2), (3), (4) and (5) and section 19 do not apply; and(b) a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.(5 of 2014 s. 2) 19. Returning Officer to declare no poll under certain circumstances upon death or disqualification of validly nominated candidate known before date of election (1) If, after the death referred to in section 17(1) or the disqualification referred to in section 18(1)—(a) the number of candidates remaining validly nominated for election for the Rural Area concerned is equal to the number of Rural Representatives to be returned for the Rural Area at the election; (b) no candidate remains validly nominated for election for the Rural Area concerned; or(c) the number of candidates remaining validly nominated for election for the Rural Area concerned is less than the number of Rural Representatives to be returned for the Rural Area at the election, the Returning Officer shall, by such means as referred to in section 17(3) or 18(3), as the case may be, declare that no poll is to be held for the Rural Area.(2) The Returning Officer shall in the notice under section 17(3)(a) or 18(3)(a), as the case may be, or in a separate notice—(a) (in the case referred to in subsection (1)(a)) declare, for the purposes of section 29(1) of the Election Ordinance, the remaining candidate or candidates as being duly elected as a Rural Representative or Rural Representatives for the Rural Area;(b) (in the case referred to in subsection (1)(b)) declare, for the purposes of section 29(2) of the Election Ordinance, the election to have failed; or(c) (in the case referred to in subsection (1)(c)) declare—(i) for the purposes of section 29(1) of the Election Ordinance, the remaining candidate or candidates as being duly elected as a Rural Representative or Rural Representatives for the Rural Area; and(ii) for the purposes of section 29(2) of that Ordinance, the election to have failed to the extent that the number of candidates remaining validly nominated for election for the Rural Area was less than the number of Rural Representatives to be returned for the Rural Area at the election.(3) A separate notice containing a declaration referred to in subsection (2)(a) or (c)(i) shall—(a) be in the specified form;(b) be published in the Gazette as soon as practicable after the publication of the notice under section 17(3)(a) or 18(3)(a), as the case may be; and(c) state the following information about each candidate declared to be duly elected as a Rural Representative for the Rural Area—(i) the candidate’s name;(ii) for a Resident Representative or Kaifong Representative—the relevant particulars of the candidate’s principal residential address contained in the candidate’s nomination form;(iii) for an Indigenous Inhabitant Representative—the candidate’s address. (L.N. 163 of 2021)(4) A separate notice containing a declaration referred to in subsection (2)(b) or (c)(ii) shall be published in the Gazette as soon as practicable after the publication of the notice under section 17(3)(a) or 18(3)(a), as the case may be.(5) If a declaration referred to in subsection (2)(b) or (c)(ii) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.(5 of 2014 s. 2) 20. Returning Officer to declare termination of election proceedings and procedure after termination (1) A declaration under section 30(1) of the Election Ordinance shall be made by the Returning Officer by notice—(a) signed by that Officer;(b) displayed in a prominent place immediately outside each polling station used for polling for the Rural Area concerned; and (5 of 2014 s. 2)(c) stating the reason for, and the date and time of, the termination of the proceedings for the election concerned.(2) A notice under subsection (1) shall be published in the Gazette as soon as practicable after the declaration referred to in that subsection is made.(2A) If a notice is displayed under subsection (1), the Commissioner of Correctional Services or the head of a law enforcement agency must, as soon as practicable, inform all electors in custody detained by him or her who have not yet voted in the poll of the declaration. (L.N. 77 of 2011)(3) If the death or disqualification of a validly nominated candidate, which is the reason for the termination of the election proceedings, comes to the knowledge of the Returning Officer on the date of election but before the close of the poll for the Rural Area, that Officer shall direct that the poll be abandoned. (5 of 2014 s. 2)(4) When a poll is abandoned under this section, the Presiding Officer at the polling station or each polling station used for polling for the Rural Area shall take the steps he is required to take under this Regulation for the delivery to the Returning Officer of the ballot box or ballot boxes, ballot papers and other materials relating to the election at the close of the poll. (5 of 2014 s. 2)(5) For the purposes of subsection (4), the requirement in section 54 relating to the preparation of a ballot paper account does not apply.(6) The Returning Officer shall—(a) open the ballot box or ballot boxes delivered to him; and(b) make up into separate sealed packets—(i) all ballot papers in the ballot box or each of the ballot boxes, without separating or counting them or counting the votes; and(ii) all other ballot papers delivered to him from the polling station or each polling station.(7) Sections 70 and 71 apply to the ballot papers and materials delivered to the Returning Officer under subsection (4) as if they were ballot papers and documents sent to the Director of Home Affairs under section 69.(8) When a poll is abandoned under this section, the Returning Officer shall, as far as practicable and in such manner as that Officer considers appropriate, notify—(a) the Commission;(b) the Director of Home Affairs; and(c) the candidates for election for the Rural Area or their respective election agents. (5 of 2014 s. 2)(9) If a declaration referred to in subsection (1) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance. (5 of 2014 s. 2) 21. Returning Officer to declare failure of election under certain circumstances upon death or disqualification of validly nominated candidate known after close of poll (1) If the death or disqualification of a validly nominated candidate comes to the knowledge of the Returning Officer after the close of the poll but before the declaration of the result of the election for the Rural Area concerned, that Officer shall direct that the counting of the votes is to begin or continue, as the case may be, as if the death or disqualification had not occurred.(2) If, after the votes are counted, the deceased or disqualified candidate is found to be not successful at the election, the Returning Officer shall declare the successful candidate or candidates to be elected in accordance with section 66(1).(3) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the election, the Returning Officer—(a) shall not declare that candidate to be elected; and(b) shall make a declaration under section 30(3) of the Election Ordinance.(4) A declaration referred to in subsection (3)(b) shall be made—(a) by notice—(i) signed by the Returning Officer; and(ii) displayed in a prominent place immediately outside the counting station for counting the votes for the Rural Area; and(b) by a public announcement—(i) made in the counting station for counting the votes for the Rural Area; and(ii) made—(A) by radio or television; or(B) by such other means as the Returning Officer considers appropriate in the circumstances.(5) A notice under subsection (4)(a) shall—(a) state—(i) that the election has failed and the reason for it; or(ii) (in the case referred to in section 30(3)(b) of the Election Ordinance) that the election has failed to the extent that the number of candidates returned for the Rural Area at the election was less than the number of Rural Representatives to be returned for that Rural Area at the election; and(b) be published in the Gazette as soon as practicable after the declaration referred to in subsection (3)(b) is made.(6) If a declaration referred to in subsection (3)(b) is made, a rural by-election shall be arranged, subject to section 21(2) and (3) of the Election Ordinance, under section 21(1) of that Ordinance.(5 of 2014 s. 2) Part 3 Election Agents and Election Expense Agents (Format changes—E.R. 3 of 2014) 22. Appointment of election agent (1) Each candidate may appoint one person as his election agent.(2) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as an election agent.(3) An election agent appointed by a candidate may do all things which the candidate may do or is required to do under this Regulation in connection with an election except— (12 of 2014 s. 78)(a) making a declaration referred to in section 24 of the Election Ordinance or section 7(1)(b);(b) signing a nomination form as the candidate being nominated;(c) signing a notice of withdrawal of candidature referred to in section 14(2) as the candidate;(d) appointing an election agent under subsection (1);(e) appointing an election expense agent under section 23;(f) incurring election expenses on behalf of the candidate, unless he has also been appointed by the candidate as the candidate’s election expense agent under section 23; (L.N. 134 of 2009)(g) revoking the appointment of an election agent or election expense agent under section 24(4); (L.N. 134 of 2009)(h) subject to paragraph (i), being present in a dedicated polling station situated in a prison unless, upon an application in the specified form delivered by hand, by post, by electronic mail or by facsimile transmission to the Returning Officer at least one week before polling day, the Commissioner of Correctional Services consents to his presence; and (L.N. 134 of 2009; 12 of 2014 s.61)(i) being present in a dedicated polling station situated in a maximum security prison. (L.N. 134 of 2009)(3A) The Commissioner of Correctional Services must not give consent under subsection (3)(h) if he has given consent under section 37(1A) to a polling agent of the same candidate. (L.N. 134 of 2009)(3B) Despite subsection (3)(h), the Commissioner of Correctional Services may, upon an application made under that subsection during the week before polling day, give consent under that subsection if he is satisfied that— (12 of 2014 s. 61)(a) an elector in custody who is entitled to vote at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and(b) the application is made without undue delay after the admission or transfer. (L.N. 134 of 2009; 12 of 2014 s. 61)(3C) If the Commissioner of Correctional Services refuses to give consent under subsection (3)(h), he must notify the candidate or the election agent as soon as practicable. (L.N. 134 of 2009)(4) Subject to subsection (3), any act which purports to be done by an election agent in his capacity as such on behalf of the candidate who appointed him shall be as effective as if it had been done by the candidate in person. (5) A notice under section 25(1), 34(2) or (5), 42(4) or 55(3) given to the election agent of a candidate shall be regarded as having been given to the candidate. 23. Appointment of election expense agent (1) Each candidate may appoint any number of persons as his election expense agents.(2) Only a person who has attained the age of 18 years may be appointed as an election expense agent.(3) An election expense agent appointed by a candidate shall, by virtue of the appointment, be authorized to incur election expenses on behalf of the candidate as his agent. 24. Provisions applicable to appointment of agents (1) In this section—(a) agent (代理人) means an election agent or election expense agent; and(b) a reference to the Returning Officer shall be construed as a reference to the Returning Officer appointed for the Rural Area for which the candidate concerned is standing for election, or a reference to the Director of Home Affairs if the Returning Officer has not been appointed. (5 of 2014 s. 2)(2) An appointment of an agent is effected by giving a notice of appointment to the Returning Officer.(3) A notice of appointment must— (12 of 2014 s. 62)(a) be in the specified form;(ab) be delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of an appointment made on polling day) by post; (12 of 2014 s. 62)(b) (Repealed 12 of 2014 s.

62)(c) state the name and the address of the agent;(d) state—(i) for an election agent—the identity card number of the agent; and(ii) for an election expense agent—the identity document number of the agent; and (1 of 2019 s. 85)(e) be signed by the candidate and the agent.(4) The appointment of an agent may be revoked by giving a notice of revocation to the Returning Officer.(5) A notice of revocation must be— (12 of 2014 s. 62)(a) in the specified form;(ab) delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of revocation of appointment made on polling day) by post; and (12 of 2014 s. 62)(b) (Repealed 12 of 2014 s. 62)(c) signed by the candidate.(6) If an agent dies or the appointment of an agent is revoked, the candidate may, subject to this Part, appoint another person as an agent to replace the first-mentioned agent.(7) The appointment of or revocation of the appointment of an agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer.(8) The Returning Officer shall display a notice of the particulars of the election agents in a prominent place immediately outside his office.(9) All notices of appointment of election expense agents given by any candidate under subsection (2) shall be made available for inspection by the public—(a) free of charge;(b) at an office of the Returning Officer specified by him; and(c) during ordinary business hours, until the end of the period during which the copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). 25. Other candidates to be notified of particulars of election agent (1) After receiving a notice of appointment of an election agent given by a candidate, the Returning Officer shall send a notice to every other candidate for the election concerned.(2) A notice under subsection (1) shall—(a) be in the specified form;(b) state the name and the address of the agent; (L.N. 163 of 2021)(c) state the name of the candidate who appoints the agent; and(d) be sent—(i) (if the notice of appointment is received before the close of nominations) as soon as practicable after the close of nominations; or(ii) (in any other case) as soon as practicable after the receipt of the notice of appointment. 26. Limit of expenses for election expense agent (1) A candidate who appoints an election expense agent shall set the maximum amount of election expenses that the agent may incur on his behalf.(2) The amount set under subsection (1) by a candidate in relation to an election expense agent shall be specified in the notice of appointment of the agent. Part 4 Polling Arrangement (Format changes—E.R. 3 of 2014) 27. Appointment of polling hours (1) The hours during which electors can cast their votes on the polling day shall be appointed by the Director of Home Affairs in accordance with this section.(1A) The Director of Home Affairs may appoint different polling hours for different Rural Areas and for different polling stations. (L.N. 134 of 2009; 5 of 2014 s. 2)(1B) The Commissioner of Correctional Services may assign a time slot during the polling hours appointed for a dedicated polling station situated in a prison to an elector in custody to whom the polling station is allocated under section 28A. (L.N. 134 of 2009)(1C) Subject to section 46, an elector to whom a time slot is assigned under subsection (1B) may only cast his vote during the time slot. (L.N. 134 of 2009)(1D) The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all electors to whom time slots are assigned under subsection (1B) of the time slot assigned to each of them. (L.N. 134 of 2009)(2) The Director of Home Affairs shall appoint the polling hours so as to give the electors a reasonable opportunity to vote.(2A) The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 134 of 2009)(3) The Director of Home Affairs shall, at least 10 days before the polling day, publish in the Gazette a notice specifying the polling hours for the Rural Area concerned. (5 of 2014 s. 2)(4) For the purposes of subsection (3), one notice may be published for more than one Rural Area. (5 of 2014 s. 2)(5) The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, extend the polling hours for any Rural Area or any polling station. (5 of 2014 s. 2)(6) If the Director of Home Affairs extends the polling hours under subsection (5), he shall give notice of the extension—(a) by a public announcement made by radio or television; or(b) by such other means as he considers appropriate in the circumstances. 28. Designation of polling stations, ballot paper sorting stations and counting stations ( L.N. 134 of 2009)(1) The Director of Home Affairs shall designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 134 of 2009; 12 of 2014 s. 103)(a) one or more places as a polling station or polling stations for conducting the poll for a Rural Area;(b) one or more places as a dedicated polling station or dedicated polling stations at which electors in custody are allocated to vote in the poll for a Rural Area;(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 the poll for a Rural Area in a rural ordinary election or, where the Director of Home Affairs considers appropriate, a rural by-election; and (L.N. 197 of 2009)(d) one or more places as a counting station or counting stations for counting the votes cast at the polling station or polling stations used in the poll for a Rural Area. (L.N. 134 of 2009; 5 of 2014 s. 2)(1AA) The Director of Home Affairs may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 163 of 2021)(1A) The Director of Home Affairs must indicate in the notice any polling station which, in his or her opinion, is suitable for use for voting by persons with a disability. (12 of 2014 s. 103)(2) The Director of Home Affairs may designate under subsection (1)—(a) any premises occupied by a Government department for official purposes; (L.N. 163 of 2021)(b) any structure, place or premises hired under subsection (3) or that is to be so hired; (L.N. 134 of 2009; L.N. 163 of 2021)(c) any school in respect of which a grant is made out of the general revenue; (L.N. 163 of 2021)(d) a building occupied by an organization, association or body in respect of which a grant is made out of the general revenue; or (L.N. 163 of 2021)(e) any other structure, premises, whether permanent or temporary, mobile or otherwise, or place, that the Director considers suitable for a purpose specified in subsection (1). (L.N. 163 of 2021)(3) The Director of Home Affairs may hire any structure, place or premises, or a part of a structure, place or premises, for use as a polling station or a counting station.(4) The Director of Home Affairs shall, 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 its having been used as a polling station or a counting station. (L.N. 134 of 2009 and L.N. 197 of 2009)(5) The Director of Home Affairs may take such steps as he considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any structure, place or premises as a polling station or a counting station.(6) A designation under subsection (1) may be made by reference to a map or plan.(7) If a designation has been made by reference to a map or plan, the Director of Home Affairs shall display the relevant map or plan referred to in subsection (6)— (L.N. 134 of 2009)(a) if the relevant polling station is not a dedicated polling station, in a prominent place immediately outside the polling station;(b) if the relevant polling station is a dedicated polling station, in a prominent place inside the polling station; and(c) in a prominent place immediately outside the relevant counting station. (L.N. 134 of 2009)(8) The Director of Home Affairs—(a) may make arrangements for polling for one or more than one Rural Area to take place at a polling station; and(b) may make arrangements for counting the votes for one or more than one Rural Area cast at the polling station or all the polling stations used for polling for the Rural Area or each of the Rural Areas to take place at a counting station. (5 of 2014 s. 2)(9) The Director of Home Affairs—(a) shall allocate to each elector a polling station to cast his vote; and(b) (in the case that an elector is entitled to vote in elections for more than one Rural Area) may allocate to such elector one polling station or more than one polling station to cast his votes. (5 of 2014 s. 2)(10) The Director of Home Affairs may, if he considers it appropriate to do so in the circumstances, allocate to an elector an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (9), to cast the vote or votes he is entitled to cast.(11) For the purposes of subsection (1), one notice may be published for more than one Rural Area. (5 of 2014 s. 2) 28AA. Director of Home Affairs may require certain premises for use as polling stations or counting stations (1) For the purposes of section 28(1)(a), (b), (c) or (d), the Director of Home Affairs may, by written notice, require an owner or occupier of any target premises to—(a) allow an authorized person to carry out a site visit at the premises for enabling the Director to determine whether the premises are suitable for use as a polling station or counting station in an election; and(b) if the Director 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 Director of Home Affairs 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 Director of Home Affairs; 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 Director of Home Affairs 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 28(2)(c) or (d) or any part of it.(L.N. 163 of 2021) 28A. Allocation of polling stations to electors in custody (1) The Director of Home Affairs may allocate to each elector in custody a dedicated polling station to cast the vote he is entitled to cast at an election.(2) To enable the Director of Home Affairs to perform his or her functions under this section in relation to electors, the Commissioner of Correctional Services must, upon a request by the Director of Home Affairs, provide the following information concerning every person who is serving a sentence of imprisonment or detained by the Correctional Services Department on remand—(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; (e) the date of birth of the person. (L.N. 77 of 2011) (3) To enable the Director of Home Affairs to perform his or her functions under this section in relation to electors, the head of any law enforcement agency must, upon a request by the Director of Home Affairs, provide the following information concerning every person who is detained by the law enforcement agency under any lawful authority—(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;(d) the date of birth of the person. (L.N. 77 of 2011) (L.N. 134 of 2009) 29. Director of Home Affairs to send polling notices to electors (1) The Director of Home Affairs shall send a polling notice in the specified form to each elector.(2) A polling notice shall—(a) state—(i) the date for holding the election for the Rural Area concerned;(ii) the address of the polling station at which the elector must cast his vote for the Rural Area; and(iii) the polling hours;(b) be accompanied by—(i) a map showing the location of the polling station;(ii) detailed voting instructions; and(iii) the means by which information on the counting of the votes for the Rural Area may be obtained; and(c) be sent at least 10 days before the polling day. (5 of 2014 s. 2)(2A) A polling notice sent to an elector who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the elector and sent, as far as practicable, to the prison. (L.N. 134 of 2009)(3) If an elector is entitled to vote in elections for more than one Rural Area, the Director of Home Affairs may send separate polling notices for each vote or send one polling notice for all the votes. (5 of 2014 s. 2)(4) Where an alternative polling station is allocated to an elector under section 28(10), the Director of Home Affairs shall, as soon as practicable, notify, in such manner as he considers appropriate—(a) the elector;(b) the Returning Officer or the relevant Returning Officers;(c) the Presiding Officer of the polling station previously allocated to the elector; and(d) the Presiding Officer of the alternative polling station. 30. Elector to vote at the correct polling station An elector may only cast his vote for a Rural Area at the polling station allocated to him for the Rural Area under section 28(9) or (10), as the case may be.(5 of 2014 s. 2) 31. Appointment of Presiding Officer and polling officers (1) The Returning Officer shall, for each polling station used for polling for the Rural Area concerned, appoint— (5 of 2014 s. 2)(a) a Presiding Officer to preside at the polling station; and(b) such number of polling officers as he considers appropriate to assist the Presiding Officer in the conduct of a poll.(2) The Returning Officer may designate—(a) one polling officer appointed for a polling station as the Deputy Presiding Officer for the polling station; and(b) any polling officer appointed for a polling station as an Assistant Presiding Officer for the polling station.(3) The Returning Officer shall supply to the Presiding Officer a list of the names of the polling officers appointed for the polling station for which the Presiding Officer is appointed.(4) If a polling station is used for polling for more than one Rural Area— (5 of 2014 s. 2)(a) the appointment under subsection (1) and the designation under subsection (2) shall be made by the Returning Officers for those Rural Areas; and (5 of 2014 s. 2)(b) the list referred to in subsection (3) shall be supplied by one of those Returning Officers.(5) The Presiding Officer shall display a list containing his name and the names of the polling officers appointed for the polling station in— (L.N. 77 of 2011)(a) (if the polling station is not a dedicated polling station) a prominent place immediately outside the station; or(b) (if the polling station is a dedicated polling station) a prominent place inside the station. (L.N. 77 of 2011)(6) The Presiding Officer appointed for a polling station may perform any act that the Presiding Officer is required or authorized to perform under this Regulation through a polling officer, but the power to adjourn a poll under section 73(1) must be exercised by the Presiding Officer personally. (L.N. 163 of 2021) 32. Copy of final register to be supplied to candidates and Returning Officer (1) As soon as practicable after a nomination form nominating a candidate is delivered to the Returning Officer, the Electoral Registration Officer shall supply to the candidate a copy of the final register for the Rural Area concerned. (5 of 2014 s. 2)(2) As soon as practicable after the publication of a notice under section 27(2) of the Election Ordinance, the Electoral Registration Officer shall supply to the Returning Officer a copy of the final register for the Rural Area concerned. (5 of 2014 s. 2)(3) The Electoral Registration Officer may add to the copy of the final register supplied under subsection (1) or (2) such particulars or information as that Officer considers appropriate.(4) Copies of the final register may be supplied in any or all of the following forms—(a) a printed form;(b) a non-legible form which is capable of being reproduced in a legible form by using a computer;(c) any other form determined by the Electoral Registration Officer. 33. Miscellaneous arrangements relating to voting (1) The Returning Officer shall provide, at the polling station or at each polling station to be used for polling for the Rural Area concerned, sufficient compartments to enable electors to vote, screened from observation. (5 of 2014 ss. 2 & 43)(2) The Returning Officer shall supply to the Presiding Officer appointed for the polling station or each polling station to be used for polling for the Rural Area concerned such number of ballot papers as he considers necessary for the polling for the Rural Area. (5 of 2014 s. 2)(3) The Returning Officer shall ensure that—(a) the name of any deceased or disqualified candidate for the Rural Area concerned regarding whom— (5 of 2014 s. 2)(i) a notice referred to in section 17(1) or 18(1) has been given; or(ii) declarations referred to in section 17(3) or 18(3) have been made; and(b) other information relating to that candidate, if printed on the ballot papers, are crossed out. (1 of 2019 s. 43)(3A) If the name of, and other information relating to, a candidate (applicable candidate) on a ballot paper are crossed out under subsection (3), the Presiding Officer of the polling station at which the ballot paper is used for polling must ensure that a notice specified in subsection (3B) is displayed in a prominent place—(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. (1 of 2019 s. 43)(3B) The notice must state that—(a) the applicable candidate is—(i) a deceased candidate regarding whom a declaration referred to in section 17(3) has been made; or(ii) a disqualified candidate regarding whom a declaration referred to in section 18(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 subsection (3). (1 of 2019 s. 43)(4) The Director of Home Affairs shall provide at each polling station chops bearing a “✓” mark, with or without other design, that are necessary to enable electors to mark ballot papers.(5) The Presiding Officer shall display a notice providing information on voting procedure for the guidance of electors—(a) in a prominent place immediately outside a polling station which is not a dedicated polling station; (L.N. 134 of 2009)(aa) in a prominent place inside a dedicated polling station; and (L.N. 134 of 2009)(b) inside every compartment provided under subsection (1). 34. Determination of no canvassing zone and no staying zone (1) The Returning Officer shall, by reference to a map or plan, determine—(a) any area outside a polling station to be used for polling for the Rural Area concerned as a no canvassing zone; and (5 of 2014 s. 2)(b) any area within a no canvassing zone as a no staying zone.(2) The Returning Officer shall give a notice indicating the boundaries of the no canvassing zone and the no staying zone to every candidate for election for the Rural Area at least 2 days before the polling day. (5 of 2014 s. 2)(3) If a polling station is to be used for polling for more than one Rural Area— (5 of 2014 s. 2)(a) the determination of the no canvassing zone and the no staying zone shall be made by the Returning Officer specified for the purpose by the Director of Home Affairs; and (b) that Officer shall give the notice under subsection (2) to—(i) the candidates for election for the Rural Area for which that Officer is appointed; and(ii) the Returning Officers for the other Rural Areas for which the polling station is used for polling, who shall, as soon as practicable after they receive the notice, give such notice to the candidates for election for their respective Rural Areas. (5 of 2014 s. 2)(4) The Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary the zone.(5) If a no canvassing zone or a no staying zone is varied, the Returning Officer who varies the zone shall, as soon as practicable after the variation—(a) give a notice indicating the boundary of the zone as varied to—(i) the candidates for election for the Rural Area for which that Officer is appointed; and(ii) (if the polling station is to be used for polling for more than one Rural Area) the Returning Officers for the other Rural Areas for which the polling station is used for polling, who shall, as soon as practicable after they receive the notice, give such notice to the candidates for election for their respective Rural Areas; and (5 of 2014 s. 2)(b) display a copy of such notice at or near the polling station.(6) On the polling day, the Returning Officer who determines the no canvassing zone or the no staying zone (or subsequently varies it, where applicable) shall display at or near each polling station a notice indicating the boundaries of the no canvassing zone and the no staying zone as determined or, where applicable, as varied. (L.N. 134 of 2009)(7) A determination under subsection (1) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone and the no staying zone as determined.(8) A variation under subsection (4) comes into effect upon the display of a notice under subsection (6) in relation to the no canvassing zone or the no staying zone as varied. 35. Order at no canvassing zone and no staying zone (1) The Returning Officer and the Presiding Officer shall keep order at the no canvassing zone and the no staying zone.(2) No person shall—(a) (except as provided in subsection (3)) engage in canvassing for votes in a no canvassing zone;(b) subject to subsection (2A), use a sound amplifying system or device for any purpose in a no canvassing zone without lawful authority or the express permission of the Returning Officer or the Presiding Officer; (L.N. 77 of 2011)(c) use a sound amplifying system or device for canvassing for votes in such a manner that the sound emitted by it can be heard in a no canvassing zone;(d) without reasonable excuse, display in a no canvassing zone any propaganda material relating to—(i) any candidate or his candidate number;(ii) a body any member of which is standing as a candidate in the election concerned or a political body; or (iii) the election of Rural Representatives; or (5 of 2014 s. 2)(e) stay or loiter in a no staying zone without the express permission of the Returning Officer or the Presiding Officer, on the polling day.(2A) An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 77 of 2011)(3) On the polling day, a person may, on the storeys above or below street level in a building within a no canvassing zone (other than a building in which there is a polling station), without obstructing any person, canvass for votes from door to door.(4) For the purposes of subsections (2) and (3), suggesting not to vote for any candidate shall be regarded as canvassing for votes.(5) No person shall, in a no canvassing zone or a no staying zone—(a) fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer;(b) cause an obstruction to any person who is in the zone and on his way to vote; or(c) otherwise misconduct himself, on the polling day.(6) If a person contravenes subsection (2) or (5), the Returning Officer or the Presiding Officer may—(a) require the person to produce his identity document for inspection; and(b) order the person to leave the relevant zone immediately.(7) No person shall fail to produce his identity document when required to do so under subsection (6).(8) If a person fails to leave when ordered to do so under subsection (6), he may be removed by— (L.N. 134 of 2009)(a) a police officer;(b) a person authorized in writing by the Returning Officer who ordered him to leave 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. 134 of 2009)(9) No person who is removed under subsection (8) shall enter the relevant zone again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer.(10) The powers conferred by subsections (6) and (8) shall not be so exercised as to prevent an elector from voting. 36. Polling agents (1) A candidate may appoint a maximum of 2 polling agents for one polling station. (12 of 2014 s. 47)(1A) Despite subsection (1) and subject to section 37(1A), (1B) and (6B), only one polling agent may be appointed by a candidate for a dedicated polling station situated in a prison. (12 of 2014 s. 47)(2) A polling agent appointed by a candidate may attend only at the polling station or polling stations on behalf of the candidate for a purpose connected with the conduct of a poll for the Rural Area concerned. (5 of 2014 s. 2)(3) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as a polling agent.(4) An appointment of a polling agent for a polling station other than a dedicated polling station situated in a prison is effective only if a notice of appointment is delivered to—(a) the Returning Officer by hand, by post, by electronic mail or by facsimile transmission at least 7 days before polling day; or(b) the Presiding Officer by the candidate, or the election agent of the candidate, in person on polling day. (12 of 2014 s. 47)(5) A notice of appointment shall—(a) be in the specified form;(b) be given by the candidate;(c) state the name, the identity card number and the address of the polling agent; and(d) be signed by the candidate and the polling agent.(6) The appointment of a polling agent may be revoked by giving a notice of revocation to the Returning Officer or the Presiding Officer of the polling station in accordance with subsection (7A) or (7B). (12 of 2014 s. 47)(7) A notice of revocation shall be—(a) in the specified form;(b) given by the candidate; and(c) signed by the candidate.(7A) If the notice of revocation is given before polling day, it must be delivered to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 47)(7B) If the notice of revocation is given on 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—(i) the Returning Officer by hand, by electronic mail or by facsimile transmission; or(ii) the Presiding Officer of the polling station by the candidate, or the election agent of the candidate, in person; or(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. 47)(8) If a polling agent dies or the appointment of a polling agent is revoked, the candidate may, subject to this section, appoint another person as a polling agent to replace the first-mentioned agent.(9) The appointment of or revocation of the appointment of a polling agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer or the Presiding Officer.(10) (Repealed 12 of 2014 s. 47) 37. Admission to polling station (1) No person may enter or stay in a polling station, except—(a) a member of the Commission;(b) the Director of Home Affairs;(c) a Returning Officer;(d) an Assistant Returning Officer;(e) the Chief Electoral Officer;(f) the Presiding Officer appointed for the polling station;(g) a polling officer appointed for the polling station;(h) an elector;(i) (subject to subsections (3) and (8)) a candidate;(j) (subject to subsections (3), (4), (5), (6B) and (8) and section 22(3)) an election agent; (L.N. 134 of 2009 and L.N. 197 of 2009; L.N. 77 of 2011)(k) (subject to subsections (1A), (3), (4), (6), (6B) and (8)) a polling agent; (L.N. 134 of 2009; L.N. 77 of 2011)(l) a public officer on duty at the polling station;(m) a member of the Civil Aid Service on duty at the polling station;(n) a child accompanying an elector who comes to the polling station for the purpose of voting; or(o) a person authorized under subsection (9).(1A) A polling agent may not be present in a dedicated polling station situated in a prison unless— (12 of 2014 s. 48)(a) a notice of appointment is given at least 7 days before polling day and delivered to the Director of Home Affairs by hand, by post, by electronic mail or by facsimile transmission; and(b) the Commissioner of Correctional Services consents to the appointment. (L.N. 134 of 2009; 12 of 2014 s. 48)(1B) The Commissioner of Correctional Services must not give consent under subsection (1A) if he has given consent under section 22(3)(h) to the election agent of the same candidate. (L.N. 134 of 2009)(1C) Despite subsection (1A), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 48)(a) an elector in custody who is entitled to vote at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and(b) the notice of appointment is given without undue delay after the admission or transfer. (L.N. 134 of 2009; 12 of 2014 s. 48)(1D) If the Commissioner of Correctional Services refuses to give consent under subsection (1A), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 134 of 2009)(2) In order to ensure that polling takes place smoothly and efficiently, the Presiding Officer—(a) may regulate the number of electors, candidates, election agents and polling agents to be admitted to the polling station concerned at any one time; and(b) may, subject to subsection (1), exclude any person from the polling station concerned.(3) A candidate, an election agent or a polling agent may be present in a polling station subject to the availability of seats in the area designated to accommodate them.(4) Only an election agent or a polling agent regarding whom a notice of appointment has been given under this Regulation may be present in a polling station on behalf of a candidate.(5) If a candidate is present in a polling station, the election agent of that candidate may not be present in the polling station at the same time.(6) Only one polling agent of a candidate may be present in a polling station, on behalf of the candidate, at any one time, if neither the candidate nor the election agent is present.(6A) (Repealed L.N. 77 of 2011)(6B) No election agent or polling agent may be present in a dedicated polling station situated in a maximum security prison. (L.N. 134 of 2009)(7) A candidate, an election agent or a polling agent who wishes to be admitted to a polling station shall, on arriving at the polling station—(a) report in person to the Presiding Officer; and(b) produce—(i) his identity document; and(ii) a declaration of secrecy, in the specified form, completed by him.(8) If the area referred to in subsection (3) is occupied to its full seating capacity, the Presiding Officer—(a) may refuse entry to the polling station to any candidate, election agent or polling agent; and(b) may make arrangements for admitting such candidate, election agent or polling agent to the polling station later.(9) The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a polling station in accordance with the terms of the authorization. 38. Order at polling station (1) The Returning Officer and the Presiding Officer shall keep order at the polling station concerned. (2) No person shall—(a) communicate with any elector; or(b) use a mobile telephone, paging machine or any other communication device to communicate with any other person, in a polling station during the polling hours appointed for it contrary to a direction of the Returning Officer or the Presiding Officer not to do so. (L.N. 134 of 2009)(3) Subsection (2) does not apply to—(a) a member of the Commission;(b) the Director of Home Affairs;(c) a Returning Officer;(d) an Assistant Returning Officer;(e) the Chief Electoral Officer;(f) a Presiding Officer appointed for the polling station; (L.N. 134 of 2009)(g) a polling officer appointed for the polling station; (h) a public officer on duty at the polling station;(i) a member of the Civil Aid Service on duty at the polling station; or(j) a person authorized by the Returning Officer or a member of the Commission in writing to do an act prohibited by subsection (2).(4) No person shall—(a) film;(b) take a photograph; or(c) make any audio or video recording, in a polling station on the polling day without the express permission of a member of the Commission, the Returning Officer or the Presiding Officer.(5) No person shall—(a) engage in canvassing for votes; or(b) without reasonable excuse, display any propaganda material relating to—(i) any candidate or his candidate number;(ii) a body any member of which is standing as a candidate in the election concerned or a political body; or(iii) the election of Rural Representatives, (5 of 2014 s. 2) in a polling station on the polling day.(6) For the purposes of subsection (5), suggesting not to vote for any candidate shall be regarded as canvassing for votes.(7) No person shall, in a polling station or its vicinity—(a) fail to comply with a lawful direction given by the Returning Officer or the Presiding Officer;(b) disrupt the poll;(c) disturb or cause inconvenience to any person except in the execution of his duty; or(d) otherwise misconduct himself,on the polling day.(8) If a person contravenes subsection (5) or (7), the Returning Officer or the Presiding Officer may—(a) require the person to produce his identity document for inspection; and(b) order the person to leave the polling station or its vicinity, as the case may be, immediately.(9) No person shall fail to produce his identity document when required to do so under subsection (8).(9A) If an elector who is allocated to vote at a dedicated polling station fails to cast his vote without undue delay in accordance with section 47(6), the Returning Officer or the Presiding Officer may order him to leave the polling station immediately. (L.N. 134 of 2009; 5 of 2014 s. 44)(10) If a person fails to leave when ordered to do so under subsection (8) or (9A), the person may be removed— (L.N. 134 of 2009)(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 who ordered the person to leave 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 who ordered the person to leave 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. 134 of 2009)(11) No person who is removed under subsection (10) shall enter the polling station or its vicinity again on the polling day without the express permission of the Returning Officer who ordered him to leave or the Presiding Officer.(12) The powers conferred by subsections (8) and (10) shall not be so exercised as to prevent an elector from voting. Part 5 Ballot Boxes, Ballot Papers and Voting Procedure (Format changes—E.R. 3 of 2014) 39. Design of ballot box A ballot box to be used in a poll shall be so constructed that ballot papers can be put into it while it is locked but cannot be withdrawn from it without unlocking it and breaking the sealing device used to seal it. 40. Ballot box to be sealed before commencement of poll (1) Immediately before the commencement of the poll, the Presiding Officer shall show the ballot box or each ballot box, empty, to the persons who are present in the polling station concerned.(2) The Presiding Officer shall, after showing a ballot box under subsection (1), lock it and seal it with a sealing device provided for that purpose by the Director of Home Affairs so that it cannot be opened without unlocking the lock and breaking the sealing device.(3) The Presiding Officer shall—(a) place the ballot box or each ballot box for the receipt of ballot papers in the view of a polling officer or himself; and (b) ensure that the ballot box or each ballot box is kept locked and sealed while it is in his custody. 41. Form of ballot papers (1) A ballot paper to be used for an election for an Existing Village shall be in Form 1 set out in Schedule 1.(2) A ballot paper to be used for an election for an Indigenous Village shall be—(a) (where there is one vacancy) in Form 2(a) set out in Schedule 1; or(b) (where there is more than one vacancy) in Form 2(b) set out in Schedule 1.(3) A ballot paper to be used for an election for a Composite Indigenous Village shall be in Form 3 set out in Schedule 1.(3A) A ballot paper to be used for an election for a Market Town is to be—(a) if there is more than one vacancy—in Form 4(a) set out in Schedule 1; or(b) if there is one vacancy—in Form 4(b) set out in Schedule 1. (5 of 2014 s. 45)(4) The Director of Home Affairs may decide—(a) the colour and the design of a ballot paper; and (5 of 2014 s. 45)(b) that the ballot papers to be used for the elections for different Rural Areas are to be printed in different colours and to have different designs. (5 of 2014 s. 2)(5) A number may be printed on the counterfoil of a ballot paper, but that number shall not be printed or shown in any manner on the ballot paper. 42. Order of names of candidates on ballot papers (1) A number shall be allocated to each candidate by the drawing of lots conducted by the Returning Officer.(2) The names of the candidates shall appear on a ballot paper in the order of the numbers allocated under subsection (1).(3) The number allocated to a candidate shall be printed on a ballot paper against his name.(4) The Returning Officer shall give notice to each candidate of the arrangements for the drawing of lots under subsection (1).(5) A candidate or his election agent may be present at the drawing of lots under subsection (1). 42A. 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 45(2A)(a), (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 45(2A)(a), (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.(L.N. 163 of 2021) 43. Question to person applying for a ballot paper (1) The Presiding Officer may, in case of doubt and at the time a person applies for a ballot paper, ask the person any appropriate questions set out in subsection (2).(2) The questions referred to in subsection (1) are—(a) (i) “你是否已登記在本鄉郊地區 (the Presiding Officer to read the name and the type of the Rural Area) 的正式選民登記冊上，而有關登記記項一如以下所述 (the Presiding Officer to read the whole entry as it is recorded in the final register)?”; or(ii) “Are you the person registered in the final register for this Rural Area (the Presiding Officer to read the name and the type of the Rural Area), as follows (the Presiding Officer to read the whole entry as it is recorded in the final register)?”; (5 of 2014 s. 2)(b) (i) “你是否已在本鄉郊地區 (the Presiding Officer to read the name and type of the Rural Area) 的鄉郊代表 (the Presiding Officer to read the type of the Rural Representative) 選舉中投了票？”; or(ii) “Have you already voted in this election to elect a Rural Representative (the Presiding Officer to read the type of the Rural Representative) for this Rural Area (the Presiding Officer to read the name and type of the Rural Area)?”. (5 of 2014 s. 46)(c) (Repealed 5 of 2014 s. 46)(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 shall not issue a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer. 44. Challenging a person who has applied for a ballot paper or who has voted (1) If a candidate, an election agent or a polling agent—(a) declares to the Presiding Officer that he has reasonable cause to believe that a person has engaged in corrupt conduct of impersonation; and(b) undertakes in writing to substantiate the allegation in a court, the Presiding Officer may take the step specified in subsection (3A).(2) A declaration referred to in subsection (1) may only be made—(a) at the time the person applies for a ballot paper; or(b) after the person has applied for a ballot paper but before the person has left the polling station.(3) If the Presiding Officer has reason to believe that a person—(a) applying for a ballot paper; or(b) who has applied for a ballot paper and has not left the polling station, has engaged in corrupt conduct of impersonation, the Presiding Officer may take the step specified in subsection (3A).(3A) The step specified for the purposes of subsections (1) and (3) 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. 134 of 2009)(4) A person—(a) in respect of whom a declaration is made under subsection (1) (whether or not he is arrested or removed under that subsection); or(b) who has been arrested or removed pursuant to a request made under subsection (3), shall not be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 77 of 2011)(5) In this section, corrupt conduct of impersonation (冒充別人的舞弊行為) means the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).(L.N. 134 of 2009) 45. Issue of ballot paper (1) If, at a polling station used for polling for only one Rural Area, a person applies for a ballot paper at the issuing desk, the polling officer manning the desk shall, upon being satisfied, by inspecting the document or documents set out in subsection (2A) or (2B), that the person is an elector registered in the final register for the Rural Area, issue to the person— (5 of 2014 s. 2; L.N. 133 of 2017)(a) one ballot paper to be used for the election for the Rural Area; and (5 of 2014 s. 2)(b) a chop provided under section 33(4) for marking the ballot paper.(2) If, at a polling station used for polling for more than one Rural Area, a person applies for a ballot paper at the issuing desk, the polling officer manning the desk shall, upon being satisfied, by inspecting the document or documents set out in subsection (2A) or (2B), that— (5 of 2014 s. 2; L.N. 133 of 2017)(a) the person is an elector registered in the final register for one of the Rural Areas for which the polling station is used for polling, issue to the person— (5 of 2014 s. 2)(i) one ballot paper to be used for the election for that Rural Area; and (5 of 2014 s. 2)(ii) a chop provided under section 33(4) for marking the ballot paper; or(b) the person is an elector registered in the final registers for more than one Rural Area for which the polling station is used for polling, issue to the person— (5 of 2014 s. 2)(i) subject to subsection (3), one ballot paper to be used for the election for each of those Rural Areas; and (5 of 2014 s. 2)(ii) a chop provided under section 33(4) for marking those ballot papers. (2A) For a person applying for a ballot paper at a polling station (other than a dedicated polling station situated in a prison), the document or documents referred to in subsections (1) and (2) are any of the following—(a) the person’s identity document;(b) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) acknowledging that the person has applied— (L.N. 152 of 2018)(i) to be registered under that Ordinance; or (L.N.

152 of 2018)(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. 152 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) or (b); and (L.N. 152 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. 133 of 2017; L.N. 152 of 2018)(iii) (Repealed L.N. 152 of 2018)(2B) For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsections (1) and (2) is a document issued by the Commissioner of Correctional Services showing—(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. 133 of 2017)(3) If a person referred to in subsection (2)(b) does not wish to cast all the votes which he is entitled to cast for the Rural Areas for which the polling station is used for polling or he does not wish to do so at the same time, he— (5 of 2014 s. 2)(a) shall be issued, upon his application, one ballot paper to be used for the election for the Rural Area for which he is going to cast his vote; and (5 of 2014 s. 2)(b) may cast his remaining vote later, before the close of the poll (whether he has left and subsequently returns to the polling station or he has not left the polling station).(4) For the purposes of subsections (1), (2) and (3), where the person is an elector registered in a final register—(a) for an Existing Village, the person must be issued a ballot paper to be used for an election for an Existing Village; (5 of 2014 s. 47)(b) for an Indigenous Village, the person must be issued a ballot paper to be used for an election for an Indigenous Village; (5 of 2014 s. 47)(c) for a Composite Indigenous Village, the person must be issued a ballot paper to be used for an election for a Composite Indigenous Village; or (5 of 2014 s. 47)(d) for a Market Town, the person must be issued a ballot paper to be used for an election for a Market Town. (5 of 2014 s. 47)(5) Before a ballot paper or ballot papers are issued to an elector, the polling officer shall call out the name of the elector as stated in the copy of the relevant final register or registers in that officer’s possession.(6) To ensure that the correct ballot paper or ballot papers are issued to an elector, the polling officer may require the elector to verify the entry relating to him in the relevant final register or registers.(7) A person shall not be prevented from voting only because of an omission or inaccuracy of a particular required to be registered in the relevant final register, other than the omission of his name and, where applicable, his principal residential address.(8) Immediately before issuing a ballot paper or ballot papers to an elector, the polling officer must—(a) if a printed copy of the relevant final register or registers is used to record the issue, do either or both of the following—(i) marking the copy in that officer’s possession by placing a line across the name and identity document number of the elector;(ii) marking the copy in that officer’s possession in any other way directed by the Director of Home Affairs; or(b) if an FR electronic copy or extract (as defined by section 96) of the relevant final register or registers 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 or ballot papers the elector is entitled to have issued to him or her at the relevant polling station has been or have been so issued. (L.N. 163 of 2021)(9) No record shall be made of the particular ballot paper or ballot papers issued to an elector. 46. 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 or ballot papers; and(b) (except in the case under section 45(3)) he has left the polling station without casting his vote or any of his votes, he shall not cast the vote or votes when he returns to the polling station before the close of the poll unless—(c) before leaving the polling station, he has—(i) made a request to the Presiding Officer for permission to cast the vote or votes before the close of the poll;(ii) informed the Presiding Officer of his reason for leaving the polling station without casting the vote or votes; and(iii) returned the ballot paper or ballot papers, unmarked, to the Presiding Officer; and(d) the Presiding Officer has granted the requested permission.(2) If an elector has complied with subsection (1)(c), the Presiding Officer shall grant the permission unless he is of the opinion that the request is a manifest abuse of the facilities provided by this section.(2A) Despite subsections (1) and (2), an elector to whom a permission is granted under subsection (1) by a Presiding Officer of a dedicated polling station situated in a prison must not cast the vote unless the elector returns to the polling station within the time slot assigned to him under subsection (2B) or section 27(1B). (L.N. 134 of 2009)(2B) 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. 134 of 2009)(3) If the Presiding Officer grants the permission to an elector under subsection (2), he shall—(a) keep in his custody the ballot paper or ballot papers 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 or votes, re-issue the ballot paper or ballot papers to the elector in the presence of— (L.N. 134 of 2009)(i) if the polling station is not a dedicated polling station, a police officer; or(ii) if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 134 of 2009)(4) If the Presiding Officer does not grant the permission to an elector under subsection (2), he shall immediately re-issue to the elector the ballot paper or ballot papers returned under subsection (1)(c)(iii).(5) An elector who—(a) has been issued with a ballot paper or ballot papers;(b) becomes incapacitated from voting by physical illness; and(c) has left the polling station after—(i) returning the ballot paper or ballot papers, unmarked, to the Presiding Officer; or(ii) leaving the ballot paper or ballot papers, unmarked, behind in the polling station without putting the ballot paper or ballot papers into the ballot box or ballot boxes (if the Presiding Officer is aware that the elector has so left the ballot paper or ballot papers behind before leaving the polling station), may return to the polling station before the close of the poll and cast his vote or votes.(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. 134 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 his returning to the dedicated polling station within the time slot assigned to him under subsection (5A) or section 27(1B). (L.N. 134 of 2009)(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 shall—(a) keep in his 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— (L.N. 134 of 2009)(i) if the polling station is not a dedicated polling station, a police officer; or(ii) if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 134 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 45(1), (2) or (3), as the case may be. 47. Voting procedure (1) Subject to section 49(1), when an elector is issued with a ballot paper or ballot papers, he or she must immediately go into a voting compartment and mark the ballot paper or ballot papers. (5 of 2014 s. 48)(1A) (Repealed 5 of 2014 s. 48)(2) An elector must—(a) when being issued with a ballot paper or ballot papers, be provided with a cardboard in a colour determined by the Director of Home Affairs so as to indicate the number of ballot papers issued to the elector; and(b) carry with him or her the cardboard before it is returned under subsection (6)(b). (5 of 2014 s. 48)(3) After marking the ballot paper or ballot papers, the elector must—(a) before leaving the voting compartment, conceal the mark on it or the marks on them;(b) put the ballot paper or ballot papers into the correct ballot box; and(c) follow any direction (if appropriate) given by the Director of Home Affairs under subsection (4). (5 of 2014 s. 48)(4) The Director of Home Affairs may direct, in such manner as he or she thinks fit, an elector to—(a) fold the ballot paper so that the marked side is inside and put the folded ballot paper into the correct ballot box;(b) put the ballot paper, unfolded, into an envelope provided at the polling station and put the ballot paper contained in the envelope into the correct ballot box;(c) fold the ballot paper so that the marked side is inside, put the folded ballot paper into an envelope provided at the polling station and put the ballot paper contained in the envelope into the correct ballot box; or(d) put the ballot paper, unfolded, into the correct ballot box with the marked side facing down. (5 of 2014 s. 48)(5) If an elector is issued with more than one ballot papers, the Director of Home Affairs may give separate directions under subsection (4) for each ballot paper. (5 of 2014 s. 48)(6) An elector must—(a) cast his or her vote without undue delay;(b) return to any polling officer in the polling station the chop issued under section 45 and the cardboard provided under subsection (2); and(c) leave the polling station as soon as he or she has put the ballot paper or ballot papers into the ballot box or ballot boxes and returned the chop and cardboard. (5 of 2014 s. 48)(7) A person must not put anything into the ballot box other than a marked ballot paper or an envelope referred to in subsection (4). (5 of 2014 s. 48)(8) Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. (5 of 2014 s. 48)(9) In this section—voting compartment (劃票間) means a compartment provided under section 33(1). (5 of 2014 s. 48) 48. How ballot papers are to be marked (1) An elector voting for an Existing Village—(a) may vote for only one candidate; and(b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single “✓” in the circle opposite the name of the candidate of his choice on the ballot paper.(2) An elector voting for an Indigenous Village—(a) may vote for a number of candidates not exceeding the number of Indigenous Inhabitant Representatives to be returned for the Village at the election concerned; and(b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single “✓” in each of the circles opposite the names of the candidates of his choice on the ballot paper. (5 of 2014 s. 49)(3) An elector voting for a Composite Indigenous Village—(a) may vote for only one candidate; and(b) shall mark his ballot paper by affixing the chop issued under section 45 to give a single “✓” in the circle opposite the name of the candidate of his choice on the ballot paper.(4) An elector voting for a Market Town—(a) may vote for a number of candidates not exceeding the number of Kaifong Representatives to be returned for the Market Town at the election concerned; and(b) must mark his or her ballot paper by affixing the chop issued under section 45 to give a single “✓” in each of the circles opposite the names of the candidates of his or her choice on the ballot paper. (5 of 2014 s. 49) 49. Marking of ballot paper for or by incapacitated person (1) The Presiding Officer, the Deputy Presiding Officer or any Assistant Presiding Officer may, upon the request of an elector who claims that he is unable to read or is incapacitated from casting his vote because of impaired eyesight or other physical cause—(a) mark a ballot paper, in a compartment provided under section 33(1) in the polling station, for the elector according to the choice of the elector in the manner specified in section 48(1), (2), (3) or (4), as the case may be; and (5 of 2014 s. 50)(b) conceal the mark on the ballot paper before leaving the compartment and put the ballot paper into the correct ballot box, (5 of 2014 s. 50) in the presence of a polling officer designated by the Presiding Officer, the Deputy Presiding Officer or the Assistant Presiding Officer, as the case may be, having regard to the choice (if any) of a candidate or his polling agent.(2) The Presiding Officer shall cause a template to be made available upon request by an elector.(3) A template made available to an elector under subsection (2) shall be so constructed as to be able to facilitate the marking of a ballot paper by an elector suffering from impaired eyesight. 50. Issue of ballot paper marked “TENDERED” (1) Subject to subsection (2) and sections 45(3) and 46, if a person (the first-mentioned person) representing himself to be a particular elector applies for a ballot paper for a particular Rural Area after a ballot paper for the Rural Area had already been issued on the basis that the person to whom it was issued was that elector, the Presiding Officer shall issue to the first-mentioned person a ballot paper for the Rural Area endorsed on the front of it with the words “TENDERED” and “重複”.(2) The Presiding Officer may issue a ballot paper under subsection (1) only if—(a) he is not certain that the first-mentioned person is the person who had been issued with a ballot paper for the Rural Area earlier; and(b) the first-mentioned person answers the appropriate questions set out in section 43(2) to his satisfaction.(5 of 2014 s. 2) 51. Marking “UNUSED” on ballot paper The Presiding Officer must, as far as reasonably practicable, endorse the words “UNUSED” and “未用” on a ballot paper that—(a) has been issued; but(b) has not been put into a ballot box.(1 of 2019 s. 83) 52. Marking “SPOILT” on ballot paper (1) If an elector issued with a ballot paper—(a) inadvertently deals with it in such a manner that it cannot be properly used as a ballot paper; or(b) makes an error in marking it, he may apply to the Presiding Officer for another ballot paper.(2) The Presiding Officer may issue another ballot paper to an elector referred to in subsection (1) if the elector—(a) returns the ballot paper already issued to him to the Presiding Officer; and(b) establishes to the satisfaction of the Presiding Officer the circumstances referred to in subsection (1)(a) or (b).(3) The Presiding Officer shall immediately cancel a ballot paper returned to him under subsection (2) by endorsing the words “SPOILT” and “損壞” on the front of the ballot paper and keep it in his custody.(4) For the purposes of this Regulation, issuing a ballot paper under subsection (2) shall be regarded as issuing a ballot paper under section 45(1), (2) or (3), as the case may be. 53. Steps to be taken at polling station after close of poll: polling station that is also counting station (1) This section applies if a polling station is also designated as a counting station at an election.(2) As soon as practicable after the close of the poll at the polling station, the Presiding Officer of the station must display a notice in a prominent place outside the station stating—(a) that the poll has been closed; and(b) that the station will be opened as a counting station when it is ready for use for the counting of the votes.(3) A candidate and the candidate’s election agent, polling agent and counting agent may stay in the polling station while it is closed for preparation for the counting of the votes.(4) After complying with subsection (2), the Presiding Officer must, in the presence of the persons who are present in the polling station—(a) seal the ballot box or each ballot box with a sealing device provided for that purpose by the Director of Home Affairs so that nothing can be put into or withdrawn from the box after it is sealed; and(b) make up into separate sealed packets—(i) the counterfoils of the ballot papers that have been issued;(ii) the ballot papers that have not been issued;(iii) the unused ballot papers;(iv) the spoilt ballot papers; and(v) if the copy of the relevant final register or registers has been marked under section 45(8)(a)—the marked copy.(5) For subsection (4)(b), if the polling station is used for polling for more than one Rural Area, the Presiding Officer must make separate sealed packets for each Rural Area.(6) All the items specified in subsection (7) must then—(a) if the Presiding Officer is to preside at the counting station—be kept under the Officer’s control until the counting of the votes begins; or(b) if a Returning Officer is to preside at the counting station—be handed over by the Presiding Officer as soon as practicable to the Returning Officer and be kept under the Returning Officer’s control until the counting of the votes begins.(7) The items specified for the purposes of subsection (6) are—(a) the sealed ballot box or boxes;(b) the sealed packets; and(c) the ballot paper account or accounts prepared by the Presiding Officer.(L.N. 163 of 2021) 53A. Steps to be taken at polling station after close of poll: polling station that is not counting station (1) This section applies if a polling station is not also designated as a counting station at an election.(2) As soon as practicable after the close of the poll at the polling station, the Presiding Officer of the station must display a notice in a prominent place outside the station stating—(a) that the poll has been closed; and(b) the name and location of—(i) if applicable, the ballot paper sorting station for sorting the ballot papers received from that polling station (relevant sorting station); and(ii) the counting station for counting the votes cast at that polling station (relevant counting station).(3) After complying with subsection (2), the Presiding Officer must, in the presence of the persons who are present in the polling station—(a) seal the ballot box or each ballot box with a sealing device provided for that purpose by the Director of Home Affairs so that nothing can be put into or withdrawn from the box after it is sealed; and(b) make up into separate sealed packets—(i) the counterfoils of the ballot papers that have been issued;(ii) the ballot papers that have not been issued;(iii) the unused ballot papers;(iv) the spoilt ballot papers; and(v) if the copy of the relevant final register or registers has been marked under section 45(8)(a)—the marked copy.(4) For subsection (3)(b), if the polling station is used for polling for more than one Rural Area, the Presiding Officer must make separate sealed packets for each Rural Area.(5) A candidate and the candidate’s election agent and polling agent may stay in the polling station while it is closed for taking the steps described in subsection (3).(6) If the polling station is not a dedicated polling station, the Presiding Officer must then, as soon as practicable—(a) deliver all the items specified in subsection (8) to the relevant counting station; and(b) hand over the items to the Officer-in-charge of the relevant counting station.(7) If the polling station is a dedicated polling station, the Presiding Officer must then, as soon as practicable—(a) deliver all the items specified in subsection (8) to the relevant sorting station, or the relevant counting station, as advised by the Director of Home Affairs; and(b) hand over the items to the Officer-in-charge of the relevant sorting station or relevant counting station.(8) The items specified for the purposes of subsections (6) and (7) are—(a) the sealed ballot box or boxes;(b) the sealed packets; and(c) the ballot paper account or accounts prepared by the Presiding Officer.(L.N. 163 of 2021) 54. Ballot paper account (1) The Presiding Officer (other than the Presiding Officer of a dedicated polling station) shall prepare a statement (ballot paper account) which complies with subsection (2) and, at a polling station used for polling for more than one Rural Area, prepare a separate ballot paper account for each Rural Area. (L.N. 77 of 2011; 5 of 2014 s. 2)(2) The ballot paper account prepared under subsection (1) shall—(a) be in the specified form; and(b) show the number of ballot papers supplied under section 33(2) for the Rural Area concerned (stating whether they are ballot papers to be used for an election for an Existing Village, an Indigenous Village, a Composite Indigenous Village or a Market Town) and account for those ballot papers under the following heads— (5 of 2014 ss. 2 & 51)(i) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or ballot boxes;(ii) the number of ballot papers which have not been issued;(iii) the number of unused ballot papers; and(iv) 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 Rural Area in respect of which ballot papers have been issued; or (5 of 2014 s. 2)(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. 77 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 Rural Area supplied to the Presiding Officer under section 33(2) and account for those ballot papers under the following heads— (5 of 2014 s. 2)(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. 77 of 2011) Part 6 Counting of Votes (Format changes—E.R. 3 of 2014) 55. Determination and notice of time of counting of votes (1) The Officer-in-charge of a counting station is to determine the time at which the counting of the votes at the station is to begin. (L.N. 163 of 2021)(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 Rural Area concerned was conducted. (L.N. 134 of 2009; 5 of 2014 s. 2; L.N. 163 of 2021)(2A) Despite subsection (2), the time determined under subsection (1) in respect of sorting ballot papers at a 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 Rural Area 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 Rural Area concerned is conducted. (L.N. 163 of 2021)(3) The Returning Officer must give written notice to each candidate of the addresses of the counting stations at which the counting of the votes for the Rural Area is to take place. (L.N. 163 of 2021)(4) A notice under subsection (3) shall be given—(a) (in the case of the counting of the votes for a postponed or adjourned poll) as soon as practicable after the determination of the time under subsection (1);(b) (in the case of a postponement or adjournment of the counting of the votes) as soon as practicable after the determination of the time under subsection (1); or(c) (in any other case) at least 10 days before polling day. (12 of 2014 s. 104)(5) The Officer-in-charge of a counting station must, before the counting of the votes begins, display a notice in a prominent place outside the station stating the time that the station will be opened to the public to observe the counting of the votes. (L.N. 163 of 2021) 56. Appointment of counting agent (1) A candidate may appoint counting agents to attend at a counting station (relevant counting station) to observe the counting of the votes for the Rural Area for which the candidate is standing for election. (5 of 2014 s. 2; L.N. 163 of 2021)(2) The Returning Officer shall determine the maximum number of counting agents a candidate may appoint. (3) Only a holder of an identity card, who has attained the age of 18 years, may be appointed as a counting agent.(4) An appointment of a counting agent is effective only if a notice of appointment is delivered— (12 of 2014 s. 49; L.N. 163 of 2021)(a) to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission before the 3 days preceding polling day; or(b) to the Officer-in-charge of the relevant counting station by the candidate, or the election agent of the candidate, in person on polling day. (12 of 2014 s. 49; L.N. 163 of 2021)(5) A notice of appointment shall—(a) be in the specified form;(b) be given by the candidate;(c) state the name, the identity card number and the address of the counting agent; and(d) be signed by the candidate and the counting agent.(6) The appointment of a counting agent may be revoked in the following way—(a) if the poll has not yet closed—(i) delivering a notice of revocation to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of revocation made on the polling day) by post; or(ii) the candidate or the candidate’s election agent delivering a notice of revocation in person to the Officer-in-charge of the relevant counting station; or(b) if the poll has closed—the candidate or the candidate’s election agent delivering a notice of revocation in person to the Officer-in-charge of the relevant counting station. (L.N. 163 of 2021)(7) A notice of revocation shall be—(a) in the specified form;(b) given by the candidate; and(c) signed by the candidate.(8) If a counting agent dies or the appointment of a counting agent is revoked, the candidate may, subject to this section, appoint another person as a counting agent to replace the first-mentioned agent.(9) The appointment of or revocation of the appointment of a counting agent is not effective until the notice of appointment or notice of revocation, as the case may be, is received by the Returning Officer or by the Officer-in-charge of the relevant counting station, as may be appropriate. (12 of 2014 s. 49; L.N. 163 of 2021)(10) (Repealed 12 of 2014 s. 49) 57. Appointment of Assistant Returning Officer, Presiding Officer and counting officers (L.N. 163 of 2021)(1A) The Electoral Affairs Commission may appoint an Assistant Returning Officer to preside at a ballot paper sorting station. (L.N. 134 of 2009)(1B) The Director of Home Affairs may appoint a person who is appointed as the Presiding Officer for a polling station under section 31(1)(a) as the Presiding Officer for the counting station for counting the votes cast at that polling station. (L.N. 163 of 2021)(1) The Director of Home Affairs may appoint a number of counting officers the Director considers appropriate for a counting station to assist the Officer-in-charge of the station in counting the votes.(2) The Officer-in-charge of a counting station must display a list of the names of the counting officers in a prominent place within the counting station. (L.N. 163 of 2021) 58. Admission to counting station (1) The Officer-in-charge of a counting station may set apart an area within the station as a counting zone. (L.N. 163 of 2021)(2) Where a counting zone is set apart under subsection (1), the zone must be delineated and identified by the means the Officer-in-charge considers appropriate. (L.N. 163 of 2021)(3) No person may enter or stay in a counting zone, except—(a) a member of the Commission;(b) the Director of Home Affairs;(c) a Returning Officer;(d) an Assistant Returning Officer;(da) the Presiding Officer of the counting station; (L.N. 163 of 2021)(e) the Chief Electoral Officer;(f) a counting officer;(g) a candidate;(h) an election agent;(i) a counting agent;(j) a public officer on duty at the counting station;(k) a member of the Civil Aid Service on duty at the counting station; or(l) a person authorized under subsection (4).(4) The Returning Officer or a member of the Commission may authorize any person in writing to enter and stay in a counting zone in accordance with the terms of the authorization.(4A) The Officer-in-charge of a counting station may authorize any person in writing to enter and stay in the counting zone of the station in accordance with the terms of the authorization. (L.N. 163 of 2021)(5) Any member of the public may observe the counting of the votes from an area at a counting station set apart for that purpose by the Officer-in-charge of the counting station unless the Officer-in-charge considers that the presence of such member of the public may— (L.N. 163 of 2021)(a) cause disorder or disturbance in the counting station;(b) disrupt the counting of the votes; or(c) prejudice the secrecy of the individual votes.(6) The Officer-in-charge of a counting station must ensure that the arrangements for the counting of the votes at the counting zone of the station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. (L.N. 163 of 2021) 59. Order at counting station (1) The Officer-in-charge of a counting station must keep order at the station. (L.N. 163 of 2021)(2) No person shall—(a) film;(b) take a photograph; or(c) make any audio or video recording, in a counting zone without the express permission of a member of the Commission, the Director of Home Affairs or the Officer-in-charge of the counting station.(3) No person shall, in a counting station or its vicinity—(a) fail to comply with a lawful direction given by the Officer-in-charge of the station;(b) use a sound amplifying system or device for any purpose without lawful authority or the express permission of the Officer-in-charge of the station;(c) without reasonable excuse, display any propaganda material relating to—(i) any candidate or his candidate number;(ii) a body any member of which is standing as a candidate in the election concerned or a political body; or(iii) the election of Rural Representatives; (5 of 2014 s. 2)(d) disrupt the counting of the votes;(e) disturb or cause inconvenience to any person except in the execution of his duty; or(f) otherwise misconduct himself.(4) The Officer-in-charge of a counting station may take the actions specified in subsection (4A) if— (L.N. 163 of 2021)(a) a person contravenes subsection (2) or (3); or(b) the Officer-in-charge reasonably considers that, having regard to the conduct of a person, the person’s presence at the counting station is for a purpose other than that for which the person is entitled or authorized to be so present.(4A) The actions specified for the purposes of subsection (4) are—(a) to require the person to produce the person’s identity document for inspection; and(b) to order the person to leave the counting station or its vicinity immediately. (L.N. 163 of 2021)(5) A person must produce the person’s identity document when required to do so under subsection (4A). (L.N. 163 of 2021)(6) A person who fails to leave when ordered to do so under subsection (4A) may be removed by a police officer or by a person authorized in writing by the Officer-in-charge. (L.N. 163 of 2021)(7) No person who is removed under subsection (6) may, without the express permission of the Officer-in-charge, re-enter the counting station or its vicinity before the counting of the votes at the station is finished.(L.N. 163 of 2021) 60. Opening ballot boxes and receptacles (L.N. 163 of 2021)(1) The Officer-in-charge of a counting station must open at the counting zone any ballot box or receptacle kept by or handed over to the Officer-in-charge under section 53, 53A or 60A (as the case may be) by breaking the sealing device in the presence of the candidates or their election agents or counting agents, if present in the counting zone. (L.N. 134 of 2009; L.N. 163 of 2021)(2) The Officer-in-charge must permit a candidate, or a candidate’s election agent or counting agent, to inspect any paper, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of. (L.N. 163 of 2021) 60A. Arrangements for sorting in ballot paper sorting stations (1) After opening the ballot boxes under section 60, the Assistant Returning Officer presiding at the ballot paper sorting station must— (L.N. 163 of 2021)(a) sort the ballot papers in each ballot box according to each Rural Area; (L.N. 77 of 2011; 5 of 2014 s. 2)(b) count and record the number of ballot papers for each Rural Area; (L.N. 77 of 2011; 5 of 2014 s. 2)(c) verify the number of ballot papers recorded for each Rural Area under paragraph (b) by comparing it with the ballot paper account for that Rural Area; (L.N. 163 of 2021)(d) prepare a statement in writing as to the result of the verification; (L.N. 77 of 2011)(e) prepare a statement in writing as to the number of ballot papers recorded for each Rural Area under paragraph (b); (L.N. 77 of 2011; 5 of 2014 s. 2)(f) make into separate bundles the sorted ballot papers together with the relevant statement prepared under paragraph (e); (L.N. 77 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. 77 of 2011)(h) arrange the receptacles to be delivered to the respective counting stations of the relevant Rural Areas and handed over to the Officers-in-charge of the stations; and (L.N. 77 of 2011; 5 of 2014 s. 2)(i) send to the Director of Home Affairs the ballot paper accounts, the statements prepared under paragraph (d) and the sealed packets made up under section 53A. (L.N. 77 of 2011; L.N. 134 of 2009; L.N. 163 of 2021)(2) The Assistant Returning Officer must, in preparing the statements under subsection (1)(d), take the action specified in subsection (3) if—(a) the Officer considers it necessary to do so; or(b) a candidate, an election agent or a counting agent present at the counting zone so requests. (L.N. 163 of 2021)(3) The action specified for the purposes of subsection (2) is to compare the numbers of the following for a Rural Area with the ballot paper account for that Rural Area—(a) the ballot papers recorded under subsection (1)(b);(b) the counterfoils of the ballot papers that have been issued;(c) the ballot papers that have not been issued;(d) the unused ballot papers; and(e) the spoilt ballot papers. (L.N. 163 of 2021)(4) A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—(a) the ballot paper accounts; or(b) the statements prepared under subsection (1)(d). (L.N. 163 of 2021)(5) In subsection (1), a reference to ballot papers is, if envelopes for containing ballot papers are used in the election, a reference to the envelopes. (L.N. 163 of 2021)(L.N. 134 of 2009) 60B. Arrangements for verifying number of ballot papers at certain counting stations (1) If a counting station other than a ballot paper sorting station is used for counting the votes cast at a dedicated polling station, the Officer-in-charge of the counting station must, at the counting zone, after opening all ballot boxes and receptacles in accordance with section 60 and before counting the votes recorded on the ballot papers from each dedicated polling station—(a) if envelopes for containing ballot papers are used in the election—take out the ballot papers from the envelopes;(b) count and record the number of ballot papers;(c) verify the number of ballot papers by comparing it with—(i) if the ballot papers were sorted in a ballot paper sorting station—the statement prepared under section 60A(1)(e); or(ii) if the ballot papers were not sorted in a ballot paper sorting station—the ballot paper account for the dedicated polling station;(d) prepare a statement in writing as to the result of the verification under paragraph (c); and(e) after preparing the statement, mix the ballot papers with the ballot papers in at least one of the ballot boxes from a polling station other than a dedicated polling station.(2) The Officer-in-charge must, in preparing the statement under subsection (1)(d) in respect of the ballot papers that were not sorted in a ballot paper sorting station, take the action specified in subsection (3) if—(a) the Officer-in-charge considers it necessary to do so; or(b) a candidate, an election agent or a counting agent present at the counting zone so requests.(3) The action specified for the purposes of subsection (2) is to compare the numbers of the following for the dedicated polling station concerned with the ballot paper account for that station—(a) the ballot papers recorded under subsection (1)(b);(b) the counterfoils of the ballot papers that have been issued;(c) the ballot papers that have not been issued;(d) the unused ballot papers; and(e) the spoilt ballot papers.(4) A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—(a) the ballot paper account; or(b) the statement prepared under subsection (1)(d).(5) If any ballot paper for a Rural Area other than one for which the counting station is designated is found in a ballot box or receptacle, the Officer-in-charge of the station must, in relation to such ballot papers—(a) sort the ballot papers according to each Rural Area;(b) count and record the number of ballot papers for each Rural Area;(c) prepare a statement in writing as to the number recorded for each Rural Area under paragraph (b);(d) make into separate bundles the sorted ballot papers together with the statement prepared under paragraph (c);(e) place each bundle in a separate receptacle and seal it in the presence of those present at the counting zone; and(f) arrange the receptacles to be delivered to the respective counting stations of the relevant Rural Areas and handed over to the Officers-in-charge of the counting stations.(6) The Officer-in-charge of a counting station who receives a receptacle delivered under subsection (5)(f) must, at the counting zone, before counting the votes recorded on the ballot papers in the receptacle in accordance with section 61—(a) count and record the number of ballot papers;(b) verify the number by comparing it with the statement prepared under subsection (5)(c);(c) prepare a statement in writing as to the result of the verification under paragraph (b); and(d) after preparing the statement under paragraph (c), mix the ballot papers with the other ballot papers for the Rural Area concerned.(L.N. 163 of 2021) 61. Counting of votes (1A)-(1C) (Repealed L.N. 163 of 2021)(1) Subject to section 60B(1), (5) and (6), ballot papers are to be counted, at the counting zone, using any one or more of the following methods, as determined by the Officer-in-charge of the counting station— (L.N. 134 of 2009; 5 of 2014 s. 52; 12 of 2014 s. 74; L.N. 163 of 2021)(a) the—(i) ballot papers are to be sorted according to the choices marked on them; and(ii) votes for each candidate are to be counted;(b) the—(i) choice or choices marked on each ballot paper is or are to be made known to the persons present at the counting zone by calling out the name of the candidate or each candidate for whom the vote or a vote is given and the candidate’s candidate number; (L.N. 163 of 2021)(ii) votes for each candidate whose name is so called out are to be recorded on a board set up in a prominent place within the counting zone; and(iii) votes recorded for each candidate are to be counted;(c) the votes recorded on the ballot papers are to be counted with the use of a computer; (5 of 2014 s. 52)(d) the—(i) choice or choices marked on each ballot paper are to be recorded in a form or forms; and(ii) votes recorded for each candidate are to be counted. (5 of 2014 s. 52)(2) In the course of counting in accordance with subsection (1)(a), (b), (c) or (d), as the case may be— (5 of 2014 s. 52)(a) any ballot paper—(i) on which there is any writing or mark by which the elector can possibly be identified;(ii) which appears to be a ballot paper described in section 62(b) or (c); or(iii) which appears to be void for uncertainty, shall be separated and forwarded to the Officer-in-charge; and (L.N. 163 of 2021)(b) any ballot paper described in section 62(ab), (e), (f), (g), (h) or (i) shall be separated and shall not be counted pursuant to section 62.(3) The Officer-in-charge must, after counting the votes in accordance with subsection (1), at the counting zone— (L.N. 163 of 2021)(a) verify the number of ballot papers cast at a polling station other than a dedicated polling station (that station) by comparing it with the ballot paper account for that station; and (L.N. 163 of 2021)(b) prepare a statement in writing as to the result of the verification under paragraph (a). (12 of 2014 s. 74)(4) The Officer-in-charge must, in preparing the statement under subsection (3)(b) for that station, take the action specified in subsection (5) if—(a) the Officer-in-charge considers it necessary to do so; or(b) a candidate, an election agent or a counting agent present at the counting zone so requests. (L.N. 163 of 2021)(5) The action specified for the purposes of subsection (4) is to compare the numbers of the following for that station with the ballot paper account for that station—(a) the ballot papers counted under subsection (1);(b) the counterfoils of the ballot papers that have been issued;(c) the ballot papers that have not been issued;(d) the unused ballot papers; and(e) the spoilt ballot papers. (L.N. 163 of 2021)(6) A candidate, an election agent or a counting agent present at the counting zone may copy what is recorded in—(a) the ballot paper account; or(b) the statement prepared under subsection (3)(b). (L.N. 163 of 2021)(5 of 2014 s. 52) 62. Ballot papers not to be counted When counting the votes, any ballot paper—(a) on which there is any writing or mark by which, in the opinion of the Officer-in-charge of a counting station, the elector can possibly be identified; (L.N. 163 of 2021)(ab) which is not marked with a chop issued under section 45; (5 of 2014 s. 53)(b) subject to section 63(3)—(i) used for an election for an Existing Village, which is not marked in accordance with section 48(1)(b); (5 of 2014 s. 53)(ii) used for an election for an Indigenous Village, which is not marked in accordance with section 48(2)(b); (5 of 2014 s. 53)(iii) used for an election for a Composite Indigenous Village, which is not marked in accordance with section 48(3)(b); or (5 of 2014 s. 53)(iv) used for an election for a Market Town, which is not marked in accordance with section 48(4)(b); (5 of 2014 s. 53)(c) which is substantially mutilated;(d) which the Officer-in-charge of a counting station determines under section 63(2)(b)(iii) as being void for uncertainty; (L.N. 163 of 2021)(e) which has the words “TENDERED” and “重複” endorsed on it;(f) which has the words “UNUSED” and “未用” endorsed on it;(g) which has the words “SPOILT” and “損壞” endorsed on it; (5 of 2014 s. 53)(h) which is unmarked; or (5 of 2014 s. 53)(i) which contains votes for a number of candidates exceeding the number of Rural Representative or Rural Representatives to be returned for the Rural Area at the election concerned, (5 of 2014 s. 53)shall not be counted. 63. Determination of validity of questionable ballot papers (1) If a ballot paper is forwarded to the Officer-in-charge of a counting station under section 61(2)(a)— (L.N. 163 of 2021)(a) a candidate, an election agent or a counting agent, if present at the counting zone, is entitled to inspect the ballot paper; and(b) the candidate or the election agent is entitled to make representations to the Officer-in-charge concerning the ballot paper.(2) After considering the representations (if any) made under subsection (1)(b), the Officer-in-charge must determine whether the ballot paper— (L.N. 163 of 2021)(a) is valid and the vote shall be counted; or(b) shall not be counted pursuant to section 62 for—(i) having on it any writing or mark by which, in the opinion of the Officer-in-charge, the elector can possibly be identified;(ii) being a ballot paper described in section 62(b) or (c); or(iii) being void for uncertainty.(3) Despite section 62(b), the Officer-in-charge may determine under subsection (2) that a ballot paper which is not marked in accordance with section 48(1)(b), (2)(b) , (3)(b) or (4)(b), as the case may be, is valid and the vote shall be counted in any manner specified in section 61(1), if, subject to other provisions of section 62, he is satisfied that the elector has marked the ballot paper by affixing the chop issued under section 45 on the ballot paper so as to clearly indicate his intention to vote for the candidate or candidates concerned, as the case may be. (5 of 2014 s. 54)(4) If—(a) the Officer-in-charge determines under subsection (2) that a ballot paper is valid and the vote shall be counted; and(b) a candidate or an election agent objects to the determination, the Officer-in-charge must endorse the words “acceptance objected to” and “予以接納的決定遭反對” on the front of the ballot paper.(5) If the Officer-in-charge determines under subsection (2) that a ballot paper shall not be counted, he shall— (L.N. 163 of 2021)(a) endorse the words “rejected” and “不予接納” on the front of it; and(b) where a candidate or an election agent objects to the determination, endorse the words “rejection objected to” and “不予接納的決定遭反對” on the front of it.(6) If—(a) the Officer-in-charge determines under subsection (2) that a ballot paper shall not be counted pursuant to section 62 for— (L.N. 163 of 2021)(i) having on it any writing or mark by which, in the opinion of the Officer-in-charge, the elector can possibly be identified;(ii) being a ballot paper described in section 62(b) or (c); or (iii) being void for uncertainty; or(b) any ballot paper is not to be counted pursuant to section 62(ab), (e), (f), (g), (h) or (i), (5 of 2014 s.

54)the Officer-in-charge must prepare a statement regarding such ballot paper.(7) A statement prepared under subsection (6) shall show the respective number of ballot papers under the following heads—(a) having on it any writing or mark by which the elector can possibly be identified;(ab) not marked with a chop issued under section 45; (5 of 2014 s. 54)(b) not marked in accordance with section 48(1)(b), (2)(b), (3)(b) or (4)(b) (as the case may be); (5 of 2014 s. 54)(c) substantially mutilated;(d) void for uncertainty;(e) endorsed with the words “TENDERED” and “重複”;(f) endorsed with the words “UNUSED” and “未用”;(g) endorsed with the words “SPOILT” and “損壞”; (5 of 2014 s. 54)(h) unmarked; and (5 of 2014 s. 54)(i) containing votes for a number of candidates exceeding the number of Rural Representative or Rural Representatives to be returned for the Rural Area at the election concerned. (5 of 2014 s. 54)(8) A determination made under subsection (2) shall be final.(9) To avoid doubt, the Officer-in-charge must not make a determination not to count a ballot paper solely because the name of, and other information relating to, a candidate on the ballot paper are crossed out under section 33(3). (1 of 2019 s. 44)(L.N. 163 of 2021) 64. Final verification of number of ballot papers (L.N. 163 of 2021)(1) The Officer-in-charge of a counting station other than a ballot paper sorting station must, after counting the votes in accordance with section 61 and determining the validity of any questionable ballot paper in accordance with section 63— (L.N. 163 of 2021)(a) record the number of valid ballot papers;(b) record the number of ballot papers which are not counted pursuant to section 62;(c) verify the numbers recorded under paragraphs (a) and (b) by comparing them with the statement prepared under section 61(3)(b); and (L.N. 163 of 2021)(d) prepare a statement in writing as to the result of the verification.(2) (Repealed L.N. 163 of 2021)(3) A candidate, an election agent or a counting agent may copy what is recorded in the statement prepared under subsection (1)(d).(L.N. 134 of 2009; L.N. 163 of 2021) 65. Result of counting of votes and re-count: 1 counting station (1) This section applies if there is only 1 counting station for a Rural Area.(2) After the votes are counted and the number of ballot papers are verified, the Officer-in-charge of a counting station must—(a) make known the result of the counting of the votes to—(i) the candidates who are present at the counting zone; and(ii) the election agent or a counting agent (if present at the zone) of a candidate who is not present; and(b) give the candidates or election agents a reasonable opportunity to make a request under subsection (3).(3) A candidate or an election agent who is present at the counting zone may request the Officer-in-charge to count again the counted or re-counted votes.(4) The Officer-in-charge must comply with a request under subsection (3) unless the Officer-in-charge is of the opinion that the request is unreasonable.(5) If the Officer-in-charge is a Presiding Officer, the Presiding Officer must report to the Returning Officer appointed for the Rural Area concerned the result of the counting of the votes and re-count (if any).(L.N. 163 of 2021) 65A. Result of counting of votes and re-count: 2 or more counting stations (1) This section applies if there are 2 or more counting stations for a Rural Area.(2) After the votes are counted and the number of ballot papers are verified, the Officer-in-charge of a counting station must—(a) make known the result of the counting of the votes at the station to—(i) the candidates who are present at the counting zone; and(ii) the election agent or a counting agent (if present at the zone) of a candidate who is not present; and(b) give the candidates or election agents a reasonable opportunity to make a request under subsection (3).(3) A candidate or an election agent who is present at the counting zone may request the Officer-in-charge to count again the counted or re-counted votes.(4) The Officer-in-charge must comply with a request under subsection (3) unless the Officer-in-charge is of the opinion that the request is unreasonable.(5) If the Officer-in-charge is a Presiding Officer, the Presiding Officer must report to the Returning Officer appointed for the Rural Area concerned the result of the counting of the votes and re-count (if any).(6) After the Returning Officer has obtained the results of the counting of the votes and re-count (if any) of all the counting stations for the Rural Area, the Officer must make known the results to the candidates or their election agents or counting agents who are present at the place specified by the Officer.(7) A candidate or an election agent who is present at the place may make a request to the Returning Officer for a re-count of all the votes of all the counting stations for the Rural Area.(8) The Returning Officer must comply with a request under subsection (7) unless the Officer is of the opinion that the request is unreasonable.(9) If the Returning Officer decides to comply with a request under subsection (7), the Officer must—(a) if the Officer presides at one of the counting stations for the Rural Area—(i) conduct a re-count at the station; and(ii) inform the Presiding Officers of the other counting stations for the Rural Area to conduct a re-count at their respective stations at the same time; or(b) if the Officer does not preside at any counting station for the Rural Area—inform the Presiding Officers of the counting stations for the Rural Area to conduct a re-count at their respective stations at the same time.(10) The Officer-in-charge of a counting station must—(a) make known the result of the re-count mentioned in subsection (9) at the station to the candidates or their election agents or counting agents who are present in the station; and(b) if the Officer-in-charge is a Presiding Officer—report that result to the Returning Officer.(11) After the Returning Officer has obtained the results of the re-counts, the Officer must make known the results to the candidates or their election agents or counting agents who are present at the place specified under subsection (6).(L.N. 163 of 2021) 65B. Conduct of drawing of lots (1) The drawing of lots for determining the result of an election for a Rural Area under section 31(6) of the Election Ordinance must be conducted at—(a) the office of the Returning Officer appointed for the Rural Area; or(b) any other place determined by the Officer.(2) Subject to subsection (3), the drawing of lots must be conducted in the presence of—(a) the candidates who may be returned for the Rural Area at the election as a result of the drawing of lots (relevant candidates); or(b) the relevant candidates’ election agents or counting agents.(3) The drawing of lots may be conducted in the absence of a relevant candidate if—(a) the candidate cannot be contacted for attending the drawing of lots by the means of contact provided by the candidate on the nomination form; or(b) the candidate has notified the Returning Officer that the candidate would not be attending the drawing of lots in person or through the candidate’s election agent or counting agent.(4) If a relevant candidate is absent for the drawing of lots, the Returning Officer may draw lots on behalf of the candidate, provided that before doing so, the Officer announces on which relevant candidate’s behalf the Officer is drawing the lots.(L.N. 163 of 2021) 66. 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, the Returning Officer shall declare as elected the candidate who was successful at the election under section 31(7) of the Election Ordinance.(2) If, before declaring a successful candidate to be elected, it comes to the knowledge of the Returning Officer that the candidate has died or is disqualified from being elected, section 21(3), (4), (5) and (6) applies. 67. Notice of election result (1) The Returning Officer shall, as soon as practicable after declaring the election result in accordance with section 66(1)—(a) display a notice of the result of the election in a prominent place immediately outside each of the counting stations for the Rural Area concerned; and (L.N. 163 of 2021)(b) send a copy of the notice of the result of the election to—(i) the Chairman of the Commission;(ii) the Secretary for Constitutional and Mainland Affairs; (L.N. 130 of 2007)(iii) the Secretary for Home and Youth Affairs; (L.N. 144 of 2022)(iv) the Director of Home Affairs; and(v) the Chief Electoral Officer.(2) The Returning Officer shall, within 10 days after the date of declaring the election result in accordance with section 66(1), publish a notice in the Gazette, as provided in section 36(1) of the Election Ordinance.(3) A notice referred to in subsection (1) or (2)—(a) for an Existing Village is to be in Form 1 set out in Schedule 2; (5 of 2014 s. 55)(b) for an Indigenous Village is to be in Form 2 set out in Schedule 2; (5 of 2014 s. 55)(c) for a Composite Indigenous Village is to be in Form 3 set out in Schedule 2; or (5 of 2014 s. 55)(d) for a Market Town is to be in Form 4 set out in Schedule 2. (5 of 2014 s. 55) Part 7 Disposal of Documents (Format changes—E.R. 3 of 2014) 68. Ballot papers to be sealed (1) The Officer-in-charge of a counting station must, as soon as practicable after ascertaining the result of the poll, at the counting zone, make up into separate sealed packets— (L.N. 163 of 2021)(a) the counted ballot papers;(b) the counterfoils of the ballot papers that have been issued;(c) the ballot papers that have not been issued; and(d) the ballot papers that are not counted pursuant to section 62.(2) The Officer-in-charge must endorse on each sealed packet— (L.N. 163 of 2021)(a) a description of its contents;(b) the date of the election; and(c) the name and the type of the Rural Area concerned. (5 of 2014 s. 2)(3) A candidate, an election agent or a counting agent may be present when the Officer-in-charge makes up the sealed packets and endorses them. (L.N. 163 of 2021) 69. Ballot papers, accounts, packets, etc. to be sent to Director of Home Affairs (1) The Officer-in-charge of a counting station must, as soon as practicable after discharging the Officer-in-charge’s duties under section 68, send to the Director of Home Affairs— (L.N. 163 of 2021)(a) the ballot paper accounts; (L.N. 134 of 2009)(b) the statement prepared under section 63(6);(c) the verification statements; (L.N. 163 of 2021)(d) the sealed packets made up under section 68(1);(e) if the Officer-in-charge is a Returning Officer—all nomination forms delivered to the Returning Officer in accordance with section 7(1); (L.N. 163 of 2021)(f) if the Officer-in-charge is a Returning Officer—all notices of withdrawal (if any) delivered to the Returning Officer in accordance with section 14(2); (L.N. 163 of 2021)(g) all notices of appointment (if any) given to the Officer-in-charge under section 24(2), 36(4) or 56(4); (L.N. 163 of 2021)(h) all notices of revocation (if any) given to the Officer-in-charge under section 24(4), 36(6) or 56(6); (L.N. 163 of 2021)(ha) if the copy of the relevant final register or registers has been marked under section 45(8)(a)—the marked copy; and (L.N. 163 of 2021)(i) any other documents relating to the election for the Rural Area concerned as specified by the Commission. (5 of 2014 s. 2)(2) A Returning Officer who does not preside at any counting station must, as soon as practicable after discharging the Officer’s duties under section 67(1), send to the Director of Home Affairs—(a) all nomination forms delivered to the Officer in accordance with section 7(1);(b) all notices of withdrawal (if any) delivered to the Officer in accordance with section 14(2);(c) all notices of appointment (if any) given to the Officer under section 24(2), 36(4) or 56(4);(d) all notices of revocation (if any) given to the Officer under section 24(4), 36(6) or 56(6); and(e) any other documents relating to the election for the Rural Area concerned as specified by the Commission. (L.N. 163 of 2021) 70. Inspection of ballot paper kept by Director of Home Affairs The Director of Home Affairs shall not permit any person to inspect any ballot paper sent to him under section 69 other than on an order made by a court in proceedings relating to an election petition or in other legal proceedings. 71. Retention of election materials (L.N. 163 of 2021)The Director of Home Affairs must— (L.N. 163 of 2021)(a) retain in the Director’s custody the following that relate to an election for 6 months after the date on which the result of the election is declared in accordance with section 66(1)—(i) the documents sent under section 69; and(ii) the copies or extracts of the relevant final registers in which records have been made under section 45(8)(b); and (L.N. 163 of 2021)(b) unless otherwise directed by an order made by a court in proceedings relating to an election petition or in other legal proceedings, destroy the documents and copies or extracts after the expiry of those 6 months. (L.N. 163 of 2021) Part 8 Postponement or Adjournment of Election Proceedings (Format changes—E.R. 3 of 2014) 72. Postponement or adjournment of polling at all polling stations or counting of votes at all counting stations (1) The Commission may direct—(a) the postponement of the poll for an election if, before the commencement of polling, the Commission is of the opinion that the poll; or(b) the postponement of the counting of the votes in respect of the poll for an election if, before the commencement of counting, the Commission is of the opinion that the counting, is likely to be obstructed, disrupted, undermined or seriously affected by—(c) a typhoon or other climatic condition of a serious nature;(d) riot or open violence or any danger to public health or safety; or(e) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting.(2) The Commission may direct—(a) the adjournment of the poll for an election if, during the polling, the Commission is of the opinion that the poll; or(b) the adjournment of the counting of the votes in respect of the poll for an election if, during the counting, the Commission is of the opinion that the counting, is likely to be or is being obstructed, disrupted, undermined or seriously affected by—(c) a typhoon or other climatic condition of a serious nature;(d) riot or open violence or any danger to public health or safety; or(e) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or the counting.(3) Subject to section 45(3), an elector who has cast a vote at a poll adjourned under subsection (2) is not entitled and shall not be allowed to cast a vote again at the resumed polling.(12 of 2014 s. 87) 73. Adjournment of polling at a particular polling station or counting of votes at a particular counting station (1) The Presiding Officer appointed for a polling station may, after consulting the Returning Officer, direct the adjournment of a poll for an election at that polling station if, during the polling, the Presiding Officer is of the opinion that the poll is likely to be or is being obstructed, disrupted, undermined or seriously affected by—(a) a typhoon or other climatic condition of a serious nature;(b) riot or open violence or any danger to public health or safety; or(c) an occurrence which appears to the Presiding Officer to be a material irregularity relating to the election, the poll or the counting concerned.(2) The Officer-in-charge of a counting station may direct the adjournment of the counting of the votes in respect of the poll for an election at the counting station if, during the counting, the Officer-in-charge is of the opinion that the counting is likely to be or is being obstructed, disrupted, undermined or seriously affected by— (L.N. 163 of 2021)(a) a typhoon or other climatic condition of a serious nature;(b) riot or open violence or any danger to public health or safety; or(c) an occurrence which appears to the Officer-in-charge to be a material irregularity relating to the election, the poll or the counting. (L.N. 163 of 2021)(3) If the Officer-in-charge is a Presiding Officer or an Assistant Returning Officer, the Officer-in-charge may only exercise the power under subsection (2) after consulting the Returning Officer appointed for the Rural Area concerned. (L.N. 163 of 2021)(12 of 2014 s. 88) 74. Publication of postponement or adjournment of polling or counting (1) If the Commission directs the postponement or adjournment of—(a) a poll; or(b) the counting of the votes in respect of a poll, it shall publish the direction in such manner as it considers practicable.(2) If a Presiding Officer directs the adjournment of a poll at a polling station, the Officer must publish the direction in a way the Officer considers practicable. (L.N. 163 of 2021)(3) If the Officer-in-charge of a counting station directs the adjournment of the counting of the votes at the station, the Officer-in-charge must publish the direction in a way the Officer-in-charge considers practicable. (L.N. 163 of 2021) 75. Procedure after adjournment of polling (1) If a poll is adjourned, the Presiding Officer shall, as soon as practicable after receiving the direction under section 72(2) or giving the direction under section 73(1), as the case may be, make up into separate sealed packets—(a) the counterfoils of the ballot papers that have been issued;(b) the ballot papers that have not been issued;(c) the unused ballot papers;(d) the spoilt ballot papers; and(e) if the copy of the relevant final register or registers has been marked under section 45(8)(a)—the marked copy, (L.N. 163 of 2021) and, at a polling station used for polling for more than one Rural Area, make separate sealed packets for each Rural Area, in the presence of the persons who are present in the polling station. (5 of 2014 s. 2)(2) The Presiding Officer shall, as soon as practicable after complying with subsection (1), deliver—(a) the sealed ballot box or boxes; and(b) the sealed packets referred to in subsection (1), to the Returning Officer or the relevant Returning Officers.(3) If it is impracticable to make delivery under subsection (2), the Presiding Officer shall deposit the sealed ballot box or boxes and sealed packets in—(a) a safe place within the polling station;(b) if there is no safe place referred to in paragraph (a), a safe place within a police station or a public building close to the polling station; or(c) if there is no safe place referred to in paragraph (a) or (b), a safe place within a secure building close to the polling station, until the delivery becomes practicable.(4) Upon the delivery to the Returning Officer or the relevant Returning Officers of the sealed ballot box or boxes and sealed packets under subsection (2), the Returning Officer or the relevant Returning Officers shall—(a) take such steps as are determined by the Commission for the purpose of ensuring the safety and security of the sealed ballot box or boxes and sealed packets; and(b) remain in charge of the sealed ballot box or boxes and sealed packets and be responsible for their safety and security until the resumption of the poll. 76. Procedure after postponement or adjournment of counting (1) If the counting of the votes in respect of a poll is postponed or adjourned at a counting station, the Officer-in-charge of the station must, in the presence of the persons, if any, present in the station— (L.N. 163 of 2021)(a) (in the case of adjournment) cease the counting;(b) deposit all of the following items in a place specified in subsection (2)—(i) the ballot box or boxes (whether opened or not);(ii) the receptacle or receptacles (if any);(iii) the ballot papers (whether counted or not);(iv) the ballot papers endorsed with the words “TENDERED” and “重複”;(v) the ballot paper account or accounts;(vi) the verification statement;(vii) the sealed packets made up under section 53 or 53A;(viii) any other materials relating to the election that the Officer-in-charge considers appropriate. (L.N. 163 of 2021)(c) take such steps as are determined by the Commission for the purpose of ensuring the safety and security of the materials so deposited; and(d) remain in charge of the materials so deposited and be responsible for their safety and security until the conduct or resumption of the counting of the votes.(2) The place specified for the purposes of subsection (1) is—(a) a safe place within the counting station;(b) if there is no safe place as mentioned in paragraph (a)—a safe place within a police station or a public building close to the counting station;(c) if there is no safe place as mentioned in paragraph (a) or (b)—a safe place within a secure building, which may be a residential building, close to the counting station; or(d) if there is no safe place as mentioned in paragraph (a), (b) or (c)—a safe place within any other police station or public building or, in the absence of such a station or building, a safe place in any other building, which may be a residential building. (L.N. 163 of 2021) 77. Resumption of postponed or adjourned polling or counting (1) If a poll is postponed, the Commission shall appoint—(a) a date within 14 days after the date of the postponed poll as the new polling day; and(b) the polling hours on the new polling day.(2) If a poll is adjourned, the Commission shall appoint—(a) a date within 14 days after the date of the adjourned poll as the day on which the polling shall resume; and(b) the polling hours for the resumed polling.(3) If the counting of the votes in respect of a poll is postponed, the Commission shall appoint a date within 14 days after the date of the postponed counting as the day on which the counting shall be conducted.(4) If the counting of the votes in respect of a poll is adjourned, the Commission shall appoint a date within 14 days after the date of the adjourned counting as the day on which the counting shall resume.(5) As soon as practicable after an appointment under subsection (1), (2), (3) or (4), as the case may be, is made, the Commission shall—(a) publish a notice of the appointment in the Gazette; or(b) announce the appointed date and, where applicable, the appointed polling hours by such other means as the Commission considers appropriate.(6) The appointment of a date under this section for holding a rural by-election shall be subject to section 21(2) and (3) of the Election Ordinance. (5 of 2014 s. 2)(7) (Repealed 12 of 2014 s. 89)(12 of 2014 s. 89) Part 9 Miscellaneous and Supplemental Provisions (Format changes—E.R. 2 of 2012) 78. Certain officers cannot act as candidate’s agent A Returning Officer, an Assistant Returning Officer, a Presiding Officer, a polling officer and a counting officer may not act as—(a) an election agent;(b) an election expense agent;(c) a polling agent; or(d) a counting agent,in relation to an election. 79. Employees of candidates shall not act as electoral officers No person shall, while in the employment of a candidate, act as—(a) a Returning Officer;(b) an Assistant Returning Officer;(c) a Presiding Officer;(d) a polling officer; or(e) a counting officer,at an election. 79A. 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, 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. 134 of 2009 and L.N. 197 of 2009) 80. Act done in the absence of candidates or agents still valid If an act is required or authorized under this Regulation to be done in the presence of—(a) a candidate or all candidates; or(b) an election agent, a polling agent or a counting agent,that act shall not be invalid solely for the reason that such person or persons are not present when the act is performed. 81. Declaration of secrecy (1) No person (other than a person specified in subsection (2)) shall—(a) enter a polling station or a counting zone without making a declaration of secrecy in the specified form; or(b) stay in a polling station or a counting zone without carrying with him the declaration of secrecy.(2) The following persons are specified for the purposes of subsection (1)—(a) an elector who comes to a polling station for the purpose of voting;(b) a child accompanying an elector who comes to a polling station for the purpose of voting;(c) a police officer, an officer of the Correctional Services Department or an officer of any law enforcement agency on duty at a polling station or a counting station; and (L.N. 134 of 2009)(d) a member of the Civil Aid Service on duty at a polling station or a counting station.(3) A declaration of secrecy—(a) by a Returning Officer shall be made in the presence of a commissioner defined in section 2 of the Oaths and Declarations Ordinance (Cap. 11); or(b) by any other person shall be made in the presence of—(i) a Returning Officer;(ii) a member of the Commission;(iii) a justice of the peace;(iv) a commissioner referred to in paragraph (a); or(v) the Chief Electoral Officer. 82. Secrecy (1) No person shall—(a) subject to subsection (2), divulge to any person whether an elector has or has not applied for a ballot paper or voted;(aa) subject to subsection (2), divulge to any other person the identity of an elector in custody; (L.N. 134 of 2009)(b) communicate to another person any information obtained at the counting of the votes as to the candidate for whom a vote has been given on any particular ballot paper;(c) interfere with an elector when he is marking the ballot paper;(d) interfere with or attempt to interfere with a ballot box, a ballot paper (including a ballot paper that has not been counted pursuant to section 62), a copy of the relevant final register in printed form marked under section 45(8)(a), a statement prepared under section 63(6) or a verification statement; (L.N. 163 of 2021)(e) without the permission of the Returning Officer or the Presiding Officer, obtain or attempt to obtain in any manner within a polling station, a no canvassing zone or a no staying zone information as to the candidate for whom an elector is about to vote or has voted;(f) communicate to another person any information obtained within a polling station as to the candidate for whom an elector is about to vote or has voted; or(g) directly or indirectly induce an elector to display a ballot paper marked by the elector so as to make known to any person any information as to the candidate for whom the elector has voted.(2) Subsection (1)(a) or (aa) does not apply to— (L.N. 134 of 2009)(a) any act authorized by law; or(b) anything done at the direction of a police officer or an officer of the Independent Commission Against Corruption investigating an offence under—(i) sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap. 201);(ii) section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204);(iii) the Electoral Affairs Commission Ordinance (Cap. 541); or(iv) the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). 83. Manner of giving notice (1) Notices under the following provisions may be delivered by hand, by post, by electronic mail or by facsimile transmission— (12 of 2014 s. 63)(a) section 12(1) (decision on validity of nomination);(b)-(c) (Repealed 12 of 2014 s. 63)(d) section 25(1) (notice to candidates of appointment of election agents);(e) section 29(1) (polling notice);(f) section 34(2) (boundaries of no canvassing zone and no staying zone);(g) section 34(5) (variation of no canvassing zone and no staying zone);(h)-(i) (Repealed 12 of 2014 s. 50)(j) section 42(4) (allocation of candidate numbers by drawing of lots); or (12 of 2014 s. 50)(k) section 55(3) (place and time of counting of votes). (12 of 2014 s. 50)(l)-(m) (Repealed 12 of 2014 s. 50)(2) A notice under section 34(5) may be given orally if delivering it in accordance with subsection (1) is not practicable or is not suitable in the circumstances. (12 of 2014 s. 63) 84. Specified forms (1) The Commission may specify forms for the purposes of this Regulation on—(a) nomination of candidates; and(b) withdrawal of candidature.(2) The Director of Home Affairs may specify forms (other than those referred to in subsection (1)) for the purposes of this Regulation.(3) Forms specified under subsections (1) and (2) shall be made available by the Director of Home Affairs—(a) free of charge; and(b) during ordinary business hours at his office.(4) Subsection (3) does not apply to the specified forms referred to in—(a) section 16(2) (notice declaring candidates to be duly elected in uncontested election);(b) section 25(2) (notice to candidates of appointment of election agents);(c) section 29(1) (polling notice); and(d) section 54(2) (ballot paper account). 84A. Officer-in-charge may perform functions through counting officers (1) Subject to subsection (2), the Officer-in-charge of a counting station may perform any act that the Officer-in-charge is required or authorized to perform under this Regulation through a counting officer.(2) The Officer-in-charge may not delegate under subsection (1) the power to do any of the following—(a) adjourn the counting of the votes under section 73(2);(b) determine the validity of a ballot paper under section 63(2);(c) decide as to whether the vote recorded on a ballot paper is to be counted.(L.N. 163 of 2021) 85. Limit on Returning Officer’s power to delegate A Returning Officer may not delegate to an Assistant Returning Officer—(a) the power under section 27 of the Election Ordinance to decide on the validity of a nomination;(b) a determination under section 63(2); or(c) the declaration of the result of an election under section 31(7) of the Election Ordinance. 86. Powers, duties and functions of Director of Home Affairs (1) The Director of Home Affairs is subject to the directions of the Commission in the performance of his functions under this Regulation.(2) The Director of Home Affairs may delegate his powers, duties or functions under this Regulation to a member of the staff of the Department of Home Affairs. 87. Reporting of irregularities (1) If the Director of Home Affairs is of the opinion that an irregularity has occurred in relation to an election, a poll or the counting of votes in respect of a poll, or a Returning Officer or a Presiding Officer is of the opinion that an irregularity has occurred in relation to an election, a poll or the counting of the votes in respect of a poll, he shall make a report in writing to the Commission.(2) A report of an irregularity shall be made—(a) as soon as practicable after the Director of Home Affairs or the Officer concerned becomes aware of it; and(b) in any case not later than 14 days after the polling day.(3) If the Director of Home Affairs is of the opinion that a material irregularity has occurred or is likely to occur in relation to an election, a poll or the counting of the votes in respect of a poll, or a Returning Officer or a Presiding Officer is of the opinion that a material irregularity has occurred or is likely to occur in relation to an election, a poll or the counting of the votes in respect of a poll, he shall immediately make a report to the Commission in such manner as he considers expedient in the circumstances.(4) If a report is made under subsection (3) otherwise than in writing, the Director of Home Affairs or the Officer concerned shall make a report also in writing—(a) as soon as practicable after the making of the first-mentioned report; and(b) in any case not later than 30 days after the polling day. 88. (Repealed 11 of 2012 s. 20) 89. Offence (1) Any person who contravenes section 35(2), (5), (7) or (9), 37(1), 38(2), (5), (7), (9) or (11), 58(3), 59(2), (3), (5) or (7), 78 or 79 commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months. (L.N. 134 of 2009 and L.N. 197 of 2009)(2) Any person who contravenes section 38(4), 47(8), or 82(1) commits an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months. (11 of 2012 s. 21; 5 of 2014 s. 56)(12 of 2009 s. 37) 90. Offence of false statement (1) Any person who—(a) makes a statement which he knows to be false in a material particular in an election related document;(b) recklessly makes a statement which is incorrect in a material particular in an election related document; or(c) omits a material particular in an election related document, commits an offence.(2) Any person (the first-mentioned person) who directly or indirectly by himself or by another person on his behalf conspires with, incites, compels, induces, coerces, intimidates or persuades any other person to—(a) make a false statement; or(b) provide information which the first-mentioned 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 shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months.(4) An offence under subsection (1) or (2) is an offence prescribed for the purposes of sections 9(1)(d)(iv) and 23(1)(e)(iv) of the Election Ordinance. (5 of 2014 s. 57)(5) In this section, election related document (與選舉有關的文件) means a form, declaration, application, notice, statement or nomination form required or used for the purposes of the Election Ordinance or this Regulation. Part 10 Election Advertisements (Part 10 added 11 of 2012 s. 22) 91. Interpretation (Part 10) (1) In this Part—Court (法院) means the Court of First Instance;Director (署長) means the Director of Home Affairs; 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 29 of the Election Ordinance or section 19; 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 Rural Area, any reference in this Part to a Returning Officer is to be construed as a reference to the Director. (5 of 2014 s. 2)(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; (8 of 2022 s. 19)(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. 92. 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 subsection (1) or (2) of section 27 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), the consent referred to in subsection (1A), (1B), (2A) or (2B) of that section.(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 Director or a person authorized by the Director (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 Director must publicize any platform maintained under subsection (2)(a) and ensure that the platform is maintained until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).(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. 93. Court may grant relief for election advertisements (1) A person who publishes an election advertisement without complying with section 92(1)(a) or (4) may apply to the Court for an order under subsection (2).(2) On the hearing of an application made under subsection (1), the Court may make an order excepting the act which would, but for the order, constitute an offence under subsection (9) of section 92, from the relevant requirement under that section, but only if the Court—(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 92(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 92(9) if the non-compliance by the applicant with section 92(1)(a) or (4) is the subject of an order made under subsection (2). 94. 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 92 has not been complied with. 95. 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 92. Part 11 Electronic Copy or Extract of Final Register for Purposes of Section 45(8)(b) (Part 11 added L.N. 163 of 2021) 96. Interpretation (Part 11) In this Part—FR electronic copy or extract (正式登記冊電子文本或摘錄) means an electronic copy or extract of the final register, or of part of the final register, created and maintained under section 97;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. 97. FR electronic copy or extract (1) The Commission may, for the purposes of section 45(8)(b), create and maintain an electronic copy or extract of the final register, or of part of the final register—(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 Director of Home Affairs thinks fit to include. 98. 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 45(8)(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. 99. Commission may authorize access to FR electronic copy or extract (1) A member of the Commission may, for the purposes of section 98(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 [s. 41]Forms of Ballot Papers for a Rural Ordinary Election/Rural By-Election (5 of 2014 s. 2)(Format changes—E.R. 3 of 2014; Format changes—E.R. 1 of 2019) Form 1 Ballot Paper to be Used for Election for an Existing Village * Only the appropriate information will be printed. (5 of 2014 s. 2; E.R. 1 of 2019) Form 2(a) Ballot Paper to be Used for Election for an Indigenous Village * Only the appropriate information will be printed.(5 of 2014 s. 2; E.R. 1 of 2019) Form 2(b) Ballot Paper to be Used for Election for an Indigenous Village (More than One Vacancy) * Only the appropriate information will be printed. (5 of 2014 s. 2; E.R. 1 of 2019) Form 3 Ballot Paper to be Used for Election for a Composite Indigenous Village * Only the appropriate information will be printed. (5 of 2014 s. 2; E.R. 1 of 2019) Form 4(a) Ballot Paper to be Used for Election for a Market Town (More Than One Vacancy) * 只會印上適當的資料。 * Only the appropriate information will be printed.(5 of 2014 s. 58; E.R. 1 of 2019) Form 4(b) Ballot Paper to be Used for Election for a Market Town (One Vacancy) * 只會印上適當的資料。* Only the appropriate information will be printed.(5 of 2014 s. 58) Schedule 2 [s. 67]Forms for the Notice of Result of Election Under Section 36 of the Rural Representative Election Ordinance (Cap. 576) (5 of 2014 s. 2)(Format changes—E.R. 3 of 2014) Form 1 Notice of Result of Election for an Existing Village 《選舉程序(鄉郊代表選舉)規例》ELECTORAL PROCEDURE (RURAL REPRESENTATIVEELECTION) REGULATION 選舉結果公告NOTICE OF RESULT OF ELECTION * 鄉郊一般選舉/鄉郊補選 現有鄉村居民代表選舉 *(鄉村名稱) *RURAL ORDINARY ELECTION/RURAL BY-ELECTION ELECTION OF RESIDENT REPRESENTATIVE FOR EXISTING VILLAGE *(NAME OF VILLAGE) 1. 於 * 年 月 日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 所得票數Number of Votes Given tothe Candidate 2. 特此公布下列候選人 * (依據以抽籤方式決定的選舉結果)當選為上述現有鄉村的居民代表 ——It is hereby notified that the following candidate is declared to be elected as a Resident Representative for the above-mentioned Existing Village *(pursuant to a result determined by drawing lots)— *(當選的候選人姓名)*(Name of Candidate Elected) *(日期)*(date) *(選舉主任姓名)*(鄉村名稱)選舉主任*(Name of Returning Officer)Returning Officer for *(Name of Village) * Only the appropriate information will be printed.(5 of 2014 s. 2) Form 2 Notice of Result of Election for an Indigenous Village 《選舉程序(鄉郊代表選舉)規例》ELECTORAL PROCEDURE (RURAL REPRESENTATIVEELECTION) REGULATION 選舉結果公告NOTICE OF RESULT OF ELECTION* 鄉郊一般選舉/鄉郊補選 原居鄉村原居民代表選舉 *(鄉村名稱) *RURAL ORDINARY ELECTION/RURAL BY-ELECTION ELECTION OF INDIGENOUS INHABITANT REPRESENTATIVE FOR INDIGENOUS VILLAGE *(NAME OF VILLAGE) 1. 於 * 年 月 日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 所得票數Number of Votes Given tothe Candidate 2.

特此公布下列候選人 * (依據以抽籤方式決定的選舉結果)當選為上述原居鄉村的原居民代表 ——It is hereby notified that the following *candidate(s)*is/are declared to be elected as an Indigenous Inhabitant Representative for the above-mentioned Indigenous Village *(pursuant to a result determined by drawing lots)— 候選人編號Candidate Number 當選的候選人姓名Name of Candidate Elected *(日期)*(date) *(選舉主任姓名)*(鄉村名稱)選舉主任*(Name of Returning Officer)Returning Officer for *(Name of Village) * Only the appropriate information will be printed.(L.N. 29 of 2004; 5 of 2014 s. 2) Form 3 Notice of Result of Election for a Composite Indigenous Village 《選舉程序(鄉郊代表選舉)規例》ELECTORAL PROCEDURE (RURAL REPRESENTATIVEELECTION) REGULATION選舉結果公告NOTICE OF RESULT OF ELECTION* 鄉郊一般選舉/鄉郊補選 共有代表鄉村原居民代表選舉 *(鄉村名稱)*RURAL ORDINARY ELECTION/RURAL BY-ELECTION ELECTION OF INDIGENOUS INHABITANT REPRESENTATIVE FOR COMPOSITE INDIGENOUS VILLAGE *(NAME OF VILLAGE) 1. 於 * 年 月 日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 所得票數Number of Votes Given tothe Candidate 2. 特此公布下列候選人 *(依據以抽籤方式決定的選舉結果)當選為上述共有代表鄉村的原居民代表 ——It is hereby notified that the following candidate is declared to be elected as an Indigenous Inhabitant Representative for the above-mentioned Composite Indigenous Village *(pursuant to a result determined by drawing lots)— *(當選的候選人姓名)*(Name of Candidate Elected) *(日期)*(date) *(選舉主任姓名)*(鄉村名稱)選舉主任*(Name of Returning Officer)Returning Officer for *(Name of Village) * Only the appropriate information will be printed.(5 of 2014 s. 2) Form 4 Notice of Result of Election for a Market Town 《選舉程序(鄉郊代表選舉)規例》ELECTORAL PROCEDURE (RURAL REPRESENTATIVE ELECTION) REGULATION 選舉結果公告NOTICE OF RESULT OF ELECTION * 鄉郊一般選舉╱鄉郊補選 墟鎮街坊代表選舉 *(墟鎮名稱) *RURAL ORDINARY ELECTION/RURAL BY-ELECTION ELECTION OF KAIFONG REPRESENTATIVE FOR MARKET TOWN *(NAME OF MARKET TOWN) 1. 於* 年 月 日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 所得票數Number of Votes Given to theCandidate 2. 特此公布下列候選人*(依據以抽籤方式決定的選舉結果)當選為上述墟鎮的街坊代表 ——It is hereby notified that the following *candidate(s) *is/are declared to be elected as a Kaifong Representative for the above-mentioned Market Town *(pursuant to a result determined by drawing lots)— 候選人編號Candidate Number 當選的候選人姓名Name of Candidate Elected *(日期) *(選舉主任姓名)*(墟鎮名稱)選舉主任 *(date) *(Name of Returning Officer)Returning Officer for *(Name of Market Town) *只會印上適當的資料。* Only the appropriate information will be printed. (5 of 2014 s. 59)