Cap. 541 sub. leg. I

Electoral Affairs Commission (Electoral Procedure) (Election Committee) Regulation(Format changes—E.R. 2 of 2012)(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [12 October 2001] Part 1 Preliminary (Format changes—E.R. 2 of 2012) 1. Interpretation (1) In this Regulation, unless the context otherwise requires—authorized representative (獲授權代表) has the meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569);ballot paper account (選票結算表) means a statement prepared under section 62;candidate (候選人) means, subject to subsection (2), in relation to a particular subsector, a person who is a validly nominated candidate for that subsector;Candidate Eligibility Review Committee (候選人資格審查委員會) means the Candidate Eligibility Review Committee established under section 9A of the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 184)central counting station (中央點票站) means a counting station designated under section 28(9) for the counting of the votes cast at all the polling stations used for polling for more than one subsector election;Chief Returning Officer (Subsectors) (總選舉主任(界別分組)) means the Returning Officer designated as the Chief Returning Officer (Subsectors) under section 96;computer (電腦), in relation to the counting of votes, includes any computer software that is programmed to count the votes cast at a subsector election so as to give an accurate result;counting agent (監察點票代理人) means a person appointed as a counting agent under section 64;counting officer (點票人員) means, in relation to a counting station, a person appointed under section 65 as a counting officer for that counting station;counting station (點票站) means a place designated under section 28(1) for the counting of votes;counting zone (點票區) means an area within a counting station assigned by the Chief Electoral Officer for the counting of the votes for a particular subsector;CPPCC member (全國政協委員) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 184)dedicated polling station (專用投票站) means a place designated as a dedicated polling station under section 28(1A); (L.N. 132 of 2009)designated body (指定團體) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 184)designated nomination form (指定提名表格) means the specified form submitted under section 7 setting out the nominees to represent a subsector on the Election Committee; (14 of 2021 s. 184)EC member (選委會委員) means a member of the Election Committee; 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. 12) election agent (選舉代理人) means a person appointed as an election agent under section 23;election expense agent (選舉開支代理人) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);election expenses (選舉開支) has the meaning assigned to it by section 2(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), but the reference to an election in that meaning is to be construed as the election referred to in section 4(1)(d) or (da) of that Ordinance; (11 of 2012 s. 12)geographical constituencies final register (地方選區正式選民登記冊) means the final register of electors for geographical constituencies compiled under the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A) and which is in effect; (19 of 2023 s. 167)head-dress (頭飾) means anything which is worn on a person’s head; (L.N. 114 of 2006)identity card (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap. 177); identity document (身分證明文件) means— (a) an identity card; (b) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) to a person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; or (1 of 2019 s. 79) (c) any other document issued to a person that is acceptable as proof of the person’s identity to the Electoral Registration Officer (as defined in section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569)); 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. 132 of 2009) law enforcement agency (執法機關) means— (a) the Customs and Excise Department; (b) the Hong Kong Police Force; (c) the Immigration Department; (d) the Independent Commission Against Corruption; or (e) any other department of the Government any officer of which is empowered by any Ordinance to exercise a power of arrest; (L.N. 132 of 2009) maximum security prison (高度設防監獄) means a prison which is specified as a maximum security prison under rule 47A(1)(b) of the Prison Rules (Cap. 234 sub. leg. A); (L.N. 132 of 2009)no canvassing zone (禁止拉票區) means an area determined under section 40 to be an area in which canvassing for votes is prohibited;no staying zone (禁止逗留區) means an area determined under section 40 to be an area in which staying or loitering is prohibited;nomination period (提名期) means the period specified under section 4(3)(b);Nominations Advisory Committee (提名顧問委員會) means a committee appointed under the Electoral Affairs Commission (Nominations Advisory Committees (Election Committee)) Regulation (Cap. 541 sub. leg. H);notice appointing the subsector ordinary election day (指定界別分組一般選舉日公告) means a notice by which a date is specified by the Chief Executive under section 16 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to hold a subsector ordinary election;NPC deputy (全國人大代表) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 184) 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); (b) in relation to a nomination or supplementary nomination under section 7 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), between 9 a.m. and 12 noon on a Saturday (other than a general holiday) during the period between— (14 of 2021 s. 184)(i) the date of publication of a notice under section 3(1) or (2) in respect of the nomination or supplementary nomination; and(ii) the date of the declaration made under section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); and (c) in relation to a subsector election, 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 (2) in respect of the subsector election; and(ii) the date of publication of the result of the subsector election under section 35 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or the date of the declaration made under section 25 of that Schedule, as may be appropriate; (15 of 2016 s. 67) political body (政治性團體) has the meaning assigned to it by section 2(1) of the Societies Ordinance (Cap. 151);polling agent (監察投票代理人) means a person appointed as a polling agent under section 42;polling day (投票日) means the date on which the poll is to be held in a subsector election;polling hours (投票時間) means the hours for polling appointed under section 27;polling officer (投票站人員) means, in relation to a polling station, a person appointed under section 34(2) as a polling officer for that polling station;polling station (投票站) means a place designated as a polling station under section 28(1) and includes a dedicated polling station; (L.N. 132 of 2009)Presiding Officer (投票站主任) means, in relation to a polling station, the person appointed under section 34(1) to preside at that polling station;Returning Officer (選舉主任) means a person holding office as a Returning Officer under section 47 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant;special polling station (特別投票站) means a polling station designated as a special polling station under section 29; specified address (指明地點) means, in relation to— (a) nominations or supplementary nominations under section 7 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the address specified under section 3(3)(c) as the address at which designated nomination forms are to be submitted; and (14 of 2021 s. 184) (b) nominations for a subsector election, the address specified under section 4(3)(c) as the address at which the subsector nomination forms are to be submitted; specified form (指明表格、指明格式) means, in relation to a particular purpose of this Regulation, the form specified under section 97 for that purpose;spoilt ballot paper (損壞的選票) means a spoilt ballot paper within the meaning of section 60;subsector (界別分組) has the meaning given by section 1(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 184)subsector by-election (界別分組補選) means an election to elect an EC member assigned to a subsector who, under section 2(7)(c) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), is to be elected by the subsector, otherwise than at a subsector ordinary election; (14 of 2021 s. 184)subsector election (界別分組選舉) means a subsector ordinary election or a subsector by-election;subsector election notice (界別分組選舉公告) means a notice published under section 4(1) or (2);subsector final register (界別分組正式投票人登記冊) means a final register of voters for subsectors compiled under the Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541 sub. leg. B) and which is in effect;subsector nomination form (界別分組提名表格) means the specified form submitted under section 8 to nominate a person as a candidate for a subsector election;subsector ordinary election (界別分組一般選舉) means an election to elect those EC members assigned to a subsector who, under section 2(7)(c) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), are to be elected by the subsector, for a new term of office of the Election Committee; (14 of 2021 s. 184)tendered ballot paper (重複的選票) means a tendered ballot paper within the meaning of section 58;unused ballot paper (未用的選票) means an unused ballot paper within the meaning of section 59(2); validly nominated candidate (獲有效提名的候選人) means— (a) subject to paragraph (b), a person whom the Candidate Eligibility Review Committee has decided under section 13 to be validly nominated; (14 of 2021 s. 184) (b) in case a declaration under section 23(2)(b) or (5)(b) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is made, a person who is stated to be validly nominated in the declaration; verification of number of ballot papers (選票數目核實書) means a statement prepared under section 73(2)(a)(iv) or (3)(c) or 74(4)(c); (14 of 2021 s. 184)voter (投票人) has the meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569).(14 of 2021 s. 184)(2) In this Regulation—(a) in Part 2 (except section 25), candidate (候選人) includes a person who is being or has been nominated to stand for election at a subsector election; and(b) in section 25 and Part 7, candidate (候選人)— (11 of 2012 s. 12) (i) means a person who stands nominated as a candidate at a subsector election; and (ii) also means a person who, at any time before close of nominations for a subsector election, has publicly declared an intention to stand as a candidate at the subsector election. (3) In this Regulation—(a) references to a “Returning Officer” are to be construed, in relation to a particular subsector, as the Returning Officer appointed for that subsector; and (14 of 2021 s. 184)(b) (Repealed 14 of 2021 s. 184)(c) references to the “counting of votes” are to be construed as including, where appropriate, sorting, separation and counting of ballot papers. (E.R. 1 of 2020)(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 votes is to be construed as entitling or permitting the candidate or the agent to do it in a polling station, counting station, counting zone or in relation to the counting of the votes for the subsector for which the candidate is standing for election or for which the agent is appointed, as the case may require. 1A. 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) in relation to a nomination or supplementary nomination under section 7 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), a Saturday (other than a general holiday) during the period between— (14 of 2021 s. 185)(i) the date of publication of a notice under section 3(1) or (2) in respect of the nomination or supplementary nomination; and(ii) the date of the declaration made under section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569); (c) in relation to a subsector election, a Saturday (other than a general holiday) during the period between—(i) the date of publication of a notice under section 4(1) or (2) in respect of the subsector election; and(ii) the date of publication of the result of the subsector election under section 35 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or the date of the declaration made under section 25 of that Schedule, as may be appropriate. (2) If—(a) a date is prescribed in this Regulation (whether by reference to a specific day of a specific month or to a day otherwise ascertainable under this Regulation) or is fixed under this Regulation;(b) an act is required or permitted by a provision of this Regulation to be done not later than, or on or before, the date or on the date; and(c) the date falls on an inclement weather warning day,the next working day which is not an inclement weather warning day, following the date is taken to be prescribed or fixed in relation to the act instead for the provision.(3) If—(a) a period is prescribed in or fixed under this Regulation;(b) an act is required or permitted by a provision of this Regulation to be done in, during or within the period; and(c) the last day of the period falls on an inclement weather warning day,the period is extended, in relation to the act, to end on the next working day which is not an inclement weather warning day, following the day mentioned in paragraph (c), and the provision has effect accordingly.(4) Subsections (2) and (3) are subject to Schedule 1.(15 of 2016 s. 17) 2. Application Except where otherwise stated, this Regulation, with any necessary modifications—(a) applies to a supplementary nomination under section 7(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) as it applies to a nomination under section 7(1) of that Schedule; and (14 of 2021 s. 186)(b) applies to a subsector by-election as it applies to a subsector ordinary election. Part 1A Registration as Ex-Officio Members (Part 1A added 14 of 2021 s. 187) 2A. Interpretation (Part 1A) In this Part—Association (協進會) means the Friends of Hong Kong Association Limited;designated person (指定人士) has the meaning given by section 1(1) of the Schedule to Cap. 569;Electoral Registration Officer (選舉登記主任) has the meaning given by section 1(1) of the Schedule to Cap. 569;relevant body (相關團體) has the meaning given by section 5J(6) of the Schedule to Cap. 569;Schedule to Cap. 569 (《第569章》附表) means the Schedule to the Chief Executive Election Ordinance (Cap. 569);specified office (指明職位) has the meaning given by section 1(1) of the Schedule to Cap. 569; specified period (指明期間), in relation to a new term of office of the Election Committee, means the period— (a) beginning on the date immediately following the date mentioned in section 2B(11)(a) or (b) or 2C(10)(a) or (b) (as the case may be); and (b) ending on 7 days after—(i) the date on which the subsector ordinary election is to be held for that term of office; or(ii) if different subsector ordinary elections are to be held on different dates for that term of office—the last of those dates; specified person (指明人士) has the meaning given by section 1(1) of the Schedule to Cap. 569. 2B. How NPC deputies and CPPCC members are to be registered as ex-officio members (1) An NPC deputy or a CPPCC member is to be registered as an ex-officio member under section 5I of the Schedule to Cap. 569 by a registration form that complies with this section and sections 5I and 5K of that Schedule.(2) The registration form must be in the specified form.(3) The registration form must be submitted by the Association to the Electoral Registration Officer on behalf of the NPC deputy or CPPCC member.(4) For the purpose of constituting a new term of office of the Election Committee, the Association must submit 1 registration form to the Electoral Registration Officer on behalf of all NPC deputies and CPPCC members who intend to be registered as ex-officio members.(5) The registration form must contain a declaration by each NPC deputy or CPPCC member to the effect that the deputy or member—(a) is eligible to be registered as an ex-officio member; and(b) is not disqualified from being so registered.(6) The registration form must also contain a declaration by each NPC deputy or CPPCC member as required by section 5K of the Schedule to Cap. 569.(7) The Association must indicate on the registration form the subsector in which each NPC deputy or CPPCC member intends to be registered in accordance with section 5I of the Schedule to Cap. 569.(8) The registration form must be—(a) signed by each NPC deputy or CPPCC member whose name is on the registration form; and(b) signed on behalf of the Association by a person authorized by the Association for that purpose.(9) The registration form must contain other particulars, if any, required to be furnished on that form.(10) The Electoral Registration Officer may require the Association, or an NPC deputy or a CPPCC member to be registered under this section, to furnish any other information to enable the Candidate Eligibility Review Committee to determine—(a) that the deputy or member is eligible to be registered as an ex-officio member; or(b) otherwise as to the validity of the registration.(11) The registration form must be submitted to the Electoral Registration Officer at the address specified by the Officer—(a) for the purpose of constituting a new term of office of the Election Committee in 2021—by 5 July 2021;(b) for the purpose of constituting a new term of office of the Election Committee in any year subsequent to 2021 (relevant year)—by 2 June in the year immediately before the relevant year; or (8 of 2025 s. 25)(c) in any other case—as soon as possible after—(i) a person becomes an NPC deputy or a CPPCC member; or(ii) an NPC deputy or a CPPCC member becomes a holder of a specified office other than the office of NPC deputy or CPPCC member.(12) Despite subsections (4) and (11), if, during the specified period—(a) a person becomes an NPC deputy or a CPPCC member; or(b) an NPC deputy or a CPPCC member becomes a holder of a specified office other than the office of NPC deputy or CPPCC member,the Association may submit another registration form to the Electoral Registration Officer in relation to the deputy or member by the end of the specified period. 2C. How other persons are to be registered as ex-officio members (1) A person other than an NPC deputy or a CPPCC member is to be registered as an ex-officio member under section 5J of the Schedule to Cap. 569 by submitting a registration form that complies with this section and sections 5J and 5K of that Schedule.(2) The registration form must be in the specified form.(3) Subject to subsections (4) and (5), the registration form must—(a) contain a declaration by the specified person concerned to the effect that the person—(i) is holding the specified office concerned;(ii) is eligible to be registered as an ex-officio member; and(iii) is not disqualified from being so registered; and(b) if section 5J(2) of the Schedule to Cap. 569 applies to the specified person—contain an indication to the effect that the person chooses to be registered as an ex-officio member as the holder of one of the specified offices.(4) If a specified person is exercising the power under section 5J(3) of the Schedule to Cap. 569, the registration form must—(a) contain a declaration by the designated person of the specified person to the effect that the designated person—(i) is holding an office in a relevant body in relation to the specified office concerned;(ii) is eligible to be registered as an ex-officio member; and(iii) is not disqualified from being so registered; and(b) be accompanied by a declaration by the specified person that he or she is not eligible to be registered as an ex-officio member, or is a holder of more than one specified office (excluding the office of NPC deputy or CPPCC member) (as the case may be).(5) If section 5J(4) of the Schedule to Cap. 569 applies, the registration form must—(a) contain a declaration by the Council Chairman or the Chairman of the Board of Governors concerned (as the case may be) to the effect that he or she—(i) is holding that office;(ii) is eligible to be registered as an ex-officio member; and(iii) is not disqualified from being so registered; and(b) be accompanied by a declaration by the holder of the specified office concerned as set out in section 5B(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) of that Schedule that the holder is not eligible to be registered as an ex-officio member.(6) The registration form must also contain a declaration by the specified person or designated person (as the case may be) as required by section 5K of the Schedule to Cap. 569.(7) The registration form must be signed by—(a) the specified person; and(b) if the specified person is exercising the power under section 5J(3) of the Schedule to Cap. 569—the designated person.(8) The registration form must contain other particulars, if any, required to be furnished on that form.(9) The Electoral Registration Officer may require a specified person or designated person to be registered under this section to furnish any other information to enable the Candidate Eligibility Review Committee to determine—(a) that the person is eligible to be registered as an ex-officio member; or(b) otherwise as to the validity of the registration.(10) The registration form must be submitted to the Electoral Registration Officer at the address specified by the Officer—(a) for the purpose of constituting a new term of office of the Election Committee in 2021—by 5 July 2021;(b) for the purpose of constituting a new term of office of the Election Committee in any year subsequent to 2021 (relevant year)—by 2 June in the year immediately before the relevant year; or (8 of 2025 s. 26)(c) in any other case—as soon as possible after a person becomes a holder of a specified office.(11) Despite subsection (10), if, during the specified period—(a) a person becomes a specified person (other than an NPC deputy or a CPPCC member)—the specified person or the designated person of the specified person may submit a registration form to the Electoral Registration Officer by the end of the specified period;(b) the registration of a designated person of a specified person is determined as invalid by the Candidate Eligibility Review Committee under section 5N of the Schedule to Cap. 569—the specified person may designate another person under section 5J(3) of that Schedule by submitting another registration form to the Electoral Registration Officer by the end of the specified period; or(c) the registration of a specified person is determined as invalid by the Candidate Eligibility Review Committee under section 5N of the Schedule to Cap. 569 by reason of the specified person being ineligible under section 5L of that Schedule—the specified person may designate another person under section 5J(3) of that Schedule by submitting another registration form to the Electoral Registration Officer by the end of the specified period (if applicable). 2D. Candidate Eligibility Review Committee to determine whether person is validly registered (1) The Electoral Registration Officer must, as soon as practicable after receiving a registration form, forward the form to the Candidate Eligibility Review Committee.(2) The Candidate Eligibility Review Committee must, as soon as practicable after receiving a registration form forwarded by the Electoral Registration Officer, determine the validity of the registration of the persons concerned.(3) Without prejudice to sections 5K, 5L and 5M of the Schedule to Cap. 569, the Candidate Eligibility Review Committee may determine a registration form or a registration of a person on the form to be invalid if and only if—(a) the registration form or the registration of a person on the form has not been completed or signed as required under this Regulation;(b) the Candidate Eligibility Review Committee is satisfied that the person is not eligible to be, or is disqualified from being, registered as an ex-officio member under that Schedule; or(c) the Candidate Eligibility Review Committee is satisfied that the person is dead.(4) In determining whether a registration form or a registration of a person is valid, the Candidate Eligibility Review Committee—(a) may require the Electoral Registration Officer to furnish any information in the possession of the Electoral Registration Officer that relates to any of the matters specified in subsection (5);(b) may require the Electoral Registration Officer to obtain any other information that relates to any of the matters specified in subsection (5) from any person; and(c) may require a relevant body or the person to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the registration form or the registration.(5) The matters specified for subsection (4)(a) and (b) are—(a) whether sections 5I, 5J, 5L and 5M of the Schedule to Cap. 569 and section 2B or 2C (as may be applicable) are complied with in relation to the person;(b) whether the registration form or the registration of the person on the form is valid;(c) whether the registration form has been completed or signed as required under this Regulation;(d) whether the person is eligible to be registered as an ex-officio member under that Schedule;(e) whether the person is disqualified from being so registered under that Schedule; and(f) whether the person is dead.(6) If the Candidate Eligibility Review Committee determines that a registration form or a registration of a person is invalid, the Committee must endorse on the relevant registration form the determination and the reasons for it.(7) After the Candidate Eligibility Review Committee has made a determination on the validity of a registration form or a registration of a person—(a) the Electoral Registration Officer must, as soon as practicable, inform the Association or the person (as the case may be) of the determination in writing; and(b) if the registration of the person is determined as valid—(i) the Committee must, as soon as practicable, publish in the Gazette a notice declaring the registration as valid; and(ii) the Electoral Registration Officer must, as soon as practicable, register the person as an ex-officio member under section 40(1A) or 41 of the Schedule to Cap. 569.(8) In this section, a reference to section 5L or 5M of the Schedule to Cap. 569 being complied with in relation to a person is to be construed as follows—(a) for section 5L of that Schedule—that the person is eligible to be registered as an ex-officio member under that section; and(b) for section 5M of that Schedule—that the person is not disqualified from being so registered under that section. Part 2 Nominations and Supplementary Nominations and Other Stages of Subsector Election Before Poll (14 of 2021 s. 188)(Format changes—E.R. 1 of 2020) Division 1 Nominations 3. Chief Electoral Officer to publish notice calling for nominations or supplementary nominations under section 7 of Schedule to Chief Executive Election Ordinance (14 of 2021 s. 189)(1) As soon as practicable after the publication of a notice appointing the subsector ordinary election day, the Chief Electoral Officer must publish in the Gazette a notice which complies with subsection (3). (14 of 2021 s. 189)(2) Where the Commission is required under section 5(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to arrange for a supplementary nomination to fill a vacancy among the members representing a subsector on the Election Committee, as soon as practicable after the ascertainment under paragraph (a) of that section 5(1) is made, the Chief Electoral Officer must publish in the Gazette, for that subsector, a notice which complies with subsection (3). (14 of 2021 s. 189)(3) The notice must state—(a) in the case of a notice referred to—(i) in subsection (1), the name of each designated body and the assigned number (as defined by section 7(9) of the Schedule to the Chief Executive Election Ordinance (Cap. 569)) in relation to each designated body; (14 of 2021 s. 189)(ii) in subsection (2), the number of vacancies to be filled and the name of the designated body that may nominate under section 7(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) a number of persons selected by it to fill each of the vacancies;(b) that forms nominating EC members for the purposes of section 7(1) or (2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) are to be submitted to the Returning Officer;(c) the period within which and the address at which the forms referred to in paragraph (b) are to be submitted; and(d) that the forms referred to in paragraph (b) must be submitted during ordinary business hours.(4) The period for the purposes of subsection (3)(c) is to be determined by the Chief Electoral Officer. 4. Chief Electoral Officer to publish notice specifying period and address for submitting subsector nomination forms (1) As soon as practicable after the publication of a notice appointing the subsector ordinary election day, the Chief Electoral Officer must publish in the Gazette, for the subsectors concerned, a notice which complies with subsection (3).(2) Where the Commission is required under section 5(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to arrange for a subsector by-election, as soon as practicable after the ascertainment under paragraph (a) of that section 5(1) is made, the Chief Electoral Officer must publish in the Gazette a notice which complies with subsection (3).(3) The notice must state—(a) in the case of a notice referred to—(i) in subsection (1)—(A) the names of all the subsectors (as defined by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569));(B) the number of NPC deputies and CPPCC members whose registration is declared as valid under section 2D(7)(b)(i) for each subsector for the term of office of the Election Committee concerned; and(C) the number of EC members to be elected by each of the subsectors for the term of office of the Election Committee concerned; (14 of 2021 s. 190)(ii) in subsection (2), the name of the subsector or each subsector for which a subsector by-election is to be held and the number of EC members to be returned for the subsector or each subsector at the subsector by-election;(b) the period within which the subsector nomination forms are to be submitted to the Returning Officer;(c) the address at which the subsector nomination forms are to be submitted;(d) that the subsector nomination forms must be submitted during ordinary business hours;(e) the date on which the subsector election is to be held; and(f) in the case of a notice referred to—(i) in subsection (1), that a poll will be held on the date referred to in paragraph (e) for a subsector, if the number of validly nominated candidates for the subsector exceeds the number of EC members to be elected by the subsector; (14 of 2021 s. 190)(ii) in subsection (2), that a poll will be held on the date referred to in paragraph (e) for a subsector, if the number of validly nominated candidates for the subsector exceeds the number of EC members to be returned at the subsector by-election. 5. Chief Electoral Officer to determine nomination period (1) Subject to subsections (2) and (3), the nomination period is to be determined by the Chief Electoral Officer.(2) The nomination period must not begin earlier than the date on which the subsector election notice is published in the Gazette. The nomination period must not be less than 7 days.(3) The nomination period must end not less than 12 days before the date on which the relevant subsector election is to be held.(4) Despite subsection (3), the nomination period may end during the period of 12 days before the date on which the relevant subsector election is to be held if the nomination period is extended under section 1A(3). (15 of 2016 s. 18) 6. Notices under sections 3 and 4 to be in specified form A notice published under section 3 calling for nominations or supplementary nominations and a subsector election notice must be in the specified form.(14 of 2021 s. 191) 7. How to nominate EC members under section 7 of Schedule to Chief Executive Election Ordinance (14 of 2021 s. 192)(1) A person is to be nominated as an EC member under section 7 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) by the submission by a designated body of a nomination form in the specified form that complies with this section and sections 7 and 7A of that Schedule. (14 of 2021 s. 192)(2) The designated nomination form must contain a declaration by each nominee to the effect that he or she— (14 of 2021 s. 192)(a) is eligible to be nominated as an EC member;(b) is not disqualified from being so nominated;(c) consents to being so nominated; and(d) consents to the order of priority in which nominees are ranked in the designated nomination form for the purposes of section 7(4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569).(2A) The designated nomination form must also contain a declaration by each nominee as required by section 7A of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 192)(3) A designated body must nominate all its nominees on one designated nomination form.(4) The designated nomination form must be signed by each nominee. It must also be signed on behalf of the designated body by a person authorized by the designated body for that purpose.(5) The designated nomination form must contain other particulars, if any, required to be furnished on that form.(6) The Returning Officer may require a designated body or a person who is being nominated under this section to furnish any other information that the Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—(a) that the person is eligible to be nominated as an EC member; or(b) otherwise as to the validity of the nomination. (14 of 2021 s. 192)(7) The designated nomination form must be submitted to the Returning Officer within the period referred to in section 3(3)(c) at the specified address.(14 of 2021 s. 192) 8. How to nominate candidates for subsector election (14 of 2021 s. 193)(1) A person is to be nominated as a candidate for a subsector election by submitting to the Returning Officer a subsector nomination form which complies with this section.(2) The subsector nomination form must be submitted in accordance with this section.(3) The subsector nomination form must be in the specified form and subscribed in accordance with the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C).(4) The subsector nomination form must contain a declaration by the person being nominated as the candidate to the effect that he or she—(a) is eligible to be nominated as a candidate for the subsector concerned;(b) is not disqualified from being so nominated; and(c) consents to being so nominated.(4A) The subsector nomination form must also contain a declaration by the person being nominated as the candidate as required by section 17A of the Schedule to the Chief Executive Election Ordinance (Cap. 569). (14 of 2021 s. 193)(5) The subsector nomination form—(a) must contain the name of the person being nominated as the candidate as shown on the person’s identity document (being the identity document on the basis of which the particulars of the person are recorded in the geographical constituencies final register) and, if the Returning Officer is satisfied that the person is usually known by a name different from that shown on the person’s identity document aforesaid, may also include that different name; and(b) must also contain the identity document number and address of the person being nominated as the candidate.(6) The subsector nomination form must be signed by the person being nominated as the candidate in each place the person’s signature is required on that form.(7) The subsector nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber.(8) In the case of a voter other than a natural person, the subscription of the subsector nomination form by that voter may only be effected by that voter’s authorized representative. (14 of 2021 s. 193)(9) The subsector nomination form must contain other particulars, if any, required to be furnished on that form.(10) The Returning Officer may require a person who is being nominated as a candidate to furnish any other information that the Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—(a) that the person is eligible to be nominated as a candidate for the subsector concerned; or(b) otherwise as to the validity of the nomination. (14 of 2021 s. 193)(11) Only one person can be nominated on one subsector nomination form.(12) The subsector nomination form must be submitted to the Returning Officer within the nomination period at the specified address.(13) The subsector nomination form must be submitted by the candidate in person or in any other manner authorized by the Chief Electoral Officer. 9. Returning Officer may assist in preparation of nomination forms (1) The Returning Officer may assist a designated body in preparing a designated nomination form. (14 of 2021 s. 194)(2) The Returning Officer may, at the request of a person who proposes to be nominated as a candidate, give assistance in preparing a subsector nomination form. 10. Returning Officer to make available copies of nomination forms for public inspection The Returning Officer must make available for inspection by the public, at the specified address, during ordinary business hours, a copy of each of the designated nomination forms and subsector nomination forms received by that Officer. Copies of the designated nomination forms must be made so available until the Candidate Eligibility Review Committee makes a declaration of nominees who are validly nominated as EC members under section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). Copies of the subsector nomination forms must be made so available until the Returning Officer or the Candidate Eligibility Review Committee makes a declaration for the relevant subsector under section 25, or the Returning Officer publishes a notice of the result of the relevant subsector election under section 35, of that Schedule.(14 of 2021 s. 195) 11. Returning Officer not to accept subsector nomination form without deposit and to issue receipt for deposit (1) The Returning Officer may accept a subsector nomination form submitted for the purposes of section 8 only if it is accompanied by the appropriate deposit.(2) When the Returning Officer receives the appropriate deposit, that Officer must issue a receipt for the amount of the deposit.(3) In this section and section 13, appropriate deposit (適當的按金) means the amount of deposit to be lodged under the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C) for a subsector election. 12. Candidate Eligibility Review Committee to determine whether nominee is validly nominated (1) The Returning Officer must, as soon as practicable after receiving a designated nomination form—(a) forward the form to the Candidate Eligibility Review Committee; and(b) if section 7(6) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) (Schedule to Cap. 569) applies—determine the order of priority under that section.(2) The Candidate Eligibility Review Committee must, as soon as practicable after receiving a designated nomination form or the order of priority (if applicable) forwarded by the Returning Officer, determine the validity of nomination of those nominees the number of whom are necessary for the purpose of making up the assigned number, or filling the vacancy, mentioned in section 7 of the Schedule to Cap. 569 for the designated body concerned.(3) To avoid doubt, the Candidate Eligibility Review Committee is not required to determine the validity of nomination of the nominees who are not necessary for the purpose mentioned in subsection (2).(4) The Candidate Eligibility Review Committee must decide whether it is necessary to determine the validity of nomination of a nominee for the purpose mentioned in subsection (2) according to—(a) if section 7(4) of the Schedule to Cap. 569 applies—the preference and ranking mentioned in that section; or(b) if section 7(6) of the Schedule to Cap. 569 applies—the order of priority determined under that section.(5) Without prejudice to section 7 and sections 7A, 8, 9 and 9A of the Schedule to Cap. 569, the Candidate Eligibility Review Committee may determine a designated nomination form or a nomination of a nominee on the form to be invalid if and only if—(a) the designated nomination form or the nomination of a nominee on the form has not been completed or signed as required under this Regulation;(b) the Candidate Eligibility Review Committee is satisfied that the nominee is not eligible to be, or is disqualified from being, nominated as an EC member under that Schedule; or(c) the Candidate Eligibility Review Committee is satisfied that the nominee is dead.(6) In determining whether a designated nomination form or a nomination of a nominee is valid, the Candidate Eligibility Review Committee—(a) may require the Returning Officer to advise the Committee, and have regard to such advice of the Returning Officer, as to any of the matters specified in subsection (7); and(b) may require a designated body or the nominee to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the designated nomination form or the nomination.(7) The matters specified for subsection (6)(a) are—(a) whether, in the opinion of the Returning Officer, sections 8, 9 and 9A of the Schedule to Cap. 569 and section 7 are complied with in relation to the nominee;(b) whether, in the opinion of the Returning Officer, the designated nomination form or the nomination of the nominee on the form is valid;(c) whether the designated nomination form has been completed or signed as required under this Regulation;(d) in the opinion of the Returning Officer—(i) whether the nominee is eligible to be nominated as an EC member of the subsector concerned under the Schedule to Cap. 569; and(ii) whether the nominee is disqualified from being so nominated under that Schedule; and(e) whether, according to the information available to the Returning Officer, the nominee is dead.(8) In this section, a reference to section 8, 9 or 9A of the Schedule to Cap. 569 being complied with in relation to a nominee for a subsector is to be construed as follows—(a) for section 8 of that Schedule—that the nominee is eligible to be selected for that subsector under that section; and(b) for section 9 or 9A of that Schedule—that the nominee is not disqualified from being a nominee for that subsector under that section.(14 of 2021 s. 196) 13. Candidate Eligibility Review Committee to decide whether candidates are validly nominated (14 of 2021 s. 197)(1) The Returning Officer must, as soon as practicable after receiving a subsector nomination form, forward the form to the Candidate Eligibility Review Committee. (14 of 2021 s. 197)(1A) The Candidate Eligibility Review Committee must, as soon as practicable after receiving a subsector nomination form forwarded by the Returning Officer, decide whether a candidate is validly nominated. (14 of 2021 s. 197)(2) If sections 17, 17A, 18 and 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569) and section 8 are complied with, the candidate stands validly nominated unless— (L.N. 114 of 2006; L.N. 75 of 2011; 14 of 2021 s. 197)(a) the Candidate Eligibility Review Committee decides that the subsector nomination form is invalid; or (14 of 2021 s. 197)(b) the candidate withdraws his or her candidature.(3) Without prejudice to sections 17, 17A, 18 and 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the Candidate Eligibility Review Committee may decide a nomination to be invalid if and only if— (L.N. 114 of 2006; L.N. 75 of 2011; 14 of 2021 s. 197)(a) the subsector nomination form has not been signed by the prescribed number of subscribers qualified to subscribe to a subsector nomination form under the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C);(b) the subsector nomination form has not been completed or signed as required under this Regulation;(c) the Candidate Eligibility Review Committee is satisfied that the candidate is not eligible to be or is disqualified from being nominated as a candidate under the Schedule to the Chief Executive Election Ordinance (Cap. 569); (14 of 2021 s. 197)(d) the candidate has not lodged the appropriate deposit;

or(e) the Returning Officer is satisfied that the candidate is dead.(3A) In deciding whether a candidate is validly nominated for a subsector, the Candidate Eligibility Review Committee—(a) may require the Returning Officer to advise the Committee, and have regard to such advice of the Returning Officer, as to any of the matters specified in subsection (3B); and(b) may require the candidate to furnish any other information that the Committee considers appropriate for enabling the Committee to be satisfied as to the validity of the nomination. (14 of 2021 s. 197)(3B) The matters specified for subsection (3A)(a) are—(a) whether, in the opinion of the Returning Officer, sections 17, 18 and 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569) and section 8 are complied with in relation to the candidate;(b) whether, in the opinion of the Returning Officer, the subsector nomination form is valid;(c) whether the candidate has withdrawn the candidature for the subsector concerned;(d) whether the subsector nomination form has been signed by the prescribed number of subscribers qualified to subscribe to the subsector nomination form as required under the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C);(e) whether the subsector nomination form has been completed or signed as required under this Regulation;(f) in the opinion of the Returning Officer—(i) whether the candidate is eligible to be nominated as a candidate of the subsector concerned under the Schedule to the Chief Executive Election Ordinance (Cap. 569); and(ii) whether the candidate is disqualified from being so nominated under that Schedule;(g) whether the candidate has lodged the appropriate deposit; and(h) whether, according to the information available to the Returning Officer, the candidate is dead. (14 of 2021 s. 197)(4) In this section, prescribed number (訂明數目) means the number of subscribers required to subscribe to a nomination form for a subsector election under the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C).(5) In this section, a reference to section 17, 18 or 18A of the Schedule to the Chief Executive Election Ordinance (Cap. 569) being complied with in relation to a candidate for a subsector is to be construed as follows—(a) for section 17 of that Schedule—that the candidate is eligible to be nominated as a candidate at an election for that subsector under that section; and(b) for section 18 or 18A of that Schedule—that the candidate is not disqualified from being nominated as a candidate at an election for that subsector under that section. (14 of 2021 s. 197) 14. Returning Officer to have regard to advice of Nominations Advisory Committee In forming an opinion for the purposes of section 12(6)(a) and (7)(d) or 13(3A)(a) and (3B)(f) as to whether a person is eligible to be, or is disqualified from being, nominated as an EC member or as a candidate, the Returning Officer must have regard to— (14 of 2021 s. 198)(a) advice given by a Nominations Advisory Committee on an application, if any, made by the Returning Officer regarding the person under the Electoral Affairs Commission (Nominations Advisory Committees (Election Committee)) Regulation (Cap. 541 sub. leg. H); or(b) advice given by a Nominations Advisory Committee on an application, if any, made by the person or the designated body concerned to the Nominations Advisory Committee under that Regulation or, if advice has not been given, the result of the application. 15. Returning Officer may give opportunity to rectify nomination form (1) If the Returning Officer detects on a designated nomination form or a subsector nomination form— (14 of 2021 s. 199)(a) an error or what appears to that Officer to be an error, or an omission, which may amount to a ground for deciding that the nomination form is invalid; or(b) anything which may affect the validity of the nomination form,and that Officer considers that it can be rectified within the period referred to in section 3(3)(c) or the nomination period, that Officer may, before forming an opinion for the purposes of section 12(6)(a) and (7)(b) or 13(3A)(a) and (3B)(b), as to whether the designated nomination form or subsector nomination form is valid, as may be appropriate, give the nominee, the designated body or the candidate a reasonable opportunity to rectify it.(2) A designated nomination form or a subsector nomination form cannot be rectified under this section after the expiry of the period referred to in section 3(3)(c) or of the nomination period.(14 of 2021 s. 199) 16. Candidate Eligibility Review Committee to endorse invalid nomination form and Returning Officer to notify candidates of decision as to validity of nomination (14 of 2021 s. 200)(1) If the Candidate Eligibility Review Committee decides that a designated nomination form or a subsector nomination form is invalid, or that the nomination of a nominee or of a candidate is invalid, the Committee must endorse on the relevant nomination form the decision and the reasons for it. (14 of 2021 s. 200)(2) The Candidate Eligibility Review Committee must sign an endorsement under subsection (1). (14 of 2021 s. 200)(2A) The Candidate Eligibility Review Committee must, after deciding whether a person is validly nominated—(a) inform the Returning Officer of the decision; and(b) return the designated nomination form or subsector nomination form to the Returning Officer for retention. (14 of 2021 s. 200)(3) A determination under section 12(2) or a decision under section 12(4) made in relation to a nominee must be sent to the nominee concerned, the designated body that nominated that nominee and the other nominees who are nominated by that designated body. (14 of 2021 s. 200)(4) The Returning Officer must send a notice of the decision of the Candidate Eligibility Review Committee that a person is validly nominated or is not validly nominated as a candidate— (14 of 2021 s. 200)(a) to the person concerned at that person’s address given on the subsector nomination form; and(b) to each validly nominated candidate for the subsector concerned at the candidate’s address given on the subsector nomination form. 17. How nominated candidate is to withdraw candidature (1) A withdrawal of candidature for the purposes of section 21 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be effected by giving a notice of withdrawal to the Returning Officer in accordance with subsection (2).(2) The following applies to a notice of withdrawal—(a) the notice must be in the specified form;(b) the signature of the candidate on the notice must be attested by a witness;(c) the notice must be delivered to the Returning Officer by the candidate in person or the candidate’s election agent in person; and(d) the notice must be so delivered at the specified address. 18. Candidate Eligibility Review Committee to publish notice of particulars of validly nominated candidates (14 of 2021 s. 201)(1) Within 14 days after the expiry of the nomination period, the Candidate Eligibility Review Committee must publish in the Gazette a notice which complies with this section. (14 of 2021 s. 201)(2) A notice referred to in subsection (1) must be published for all subsectors referred to in the subsector election notice.(3) For the purposes of subsection (2), separate notices may be published for each of the subsectors or one notice may be published for all the subsectors. (14 of 2021 s. 201)(4) A notice published for a subsector must state the name and address of each validly nominated candidate for the subsector. It must also state the number allocated to each candidate under section 49(4).(5) A notice under this section must be in the specified form. 19. Candidate Eligibility Review Committee and Returning Officer to publish notice for purposes of sections 7(8) and 25(1) of Schedule to Chief Executive Election Ordinance (14 of 2021 s. 202)(1) The Candidate Eligibility Review Committee must, within 14 days after the expiry of the period referred to in section 3(3)(c), publish a notice in the Gazette declaring, for the purposes of section 7(8) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the nominee or nominees who is or are validly nominated as an EC member or EC members.(2) If, for a subsector—(a) no more candidates have been validly nominated for the subsector ordinary election than the number of EC members to be elected by the subsector; or(b) no more candidates have been validly nominated for the subsector by-election than the number of EC members to be returned at the subsector by-election,the Returning Officer must, for the purposes of section 25(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), declare in a notice the candidate or candidates as being duly elected as an EC member or as EC members for that subsector.(3) A notice under subsection (2) must— (14 of 2021 s. 202)(a) be published in the Gazette within 14 days after the expiry of the nomination period;(b) state the name and address of each candidate declared to be duly elected as an EC member; and(c) be in the specified form.(14 of 2021 s. 202) 20. Returning Officer to notify and declare if validly nominated candidate has died (L.N. 75 of 2011)(1) A notice under section 23(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be given by the Returning Officer concerned as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer. The notice must be given in writing to—(a) the Chief Electoral Officer; and(b) if practicable, each candidate who remains validly nominated for the subsector election concerned, to replace the notice under section 16(4).(2) The Returning Officer under subsection (1) must—(a) endorse on the subsector nomination form of the deceased candidate that the candidate has died; and(b) sign the endorsement. (14 of 2021 s. 203)(3) Declarations under section 23(2) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) are to be made by the Returning Officer concerned as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer. The declarations must be made—(a) 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 (3)(a) or (b) must state— (14 of 2021 s. 203)(a) the name and address of the deceased candidate;(b) the name of the subsector for which the deceased candidate was nominated; and(c) the name and address of each candidate who remains validly nominated for the subsector election concerned.(5) A public announcement under subsection (3)(c) must state—(a) the name of the deceased candidate;(b) the name of the subsector for which the deceased candidate was nominated; and(c) the name of each candidate who remains validly nominated for the subsector election concerned. 21. Returning Officer to notify, and Candidate Eligibility Review Committee to declare, if validly nominated candidate is disqualified (L.N. 75 of 2011; 14 of 2021 s. 204)(1) A notice under section 23(4) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be given by the Returning Officer concerned as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of the Candidate Eligibility Review Committee. The notice must be given in writing to— (14 of 2021 s. 204)(a) the Chief Electoral Officer; and(b) if practicable, each candidate who remains validly nominated for the subsector election concerned, to replace the notice under section 16(4).(2) The Candidate Eligibility Review Committee must—(a) endorse on the subsector nomination form of the disqualified candidate that the Committee’s decision made under section 22(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) in relation to that candidate is varied and the reason for the variation of decision; and (b) sign the endorsement. (14 of 2021 s. 204)(3) Declarations under section 23(5) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) are to be made by the Candidate Eligibility Review Committee as soon as practicable after the disqualification to which the variation of decision relates is proved to the satisfaction of the Committee. The declarations must be made— (14 of 2021 s. 204)(a) by notice published in the Gazette;(b) by notice published in any daily newspaper in circulation in Hong Kong;(c) by a public announcement made by radio or television; or(d) by such other means as the Committee considers appropriate in the circumstances. (14 of 2021 s. 204)(4) A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 204)(a) the name and address of the disqualified candidate;(b) the name of the subsector for which the disqualified candidate was nominated;(c) that the decision of the Candidate Eligibility Review Committee made under section 22(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) has been varied to the effect that the candidate is not validly nominated; and (14 of 2021 s. 204)(d) the name and address of each candidate who remains validly nominated for the subsector election concerned.(5) A public announcement under subsection (3)(c) must state—(a) the name of the disqualified candidate;(b) the name of the subsector for which the disqualified candidate was nominated; and(c) the name of each candidate who remains validly nominated for the subsector election concerned. 22. No poll upon death or disqualification of candidate under certain circumstances (1) If, after the death referred to in section 20(1) or the disqualification referred to in section 21(1)—(a) the number of candidates remaining validly nominated for—(i) the subsector ordinary election concerned is equal to the number of EC members to be elected by the subsector; or(ii) the subsector by-election concerned is equal to the number of EC members to be returned at the subsector by-election;(b) no candidate remains validly nominated for the subsector election concerned; or(c) the number of candidates remaining validly nominated for—(i) the subsector ordinary election concerned is less than the number of EC members to be elected by the subsector; or(ii) the subsector by-election concerned is less than the number of EC members to be returned at the subsector by-election,the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that a poll is not to be held for that subsector.(2) The Returning Officer must in a notice under section 20(3)(a), if any, or in a separate notice— (14 of 2021 s. 205)(a) in the case of subsection (1)(a), declare, for the purposes of section 25(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the remaining candidate or candidates as being duly elected as an EC member or as EC members;(b) in the case of subsection (1)(b), declare, for the purposes of section 25(2A) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), no candidate was validly nominated for the subsector election;(c) in the case of subsection (1)(c), declare—(i) for the purposes of section 25(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the remaining candidate or candidates as being duly elected as an EC member or as EC members; and(ii) for the purposes of section 25(3) of that Schedule, the number of EC members returned at the subsector election is less than the number of EC members to be returned at that subsector election.(3) A separate notice containing a declaration under subsection (2) must—(a) be published in the Gazette as soon as practicable;(b) if applicable, state the name and address of each candidate declared to be duly elected as an EC member; and(c) be in the specified form.(14 of 2021 s. 205) Division 2 Election Agents and Election Expense Agents 23. Candidate may appoint election agent (1) Each candidate may appoint one person as his or her 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) A candidate who appoints an election agent must give notice of the appointment to the Returning Officer.(4) The appointment of an election agent is not effective until notice of the appointment is received by the Returning Officer.(5) A notice of appointment must be in writing and state the name, identity card number and address of the election agent.(6) A notice of appointment must be signed by the candidate.(7) A candidate cannot have more than one election agent at any one time.(8) If the appointment of an election agent is revoked, the candidate must give notice of the revocation to the Returning Officer.(9) A notice of revocation must be in writing and be signed by the candidate.(10) The revocation of the appointment of an election agent is not effective until notice of the revocation is received by the Returning Officer.(11) If at any time an election agent dies or the appointment of an election agent is revoked, the candidate may appoint a replacement.(12) The appointment of a replacement must be in accordance with the requirements of this section.(13) A notice of appointment or a notice of revocation under this section must be— (15 of 2016 s. 37)(a) in the specified form; and(b) delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of an appointment or a revocation of appointment made on polling day) by post. (15 of 2016 s. 37)(14) Subject to subsection (15), an election agent may do all things which a candidate may do under this Regulation in connection with a subsector election. Any such act of the election agent is effective as if it had been done by the candidate in person. (15 of 2016 s. 58)(15) An election agent may not—(a) do anything a candidate is required to do under section 8;(b) withdraw the candidate’s candidature; (L.N. 132 of 2009)(c) authorize any person for the purposes of section 25; (L.N. 132 of 2009)(d) subject to paragraph (e), be present in a dedicated polling station situated in a prison unless, on an application in the specified form delivered by hand, by post, by electronic mail or by facsimile transmission to the Chief Electoral Officer at least one week before polling day, the Commissioner of Correctional Services consents to his or her presence; or (L.N. 132 of 2009; 15 of 2016 s. 37)(e) be present in a dedicated polling station situated in a maximum security prison. (L.N. 132 of 2009)(16) The Commissioner of Correctional Services must not give consent to an election agent under subsection (15)(d) in respect of a polling station if a polling agent has been appointed under section 42 by the same candidate for that polling station. (L.N. 132 of 2009)(17) Despite subsection (15)(d), the Commissioner of Correctional Services may, on an application made under that subsection during the week before polling day, give consent under that subsection if the Commissioner is satisfied that— (15 of 2016 s. 37)(a) a voter in custody or an authorized representative in custody who is entitled to vote for the relevant subsector 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. 132 of 2009; 15 of 2016 s. 37)(18) If the Commissioner of Correctional Services refuses to give consent under subsection (15)(d), the Commissioner must notify the candidate or the election agent as soon as practicable. (L.N. 132 of 2009) 24. Returning Officer to send to other candidates notice of particulars of election agent (1) The Returning Officer must send to the candidates for a subsector, a notice containing the particulars of the election agents of the other candidates for that subsector.(2) If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the other candidates for the relevant subsector.(3) The Returning Officer must send a notice under subsection (1) within 5 days after the expiry of the relevant nomination period.(4) If the appointment of the election agent is made after the notice period referred to in subsection (3), or if a replacement is appointed under section 23(11), the Returning Officer must send a notice of the particulars as soon as practicable after that Officer receives notice of the appointment or replacement, as the case may be. (15 of 2016 s. 19)(5) The Returning Officer must also display in a prominent place outside that Officer’s office, a notice of the particulars of the election agents.(6) A notice under this section must be in the specified form.(7) A notice required to be sent to a candidate under subsection (1) may be sent to the election agent of the candidate instead of to the candidate. 25. Authorization of election expense agent to incur election expenses at or in connection with subsector election (1) Only a person who has attained the age of 18 years may be authorized as an election expense agent to incur election expenses at or in connection with a subsector election.(2) An authorization of such an election expense agent must be in writing and in the specified form and state the name, identity document number and address of the person authorized.(3) The authorization must specify the maximum amount of election expenses that the election expense agent is authorized to incur.(4) The authorization must be signed by the candidate making the authorization and the person authorized.(5) A copy of the authorization must be served—(a) on the Returning Officer; or(b) if the Returning Officer has not been appointed, on the Chief Electoral Officer.(6) A copy of the authorization may be served by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 38)(7) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard an authorization of an election expense agent to incur election expenses at or in connection with a subsector election as being effective, for any purpose related to the subsector election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer.(8) If the authorization of an election expense agent to incur election expenses at or in connection with a subsector election has been revoked, a written notice of the revocation must be served as soon as possible— (L.N. 75 of 2011)(a) on the Returning Officer; or(b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 75 of 2011)(9) The notice of revocation must be in the specified form and signed by the candidate who made the authorization.(9A) The notice of revocation may be served by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 38)(10) If the authorization of an election expense agent to incur election expenses at or in connection with a subsector election has been revoked, the Returning Officer or the Chief Electoral Officer, as the case may be, is to regard the revocation as being effective, for any purpose related to the subsector election for which the revocation is relevant, only when the notice of revocation has been served on the relevant Officer. (L.N. 75 of 2011) 26. Copies of authorization of election expense agents to be made available for public inspection The Returning Officer or the Chief Electoral Officer, as the case may be, must make available for public inspection a copy of each of the copies of authorizations served on that Officer under section 25. A copy must be made available for public inspection as soon as practicable after that Officer is served the copy of the authorization and until the end of the period for which the copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). Part 3 Contested Subsector Elections (Format changes—E.R. 1 of 2020) Division 1 Hours of Poll and Matters Relating to Polling Stations 27. Appointment and notification of polling hours (L.N. 132 of 2009)(1) Subject to subsections (2A) and (2B), the hours during which voters can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (L.N. 132 of 2009)(2) The Chief Electoral Officer may appoint different polling hours for different subsectors or for different polling stations.(2A) The Commissioner of Correctional Services may assign a time slot during the polling hours appointed for a dedicated polling station situated in a prison to a voter in custody to whom the polling station is allocated under section 30. (L.N. 132 of 2009)(2B) Subject to section 55, a voter to whom a time slot is assigned under subsection (2A) may only cast his or her vote during the time slot. (L.N. 132 of 2009)(3) The Chief Electoral Officer must appoint the polling hours so as to give the voters a reasonable opportunity to vote.(3A) The Commissioner of Correctional Services must assign the time slot so as to give the voters a reasonable opportunity to vote. (L.N. 132 of 2009)(4) The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette, a notice specifying the polling hours for the subsectors and, if appropriate, for each polling station.(4A) The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all voters to whom time slots are assigned under subsection (2A) of the time slot assigned to each of them. (L.N. 132 of 2009)(5) In this section, voters (投票人) includes authorized representatives. 28. Chief Electoral Officer to designate polling stations and counting stations (1) The Chief Electoral Officer must, in respect of a subsector election, designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 132 of 2009; 15 of 2016 s. 61)(a) one or more places as a polling station or polling stations for conducting a poll in respect of the election; and(b) one or more places as a counting station or counting stations for counting the votes. (L.N. 132 of 2009)(1A) Without affecting subsection (1), the Chief Electoral Officer must designate one or more places as a dedicated polling station or dedicated polling stations at which voters in custody or authorized representatives in custody are allocated to vote. (L.N. 132 of 2009)(2) The Chief Electoral Officer may designate under subsection (1)—(a) premises occupied by a Government department for official purposes (Government building);(b) a structure, place or premises hired under subsection (3) or which is to be so hired;(c) any school in respect of which a grant is made out of the general revenue;(d) a building occupied by an organization, association or body in respect of which a grant is made out of the general revenue; or(e) any other structure, premises, whether permanent or temporary, mobile or otherwise, or place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1).(3) The Chief Electoral Officer may hire any structure, place or premises or a part of a structure, place or premises to designate as a polling station or a counting station.(4) The Chief Electoral Officer may designate a place described in subsection (2) in addition to or in substitution of a place designated under this section as a polling station or a counting station. The Chief Electoral Officer must publish notice of such designation. The notice may be published in a manner that Officer thinks fit.(5) The Chief Electoral Officer must ensure that there are sufficient polling stations and counting stations to enable polling and counting of votes to take place smoothly and efficiently.(6) The Chief Electoral Officer must make available, at that Officer’s office, for public inspection, a list of the polling stations and counting stations.(7) The Chief Electoral Officer must, in the case of a polling station or a counting station which is not a Government building—(a) make good any damage caused; and(b) defray any expenses incurred by any person having control over the structure, place or premises,due to their having been used as a polling station or a counting station.(8) The Chief Electoral Officer may take such steps as that Officer considers appropriate, including taking out insurance, to insure against any risk of loss or damage that may arise due to or in connection with the use of any structure, place or premises as a polling station or a counting station.(9) The Chief Electoral Officer may, in relation to more than one subsector election, designate one counting station for the counting of the votes cast at all the polling stations used for polling for the subsector elections concerned. 28A. Chief Electoral Officer may require certain premises for use as polling stations or counting stations (1) For the purposes of section 28(1)(a) or (b), the Chief Electoral Officer may, by written notice, require an owner or occupier of any target premises to—(a) allow an authorized person to carry out a site visit at the premises for enabling the Officer to determine whether the premises are suitable for use as a polling station or counting station in a subsector election; and(b) if the Officer considers the premises suitable—take the steps specified in subsection (2).(2) The steps specified for the purposes of subsection (1)(b) are—(a) to make available the premises for use as a polling station or counting station in the subsector election; and(b) to allow an authorized person to carry out preparatory work and store materials at the premises for a purpose relating to such use.(3) If any target premises are used as a polling station or counting station as a result of a person’s compliance with a requirement made under subsection (1), the Chief Electoral Officer must pay to the person a user fee for the period during which the premises are so used.(4) The amount of the user fee payable under subsection (3) is to be—(a) agreed between the person and the Chief Electoral Officer; or(b) if no agreement can be reached—determined by the court by reference to the loss suffered by the person for making available the premises.(5) A user fee payable under subsection (3) is to be paid out of the general revenue.(6) A person who fails to comply with a requirement made under subsection (1) is liable to pay a financial penalty of $50,000, which is recoverable as a civil debt due to the Government.(7) In this section—authorized person (獲授權人) means a person authorized in writing by the Chief Electoral Officer for the purposes of this section; occupier (佔用人), in relation to any target premises— (a) means a tenant, subtenant or any other person in lawful occupation of the premises; but (b) does not include an owner of the premises; owner (業主), in relation to any target premises, means— (a) a person who appears from the records at the Land Registry to be the owner of—(i) the land on which the premises are situated; or(ii) if the land is divided into shares—an undivided share in the land that relates to the premises; and (b) a registered mortgagee in possession of such land or share; target premises (目標處所) means a school or building described in section 28(2)(c) or (d) or any part of it.(14 of 2021 s. 206) 29. Chief Electoral Officer to designate some polling stations as special polling stations (1) If the polling station or polling stations designated by the Chief Electoral Officer for a subsector would be difficult of access for persons with a disability, the Chief Electoral Officer must designate one or more polling stations as special polling station or stations to be used for voting by them. (15 of 2016 s. 62)(2) Only a polling station which, in the opinion of the Chief Electoral Officer, is suitable for use by persons referred to in subsection (1) may be designated as a special polling station.(2A) The Chief Electoral Officer may, for the purpose of subsection (1), designate as a special polling station any place which has been designated as a polling station under section 28. (L.N. 114 of 2006)(3) In a notice published under section 28(1), the Chief Electoral Officer must indicate—(a) the special polling stations (if any); and(b) the subsector or subsectors for which a particular special polling station is designated. (15 of 2016 s. 62) 30. Chief Electoral Officer may arrange for voting for subsectors to take place at polling station and to allocate polling stations to voters and authorized representatives (1) The Chief Electoral Officer may make arrangements for voting for more than one subsector to take place at one polling station.(2) The Chief Electoral Officer must allocate to each voter and authorized representative a polling station or polling stations to cast the vote or votes he or she is entitled to cast at a subsector election.(2A) If a voter or authorized representative will be serving a sentence of imprisonment on the polling day, the Chief Electoral Officer may allocate to the voter or authorized representative a dedicated polling station to cast the vote or votes he or she is entitled to cast at a subsector election. (L.N. 132 of 2009)(3) If a person is entitled to cast more than one vote (one as a voter and the other as an authorized representative), the Chief Electoral Officer may allocate to that person the same polling station to cast both the votes.(4) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to a voter or authorized representative an alternative polling station, in addition to or in substitution of the polling station or any of the polling stations, as the case may be, allocated under subsection (2), to cast the vote or votes he or she is entitled to cast at a subsector election.(5) To enable the Chief Electoral Officer to perform his or her functions under this section in relation to electors, the Commissioner of Correctional Services must, upon a request by the Chief Electoral Officer, provide the following information concerning every person who is serving a sentence of imprisonment or detained by the Correctional Services Department on remand—(a) the name of the person;(b) the number of the person’s identity document;(c) the prisoner registration number allocated by the Commissioner of Correctional Services to the person for identification purposes;(d) the name and address of the premises in which the person is detained. (L.N. 75 of 2011)(6) To enable the Chief Electoral Officer to perform his or her functions under this section in relation to electors, the head of any law enforcement agency must, upon a request by the Chief Electoral Officer, provide the following information concerning every person who is detained by the law enforcement agency under any lawful authority—(a) the name of the person;(b) the number of the person’s identity document;(c) the name and address of the premises in which the person is detained. (L.N. 75 of 2011) 31. Chief Electoral Officer to send poll cards to voters and authorized representatives (1) Subject to subsections (3) and (4), for every contested subsector election, the Chief Electoral Officer must, at least 5 days before polling day, send a poll card to each voter and authorized representative.(2) A poll card need not be sent to a voter or authorized representative if—(a) the Chief Electoral Officer is satisfied, having regard to information received from the Registrar of Births and Deaths, that the voter or authorized representative is dead; or(b) the Chief Electoral Officer is satisfied that the voter’s or authorized representative’s address as recorded in the subsector final register—(i) does not exist;(ii) refers to a building that has been demolished; or(iii) refers to a building that is not built at the time poll cards are to be sent.(2A) A poll card sent to a voter or authorized representative who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the voter or authorized representative and sent, as far as practicable, to the prison. (L.N. 132 of 2009)(3) A poll card need not be sent under subsection (1) to a corporate voter.(4) If the Chief Electoral Officer receives notice of the substitution or replacement of an authorized representative within the 5 days preceding polling day, that Officer need not send a poll card to the substitute or replacement authorized representative. The Chief Electoral Officer must inform that substitute or replacement authorized representative of the polling station allocated to him or her in a manner that Officer thinks fit.(5) The Chief Electoral Officer must state in the poll card the polling station or polling stations at which the voter or authorized representative must cast his or her vote or votes.(6) As soon as practicable after having allocated to a voter or authorized representative an alternative polling station under section 30(4), the Chief Electoral Officer must, in a manner that Officer considers appropriate—(a) notify—(i) the voter or authorized representative;(ii) the Returning Officer; and(iii) the Presiding Officer of the polling station previously allocated to the voter or authorized representative,of the alternative polling station; and(b) notify—(i) the Returning Officer;(ii) the Presiding Officer of the polling station previously allocated to the voter or authorized representative; and(iii) the Presiding Officer of the alternative polling station, of the name, identity document number and residential address (as they appear in the subsector final register) of the voter or authorized representative and the subsector for which the voter or authorized representative is entitled to vote.(7) In this section, corporate voter (團體投票人) has the meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569). 32. Person to vote at correct polling station (1) Subject to subsection (2), a person may only vote at the polling station or polling stations allocated to him or her under section 30.(2) A person who is allocated a special polling station under section 33 may only vote at that special polling station. 33. Chief Electoral Officer may allocate special polling stations (1) A voter or authorized representative who claims to be a person with a disability and that access to the polling station which is allocated to him or her under section 30 is difficult for him or her due to the disability, may apply to the Chief Electoral Officer to vote at the special polling station designated for the subsector for which he or she is entitled to vote.(2) An application under subsection (1) must reach the Chief Electoral Officer at least 3 days before polling day. The application—(a) may be—(i) made in writing; and(ii) delivered by hand, by post, by electronic mail or by facsimile transmission; or (15 of 2016 s. 39)(b) may be made orally by telephone.(3) On receiving an application under subsection (1), the Chief Electoral Officer must, if satisfied that the application is well founded, allocate to the voter or authorized representative an appropriate special polling station to cast the vote he or she is entitled to cast at the subsector election to which the application relates.(4) The Chief Electoral Officer must inform the applicant in a manner that Officer considers appropriate, the result of the application, as soon as practicable.(5) When the Chief Electoral Officer allocates a special polling station to a voter or authorized representative under this section, that Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the Returning Officer;(b) the Presiding Officer of the special polling station; and(c) the Presiding Officer of the polling station previously allocated to the voter or authorized representative,of the name, identity document number and residential address (as they appear in the subsector final register) of the voter or authorized representative.(6) The Chief Electoral Officer must notify the persons referred to in subsection (5) of the subsector for which the voter or authorized representative is entitled to vote.(7) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to a voter or authorized representative an alternative special polling station, in addition to or in substitution of the special polling station allocated under subsection (3), to cast the vote he or she is entitled to cast at the subsector election.(8) As soon as practicable after having allocated to a voter or authorized representative an alternative special polling station under subsection (7), the Chief Electoral Officer must, in a manner that Officer considers appropriate—(a) notify—(i) the voter or authorized representative; and(ii) the persons referred to in subsection (5),of the alternative special polling station; and(b) notify—(i) the persons referred to in subsection (5); and(ii) the Presiding Officer of the alternative special polling station, of the name, identity document number and residential address (as they appear in the subsector final register) of the voter or authorized representative and the subsector for which the voter or authorized representative is entitled to vote. 34. Chief Electoral Officer to appoint or remove Presiding Officer, etc. for each polling station (L.N. 114 of 2006; L.N. 75 of 2011)(1) The Chief Electoral Officer must appoint a person to preside at each polling station.(2) The Chief Electoral Officer may appoint, as polling officers, persons that Officer considers suitable to assist the Presiding Officer in the conduct of a poll.(3) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer. (L.N. 114 of 2006; L.N. 176 of 2006) 35. Chief Electoral Officer to supply candidates with copy of subsector final register (1) The Chief Electoral Officer must supply to each candidate a copy of the part of the subsector final register which relates to the subsector for which that candidate is nominated.(2) A copy under this section must be supplied to a candidate as soon as practicable after the relevant subsector nomination form is submitted to the Returning Officer. The copy may contain such additional particulars or information as the Chief Electoral Officer thinks fit to include.(3) The form in which the copy is supplied may be a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(4) A copy for the purposes of this section may be supplied to the election agent of the candidate instead of to the candidate. 36. Chief Electoral Officer to supply Returning Officer with copy of subsector final register (1) The Chief Electoral Officer must supply to the Returning Officer a copy of the part of the subsector final register which relates to the subsector for which that Returning Officer is appointed.(2) A copy under this section must be supplied after the relevant notice of nominations is published under section 18.(3) The copy may contain the identity document numbers of the voters and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include.(4) The form in which the copy is supplied may be a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer. 37. Chief Electoral Officer to carry out other duties relating to polling stations (1) The Chief Electoral Officer must provide at each polling station sufficient compartments as that Officer considers necessary to enable voters and authorized representatives to mark ballot papers, screened from observation.(2) The Chief Electoral Officer must supply to each Presiding Officer, the number of ballot papers the Chief Electoral Officer considers necessary for the subsector or subsectors for which the polling station is to be used for polling. The Chief Electoral Officer must ensure that the name of any deceased or disqualified candidate regarding whom notice under section 20(1) or 21(1) is given or declarations under section 20(3) or 21(3) are made, and other information relating to that candidate, if printed on the ballot papers, are crossed out, or endorsed with a marking as directed by the Commission. (1 of 2019 s. 39; 8 of 2025 s. 27)(3) The Chief Electoral Officer must also supply to the Presiding Officer a copy of the part of the subsector final register relating to that subsector or subsectors.(4) The copy may contain the identity document numbers of the voters and authorized representatives and such other additional particulars or information as the Chief Electoral Officer thinks fit to include.(5) The form in which the copy is supplied may be a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(6) The Chief Electoral Officer must provide at each polling station—(a) materials; and(b) if the polling station is to be used for polling for a subsector by-election in relation to which the Commission has made a direction under section 56(2), chops bearing the mark “✓”, with or without any design,that are necessary to enable voters and authorized representatives to mark the ballot papers.(7) The Chief Electoral Officer must do other acts and things as that Officer considers necessary for holding the poll effectively. 37A. Presiding Officer to display notice relating to deceased or disqualified candidates (1) This section applies if—(a) the name of, and other information relating to, a candidate (applicable candidate) on a ballot paper are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2); and(b) the ballot paper is used for polling at a polling station.(2) The Presiding Officer of the polling station must ensure that a notice specified in subsection (3) is displayed in a prominent place—(a) if the polling station is not a dedicated polling station—outside the polling station; or(b) if the polling station is a dedicated polling station—inside the polling station.(3) The notice must state that—(a) the applicable candidate is—(i) a deceased candidate regarding whom a declaration referred to in section 20(3) has been made; or(ii) a disqualified candidate regarding whom a declaration referred to in section 21(3) has been made; and(b) the name of, and other information relating to, the applicable candidate on the ballot paper are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2).(1 of 2019 s. 40; 8 of 2025 s. 28) 38. Chief Electoral Officer to supply list of polling officers to assist Presiding Officer (1) The Chief Electoral Officer must supply to the Presiding Officer a list of the polling officers appointed for the polling station for which that Presiding Officer is appointed.(2) The Chief Electoral Officer must supply to the Returning Officer for a subsector a list of the polling officers appointed for the polling stations at which polling for that subsector is to take place.(3) The Presiding Officer must display the list referred to in subsection (1) in a prominent place— (L.N. 75 of 2011)(a) (if the polling station for which the Officer is appointed is not a dedicated polling station) outside the polling station;

or(b) (if the polling station for which the Officer is appointed is a dedicated polling station) inside the polling station. (L.N. 75 of 2011) 39. Presiding Officer to exhibit at polling station notice providing information for guidance of voters (1) The Presiding Officer of a polling station must ensure that a notice providing information for the guidance of voters and authorized representatives in voting procedure is— (L.N. 132 of 2009)(a) exhibited—(i) if the polling station is not a dedicated polling station, outside the polling station; or(ii) if the polling station is a dedicated polling station, inside the polling station; and(b) exhibited inside every voting compartment of the polling station. (L.N. 132 of 2009)(2) A notice under subsection (1) must be in the specified form. 40. Returning Officer to determine no canvassing zones and no staying zones (1) The Returning Officer for a subsector must determine an area outside each polling station used for polling for that subsector as a no canvassing zone and an area within that area as a no staying zone. A no canvassing zone and a no staying zone are to be determined with reference to a map or plan.(2) If a polling station is to be used for polling for more than one subsector, the determination of the no canvassing zone and the no staying zone is to be made by the Returning Officer specified for the purpose by the Chief Electoral Officer.(3) If a polling station is to be used for polling for only one subsector, the Returning Officer for the subsector must give notice to the candidates.(4) If a polling station is to be used for polling for more than one subsector, the Returning Officer who makes the determination must give notice to the candidates for the subsector for which that Officer is appointed and the Returning Officers for the other subsectors for which the polling station is to be used.(5) Notice under subsection (3) or (4) must be given at least 7 days before polling day. (L.N. 114 of 2006)(6) A Returning Officer who is given notice under subsection (4) must give notice to the candidates for the subsector for which that Officer is appointed as soon as practicable after that Officer receives the notice.(7) A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both of those areas in accordance with this section. Subject to subsection (11), notice of a variation must be given as soon as practicable after the variation in the same manner as notice of a no canvassing zone or a no staying zone is given under subsection (3) or (4).(8) On polling day, the Returning Officer who has determined the no canvassing zone or the no staying zone (or subsequently varied it, if applicable) must display at or near the polling station a notice of the no canvassing zone and the no staying zone. That Officer must also indicate the boundaries of those zones in a manner that Officer thinks fit.(8A) (Repealed L.N. 75 of 2011)(9) If after display under subsection (8), either or both of those areas are varied, the Returning Officer must display at or near the polling station a notice of the no canvassing zone or the no staying zone or both those zones, if appropriate, as varied.(9A) A Returning Officer may perform any act which the Officer is required or authorized to perform under subsections (7), (8) and (9) through a Presiding Officer. (L.N. 75 of 2011)(10) A determination of a no canvassing zone or a no staying zone or the variation of such an area becomes effective only on the display of a notice under subsection (8) or (9), as may be applicable.(11) A notice of a variation under subsection (7) need not be given to the candidates if it is not reasonably practicable to do so before the close of the poll. Notice may be given to the election agent or polling agent of a candidate if present at the polling station.(12) A notice required to be given to a candidate under this section may be given to the election agent or polling agent of the candidate instead of to the candidate.(13) For the purposes of this section, notice (通知、公告) means a notice of the determination of the no canvassing zone and the no staying zone with a map or plan or separate maps or plans showing those zones in relation to the relevant polling station.(14) On polling day, a person must not—(a) subject to subsection (15), engage in canvassing for votes in a no canvassing zone; (L.N. 114 of 2006)(aa) conduct any activity for canvassing for votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 114 of 2006)(b) subject to subsection (14A), use a sound amplifying system or device for any purpose in the no canvassing zone; (L.N. 75 of 2011)(c) use a sound amplifying system or device, for canvassing for votes, so that the sound emitted by it can be heard in the no canvassing zone;(d) subject to subsection (16), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which— (L.N. 114 of 2006)(i) may promote or prejudice the election of a candidate or candidates at the subsector election; or(ii) makes direct reference to a political body in Hong Kong or to a body any member of which is standing as a candidate at the subsector election; or(e) stay or loiter in the no staying zone without the express permission of the Presiding Officer.(14A) An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 75 of 2011)(15) On polling day, a person may, without obstructing any person, canvass for votes from door to door on the storeys above or below street level in a building within the no canvassing zone which—(a) the person is allowed to enter for the purpose of canvassing for votes; and(b) has no polling station inside it. (L.N. 114 of 2006)(16) A person may, for the purpose of canvassing for votes pursuant to subsection (15), display or wear any badge, emblem, clothing or head-dress referred to in subsection (14)(d). (L.N. 114 of 2006) 41. Presiding Officer to keep order in no canvassing zone and no staying zone (1) The Presiding Officer must use that Officer’s best endeavours to ensure that a person does not, on polling day—(a) engage in canvassing for votes in the no canvassing zone (except as provided in section 40(15)); (L.N. 114 of 2006)(aa) conduct any activity for canvassing for votes so that the sound of the activity can be heard in the no canvassing zone; (L.N. 114 of 2006)(b) subject to subsection (1A), use a sound amplifying system or device for any purpose in the no canvassing zone; (L.N. 75 of 2011)(c) use a sound amplifying system or device, for canvassing for votes, so that the sound emitted by it can be heard in the no canvassing zone;(d) (except as provided in section 40(16)) without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which— (L.N. 114 of 2006)(i) may promote or prejudice the election of a candidate or candidates at the subsector election; or(ii) makes direct reference to a political body in Hong Kong or to a body any member of which is standing as a candidate at the subsector election; or(e) stay or loiter in the no staying zone (except where the person has been expressly permitted to do so by the Presiding Officer).(1A) An officer of the Correctional Services Department may, on polling day, use a sound amplifying system or device for the performance of his or her duties in the no canvassing zone of a dedicated polling station situated in a prison. (L.N. 75 of 2011)(2) If, on polling day, in a no canvassing zone or a no staying zone, a person—(a) misconducts himself or herself, the Returning Officer or the Presiding Officer may;(b) fails to obey a lawful order of the Returning Officer, that Officer may; or(c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the no canvassing zone or the no staying zone, as the case may be, immediately.(3) If a person fails to leave when ordered to do so under subsection (2), the person may be removed by— (L.N. 132 of 2009)(a) a police officer;(b) a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or(c) if the no canvassing zone or the no staying zone, as may be appropriate, is determined in relation to a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 132 of 2009)(4) A person who is removed under subsection (3) may not enter the relevant zone again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so. (L.N. 114 of 2006)(5) The powers conferred by this section are not to be exercised so as to prevent a person from voting at the polling station allocated to that person.(6) For the purpose of subsection (2) but without limiting it, a person misconducts himself or herself if the person causes an obstruction to any person who is in the no canvassing zone or the no staying zone and on his or her way to vote. 42. Candidates may appoint polling agents (1) A candidate may appoint persons to attend at polling stations on his or her behalf for any purpose connected with the conduct of a poll, in accordance with this section.(2) Polling agents may be appointed by a candidate to attend only at the polling stations used for polling for the subsector for which the candidate is standing for election.(3) A candidate may appoint a maximum of 2 polling agents for one polling station.(4) Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent.(5) A candidate who appoints a polling agent must give notice of the appointment to the Chief Electoral Officer at least 7 days before polling day. (15 of 2016 s. 40)(5AA) A notice of appointment given under subsection (5) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 40)(5A) Despite subsections (1), (3) and (5)—(a) subject to paragraphs (b) and (c), only one polling agent may be appointed by a candidate for a dedicated polling station situated in a prison;(b) no polling agent may be appointed by a candidate for a dedicated polling station situated in a prison if the Commissioner of Correctional Services has consented under section 23(15)(d) to the presence of the election agent of that candidate in that polling station;(c) no polling agent may be appointed for a dedicated polling station situated in a maximum security prison; and(d) the appointment of a polling agent for a dedicated polling station situated in a prison is not effective unless— (15 of 2016 s. 40)(i) a notice of appointment is given in accordance with subsection (5); and(ii) the Commissioner of Correctional Services consents to the appointment. (L.N. 132 of 2009; 15 of 2016 s. 40)(5B) Despite subsection (5A)(d), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (15 of 2016 s. 40)(a) a voter in custody or an authorized representative in custody who is entitled to vote for the relevant subsector 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. 132 of 2009; 15 of 2016 s. 40)(5C) If the Commissioner of Correctional Services refuses to give consent under subsection (5A)(d), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 132 of 2009)(6) A notice appointing a polling agent for a polling station other than a dedicated polling station situated in a prison must, if it is not given under subsection (5), be delivered on the polling day to the Presiding Officer of the polling station— (L.N. 132 of 2009)(a) by the candidate in person; or(b) by the election agent of the candidate, in person.(7) Subject to subsection (5A)(d), the appointment of a polling agent is not effective until notice of the appointment is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (15 of 2016 s. 40)(8) A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and address of the polling agent. It must be signed by the candidate.(9) If the appointment of a polling agent is revoked, the candidate must give notice of the revocation to the Chief Electoral Officer or the Presiding Officer of the polling station in accordance with subsection (11) or (11A). (15 of 2016 s. 40)(10) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate.(11) If notice of revocation is given before polling day, it must be delivered to the Chief Electoral Officer by hand, by post, by electronic mail or by facsimile transmission. (L.N. 75 of 2011; 15 of 2016 s. 40)(11A) If the notice of revocation is given on the polling day—(a) (if the polling station for which the polling agent is appointed is not a dedicated polling station situated in a prison) it must be delivered to the Presiding Officer of the polling station 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 Chief Electoral Officer by hand, by electronic mail or by facsimile transmission. (L.N. 75 of 2011; 15 of 2016 s. 40)(12) The revocation of the appointment of a polling agent is not effective until notice of the revocation is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. 43. Chief Electoral Officer to delineate polling stations on map and display map (L.N. 132 of 2009)(1) The Chief Electoral Officer must delineate each polling station on one or more maps or plans. (L.N. 132 of 2009)(1A) The Chief Electoral Officer must display a map or plan referred to in subsection (1)—(a) subject to paragraph (b), outside the polling station concerned; and(b) if the map or plan is prepared for a dedicated polling station, inside the polling station. (L.N. 132 of 2009)(2) The Presiding Officer must demarcate clearly by marks, barriers or other means as that Officer thinks fit, the polling station in accordance with the map or plan referred to in subsection (1).(3) The Chief Electoral Officer and the Presiding Officer must carry out their functions under this section before the poll commences. 44. Who may enter or be present at polling station (1) Except where it is provided otherwise in this Regulation, a person must not enter a polling station other than to vote.(2) Subject to subsections (4) and (5), in order to ensure that polling takes place smoothly and efficiently, the Presiding Officer may—(a) regulate the number of voters, authorized representatives, candidates, election agents and polling agents to be admitted to the polling station at any one time; or(b) exclude any person from the polling station.(3) Without limiting subsection (2), the Presiding Officer may exclude from the polling station any person who is present in contravention of this section.(4) The Presiding Officer may not exclude from the polling station—(a) polling officers;(b) the Chief Returning Officer (Subsectors);(c) the Returning Officers or Assistant Returning Officers for the subsectors for which the polling station is used;(d) members of the Commission;(e) public officers on duty at the polling station;(f) the Chief Electoral Officer;(g) public officers authorized in writing by the Chief Electoral Officer; (L.N. 114 of 2006)(h) persons authorized in writing by a member of the Commission; (L.N. 114 of 2006)(i) police officers and members of the Civil Aid Service on duty at the polling station; (L.N. 114 of 2006; 14 of 2021 s. 207)(j) a person authorized in writing by the Returning Officer to act as a liaison officer; or (L.N. 114 of 2006; 14 of 2021 s. 207)(k) an individual who provides the assistance mentioned in section 114(2)(c) pursuant to an authorization under that section. (14 of 2021 s. 207)(5) A person authorized by the Commission to be present in a polling station may be present in accordance with the terms of the authorization.(6) Subject to subsections (7), (8), (9), (10), (11) and (12), on behalf of each candidate, one polling agent of that candidate may be present in the polling station at any one time.(6A) Subsection (6) does not apply to a dedicated polling station situated in a maximum security prison. (L.N. 132 of 2009)(7) If a candidate is present in the polling station, the election agent or polling agent of that candidate may not be present in that polling station at the same time.(8) If the election agent of a candidate is present in the polling station, a polling agent of that candidate may not be present in that polling station at the same time.(9) A candidate, an election agent or a polling agent may be present in the polling station subject to the availability of seats in the area designated to accommodate them.(10) A person referred to in subsection (9) who wishes to be admitted to the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his or her identity document and a declaration of secrecy completed on the specified form by him or her.(11) If the area referred to in subsection (9) is occupied to its full seating capacity, the Presiding Officer may refuse entry to the polling station to any person referred to in that subsection. That Officer may make arrangements for admitting them to the polling station later.(12) Only an election agent or polling agent regarding whom notice of appointment has been given under this Regulation may be present in a polling station on behalf of a candidate.(13) If—(a) a person arrives at a polling station for the purpose of voting accompanied by a child; and(b) the Presiding Officer considers that the child—(i) should not be left unattended while the person is in the polling station; and(ii) will not disturb or cause inconvenience to any person in the polling station,that Officer may permit the child to enter the polling station.(14) The Presiding Officer must not exercise the powers conferred on that Officer under this section so as to prevent a person from voting at the polling station allocated to that person. 45. What constitutes offence at polling station (1) Subject to subsection (6), if on polling day, within a polling station, a person—(a) communicates with a voter or an authorized representative; or(b) uses a mobile telephone, paging machine or any other device for electronic communication,contrary to a direction of the Returning Officer, Assistant Returning Officer, Presiding Officer or any polling officer not to do so, that person commits an offence. (L.N. 114 of 2006)(2) A person who, on polling day, films or takes photographs or makes any audio or video recording within a polling station without—(a) the express permission of—(i) the Presiding Officer; or(ii) any member of the Commission; or(b) the express permission, in writing, of the Returning Officer for the subsector or subsectors for which the polling station is used for polling,commits an offence.(3) A person who, on polling day, engages in canvassing for votes or displays an election advertisement within a polling station, commits an offence.(4) A person who, on polling day—(a) in a no canvassing zone or a no staying zone or within or at a polling station—(i) fails to comply with a lawful order given by the Returning Officer or the Presiding Officer; or(ii) behaves in a disorderly manner; or(b) contravenes section 40(14) or 41(4),commits an offence.(5) A person who, without reasonable excuse, displays or wears, on polling day and within a polling station, any badge, emblem, clothing or head-dress which— (L.N. 114 of 2006)(a) may promote or prejudice the election of a candidate or candidates at the subsector election; or(b) makes direct reference to a political body in Hong Kong or to a body any member of which is standing as a candidate at the subsector election,commits an offence.(6) Subsection (1) does not apply to—(a) a Returning Officer;(aa) an Assistant Returning Officer; (L.N. 114 of 2006)(b) a member of the Commission;(c) the Chief Electoral Officer;(d) a person authorized in writing by a member of the Commission to so communicate;(e) a Presiding Officer;(f) a polling officer;(g) a person authorized in writing by the Returning Officer to act as a liaison officer;(h) a police officer on duty at a polling station; (L.N. 132 of 2009 and L.N. 197 of 2009)(i) a member of the Civil Aid Service on duty at a polling station; (L.N. 132 of 2009 and L.N. 197 of 2009)(j) an officer of the Correctional Services Department on duty at a dedicated polling station; or (L.N. 132 of 2009 and L.N. 197 of 2009)(k) an officer of any law enforcement agency on duty at a dedicated polling station. (L.N. 132 of 2009 and L.N. 197 of 2009)(7) A person who commits an offence under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 114 of 2006)(8) A person who commits an offence under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 114 of 2006) 46. Presiding Officer to keep order at polling station (1) The Presiding Officer must keep order at the polling station.(2) If, on polling day, at a polling station, a person—(a) misconducts himself or herself, the Returning Officer or the Presiding Officer may;(b) fails to obey a lawful order of the Returning Officer, that Officer may; or(c) fails to obey a lawful order of the Presiding Officer, that Officer may,order the person to leave the polling station or the vicinity of the polling station, as the case may require, immediately.(2A) If a voter or authorized representative who is allocated to vote at a dedicated polling station fails to comply with section 54(1) and (1A), the Returning Officer or the Presiding Officer may order him or her to leave the polling station immediately. (L.N. 132 of 2009)(3) If a person fails to leave when ordered to do so under subsection (2) or (2A), the person may be removed— (L.N. 132 of 2009)(a) if the polling station concerned is not a dedicated polling station, by a police officer or by a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or(b) if the polling station concerned is a dedicated polling station, by—(i) a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate;(ii) an officer of the Correctional Services Department; or(iii) an officer of any law enforcement agency. (L.N. 132 of 2009)(4) A person who is removed under subsection (3) may not enter the relevant polling station again on that day, unless the Returning Officer or the Presiding Officer, as may be appropriate, permits him or her to do so.(5) The powers conferred by subsection (2) are not to be exercised so as to prevent a person from voting at the polling station allocated to that person. (L.N. 132 of 2009)(6) For the purpose of subsection (2) but without limiting it, a person misconducts himself or herself if the person disrupts the poll at the polling station, or disturbs or causes inconvenience to any person in the polling station. Division 2 Ballot Boxes and Ballot Papers and Procedure for Voting 47. Design of ballot box A ballot box to be used for a subsector election is to be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or the sealing device. 48. Presiding Officer to seal ballot box before commencement of poll (1) Immediately before the commencement of the poll, the Presiding Officer must show each ballot box, empty, to the persons, if any, as are then present within the polling station. Then the Presiding Officer must lock the ballot box, seal it with a seal provided for that purpose or any other device specified by the Chief Electoral Officer, so that it cannot be opened without breaking the seal or the device.(2) The Presiding Officer must place the ballot box for the receipt of ballot papers in that Officer’s view or in the view of any other polling officers, and must keep it locked and sealed. 49. Form of ballot papers and order of appearance of names of candidates on ballot papers (1) Subject to subsection (2), a ballot paper to be used to vote at a subsector election is to be in Form 1 in Schedule 2.(2) If the Commission has made a direction under section 56(2) in relation to a subsector by-election, the ballot paper to be used to vote at the subsector by-election is to be in Form 2 in Schedule 2.(3) The Commission may decide—(a) to have a ballot paper printed in white or in colour or a colour pattern;(b) the colour in which a ballot paper is to be printed or the colour pattern to be printed on a ballot paper;(c) to have the ballot papers for different subsectors printed in different colours or with different colour patterns;(d) whether or not to have a design on the back of a ballot paper;(e) the design to be printed on the back of a ballot paper; or(f) to have different designs printed on the back of ballot papers for different subsectors.(4) The order in which the names of candidates appear on a ballot paper is to be determined by the Returning Officer by the drawing of lots. A number is to be allocated to each candidate in accordance with the result of the draw.(5) A candidate may be present at the drawing of lots under this section or be represented by a person authorized in writing by him or her.(6) The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section.(7) A ballot paper is to contain the following information—(a) the name of the candidate;(b) if the Commission so determines, the address of the candidate as shown on the notice of nominations that has been published under section 18; and(c) the number allocated to the candidate under this section.(8) In the case of the death or disqualification of a candidate who has been allocated a number under this section, the name of the candidate and the information under subsection (7) relating to that candidate—(a) are to be omitted from the ballot paper; or(b) if printed on the ballot paper, are to be crossed out, or endorsed with a marking as directed by the Commission, under section 37(2). (1 of 2019 s. 41; 8 of 2025 s. 29)(9) The number allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the subsector concerned who has died or is disqualified is omitted from the ballot paper, crossed out or endorsed with a marking under subsection (8). (8 of 2025 s. 29)(10) A ballot paper is to have the date and description of the subsector election printed on the front of it.(11) A number may be printed on the counterfoil of a ballot paper, but that number is not to be printed or shown in any manner on the ballot paper.(12) A notice required to be given to a candidate under subsection (6) may be given to the election agent of the candidate instead of to the candidate. 49A. 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 50(1A)(a), (ab), (b), (c), (d), (e) or (f) shows the year of birth, without the month and day of birth, of the person which is 70 years earlier than the year within which the polling day falls;(c) whose document specified in section 50(1A)(a), (ab), (b), (c), (d), (e) or (f) shows, without the day of birth—(i) the year of birth of the person which is 70 years earlier than the year within which the polling day falls; and(ii) the month of birth of the person which is the same as the month within which the polling day falls;(d) who is pregnant; or(e) who, because of illness, injury, disability or dependence on mobility aids—(i) is not able to queue for a long time; or(ii) has difficulty in queuing.(2) If the Presiding Officer is satisfied that a person who arrives at, or is present in, the polling station to vote falls within the description in subsection (1)(a), (b), (c), (d) or (e), the Officer may direct the person to immediately proceed to the following location to apply for a ballot paper—(a) the area designated under subsection (1); or(b) if there is a queue extending from that area—the end of the queue.(14 of 2021 s. 208) 50. Ballot paper to be issued to person only if Presiding Officer is satisfied of person’s identity (1) The Presiding Officer must not issue a ballot paper to a person unless that Officer is satisfied, by inspecting the document or documents set out in subsection (1A) or (1B), that he or she is the person registered in the subsector final register, whom he or she claims to be. (L.N. 131 of 2017)(1A) For a person applying for a ballot paper at a polling station (other than a dedicated polling station situated in a prison), the document or documents referred to in subsection (1) are any of the following —(a) the person’s identity card; (L.N. 150 of 2018)(ab) a document issued by the Commissioner (within the meaning of section 1A(1) of the Registration of Persons Ordinance (Cap. 177)) (Commissioner of Registration) to the person certifying that the person is exempt, under regulation 25 of the Registration of Persons Regulations (Cap. 177 sub. leg. A), from being required to register under that Ordinance; (L.N. 150 of 2018)(b) a document issued by the Commissioner of Registration acknowledging that the person has applied—(i) to be registered under the Registration of Persons Ordinance (Cap. 177); or(ii) for a new identity card under regulation 13 or 14 of the Registration of Persons Regulations (Cap. 177 sub. leg. A);(c) a valid Hong Kong Special Administrative Region Passport issued to the person under the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539);(d) a valid identity book for a seaman issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);(e) a valid document of identity issued to the person under regulation 3 of the Immigration Regulations (Cap. 115 sub. leg. A);(f) both— (L.N. 150 of 2018)(i) a document evidencing a report to a police officer of the loss or destruction of the document referred to in paragraph (a), (ab) or (b); and (L.N. 150 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. 131 of 2017; L.N. 150 of 2018)(iii) (Repealed L.N. 150 of 2018)(1B) For a person applying for a ballot paper at a dedicated polling station situated in a prison, the document referred to in subsection (1) is a document issued by the Commissioner of Correctional Services showing—(a) the person’s name; (b) the person’s photograph; and (c) the prisoner registration number allocated by that Commissioner to the person for identification purposes. (L.N. 131 of 2017)(2) A person is not to be prevented from voting only due to an omission or inaccuracy of a particular required to be recorded in the subsector final register, other than the omission of both the person’s name and the identity document number. 51. Questions to be asked of persons applying for ballot paper (1) The Presiding Officer may, at the time a person applies for a ballot paper, but not afterwards, ask, in case of doubt, the appropriate questions set out in subsection (3).(2) When asking the questions, the Presiding Officer must have regard to whether the person applying for the ballot paper is a voter or an authorized representative. That Officer must choose, frame, adjust or modify the questions accordingly.(3) The questions referred to in subsections (1) and (2) are—(a) “Are you the person registered in the subsector final register now in effect for this subsector, as follows (the Presiding Officer to read the whole entry as it is recorded in the register)?” or “你是否已登記在就本界別分組正有效的界別分組正式投票人登記冊上，並且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 register)?”;(b) “Have you already voted for this subsector?” or “你是否已經就本界別分組投票?”.(4) The Presiding Officer must ask the appropriate questions set out in subsection (3) if so required by a candidate, an election agent or a polling agent.(5) The Presiding Officer must not issue a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer. 52. Candidate or election agent or polling agent may challenge person who has applied for ballot paper or who has voted (L.N. 75 of 2011)(1) If a candidate, an election agent or a polling agent declares to the Presiding Officer that he or she has reasonable cause to believe that a person has engaged in corrupt conduct by impersonation and undertakes in writing to substantiate the allegation in a court, the Presiding Officer may take the step specified in subsection (2A). A candidate, an election agent or a polling agent may so declare only at the time a person applies for the ballot paper or after a person has applied for a ballot paper and before he or she has left the polling station.(2) If the Presiding Officer has reason to believe that a person applying for a ballot paper or who has applied for a ballot paper and who has not left the polling station has engaged in corrupt conduct by impersonation, the Presiding Officer may take the step specified in subsection (2A).(2A) The step specified for the purposes of subsections (1) and (2) is—(a) if the polling station is not a dedicated polling station, requesting a police officer to arrest the person concerned; or(b) if the polling station is a dedicated polling station, requesting an officer of the Correctional Services Department or any law enforcement agency to remove the person concerned from the polling station and report the case to the police. (L.N. 132 of 2009)(3) A person regarding whom a declaration is made under subsection (1) (whether or not that person is arrested or removed under that subsection) or a person who has been arrested or removed pursuant to a request made under subsection (2) is not to be prevented from voting only by reason of the declaration, arrest or removal. (L.N. 75 of 2011)(4) In this section, the reference to “corrupt conduct by impersonation” is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (E.R. 1 of 2020)(L.N. 132 of 2009) 53. Presiding Officer to issue ballot papers to voter or authorized representative (1) At a polling station used only for polling for one subsector, the Presiding Officer is, subject to subsection (3), to issue one ballot paper to a person who is voting only as a voter or only as an authorized representative.(2) At a polling station used for polling for more than one subsector, the Presiding Officer is, subject to subsection (3), to issue—(a) one appropriate ballot paper to a person who is voting only as a voter or only as an authorized representative; and(b) 2 appropriate ballot papers to a person who is voting as a voter and as an authorized representative.(3) Subject to section 60, if a person has been issued with a ballot paper for a subsector, a Presiding Officer must not issue another ballot paper for the subsector to that person.(3A) If a person is entitled to be issued with 2 ballot papers, the ballot papers must be handed over to the person at the same time. (1 of 2019 s. 89)(4) Before a ballot paper is issued under this section, the name of the voter or authorized representative, as may be applicable, as stated in the copy of the subsector final register must be called out.(5) Immediately before issuing the ballot paper, the Presiding Officer must— (14 of 2021 s. 209)(a) if a printed copy of the subsector final register is used to record the issue—mark the copy by placing a line across the name and identity document number of the voter or authorized representative; or(b) if an FR electronic copy or extract (as defined by section 112) of the subsector final register is used to record the issue—make, by using an electronic device, a record in the entry relating to the voter or authorized representative in the FR electronic copy or extract,to denote that the ballot paper or ballot papers the voter or authorized representative is entitled to have issued to him or her at the relevant polling station has been or have been so issued. (14 of 2021 s. 209)(6) No record is to be made of the particular ballot paper issued to a voter or authorized representative. 54. Procedure for voting (1) Subject to section 55, a voter or authorized representative who has been issued with a ballot paper must immediately cast his or her vote. When a voter or authorized representative is issued with a ballot paper, he or she must immediately go into a voting compartment and mark the ballot paper as appropriate. (L.N. 114 of 2006)(1A) After marking a ballot paper, a voter or authorized representative must put the ballot paper into the ballot box in accordance with any direction given under subsection (1B). (L.N. 114 of 2006)(1B) The Commission may direct, in such manner as it thinks fit, a voter or authorized representative—(a) to put the ballot paper, unfolded, into the ballot box with the marked side facing down;(b) to—(i) fold the ballot paper so that the marked side is inside; and(ii) put the folded ballot paper into the ballot box; (c) to—(i) put the ballot paper, unfolded, into an envelope provided at the polling station; and(ii) put the ballot paper contained in the envelope into the ballot box; or(d) to—(i) fold the ballot paper so that the marked side is inside;(ii) put the folded ballot paper into an envelope provided at the polling station; and(iii) put the ballot paper contained in the envelope into the ballot box. (L.N. 114 of 2006)(2) A voter or authorized representative must leave the polling station as soon as he or she has put the ballot paper into the ballot box.(3) A person must not put anything into the ballot box other than a marked ballot paper or an envelope referred to in subsection (1B). (L.N. 75 of 2011)(4) Except where it is provided otherwise in this Regulation, a person must not remove a ballot paper from a polling station. A person who contravenes this subsection commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(5) In this section, voting compartment (投票間) means a compartment provided under section 37(1) for the purpose of marking ballot papers. 55. Voter or authorized representative having left polling station without casting vote may return to cast vote under certain circumstances (1) Subject to subsection (6), a voter or authorized representative who—(a) has been issued with a ballot paper; and(b) has left the polling station without casting his or her vote,must not cast the vote unless before leaving the polling station, the voter or authorized representative has made a request to the Presiding Officer for permission to cast the vote at the polling station before the close of the poll and the Presiding Officer has granted the permission.(2) On making a request under subsection (1), the voter or authorized representative must—(a) inform the Presiding Officer of his or her reason for leaving the polling station without casting the vote; and(b) immediately give back to that Officer the ballot paper that has been issued to him or her.(3) If a voter or authorized representative has made a request under subsection (1) and has complied with subsection (2), the Presiding Officer must grant the permission unless that Officer is of the opinion that the request is a manifest abuse of the facilities provided by this section.(3A) Despite subsections (1), (2) and (3), a voter or authorized representative to whom a permission is granted under subsection (1) by a Presiding Officer of a dedicated polling station situated in a prison must not cast the vote unless the voter or authorized representative returns to the polling station within the time slot assigned to the voter or authorized representative under subsection (3B) or section 27(2A). (L.N. 132 of 2009)(3B) If the Presiding Officer of a dedicated polling station situated in a prison grants the permission to a voter or authorized representative under subsection (1), the Commissioner of Correctional Services must, as far as practicable—(a) assign to the voter or authorized representative a new time slot during the polling hours appointed for the polling station; and(b) notify the voter or authorized representative of the new time slot. (L.N. 132 of 2009)(4) If the Presiding Officer grants the permission under subsection (3), that Officer must—(a) keep in that Officer’s custody the ballot paper that is given to that Officer under subsection (2)(b); and(b) on the voter’s or authorized representative’s return to the polling station before the close of the poll to cast his or her vote, return to the voter or authorized representative that ballot paper in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 132 of 2009)(5) If the Presiding Officer does not grant the permission under subsection (3), that Officer must immediately return to the voter or authorized representative the ballot paper that is given to that Officer under subsection (2)(b).(6) A voter or authorized representative who—(a) has been issued with a ballot paper;(b) becomes incapacitated from voting by physical illness; and(c) has left the polling station without casting his or her vote,may cast the vote at the polling station before the close of the poll if before he or she leaves the polling station, the ballot paper has been given back to the Presiding Officer. In that case, the Presiding Officer must keep that ballot paper in that Officer’s custody and on the voter’s or authorized representative’s return to the polling station before the close of the poll to cast the vote, return to the voter or authorized representative that ballot paper in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 132 of 2009)(6A) If a voter in custody or an authorized representative in custody leaves a dedicated polling station situated in a prison under subsection (6), the Commissioner of Correctional Services must, as far as practicable—(a) assign to the voter or authorized representative a new time slot during the polling hours appointed for the polling station; and(b) notify the voter or authorized representative of the new time slot. (L.N. 132 of 2009)(6B) The right of a voter in custody or an authorized representative in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (6) is subject to his or her returning to the polling station within the time slot assigned to him or her under subsection (6A) or section 27(2A). (L.N. 132 of 2009)(7) When a voter or authorized representative is returned a ballot paper under subsection (4)(b), (5) or (6), section 54 and this section apply as if the voter or authorized representative had been issued with the ballot paper. 56. How ballot papers are to be marked (1) Subject to subsection (2), a voter or authorized representative voting at a subsector election must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of his or her choice. (1 of 2019 s. 53)(2) The Commission may, in relation to a subsector by-election, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “✓”, with or without any design. If the Commission so directs—(a) a voter or authorized representative voting at the subsector by-election must mark the ballot paper with the chop; and(b) the chop is to be affixed to give a single “✓” in the circles on the ballot paper opposite the names of the candidates of the voter’s or authorized representative’s choice.(3) At a subsector ordinary election, a voter or authorized representative may vote for as many candidates as the number of EC members to be elected by the subsector concerned. At a subsector by-election, a voter or authorized representative may vote for as many candidates as the number of EC members to be returned at the subsector by-election. (14 of 2021 s. 210) 57. Marking of ballot papers for or by incapacitated person (1) The Presiding Officer may mark a ballot paper for a voter or authorized representative who is or claims that he or she is unable to read or is incapacitated from voting due to blindness or other physical cause. The Presiding Officer may do so only on the application of such a voter or authorized representative.(2) The Presiding Officer must mark the ballot paper for a person referred to in subsection (1) in the presence of a polling officer and in the appropriate manner specified in section 56, according to the choice of the voter or authorized representative. The Presiding Officer must put the ballot paper into the ballot box in the presence of a polling officer and in the appropriate manner described in section 54, after marking it.(3) A voter or authorized representative who is blind or claims that he or she is blind may make use of a template to mark the ballot paper if a template is provided for that purpose at the polling station. 58. When person is to be issued with ballot paper marked “重複” and “TENDERED” (1) Subject to subsection (2) and section 55, if a person (the first-mentioned person) representing himself or herself to be a particular voter or authorized representative registered in the subsector final register applies for a ballot paper after a person has been issued with a ballot paper earlier on the basis that he or she is that first-mentioned person, the Presiding Officer must issue to the first-mentioned person a ballot paper endorsed on the front of it with the words “重複” and “TENDERED”.(2) The Presiding Officer may issue a ballot paper under subsection (1) only if—(a) the Presiding Officer is not certain that the first-mentioned person is the person who has been issued with a ballot paper earlier; and(b) the first-mentioned person answers the appropriate questions set out in section 51 to the satisfaction of the Presiding Officer.(L.N. 114 of 2006) 59. What ballot papers are to be marked “未用” and “UNUSED” by Presiding Officer (1) Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words “未用” and “UNUSED” on any ballot paper that has been issued but has not been put into the ballot box, including any ballot paper kept in that Officer’s custody under section 55(4) or (6) at the close of the poll.(2) References in this Regulation to an “unused ballot paper” are to be construed as references to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1). 60.

What ballot papers are to be marked “損壞” and “SPOILT” by Presiding Officer (1) If a voter or authorized representative inadvertently deals with the ballot paper issued to him or her in such a manner that it cannot be properly used as a ballot paper or makes an error in marking a ballot paper, he or she may apply to the Presiding Officer for another ballot paper.(2) The Presiding Officer may issue another ballot paper to a person referred to in subsection (1) if that person gives back the ballot paper already issued to him or her to that Officer and establishes to the satisfaction of that Officer inadvertence or the fact that he or she has made an error.(3) The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it the words “損壞” and “SPOILT”. 61. Steps to be taken at polling station after close of poll (1) As soon as practicable after the close of the poll at a polling station, the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps—(a) seal each ballot box with a seal provided for that purpose or with any other device specified by the Chief Electoral Officer, so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is sealed; and(b) make up into separate sealed packets—(i) the un-issued ballot papers;(ii) the unused ballot papers;(iii) the spoilt ballot papers; and(iv) if the copy of the subsector final register has been marked under section 53(5)(a)—the marked copy. (14 of 2021 s. 211)(2) The Presiding Officer must then comply with section 69 in relation to the ballot box, the sealed packets and the ballot paper account.(3) For the avoidance of doubt, it is declared that the ballot papers in a sealed packet prepared under this section are not to be processed for the purpose of the counting of votes. Accordingly, references in this Regulation to “ballot papers” in relation to the counting of votes are to be construed as not including those ballot papers. (E.R. 1 of 2020) 62. Presiding Officer to prepare ballot paper account For the ballot papers issued by a polling station, the Presiding Officer must prepare a statement in the specified form that shows—(a) the total number of ballot papers issued by the polling station;(b) the number of unused ballot papers;(c) the number of spoilt ballot papers; and(d) the number of tendered ballot papers.(8 of 2025 s. 30) Part 4 Counting of Votes: Subsector Elections (Format changes—E.R. 1 of 2020) 63. Returning Officer to give notice of time and place of counting of votes to candidates (1) Subject to subsection (6), the Returning Officer is to determine the time at which the counting of the votes in respect of a subsector election is to begin.(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 that subsector was conducted.(3) The Returning Officer must give notice in writing to each candidate for a subsector of the time determined for the counting of the votes for that subsector to begin and the place at which the counting is to take place.(4) Notice under subsection (3) must be given at least 10 days before polling day. (L.N. 114 of 2006; 15 of 2016 s. 63)(5) If the poll for a subsector is adjourned under Schedule 1, the counting of the votes for that subsector is to stand postponed.(6) If the counting of votes stands postponed under subsection (5), the Chief Electoral Officer is to determine a time for the counting to begin and the place at which it is to take place. The time must be after the adjourned poll for the subsector is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate for the relevant subsector of the time and place.(7) A notice required to be given to a candidate under this section may be given to the election agent or counting agent of the candidate instead of to the candidate. 64. Candidates may appoint counting agents (1) A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the subsector contested by the candidate, in accordance with this section.(2) The Commission is to 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) A candidate must give notice of appointment of counting agent to the Returning Officer.(5) A notice of appointment must be given to the Returning Officer—(a) at least 7 days before polling day; or (L.N. 114 of 2006; 15 of 2016 s. 41)(b) on polling day.(5A) A notice of appointment given under subsection (5)(a) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 41)(6) If notice of appointment is given on polling day, it must be delivered to the Returning Officer—(a) by the candidate in person; or(b) by the election agent of the candidate, in person.(7) The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer.(8) A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and address of the counting agent. It must be signed by the candidate.(9) If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer in accordance with subsection (10A) or (11). (15 of 2016 s. 41)(10) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate.(10A) 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. (15 of 2016 s. 41)(11) If notice of revocation is given on polling day, it must be delivered to the Returning Officer by the candidate, or the election agent of the candidate, in person. (15 of 2016 s. 41)(12) The revocation of the appointment of a counting agent is not effective until notice of the revocation is received by the Returning Officer. 65. Chief Electoral Officer to appoint or remove counting officers (L.N. 114 of 2006)(1) The Chief Electoral Officer may appoint, as counting officers, persons that Officer considers suitable to assist a Returning Officer in the counting of votes.(2) The Chief Electoral Officer must supply to each Returning Officer a list of the counting officers appointed to assist the Returning Officer.(3) The Chief Electoral Officer must display the list of counting officers in a prominent place within the relevant counting station or stations.(4) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of a counting officer. (L.N. 114 of 2006; L.N. 176 of 2006) 66. Who may be present at counting of votes (1) Subject to subsections (2) and (6), only the Chief Returning Officer (Subsectors), Returning Officer, Assistant Returning Officer and the following persons may be present at the counting of votes—(a) counting officers;(b) candidates;(c) election agents and counting agents;(d) members of the Commission;(e) the Chief Electoral Officer;(f) police officers on duty at the counting station;(g) members of the Civil Aid Service on duty at the counting station;(h) public officers authorized in writing by the Chief Electoral Officer; and(i) persons authorized in writing by a member of the Commission.(2) No other person may be present at the counting of votes except with the permission of—(a) if the counting takes place at a counting zone of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of the counting zone; or(b) if the counting takes place at a counting zone of a counting station that is not a central counting station, the Returning Officer who supervises the counting station.(3) The Chief Returning Officer (Subsectors), and the Returning Officer in charge of the counting zone, are to ensure that the arrangements for the counting of votes at a counting zone of a central counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.(4) The Returning Officer who supervises a counting station is to ensure that the arrangements for the counting of votes at a counting zone of the counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.(5) Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of votes at the counting zone. On arriving at the counting station, an election agent or counting agent must report in person to the Returning Officer and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her. (L.N. 75 of 2011)(6) The Chief Returning Officer (Subsectors) (in the case of a central counting station), or the Returning Officer who supervises the counting station (in the case of a counting station that is not a central counting station), may, if that Officer considers it appropriate and practicable without disrupting the counting of votes and prejudicing the secrecy of the individual votes, permit members of the public to observe the counting of votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate. 67. What constitutes offence at counting station (1) A person who, during the relevant period, films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of—(a) (i) in the case of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of the counting zone; or(ii) in the case of a counting station that is not a central counting station, the Returning Officer who supervises the counting station; or(b) any member of the Commission,commits an offence.(2) In subsection (1), relevant period (有關期間) means, in relation to a counting zone, the period commencing from the time, determined under section 63, at which the counting of votes is to begin at the zone and ending upon the completion of the counting and re-count, if any, at the zone.(3) A person who, at or in the vicinity of a counting station, behaves in a disorderly manner, or fails to comply with a lawful order given by—(a) in the case of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of a counting zone of the central counting station; or(b) in the case of a counting station that is not a central counting station, the Returning Officer who supervises the counting station,commits an offence.(4) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 3 months. 68. Returning Officers to keep order at counting station (1) The Chief Returning Officer (Subsectors), and the Returning Officers in charge of a counting zone of a central counting station, must keep order at the central counting station.(2) The Returning Officer who supervises a counting station must keep order at the counting station.(3) If a person—(a) misconducts himself or herself at or in the vicinity of—(i) a central counting station, the Chief Returning Officer (Subsectors) may; or(ii) a counting station that is not a central counting station, the Returning Officer who supervises the counting station may;(b) at or in the vicinity of a counting station, fails to obey a lawful order of the Returning Officer—(i) who supervises the counting station; or(ii) in charge of a counting zone of the counting station,that Officer may,order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately.(4) The Chief Returning Officer (Subsectors) or the Returning Officer who supervises a counting station may order a person to leave the counting station immediately if that Officer reasonably considers that, having regard to the conduct of the person, the person’s presence at the counting station is for a purpose other than that for which such presence is permitted or authorized.(5) If a person fails to leave when ordered to do so under subsection (3) or (4), the person may be removed by a police officer or by a person authorized in writing by the Chief Returning Officer (Subsectors) or the Returning Officer, as may be appropriate.(6) A person who is removed under subsection (5) may not enter the relevant counting station again on that day unless the Officer who ordered his or her removal permits him or her to do so.(7) For the purpose of subsection (3) but without limiting it, a person misconducts himself or herself if the person disrupts the counting of votes at the counting station, or disturbs or causes inconvenience to any person in the counting station. 69. Ballot boxes to be delivered to counting station A Presiding Officer must deliver or arrange to be delivered to the counting station designated for the counting of the votes cast at the subsector election concerned, the ballot boxes from that Officer’s polling station, the sealed packets under section 61 and the ballot paper account prepared by that Officer.(8 of 2025 s. 31) 70. Supervision of counting station and separate counting zones (1) The Chief Returning Officer (Subsectors) is to supervise the central counting station. In a central counting station, the respective Returning Officers for the subsectors are to be in charge of the counting zone for the relevant subsector.(2) A counting station that is not a central counting station and is designated for the counting of the votes for a subsector election, is to be supervised by the Returning Officer for the subsector.(3) The Chief Returning Officer (Subsectors) and the Returning Officer are to be assisted by one or more Assistant Returning Officers. 71. Delivered ballot boxes and ballot paper accounts to be given into charge of relevant Returning Officer (1) After delivery to a central counting station—(a) the ballot boxes and ballot paper accounts from a polling station are to be given into the charge of the Returning Officer specified for the purpose by the Chief Electoral Officer; and(b) the sealed packets under section 61 are to be given into the charge of the Chief Returning Officer (Subsectors).(2) If the Chief Returning Officer (Subsectors) considers that the arrangements described in subsection (1) are not practicable, that Officer may modify them.(3) The ballot boxes, the ballot paper accounts and the sealed packets under section 61 delivered to a counting station that is not a central counting station are to be given into the charge of the Returning Officer who supervises the counting station. 72. Returning Officer to open ballot box (1) A Returning Officer into whose charge a ballot box is given must, at the counting zone of which that Officer is in charge, open it by breaking the seal. That Officer must do so in the presence of the candidates, their election agents or counting agents, if present at the counting zone.(2) The Returning Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper taken from the ballot box, if so requested by the candidate or agent before the paper is disposed of. A candidate or an election agent or a counting agent must not be permitted under this subsection to inspect a ballot paper. 73. Arrangements for counting of votes and verification of number of ballot papers in manual counting (14 of 2021 s. 212)(1) This section applies where the votes cast for the candidates at the subsector election concerned are to be counted without the use of a computer.(2) At a central counting station, the Returning Officer must—(a) in relation to the ballot papers in the ballot boxes that have been given into that Officer’s charge under section 71, at the counting zone of which that Officer is in charge—(i) arrange for the ballot papers to be sorted according to each subsector;(ii) arrange for the number of ballot papers to be counted and recorded for each subsector;(iii) verify the total number of ballot papers recorded for all subsectors under subparagraph (ii) by comparing it with the ballot paper account for that polling station; (8 of 2025 s. 32)(iv) prepare a statement in writing as to the result of the verification;(v) retain the ballot papers for the subsector for which that Officer is appointed together with the verification of number of ballot papers and the relevant records prepared under subparagraph (ii); (14 of 2021 s. 212; 8 of 2025 s. 32)(vi) make into separate bundles the other sorted ballot papers together with the relevant records prepared under subparagraph (ii), place each bundle in a separate receptacle and seal it in the presence of those present at the counting zone; and (14 of 2021 s. 212; 8 of 2025 s. 32)(vii) arrange for the Assistant Returning Officer in attendance at the counting zone to hand over the receptacles to the Returning Officer for the relevant subsector at the counting zone for that subsector; and(b) in relation to the ballot papers retained by that Officer under paragraph (a)(v) and those handed over to that Officer under paragraph (a)(vii), arrange for the votes recorded on the ballot papers to be counted, without the use of a computer, at the counting zone of which that Officer is in charge.(3) At a counting station that is not a central counting station, the Returning Officer must, in relation to the ballot papers in the ballot boxes that have been given into that Officer’s charge under section 71—(a) arrange for the number of ballot papers to be counted and recorded;(b) verify the number recorded under paragraph (a) by comparing it with the ballot paper account; (14 of 2021 s. 212)(c) prepare a statement in writing as to the result of the verification; and(d) arrange for the votes recorded on the ballot papers to be counted without the use of a computer.(4) In preparing the verification of number of ballot papers, if the Returning Officer considers it necessary or if required by a candidate present at the counting zone or an election agent or a counting agent so present, that Officer must compare the ballot paper accounts with— (14 of 2021 s. 212; 8 of 2025 s. 32)(a) the total number of ballot papers recorded for all subsectors under subsection (2)(a)(ii) or (3)(a), as the case may be; and (8 of 2025 s. 32)(b) the number of the counterfoils or un-issued ballot papers, the unused ballot papers and the spoilt ballot papers.(5) A candidate, an election agent or a counting agent may copy what is recorded on the ballot paper account or the verification of number of ballot papers. (14 of 2021 s. 212) 74. Arrangements for counting of votes and verification of number of ballot papers in computer counting (14 of 2021 s. 213)(1) This section applies where the votes cast for the candidates at the subsector election concerned are to be counted with the use of a computer.(2) At a central counting station, the Returning Officer must—(a) in relation to the ballot papers in the ballot boxes that have been given into that Officer’s charge under section 71, arrange for the votes recorded on the ballot papers to be counted with the use of a computer;(b) in relation to the ballot papers the votes recorded on which cannot be counted with the use of a computer, at the counting zone of which that Officer is in charge—(i) arrange for the ballot papers to be sorted according to each subsector;(ii) retain the ballot papers for the subsector for which that Officer is appointed;(iii) arrange for the number of the other sorted ballot papers to be counted and recorded for each of the other subsectors;(iv) prepare a statement in writing as to the number of ballot papers recorded for each of the other subsectors under subparagraph (iii);(v) make into separate bundles the other sorted ballot papers together with the relevant statement prepared under subparagraph (iv), place each bundle in a separate receptacle and seal it in the presence of those present at the counting zone; and(vi) arrange for the Assistant Returning Officer in attendance at the counting zone to hand over the receptacles to the Returning Officer for the relevant subsector at the counting zone for that subsector;(c) in relation to the ballot paper account that has been given into that Officer’s charge under section 71, retain the ballot paper account; and (8 of 2025 s. 33)(d) in relation to the ballot papers retained by that Officer under paragraph (b)(ii) and those handed over to that Officer under paragraph (b)(vi), arrange for the votes recorded on the ballot papers to be counted, without the use of a computer, at the counting zone of which that Officer is in charge.(3) At a counting station that is not a central counting station, the Returning Officer must—(a) in relation to the ballot papers in the ballot boxes that have been given into that Officer’s charge under section 71, arrange for the votes recorded on the ballot papers to be counted with the use of a computer; and(b) in relation to the ballot papers the votes recorded on which cannot be counted with the use of a computer, arrange for the votes recorded on the ballot papers to be counted without the use of a computer.(4) After the votes for a subsector election have been counted under subsection (2) or (3), the Chief Returning Officer (Subsectors) (in the case of a central counting station), or the Returning Officer who supervises the counting station (in the case of a counting station that is not a central counting station), must— (8 of 2025 s. 33)(a) ascertain the total number of ballot papers in the ballot boxes from— (8 of 2025 s. 33)(i) the result of the counting of votes; and(ii) the number of ballot papers that a Returning Officer decides under section 78 to be ballot papers the votes recorded on which are not to be counted; (8 of 2025 s. 33)(b) verify the number ascertained under paragraph (a) by comparing it with all ballot paper accounts received by the central counting station or the counting station that is not a central counting station, as the case may be; and (8 of 2025 s. 33)(c) prepare a statement in writing as to the result of the verification.(5) In preparing the verification of number of ballot papers, if the Officer concerned considers it necessary or if required by a candidate present at the counting zone or an election agent or a counting agent so present, that Officer must compare the ballot paper accounts with— (14 of 2021 s. 213; 8 of 2025 s. 33)(a) the total number of ballot papers ascertained under subsection (4)(a); and (8 of 2025 s. 33)(b) the number of the counterfoils or un-issued ballot papers, the unused ballot papers and the spoilt ballot papers.(6) A candidate, an election agent or a counting agent may copy what is recorded on the ballot paper account or the verification of number of ballot papers. (14 of 2021 s. 213) 74A. Invalid and questionable ballot papers In the course of counting in accordance with section 73(2) or (3), or 74(2) or (3)—(a) any ballot paper which—(i) appears to have any writing or mark by which the voter can possibly be identified;(ii) appears to be not marked in accordance with section 56(1) or (2);(iii) appears to be substantially mutilated; or(iv) appears to be void for uncertainty,is questionable and must be separated and forwarded to the Returning Officer to decide whether the vote is to be counted under section 78; and(b) any ballot paper described in section 77(1)(b), (c), (d), (f) and (ga) must be separated and the vote is not to be counted under section 77.(L.N. 114 of 2006; 1 of 2019 s. 54) 75. Votes to be counted in accordance with counting system in Schedule to Chief Executive Election Ordinance The votes recorded on the ballot papers are to be counted in accordance with the counting system described in section 29 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), whether with or without the use of a computer. 76. Result of counting of votes and re-count (1) After the votes for a subsector election have been counted under section 73 or 74, the Returning Officer must make known to the candidates who are present at the counting zone, the result of the counting of votes. If the candidates are not present the Returning Officer is to make known the result to the respective election agents or counting agents of the candidates, if those agents are present at the counting zone.(2) A candidate who is present when the votes are counted or re-counted or an election agent so present may request the Returning Officer to count again the counted votes or re-counted votes, as the case may be. That Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(3) After a counting of votes or re-count is completed, nothing further is to be done until each candidate present at the completion, or the election agent of each candidate (but not both) if present at the completion of the counting or re-count, is given a reasonable opportunity to make a request for a re-count. 77. Votes recorded on invalid ballot papers not to be counted (L.N. 75 of 2011)(1) When counting votes, a ballot paper of any of the following descriptions is not to be regarded as valid and the vote recorded on the ballot paper is not to be counted— (L.N. 114 of 2006; L.N. 176 of 2006; L.N. 75 of 2011)(a) on which there is writing or a mark by which the voter can possibly be identified; (L.N. 114 of 2006)(b) which has the words “重複” and “TENDERED” endorsed on the front of it;(c) which has the words “未用” and “UNUSED” endorsed on the front of it; (L.N. 75 of 2011)(d) which has the words “損壞” and “SPOILT” endorsed on the front of it;(e) which is substantially mutilated;(f) which is unmarked;(g) subject to subsection (2), which is not marked in accordance with section 56(1) or (2); (1 of 2019 s. 55)(ga) on which votes are recorded for a number of candidates exceeding—(i) for a subsector ordinary election—the number of EC members to be elected by the subsector concerned; or (14 of 2021 s. 214)(ii) for a subsector by-election—the number of EC members to be returned at the by-election; (1 of 2019 s. 55)(h) which the Returning Officer determines as being void for uncertainty.(2) In the case of a ballot paper referred to in subsection (1)(g) that is used for a subsector by-election in relation to which the Commission has made a direction under section 56(2), if the Returning Officer is satisfied that the intention of the voter or authorized representative is clear notwithstanding the deviation from the requirements in section 56(2)(b), that Officer may count the vote recorded on that ballot paper.(3) For the avoidance of doubt, it is declared that the Returning Officer is not to make a decision not to count the vote recorded on a ballot paper solely because the name of, and other information relating to, a candidate on the ballot paper are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2). (1 of 2019 s. 42; 8 of 2025 s. 34)(4) A candidate, an election agent or a counting agent—(a) may inspect a ballot paper referred to in subsection (1)(b), (c), (d), (f) or (ga); but (1 of 2019 s. 55)(b) is not entitled to make representations to the Returning Officer concerning the ballot paper. (L.N. 114 of 2006) 78. Returning Officer to make decisions on questionable ballot papers (1)-(2) (Repealed L.N. 114 of 2006)(3) If a ballot paper is forwarded to the Returning Officer under section 74A(a), a candidate, an election agent or a counting agent, if present at the counting of votes, may—(a) inspect the ballot paper; and(b) make representations to the Returning Officer concerning the ballot paper. (L.N. 114 of 2006)(4) After considering the representations, the Returning Officer must make a decision as to whether the vote recorded on the ballot paper is not to be counted under section 77 or is to be counted.(5) If the Returning Officer decides the vote recorded on a ballot paper is not to be counted, that Officer must endorse the words “不獲接納” and “rejected” on the front of the ballot paper. If a candidate, an election agent or a counting agent objects to the Returning Officer’s decision, that Officer must also add the words “反對此選票不獲接納” and “rejection objected to”. (L.N. 114 of 2006)(6) If a candidate, an election agent or a counting agent objects to the decision of the Returning Officer to count the vote recorded on a ballot paper, that Officer must endorse the words “反對此選票獲接納” and “acceptance objected to” on that ballot paper. (L.N. 114 of 2006)(7) (Repealed 1 of 2019 s. 56) 78A. Returning Officer to prepare ballot paper statement (1) The Returning Officer is to prepare a statement of the ballot papers that are not counted.(2) The statement is to be made under the following heads—(a) the ballot paper has on it any writing or mark by which the voter can possibly be identified;(b) the ballot paper is endorsed with the words “TENDERED” and “重複”;(c) the ballot paper is endorsed with the words “UNUSED” and “未用”;(d) the ballot paper is endorsed with the words “SPOILT” and “損壞”;(e) the ballot paper is substantially mutilated;(f) the ballot paper is unmarked;(g) the ballot paper is not marked in accordance with section 56(1) or (2);(h) the ballot paper is one on which votes are recorded for a number of candidates exceeding—(i) for a subsector ordinary election—the number of EC members to be elected by the subsector concerned; or (14 of 2021 s. 215)(ii) for a subsector by-election—the number of EC members to be returned at the by-election;(i) the ballot paper is void for uncertainty.(1 of 2019 s. 57) 79. Returning Officer’s decision on ballot paper to be final Subject to section 39 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the decision of the Returning Officer on a ballot paper is final. 80. Returning Officer to declare subsector election result (1) When the counting of votes and re-counts, if any, are completed and the result of the subsector election determined, the Returning Officer is to declare as elected the candidates who were successful at the subsector election, as provided in section 29(7) of the Schedule to the Chief Executive Election Ordinance (Cap. 569).(1A) Subsection (2) applies if, before the Returning Officer declares a candidate to be elected—(a) proof is given to the satisfaction of the Officer that the candidate has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that the candidate is disqualified from being elected. (14 of 2021 s. 216)(2) In the circumstances mentioned in subsection (1A)(a) or (b), the Returning Officer— (14 of 2021 s. 216)(a) must not declare that candidate to be elected; and(b) must—(i) declare the candidate to be returned for the subsector under section 29(9) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to be elected; or(ii) if there is no candidate who can be returned under that section, declare that no candidate is returned at the subsector election, as provided in section 26(2)(c) of that Schedule, or that the number of EC members returned at the subsector election for the subsector is less than the number of EC members to be returned at the subsector election, as provided in section 26(2)(d) of that Schedule.(3) A declaration under section 26(2)(c) or (d) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be made by the Returning Officer by a notice. The notice must be displayed in a prominent place outside the counting station. As soon as practicable after the declaration is made, the notice must be published in the Gazette. 81. Form in which Returning Officer is to publish result of subsector election (1) The notice to be published under section 35(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) for a subsector election is to be in Form 3 in Schedule 2.(1A) (Repealed 14 of 2021 s. 217)(2) A notice under subsection (1) must be published in the Gazette within 7 days after the date on which the relevant result is declared under section 80. (L.N. 75 of 2011; 14 of 2021 s. 217)(3) The Returning Officer is to prepare a notice of the result of the subsector election in the appropriate form under this section and display it prominently in a place outside the counting station.(4) The Returning Officer is to send a copy of each notice prepared under subsection (3) to—(a) the Chairman;(b) the Secretary for Constitutional and Mainland Affairs; and (L.N. 130 of 2007)(c) the Chief Electoral Officer. Editorial Note: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. Part 5 Disposal of Documents: Subsector Elections (Format changes—E.R. 1 of 2020) 82. Returning Officer to seal ballot papers in packets (1) At a central counting station, the Chief Returning Officer (Subsectors) must, as soon as practicable after the results of the polls for all the subsectors concerned have been ascertained, make up into separate sealed packets in relation to those subsectors—(a) the ballot papers the votes recorded on which are counted;(b) the un-issued ballot papers;(c) the unused ballot papers;(d) the spoilt ballot papers; and(e) the rejected ballot papers.(2) At a counting station that is not a central counting station, the Returning Officer must, as soon as practicable after having ascertained the result of the poll for the subsector for which that Officer is appointed, make up into separate sealed packets in relation to that subsector—(a) the ballot papers the votes recorded on which are counted;(b) the un-issued ballot papers;(c) the unused ballot papers;(d) the spoilt ballot papers; and(e) the rejected ballot papers.(3) The Chief Returning Officer (Subsectors) or the Returning Officer must endorse on each sealed packet a description of its contents, the date of the relevant subsector election and the name of the subsector.(4) A candidate or an election agent or a counting agent may be present when the Chief Returning Officer (Subsectors) or the Returning Officer makes up the sealed packets and endorses them.(5) Before the Chief Returning Officer (Subsectors) or the Returning Officer makes up the packets, that Officer must inform—(a) the candidates who are present at the counting station; and(b) either the election agent or counting agent (if present) of a candidate who is not present at the counting station,that they may be present when that Officer makes up the packets and seals and endorses them. 83. Returning Officer to send ballot papers, accounts, packets, etc. to Chief Electoral Officer (1) As soon as practicable after preparing the notice of the result of the subsector election, the Returning Officer must send to the Chief Electoral Officer—(a) the ballot paper accounts and verification of number of ballot papers; (14 of 2021 s. 218)(b) the statement referred to in section 78A(1); (1 of 2019 s. 58)(c) subject to subsection (2), the sealed packets made up under section 82;(d) a copy of the notice of the result of the subsector election;(e) all nomination forms;(f) notices of withdrawal of candidature, if any;(g) notices of appointment of election agents, polling agents and counting agents and copies of authorizations of election expense agents; (14 of 2021 s. 218)(ga) if the copy of the subsector final register has been marked under section 53(5)(a)—the marked copy; and (14 of 2021 s. 218)(h) any other document relating to the subsector election specified by the Commission.(2) At a central counting station where the votes are counted with the use of a computer, the sealed packets made up under section 82 are to be sent by the Chief Returning Officer (Subsectors) to the Chief Electoral Officer as soon as practicable after they have been made up. 84. Ballot paper in custody of Chief Electoral Officer may be inspected only on court order The Chief Electoral Officer is not to permit any person to inspect any ballot paper in that Officer’s custody other than on an order made by a Revising Officer in an appeal under section 39 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or on an order of court made in criminal proceedings. 85. Chief Electoral Officer to retain subsector election documents for at least 6 months The Chief Electoral Officer must retain in that Officer’s custody the documents sent to that Officer under section 83 and the copies or extracts of the subsector final register in which records have been made under section 53(5)(b) for at least 6 months from the date of the subsector election to which they relate. That Officer must thereafter, unless directed by an order of the Revising Officer in an appeal under section 39 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or by an order of court made in criminal proceedings, destroy them.(14 of 2021 s. 219) Part 6 Miscellaneous and Supplemental Provisions: Subsector Elections (Format changes—E.R. 2 of 2012) 86. Returning Officers, Presiding Officers, polling officers or counting officers not to act as agent of candidate in same subsector election (1) A Returning Officer, Presiding Officer, polling officer or counting officer who, in relation to the subsector election for which he or she is appointed, acts as an election agent, a polling agent, a counting agent or an election expense agent, commits an offence.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months. 87. Employees of candidates not to act as electoral officers (1) A person who, while in the employment of a candidate, acts as a Returning Officer, Presiding Officer, polling officer or counting officer at a subsector election for which the candidate stands for election, commits an offence.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months. 87A. Certain visitors of voters or authorized representatives in custody not to canvass for votes (1) If—(a) a person (visitor) visits in a certain capacity a voter in custody or an authorized representative 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 voter or authorized representative for that purpose, the visitor commits an offence if he or she, during the visit, canvasses for votes for the purpose of an election.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months.(L.N. 132 of 2009) 88. Presiding Officer may perform functions through polling officers (1) A Presiding Officer may perform any act which that Officer is required or authorized to perform under this Regulation through a polling officer.(2) The power to adjourn a poll under section 2(1) of Schedule 1 must be exercised by the Presiding Officer personally. 89. Returning Officer may perform functions through Assistant Returning Officers (1) A Returning Officer may perform any act which that Officer is required or authorized to perform under this Regulation through an Assistant Returning Officer appointed for the subsector for which the Returning Officer is appointed.(2) A Returning Officer may not delegate under subsection (1)—(a) (Repealed 14 of 2021 s. 220)(b) a decision regarding a ballot paper; or(c) the declaration of the result of the subsector election. 90. Chief Electoral Officer to be subject to direction of Commission (1) The Chief Electoral Officer is subject to the directions of the Commission in the performance of that Officer’s functions under this Regulation.(2) The Chief Electoral Officer may delegate that Officer’s powers, duties or functions under this Regulation to a member of the staff provided under section 9(3) of the Ordinance. 91. Acts done in absence of candidates or agents not to be invalid Where under this Regulation, an act or thing is required or authorized to be done in the presence of a candidate or all the candidates, the election agent, the polling agent or the counting agent of the candidate, that act or thing is not to be invalidated solely for the reason that such person or persons were not present as required or authorized. 92. Electoral officers, candidates and agents to make declaration of secrecy (1) Every electoral officer (within the meaning of paragraph (d), (e), (g) or (h) of the definition of electoral officer in section 2(1) of the Chief Executive Election Ordinance (Cap. 569)), every person (other than such an electoral officer) who is appointed under that Ordinance or the Ordinance to perform functions at or in connection with a subsector election, or every person authorized by or under this Regulation to attend at a polling station except as a voter or an authorized representative must, before entering the polling station, make a declaration of secrecy on the specified form.(2) Every candidate, election agent, counting agent or counting officer or other person (except as a member of the public under section 66(6)) authorized by or under this Regulation to attend at the counting of votes must, before entering the counting station, make a declaration of secrecy on the specified form. (L.N. 114 of 2006)(3) The Returning Officer is to make the declaration in the presence of a Commissioner for Oaths. Any other person may make the declaration in the presence of the Returning Officer, a Commissioner for Oaths, a member of the Commission, the Chief Electoral Officer or a person whose official designation is that of a deputy to the Chief Electoral Officer.(4) Every Returning Officer or other officer or any other person attending at a polling station or the counting of votes must maintain and assist in maintaining the secrecy of the ballot.(5) Subsections (1) and (2) do not apply to a police officer, an officer of the Correctional Services Department, an officer of any law enforcement agency or a member of the Civil Aid Service on duty at a polling station or a counting station. (L.N. 132 of 2009) 93. Enforcement of provisions as to secrecy (1) A person who divulges to any other person, by communicating information as to the name or identity document number in a register of voters, or otherwise, whether a person has or has not applied for a ballot paper or voted, commits an offence.(1A) A person who divulges to any other person the identity of a voter in custody commits an offence. (L.N. 132 of 2009)(2) Subsections (1) and (1A) do not apply to anything done for a purpose authorized by law or when required to do so by a police officer or an officer of the Independent Commission Against Corruption investigating an offence under the Ordinance, any regulation made under the Ordinance, the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap. 201) or section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204). (L.N. 132 of 2009)(3) A person who communicates to any other person any information obtained at a counting of votes as to the candidate for whom a vote has been given on any particular ballot paper, commits an offence.(4) A person who interferes with a voter when the voter is recording the vote, commits an offence.(5) A person who interferes with or attempts to interfere with any ballot boxes, un-issued ballot papers, tendered ballot papers, unused ballot papers, spoilt ballot papers, marked ballot papers or a copy of the subsector final register in printed form marked under section 53(5)(a), commits an offence. (14 of 2021 s. 221)(6) A person who interferes with or attempts to interfere with any opened ballot boxes, ballot paper accounts, verifications of number of ballot papers or any other relevant subsector election materials referred to in this Regulation, commits an offence. (14 of 2021 s. 221)(7) A person who obtains or attempts to obtain in any manner—(a) within a polling station or a no staying zone; or(b) within a no canvassing zone, without the express permission of the Presiding Officer or the Commission, information as to the candidate for whom a voter in the polling station is about to vote or has voted, commits an offence.(8) A person who communicates at any time to any person any information obtained in a polling station as to the candidate for whom a voter is about to vote or has voted, commits an offence.(9) A person who directly or indirectly induces a voter to display the voter’s ballot paper after the voter has marked it so as to make known to any person a candidate for or against whom the voter has voted, commits an offence.(10) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 114 of 2006)(11) In this section, voter (投票人) includes an authorized representative. 94. Procedure in case of death or disqualification of candidate on polling day but before declaration of result (1) If, on or after the date of a subsector election but before the declaration of the result of the subsector election—(a) proof is given to the satisfaction of the Returning Officer that a candidate for the subsector election has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a candidate for the subsector election is disqualified from being elected,the Returning Officer must direct that the proceedings for the subsector election are to begin or to continue, as the case may be, as if the death or disqualification had not occurred. (14 of 2021 s. 222)(2) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the subsector election, section 80(2) applies.(3) If the deceased or disqualified candidate is not successful at the subsector election, the Returning Officer must declare the successful candidate to be elected as provided in section 80(1). 95. Publication and display of notices, etc. (1) The Returning Officer or the Presiding Officer may publish or display a notice, determination, or other writing under this Regulation in a manner that Officer thinks fit except where specific provision is made for the publication or display in this Regulation. (L.N. 114 of 2006)(2) The following notices or notifications may be delivered by hand, by post, by electronic mail or by facsimile transmission— (15 of 2016 s. 42)(a) notice of the decision of the Candidate Eligibility Review Committee as to whether a person is validly nominated as a candidate; (14 of 2021 s. 223)(b) notice of a declaration that a candidate has died or that the decision of the Candidate Eligibility Review Committee has been varied to the effect that a candidate is not validly nominated; (14 of 2021 s. 223)(c) (Repealed 15 of 2016 s. 42)(d) notice to Returning Officers and to candidates of the determination of a no canvassing zone and a no staying zone;(e) notice to Returning Officers and to candidates of the variation before polling day of a no canvassing zone or a no staying zone;(f) notice to candidates of the arrangements for the drawing of lots to determine the order of appearance of candidates on the ballot papers; and (g)-(h) (Repealed 15 of 2016 s.

42)(i) notice to candidates of the time and place for the counting of votes.(3) Notice of variation of a no canvassing zone or a no staying zone on the polling day or notice of the resumption of the counting of votes after an adjourned poll or counting may be given orally if notice by hand, by post, by electronic mail or by facsimile transmission is not practicable or is not suitable in the circumstances. (15 of 2016 s. 42) 96. Commission to designate Chief Returning Officer (Subsectors) The Commission may designate a Returning Officer as the Chief Returning Officer (Subsectors). 96A. Election return to be lodged in specified form The election return required to be lodged under section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in respect of an ordinary election or a by-election must be in the specified form (if any).(L.N. 75 of 2011) 97. Commission to specify forms (1) The Commission may specify forms for the purpose of this Regulation.(2) The Chief Electoral Officer is to make available during ordinary business hours at that Officer’s office and at the office of each Returning Officer, the forms specified under subsection (1).(3) The Chief Electoral Officer may make the forms specified under subsection (1) available at any other place that Officer considers appropriate.(4) Forms specified under subsection (1) are to be made available free of charge.(5) Subsections (2), (3) and (4) do not apply to the specified forms for the subsector election notices, notice published under section 18 or 19, notification by the Chief Electoral Officer of the particulars of election agents, notice of guidance to voters referred to in section 39, ballot papers, ballot paper account or notice of the subsector election result.(6) The Commission may specify forms for notifications by the Returning Officer under the Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap. 569 sub. leg. C). 98. Reporting of irregularities (1) If the Chief Electoral Officer, Returning Officer or Presiding Officer is of the opinion that an irregularity has occurred in relation to a subsector election, a poll or a counting of votes, the relevant Officer must make a report in writing to the Commission.(2) A report of an irregularity must be made as soon as practicable after the relevant Officer becomes aware of it, but it must in any case be made within 14 days after the polling day of the subsector election to which it relates.(3) If it appears to an Officer referred to in subsection (1) that an occurrence which that Officer considers to be a material irregularity has taken place or is likely to take place in relation to a subsector election, that Officer must make a report to the Commission immediately in a manner that Officer considers expedient in the circumstances.(4) If a report is made under subsection (3) otherwise than in writing, the Officer concerned must make a report also in writing as soon as practicable, and in any event within 30 days after the polling day of the relevant subsector election. 99. Letters that may be sent free of postage by candidates (1) A letter that may be sent free of postage by or on behalf of a candidate under section 38(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) must—(a) be posted in Hong Kong;(b) subject to section 38(2A) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), contain materials relating only to the candidate’s candidature at the subsector election concerned; (18 of 2011 s. 37)(c) not exceed 50 g in weight; (11 of 2019 s. 22)(d) be not larger than 165 mm × 245 mm and not smaller than 90 mm × 140 mm in size; and (11 of 2019 s. 22)(e) not exceed 5 mm in thickness at any part of the letter. (11 of 2019 s. 22)(2) If letters are sent, in a bulk mailing, free of postage by or on behalf of a candidate under section 38(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the candidate or any person authorized by the candidate must provide the Postmaster General with—(a) a specimen of the materials contained in that bulk mailing; and(b) a declaration, in the specified form, signed by the candidate or the person and stating that the materials contained in that bulk mailing are identical with the specimen provided to the Postmaster General.(3) If, in relation to any letters sent, in a bulk mailing, free of postage by or on behalf of a candidate under section 38(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569)—(a) any letter in that bulk mailing does not comply with subsection (1); or(b) a declaration under subsection (2)(b) is false in any particular,the candidate is liable for payment of postage for all the letters in that bulk mailing. 100. (Repealed 11 of 2012 s. 13) 101. Offence of false declaration (1) A person who, in an election related document, makes a statement which that person knows to be false in a material particular or recklessly makes a statement which is incorrect in a material particular or knowingly omits a material particular from an election related document, commits an offence.(2) A person who directly or indirectly by himself or herself or another person on his or her behalf conspires with, incites, compels, induces, coerces, intimidates or persuades another person to make a false statement in an election related document or to provide information which that person knows to be wrong in a material particular in an election related document, commits an offence.(3) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months.(4) An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of section 14 of, and sections 9 and 18 of the Schedule to, the Chief Executive Election Ordinance (Cap. 569). (15 of 2016 s. 69)(5) In this section, election related document (與選舉有關的文件) means a form, declaration, application, authorization, notice, statement or a nomination form required or used for the purposes of this Regulation. 102. (Omitted as spent—E.R. 2 of 2012) 103. (Omitted as spent—E.R. 2 of 2012) 104. (Omitted as spent—E.R. 2 of 2012) 105. (Omitted as spent—E.R. 2 of 2012) 106. (Omitted as spent—E.R. 2 of 2012) Part 7 Election Advertisements (Part 7 added 11 of 2012 s. 14) 107. Interpretation (Part 7) (1) In this Part—Court (法院) means the Court of First Instance;election period (選舉期), in relation to an election, means the period—(a) beginning on the first day of the nomination period; and(b) ending on—(i) the day on which a declaration is made under section 19 or 22; 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 subsector, any reference in this Part to a Returning Officer is to be construed as a reference to the Chief Electoral Officer.(4) A document published by a candidate during an election period that gives details of the work done by the candidate in the capacity of—(a) the Chief Executive;(ab) an EC member; (14 of 2021 s. 224)(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. 108. 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 Chief Electoral Officer or a person authorized by the Chief Electoral Officer (Central Platform) in the manner and within the time specified by the Commission;(b) make an electronic copy of the advertisement, information, permission or consent available for inspection on an open platform maintained by the candidate or a person authorized by the candidate (Candidate’s Platform) in the manner and within the time specified by the Commission until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) and provide information about the Candidate’s Platform required by the Commission in the manner and within the time specified by the Commission; or(c) if the Commission considers that it is technically impracticable to make available for inspection on the Central Platform or a Candidate’s Platform an election advertisement published through the Internet by means of an open platform, provide a hyperlink to that open platform on the Central Platform or Candidate’s Platform in the manner and within the time specified by the Commission.(3) A candidate must provide, in the manner and within the time specified by the Commission, to the Returning Officer—(a) the information and 2 copies of the advertisement in paper form or any other form specified by the Commission; and(b) a hard copy of the permission or consent.(4) A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—(a) the name and address of the printer;(b) the date on which it was printed; and(c) the number of copies printed.(5) Subsection (4) does not apply to an election advertisement that is printed in a newspaper registered under section 7 of the Registration of Local Newspapers Ordinance (Cap. 268).(6) Subsection (4) does not apply to the publication of a printed election advertisement if, not later than 7 days after the advertisement is published, the publisher, or a person authorized by the publisher, has provided to the Returning Officer a statutory declaration that states—(a) the name and address of the printer;(b) the date on which it was printed; and(c) the number of copies printed.(7) The Returning Officer must make available for public inspection a copy of each of any advertisement, information, permission, consent or statutory declaration provided under subsection (3) or (6) from when it is provided until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).(8) The Chief Electoral Officer must publicize any platform maintained under subsection (2)(a) and ensure that the platform is maintained until the end of the period for which copies of election returns are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).(9) A person who fails to comply with subsection (1) or (4) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. 109. Court may grant relief for election advertisements (1) A person who publishes an election advertisement without complying with section 108(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 108, 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 108(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 108(9) if the non-compliance by the applicant with section 108(1)(a) or (4) is the subject of an order made under subsection (2). 110. 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 108 has not been complied with. 111. 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 108. Part 8 Electronic Copy or Extract of Subsector Final Register for Purposes of Section 53(5)(b) (Part 8 added 14 of 2021 s. 225) 112. Interpretation (Part 8) 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 subsector final register, or of part of the subsector final register, created and maintained under section 113;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. 113. FR electronic copy or extract (1) The Commission may, for the purposes of section 53(5)(b), create and maintain an electronic copy or extract of the subsector final register, or of part of the subsector 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 voters and authorized representatives and such additional particulars or information that the Chief Electoral Officer thinks fit to include. 114. 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 53(5)(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. 115. Commission may authorize access to FR electronic copy or extract (1) A member of the Commission may, for the purposes of section 114(2)—(a) grant an authorization to an individual; and(b) determine the terms of the authorization.(2) An authorization granted to an individual under subsection (1) must—(a) be in writing;(b) specify the name and appropriate identification details of the individual; and(c) set out the terms of the authorization. Schedule 1 [ss. 1A, 63 & 88] (15 of 2016 s. 20)Postponement and Adjournment of Subsector Elections (Format changes—E.R. 1 of 2020) 1. Postponement of subsector election and adjournment of poll or counting of votes in respect of subsector election (1) If, during or before a subsector election, it appears to the Commission that the subsector election is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may postpone the subsector election by making a declaration under section 3.(2) If, at any time during the poll or the counting of votes in respect of a subsector election, it appears to the Commission that the poll at all the polling stations, or the counting of votes at all the counting stations, for the subsector concerned is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may adjourn the poll at all the polling stations, or the counting of votes at all the counting stations, for that subsector by making a declaration under section 3.(3) The occurrences for the purposes of subsections (1) and (2) are—(a) a typhoon or other climatic condition of a serious nature;(b) riot, open violence or any danger to public health or safety; or (15 of 2016 s. 51)(c) an occurrence which appears to the Commission to be a material irregularity relating to the subsector election, the poll or the counting of votes. 2. Adjournment of poll at particular polling station (1) If, at any time during a poll in respect of a subsector election, it appears to the Presiding Officer that the poll at the polling station is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (2), the Presiding Officer may adjourn the poll at that polling station by making a declaration under section 3.(2) The occurrences for the purposes of subsection (1) are—(a) a typhoon or other climatic condition of a serious nature;(b) riot, open violence or any danger to public health or safety; or (15 of 2016 s. 52)(c) an occurrence which appears to the Presiding Officer to be a material irregularity relating to the subsector election or the poll. 3. How declaration for purposes of sections 1 and 2 is to be made and what it is to contain (1) A declaration for the purposes of sections 1 and 2 is to be made by a notice published in the Gazette. If publication in the Gazette is not practicable in the circumstances, the notice may be published by other means determined by the Commission.(2) The declaration must contain the following as may be appropriate in each case—(a) a description (by name or otherwise) of the subsector election that is being postponed or in respect of which the poll or the counting of votes is being adjourned;(b) the fact that the subsector election is being postponed;(c) the fact that the poll or the counting of votes is being adjourned;(d) a statement as to whether the poll or the counting of votes is being adjourned at all the polling stations or counting stations;(e) a statement as to whether the poll or the counting of votes is being adjourned at a single polling station or counting station or certain polling stations or counting stations; and(f) a description (by name or otherwise) of the polling stations or counting stations at which the poll or the counting of votes is being adjourned. 4. Procedure after adjournment of poll (1) If a poll is adjourned under this Schedule or section 24 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the procedure specified in this section is to be complied with.(2) The Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, secure the ballot boxes and their contents in a manner that Officer thinks fit. Then, without sorting, separating or counting the ballot papers or counting the votes, that Officer must deliver the secured ballot boxes together with any un-issued ballot papers, unused ballot papers or spoilt ballot papers, and the copy of the subsector final register that has been marked under section 53(5)(a) of this Regulation to the Returning Officer. (14 of 2021 s. 226)(3) If it is not practicable to make delivery to the Returning Officer, the Presiding Officer must deposit the secured ballot boxes, and the other materials referred to in subsection (2), in a safe place within the polling station. If there is no safe place within the polling station, that Officer must deposit them in a safe place within a police station or a public building close to the polling station. If there is no such police station or public building, that Officer must deposit them in a secure building (which may even be a residential building) close to the polling station. If there is no police station, public building or secure building close to the polling station, that Officer must deposit the ballot boxes and materials in a safe place within any other police station or public building or, in the absence of such a station or building, in a safe place in any other building (which may even be a residential building).(4) If the ballot boxes and other materials are delivered to the Returning Officer, that Officer must take such steps as determined by the Commission (generally or in a particular case) for the purpose of ensuring their safety and security. The Returning Officer must remain in charge of them and be responsible for their safety and security until polling in respect of the adjourned poll commences.(5) If a poll is adjourned under this Schedule or section 24 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), the polling hours appointed for the resumed poll must be such that the total time allowed for polling (that is the aggregate of the polling hours which had been spent at the time the poll was adjourned and the polling hours appointed for the resumed poll) is not less than the total time that would have been allowed for polling had the poll not been adjourned. 5. Procedure after adjournment of counting of votes (1) If the counting of votes is adjourned under this Schedule or section 24 of the Schedule to the Chief Executive Election Ordinance (Cap. 569), or if the counting of votes is adjourned due to the adjournment of a poll under this Schedule, the Returning Officer must comply with this section.(2) The Returning Officer must take steps to cease the counting of votes. Then, that Officer must in the presence of the persons, if any, who are present within the counting station, deposit the ballot boxes (whether opened or un-opened) and receptacles, if any, together with the ballot papers (whether the votes recorded on which are counted or not), any un-issued ballot papers, tendered ballot papers, ballot paper account, verification of number of ballot papers, and any other relevant subsector election materials, in a safe place within the counting station. If there is no safe place within the counting station, that Officer must deposit them in a safe place within a police station or a public building close to the counting station. If there is no such police station or public building, that Officer must deposit them in a secure building (which may even be a residential building) close to the counting station. If there is no police station, public building or secure building close to the counting station, that Officer must deposit the subsector election materials in a safe place within any other police station or public building or in the absence of such a station or building, in a safe place in any other building (which may even be a residential building). (14 of 2021 s. 226)(3) The subsector election materials must remain in the charge of the Returning Officer. That Officer is to be responsible for their safety and security until the adjourned counting is resumed under section 63(6) of this Regulation.(4) In this section, Returning Officer (選舉主任) means a Returning Officer specified by the Chief Electoral Officer for the purposes of this section. 6. Appointment of date by Commission for subsector election, polling or counting after postponement or adjournment (1) If a subsector election is postponed under this Schedule, the Commission is to, as soon as practicable after the postponement, appoint a date for holding a subsector election.(2) If the poll or the counting of votes is adjourned under this Schedule, the Commission is to, as soon as practicable after the adjournment, appoint a date for holding the poll or the counting of votes.(3) A date appointed under this section must not be later than 14 days after the date on which the postponed subsector election or the adjourned poll or counting would have been held. (15 of 2016 s. 53)(4) In each case referred to in sections 1 and 2, the Commission is to, in the relevant notice making the declaration, specify the date appointed under this section to hold the relevant subsector election, the poll or the counting of votes, as the case may require.(5) If it is not practicable to specify the date in the notice of declaration, the Commission is to specify it in a notice published in the Gazette soon after the publication of a notice of declaration. If such publication is not practicable in the circumstances, the date must be specified in a notice published by some other means the Commission considers appropriate. Schedule 2 [ss. 49 & 81]Form of Ballot Paper and Form of Notice of Result of Subsector Election (L.N. 75 of 2011)(Format changes—E.R. 1 of 2020) Form 1Ballot Paper for Subsector Election * Only the appropriate information will be printed.+ Address of the candidate to be included if required under section 49(7)(b).# The relevant number will be printed.(14 of 2021 s. 227) _ Form 2Ballot Paper for Subsector By-Election in relation to which Commission has Made Direction under Section 56(2) * Only the appropriate information will be printed.+ Address of the candidate to be included if required under section 49(7)(b).# The relevant number will be printed.(14 of 2021 s. 227) _ Form 3 Notice of Result of Subsector Election 《選舉管理委員會(選舉程序) (選舉委員會)規例》ELECTORAL AFFAIRS COMMISSION(ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION 選舉結果公告NOTICE OF RESULT OF ELECTION 選舉委員會界別分組一般選舉/補選*(界別分組名稱)ELECTION COMMITTEE SUBSECTOR ORDINARY ELECTION / BY-ELECTION*(Name of subsector) 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 候選人所得票數Number of Votes Given to the 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而在上述界別分組中當選 —It is hereby notified that the following candidate(s) *is/are declared to be elected for the above-mentioned subsector *pursuant to a result determined by drawing lots— (當選的候選人姓名)(Name(s) of Candidate(s) Elected) 日期：_Date: _ 上述界別分組的選舉主任Returning Officerfor the above-mentioned subsector * Only the appropriate information will be printed.(E.R. 1 of 2020; 14 of 2021 s. 227) _ Form 4(Repealed 14 of 2021 s. 227)