Cap. 541 sub. leg. D

Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation(Cap. 541, section 7)(Enacting provision omitted—E.R. 2 of 2012) [21 January 1998](Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. (Omitted as spent—E.R. 2 of 2012) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—authorized representative (獲授權代表) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);ballot paper account (選票結算表) means a statement prepared under section 64;ballot paper sorting station (選票分流站) means a place designated as a ballot paper sorting station under section 28; (L.N. 130 of 2009)by-election (補選) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);by-election notice (補選公告) means a notice published under section 8; candidate (候選人) means, subject to subsection (2)— (14 of 2021 s. 81) (a) in relation to a particular geographical constituency—a candidate who is validly nominated to be returned as a Member for that geographical constituency at a general election or by-election; (b) in relation to a particular functional constituency—a candidate who is validly nominated to be returned as a Member for that functional constituency at a general election or by-election; and (c) in relation to the Election Committee constituency—a candidate who is validly nominated to be returned as a Member for the Election Committee constituency at a general election or by-election; (14 of 2021 s. 81) 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. 81)central counting station (中央點票站) means a counting station designated under section 28(9)(a)(ii) in relation to a general election for counting the votes for functional constituencies and the Election Committee constituency; (L.N. 65 of 2000; L.N. 84 of 2004; 14 of 2021 s. 81)Chief Returning Officer (總選舉主任) means the Returning Officer designated as such under section 99(a);constituency (選區或界別) means a geographical constituency, a functional constituency or the Election Committee constituency; (14 of 2021 s. 81)counting agent (監察點票代理人) means a person appointed as a counting agent under section 66;counting of the votes (點票) includes, where appropriate, the separation, sorting and counting of ballot papers;counting officer (點票人員) means, in relation to a counting station, a person appointed under section 67 as a counting officer for that counting station;counting station (點票站) means a place designated as a counting station under section 28;counting zone (點票區) means an area within a counting station assigned by the Chief Returning Officer, the Returning Officer or the Presiding Officer, as may be appropriate, for the counting of the votes; (L.N. 84 of 2004; L.N. 130 of 2009)dedicated polling station (專用投票站) means a place designated as a dedicated polling station under section 28; (L.N. 130 of 2009)ECC ballot paper (選委會界別選票) means a ballot paper to vote for a candidate standing for election for the Election Committee constituency; (14 of 2021 s. 81)ECC polling station (選委會界別投票站) means a polling station assigned by the Chief Electoral Officer under section 30(1)(b) to conduct the polling for the Election Committee constituency; (14 of 2021 s. 81)election (選舉) means a general election or a by-election; election advertisement (選舉廣告), in relation to an election, means— (a) a publicly exhibited notice, leaflet, circular, bill, booklet, placard or poster; (b) a notice, leaflet, circular, bill, booklet, placard or poster delivered by hand or electronic transmission; (c) a public announcement made by radio or television or by video or cinematographic film; or (d) any other form of publication, published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election; (11 of 2012 s. 6) election agent (選舉代理人) means a person appointed as an election agent under section 23;Election Committee constituency (選舉委員會界別) has the meaning given by section 3(1) of the Legislative Council Ordinance (Cap. 542); (14 of 2021 s. 81)Election Committee final register (選舉委員會正式委員登記冊) means the final register of members of the Election Committee 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; (14 of 2021 s. 81)election expense agent (選舉開支代理人) has the meaning assigned to it by section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554); (L.N. 65 of 2000)election expenses (選舉開支) has the meaning assigned to it by section 2 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)(b) or (c) of that Ordinance; (10 of 2000 s. 47; L.N. 65 of 2000; 11 of 2012 s. 6) election notice (選舉公告) means— (14 of 2021 s. 81) (a) in relation to a geographical constituency—a notice published under section 4; (b) in relation to a functional constituency—a notice published under section 5; and (c) in relation to the Election Committee constituency—a notice published under section 6A; (14 of 2021 s. 81) elector (選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);emblem (標誌) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) FC ballot paper (功能界別選票) means a ballot paper to vote for a candidate standing for election for a functional constituency; (11 of 2012 s. 66; 14 of 2021 s. 81) final register (正式登記冊) means— (a) the geographical constituencies final register; (b) the functional constituencies final register; or (c) the Election Committee final register; (14 of 2021 s. 81) functional constituencies final register (功能界別正式選民登記冊) means the final register of electors for functional constituencies 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; (L.N. 200 of 2001)functional constituency (功能界別) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);GC ballot paper (地方選區選票) means a ballot paper to vote for a candidate standing for election for a geographical constituency;GC counting station (地方選區點票站) means a counting station designated under section 28(9)(a)(i) in relation to a general election for counting the votes for one geographical constituency; (L.N. 65 of 2000)GC elector (地方選區選民) means a person who is entitled to vote for a geographical constituency; (L.N. 147 of 1998)GC polling station (地方選區投票站) means a polling station assigned by the Chief Electoral Officer under section 30(1)(a) to conduct the polling for a particular geographical constituency; (L.N. 84 of 2004; 14 of 2021 s. 81)general election (換屆選舉) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);geographical constituencies final register (地方選區正式選民登記冊) means the final register of electors for geographical constituencies compiled under the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap. 541 sub. leg. A) and which is in effect; (L.N. 284 of 1999; 19 of 2023 s. 110)geographical constituency or GC (地方選區) means an area declared to be a geographical constituency under section 18(2)(a) of, or Schedule 6 to, the Legislative Council Ordinance (Cap. 542); (L.N. 84 of 2004; 14 of 2021 s. 81)head-dress (頭飾) means anything which is worn on a person’s head; (L.N. 84 of 2004)identity card (身分證) has the meaning assigned to it by section 1A of the Registration of Persons Ordinance (Cap. 177); (L.N. 147 of 1998)identity document (身分證明文件) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542); 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. 130 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. 130 of 2009) main counting station (大點票站) means a place designated as a main counting station under section 28; (L.N. 84 of 2004)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. 130 of 2009)Member (議員) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);no canvassing zone (禁止拉票區) means an area determined under section 40 to be an area in which canvassing of votes is prohibited;no staying zone (禁止逗留區) means an area determined under section 40 to be an area in which staying or loitering is prohibited;nomination form (提名表格) means a form referred to in section 10(1), 11(1) or 12A(1) (as applicable); (L.N. 73 of 2011; 14 of 2021 s. 81) nomination period (提名期) means— (14 of 2021 s. 81) (a) in relation to nominations for a geographical constituency—the period specified under section 4(2)(b); (b) in relation to nominations for a functional constituency—the period specified under section 5(2)(b); (c) in relation to nominations for the Election Committee constituency—the period specified under section 6A(2)(b); and (d) for a by-election for a constituency—the relevant period specified under section 8(7)(a); (14 of 2021 s. 81) Nominations Advisory Committee (提名顧問委員會) means a committee appointed under the Electoral Affairs Commission (Nominations Advisory Committees (Legislative Council)) Regulation (Cap. 541 sub. leg. C); (L.N. 115 of 1999) notice appointing the election day (指定選舉日公告) means, in relation to a general election, a notice by which a date is specified by the Chief Executive under the Legislative Council Ordinance (Cap. 542) to hold an election to return— (a) the Members to be returned for geographical constituencies; (b) the Members to be returned for functional constituencies; or (c) the Members to be returned for the Election Committee constituency; (14 of 2021 s. 81) notice of nominations (提名公告) means a notice published under section 21; (L.N. 84 of 2004; 11 of 2012 s. 43; 14 of 2021 s. 81) ordinary business hours (通常辦公時間) means the hours— (a) between 9 a.m. and 5 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday (other than a general holiday); and (b) between 9 a.m. and 12 noon on a Saturday (other than a general holiday) during the period between—(i) the date of publication of a notice under section 4(1), 5(1), 6A(1) or 8(1) in respect of an election; and (ii) the date of publication of the result of the election under the Legislative Council Ordinance (Cap. 542) or the date of the declaration of the failure of the election under that Ordinance, whichever is the later; (12 of 2014 s. 93; 14 of 2021 s. 81) 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 an 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;prescribed body (訂明團體) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007)prescribed person (訂明人士) has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007) Presiding Officer (投票站主任) means— (L.N. 130 of 2009) (a) in relation to a polling station, the person appointed under section 34(1) as the Presiding Officer for that polling station; (b) in relation to a ballot paper sorting station, the person appointed under section 66A(1) as the Presiding Officer for that ballot paper sorting station; (L.N. 130 of 2009) registered (登記), in the context of a registered emblem or a registered name, has the meaning assigned to it by section 2(1) of the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); (L.N. 84 of 2004; L.N. 47 of 2007)registered residential address (登記住址) means, in relation to a person, the address recorded in the particulars of that person in the geographical constituencies final register;Returning Officer (選舉主任) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542);small polling station (小投票站) means a place designated as a small polling station under section 28; (L.N. 84 of 2004)special polling station (特別投票站) means a polling station designated as such under section 29;specified address (指明地點) means, in relation to a geographical constituency, a functional constituency or the Election Committee constituency, the address specified in the relevant election notice or by-election notice as the address at which the nomination forms are to be submitted; (L.N. 84 of 2004; 14 of 2021 s. 81)specified form (指明表格、指明格式) means, in relation to a particular purpose of this Regulation, the form specified under section 100 for that purpose;spoilt ballot paper (損壞的選票) means a spoilt ballot paper within the meaning of section 62;tendered ballot paper (重複的選票) means a tendered ballot paper within the meaning of section 60;unused ballot paper (未用的選票) means an unused ballot paper within the meaning of section 61(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 16 to be validly nominated; (14 of 2021 s. 81) (b) in case a declaration under section 42B(2)(b) or (5)(b) of the Legislative Council Ordinance (Cap. 542) is made, a person who is stated to be validly nominated in the declaration; (L.N. 65 of 2000) verification of number of ballot papers (選票數目核實書) means a statement prepared under section 73B(1)(d), 73C(1)(d), 73D(1)(b) or (2)(a)(iii), 73E(1)(d) or 77AA(8). (14 of 2021 s. 81; 8 of 2025 s. 6)(L.N. 147 of 1998; L.N. 65 of 2000; L.N. 210 of 2001; L.N. 84 of 2004; L.N. 143 of 2019; 14 of 2021 s. 81)(2) In this Regulation—(a) in Part 2, candidate (候選人) includes a person who is being or has been nominated as a candidate to stand for election as a Member; and(b) in section 25 and Part 7, candidate (候選人)— (11 of 2012 s. 6) (i) means a person who stands nominated as a candidate at an election; and (ii) also means a person who, at any time before close of nominations for an election, has publicly declared an intention to stand as a candidate at the election. (L.N. 65 of 2000; 14 of 2021 s. 81) (3) In this Regulation, unless it is provided otherwise, a reference to “Returning Officer” is to be construed— (14 of 2021 s. 81)(a) in relation to a geographical constituency—as the Returning Officer appointed for that geographical constituency;(b) in relation to a functional constituency—as the Returning Officer appointed for that functional constituency; and(c) in relation to the Election Committee constituency—as the Returning Officer appointed for the Election Committee constituency. (14 of 2021 s. 81)(4) (Repealed 14 of 2021 s. 81)(5) In this Regulation, any provision which entitles or permits a candidate, an election agent, a polling agent or a counting agent to do anything in a polling station, counting station, counting zone or in relation to the counting of the votes is to be construed as entitling or permitting the candidate or the agent to do it in a polling station, counting station, counting zone or in relation to the counting of the votes for the constituency for which the candidate is standing for election or for which the agent is appointed, as the case may require.(6) In this Regulation, unless it is provided otherwise—(a) a reference to “counting station” is to be construed as including a main counting station and a ballot paper sorting station; and(b) a reference to “polling station” is to be construed as including a small polling station, a special polling station and a dedicated polling station. (L.N. 84 of 2004; L.N. 130 of 2009)(7) (Repealed L.N. 210 of 2001)(E.R. 2 of 2012) 2A. Effect of inclement weather warning on date and period (1) In this section—gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during ordinary business hours; rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); working day (工作日) means—(a) any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday; (b) a Saturday (other than a general holiday) during the period between—(i) the date of publication of a notice under section 4(1), 5(1), 6A(1) or 8(1) in respect of an election; and (ii) the date of publication of the result of the election under the Legislative Council Ordinance (Cap. 542) or the date of the declaration of the failure of the election under that Ordinance, whichever is the later. (14 of 2021 s. 82)(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 2.(12 of 2014 s. 5) 3. Application (1) Except where otherwise stated, this Regulation applies to a general election and a by-election.(2) In their application to a by-election, Parts 3 and 4 are to be read subject to necessary modifications.(3) (Repealed L.N. 210 of 2001)(4) Schedule 2 applies to a general election and by-election. (L.N. 210 of 2001)(E.R. 2 of 2012) Part 2 Nomination of Candidates and Other Stages of an Election before the Poll: General Election and By-elections Division 1 Nominations 4. Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms for geographical constituencies (1) As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the geographical constituencies, a notice which complies with subsection (2).(2) A notice referred to in subsection (1) must state in relation to each geographical constituency—(a) the name of the geographical constituency and the number of Members to be returned for that geographical constituency;(b) the period within which nomination forms for the geographical constituency are to be submitted to the Returning Officer;(c) the address at which the nomination forms are to be submitted;(d) that nomination forms must be submitted during ordinary business hours;(e) the date on which the election for the geographical constituency is to be held; and(f) that a poll will be held on the date referred to in paragraph (e) for the geographical constituency, if the number of validly nominated candidates for that geographical constituency exceeds the number of Members to be returned for that geographical constituency. 5. Chief Electoral Officer to publish a notice specifying a period and place for submitting nomination forms for functional constituencies (1) As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the functional constituencies, a notice which complies with subsection (2).(2) A notice referred to in subsection (1) must state in relation to each functional constituency—(a) the name of the functional constituency and the number of Members to be returned for that functional constituency;(b) the period within which nomination forms for the functional constituency are to be submitted to the Returning Officer;(c) the address at which the nomination forms are to be submitted;(d) that nomination forms must be submitted during ordinary business hours;(e) the date on which the election for the functional constituency is to be held; and(f) that a poll will be held on the date referred to in paragraph (e) for the functional constituency, if the number of validly nominated candidates for that functional constituency exceeds the number of Members to be returned for that functional constituency. 6. (Repealed L.N. 84 of 2004) 6A. Chief Electoral Officer to publish notice specifying period and place for submitting nomination forms for Election Committee constituency (1) As soon as practicable after the publication of the notice appointing the election day, the Chief Electoral Officer must publish in the Gazette, for the Election Committee constituency, a notice that complies with subsection (2).(2) A notice mentioned in subsection (1) must state—(a) the number of Members to be returned for the Election Committee constituency;(b) the period within which nomination forms for the Election Committee constituency are to be submitted to the Returning Officer;(c) the address at which the nomination forms are to be submitted;(d) that nomination forms must be submitted during ordinary business hours;(e) the date on which the election for the Election Committee constituency is to be held; and(f) that a poll will be held on the date referred to in paragraph (e) for the Election Committee constituency, if the number of validly nominated candidates standing for that constituency exceeds the number of Members to be returned for that constituency.(14 of 2021 s. 83) 7. 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 election notice or the by-election notice, as the case may be, is published in the Gazette. The nomination period must not be less than 14 days or more than 21 days. (L.N. 65 of 2000)(3) The nomination period must end not less than 28 days and not more than 42 days before the date on which the relevant election is to be held.(4) Despite subsections (2) and (3), the nomination period may be longer than 21 days and may end during the period of 28 days before the date on which the relevant election is to be held if the nomination period is extended under section 2A(3). (12 of 2014 s. 6) 8. Chief Electoral Officer to publish by-election notice if a by-election is to be held under section 36 of the Legislative Council Ordinance (1) Subject to section 36(2) of the Legislative Council Ordinance (Cap. 542), as soon as practicable after a declaration referred to in section 36(1)(a), (c) or (cb), or a determination referred to in section 36(1)(d), of that Ordinance is made, in order to hold a by-election for the purposes of that section 36(1), the Chief Electoral Officer must publish in the Gazette, a notice in accordance with this section. (L.N. 65 of 2000; 14 of 2021 s. 84)(2) If a by-election is to be held for a geographical constituency or geographical constituencies, the by-election notice must state the name of the geographical constituency or each geographical constituency for which the by-election is to be held, and the number of Members to be returned for the geographical constituency or each geographical constituency at the by-election.(3) If a by-election is to be held for a functional constituency or functional constituencies, the by-election notice must state the name of the functional constituency or each functional constituency for which the by-election is to be held, and the number of Members to be returned for the functional constituency or each functional constituency at the by-election.(4) (Repealed L.N. 84 of 2004)(4A) If a by-election is to be held for the Election Committee constituency, the by-election notice must state the number of Members to be returned for that constituency at the by-election. (14 of 2021 s. 84)(5) In each case referred to in subsections (2), (3) and (4A), the by-election notice must state the date on which the by-election is to be held. (L.N. 84 of 2004; 14 of 2021 s. 84)(6) The by-election notice must also state that a poll will be held on the relevant date referred to in subsection (5), if the number of candidates validly nominated for the geographical constituency, functional constituency or Election Committee constituency exceeds the number of Members to be returned for that constituency at the by-election. (L.N. 84 of 2004; 14 of 2021 s. 84)(7) The by-election notice must also state—(a) the period within which nomination forms for the by-election are to be submitted to the Returning Officer;(b) the address at which nomination forms are to be submitted; and(c) that nomination forms must be submitted during ordinary business hours. 9. Election notice to be in the specified form An election notice or a by-election notice must be in the specified form. 10. How to nominate a candidate for a geographical constituency (L.N. 73 of 2011; 14 of 2021 s. 85)(1) A person is to be nominated as a candidate for a geographical constituency by submitting to the Returning Officer a nomination form that complies with this section. (L.N. 73 of 2011; 14 of 2021 s. 85)(2) The nomination form must be submitted in accordance with this section. (11 of 2019 s. 18; 14 of 2021 s. 85)(3) The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C).(4) The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form. (14 of 2021 s. 85)(5) The nomination form must contain a declaration by the candidate to the effect that the candidate—(a) is eligible to be nominated as a candidate for a geographical constituency;(b) is not disqualified from being so nominated; and(c) consents to being so nominated. (14 of 2021 s. 85)(6) The nomination form—(a) must contain—(i) the name of the candidate as shown on the candidate’s identity document (being the identity document on the basis of which the particulars of the candidate are recorded in the geographical constituencies final register); and(ii) the identity document number and address of the candidate; and(b) if the Returning Officer is satisfied that the candidate is usually known by a name different from that shown on the identity document mentioned in paragraph (a)(i)—may also include that different name. (14 of 2021 s. 85)(7) The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form. (14 of 2021 s. 85)(8) The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004)(9) The nomination form must contain other particulars (if any) required to be furnished on that form.(10) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied— (14 of 2021 s. 85)(a) that the candidate is eligible to be nominated as a candidate for a geographical constituency; or(b) otherwise as to the validity of the nomination. (14 of 2021 s. 85)(10A) Only 1 person can be nominated by each nomination form. (14 of 2021 s. 85)(11) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address.(12) The nomination form must be submitted by the candidate— (14 of 2021 s. 85)(a) in person; or(b) in a way authorized by the Chief Electoral Officer. (11 of 2019 s. 18) 11. How to nominate a candidate for a functional constituency (L.N. 73 of 2011; 14 of 2021 s. 86)(1) A person is to be nominated as a candidate for a functional constituency by submitting to the Returning Officer a nomination form that complies with this section. (L.N. 73 of 2011; 14 of 2021 s. 86)(2) The nomination form must be submitted in accordance with this section.(3) The nomination form must be in the specified form and subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C).(4) The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form.(5) The nomination form must contain a declaration by the candidate to the effect that he or she—(a) is eligible to be nominated as a candidate for the functional constituency concerned;(b) is not disqualified from being so nominated; and(c) consents to being so nominated.(6) The nomination form—(a) must contain—(i) the name of the candidate as shown on the candidate’s identity document (being the identity document on the basis of which the particulars of the candidate are recorded in the geographical constituencies final register); and(ii) the identity document number and address of the candidate; and(b) if the Returning Officer is satisfied that the candidate is usually known by a name different from that shown on the identity document mentioned in paragraph (a)(i)—may also include that different name. (14 of 2021 s. 86)(7) The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form.(8) The nomination form must be signed by each subscriber. It must contain the name and identity document number of each subscriber. (L.N. 84 of 2004)(9) In the case of an elector other than a natural person, the subscription of the nomination form by that elector may only be effected by that elector’s authorized representative. (L.N. 147 of 1998; 14 of 2021 s. 86)(10) The nomination form must contain other particulars (if any) required to be furnished on that form. (L.N. 147 of 1998)(11) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied— (L.N. 147 of 1998; 14 of 2021 s. 86)(a) that the candidate is eligible to be nominated as a candidate for the functional constituency concerned; or(b) otherwise as to the validity of the nomination. (14 of 2021 s. 86)(12) Only 1 person can be nominated by each nomination form. (14 of 2021 s. 86)(13) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address. (L.N. 147 of 1998)(14) The nomination form must be submitted by the candidate— (L.N. 147 of 1998; 14 of 2021 s. 86)(a) in person; or(b) in a way authorized by the Chief Electoral Officer. (14 of 2021 s. 86) 12. (Repealed L.N. 84 of 2004) 12A. How to nominate candidate for Election Committee constituency (1) A person is to be nominated as a candidate for the Election Committee constituency by submitting to the Returning Officer a nomination form that complies with this section.(2) The nomination form must be submitted in accordance with this section.(3) The nomination form must be—(a) in the specified form; and(b) subscribed in accordance with the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C).(4) The candidate must make the declarations and promissory oath required by section 40(1)(b) of the Legislative Council Ordinance (Cap. 542) in the appropriate place on the nomination form.(5) The nomination form must contain a declaration by the candidate to the effect that the candidate—(a) is eligible to be nominated as a candidate for the Election Committee constituency;(b) is not disqualified from being so nominated; and(c) consents to being so nominated.(6) The nomination form—(a) must contain—(i) the name of the candidate as shown on the candidate’s identity document (being the identity document on the basis of which the particulars of the candidate are recorded in the geographical constituencies final register); and(ii) the identity document number and address of the candidate; and(b) if the Returning Officer is satisfied that the candidate is usually known by a name different from that shown on the identity document mentioned in paragraph (a)(i)—may also include that different name.(7) The nomination form must be signed by the candidate in each place the candidate’s signature is required on that form.(8) The nomination form must—(a) be signed by each subscriber; and(b) contain the name and identity document number of each subscriber.(9) The nomination form must contain other particulars (if any) required to be furnished on that form.(10) The Returning Officer may require a candidate to furnish any other information that Officer considers appropriate for enabling the Candidate Eligibility Review Committee to be satisfied—(a) that the candidate is eligible to be nominated as a candidate for the Election Committee constituency; or(b) otherwise as to the validity of the nomination.(11) Only 1 person can be nominated by each nomination form.(12) The nomination form must be submitted to the Returning Officer within the nomination period at the specified address.(13) The nomination form must be submitted by the candidate—(a) in person; or(b) in a way authorized by the Chief Electoral Officer.(14 of 2021 s. 87) 13. Returning Officer may assist in preparation of nomination forms The Returning Officer may, at the request of a person who proposes to be nominated as a candidate, give assistance in preparing a nomination form. 14. Returning Officer to make available copies of nomination forms for public inspection The Returning Officer must make available for inspection by the public, at the specified address, during ordinary business hours, a copy of each of the nomination forms received by that Officer. A nomination form must be made so available as soon as practicable after it is received by the Returning Officer and until the relevant notice of election result is published under section 58 of the Legislative Council Ordinance (Cap. 542). 15. Returning Officer not to accept nomination form without deposit and to issue receipt for deposit (1) The Returning Officer may accept a nomination form only if it is accompanied by the appropriate deposit.(2) When the Returning Officer receives the appropriate deposit, that Officer must issue a receipt for the amount of the deposit.(3) In this section and section 16, appropriate deposit (適當的按金) means the amount of deposit to be lodged under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C), having regard to which constituency for which the nomination form is submitted. (L.N. 84 of 2004; L.N. 73 of 2011; E.R. 6 of 2019) 16. Candidate Eligibility Review Committee to decide whether candidates are validly nominated (14 of 2021 s. 89)(1) The Returning Officer must, as soon as practicable after receiving a nomination form, forward the form to the Candidate Eligibility Review Committee. (14 of 2021 s. 89)(1A) The Candidate Eligibility Review Committee must, as soon as practicable after receiving a nomination form forwarded by the Returning Officer, decide whether a candidate is validly nominated. (14 of 2021 s. 89)(2) If section 10, 11 or 12A (as may be applicable), and sections 37, 39 and 40 of the Legislative Council Ordinance (Cap. 542), are complied with in relation to a candidate, the candidate stands validly nominated unless— (L.N. 84 of 2004; 14 of 2021 s. 89)(a) the Candidate Eligibility Review Committee decides that the nomination form is invalid; or(b) the candidate withdraws his or her candidature.(3) Without prejudice to sections 37, 39 and 40 of the Legislative Council Ordinance (Cap. 542), the Candidate Eligibility Review Committee may decide that a nomination is invalid if and only if— (14 of 2021 s. 89)(a) the nomination form has not been signed by the prescribed number of subscribers qualified to subscribe to the nomination form under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C);(b) the 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 Legislative Council Ordinance (Cap. 542); (d) the nomination form relates to a constituency but—(i) the candidate has been nominated for another constituency in the same election; and(ii) the Candidate Eligibility Review Committee is satisfied that the other candidature has not been withdrawn; (14 of 2021 s. 89)(e) the candidate has not lodged the appropriate deposit; or(f) the Returning Officer is satisfied that the candidate is dead.(3A) In deciding whether a candidate is validly nominated for a constituency, the 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 Committee considers appropriate to be satisfied—(i) that the candidate is eligible to be nominated as a candidate for the constituency concerned; or(ii) otherwise as to the validity of the nomination. (14 of 2021 s. 89)(3B) The matters specified for subsection (3A)(a) are—(a) whether, in the opinion of the Returning Officer, section 10, 11 or 12A (as may be applicable) are complied with in relation to the candidate;(b) subject to subsection (3C), whether, in the opinion of the Returning Officer, sections 37, 39 and 40 of the Legislative Council Ordinance (Cap. 542) are complied with in relation to the candidate;(c) whether, in the opinion of the Returning Officer, the nomination form of the candidate is valid;(d) whether the candidate has withdrawn candidature for that constituency;(e) whether the nomination form of the candidate has been signed by the prescribed number of subscribers qualified to subscribe to the nomination form under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C);(f) whether the nomination form of the candidate has been completed or signed as required under this Regulation;(g) in the opinion of the Returning Officer—(i) whether the candidate is eligible to be nominated as a candidate under the Legislative Council Ordinance (Cap. 542); and(ii) whether the candidate is disqualified from being nominated as a candidate under that Ordinance;(h) whether the candidate has been nominated for another constituency in the same election and, if so, whether the other candidature has been withdrawn;(i) whether the candidate has lodged the appropriate deposit; and(j) whether, according to the information available to the Returning Officer, the candidate is dead. (14 of 2021 s. 89)(3C) For the purposes of subsection (3B)(b), the Returning Officer is not to advise on whether a candidate has complied with section 40(1)(b)(i) of the Legislative Council Ordinance (Cap. 542). (14 of 2021 s. 89)(4) In this section, prescribed number (訂明數目) means the number of subscribers (including how such subscribers are to be composed of) required to subscribe to the nomination form under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C), having regard to which constituency for which the nomination form is submitted. (L.N. 84 of 2004; L.N. 73 of 2011; E.R. 6 of 2019)(5) In this section, a reference to section 37, 39 or 40 of the Legislative Council Ordinance (Cap. 542) being complied with in relation to a candidate for constituency is to be construed as follows—(a) for section 37 of that Ordinance—that the candidate is eligible to be nominated as a candidate at an election for that constituency under that section;(b) for section 39 of that Ordinance—that the candidate is not disqualified from being nominated as a candidate at an election for that constituency under that section; and(c) for section 40 of that Ordinance—that the candidate has complied with that section. (14 of 2021 s. 89)(14 of 2021 s. 89) 17. Returning Officer to have regard to advice of Nominations Advisory Committee In forming an opinion for the purposes of section 16(3A)(a) and (3B)(g) as to whether a person is eligible to be or is disqualified from being nominated as a candidate, the Returning Officer must have regard to— (14 of 2021 s. 90)(a) advice given by a Nominations Advisory Committee on an application, if any, made by the Returning Officer regarding that person under the Electoral Affairs Commission (Nominations Advisory Committees (Legislative Council)) Regulation (Cap. 541 sub. leg. C); or (L.N. 115 of 1999)(b) advice given by a Nominations Advisory Committee on an application, if any, made by that person to the Nominations Advisory Committee under that Regulation or, if advice has not been given, the result of the application. 18. Returning Officer may give opportunity to rectify a nomination form (1) If the Returning Officer detects on a nomination form—(a) an error or what appears to that Officer to be an error, or an omission, which may amount to a ground for deciding that the nomination form is invalid; or(b) anything which may affect the validity of the nomination form, and the Returning Officer considers that it can be rectified within the nomination period, that Officer may, before forming an opinion for the purposes of section 16(3A)(a) and (3B)(c) as to whether the nomination form is valid, give the candidate a reasonable opportunity to rectify it. (14 of 2021 s. 91)(2) (Repealed 14 of 2021 s. 91)(3) A nomination form cannot be rectified under this section after the expiry of the nomination period.(L.N. 147 of 1998) 19. Candidate Eligibility Review Committee to endorse invalid nomination forms and Returning Officer to notify candidates of decision as to validity of nomination (14 of 2021 s. 92)(1) If the Candidate Eligibility Review Committee decides that the nomination of a candidate is invalid, the Committee must endorse on the nomination form the decision and the reasons for it. (14 of 2021 s. 92)(2) The Candidate Eligibility Review Committee must sign an endorsement under subsection (1). (14 of 2021 s. 92)(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 nomination form to the Returning Officer for retention. (14 of 2021 s. 92)(3) The Returning Officer must send a notice of a decision of the Candidate Eligibility Review Committee that a person is validly nominated or is not validly nominated to the person concerned and each validly nominated candidate for the constituency concerned. (L.N. 84 of 2004; 14 of 2021 s. 92)(4) A notice under subsection (3) must be sent to the address of the candidate as given on the nomination form. (L.N. 143 of 2019) 20. How a nominated candidate is to withdraw from candidature (1) A withdrawal of candidature for the purposes of section 42 of the Legislative Council Ordinance (Cap. 542) is to be effected by giving a notice of withdrawal to the Returning Officer in accordance with subsection (2).(2) The following applies to a notice of withdrawal—(a) the notice must be in the specified form;(b) the signature of the candidate on the notice must be attested by a witness;(c) the notice must be delivered to the Returning Officer by the candidate in person or the candidate’s election agent in person; and(d) the notice must be so delivered at the specified address. 21. Candidate Eligibility Review Committee to publish a notice of particulars of validly nominated candidates (14 of 2021 s. 93)(1) The Candidate Eligibility Review Committee must, within 14 days of the expiry of the nomination period, publish a notice in the Gazette which complies with this section. (14 of 2021 s. 93)(2) A notice under subsection (1) must be published for—(a) all geographical constituencies and functional constituencies; and(b) the Election Committee constituency. (14 of 2021 s. 93)(3) For the purposes of subsection (2)(a)—(a) separate notices may be published for each geographical constituency and each functional constituency; or(b) 1 notice may be published for all the geographical constituencies and 1 notice may be published for all the functional constituencies. (14 of 2021 s. 93)(3A) For the purposes of subsection (2)(b), a separate notice must be published for the Election Committee constituency. (14 of 2021 s. 93)(4) A notice published for a geographical constituency must state—(a) the name and address of each validly nominated candidate for that geographical constituency; and(b) the number allocated to each candidate under section 49(6A). (14 of 2021 s. 93)(4A) (Repealed 14 of 2021 s. 93)(5) A notice published for a functional constituency must state— (L.N. 73 of 2011; 14 of 2021 s. 93)(a) the name and address of each validly nominated candidate for that functional constituency; and (L.N. 143 of 2019)(b) the code assigned to that functional constituency under section 49(8) followed by the number allocated to each candidate under section 49(8A). (14 of 2021 s. 93)(6) (Repealed L.N. 84 of 2004)(6A) A notice published for the Election Committee constituency must state—(a) the name and address of each validly nominated candidate for the Election Committee constituency; and(b) the number allocated to each candidate under section 49(10B). (14 of 2021 s. 93)(7) A notice under this section must be in the specified form.(8) (Repealed 14 of 2021 s. 93) 22.

Returning Officer to publish a notice for the purposes of section 46(1) of the Legislative Council Ordinance (1) If, for a geographical constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)(2) If, for a functional constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)(3) (Repealed L.N. 84 of 2004)(3A) If, for the Election Committee constituency, no more candidates have been validly nominated than the number of Members to be returned for that constituency, the Returning Officer must, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), declare in a notice the candidate or candidates as being duly elected as a Member or Members for that constituency. (14 of 2021 s. 94)(4) A notice under subsection (1), (2) or (3A) must— (L.N. 84 of 2004; 14 of 2021 s. 94)(a) be published in the Gazette within 14 days of the expiry of the nomination period;(b) state the name and address of the candidate declared to be duly elected as a Member; and (L.N. 143 of 2019)(c) be in the specified form. 22A. Returning Officer to notify and declare if a validly nominated candidate is proved to have died (L.N. 66 of 2008; L.N. 73 of 2011; 14 of 2021 s. 95)(1) A notice under section 42B(1) of the Legislative Council Ordinance (Cap. 542) is to be given in writing, by the Returning Officer concerned, as soon as practicable after the death of the candidate is proved to the satisfaction of that Officer, to— (L.N. 84 of 2004)(a) the Chief Electoral Officer; and(b) if practicable, each candidate who remains validly nominated for election for the constituency concerned to replace the notice under section 19(3). (2) The Returning Officer under subsection (1) must—(a) endorse on the nomination form of the deceased candidate that the candidate has died; and(b) sign the endorsement. (14 of 2021 s. 95)(3) Declarations under section 42B(2) of the Legislative Council Ordinance (Cap. 542) 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— (L.N. 84 of 2004)(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. 95)(a) the name and address of the deceased candidate;(b) the name of the constituency for which the deceased candidate was nominated; and (L.N. 84 of 2004)(c) the name and address of each candidate who remains validly nominated for election for the constituency concerned. (L.N. 143 of 2019)(5) A public announcement under subsection (3)(c) must state—(a) the name of the deceased candidate;(b) the name of the constituency for which the deceased candidate was nominated; and (L.N. 84 of 2004)(c) the name of each candidate who remains validly nominated for election for the constituency concerned. (6) (Repealed 14 of 2021 s. 95)(L.N. 65 of 2000; L.N. 84 of 2004; L.N. 73 of 2011) 22B. Returning Officer to notify, and Candidate Eligibility Review Committee to declare, if a validly nominated candidate is proved to be disqualified (L.N. 66 of 2008; L.N. 73 of 2011; 14 of 2021 s. 96)(1) A notice under section 42B(4) of the Legislative Council Ordinance (Cap. 542) is to be given in writing, 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, to— (L.N. 29 of 2004; L.N. 84 of 2004; 14 of 2021 s. 96)(a) the Chief Electoral Officer; and(b) if practicable, each candidate who remains validly nominated for election for the constituency concerned, to replace the notice under section 19(3).(2) The Candidate Eligibility Review Committee must—(a) endorse on the nomination form of the disqualified candidate that the Committee’s decision made under section 42A(1) of the Legislative Council Ordinance (Cap. 542) in relation to that candidate is varied and the reason for the variation of decision; and(b) sign the endorsement. (14 of 2021 s. 96)(3) Declarations under section 42B(5) of the Legislative Council Ordinance (Cap. 542) 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— (L.N. 84 of 2004; L.N. 66 of 2008; 14 of 2021 s. 96)(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. 96)(4) A notice under subsection (3)(a) or (b) must state— (14 of 2021 s. 96)(a) the name and address of the disqualified candidate; (L.N. 143 of 2019)(b) the name of the constituency for which the disqualified candidate was nominated; (L.N. 84 of 2004)(c) that the decision of the Candidate Eligibility Review Committee made under section 42A(1) of the Legislative Council Ordinance (Cap. 542) has been varied to the effect that the candidate is not validly nominated; and (14 of 2021 s. 96)(d) the name and address of each candidate who remains validly nominated for election for the constituency concerned. (L.N. 143 of 2019)(5) A public announcement under subsection (3)(c) must state—(a) the name of the disqualified candidate;(b) the name of the constituency for which the disqualified candidate was nominated; and (L.N. 84 of 2004)(c) the name of each candidate who remains validly nominated for election for the constituency concerned.(6) (Repealed 14 of 2021 s. 96)(L.N. 65 of 2000; L.N. 84 of 2004; L.N. 73 of 2011) 22C. No poll upon death or disqualification of candidate under certain circumstances (L.N. 73 of 2011; 14 of 2021 s. 97)(1) If, after the death referred to in section 22A(1) or the disqualification referred to in section 22B(1)—(a) the number of candidate remaining validly nominated for election for the constituency concerned is equal to the number of Members to be returned for that constituency;(b) no candidate remains validly nominated for election for the constituency concerned; or(c) the number of candidates remaining validly nominated for election for the constituency concerned is less than the number of Members to be returned for that constituency, (11 of 2012 s. 44) the Returning Officer must, by such means as that Officer considers appropriate in the circumstances, declare that no poll is to be held for the constituency. (L.N. 84 of 2004; L.N. 73 of 2011)(2) The Returning Officer must in the notice under section 22A(3)(a), if any, or in a separate notice— (14 of 2021 s. 97)(a) in the case of subsection (1)(a), declare, for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), the remaining candidate or candidates as being duly elected as a Member or as Members;(b) in the case of subsection (1)(b), declare, for the purposes of section 46(2) of the Legislative Council Ordinance (Cap. 542), the election to have failed;(c) in the case of subsection (1)(c), declare—(i) for the purposes of section 46(1) of the Legislative Council Ordinance (Cap. 542), the remaining candidate or candidates as being duly elected as a Member or as Members; and(ii) for the purposes of section 46(2) of that Ordinance, the election to have failed to the extent that the number of candidates remaining validly nominated for election is less than the number of Members to be returned.(3) A separate notice containing a declaration under subsection (2)(a) or (c)(i) must—(a) be published in the Gazette as soon as practicable;(b) state the name and address of each candidate declared to be duly elected as a Member; and (L.N. 143 of 2019)(c) be in the specified form.(4) A separate notice containing a declaration under subsection (2)(b) or (c)(ii) must comply with section 97B(1).(5) (Repealed 14 of 2021 s. 97)(L.N. 65 of 2000) Division 2 Election Agents and Election Expense Agents 23. A candidate may appoint election agent (14 of 2021 s. 98)(1)-(2) (Repealed 14 of 2021 s. 98)(3) Each candidate for a constituency may appoint 1 person as the candidate’s election agent. (14 of 2021 s. 98)(4) (Repealed L.N. 84 of 2004)(5) Only a holder of an identity card who has attained the age of 18 years may be appointed as an election agent. (L.N. 147 of 1998)(6) A candidate must give notice of appointment of the candidate’s election agent to the Returning Officer. (14 of 2021 s. 98)(7) The appointment of an election 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 state the name, identity card number and residential address of the election agent. (L.N. 65 of 2000; L.N. 66 of 2008; 12 of 2014 s. 54)(9) The notice must be signed by the candidate. (14 of 2021 s. 98)(10) A candidate cannot have more than one election agent at any one time. (14 of 2021 s. 98)(11) If the appointment of an election agent is revoked, notice of revocation must be given to the Returning Officer by the candidate as soon as possible after the revocation. (L.N. 147 of 1998; 14 of 2021 s. 98)(12) A notice of revocation must be in writing and be signed by the candidate. (14 of 2021 s. 98)(13) The revocation of the appointment of an election agent is not effective until notice of the revocation is received by the Returning Officer.(14) If at any time an election agent dies or the appointment of an election agent is revoked, the candidate may appoint a replacement. (14 of 2021 s. 98)(15) The appointment of a replacement must be in accordance with the requirements of this section.(16) A notice of appointment or a notice of revocation under this section must be— (12 of 2014 s. 54)(a) in the specified form; and(b) delivered to the Returning Officer by hand, by electronic mail, by facsimile transmission or (except a notice of an appointment or a revocation of appointment made on polling day) by post. (12 of 2014 s. 54)(17) Subject to subsection (18), an election agent may do all things which a candidate may do under this Regulation in connection with an election. Any such act of the election agent is effective as if it had been done by the candidate in person. (12 of 2014 s. 76; 14 of 2021 s. 98)(18) An election agent may not—(a) do anything a candidate is required to do under section 10, 11 or 12A; (L.N. 84 of 2004; 14 of 2021 s. 98)(b) withdraw a candidate’s candidature; (L.N. 130 of 2009)(c) authorize any person for the purposes of section 25; (L.N. 130 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. 130 of 2009; 12 of 2014 s. 54)(e) be present in a dedicated polling station situated in a maximum security prison. (L.N. 130 of 2009)(19) The Commissioner of Correctional Services must not give consent to an election agent under subsection (18)(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. 130 of 2009; 14 of 2021 s. 98)(20) Despite subsection (18)(d), the Commissioner of Correctional Services may, on an application made under that subsection during the week before polling day, give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 54)(a) an elector in custody or authorized representative in custody who is entitled to vote for the relevant constituency at a dedicated polling station situated in a prison is admitted or transferred to the prison during that week; and(b) the application is made without undue delay after the admission or transfer. (L.N. 130 of 2009; 12 of 2014 s. 54)(21) If the Commissioner of Correctional Services refuses to give consent under subsection (18)(d), the Commissioner must notify the candidate or the election agent as soon as practicable. (L.N. 130 of 2009; 14 of 2021 s. 98)(L.N. 147 of 1998) 24. Returning Officer to send to other candidates a notice of particulars of election agent (1) (Repealed 14 of 2021 s. 99)(2) The Returning Officer must send to every candidate for a constituency a notice containing the particulars of the election agents of the other candidates for that constituency. (L.N. 73 of 2011; 14 of 2021 s. 99)(3) (Repealed L.N. 84 of 2004)(4) If a replacement is appointed for an election agent, the Returning Officer must send a notice of the particulars of the replacement to the candidates that Officer is required to send a notice under subsection (2). (L.N. 84 of 2004; 14 of 2021 s. 99)(5) The Returning Officer must send a notice under subsection (2) within 10 days of the expiry of the relevant nomination period. (L.N. 84 of 2004; 14 of 2021 s. 99)(6) If the appointment of the election agent is made after the notice period referred to in subsection (5), or if a replacement is appointed under section 23(14), 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. (L.N. 147 of 1998; 12 of 2014 s. 7)(7) The Returning Officer must also display in a prominent place outside that Officer’s office, a notice of the particulars of the election agents.(8) A notice under this section must be in the specified form.(9) A notice required to be sent to a candidate under subsection (2) may be sent to the election agent instead of to the candidate. (L.N. 147 of 1998; L.N. 84 of 2004; 14 of 2021 s. 99) 25. Authorization of election expense agent to incur election expenses at or in connection with an election (1)-(4) (Repealed L.N. 65 of 2000)(5) 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 an election. (L.N. 65 of 2000)(6) 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 residential address of the person authorized. (L.N. 65 of 2000)(7) The authorization must specify the maximum amount of election expenses that the election expense agent is authorized to incur. (L.N. 65 of 2000)(8) The authorization must be signed by the candidate making the authorization. The authorization must also be signed by the person authorized. (L.N. 65 of 2000; 14 of 2021 s. 100)(9) A copy of the authorization must be served—(a) on the Returning Officer; or(b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 65 of 2000)(10) A copy of the authorization may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 55)(11) The Returning Officer or the Chief Electoral Officer, as the case may be, is to regard an authorization of an election expense agent to incur election expenses at or in connection with an election as being effective, for any purpose related to the election for which the authorization is relevant, only when a copy of the authorization has been served on the relevant Officer. (L.N. 65 of 2000)(12)-(13) (Repealed L.N. 65 of 2000)(14) If the authorization of an election expense agent to incur election expenses at or in connection with an election has been revoked, a written notice of the revocation must be served as soon as possible— (L.N. 66 of 2008)(a) on the Returning Officer; or(b) if the Returning Officer has not been appointed, on the Chief Electoral Officer. (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 66 of 2008)(15) The notice of revocation must be in the specified form and signed by the candidate who made the authorization. (L.N. 65 of 2000; 14 of 2021 s. 100)(15A) The notice of revocation may be served by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 55)(16) If the authorization of an election expense agent to incur election expenses at or in connection with an 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 election for which the revocation is relevant, only when the relevant Officer receives the notice of revocation. (L.N. 147 of 1998; L.N. 65 of 2000)(17)-(18) (Repealed L.N. 65 of 2000) 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).(10 of 2000 s. 47; L.N. 65 of 2000) Part 3 Contested Elections: General Election and By-elections Division 1 Hours of Poll and Matters Relating to Polling Stations 27. Appointment and notification of polling hours (L.N. 130 of 2009)(1) Subject to subsections (2A) and (2B), the hours during which electors can cast their votes on polling day are to be appointed by the Chief Electoral Officer in accordance with this section. (L.N. 130 of 2009)(2) The Chief Electoral Officer may appoint different polling hours for different constituencies or for different polling stations. (L.N. 84 of 2004)(2A) The Commissioner of Correctional Services may assign a time slot during the polling hours appointed for a dedicated polling station situated in a prison to an elector in custody to whom the polling station is allocated under section 30. (L.N. 130 of 2009)(2B) Subject to section 53A, an elector to whom a time slot is assigned under subsection (2A) may only cast his or her vote during the time slot. (L.N. 130 of 2009)(3) The Chief Electoral Officer must appoint the polling hours so as to give the electors a reasonable opportunity to vote.(3A) The Commissioner of Correctional Services must assign the time slot so as to give the electors a reasonable opportunity to vote. (L.N. 130 of 2009)(4) The Chief Electoral Officer must, at least 10 days before polling day, publish in the Gazette, a notice specifying— (L.N. 84 of 2004; 14 of 2021 s. 101)(a) the polling hours for the geographical constituencies, functional constituencies and Election Committee constituency; and(b) if appropriate, the polling hours for each polling station. (14 of 2021 s. 101)(4A) The Commissioner of Correctional Services must, as early as practicable before the commencement of the poll, notify all electors to whom time slots are assigned under subsection (2A) of the time slot assigned to each of them. (L.N. 130 of 2009)(5) In this section, electors (選民) includes authorized representatives. (E.R. 6 of 2019) 28. Designation of polling stations, counting stations and ballot paper sorting stations (L.N. 130 of 2009)(1) The Chief Electoral Officer must designate, by notice published in the Gazette at least 10 days before polling day— (L.N. 130 of 2009; 12 of 2014 s. 97)(a) one or more places as a polling station or polling stations for conducting a poll in respect of an election;(b) one or more places as a counting station or counting stations for counting of the votes; and(c) one or more places as a ballot paper sorting station or ballot paper sorting stations for sorting GC ballot papers received from dedicated polling stations or cast at ECC polling stations in a general election or, where the Chief Electoral Officer considers appropriate, a by-election. (L.N. 130 of 2009; L.N. 197 of 2009; 14 of 2021 s. 102)(1A) The Chief Electoral Officer may designate under subsection (1) the same place as a polling station and a counting station. (L.N. 84 of 2004)(1B) The Chief Electoral Officer must designate a polling station at which less than 500 electors are allocated to vote as a small polling station. (L.N. 84 of 2004 and L.N. 140 of 2004)(1BA) Without affecting subsection (1B), the Chief Electoral Officer must designate one or more places as a dedicated polling station or dedicated polling stations at which electors in custody or authorized representatives in custody are allocated to vote. (L.N. 130 of 2009)(1C) If in relation to a geographical constituency, 2 or more polling stations have been designated and one or more than one of them is a small polling station, dedicated polling station or ECC polling station, the Chief Electoral Officer must designate a polling station (other than a small polling station, dedicated polling station or ECC polling station) as a main counting station for the purpose of counting the votes cast at the polling station and the small polling stations, dedicated polling stations or ECC polling stations, as may be appropriate. (L.N. 84 of 2004 and L.N. 140 of 2004; L.N. 130 of 2009; 14 of 2021 s. 102)(2) The Chief Electoral Officer may designate under subsection (1)—(a) premises occupied by a Government department for official purposes (Government building);(b) a structure, place or premises hired under subsection (3) or which is to be so hired;(c) any school in respect of which a grant is made out of the general revenue;(d) a building occupied by an organization, association or body in respect of which a grant is made out of the general revenue; or(e) any other structure, premises, whether permanent or temporary, mobile or otherwise, or place, which the Chief Electoral Officer considers suitable for a purpose specified in subsection (1).(3) The Chief Electoral Officer may hire any structure, place or premises or a part of a structure, place or premises to designate as a polling station or a counting station.(4) The Chief Electoral Officer may designate a place described in subsection (2) in addition to or in substitution of a place designated under this section as a polling station or a counting station. The Chief Electoral Officer must publish notice of such designation. The notice may be published in a manner that Officer thinks fit.(5) The Chief Electoral Officer must ensure that there are sufficient polling stations and counting stations to enable polling and counting of the votes to take place smoothly and efficiently.(6) The Chief Electoral Officer must make available, at that Officer’s office, for public inspection, a list of the polling stations and counting stations.(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—(a) in relation to a general election, designate—(i) one or more counting stations for counting the votes for each geographical constituency cast at all the polling stations used for polling for the general election; and(ii) one counting station for—(A) counting the votes for functional constituencies cast at all the polling stations used for polling for the general election; and(B) counting the votes for the Election Committee constituency cast at all ECC polling stations; and (14 of 2021 s. 102)(b) in relation to a by-election for a constituency, designate one or more counting stations for counting the votes cast at all the polling stations used for polling for the by-election. (L.N. 65 of 2000; L.N. 84 of 2004) 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), (b) or (c), the Chief Electoral Officer may, by written notice, require an owner or occupier of any target premises to—(a) allow an authorized person to carry out a site visit at the premises for enabling the Officer to determine whether the premises are suitable for use as a polling station or counting station in an election; and(b) if the Officer considers the premises suitable—take the steps specified in subsection (2).(2) The steps specified for the purposes of subsection (1)(b) are—(a) to make available the premises for use as a polling station or counting station in the election; and(b) to allow an authorized person to carry out preparatory work and store materials at the premises for a purpose relating to such use.(3) If any target premises are used as a polling station or counting station as a result of a person’s compliance with a requirement made under subsection (1), the Chief Electoral Officer must pay to the person a user fee for the period during which the premises are so used.(4) The amount of the user fee payable under subsection (3) is to be—(a) agreed between the person and the Chief Electoral Officer; or(b) if no agreement can be reached—determined by the court by reference to the loss suffered by the person for making available the premises.(5) A user fee payable under subsection (3) is to be paid out of the general revenue.(6) A person who fails to comply with a requirement made under subsection (1) is liable to pay a financial penalty of $50,000, which is recoverable as a civil debt due to the Government.(7) In this section—authorized person (獲授權人) means a person authorized in writing by the Chief Electoral Officer for the purposes of this section;occupier (佔用人), in relation to any target premises—(a) means a tenant, subtenant or any other person in lawful occupation of the premises; but(b) does not include an owner of the premises;owner (業主), in relation to any target premises, means—(a) a person who appears from the records at the Land Registry to be the owner of—(i) the land on which the premises are situated; or(ii) if the land is divided into shares—an undivided share in the land that relates to the premises; and(b) a registered mortgagee in possession of such land or share;target premises (目標處所) means a school or building described in section 28(2)(c) or (d) or any part of it.(14 of 2021 s. 103) 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 constituency would be difficult of access for persons with a disability, the Chief Electoral Officer must designate one or more polling stations as special polling station or stations to be used for voting by them. (12 of 2014 s. 98)(2) Only a polling station which is, in the opinion of the Chief Electoral Officer, suitable for use by persons referred to in subsection (1) may be designated as a special polling station.(2A) The Chief Electoral Officer may designate the same place as a special polling station for use by persons referred to in subsection (1) and a polling station for use by other electors. (L.N. 84 of 2004)(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 constituency or constituencies for which a particular special polling station is designated. (12 of 2014 s. 98)(4) (Repealed 12 of 2014 s. 98) 30. Chief Electoral Officer to assign polling stations for constituencies and to allocate polling stations to electors and authorized representatives (1) The Chief Electoral Officer may assign—(a) one or more polling stations for conducting the poll for each geographical constituency or functional constituency; and(b) one or more polling stations for conducting the poll for the Election Committee constituency. (14 of 2021 s. 104)(2) Despite subsection (1), the Chief Electoral Officer may, in relation to a general election, make arrangements for—(a) voting for one or more functional constituencies to take place at a GC polling station; and(b) voting for one or more geographical constituencies and one or more functional constituencies to take place at an ECC polling station. (14 of 2021 s. 104)(3) The Chief Electoral Officer must allocate to each elector and authorized representative a polling station or polling stations to cast the vote or votes he or she is entitled to cast at an election.(4) Under subsection (3), for the purposes of a general election, the Chief Electoral Officer—(a) subject to paragraphs (aa) and (ab), must allocate to a GC elector a GC polling station that is, as far as practicable, close to his or her registered residential address to cast the vote for the geographical constituency; (L.N. 130 of 2009; 14 of 2021 s. 104)(aa) may allocate to a GC elector who will be serving a sentence of imprisonment on the polling day a dedicated polling station to cast the vote for the geographical constituency; (L.N. 130 of 2009)(ab) may allocate to a GC elector who is also entitled to vote for the Election Committee constituency an ECC polling station to cast the vote for the geographical constituency and the vote for the Election Committee constituency; and (14 of 2021 s. 104)(b) may allocate to a GC elector the allocated polling station of the GC elector for either or both of the following purposes—(i) if the GC elector is also entitled to vote for a functional constituency as an elector—to cast the vote for that functional constituency as an elector;(ii) if the GC elector is also entitled to vote for a functional constituency as an authorized representative—to cast the vote for that functional constituency as an authorized representative. (14 of 2021 s. 104)(c) (Repealed 14 of 2021 s. 104)(ca)-(cb) (Repealed 14 of 2021 s. 104)(d) (Repealed L.N. 84 of 2004)(4A) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector 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 (3), to cast the vote or votes he or she is entitled to cast at an election. (L.N. 65 of 2000)(5) In this section, in relation to a person, the allocated polling station of the person is to be construed as the polling station, or the alternative polling station in addition thereto or in substitution thereof, that person is allocated under subsection (4)(a), (aa) or (ab) or subsection (4A). (L.N. 130 of 2009; 14 of 2021 s. 104)(6) 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. 73 of 2011)(7) 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. 73 of 2011)(L.N. 147 of 1998; L.N. 65 of 2000) 31. Chief Electoral Officer to send poll cards to electors and authorized representatives (1) Subject to subsections (3) and (4), for every contested election, at least 10 days before polling day, the Chief Electoral Officer must send a poll card to each elector and authorized representative.(2) A poll card need not be sent to an elector 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 elector or authorized representative is dead; or(b) the Chief Electoral Officer is satisfied that the elector’s or authorized representative’s address as recorded in the final register—(i) does not exist;(ii) refers to a building that has been demolished; or(iii) refers to a building that is not built at the time poll cards are to be sent.(3) A poll card need not be sent under subsection (1) to a corporate elector.(3A) A poll card sent to an elector or authorized representative who will be serving a sentence of imprisonment in a prison on the polling day must be addressed to the elector or authorized representative and sent, as far as practicable, to the prison. (L.N. 130 of 2009)(4) If the Chief Electoral Officer receives notice of the substitution or replacement of an authorized representative within the 10 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) If a person is entitled to cast more than one vote at an election, the Chief Electoral Officer may send separate poll cards for each vote or send one poll card for all the votes.(6) The Chief Electoral Officer must state in the poll card or each poll card the polling station or stations at which the elector or authorized representative must cast his or her vote or votes.(6A) Where an alternative polling station is allocated to an elector or authorized representative under section 30(4A), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the elector or authorized representative;(b) the Returning Officer;(c) the Presiding Officer of the polling station previously allocated to the elector or authorized representative; and(d) the Presiding Officer of the alternative polling station. (L.N. 65 of 2000)(7) In this section, corporate elector (團體選民) has the meaning assigned to it by section 3(1) of the Legislative Council Ordinance (Cap. 542). (E.R. 6 of 2019) 32. Person to vote at the 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) An elector 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 constituency for which he or she is entitled to vote. (L.N. 84 of 2004)(2) An application under subsection (1) must be made at least 5 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 (12 of 2014 s. 56)(b) may be made orally by telephone. (L.N. 65 of 2000)(3) On receiving an application under subsection (1), the Chief Electoral Officer must, if satisfied that the application is well founded, allocate to the elector or authorized representative an appropriate special polling station to cast the vote he or she is entitled to cast at the election to which the application relates. (L.N. 65 of 2000)(4) The Chief Electoral Officer must inform the applicant in a manner that that Officer considers appropriate, the result of the application, as soon as practicable.(5) (Repealed L.N. 65 of 2000)(6) When the Chief Electoral Officer allocates a special polling station to an elector or authorized representative under this section, that Officer must, as soon as practicable, notify, in a manner that the Officer considers appropriate—(a) the Returning Officer;(b) the Presiding Officer at the special polling station; and(c) the Presiding Officer of the polling station previously allocated to the elector or the authorized representative, of the name, identity document number and registered residential address of that elector or authorized representative.(7) The Chief Electoral Officer must notify the persons referred to in subsection (6) of the constituency or constituencies for which the elector or authorized representative is entitled to vote. (L.N. 84 of 2004; 14 of 2021 s. 105)(8) The Chief Electoral Officer may, if that Officer considers it appropriate to do so in the circumstances, allocate to an elector 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. (L.N. 65 of 2000)(9) Where an alternative special polling station is allocated to an elector or authorized representative under subsection (8), the Chief Electoral Officer must, as soon as practicable, notify, in a manner that Officer considers appropriate—(a) the elector or authorized representative;(b) the persons referred to in subsection (6); and(c) the Presiding Officer of the alternative special polling station. (L.N. 65 of 2000) 34. Chief Electoral Officer to appoint or remove Presiding Officer, etc. for each polling station (L.N. 66 of 2008; L.N. 73 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. (L.N. 65 of 2000)(3) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of any Presiding Officer or polling officer made under subsection (1) or (2). (L.N. 84 of 2004; L.N. 66 of 2008)(4) Where the same place is designated as both a polling station and a counting station under section 28(1A), the Presiding Officer of the polling station is to be regarded as the Presiding Officer of the counting station. (L.N. 66 of 2008) 35. Chief Electoral Officer to supply candidates with copy of final register (1) The Chief Electoral Officer must supply to each candidate for a geographical constituency a copy of the part of the final register which relates to the constituency for which that candidate is nominated. (14 of 2021 s. 106)(2) The Chief Electoral Officer must supply to each candidate for a functional constituency a copy of the part of the final register which relates to the constituency for which that candidate is nominated. (L.N. 73 of 2011; 14 of 2021 s. 106)(3) (Repealed L.N. 84 of 2004)(3A) The Chief Electoral Officer must supply to each candidate for the Election Committee constituency a copy of the Election Committee final register. (14 of 2021 s. 106)(4) A copy under this section must be supplied to a candidate as soon as practicable after the relevant nomination form is submitted to the Returning Officer. There may be added to the copy any additional particulars or information the Chief Electoral Officer thinks fit to include.(5) The form in which the copy is supplied may be in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(6) The copy for the purposes of this section may be supplied to the election agent of a candidate instead of the candidate to whom it is required to be supplied.(L.N. 65 of 2000) 36. Chief Electoral Officer to supply Returning Officer with copy of final register (1) The Chief Electoral Officer must supply to the Returning Officer for a geographical constituency or functional constituency a copy of the part of the final register relating to the constituency for which the Returning Officer is appointed. (14 of 2021 s. 107)(2) (Repealed L.N. 84 of 2004)(2A) The Chief Electoral Officer must supply to the Returning Officer for the Election Committee constituency a copy of the Election Committee final register. (14 of 2021 s. 107)(3) A copy under this section must be supplied after the relevant notice of nominations is published.(4) There may be added to the copy the identity document numbers of the electors 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 in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(L.N. 65 of 2000) 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 electors and authorized representatives to vote, screened from observation.(2) The Chief Electoral Officer must supply to each Presiding Officer, the number of ballot papers the Chief Electoral Officer considers necessary for the constituency or constituencies 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 22A(1) or 22B(1) is given or declarations under section 22A(3) or 22B(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. (L.N. 84 of 2004; 1 of 2019 s. 31; 8 of 2025 s. 7)(3) The Chief Electoral Officer must also supply to the Presiding Officer a copy of the appropriate part of the final register or registers.(4) There may be added to the copy the identity document numbers of the electors 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 in a printed form, a form which is capable of being read by a computer or any other form determined by the Chief Electoral Officer.(6) The Chief Electoral Officer must provide at each polling station—(a) materials; and(b) if the polling station is also assigned for conducting the poll for a geographical constituency, or for conducting the poll for an election for a functional constituency in relation to which the Commission has made a direction under section 57(2), or for conducting the poll for a by-election for the Election Committee constituency in relation to which the Commission has made a direction under section 58A(2)—chops bearing the mark “✓”, with or without other design, (14 of 2021 s. 108; 8 of 2025 s. 7) that are necessary to enable electors and authorized representatives to mark ballot papers. (L.N. 65 of 2000)(7) The Chief Electoral Officer must do other acts and things as that Officer considers necessary for holding the poll effectively.(L.N. 65 of 2000) 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 22A(3) has been made; or(ii) a disqualified candidate regarding whom a declaration referred to in section 22B(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. 32; 8 of 2025 s. 8) 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 names of the polling officers appointed for the polling station for which that Presiding Officer is appointed.(2) The Chief Electoral Officer must supply to the Returning Officer for a constituency a list of the polling officers appointed for the polling stations at which polling for that constituency is to take place. (L.N. 84 of 2004)(3) The Presiding Officer must display the list referred to in subsection (1) in a prominent place— (L.N. 73 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. 73 of 2011) 39. Presiding Officer to exhibit at polling station notice providing information for the guidance of electors (1) The Presiding Officer of a polling station must ensure that a notice providing information for the guidance of electors and authorized representatives in voting procedure is— (L.N. 130 of 2009)(a) exhibited—(i) if the polling station is not a dedicated polling station, outside the polling station; or(ii) if the polling station is a dedicated polling station, inside the polling station; and(b) exhibited inside every voting compartment of the polling station.(1A) The Presiding Officer of a small polling station must ensure that, before the commencement of the poll, a notice providing information of the main counting station designated for counting the votes cast at the polling station is exhibited outside the polling station. (L.N. 84 of 2004 and L.N. 140 of 2004)(1B) The Presiding Officer of a dedicated polling station must ensure that, before the commencement of the poll, there is exhibited inside the polling station a notice providing—(a) information of the ballot paper sorting station, if any, designated for sorting the ballot papers received from the polling station; and(b) information of the counting station or stations designated for counting the votes cast at the polling station. (L.N. 130 of 2009)(2) A notice under subsection (1) must be in the specified form.(L.N. 130 of 2009) 40.

Returning Officer to determine no canvassing zones and no staying zones (1) The Returning Officer for a constituency must determine an area outside each polling station used for polling for that constituency as a no canvassing zone and an area within that area as a no staying zone. A no canvassing zone and a no staying zone are to be determined with reference to a map or plan. (L.N. 84 of 2004)(2) If a polling station is to be used for polling for more than one constituency, the determination of the no canvassing zone and the no staying zone is to be made by the Returning Officer specified for the purpose by the Chief Electoral Officer. (L.N. 84 of 2004)(3) (Repealed 14 of 2021 s. 109)(4) If the polling station is to be used only for one constituency, the Returning Officer for that constituency must give notice to the candidates for that constituency. (L.N. 73 of 2011; 14 of 2021 s. 109)(5) (Repealed L.N. 84 of 2004)(6) If a polling station is to be used for more than one constituency, and the Returning Officer who makes the determination is the Returning Officer for a constituency, that Officer must give notice to the candidates for that constituency and the Returning Officers for the other constituencies. (L.N. 84 of 2004)(7) Notice under subsection (4) or (6) must be given at least 7 days before polling day. (L.N. 84 of 2004; 14 of 2021 s. 109)(8) A Returning Officer who is given notice under subsection (6) must give notice to the candidates for the constituency for which that Officer is appointed as soon as practicable after that Officer receives the notice. (L.N. 84 of 2004)(9) A Returning Officer who makes a determination of a no canvassing zone or a no staying zone may vary either or both those areas in accordance with this section. Subject to subsection (13), 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 (4), (6) or (8). (L.N. 84 of 2004; 14 of 2021 s. 109)(10) 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.(11) If after display under subsection (10), 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.(11A) A Returning Officer may perform any act which that Officer is required or authorized to perform under subsections (9), (10) and (11) through a Presiding Officer. (L.N. 66 of 2008)(12) 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 (10) or (11), as may be applicable.(13) A notice of a variation under subsection (11) 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.(14) 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.(15) 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. (E.R. 6 of 2019)(16) On polling day, a person must not—(a) subject to subsection (17), engage in canvassing for votes in a no canvassing zone; (L.N. 65 of 2000; L.N. 84 of 2004)(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. 84 of 2004; L.N. 66 of 2008)(b) subject to subsection (19), use a sound amplifying system or device for any purpose in the no canvassing zone; (L.N. 73 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; (L.N. 65 of 2000)(ca) subject to subsection (18), without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which— (L.N. 84 of 2004)(i) may promote or prejudice the election of a candidate or candidates at the election; or(ii) makes direct reference to—(A) a body any member of which is standing as a candidate in the election; or(B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 84 of 2004) (L.N. 65 of 2000)(d) stay or loiter in the no staying zone without the express permission of the Presiding Officer.(17) A person may, on polling day, canvass for votes from door to door, without obstructing any person, on the storeys above or below street level, in a building within the no canvassing zone, which—(a) the person is allowed to enter for the purpose of canvassing for votes; and(b) has no polling station inside it. (L.N. 84 of 2004)(18) A person may, for the purpose of canvassing for votes as described in subsection (17), display or wear any badge, emblem, clothing or head-dress referred to in subsection (16)(ca). (L.N. 84 of 2004)(19) 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. 73 of 2011) 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 the canvassing for votes in the no canvassing zone (except as provided in section 40(17)); (L.N. 65 of 2000; L.N. 84 of 2004 and L.N. 140 of 2004)(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. 84 of 2004 and L.N. 140 of 2004; L.N. 66 of 2008)(b) subject to subsection (1A), use a sound amplifying system or device in the no canvassing zone; (L.N. 73 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; (L.N. 65 of 2000)(ca) (except as provided in section 40(18)) without reasonable excuse, display or wear in the no canvassing zone any badge, emblem, clothing or head-dress which— (L.N. 84 of 2004 and L.N. 140 of 2004)(i) may promote or prejudice the election of a candidate or candidates at the election; or(ii) makes direct reference to—(A) a body any member of which is standing as a candidate in the election; or(B) a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election; or (L.N. 84 of 2004 and L.N. 140 of 2004)(L.N. 65 of 2000)(d) stay or loiter in the no staying zone (except where the person has been expressly permitted to do so by the Presiding Officer).(1A) 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. 73 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. 130 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. 130 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. 84 of 2004)(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. 42. Candidates may appoint polling agents (1) Candidates may appoint persons to attend at polling stations on their behalf for any purpose connected with the conduct of a poll, in accordance with this section.(2) Polling agents may be appointed to attend only at the polling stations used for polling for the constituency for which the candidate is standing for election. (L.N. 84 of 2004; 14 of 2021 s. 110)(3) A candidate may appoint a maximum of 2 polling agents for each polling station. (14 of 2021 s. 110)(4)-(5) (Repealed 14 of 2021 s. 110)(6) (Repealed L.N. 84 of 2004)(7) Only a holder of an identity card who has attained the age of 18 years may be appointed as a polling agent. (L.N. 147 of 1998)(8) A candidate must give notice of appointment of a polling agent to the Chief Electoral Officer at least 7 days before polling day. (L.N. 147 of 1998; L.N. 65 of 2000; 12 of 2014 s. 41)(8AA) A notice of appointment given under subsection (8) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 41)(8A) Despite subsections (1), (3) and (8)— (14 of 2021 s. 110)(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; (14 of 2021 s. 110)(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(18)(d) to the presence of the election agent of that candidate in that polling station; (14 of 2021 s. 110)(c) no polling agent may be appointed for a dedicated polling station situated in a maximum security prison; and(d) the appointment of a polling agent for a dedicated polling station situated in a prison is not effective unless— (12 of 2014 s. 41) (i) a notice of appointment is given in accordance with subsection (8); and (ii) the Commissioner of Correctional Services consents to the appointment. (L.N. 130 of 2009; 12 of 2014 s. 41)(8B) Despite subsection (8A)(d), even though a notice of appointment is given during the week before polling day, the Commissioner of Correctional Services may still give consent under that subsection if the Commissioner is satisfied that— (12 of 2014 s. 41) (a) an elector in custody or authorized representative in custody who is entitled to vote for the relevant constituency at the polling station concerned is admitted or transferred to the prison concerned during that week; and(b) the notice of appointment is given without undue delay after the admission or transfer. (L.N. 130 of 2009; 12 of 2014 s. 41)(8C) If the Commissioner of Correctional Services refuses to give consent under subsection (8A)(d), the Commissioner must notify the candidate or the election agent of the candidate as soon as practicable. (L.N. 130 of 2009; 14 of 2021 s. 110)(9) 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 (8), be delivered on the polling day to the Presiding Officer of the polling station— (L.N. 130 of 2009)(a) by the candidate in person; or(b) by the election agent of the candidate in person. (L.N. 147 of 1998; 14 of 2021 s. 110)(10) Subject to subsection (8A)(d), the appointment of a polling agent is not effective until notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000; 12 of 2014 s. 41)(11) A notice of appointment must—(a) be in writing;(b) be in the specified form;(c) state the name, identity card number and residential address of the polling agent; and(d) be signed by the candidate. (14 of 2021 s. 110)(12) 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 (14) or (14A). (L.N. 147 of 1998; L.N. 65 of 2000; L.N. 73 of 2011; 12 of 2014 s. 41)(13) A notice of revocation must be—(a) in writing;(b) in the specified form; and(c) signed by the candidate. (14 of 2021 s. 110)(14) If the 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. 65 of 2000; L.N. 73 of 2011; 12 of 2014 s. 41)(14A) If the notice of revocation is given on the polling day— (L.N. 73 of 2011)(a) (if the polling station for which the polling agent is appointed is not a dedicated polling station situated in a prison) it must be delivered to the Presiding Officer of the polling station—(i) by the candidate in person; or (ii) by the election agent of the candidate in person; or (12 of 2014 s. 41; 14 of 2021 s. 110)(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. (12 of 2014 s. 41)(15) The revocation of the appointment of a polling agent is not effective unless notice is received by the Chief Electoral Officer or the Presiding Officer, as may be appropriate. (L.N. 65 of 2000) 43. Chief Electoral Officer to delineate polling stations on a map and display map (L.N. 130 of 2009)(1) The Chief Electoral Officer must delineate each polling station on one or more maps or plans. (L.N. 130 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. 130 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 a polling station (1) Except where it is provided otherwise in this Regulation, a person must not enter a polling station other than to vote.(2) Subject to subsections (4) and (5), in order to ensure that polling takes place smoothly and efficiently, the Presiding Officer may—(a) regulate the number of electors, 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) a polling officer;(aa) the Chief Returning Officer; (L.N. 65 of 2000)(b) the Returning Officers or Assistant Returning Officers for the constituencies for which the polling station is used; (L.N. 65 of 2000)(c) (Repealed L.N. 84 of 2004)(d) members of the Commission;(e) public officers on duty at the polling station;(f) the Chief Electoral Officer; (L.N. 65 of 2000)(g) public officers authorized in writing by the Chief Electoral Officer; (L.N. 65 of 2000; L.N. 84 of 2004)(h) persons authorized in writing by a member of the Commission; (L.N. 65 of 2000; L.N. 84 of 2004)(i) police officers and members of the Civil Aid Service on duty at the polling station; (L.N. 84 of 2004; 14 of 2021 s. 111)(j) a person authorized in writing by the Returning Officer to act as a liaison officer; or (L.N. 84 of 2004; 14 of 2021 s. 111)(k) an individual who provides the assistance mentioned in section 111(2)(c) pursuant to an authorization under that section. (14 of 2021 s. 111)(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. (14 of 2021 s. 111)(6A) Subsection (6) does not apply to a dedicated polling station situated in a maximum security prison. (L.N. 130 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. (14 of 2021 s. 111)(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. (14 of 2021 s. 111)(9) A candidate, an election agent or polling agent may be present in the polling station subject to the availability of seats in the area designated to accommodate them.(10) A person referred to in subsection (9) who wishes to be admitted to the polling station must, on arriving at the polling station, report in person to the Presiding Officer and produce his or her identity 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 at a polling station on behalf of a candidate. (14 of 2021 s. 111)(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. (L.N. 65 of 2000)(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. (L.N. 147 of 1998) 45. What constitutes an offence at a polling station (1) Subject to subsection (6), if on polling day, within a polling station, a person—(a) communicates with an elector or 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. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004)(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 constituency or constituencies for which the polling station is used for polling, (L.N. 84 of 2004) commits an offence. (L.N. 65 of 2000)(3) A person who, on polling day, engages in the canvassing for votes or displays an election advertisement within a polling station commits an offence. (L.N. 65 of 2000)(4) A person who, on polling day, fails to comply with a lawful order given by the Returning Officer or the Presiding Officer or behaves in a disorderly manner in a no canvassing zone or a no staying zone or within or at a polling station or contravenes section 40(16) 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. 84 of 2004)(a) may promote or prejudice the election of a candidate or candidates at the election; or(b) makes direct reference to a body any member of which is standing as a candidate in the election or to a prescribed body the registered name or registered emblem of which has been printed on any ballot paper for the election, (L.N. 84 of 2004) commits an offence. (L.N. 65 of 2000)(6) Subsection (1) does not apply to—(a) a Returning Officer or an Assistant Returning Officer; (L.N. 84 of 2004)(b) a member of the Commission;(c) the Chief Electoral Officer; (L.N. 147 of 1998)(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. 130 of 2009 and L.N. 197 of 2009)(i) a member of the Civil Aid Service on duty at a polling station; (L.N. 130 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. 130 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. 130 of 2009 and L.N. 197 of 2009)(7) A person who commits an offence— (L.N. 84 of 2004 and L.N. 140 of 2004)(a) under subsection (2) is liable to a fine at level 2 and to imprisonment for 6 months;(b) under subsection (1), (3), (4) or (5) is liable to a fine at level 2 and to imprisonment for 3 months. (L.N. 84 of 2004 and L.N. 140 of 2004)(L.N. 147 of 1998) 46. Presiding Officer to keep order at the polling station (1) The Presiding Officer must keep order at the polling station.(2) If, on polling day, in the polling station or its vicinity, a person—(a) misconducts himself or herself, the Returning Officer or the Presiding Officer may;(b) fails to obey a lawful order of the Returning Officer, that Officer may; or(c) fails to obey a lawful order of the Presiding Officer, that Officer may, order the person to leave the polling station or the vicinity of the polling station, as the case may be, immediately.(2A) If an elector or authorized representative who is allocated to vote at a dedicated polling station fails to cast his or her vote without undue delay pursuant to section 54(4), the Returning Officer or the Presiding Officer may order him or her to leave the polling station immediately. (L.N. 130 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. 130 of 2009)(a) if the polling station is not a dedicated polling station, by a police officer or by a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate; or(b) if the polling station is a dedicated polling station, by—(i) a person authorized in writing by the Returning Officer or the Presiding Officer, as may be appropriate;(ii) an officer of the Correctional Services Department; or(iii) an officer of any law enforcement agency. (L.N. 130 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. 130 of 2009) Division 2 Ballot Boxes and Ballot Papers and Procedure for Voting 47. Design of ballot box A ballot box to be used for an election is to be so constructed that ballot papers can be introduced into it while it is locked but cannot be withdrawn from it without unlocking it or breaking the seal or the sealing device. 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. (L.N. 65 of 2000) 49. Form of ballot papers and order of appearance of names of candidates on ballot papers (14 of 2021 s. 112)(1) A ballot paper to be used to vote for a geographical constituency is to be in Form 1 in Schedule 3.(2) (Repealed 14 of 2021 s. 112)(2A) (Repealed 14 of 2021 s. 112)(3) A ballot paper to be used to vote for a functional constituency is to be in Form 3(a), 3(b), 3(c) or 3(d) in Schedule 3, as appropriate. (L.N. 65 of 2000; L.N. 73 of 2011; 14 of 2021 s. 112; 8 of 2025 s. 9)(3A) Subject to subsection (3B), a ballot paper to be used to vote for the Election Committee constituency is to be in Form 5(a) in Schedule 3. (14 of 2021 s. 112)(3B) If the Commission has made a direction under section 58A(2) in relation to a by-election for the Election Committee constituency, a ballot paper to be used to vote at that by-election is to be in Form 5(b) in Schedule 3. (14 of 2021 s. 112)(4) The Chief Electoral Officer may modify the layout of the form of any ballot paper prescribed in Schedule 3 (except Forms 5(a) and 5(b) in that Schedule) to incorporate particulars relating to candidates to be printed on a ballot paper in accordance with the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M). (L.N. 84 of 2004; L.N. 47 of 2007; L.N. 66 of 2008; 14 of 2021 s. 112)(5) The Commission may decide—(a) to have a ballot paper printed in white or in colour or colour pattern;(b) the colour in which a ballot paper is to be printed or the colour pattern to be printed on a ballot paper;(c) to have different types of ballot paper 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 different types of ballot papers.(6) The order in which the names of candidates appear on a GC ballot paper is to be determined by the Returning Officer by drawing lots. (14 of 2021 s. 112)(6A) A number is to be allocated to each candidate for a geographical constituency according to the result of the draw, and the number is to be printed on the ballot paper against the name of the candidate. (14 of 2021 s. 112)(6B) (Repealed 14 of 2021 s. 112)(7) The order in which the names of candidates appear on an FC ballot paper is to be determined by the Returning Officer by the drawing of lots. (L.N. 147 of 1998; L.N. 73 of 2011; 14 of 2021 s. 112)(8) Each functional constituency is to be assigned one or more letters of the alphabet by the Chief Electoral Officer as the code of the functional constituency. (L.N. 73 of 2011 and 11 of 2012 s. 63; 14 of 2021 s. 112)(8A) Each candidate for a functional constituency is to be allocated a number preceded by the code assigned under subsection (8), according to the result of the draw. The code and the number are to be printed on the ballot paper against the name of the candidate. (L.N. 73 of 2011 and 11 of 2012 s. 63; 14 of 2021 s. 112)(9) (Repealed 14 of 2021 s. 112)(10) (Repealed L.N. 84 of 2004)(10A) The order in which the names of candidates appear on an ECC ballot paper is to be determined by the Returning Officer by drawing lots. (14 of 2021 s. 112)(10B) A number is to be allocated to each candidate for the Election Committee constituency according to the result of the draw, and the number is to be printed on the ballot paper against the name of the candidate. (14 of 2021 s. 112)(11) 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.(12) The Returning Officer must give notice to each candidate of the arrangements for the drawing of lots under this section. (14 of 2021 s. 112)(13) A ballot paper is to contain the following information—(a) the name of the candidate;(aa) insofar as may be applicable to the candidate, the particulars specified in the Schedule to the Particulars Relating to Candidates on Ballot Papers (Legislative Council and District Councils) Regulation (Cap. 541 sub. leg. M); and (L.N. 66 of 2008; L.N. 143 of 2019)(b) (Repealed L.N. 143 of 2019)(c) the number or a letter of the alphabet allocated to the candidate under this section. (14 of 2021 s. 112)(13A) In the case of the death or disqualification of a candidate who has been allocated a number or a letter of the alphabet under this section, the name of the candidate and the information under subsection (13) 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). (L.N. 65 of 2000; 1 of 2019 s. 33; 8 of 2025 s. 9)(13B) The number or letter of the alphabet allocated to a candidate under this section is not to be altered even if the information relating to another candidate for the constituency concerned who has died or is disqualified is omitted from the ballot paper, crossed out or endorsed with a marking under subsection (13A). (L.N. 65 of 2000; L.N. 84 of 2004; 8 of 2025 s. 9)(14) A ballot paper is to have the date and description of the election printed on the front of it.(15) 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.(16) A notice required to be given to a candidate under subsection (12) may be given to the election agent instead of to the candidate. (L.N. 147 of 1998) 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. 113) 50. Ballot paper to be given to person only if Presiding Officer is satisfied of person’s identity (1) The Presiding Officer must not give a ballot paper to a person unless that Officer is satisfied, by inspecting the document or documents set out in subsection (1A) or (1B), that he or she is the person registered in the final register, whom he or she claims to be. (L.N. 129 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. 148 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. 148 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. 148 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. 148 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. 148 of 2018)(iii) (Repealed L.N. 148 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. 129 of 2017)(2) A person is not to be prevented from voting only due to an omission or inaccuracy of a particular required to be recorded in a final register, other than the omission of both the person’s name and the identity document number. 51. Questions to be asked from persons applying for a ballot paper (1) The Presiding Officer may, at the time a person applies for a ballot paper, but not afterwards, ask, in case of doubt, the appropriate questions set out in subsection (3). (L.N. 147 of 1998)(2) When asking the questions, the Presiding Officer must have regard to whether the ballot paper applied for is a GC ballot paper, an FC ballot paper or an ECC ballot paper and the person applying for the ballot paper is an elector or an authorized representative. That Officer must choose, frame, adjust or modify the questions accordingly. (L.N. 84 of 2004; 14 of 2021 s. 114)(3) The questions referred to in subsections (1) and (2) are—(a) “Are you the person registered in the final register now in effect for this geographical constituency, 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地方選區正有效的正式登記冊上，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) “Are you the person registered in the final register now in effect for this functional constituency, 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功能界別正有效的正式登記冊上，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)?”;(c) (Repealed L.N. 84 of 2004)(ca) “Are you the person registered in the Election Committee final register, as follows (the Presiding Officer to read the whole entry as it is recorded in the register)?” or “你是否已登記在選舉委員會正式委員登記冊上，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)?”; (14 of 2021 s. 114)(d) “Have you already voted for this or any other geographical constituency in this election?” or “在這次選舉中，你是否已經就本地方選區或任何其他地方選區投票？”;(e) “Have you already voted for this functional constituency in this election?” or “在這次選舉中，你是否已經就本功能界別投票？”; (L.N. 84 of 2004; 14 of 2021 s. 114)(f) (Repealed L.N. 84 of 2004)(g) “Have you already voted for the Election Committee constituency in this election?” or “在這次選舉中，你是否已經就選舉委員會界別投票?”. (14 of 2021 s. 114)(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 give a ballot paper to any person who fails to answer the questions asked of that person under this section to the satisfaction of that Officer. 52. A candidate or election agent or polling agent may challenge a person who has applied for a ballot paper or who has voted (L.N. 66 of 2008)(1) If a candidate, an election agent or a polling agent declares to the Presiding Officer that he or she has reasonable cause to believe that a person has engaged in corrupt conduct by impersonation and undertakes in writing to substantiate the allegation in a court, the Presiding Officer may take the step specified in subsection (2A). A candidate or an election agent or a polling agent may so declare only at the time a person applies for the ballot paper or after a person has applied for a ballot paper and before he or she has left the polling station.(2) If the Presiding Officer has reason to believe that a person applying for a ballot paper or who has applied for a ballot paper and who has not left the polling station has engaged in corrupt conduct by impersonation, the Presiding Officer may take the step specified in subsection (2A).(2A) The step specified for the purposes of subsections (1) and (2) is—(a) if the polling station is not a dedicated polling station, requesting a police officer to arrest the person concerned; or(b) if the polling station is a dedicated polling station, requesting an officer of the Correctional Services Department or any law enforcement agency to remove the person concerned from the polling station and report the case to the police. (L.N. 130 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. 73 of 2011)(4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (10 of 2000 s. 47)(10 of 2000 s. 47; L.N. 130 of 2009) 53. Presiding Officer to issue one or more ballot papers depending on the entitlement to vote (1) At a polling station used only for polling for a geographical constituency, the Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper.(2) At a polling station used only for polling for a functional constituency, the Presiding Officer is to issue only one ballot paper to an elector or authorized representative who applies for a ballot paper.(3) (Repealed L.N. 84 of 2004)(3A) At a polling station used only for polling for the Election Committee constituency, the Presiding Officer is to issue only one ballot paper to an elector who applies for a ballot paper. (14 of 2021 s. 115)(4) At a GC polling station that is also used for polling for one or more functional constituencies—(a) if an elector is entitled to vote for the relevant geographical constituency (GC elector)—the Presiding Officer must issue a GC ballot paper to the elector;(b) if the GC elector is also entitled to vote for a functional constituency as an elector and the polling station is used for polling for that constituency—the Presiding Officer must also issue the FC ballot paper for that constituency to the elector; and(c) if the GC elector is also entitled to vote for a functional constituency as an authorized representative and the polling station is used for polling for that constituency—the Presiding Officer must also issue the FC ballot paper for that constituency to the elector. (14 of 2021 s. 115)(4AA) At an ECC polling station—(a) if an elector is entitled to vote for the Election Committee constituency (ECC elector)—the Presiding Officer must issue an ECC ballot paper to the elector;(b) if the ECC elector is also entitled to vote for a geographical constituency and the polling station is used for polling for that constituency—the Presiding Officer must also issue a GC ballot paper for that constituency to the elector;(c) if the ECC elector is also entitled to vote for a functional constituency as an elector and the polling station is used for polling for that constituency—the Presiding Officer must also issue the FC ballot paper for that constituency to the elector; and(d) if the ECC elector is also entitled to vote for a functional constituency as an authorized representative and the polling station is used for polling for that constituency—the Presiding Officer must also issue the FC ballot paper for that constituency to the elector. (14 of 2021 s. 115)(4A) If an elector or authorized representative is entitled to be issued with 2 or more ballot papers, all the ballot papers must be handed over to him or her at the same time. (12 of 2014 s. 65)(5) (Repealed L.N. 84 of 2004)(6) Before issuing a ballot paper or ballot papers under this section, the name of the elector or authorized representative, as may be applicable, as stated in the copy of the relevant final register supplied under section 37(3) must be called out. (L.N. 65 of 2000)(7) Immediately before issuing the ballot paper or ballot papers, the Presiding Officer must— (L.N. 65 of 2000; 14 of 2021 s. 115)(a) if a printed copy of the relevant final register is used to record the issue—mark the copy by placing a line across the name and identity document number of the elector or authorized representative; or(b) if an FR electronic copy or extract (as defined by section 109) of the relevant final register is used to record the issue—make, by using an electronic device, a record in the entry relating to the elector or authorized representative in the FR electronic copy or extract,to denote that the ballot paper or ballot papers the elector 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. 115)(8) No record is to be made of the particular ballot paper or ballot papers issued to an elector or authorized representative.(L.N. 147 of 1998) 53A. Elector who has not cast vote may not return to cast vote unless permitted (12 of 2014 s. 66)(1) Subject to subsection (5), if an elector—(a) has been issued with one or more ballot papers; and(b) has left the polling station without casting the vote or any or all of the votes, the elector must not cast the uncast vote or votes when the elector returns to the polling station before the close of the poll unless— (12 of 2014 s. 66)(c) before leaving the polling station, the elector has—(i) made a request to the Presiding Officer for permission to cast the uncast vote or votes before the close of the poll;(ii) informed the Presiding Officer of the reason for leaving the polling station without casting the vote or any or all of the votes; and(iii) returned the ballot paper or papers, unmarked, to the Presiding Officer; (L.N. 130 of 2009)(d) the Presiding Officer has granted the requested permission; and (L.N. 130 of 2009)(e) if the polling station is a dedicated polling station situated in a prison, the elector returns to the polling station within the time slot assigned to him or her under subsection (2A) or section 27(2A). (L.N. 130 of 2009; 12 of 2014 s. 66)(2) If an elector has complied with subsection (1)(c), 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.(2A) If the Presiding Officer of a dedicated polling station situated in a prison grants the permission to an elector under subsection (1), the Commissioner of Correctional Services must, as far as practicable—(a) assign to the elector a new time slot during the polling hours appointed for the polling station; and(b) notify the elector of the new time slot. (L.N. 130 of 2009)(3) If the Presiding Officer grants the permission to an elector under subsection (2), that Officer must—(a) keep in custody the ballot paper or papers returned by the elector under subsection (1)(c)(iii); and(b) on the elector’s return to the polling station before the close of the poll to cast the uncast vote or votes, re-issue the ballot paper or papers to the elector in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N. 130 of 2009; 12 of 2014 s. 66)(4) If the Presiding Officer does not grant the permission to an elector under subsection (2), that Officer must immediately re-issue to the elector the ballot paper or papers returned under subsection (1)(c)(iii). (12 of 2014 s. 66)(5) An elector who—(a) has been issued with one or more ballot papers;(b) has become incapacitated from voting or completing the voting by physical illness; and(c) has left the polling station after—(i) returning the ballot paper or any or all of the ballot papers, unmarked, to the Presiding Officer; or(ii) leaving the ballot paper or any or all of the ballot papers, unmarked, behind in the polling station without putting it or them into the ballot box or boxes (if the Presiding Officer is aware that the elector has so left the ballot paper or papers behind before leaving the polling station), may return to the polling station before the close of the poll and cast the uncast vote or votes. (12 of 2014 s. 66)(5A) If an elector in custody leaves a dedicated polling station situated in a prison under subsection (5), the Commissioner of Correctional Services must, as far as practicable—(a) assign to the elector a new time slot during the polling hours appointed for the polling station; and(b) notify the elector of the new time slot. (L.N. 130 of 2009)(5B) The right of an elector in custody who is allocated to vote at a dedicated polling station situated in a prison to cast the vote under subsection (5) is subject to the elector’s returning to the polling station within the time slot assigned to him or her under subsection (5A) or section 27(2A). (L.N. 130 of 2009)(6) If any ballot paper is returned under subsection (5)(c)(i) or left behind in the polling station under subsection (5)(c)(ii) by an elector, the Presiding Officer must—(a) keep in custody the ballot paper; and(b) on the elector’s return to the polling station before the close of the poll to cast the vote, re-issue the ballot paper to the elector in the presence of a police officer or, if the polling station is a dedicated polling station, an officer of the Correctional Services Department or any law enforcement agency. (L.N.

130 of 2009)(7) For the purposes of this Regulation, re-issuing a ballot paper under subsection (3), (4) or (6) is to be regarded as issuing a ballot paper under section 53(1), (2), (3A) or (4). (14 of 2021 s. 116)(8) In this section, references to “elector” are to be construed as including an authorized representative. (L.N. 140 of 2004)(L.N. 84 of 2004) 54. Procedure for voting (1) When an elector or authorized representative is issued with a ballot paper or ballot papers, he or she must immediately go into a voting compartment and mark the ballot paper or ballot papers as appropriate. After marking the ballot paper or ballot papers, the elector or authorized representative must, before leaving the voting compartment, conceal the mark or marks on it or them in the appropriate manner described in subsection (3) or (3A), or as directed by the Commission under subsection (3B), and put the ballot paper or ballot papers, into the correct ballot box. (L.N. 84 of 2004; 11 of 2012 s. 45; 14 of 2021 s. 117)(2) (Repealed L.N. 84 of 2004)(3) An elector voting for a geographical constituency must put the ballot paper, unfolded, into the ballot box with the marked side facing down. (L.N. 73 of 2011; 14 of 2021 s. 117)(3A) An elector or authorized representative voting for a functional constituency must put the ballot paper, unfolded, into the ballot box with the marked side facing down. (L.N. 73 of 2011; 14 of 2021 s. 117)(3B) The Commission may direct, in a way it thinks fit, an elector voting for the Election Committee constituency—(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. (14 of 2021 s. 117)(4) An elector or an authorized representative must cast his or her vote without undue delay. An elector or authorized representative must leave the polling station as soon as he or she has put the ballot paper or ballot papers into the ballot box or ballot boxes.(5) Subject to subsections (3), (3A) and (3B), a person must not put anything other than a marked ballot paper into the ballot box. (L.N. 84 of 2004; L.N. 73 of 2011; 14 of 2021 s. 117)(6) 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. (L.N. 65 of 2000)(7) In this section, voting compartment (投票間) means a compartment provided under section 37(1) for the purpose of marking ballot papers. (E.R. 6 of 2019) 55. How geographical constituency ballot papers are to be marked (L.N. 73 of 2011; 14 of 2021 s. 118)(1) An elector voting for a geographical constituency must mark his or her ballot paper with the chop provided under section 37(6) for the purpose. (L.N. 65 of 2000; L.N. 73 of 2011)(2) The chop is to be affixed to give a single “✓” in the circle opposite the candidate of the elector’s choice on the ballot paper. (L.N. 65 of 2000)(14 of 2021 s. 118) 56. (Repealed 14 of 2021 s. 119) 57. How functional constituency ballot papers are to be marked (1) Subject to subsection (2), an elector or authorized representative voting for a functional constituency must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of the elector’s or authorized representative’s choice.(2) The Commission may, in relation to an election for a functional constituency, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “✓”, with or without any design.(3) If the Commission makes a direction under subsection (2) in relation to an election—(a) an elector or authorized representative voting at the election must mark the ballot paper with the chop provided under section 37(6) for the purpose; and(b) the chop is to be affixed to give a single “✓” in each of the circles on the ballot paper opposite the names of the candidates of the elector’s or authorized representative’s choice.(4) An elector or authorized representative may vote for a number of candidates not exceeding the number of Members to be returned for that functional constituency.(8 of 2025 s. 10) 58. (Repealed L.N. 84 of 2004) 58A. How ECC ballot papers are to be marked (1) Subject to subsection (2), an elector voting for the Election Committee constituency must mark the ballot paper by filling in black the ovals on it opposite the names of the candidates of the elector’s choice.(2) The Commission may, in relation to a by-election for the Election Committee constituency, direct that the ballot paper must be marked with a chop provided for that purpose by the Chief Electoral Officer at the polling station and bearing the mark “✓”, with or without any design. (E.R. 3 of 2021)(3) If the Commission makes a direction under subsection (2) in relation to a by-election—(a) an elector voting at the by-election must mark the ballot paper with the chop provided under section 37(6) for the purpose; and(b) the chop is to be affixed to give a single “✓” in each of the circles on the ballot paper opposite the names of the candidates of the elector’s choice. (E.R. 3 of 2021)(4) An elector voting for the Election Committee constituency must vote for a number of candidates that is equal to the number of Members to be returned for the Election Committee constituency at the election.(14 of 2021 s. 121) 59. Marking of ballot papers for or by incapacitated person (1) The Presiding Officer may mark a ballot paper for an elector 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 an elector 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 55, 57 or 58A (as may be applicable), according to the choice of the elector or authorized representative. The Presiding Officer must put the ballot paper into the ballot box, in the appropriate manner described in section 54 in the presence of a polling officer, after marking it. (L.N. 84 of 2004; 14 of 2021 s. 122)(3) An elector 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. 60. When a person is to be issued with a ballot paper marked “重複” and “TENDERED” (1) Subject to subsection (2) and section 53A, if a person (the first-mentioned person) representing himself or herself to be a particular elector or authorized representative applies for a ballot paper after a person has been issued with a ballot paper on the basis that he or she is the 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— (L.N. 84 of 2004)(a) the Presiding Officer is not certain that the first-mentioned person is the person who has been issued with a ballot paper; and(b) the first-mentioned person answers the appropriate questions set out in section 51 to the satisfaction of the Presiding Officer.(L.N. 84 of 2004; L.N. 66 of 2008) 61. What ballot papers are to be marked “未用” and “UNUSED” by the Presiding Officer (1) Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words “未用” and “UNUSED” on any ballot paper that has been issued but has not been put into the ballot box.(2) References in this Regulation to an “unused ballot paper” are to be construed as a reference to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1). 62. What ballot papers are to be marked “損壞” and “SPOILT” by the Presiding Officer (1) If an elector 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 the Presiding Officer and establishes to the satisfaction of the Presiding Officer inadvertence or the fact that he or she made an error.(3) The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it with the words “損壞” and “SPOILT”. 63. Steps to be taken at the close of the poll: a polling station which is also a counting station (L.N. 130 of 2009)(1) As soon as practicable after the close of the poll at a polling station which is also designated as a counting station, the Presiding Officer must display a notice in a prominent place outside the polling station stating that the poll has been closed and that it will be opened when it is ready for use for the counting of votes. (L.N. 84 of 2004)(1A) A candidate, and an election agent, a polling agent and a counting agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for the preparation for the counting of votes. (L.N. 84 of 2004; L.N. 66 of 2008)(2) After complying with subsection (1), the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps—(a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them;(b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered;(c) use a padlock to keep the device secured in position;(d) seal each ballot box; and(e) make up into separate sealed packets—(i) ballot papers which have not been issued;(ii) the unused ballot papers;(iii) the spoilt ballot papers; and(iv) if the copy of the relevant final register or registers has been marked under section 53(7)(a)—the marked copy. (14 of 2021 s. 123)(2A) The Presiding Officer must, after complying with subsection (2), keep the sealed ballot box or boxes under that Officer’s control until the counting of votes begins. (L.N. 84 of 2004)(3) At a polling station used for polling for more than one constituency, the Presiding Officer must make separate sealed packets for each constituency. (L.N. 84 of 2004)(4) For the avoidance of doubt, it is stated that the ballot papers in a sealed packet prepared under this section are not to be counted for the purpose of counting the votes. Accordingly, the references to ballot papers in relation to the counting of the votes are to be construed as not including those ballot papers. (E.R. 6 of 2019) 63A. Steps to be taken at the close of the poll: a polling station which is not a counting station (L.N. 130 of 2009)(1) As soon as practicable after the close of the poll at a small polling station or a dedicated polling station, the Presiding Officer of that polling station must, in the presence of the persons, if any, who are present within the polling station, take the following steps— (L.N. 130 of 2009)(a) place the ballot box or boxes where that Officer and other persons who are present within the polling station can see them;(b) cover each ballot box with a device provided for that purpose so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is covered;(c) use a padlock to keep the device secured in position;(d) seal each ballot box; and(e) make up into separate sealed packets—(i) ballot papers which have not been issued;(ii) the unused ballot papers;(iii) the spoilt ballot papers; and(iv) if the copy of the relevant final register or registers has been marked under section 53(7)(a)—the marked copy. (14 of 2021 s. 124)(2) A candidate and an election agent and a polling agent of such candidate may stay in a polling station referred to in subsection (1) while it is closed for taking the steps referred to in subsection (1)(a), (b), (c), (d) and (e).(2A) An election agent or a polling agent may not stay under subsection (2) in a dedicated polling station situated in a maximum security prison. (L.N. 130 of 2009)(3) The Presiding Officer of the small polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to the Presiding Officer of the main counting station. (L.N. 140 of 2004)(4) The Presiding Officer of the dedicated polling station must then deliver the ballot box or boxes, the sealed packets and the ballot paper accounts prepared by that Officer to— (L.N. 197 of 2009)(a) the Presiding Officer of the ballot paper sorting station or the main counting station concerned; or(b) the Returning Officer of the counting station, as advised by the Chief Electoral Officer. (L.N. 130 of 2009; L.N. 197 of 2009)(L.N. 84 of 2004) 64. Presiding Officer to prepare ballot paper account (1) For each type of 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.(2) In this section, a reference to type of ballot papers means the following type of ballot papers—(a) ECC ballot papers;(b) FC ballot papers; or(c) GC ballot papers.(8 of 2025 s. 11) Part 4 Counting of Votes: General Election and By-elections Division 1 Matters relating to Counting Stations (14 of 2021 s. 125) 65. Returning Officer and Presiding Officer to give notice of time and place of counting of votes to candidates (1) Subject to subsection (7), the Returning Officer or the Presiding Officer, as may be appropriate, is to determine the time at which the counting of the votes in respect of a constituency is to begin.(2) The time determined under subsection (1) for a constituency must be a time after the poll has closed at all the polling stations at which polling for that constituency was conducted. (L.N. 84 of 2004)(2A) Despite subsection (2), the time determined under subsection (1) in respect of sorting ballot papers at the ballot paper sorting station—(a) must be a time after the poll has closed at all the dedicated polling stations situated in prisons at which polling for the constituency concerned was conducted; and(b) may be a time before the poll has closed at all the other polling stations at which polling for the constituency concerned is conducted. (L.N. 130 of 2009)(3) The Returning Officer must give notice in writing to each candidate for a constituency of the place or places at which counting is to take place for the constituency contested by the candidate. (L.N. 66 of 2008)(4) (Repealed L.N. 84 of 2004)(5) Notice under subsection (3) must be given at least 10 days before the polling day. (12 of 2014 s. 99)(5A) The Presiding Officer must, before the counting of votes begins, display a notice in a prominent place outside the counting station stating the time that the counting station will be opened to the public to observe the counting of votes. (L.N. 84 of 2004)(6) If a poll for a constituency is adjourned under Schedule 2, the counting of the votes for that constituency is to stand postponed.(7) If the counting of the votes stands postponed under subsection (6), the Chief Electoral Officer is to determine a time for the counting to begin and the place or places for it to take place. The time must be after the adjourned poll is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate of the relevant constituency of the time and place.(7A) Where the Commission has given a direction under section 75A that the counting of votes cast at a polling station in respect of a geographical constituency is to take place or continue to take place at a counting station specified by the Chief Electoral Officer, the Returning Officer must give notice, which may be oral or in writing, to each candidate for the constituency of the time and place at which the counting is to take place or continue to take place. (L.N. 66 of 2008)(8) A notice required to be given under this section may be given to the election agent or counting agent of a candidate instead of to the candidate. (14 of 2021 s. 126)(8A) (Repealed 14 of 2021 s. 126)(9) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station or a dedicated polling station. (L.N. 84 of 2004; L.N. 130 of 2009)(L.N. 84 of 2004) 66. Candidates may appoint counting agents (1) A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the constituency contested by the candidate in accordance with this section. (L.N. 84 of 2004; L.N. 73 of 2011; 14 of 2021 s. 127)(2) The Commission is to determine the maximum number of counting agents a candidate may appoint. (14 of 2021 s. 127)(3) (Repealed 14 of 2021 s. 127)(4) Only a holder of an identity card who has attained the age of 18 years may be appointed as a counting agent. (L.N. 147 of 1998)(5) A candidate must give notice of appointment of a counting agent to the Returning Officer at least 7 days before polling day. (L.N. 147 of 1998; L.N. 84 of 2004; 12 of 2014 s. 42)(5A) A notice of appointment given under subsection (5) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (12 of 2014 s. 42)(6) If notice is not given under subsection (5), it must be delivered on polling day to the Returning Officer or the Presiding Officer, as may be appropriate— (L.N. 84 of 2004)(a) by the candidate in person; or(b) by the election agent of the candidate in person. (L.N. 147 of 1998; 14 of 2021 s. 127)(7) A notice of appointment must—(a) be in writing;(b) be in the specified form;(c) state the name, identity card number and residential address of the counting agent; and(d) be signed by the candidate. (14 of 2021 s. 127)(8) The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)(9) If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer or the Presiding Officer in accordance with subsection (10A) or (11). (L.N. 147 of 1998; L.N. 84 of 2004; 12 of 2014 s. 42)(10) A notice of revocation must be—(a) in writing;(b) in the specified form; and(c) signed by the candidate. (14 of 2021 s. 127)(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. (12 of 2014 s. 42)(11) If the notice of revocation is given on polling day, it must be delivered to the Returning Officer or the Presiding Officer, as may be appropriate—(a) by the candidate in person; or (b) by the election agent of the candidate in person. (12 of 2014 s. 42; 14 of 2021 s. 127)(12) A revocation of the appointment of a counting agent is not effective until notice of it is received by the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)(L.N. 147 of 1998) 66A. Appointment of Presiding Officer of ballot paper sorting station (1) The Chief Electoral Officer must appoint a Presiding Officer to preside at each ballot paper sorting station.(2) The Chief Electoral Officer may, at any time, with reasonable cause, revoke any appointment made under subsection (1).(L.N. 130 of 2009) 67. Chief Electoral Officer to appoint or revoke counting officers (1) The Chief Electoral Officer may appoint, as counting officers, persons that Officer considers suitable to assist a Returning Officer or a Presiding Officer in counting the votes. (L.N. 65 of 2000)(2) The Chief Electoral Officer must supply to the Returning Officer or the Presiding Officer a list of the counting officers appointed to assist that 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 made under subsection (1). (L.N. 84 of 2004; L.N. 66 of 2008)(L.N. 84 of 2004) 68. Who may be present at the counting of the votes (1) Subject to subsections (2) and (5), only the Chief Returning Officer, Returning Officer, Assistant Returning Officers, Presiding Officer, Deputy Presiding Officer and Assistant Presiding Officers and the following persons may be present at the counting of the votes— (L.N. 84 of 2004)(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;(ga) public officers authorized in writing by the Chief Electoral Officer; or (L.N. 65 of 2000)(h) persons authorized in writing by a member of the Commission.(2) No other person may be present at the counting of the votes except with the permission of—(a) if the counting takes place at a counting zone of the central counting station, the Chief Returning Officer, or the Returning Officer in charge of that counting zone;(b) if the counting takes place at a counting zone of any other counting station, the Presiding Officer who supervises the counting station. (L.N. 65 of 2000)(3) The Chief Returning Officer, and the Returning Officer in charge of the counting zone are to ensure that the arrangements for the counting of the votes at a counting zone of the 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.(3A) The Presiding Officer who supervises a counting station is to ensure that the arrangements for the counting of the votes at a counting zone of that counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted. (L.N. 65 of 2000)(4) Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of the votes at the counting zone or zones. On arriving at the counting station, an election agent or counting agent must report in person to the Returning Officer or the Presiding Officer, as may be appropriate, and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her. (L.N. 66 of 2008)(5) The Chief Returning Officer (in the case of the central counting station), or the Presiding Officer who supervises the counting station (in the case of any other counting station), may, if that Officer considers it appropriate and practicable without disrupting the count and prejudicing the secrecy of the individual votes, permit members of the public to observe the counting of the votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate.(L.N. 65 of 2000; L.N. 84 of 2004) 68A. What constitutes an offence at a counting station (1) A person who, during the relevant period, films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of—(a) (i) in the case of the central counting station, the Chief Returning Officer, or the Returning Officer in charge of that counting zone;(ii) in the case of any other counting station, the Presiding Officer who supervises the counting station; or (L.N. 84 of 2004)(b) any member of the Commission, commits an offence.(2) In subsection (1), relevant period (有關期間), in relation to a counting zone, means the period commencing from the time, determined under section 65, at which the counting of the votes is to begin at the zone and ending upon the completion of the counting and re-count, if any, at the zone.(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 the central counting station, the Chief Returning Officer, or the Returning Officer in charge of a counting zone of the counting station; or(b) in the case of any other counting station, the Presiding Officer who supervises the counting station, (L.N. 84 of 2004) 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.(L.N. 65 of 2000) 69. Returning Officers or Presiding Officers to keep order at the counting station (1) The Chief Returning Officer, and the Returning Officers in charge of a counting zone of the central counting station must keep order at the central counting station. (L.N. 65 of 2000)(1A) The Presiding Officer who supervises a counting station must keep order at that counting station. (L.N. 65 of 2000; L.N. 84 of 2004)(2) If, at or in the vicinity of the central counting station, a person—(a) misconducts himself or herself; or(b) fails to obey a lawful order of—(i) the Chief Returning Officer who supervises the counting station; or(ii) the Returning Officer in charge of a counting zone of the counting station, the Chief Returning Officer or the Returning Officer, as may be appropriate, may order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately. (L.N. 84 of 2004 and L.N. 140 of 2004)(2A) If, at or in the vicinity of a counting station other than the central counting station, a person—(a) misconducts himself or herself; or(b) fails to obey a lawful order of the Presiding Officer who supervises the counting station, the Presiding Officer may order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately. (L.N. 84 of 2004)(3) If a person fails to leave when ordered to do so under subsection (2) or (2A), the person may be removed by a police officer or by a person authorized in writing by the Chief Returning Officer, the Returning Officer or the Presiding Officer, as may be appropriate. (L.N. 84 of 2004)(4) A person who is removed under subsection (3) may not enter the relevant counting station again on that day, unless the Officer who ordered his or her removal permits him or her to do so.(5) (Repealed L.N. 65 of 2000) Division 2 Procedures for Counting of Votes (14 of 2021 s. 128) 69A. Interpretation (Division 2 of Part 4) (1) In this Division—approved programme (認可程式) means any computer software that the Commission is satisfied is programmed to count the votes recorded on the ballot papers for one or more constituencies so as to give an accurate result; (8 of 2025 s. 12)ECC ballot box (選委會界別票箱) means a ballot box for the receipt of ECC ballot papers;FC ballot box (功能界別票箱) means a ballot box for the receipt of FC ballot papers;GC ballot box (地方選區票箱) means a ballot box for the receipt of GC ballot papers.(2) In this Division—(a) a reference to the handing over of any item (including a ballot box or receptacle) to a person includes the giving of the item into the charge of that person; and(b) a reference to any ECC ballot paper (except in section 78A) includes an envelope that contains, or appears to contain, any ECC ballot paper.(3) Without limiting section 3(2), for the purposes of a by-election for a functional constituency or the Election Committee constituency, a reference in this Division to the central counting station is to be construed as a reference to the counting station for counting the votes cast for that constituency.(14 of 2021 s. 128) 70. FC ballot boxes and ECC ballot boxes to be delivered to central counting station (1) The Presiding Officer of a polling station that is also designated as a counting station (other than a main counting station) must deliver, or arrange to be delivered, to the central counting station—(a) the FC ballot boxes from that polling station;(b) the sealed packets made by the Officer under section 63(2)(e)(i), (ii) and (iii) for functional constituencies; and(c) the ballot paper accounts prepared by the Officer under section 64 for functional constituencies.(2) The Presiding Officer of a polling station that is also designated as a main counting station must deliver, or arrange to be delivered, to the central counting station—(a) the FC ballot boxes from that polling station;(b) the sealed packets made by the Officer under section 63(2)(e)(i), (ii) and (iii) for functional constituencies;(c) the ballot paper accounts prepared by the Officer under section 64 for functional constituencies; and(d) the following items that were delivered to the Officer under section 63A(3) from a small polling station or under section 63A(4) from a dedicated polling station—(i) FC ballot boxes;(ii) sealed packets made under section 63A(1)(e)(i), (ii) and (iii) for functional constituencies; and(iii) ballot paper accounts prepared under section 64 for functional constituencies.(3) The Presiding Officer of a ballot paper sorting station must deliver, or arrange to be delivered, to the central counting station the following items that were delivered to the Officer under section 63A(4) from a dedicated polling station—(a) FC ballot boxes;(b) sealed packets made under section 63A(1)(e)(i), (ii) and (iii) for functional constituencies; and(c) ballot paper accounts prepared under section 64 for functional constituencies.(4) The Presiding Officer of an ECC polling station must deliver, or arrange to be delivered, to the central counting station—(a) the ECC ballot boxes from that polling station;(b) the sealed packets made by the Officer under section 63(2)(e)(i), (ii) and (iii) or 63A(1)(e)(i), (ii) and (iii) for the Election Committee constituency; and(c) the ballot paper account prepared by the Officer under section 64 for the Election Committee constituency.(5) Subsection (1) applies to a by-election for a functional constituency as if—(a) the reference to “a polling station that is also designated as a counting station (other than a main counting station)” in that subsection were a reference to a polling station for that constituency; and(b) the references to ballot boxes, sealed packets and ballot paper accounts in that subsection were references to ballot boxes, sealed packets and ballot paper accounts for that constituency.(14 of 2021 s. 129) 71. Arrangements for the supervision of counting station and counting zone (1) The Chief Returning Officer is to supervise the central counting station, in which—(a) the Returning Officer for a functional constituency is to be in charge of the counting zone for that constituency; and(b) the Returning Officer for the Election Committee constituency is to be in charge of the counting zone for that constituency. (14 of 2021 s. 130)(2) A counting station for counting the votes for a geographical constituency is to be supervised by the Presiding Officer of that counting station. (L.N. 84 of 2004)(3) (Repealed L.N. 84 of 2004)(4) The Chief Returning Officer and the Returning Officers are to be assisted by one or more Assistant Returning Officers.(5) The Presiding Officer may be assisted by one Deputy Presiding Officer and one or more Assistant Presiding Officers. (L.N. 84 of 2004)(6) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station or a dedicated polling station. (L.N. 84 of 2004; L.N. 130 of 2009)(L.N. 65 of 2000) 72. FC ballot boxes, ECC ballot boxes, etc. delivered to central counting station to be handed over to Returning Officer (1) After the FC ballot boxes, and the sealed packets and ballot paper accounts for functional constituencies, from a polling station are delivered to the central counting station under section 70, they are to be handed over to the Returning Officer for a functional constituency.(2) After the ECC ballot boxes, and the sealed packets and ballot paper account for the Election Committee constituency, from an ECC polling station are delivered to the central counting station under section 70, they are to be handed over to the Returning Officer for the Election Committee constituency.(3) If the Chief Returning Officer considers that the arrangement described in subsection (1) or (2) is not practicable, the Officer may—(a) modify that arrangement; and(b) modify any other arrangement described in this Division that becomes not practicable because of the modification under paragraph (a).(14 of 2021 s. 131) 73. Returning Officer at central counting station to open FC ballot boxes, ECC ballot boxes, etc. (1) After an FC ballot box or ECC ballot box, or a receptacle containing FC ballot papers or ECC ballot papers, is handed over to a Returning Officer at the central counting station, the Officer must open it by breaking the seal in the presence of the candidates, or their election agents or counting agents, who are 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, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of.(3) No person may be permitted under subsection (2) to inspect a ballot paper.(14 of 2021 s. 131) 73A. Presiding Officer of counting station to open GC ballot boxes etc. (1) The Presiding Officer of a counting station must open a GC ballot box in that Officer’s charge, or a receptacle containing GC ballot papers handed over to the Officer, by breaking the seal in the presence of the candidates, or their election agents or counting agents, who are present at the counting zone.(2) The Presiding Officer must permit a candidate, or the election agent or counting agent of a candidate, to inspect any paper, other than a ballot paper, taken from the ballot box or receptacle, if so requested by the candidate or agent, before that paper is disposed of.(3) No person may be permitted under subsection (2) to inspect a ballot paper.(14 of 2021 s. 131) 73B. Arrangements for sorting of and verifying number of FC ballot papers at central counting station (1) At the central counting station, the Returning Officer for a functional constituency must, at the counting zone for that constituency, take the following steps in relation to the FC ballot papers from each polling station before counting the votes recorded on those ballot papers in accordance with section 77, if an approved programme is not to be used to count the ballot papers— (8 of 2025 s. 13)(a) sort the FC ballot papers according to each functional constituency;(b) count and record the number of the FC ballot papers for each functional constituency;(c) verify the total number recorded for the FC ballot papers under paragraph (b) by comparing it with the ballot paper account for the FC ballot boxes from that polling station; (8 of 2025 s. 13)(d) prepare a statement in writing as to the result of the verification for each polling station under paragraph (c); (8 of 2025 s. 13)(e) retain the FC ballot papers for the functional constituency for which the Officer is appointed together with the relevant record prepared under paragraph (b); (8 of 2025 s. 13)(f) make into separate bundles the sorted FC ballot papers for each other functional constituency together with the relevant record prepared under paragraph (b); and (8 of 2025 s. 13)(g) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(2) In subsection (1), the reference to the FC ballot papers from each polling station is a reference to—(a) the FC ballot papers in the FC ballot boxes from a polling station that are handed over to the Returning Officer under section 72(1); and(b) the FC ballot papers found in the GC ballot boxes or ECC ballot boxes from that polling station, if any, that are placed in a receptacle handed over to the Returning Officer under section 73C(7)(b), 73D(6)(b) or 73E(5)(b).(3) If any GC ballot paper is found in the FC ballot boxes, the Returning Officer must, in relation to such GC ballot papers from each polling station—(a) sort the GC ballot papers according to each geographical constituency;(b) count and record the number of the GC ballot papers for each geographical constituency;(c) prepare a statement in writing as to the number recorded for each geographical constituency under paragraph (b);(d) make into separate bundles the sorted GC ballot papers for each geographical constituency together with the relevant statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(4) If any ECC ballot paper is found in the FC ballot boxes, the Returning Officer must, in relation to such ECC ballot papers from each ECC polling station—(a) count and record the number of the ECC ballot papers;(b) prepare a statement in writing as to the number recorded under paragraph (a);(c) make into a bundle the ECC ballot papers together with the statement prepared under paragraph (b); and(d) place the bundle in a receptacle and seal the receptacle in the presence of those present at the counting zone.(5) If the Returning Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—(a) the number of ballot papers recorded by the Officer;(b) the spoilt ballot papers;(c) the unused ballot papers; and(d) the counterfoils or un-issued ballot papers.(6) The Returning Officer must hand over the receptacles mentioned in subsection (1)(g), (3)(e) or (4)(d) to an Assistant Returning Officer or a counting officer in attendance at the relevant counting zone.(7) An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (6) must—(a) hand over each receptacle containing a bundle of FC ballot papers for a functional constituency to the Returning Officer for the relevant functional constituency;(b) hand over each receptacle containing a bundle of GC ballot papers to the Returning Officer for the relevant geographical constituency; and(c) hand over each receptacle containing a bundle of ECC ballot papers to the Returning Officer for the Election Committee constituency.(8) A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.(14 of 2021 s. 132) 73C. Arrangements for verifying number of ECC ballot papers at central counting station (1) At the central counting station, the Returning Officer for the Election Committee constituency must, at the counting zone for that constituency, take the following steps in relation to the ECC ballot papers from each ECC polling station before counting the votes recorded on those ballot papers in accordance with section 78A—(a) if envelopes for containing ECC ballot papers are used in the election—take out the ECC ballot papers from the envelopes;(b) count and record the number of the ECC ballot papers;(c) verify the number recorded under paragraph (b) by comparing it with the ballot paper account for the Election Committee constituency from that polling station; and(d) prepare a statement in writing as to the result of the verification under paragraph (c).(2) In subsection (1), the reference to the ECC ballot papers from each ECC polling station is a reference to—(a) the ECC ballot papers in the ECC ballot boxes from an ECC polling station that are handed over to the Returning Officer under section 72(2); and(b) the ECC ballot papers found in the GC ballot boxes or FC ballot boxes from that polling station, if any, that are placed in a receptacle handed over to the Returning Officer under section 73B(7)(c), 73E(5)(c) or 77AA(11)(b). (8 of 2025 s. 14)(3) If any GC ballot paper is found in the ECC ballot boxes or envelopes mentioned in subsection (1)(a), the Returning Officer must, in relation to such GC ballot papers from each ECC polling station—(a) sort the GC ballot papers according to each geographical constituency;(b) count and record the number of the GC ballot papers for each geographical constituency;(c) prepare a statement in writing as to the number recorded for each geographical constituency under paragraph (b);(d) make into separate bundles the sorted GC ballot papers for each geographical constituency together with the relevant statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(4) If any FC ballot paper is found in the ECC ballot boxes or envelopes mentioned in subsection (1)(a), the Returning Officer must, in relation to such FC ballot papers from each ECC polling station—(a) sort the FC ballot papers according to each functional constituency;(b) count and record the number of the FC ballot papers for each functional constituency;(c) prepare a statement in writing as to the number recorded for each functional constituency under paragraph (b);(d) make into separate bundles the sorted FC ballot papers for each functional constituency together with the relevant statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(5) If the Returning Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—(a) the number of ballot papers recorded by the Officer;(b) the spoilt ballot papers;(c) the unused ballot papers; and(d) the counterfoils or un-issued ballot papers.(6) The Returning Officer must hand over the receptacles mentioned in subsection (3)(e) or (4)(e) to an Assistant Returning Officer or a counting officer in attendance at the counting zone.(7) An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (6) must—(a) hand over each receptacle containing a bundle of GC ballot papers to the Returning Officer for the relevant geographical constituency; and(b) hand over the receptacles containing FC ballot papers from each ECC polling station to the Returning Officer to whom the FC ballot boxes from that polling station are handed over under section 72(1).(8) A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.(14 of 2021 s. 132) 73D. Arrangements for verifying number of GC ballot papers at GC counting station (1) The Presiding Officer of a GC counting station must, at the counting zone, in relation to the GC ballot papers in the GC ballot boxes from the polling station that is in the same place as the counting station, after counting the votes recorded on those ballot papers in accordance with section 75—(a) verify the number of the GC ballot papers counted by comparing it with the ballot paper account for the relevant geographical constituency from that polling station; and(b) prepare a statement in writing as to the result of the verification under paragraph (a).(2) The Presiding Officer of a GC counting station that is a main counting station must also, at the counting zone—(a) in relation to the GC ballot papers in the GC ballot boxes received from a small polling station or dedicated polling station—before counting the votes recorded on those ballot papers in accordance with section 75—(i) count and record the number of the GC ballot papers;(ii) verify the number recorded under subparagraph (i) by comparing it with the ballot paper account for the relevant geographical constituency from that polling station; and(iii) prepare a statement in writing as to the result of the verification under subparagraph (ii);(b) in relation to the GC ballot papers in the receptacles received from a ballot paper sorting station—before counting the votes recorded on those ballot papers in accordance with section 75—(i) count and record the number of the GC ballot papers;(ii) verify the number recorded under subparagraph (i) by comparing it with the statement prepared under section 73E(1)(e) from that ballot paper sorting station; and(iii) prepare a statement in writing as to the result of the verification under subparagraph (ii).(3) If any FC ballot paper is found in the GC ballot boxes that are opened at a GC counting station, the Presiding Officer of the GC counting station must, in relation to such FC ballot papers from each polling station—(a) sort the FC ballot papers according to each functional constituency;(b) count and record the number of the FC ballot papers for each functional constituency;(c) prepare a statement in writing as to the number recorded for each functional constituency under paragraph (b);(d) make into separate bundles the sorted FC ballot papers for each functional constituency together with the relevant statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(4) If the Presiding Officer considers it necessary or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—(a) the number of ballot papers recorded by the Officer;(b) the spoilt ballot papers;(c) the unused ballot papers; and(d) the counterfoils or un-issued ballot papers.(5) The Presiding Officer must hand over the receptacles mentioned in subsection (3)(e) to an Assistant Presiding Officer or a counting officer in attendance at the counting zone.(6) An Assistant Presiding Officer or a counting officer to whom receptacles are handed over under subsection (5) must—(a) deliver the receptacles to the central counting station; and(b) hand over the receptacles containing FC ballot papers from each polling station to the Returning Officer to whom the FC ballot boxes from that polling station are handed over under section 72(1).(7) A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.(14 of 2021 s. 132) 73E.

Arrangements for sorting of and counting number of ballot papers in ballot paper sorting station (1) The Presiding Officer of a ballot paper sorting station must, in relation to the GC ballot papers in the GC ballot boxes from each dedicated polling station or ECC polling station—(a) sort the GC ballot papers according to each geographical constituency;(b) count and record the number of the GC ballot papers for each geographical constituency;(c) verify the total number recorded for the GC ballot papers under paragraph (b) by comparing it with the ballot paper account for the GC ballot boxes from that polling station; (8 of 2025 s. 15)(d) prepare a statement in writing as to the result of the verification for each polling station under paragraph (c); (8 of 2025 s. 15)(e) prepare a statement in writing as to the number of the GC ballot papers recorded for each geographical constituency after the verification under paragraph (c);(f) make into separate bundles the sorted GC ballot papers for each geographical constituency together with the relevant statement prepared under paragraph (e);(g) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone;(h) arrange the receptacles to be delivered to the Presiding Officers of the respective main counting stations for the relevant geographical constituencies; and(i) send to the Chief Electoral Officer—(i) the ballot paper accounts for the relevant geographical constituencies from that polling station;(ii) the verifications of number of ballot papers prepared under paragraph (d); and(iii) the sealed packets made under section 63 or 63A for the relevant geographical constituencies from that polling station.(2) If any FC ballot paper is found in the GC ballot boxes that are opened at a ballot paper sorting station, the Presiding Officer of the ballot paper sorting station must, in relation to such FC ballot papers from each dedicated polling station or ECC polling station—(a) sort the FC ballot papers according to each functional constituency;(b) count and record the number of the FC ballot papers for each functional constituency;(c) prepare a statement in writing as to the number recorded for each functional constituency under paragraph (b);(d) make into separate bundles the sorted FC ballot papers for each functional constituency together with the relevant statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(3) If any ECC ballot paper is found in the GC ballot boxes that are opened at a ballot paper sorting station, the Presiding Officer of the ballot paper sorting station must, in relation to such ECC ballot papers from each dedicated polling station or ECC polling station—(a) count and record the number of the ECC ballot papers;(b) prepare a statement in writing as to the number recorded under paragraph (a);(c) make into a bundle the ECC ballot papers together with the statement prepared under paragraph (b); and(d) place the bundle in a receptacle and seal the receptacle in the presence of those present at the counting zone.(4) The Presiding Officer must hand over the receptacles mentioned in subsection (2)(e) or (3)(d) to an Assistant Presiding Officer or a counting officer in attendance at the counting zone.(5) An Assistant Presiding Officer or a counting officer to whom receptacles are handed over under subsection (4) must—(a) deliver the receptacles to the central counting station;(b) hand over the receptacles containing FC ballot papers from each dedicated polling station or ECC polling station to the Returning Officer to whom the FC ballot boxes from that polling station are handed over under section 72(1); and(c) hand over the receptacles containing ECC ballot papers to the Returning Officer for the Election Committee constituency.(14 of 2021 s. 132) 74. (Repealed 14 of 2021 s. 133) 74AAA. (Repealed 14 of 2021 s. 133) 74A. (Repealed 14 of 2021 s. 133) 74AA. (Repealed 14 of 2021 s. 133) 74AB. (Repealed 14 of 2021 s. 133) 74B. (Repealed 14 of 2021 s. 133) 75. Counting of votes for geographical constituencies (1) The Presiding Officer of a GC counting station must, at the counting zone, count in accordance with this section the GC ballot papers mentioned in—(a) if that counting station is not a main counting station—section 73D(1); or(b) if that counting station is a main counting station—section 73D(1) and (2). (14 of 2021 s. 134)(1A) The Returning Officer for a geographical constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the GC ballot papers handed over to the Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a). (14 of 2021 s. 134; 8 of 2025 s. 16)(2)-(4) (Repealed L.N. 84 of 2004)(4A) The Presiding Officer of a main counting station must, when counting the votes at the main counting station, mix the ballot papers in at least one of the ballot boxes at the polling station designated as the main counting station together with— (L.N. 130 of 2009; 11 of 2012 s. 50)(a) the ballot papers that have been delivered to the main counting station from one or more small polling stations; and(b) the ballot papers that have been delivered to the main counting station from one or more ballot paper sorting stations, or one or more dedicated polling stations, as may be appropriate. (L.N. 84 of 2004; L.N. 130 of 2009; L.N. 197 of 2009; 11 of 2012 s. 50)(5) GC ballot papers are to be separated with reference to the candidate for whom the vote has been recorded.(6) The votes recorded on the GC ballot papers are to be counted according to the system of counting described in section 49 of the Legislative Council Ordinance (Cap. 542). (L.N. 84 of 2004; 11 of 2012 s. 71)(7) In the course of counting in accordance with subsection (6)—(a) any ballot paper—(i) which appears to have any writing or mark by which the elector can possibly be identified;(ii) which appears to be not marked in accordance with section 55(2);(iii) which appears to be substantially mutilated; or(iv) which appears to be void for uncertainty, is questionable and must be separated and forwarded to the Returning Officer or the Presiding Officer (as appropriate) to decide whether the vote is to be counted in accordance with section 81; and (1 of 2019 s. 87)(b) any ballot paper described in section 80(1)(b), (c), (d), (f), (ha), (i) and (ib) must be separated and the vote is not to be counted pursuant to section 80. (L.N. 84 of 2004; 1 of 2019 s. 45)(14 of 2021 s. 134) 75A. Special arrangements for counting of votes for geographical constituencies (1) If at any time it appears to the Commission that a counting station (first counting station) assigned for the counting of votes cast at a polling station (polling station concerned) in respect of a geographical constituency is no longer available or suitable for the counting to take place or continue to take place, the Commission may direct that the counting is to take place or continue to take place at another counting station (new counting station) specified by the Chief Electoral Officer.(2) Subsection (1) does not apply if it appears to the Commission that the first counting station is no longer available or suitable for the counting of votes to take place or continue to take place because of any of the occurrences specified in section 2(3) of Schedule 2.(3) Where the Commission gives a direction under subsection (1), the Presiding Officer of the first counting station (first Presiding Officer) must arrange the ballot boxes (whether opened or un-opened) and receptacles, if any, together with the ballot papers (whether counted or not), any un-issued ballot papers, tendered ballot papers, ballot paper account, verification of number of ballot papers and any other relevant election materials to be transferred to the new counting station. (14 of 2021 s. 135)(4) Any person who may be present at the first counting station or polling station concerned under this Regulation may also be present with the first Presiding Officer when that Officer makes any arrangement under subsection (3).(5) The Chief Electoral Officer may direct any Presiding Officer to act in place of the first Presiding Officer for the purposes of the counting or continuing of the counting of votes as well as all other duties or powers the first Presiding Officer would have to perform or exercise under this Regulation had he not been replaced.(6) Subject to subsection (8), for the purposes of this Regulation—(a) the new counting station is to be regarded as the first counting station; and(b) the counting zone of the new counting station is to be regarded as the counting zone of the first counting station.(7) If at the new counting station the counting of votes cast at a polling station other than the polling station concerned is also to take place or taking place, the Chief Electoral Officer may assign within the new counting station an area for the counting or continuing of the counting of votes cast at each of the polling stations.(8) For the purposes of this Regulation—(a) an area assigned under subsection (7) for the counting or continuing of the counting of votes cast at a polling station is to be regarded as the counting station originally assigned for the counting of votes cast at the polling station; and (b) the counting zone in the area mentioned in paragraph (a) is to be regarded as the counting zone of the counting station mentioned in that paragraph.(L.N. 66 of 2008) 76. (Repealed 14 of 2021 s. 136) 77. Counting of votes for functional constituencies without use of approved programme (11 of 2012 s. 72; 14 of 2021 s. 137; 8 of 2025 s. 17)(1A) (Repealed 14 of 2021 s. 137)(1B) This section applies where the votes for functional constituencies are to be counted without the use of an approved programme. (8 of 2025 s. 17)(1) The Returning Officer for a functional constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the following ballot papers for that constituency—(a) the FC ballot papers retained by the Officer under section 73B(1)(e); and(b) the FC ballot papers handed over to the Officer under section 73B(7)(a). (14 of 2021 s. 137)(2) (Repealed L.N. 84 of 2004)(3) Ballot papers for a functional constituency that have been delivered from 2 or more polling stations must be mixed. (L.N. 84 of 2004)(4) (Repealed L.N. 84 of 2004)(5) The ballot papers are to be separated with reference to the candidate for whom the vote has been recorded, or in the case of constituencies returning more than one Member, the candidates for whom the votes have been recorded.(6) The votes recorded on the ballot papers for each functional constituency are to be counted according to the system of counting described in section 51 of the Legislative Council Ordinance (Cap. 542). (11 of 2012 s. 72)(7) In the course of counting in accordance with subsection (6)—(a) any ballot paper—(i) which appears to have any writing or mark by which the elector can possibly be identified;(ii) which appears to be not marked in accordance with section 57(1) or (3)(b); (8 of 2025 s. 17)(iii) which appears to be substantially mutilated; or(iv) which 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 in accordance with section 81; and(b) any ballot paper described in section 80(1)(b), (c), (d), (f), (hb) and (ib) must be separated and the vote is not to be counted pursuant to section 80. (L.N. 84 of 2004; 14 of 2021 s. 137)(L.N. 65 of 2000) 77AA. Counting of votes for functional constituencies with use of approved programme (1) This section applies where the votes for functional constituencies are to be counted with the use of an approved programme.(2) The Returning Officer for a functional constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the following ballot papers for that constituency—(a) the FC ballot papers from FC ballot boxes opened by the Officer under section 73;(b) the FC ballot papers from the receptacles handed over to the Officer under section 73C(7)(b), 73D(6)(b) or 73E(5)(b).(3) The Returning Officer for a functional constituency must, at the counting zone for that constituency—(a) count and record the total number of FC ballot papers from the FC ballot boxes from a polling station, or the receptacles from a counting station or ballot paper sorting station, as the case may be;(b) verify the number recorded under paragraph (a) by comparing it with the ballot paper account for the FC ballot boxes from that polling station, or the relevant statement for the receptacles from that counting station or ballot paper sorting station, as the case may be; and(c) do the following—(i) for FC ballot papers from a polling station—mix the FC ballot papers with those from at least one other polling station (whether also with FC ballot papers mentioned in subparagraph (ii) or not);(ii) for FC ballot papers from a counting station or ballot paper sorting station—mix the FC ballot papers with those from at least 2 polling stations.(4) The votes recorded on the ballot papers for each functional constituency are to be counted according to the system of counting described in section 51 of the Legislative Council Ordinance (Cap. 542).(5) In the course of counting in accordance with this section—(a) any ballot paper that—(i) appears to have any writing or mark by which the elector can possibly be identified;(ii) appears to be not marked in accordance with section 57(1) or (3)(b);(iii) appears to be substantially mutilated; or(iv) appears to be void for uncertainty,is questionable and must be separated by constituency and forwarded to the Returning Officer of the relevant functional constituency to decide whether the vote is to be counted in accordance with section 81; and(b) any ballot paper described in section 80(1)(b), (c), (d), (f), (hb) and (ib) must be separated and the vote is not to be counted in accordance with section 80.(6) In the course of counting in accordance with this section, the Returning Officer must, in relation to any GC ballot paper found—(a) sort the GC ballot papers according to each geographical constituency;(b) count and record the number of the GC ballot papers for each geographical constituency;(c) prepare a statement in writing as to the number recorded for each geographical constituency under paragraph (b);(d) make into separate bundles the sorted GC ballot papers for each geographical constituency together with the statement prepared under paragraph (c); and(e) place each bundle in a separate receptacle and seal each receptacle in the presence of those present at the counting zone.(7) In the course of counting in accordance with this section, the Returning Officer must, in relation to any ECC ballot paper found—(a) count and record the number of the ECC ballot papers;(b) prepare a statement in writing as to the number recorded under paragraph (a);(c) make into a bundle the ECC ballot papers together with the statement prepared under paragraph (b); and(d) place the bundle in a receptacle and seal the receptacle in the presence of those present at the counting zone.(8) The Returning Officer must—(a) prepare a statement in writing as to the total number of the FC ballot papers counted by the approved programme and the total number of the FC ballot papers separated under subsection (5); and(b) verify the statement by comparing it with the ballot paper accounts, and the relevant statements, as referred to in subsection (3)(b).(9) If the Returning Officer considers it necessary, or if required by a candidate, an election agent or a counting agent who is present at the counting zone, the Officer must, in preparing a verification of number of ballot papers under this section, compare the relevant ballot paper account with—(a) the number of ballot papers recorded by the Officer;(b) the spoilt ballot papers;(c) the unused ballot papers; and(d) the counterfoils or un-issued ballot papers.(10) The Returning Officer must hand over the receptacles mentioned in subsection (6)(e) or (7)(d) to an Assistant Returning Officer or a counting officer in attendance at the relevant counting zone.(11) An Assistant Returning Officer or a counting officer to whom receptacles are handed over under subsection (10) must—(a) hand over each receptacle containing a bundle of GC ballot papers to the Returning Officer for the relevant geographical constituency; and(b) hand over each receptacle containing a bundle of ECC ballot papers to the Returning Officer for the Election Committee constituency.(12) A candidate, an election agent or a counting agent may copy what is recorded on a ballot paper account or a verification of number of ballot papers.(8 of 2025 s. 18) 77A. (Repealed 14 of 2021 s. 138) 77B. (Repealed 14 of 2021 s. 138) 78. (Repealed L.N. 84 of 2004) 78A. Counting of votes for Election Committee constituency (1) The Returning Officer for the Election Committee constituency must, at the counting zone for that constituency, count in accordance with this section the votes recorded on the ECC ballot papers mentioned in section 73C(1).(2) ECC ballot papers from 2 or more ECC polling stations must be mixed.(3) The votes recorded on the ECC ballot papers are to be counted according to the system of counting described in section 52A of the Legislative Council Ordinance (Cap. 542).(4) The votes cast for the candidates for the Election Committee constituency may be counted by using an approved programme and a computer.(5) In the course of counting in accordance with subsection (3)—(a) any ballot paper that—(i) appears to have any writing or mark by which the elector can possibly be identified;(ii) appears to be not marked in accordance with section 58A(1) or (3)(b);(iii) appears to be substantially mutilated; or(iv) appears to be void for uncertainty,is questionable and must be separated and forwarded to the Returning Officer to decide whether the vote is to be counted in accordance with section 81; and(b) any ballot paper described in section 80(1)(b), (c), (d), (f), (hd) and (ib) must be separated and the vote is not to be counted pursuant to section 80.(6) (Repealed 8 of 2025 s. 19)(14 of 2021 s. 139) 79. Result of the counting of votes and re-count for functional constituencies or Election Committee constituency (14 of 2021 s. 140)(1) After the votes are counted under section 77, 77AA or 78A, the Returning Officer must make known to the candidates who are present within the counting zone, the result of the counting of the votes. If the candidates are not present, the Returning Officer is to make known the result to their respective election agents or counting agents, if those agents are present at the counting zone. (L.N. 84 of 2004; 11 of 2012 s. 74; 14 of 2021 s. 140; 8 of 2025 s. 20)(2) A candidate who is present when the votes are counted or re-counted or an election agent who is so present, may request the Returning Officer to count again the counted or re-counted (as the case may be) votes. That Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(3) After a count 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 count or re-count is given a reasonable opportunity to make a request for a re-count. 79A. Result of the counting of votes and re-count for geographical constituencies (1) After the votes recorded on the GC ballot papers for a geographical constituency (other than those recorded on the GC ballot papers to be handed over to the Returning Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a)) are counted under section 75, the Presiding Officer must make known to the candidates who are present within the counting zone the result of the counting of the votes. If the candidates are not present, that Officer is to make known the result to their respective election agents or counting agents, if those agents are present at the counting zone. (L.N. 140 of 2004; 11 of 2012 s. 75; 8 of 2025 s. 21)(2) A candidate who is present when the votes are counted or re-counted, or an election agent or a counting agent who is so present, may request the Presiding Officer to count again the counted or re-counted (as the case may be) votes. That Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable.(3) After a count or re-count is completed, nothing further is to be done until each candidate present at the completion, or the election agent or counting agent of each candidate if present at the completion, of the count or re-count is given a reasonable opportunity to make a request for a re-count. (L.N. 140 of 2004)(4) Where there is no request for a re-count or such request is rejected by the Presiding Officer or the re-count is completed and there is no request for a further re-count or the request for a further re-count has been rejected by the Presiding Officer, the Presiding Officer must report to the relevant Assistant Returning Officer for the geographical constituency the result of the counting of votes and re-count (if any).(5) After the Assistant Returning Officer has been notified of the results of the counting of votes and re-count (if any) of all the counting stations in his charge for the geographical constituency under subsection (4), that Officer must make known the results to the Returning Officer for the geographical constituency. (L.N. 140 of 2004)(6) After the Returning Officer has been notified of the results of the counting of votes and re-count (if any) of all the counting stations for the geographical constituency under subsection (5), that Officer must make known the results to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes of all the counting stations for the geographical constituency, that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)(7) After the Returning Officer has made known the results under subsection (6), that Officer must also make known the estimated number of GC ballot papers to be handed over to him under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency (if any) to the candidates or their election agents or counting agents at the place specified by the Returning Officer. A candidate or the election agent of the candidate who is present at the specified place may make a request to the Returning Officer for a re-count of the votes of all the counting stations for the geographical constituency and the votes recorded on the GC ballot papers to be handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency. (L.N. 140 of 2004; 11 of 2012 s. 75; 8 of 2025 s. 21)(8) Where there is no request for a re-count of the votes of all the counting stations for the geographical constituency under subsection (6) or such request is rejected by the Returning Officer, that Officer must add together—(a) the results made known under subsection (6); and(b) the result of the counting of the votes recorded on the GC ballot papers handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency (if any), (11 of 2012 s. 75; 8 of 2025 s. 21) and make known the aggregate result to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes referred to in paragraph (b), that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)(8A) For the purposes of subsection (8)(a), if the Returning Officer has made known the result of any re-count of a counting station for the geographical constituency under subsection (6), the result of the last re-count of that station is to be used in the calculation. (14 of 2021 s. 141)(9) If the Returning Officer decides to comply with the request referred to in subsection (6), that Officer must require all the Assistant Returning Officers to instruct the Presiding Officers of the counting stations in their respective charge to conduct a re-count at the relevant counting stations forthwith. (L.N. 140 of 2004)(10) The Presiding Officer of each of the counting stations for the geographical constituency must make known the result of the re-count at the counting station to the candidates or their election agents or counting agents who are present at the counting station and must report that result to the relevant Assistant Returning Officer. (L.N. 140 of 2004)(11) After the Assistant Returning Officer has been notified of the results of the re-count of all the counting stations in his charge for the geographical constituency under subsection (10), that Officer must make known the results to the Returning Officer for the geographical constituency. (L.N. 140 of 2004)(12) After the Returning Officer has been notified of the results of the re-count of all the counting stations for the geographical constituency under subsection (11), that Officer must add together—(a) such results; and (b) the result of the counting of the votes recorded on the GC ballot papers handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency (if any), (11 of 2012 s. 75; 8 of 2025 s. 21) and make known the aggregate result to the candidates or their election agents or counting agents at the place specified by the Returning Officer. If a candidate or the election agent of the candidate who is present at the specified place makes a request to the Returning Officer for a re-count of the votes referred to in paragraph (b), that Officer must comply with the request unless the Officer is of the opinion that the request is unreasonable. (L.N. 140 of 2004)(13) Subject to subsection (14), if the Returning Officer decides to comply with a request referred to in subsection (7), that Officer must conduct a re-count of—(a) the votes of all the counting stations in accordance with the steps as described in subsections (9), (10) and (11); and(b) the votes recorded on the GC ballot papers handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency, (11 of 2012 s. 75; 8 of 2025 s. 21) and make known the final result to the candidates or their election agents or counting agents at the place specified by that Officer. When the final result has been made known, the counting of the votes and re-counts are completed for the purposes of section 83(1). (L.N. 140 of 2004)(14) The Returning Officer must not conduct a re-count under subsection (7)—(a) unless the request for such re-count is made immediately after that Officer makes known, under that subsection, the estimated number of GC ballot papers to be handed over to him under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency; or(b) if the estimated number of GC ballot papers to be handed over to that Officer under sections 73B(7)(b), 73C(7)(a) and 77AA(11)(a) for the geographical constituency is less than the difference between the numbers of remaining votes cast for any 2 candidates for the geographical constituency, as determined in accordance with the counting system under section 49 of the Legislative Council Ordinance (Cap. 542). (L.N. 140 of 2004; 11 of 2012 s. 75; 8 of 2025 s. 21)(L.N. 84 of 2004; 14 of 2021 s. 141) Division 3 Decision on Ballot Papers (14 of 2021 s. 142) 80. Votes recorded on invalid ballot papers not to be counted (L.N. 66 of 2008)(1) When counting the votes, a ballot paper of any of the following descriptions is not to be regarded as valid and the vote recorded on the ballot paper is not to be counted— (L.N. 84 of 2004; L.N. 66 of 2008)(a) on which there is writing or a mark by which the elector can possibly be identified;(b) which has the words “重複” and “TENDERED” endorsed on the front of it;(c) which has the words “損壞” and “SPOILT” endorsed on the front of it;(d) which has the words “未用” and “UNUSED” endorsed on the front of it; (L.N. 66 of 2008)(e) which is substantially mutilated;(f) which is unmarked;(g) subject to subsection (2)—(i) a GC ballot paper that is not marked in accordance with section 55(2);(ii) an FC ballot paper that is not marked in accordance with section 57(1) or (3)(b); or(iii) an ECC ballot paper that is not marked in accordance with section 58A(1) or (3)(b); (14 of 2021 s. 143)(ga) (Repealed 14 of 2021 s. 143)(h) (Repealed 14 of 2021 s. 143)(ha) a GC ballot paper that is not marked in accordance with section 55(1); (L.N. 84 of 2004; L.N. 73 of 2011)(hb) an FC ballot paper that is not marked in accordance with section 57(3)(a) or (4); (L.N. 84 of 2004; L.N. 73 of 2011)(hc) (Repealed 14 of 2021 s. 143)(hd) an ECC ballot paper that is not marked in accordance with section 58A(3)(a) or (4); (14 of 2021 s. 143)(i) a GC ballot paper on which votes for more than one candidate are recorded; (14 of 2021 s. 143)(ia) (Repealed 14 of 2021 s. 143)(ib) a ballot paper on which a vote for a candidate whose name and other information are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2) is recorded; (14 of 2021 s. 143)(j) which the Returning Officer or the Presiding Officer, as may be appropriate, determines as being void for uncertainty.(2) In the case of a ballot paper referred to in subsection (1)(g)(i), (ii) or (iii), if the Returning Officer or the Presiding Officer, as may be appropriate, is satisfied that the intention of the elector or authorized representative is clear notwithstanding the deviation from the requirements in section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b), as the case may be, that Officer may count the vote recorded on that ballot paper. (11 of 2012 s. 53)(3) Subject to subsection (1)(ib), it is declared that the Returning Officer or the Presiding Officer, as may be appropriate, 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). (L.N. 65 of 2000; 1 of 2019 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), (ha), (hb), (hd), (i) or (ib); but(b) is not entitled to make representations to the Returning Officer or the Presiding Officer concerning the ballot paper. (L.N. 66 of 2008)(L.N. 65 of 2000; L.N. 84 of 2004; 1 of 2019 s. 48; 14 of 2021 s. 143; 8 of 2025 s. 22) 81. Returning Officer or Presiding Officer to make decisions on questionable ballot papers (1) If a ballot paper is forwarded to the Returning Officer under section 75(7)(a), 77(7)(a), 77AA(5)(a) or 78A(5)(a), or to the Presiding Officer under section 75(7)(a), as may be appropriate, a candidate, an election agent or a counting agent, if present at the counting zone, may— (L.N. 66 of 2008; 11 of 2012 s. 76; 1 of 2019 s. 88; 14 of 2021 s. 144; 8 of 2025 s. 23)(a) inspect the ballot paper; and(b) make representations to that Officer concerning the ballot paper. (L.N. 84 of 2004; L.N. 66 of 2008)(2) After considering the representations (if any) made under subsection (1), the Returning Officer or the Presiding Officer, as may be appropriate, must determine whether the ballot paper—(a) is valid and the vote is to be counted; or(b) is not to be regarded as valid pursuant to section 80 and the vote is not to be counted for—(i) having on the ballot paper any writing or mark by which, in that Officer’s opinion, the elector can possibly be identified;(ii) subject to subsection (3), being a ballot paper not marked in accordance with section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b) (as may be applicable); (1 of 2019 s. 49; 14 of 2021 s. 144; 8 of 2025 s. 23)(iii) being a ballot paper which is substantially mutilated; or(iv) being void for uncertainty. (L.N. 84 of 2004)(3) In the case of a ballot paper which is not marked in accordance with section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b) (as may be applicable), if the Returning Officer or the Presiding Officer, as may be appropriate, is satisfied that the intention of the elector or authorized representative is clear notwithstanding the deviation from the requirements in section 55(2), 57(1) or (3)(b) or 58A(1) or (3)(b), as the case may be, that Officer may count the vote recorded on that ballot paper. (L.N. 84 of 2004; 1 of 2019 s. 49; 14 of 2021 s. 144; 8 of 2025 s. 23)(4) If the Returning Officer or the Presiding Officer, as may be appropriate, decides a questionable ballot paper the vote recorded on which is not to be counted, that Officer must endorse the words “不獲接納” and “rejected” on the front of it. If a candidate or an election agent or a counting agent objects to that 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. 84 of 2004)(5) If a candidate or an election agent or a counting agent objects to the decision of the Returning Officer or the Presiding Officer, as may be appropriate, to count the vote recorded on a questionable ballot paper, that Officer must endorse the words “反對此選票獲接納” and “acceptance objected to” on that ballot paper. (L.N. 84 of 2004)(6) The Returning Officer or the Presiding Officer, as may be appropriate, is to prepare a statement of the ballot papers which are not to be regarded as valid. The statement is to be under the following heads—(a) writing or mark by which the elector can possibly be identified;(b) endorsed with the words “重複” and “TENDERED”;(c) endorsed with the words “損壞” and “SPOILT”;(d) endorsed with the words “未用” and “UNUSED”; (L.N. 66 of 2008)(e) substantially mutilated;(f) unmarked;(g) not marked in accordance with section 55, 57 or 58A (as may be applicable); (14 of 2021 s. 144)(h) void for uncertainty; (1 of 2019 s. 49)(i) a GC ballot paper on which votes for more than one candidate are recorded; (14 of 2021 s. 144)(j) (Repealed 14 of 2021 s. 144)(k) a ballot paper on which a vote for a candidate whose name and other information are crossed out, or endorsed with a marking as directed by the Commission, under section 37(2) is recorded. (14 of 2021 s. 144; 8 of 2025 s. 23)(7) Under this section, a candidate, or the election agent or counting agent of a candidate, may inspect a ballot paper, make representations or object to the decision of the Returning Officer or the Presiding Officer only in the name of that candidate but no other, regardless of to which candidate the ballot paper, representations or decision relates. (14 of 2021 s. 144) 82. Returning Officer’s or Presiding Officer’s decision on a ballot paper to be final Subject to section 61 of the Legislative Council Ordinance (Cap. 542), the decision of the Returning Officer or the Presiding Officer, as may be appropriate, on a ballot paper is final.(L.N. 84 of 2004) Division 4 Declaration of Election Results (14 of 2021 s. 145) 83. Returning Officer to declare election result (1) When the counting of the votes and re-counts, if any, are completed and the result of the election determined, the Returning Officer is to declare as elected the candidates who were successful at the election, as provided in sections 49(5), 51(7) and 52A(8) of the Legislative Council Ordinance (Cap. 542). (L.N. 65 of 2000; 14 of 2021 s. 146)(2) Subsection (3) 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. 146)(3) In the circumstances mentioned in subsection (2)(a) or (b), the Returning Officer—(a) must not declare that candidate to be elected; and(b) must declare the election—(i) to have failed as provided in section 46A(3)(a) of the Legislative Council Ordinance (Cap. 542); or(ii) to have failed to the extent as provided in section 46A(3)(b) of that Ordinance. (14 of 2021 s. 146)(L.N. 84 of 2004) 84. The form in which Returning Officer is to publish result of election (1) The notice to be published under section 58(1) of the Legislative Council Ordinance (Cap. 542) for the geographical constituencies is to be in Form 1 in Schedule 4.(2) The notice to be published under section 58(2) of the Legislative Council Ordinance (Cap. 542) for the functional constituencies is to be in Form 2 in Schedule 4. (L.N. 73 of 2011; 14 of 2021 s. 147)(3) (Repealed L.N. 84 of 2004)(3A) The notice to be published under section 58(3A) of the Legislative Council Ordinance (Cap. 542) for the Election Committee constituency is to be in Form 5 in Schedule 4. (14 of 2021 s. 147)(4) A notice under subsection (1), (2) or (3A) must be published in the Gazette within 10 days from the date the relevant result is declared under section 83. (L.N. 84 of 2004; 14 of 2021 s. 147)(5) The Returning Officer is to prepare a notice of the result of the election for the geographical constituency, the functional constituency or the Election Committee constituency under that Officer’s charge in the appropriate form under this section and display it prominently in a place outside the counting station at which the result was declared under section 83. (L.N. 65 of 2000; L.N. 84 of 2004; 14 of 2021 s. 147)(6) The Returning Officer is to send a copy of each notice prepared under subsection (5) to—(a) the Chairman of the Commission;(b) the Secretary for Constitutional and Mainland Affairs; (L.N. 130 of 2007)(c) the Clerk to the Legislative Council; and(d) the Chief Electoral Officer. Part 5 Disposal of Documents: General Election and By-elections 85. Returning Officer or Presiding Officer to seal ballot papers in packets (1) As soon as practicable after the Returning Officer or the Presiding Officer, as may be appropriate, has ascertained the result of the poll, that Officer must, at the counting station, make up into separate sealed packets— (L.N. 84 of 2004)(a) the counted ballot papers;(b) the un-issued ballot papers;(c) the unused ballot papers;(d) the spoilt ballot papers; and(e) the rejected ballot papers.(2) The Returning Officer or the Presiding Officer, as may be appropriate, must endorse on each sealed packet— (L.N. 84 of 2004)(a) a description of its contents;(b) the date of the relevant election; and(c) the name of the constituency. (L.N. 84 of 2004)(3) A candidate, an election agent or a counting agent may be present when the Returning Officer or the Presiding Officer, as may be appropriate, makes up the sealed packets and endorses them. (L.N. 84 of 2004)(4) Before the Returning Officer or the Presiding Officer, as may be appropriate, makes up the packets, that Officer must inform— (L.N. 84 of 2004)(a) the candidates who are present at the counting station; and(b) either the election agent or counting agent (if present) of a candidate who is not present at the counting station, that they may be present when that Officer makes up the packets and seals and endorses them. (5) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station, a dedicated polling station or a ballot paper sorting station. (L.N. 84 of 2004; L.N. 130 of 2009) 86. Returning Officer or Presiding Officer to send ballot papers, accounts, packets, etc. to Chief Electoral Officer (1) As soon as practicable after the Returning Officer prepares the notice of the result of the election, that Officer or the Presiding Officer, as may be appropriate, must send to the Chief Electoral Officer— (L.N. 84 of 2004)(a) the ballot paper accounts and verification of number of ballot papers; (14 of 2021 s. 148)(b) the statement referred to in section 81(6);(c) the sealed packets made up under section 85(1);(d) a copy of the notice of the result of the 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. 148)(ga) if the copy of the relevant final register or registers has been marked under section 53(7)(a)—the marked copy; and (14 of 2021 s. 148)(h) any other document relating to the election specified by the Commission.(2) In this section, Presiding Officer (投票站主任) does not include a Presiding Officer of a small polling station, a dedicated polling station or a ballot paper sorting station. (L.N. 84 of 2004; L.N. 130 of 2009) 87. Ballot paper in custody of Chief Electoral Officer may be inspected only on a court order The Chief Electoral Officer is not to permit any person to inspect any ballot paper in that Officer’s custody other than on an order made by a court in proceedings relating to an election petition or criminal proceedings. 88. Chief Electoral Officer to retain election documents for at least 6 months The Chief Electoral Officer must retain in that Officer’s custody the documents sent under section 86 and the copies or extracts of the relevant final registers in which records have been made under section 53(7)(b) for at least 6 months from the date of the election to which they relate. That Officer must thereafter, unless directed by an order of court in proceedings relating to an election petition or criminal proceedings, destroy them.(14 of 2021 s. 149) Part 6 Miscellaneous and Supplemental Provisions: General Election and By-elections 89. Returning Officers, Presiding Officers, polling officers or counting officers not to act as agent of candidate in the same election (1) A Returning Officer, Presiding Officer, polling officer or counting officer who, in relation to the 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. 90. Employees of candidates not to act as electoral officers (1) A person who, while in the employment of a candidate, acts as a Returning Officer, Presiding Officer, polling officer or counting officer at an election for which the candidate stands for election, commits an offence.(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months. 90A. Certain visitors of electors or authorized representatives in custody not to canvass for votes (1) If—(a) a person (visitor) visits in a certain capacity an elector in custody or 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 elector 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. 130 of 2009) 91. Presiding Officer may perform functions through polling officers or counting officers (1) Subject to subsection (2), a Presiding Officer may perform any act which that Officer is required or authorized to perform under this Regulation through a polling officer or a counting officer.(2) A Presiding Officer may not delegate under subsection (1)—(a) the power to adjourn a poll or count under Schedule 2;(b) the power to make a determination of the validity of a ballot paper; or(c) the power to make a decision as to whether the vote recorded on a ballot paper is to be counted.(11 of 2012 s. 54) 92. Returning Officer may delegate certain functions (L.N. 66 of 2008; 11 of 2012 s. 77)(1) A Returning Officer may perform any act which that Officer is required or authorized to perform under this Regulation through an Assistant Returning Officer appointed for the constituency for which the Returning Officer is appointed.(2) (Repealed L.N. 66 of 2008)(3) A Returning Officer may not delegate under subsection (1)— (L.N. 84 of 2004)(a)-(b) (Repealed 14 of 2021 s. 150)(c) the declaration of the result of the election.(4) (Repealed 14 of 2021 s. 150) 93. 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. 94. Acts done in the absence of candidates or agents not to be invalid Where under this Regulation, an act or thing is required or authorized to be done in the presence of a candidate or all the candidates, the election agent, the polling agent or the counting agent of the candidate, that act or thing is not to be invalidated solely for the reason that such person or persons were not present as required or authorized. 95. Electoral officers, candidates and agents to make declaration of secrecy (1) Every electoral officer within the meaning of section 3(1) of the Legislative Council Ordinance (Cap. 542) or person authorized by or under this Regulation to attend at a polling station except as an elector or 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 68(5)) authorized by or under this Regulation to attend at the counting of the votes must make a declaration of secrecy on the specified form before entering the counting station. (L.N. 84 of 2004)(3) The Returning Officer is to make the declaration in the presence of a Commissioner for Oaths. Any other person may make the declaration in the presence of the Returning Officer, a Commissioner for Oaths, a member of the Commission, the Chief Electoral Officer or a person whose official designation is that of a deputy to the Chief Electoral Officer.(4) Every Returning Officer or other officer or any other person attending at a polling station or counting of the votes must maintain and assist in maintaining the secrecy of the ballot.(5) Subsections (1) and (2) do not apply to a police officer, an officer of the Correctional Services Department, an officer of any law enforcement agency or a member of the Civil Aid Service on duty at a polling station or a counting station. (L.N. 130 of 2009) 96. 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 electors, or otherwise, whether a person has or has not applied for a ballot paper or voted, commits an offence.(1A) A person who divulges to any other person the identity of an elector in custody commits an offence. (L.N.

130 of 2009)(2) Subsections (1) and (1A) do not apply to anything done for a purpose authorized by law or when required to do so by a police officer or an officer of the Independent Commission Against Corruption investigating an offence under the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554), sections 3, 4 and 8 of the Prevention of Bribery Ordinance (Cap. 201), section 13B of the Independent Commission Against Corruption Ordinance (Cap. 204) or the Electoral Affairs Commission Ordinance (Cap. 541) or any regulation made under that Ordinance. (10 of 2000 s. 47; L.N. 130 of 2009)(3) A person who communicates to any person any information obtained at a counting of the votes as to the candidate for whom a vote has been given on any particular ballot paper, commits an offence.(4) A person who interferes with an elector when that elector is recording the vote, commits an offence.(5) A person who interferes with or attempts to interfere with any ballot boxes, un-issued ballot papers, unused ballot papers, spoilt ballot papers, tendered ballot papers, marked ballot papers or a copy of the relevant final register in printed form marked under section 53(7)(a), commits an offence. (L.N. 65 of 2000; 14 of 2021 s. 151)(6) A person who interferes with or attempts to interfere with any opened ballot boxes, ballot paper accounts, verifications of number of ballot papers or any other relevant election materials referred to in this Regulation commits an offence. (14 of 2021 s. 151)(7) A person who obtains or attempts to obtain in any manner—(a) within a polling station or a no staying zone; or(b) within a no canvassing zone, without the express permission of the Presiding Officer or the Commission, information as to the candidate for whom an elector in that station is about to vote or has voted, commits an offence.(8) A person who communicates at any time to any person any information obtained in a polling station as to the candidate for whom an elector is about to vote or has voted, commits an offence.(9) A person who directly or indirectly induces an elector to display the elector’s ballot paper after the elector has marked it, so as to make known to any person a candidate for or against whom the elector has voted, commits an offence.(10) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months. (L.N. 84 of 2004 and L.N. 140 of 2004)(11) In this section—elector (選民) includes an authorized representative. (14 of 2021 s. 151) 97. (Repealed 14 of 2021 s. 152) 97A. Procedure in case of death or disqualification of candidate after close of poll (1) Subsection (1A) applies if, after the close of polling for a constituency but before the declaration of the result of the election—(a) proof is given to the satisfaction of the Returning Officer that a candidate has died; or(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a candidate is disqualified from being elected. (14 of 2021 s. 153)(1A) In the circumstances mentioned in subsection (1)(a) or (b), the Returning Officer must direct that the counting of the votes for the constituency is to begin or continue, as the case may be, as if the death or disqualification had not occurred. (14 of 2021 s. 153)(2) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the election, section 83(2) applies.(3) If the deceased or disqualified candidate is not successful at the election, the Returning Officer must declare the successful candidate to be elected as provided in section 83(1).(L.N. 65 of 2000) 97B. Procedure after election fails (1) A declaration under section 46(2) of the Legislative Council Ordinance (Cap. 542) is to be made by the Returning Officer by notice published in the Gazette.(2) A declaration under section 46A(3) of the Legislative Council Ordinance (Cap. 542) is to be made by the Returning Officer by a notice. The notice must be displayed in a prominent place outside the relevant counting station. As soon as practicable after the declaration is made, the notice must be published in the Gazette.(3) A by-election is to be arranged, subject to section 36(2) of the Legislative Council Ordinance (Cap. 542), under section 36(1) of that Ordinance.(L.N. 65 of 2000) 98. 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.(2) The following notices or notifications may be delivered by hand, by post, by electronic mail or by facsimile transmission— (12 of 2014 s. 57)(aa) notice of the decision of the Candidate Eligibility Review Committee as to whether a person is validly nominated as a candidate; (L.N. 65 of 2000; 14 of 2021 s. 154)(ab) 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; (L.N. 65 of 2000; 14 of 2021 s. 154)(a) (Repealed 12 of 2014 s. 57)(b) (Repealed L.N. 65 of 2000)(c) notice to Returning Officers and to candidates of the determination of a no canvassing zone and a no staying zone;(d) notice to Returning Officers and to candidates of the variation before the polling day of a no canvassing zone or a no staying zone;(e) notice to candidates of the arrangements for the drawing of lots to determine the order of appearance of the candidates on the ballot paper; and (12 of 2014 s. 43; 14 of 2021 s. 154)(f)-(g) (Repealed 12 of 2014 s. 43)(h) notice to candidates of the place for the counting of the 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 the votes after an adjourned poll or count may be given orally if notice by hand, by post, by electronic mail or by facsimile transmission is not practicable or is not suitable in the circumstances. (12 of 2014 s. 57)(L.N. 84 of 2004) 99. Commission to designate a Chief Returning Officer The Commission may designate—(a) a Returning Officer as the Chief Returning Officer. (E.R. 6 of 2019)(b) (Repealed L.N. 65 of 2000) 99A. Election return to be lodged in specified form The election return required to be lodged under section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in respect of a general election or a by-election must be in the specified form (if any).(L.N. 66 of 2008) 100. Commission to specify forms (1) The Commission may specify forms for the purposes 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. (L.N. 65 of 2000)(4) Forms specified under subsection (1) are to be made available free of charge. (L.N. 65 of 2000; 12 of 2014 s. 122)(5) Subsections (2), (3) and (4) do not apply to the specified forms for the election notices, by-election notices, notice of nominations, notice published under section 22 declaring the candidates who are returned un-contested as Members, notification by the Chief Electoral Officer of the particulars of election agents or the notice of guidance to electors referred to in section 39, ballot papers, the ballot paper account or notice of the election result.(6) The Commission may specify forms for notifications by the Returning Officer under the Legislative Council (Subscribers and Election Deposit for Nomination) Regulation (Cap. 542 sub. leg. C). (L.N. 65 of 2000) 101. Reporting of irregularities (1) If the Chief Electoral Officer, the Returning Officer or the Presiding Officer is of the opinion that an irregularity has occurred in relation to an election, a poll or a count, the relevant Officer must make a report in writing to the Commission.(2) A report of an irregularity must be made as soon as practicable after the relevant Officer becomes aware of it, but it must in any case be made within 14 days of the polling day of the election to which it relates.(3) If it appears to an Officer referred to in subsection (1) that an occurrence which that Officer considers to be a material irregularity has taken place or is likely to take place in relation to an election, that Officer must make a report to the Commission immediately, in a manner that Officer considers expedient in the circumstances.(4) If a report is made under subsection (3) otherwise than in writing, the Officer concerned must make a report also in writing as soon as practicable, and in any event within 30 days of the polling day of the election to which it relates. 101A. 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 43(1), (2) or (3A) of the Legislative Council Ordinance (Cap. 542) must— (L.N. 84 of 2004; 14 of 2021 s. 155)(a) be posted in Hong Kong;(b) subject to section 43(4A), (4B) and (4C) of the Legislative Council Ordinance (Cap. 542), contain materials relating only to the candidature of the candidate at the election concerned; (18 of 2011 s. 36; 14 of 2021 s. 155)(c) not exceed 50 grams in weight; (11 of 2019 s. 20)(d) be not larger than 165 mm × 245 mm and not smaller than 90 mm × 140 mm in size; and (11 of 2019 s. 20)(e) not exceed 5 mm in thickness at any part of the letter. (11 of 2019 s. 20)(2) If letters are sent, in a bulk mailing, free of postage by or on behalf of a candidate under section 43(1), (2) or (3A) of the Legislative Council Ordinance (Cap. 542), the candidate, or any person authorized by that candidate, must provide the Postmaster General with—(a) a specimen of the materials contained in that bulk mailing; and(b) a declaration—(i) in the specified form;(ii) signed by that candidate or the person; and(iii) stating that the materials contained in that bulk mailing are identical with the specimen provided to the Postmaster General. (14 of 2021 s. 155)(3) If the following applies in relation to any letters sent, in a bulk mailing, free of postage by or on behalf of a candidate under section 43(1), (2) or (3A) of the Legislative Council Ordinance (Cap. 542), the candidate is liable for payment of postage for all the letters in that bulk mailing—(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. (14 of 2021 s. 155)(L.N. 65 of 2000) 102. (Repealed 11 of 2012 s. 7) 103. Offence of false declaration (1) A person who, in an election related document, makes a statement which that person knows to be false in a material particular or recklessly makes a statement which is incorrect in a material particular or knowingly omits a material particular from an election related document commits an offence.(2) A person who directly or indirectly by himself or herself or by another person on his or her behalf conspires with, incites, compels, induces, coerces, intimidates or persuades another person to make a false statement in an election related document or to provide information which that person knows to be wrong in a material particular in an election related document commits an offence.(3) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 6 months.(3A) An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of sections 39 and 40 of the Legislative Council Ordinance (Cap. 542). (L.N. 65 of 2000; 11 of 2012 s. 55)(4) 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. (E.R. 6 of 2019) Part 7 Election Advertisements (Part 7 added 11 of 2012 s. 8) 104. 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 46 of the Legislative Council Ordinance (Cap. 542) or section 22C; or (14 of 2021 s. 156)(ii) the day on which the polling ends; open platform (公開平台) means a platform operated through the Internet to which the public has access without having to go through an access control process put in place for that platform;printed election advertisement (印刷選舉廣告) means an election advertisement printed on any material;printer (印刷人), in relation to a printed article, includes any person who reproduces the article by any means;publish (發布) means print, display, exhibit, distribute, post up, publicly announce or make publicly known by any other means, and includes continue to publish.(2) Any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this Part.(3) If a Returning Officer has not been appointed for a constituency, any reference in this Part to a Returning Officer is to be construed as a reference to the Chief Electoral Officer.(4) A document published by a candidate during an election period that gives details of the work done by the candidate in the capacity of—(a) the Chief Executive;(ab) a member of the Election Committee; (14 of 2021 s. 156)(b) a Member;(c) a member of a District Council;(d) a member of the Heung Yee Kuk;(e) the Chairman or Vice-Chairman or a member of the Executive Committee of a Rural Committee within the meaning of section 3(3)(a) of the Heung Yee Kuk Ordinance (Cap. 1097); or(f) a Rural Representative, (5 of 2014 s. 2) is an election advertisement for the purposes of this Part.(E.R. 2 of 2012) 105. 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. 106. Court may grant relief for election advertisements (1) A person who publishes an election advertisement without complying with section 105(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 105, 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 105(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 105(9) if the non-compliance by the applicant with section 105(1)(a) or (4) is the subject of an order made under subsection (2). 107. 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 105 has not been complied with. 108. 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 105. Part 8 Electronic Copy or Extract of Final Register for Purposes of Section 53(7)(b) (Part 8 added 14 of 2021 s. 157) 109. 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 final register, or of part of the final register, created and maintained under section 110;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. 110. FR electronic copy or extract (1) The Commission may, for the purposes of section 53(7)(b), create and maintain an electronic copy or extract of the final register, or of part of the final register—(a) to be stored on an electronic platform; and(b) access to which can be obtained through the Internet by using an electronic device.(2) An FR electronic copy or extract is to contain the identity document numbers of the electors and authorized representatives and such additional particulars or information that the Chief Electoral Officer thinks fit to include. 111. 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(7)(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. 112. Commission may authorize access to FR electronic copy or extract (1) A member of the Commission may, for the purposes of section 111(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 (Repealed L.N. 210 of 2001) Schedule 2 [ss. 2A, 3, 65, 75A & 91](L.N. 66 of 2008; 12 of 2014 s. 8)Postponement and Adjournment of General Election and By-election 1. Postponement of a general election and adjournment of poll at all polling stations or count at all counting stations (1) If, before the holding of a general election, it appears to the Commission that the election is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may postpone the holding of the election by making a declaration under section 4.(2) If, at any time during the polling or the counting of the votes at a general election, it appears to the Commission that the poll or count is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may adjourn the poll or count by making a declaration under section 4.(3) The occurrences for the purposes of subsections (1) and (2) are—(a) a typhoon or other climatic condition of a serious nature; or(b) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or count. 2. Postponement of election, adjournment of poll or count in respect of a single constituency (L.N. 84 of 2004)(1) If, during or before a general election or by-election, it appears to the Commission that the election for a constituency is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may postpone the election or by-election for the constituency by making a declaration under section 4.(2) If, at any time during a poll or count in respect of a general election or by-election, it appears to the Commission that the poll at all the polling stations, or the count at all the counting stations, for any constituency is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (3), the Commission may adjourn the poll at all the polling stations or the count at all the counting stations for that constituency by making a declaration under section 4. (L.N. 66 of 2008)(3) The occurrences for the purposes of subsections (1) and (2) are—(a) a typhoon or other climatic condition of a serious nature; (b) riot, open violence or any danger to public health or safety; or (12 of 2014 s. 81)(c) an occurrence which appears to the Commission to be a material irregularity relating to the election, the poll or count.(L.N. 84 of 2004) 3. Adjournment of poll or count at a particular station (L.N. 73 of 2011)(1) If, at any time during polling at a general election or by-election, it appears to the Presiding Officer that the poll at the polling station is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (2), the Presiding Officer may adjourn the poll at that polling station by making a declaration under section 4.(1A) If, at any time during counting at a general election or by-election, it appears to the Presiding Officer that the count at the counting station is likely to be obstructed, disrupted, undermined or seriously affected by an occurrence specified in subsection (2), the Presiding Officer may adjourn the count at the counting station by making a declaration under section 4. (L.N. 73 of 2011)(2) The occurrences for the purposes of subsections (1) and (1A) are— (L.N. 73 of 2011)(a) a typhoon or other climatic condition of a serious nature; (b) riot, open violence or any danger to public health or safety; or (12 of 2014 s. 82)(c) an occurrence which appears to the Presiding Officer to be a material irregularity relating to the election, the poll or count. 4. How a declaration for the purposes of sections 1, 2 and 3 is to be made and what it is to contain (1) A declaration for the purposes of sections 1, 2 and 3 is to be made by a notice published in the Gazette. If publication in the Gazette is not practicable in the circumstances, the notice may be published by other means determined by the Commission.(2) The declaration must contain the following as may be appropriate in each case—(a) a description (by name or otherwise) of the general election or by-election that is being postponed or in respect of which a poll or count is being adjourned or postponed;(b) the fact that the general election or by-election is being postponed;(c) the fact that polling or the counting of the votes is being postponed or adjourned;(d) a statement as to whether the polling or counting of the votes is being postponed or adjourned at all the polling stations or counting stations in respect of a constituency; (L.N. 84 of 2004)(e) a statement as to whether the polling or the counting of the votes is being adjourned at a single polling station or counting station referred to in paragraph (d) or certain polling stations or counting stations; and(f) a description (by name or otherwise) of the polling stations or counting stations at which a poll or count is being postponed or adjourned. 5. Procedure after adjournment of poll (1) If a poll is adjourned under this Schedule or section 44 of the Legislative Council Ordinance (Cap. 542), the procedure specified in this section is to be complied with. (L.N. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004)(2) The Presiding Officer must, in the presence of any persons present within the polling station, secure the ballot boxes and their contents in a manner that Officer thinks fit. Then, without counting or separating 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 relevant final register or registers that has been marked under section 53(7)(a) of this Regulation to the Returning Officer. (14 of 2021 s. 158)(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 44 of the Legislative Council Ordinance (Cap. 542), 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. (L.N. 147 of 1998; L.N. 84 of 2004 and L.N. 140 of 2004) 6. Procedure after adjournment or postponement of a count (1) If a count is adjourned under this Schedule or section 44 of the Legislative Council Ordinance (Cap. 542), or if the count is adjourned due to the postponement of a poll under this Schedule, the Returning Officer or the Presiding Officer, as may be appropriate, must comply with this section. (L.N. 147 of 1998; L.N. 140 of 2004)(2) The Returning Officer or the Presiding Officer, as may be appropriate, must take steps to cease the count. Then, in the presence of the persons, if any, present within the counting station, deposit the ballot boxes (whether opened or un-opened) and receptacles, if any, together with the ballot papers (whether counted or not), any un-issued ballot papers, tendered ballot papers, ballot paper account, verification of number of ballot papers, and any other relevant election materials, in a safe place within the counting station. If there is no safe place within the counting station, that Officer must deposit them in a safe place within a police station or a public building close to the counting station. If there is no such police station or public building, that Officer must deposit them in a secure building (which may even be a residential building) close to the counting station. If there is no police station, public building or secure building close to the counting station, that Officer must deposit the election materials in a safe place within any other police station or public building or in the absence of such a station or building, in a safe place in any other building (which may even be a residential building). (14 of 2021 s. 158)(3) The election materials must remain in the charge of the Returning Officer or the Presiding Officer, as may be appropriate. That Officer is to be responsible for their safety and security until the adjourned or postponed count is resumed under section 65(7) 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. (E.R. 6 of 2019) (L.N. 84 of 2004) 7. Appointment of a date by Commission for election, polling or counting after a postponement or an adjournment (1) If a general election or by-election is postponed under this Schedule, the Commission is to, as soon as practicable after the postponement, appoint a date for holding a general election or by-election, as may be appropriate. (L.N. 84 of 2004)(2) If a poll or a count is adjourned under this Schedule, the Commission is to, as soon as practicable after the adjournment, appoint a date for holding a poll or the count.(3) A date appointed under this section must not be later than 14 days after the date on which the postponed election or the adjourned poll or count would have been held. (12 of 2014 s. 83)(4) In each case referred to in sections 1, 2 and 3, the Commission is to, in the relevant notice making the declaration, specify the date appointed under this section to hold the relevant general election, by-election, the poll or the count, as the case may require. (L.N. 84 of 2004)(5) If it is not practicable to specify the date in the notice of declaration, the Commission is to specify it in a notice published in the Gazette soon after the publication of a notice of declaration. If such publication is not practicable in the circumstances, the date must be specified in a notice published by some other means the Commission considers appropriate.(6) The appointment of a date under this section for holding a by-election is subject to section 36(2) of the Legislative Council Ordinance (Cap. 542).(Schedule 2 amended L.N. 210 of 2001) Schedule 3 [s. 49]Forms of Ballot Papers for a General Election/By-election Form 1 Ballot Paper for Geographical Constituency # A code will be assigned to each of the geographical constituencies. Only the appropriate code will be printed.* Only the appropriate information will be printed.(14 of 2021 s. 159) _ Form 2 (Repealed 14 of 2021 s. 159) _ Form 2A (Repealed 14 of 2021 s. 159) _ Form 3(a) Ballot Paper for Functional Constituency # A code will be assigned to the functional constituency concerned. Only the appropriate code will be printed.* Only the appropriate information will be printed.@ The code assigned for the relevant functional constituency will precede the number allocated to each candidate.(L.N. 84 of 2004; L.N. 73 of 2011; L.N. 143 of 2019; 14 of 2021 s. 159) _ Form 3(b) Ballot Paper for Functional Constituency (More than One Vacancy) # A code will be assigned to the functional constituency concerned. Only the appropriate code will be printed.* Only the appropriate information will be printed.@ The code assigned for the relevant functional constituency will precede the number allocated to each candidate.(L.N. 84 of 2004; L.N. 73 of 2011; L.N. 143 of 2019; 14 of 2021 s. 159) _ Form 3(c) Ballot Paper for Functional Constituency # A code will be assigned to the functional constituency concerned. Only the appropriate code will be printed.* Only the appropriate information will be printed.@ The code assigned for the relevant functional constituency will precede the number allocated to each candidate.(8 of 2025 s. 24) _ Form 3(d) Ballot Paper for Functional Constituency (More than One Vacancy) # A code will be assigned to the functional constituency concerned. Only the appropriate code will be printed.* Only the appropriate information will be printed.@ The code assigned for the relevant functional constituency will precede the number allocated to each candidate.(8 of 2025 s. 24) _ Form 4 (Repealed L.N. 84 of 2004) _ Form 5(a) Ballot Paper for Election Committee Constituency (General Election or By-election)* Only the appropriate information will be printed.# The relevant number will be printed.(14 of 2021 s. 159) _ Form 5(b) Ballot Paper for Election Committee Constituency (By-election in relation to which Commission has Made Direction under Section 58A(2))* Only the appropriate information will be printed.# The relevant number will be printed.(14 of 2021 s. 159) Schedule 4 [s. 84]Forms for the Notice of Election Result under Section 58 of the Legislative Council Ordinance (Cap. 542) Form 1 Notice of Result of Election for Geographical Constituency 《選舉管理委員會(選舉程序) (立法會)規例》 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION 選舉結果公告 NOTICE OF RESULT OF ELECTION 立法會*換屆選舉/補選 *(地方選區名稱) LEGISLATIVE COUNCIL *GENERAL ELECTION/BY-ELECTION *(Name of Geographical Constituency) 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地方選區當選 —— It is hereby notified that the following candidate(s) *is/are declared to be elected for the above-mentioned geographical constituency *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: . 上述地方選區的選舉主任 Returning Officer for the above-mentioned geographical constituency * Only the appropriate information will be printed. (14 of 2021 s. 160) _ Form 2 Notice of Result of Election for Functional Constituency 《選舉管理委員會(選舉程序) (立法會)規例》 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION 選舉結果公告 NOTICE OF RESULT OF ELECTION 立法會*換屆選舉/補選 *(功能界別名稱) LEGISLATIVE COUNCIL *GENERAL ELECTION/BY-ELECTION *(Name of Functional Constituency) 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功能界別當選 —— It is hereby notified that the following candidate(s) *is/are declared to be elected for the above-mentioned functional constituency *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: . 上述功能界別的選舉主任 Returning Officer for the above-mentioned functional constituency * Only the appropriate information will be printed. (14 of 2021 s. 160) _ Form 3 (Repealed L.N. 84 of 2004) _ Form 4 (Repealed 14 of 2021 s. 160) _ Form 5 Notice of Result of Election for Election Committee Constituency 《選舉管理委員會(選舉程序) (立法會)規例》 ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION 選舉結果公告 NOTICE OF RESULT OF ELECTION 立法會*換屆選舉/補選 選舉委員會界別 LEGISLATIVE COUNCIL *GENERAL ELECTION/BY-ELECTION Election Committee Constituency 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選舉委員會界別當選 —— It is hereby notified that the following candidate(s) *is/are declared to be elected for the Election Committee constituency *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: . 選舉委員會界別的選舉主任 Returning Officer for the Election Committee constituency * Only the appropriate information will be printed. (14 of 2021 s. 160) Schedule 5 (Repealed L.N. 210 of 2001)