ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
Title
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
Description
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation .................................. Page
PART I
PRELIMINARY
1. Citation............................... ... ... ... ... ... ... ... ... B 4
2. Interpretation ...................... ... ... ... ... ... ... ... ... B 4
PART II
STAGES OF AN ELECTION PRECEDING A POLL
3. Notice of ordinary election .............. ... ... ... ... ... ... ... B 4
4. Notice of by-election where office of member declared vacant ... ... ... B 5
5. Notice of by-election where on death or disqualification of candidate election is
countermanded ........................... ... ... ... ... ... ... B 5
6. Nomination of candidates ................. ... ... ... ... ... ... B 5
7. Subscription of nomination paper ......... ... ... ... ... ... ... B 6
8. Consent to nomination and deposit ...... ... ... ... ... ... ... ... B 6
9. Decisions as to validity of nomination papers ... ... ... ... ... ... B 6
10. Withdrawal of candidature .............. ... ... ... ... ... ... ... B 7
11. Nomination in more than one constituency ... ... ... ... ... ... B 7
12. Publication of nominations ............. ... ... ... ... ... ... ... B 7
13. Declaration of election where number of candidates not in excess of number of
vacancies ........................... ... ... ... ... ... ... ... B 7
14. Publication of notice of by-election to fill remaining vacancies ... ... B 7
15. Appointment of election agent .......... ... --- --- ... ... ... B 8
16. Notice of particulars of election agents ... ... ... ... 1 ... ...
B 8
PART III
CONTESTED ELECTIONS
17. Votes to be given by ballot ............... ... ... ... ... ... ... ... B 9
18. Entitlement to vote ....................... ... ... ... ... ... ... B 9
19. Hours of poll .......................... ... ... ... ... ... ... ... B 9
20. Use of buildings as polling stations ..... ... ... ... ... ... ... ... B 9
21. Duties of registration officer in relation to polling stations ... ... ... B 9
22. Directions for guidance of electors in voting ... ... ... ... ... ... B 10
23. Form of ballot box B 10
24. Form of ballot paper ... .. ... ... ... ... ... ... ... ... ... ... . B 10
25. Appointment of polling agents ... ... ... ... ... ... ... ... ... ... B 11
26. Admission to polling stations ... ... ... ... ... ... ... ... ... ... B 11
27. Delineation of polling stations ... ... ... ... ... ... ... ... ... ... B 11
28. Offences in polling stations ... ... ... ... ... ... ... ... ... ... ... B 11
29. Sealing of ballot boxes ... ... ... ... ... ... ... ... ... ... ... ... B 12
30. Questions to be put to electors ... ... ... ... ... ... ... ... ... ... B 12
Regulation Page
31. Challenge of electors ... ... ... ... ... ... ... ... ... ... B 12
32. Issue of ballot papers... ... ... ... ... ... ... ... ... ... ... ... B 13
33. Method of voting... ... ... ... ... ... ... ... ... . ... ... ...---B 13
34. Votes marked by presiding officer ... ... ... ... ... ... ... ... ... ... B 13
35. Tendered ballot papers ... ... ... ... ... ... ... ... ... ... ... ... B 13
36. Spoilt ballot papers ... ... ... ... ... ... ... ... ... ... ... ... ... B 13
37. Adjournment of poll in case of riot, etc.... ... ... ... ... .. 1 ... ... B 14
38. Procedure at close of poll... ... ... ... ... ... ... ... ... ... ... B 14
39. Preparation of ballot paper account... ... ... ... ... ...---... ... B 14
PART IV
COUNTING OF VOTES
40. Appointment of counting agents ........ ... ... ... ... ... ... ... B 14
41. Notification of count .11 ................B 15
42. Appointment of counting officers ......... ... ... ... ... ... ... ... B 15
43. Persons entitled to be present at the count ... ... ... ... ... ... ... B 15
44. Opening of ballot boxes and counting of ballot papers ... ... ... ... ... B 15
45. Separation and counting of individual votes ... ... ... ... ... ... ... B 16
46. Re-count ............................... . . . ... ... ... ... ... B 16
47. Void ballot papers ....................... ... ... ... ... ... ... ... B 16
48. Endorsement of rejected ballot papers .... ... ... ... ... ... ... ... B 16
40. Returning officer's decisions in regard to ballot papers ... ... ... ... B 17
50....................Procedure on equality of votes ... ... ... ... ... ... ... ... ... B 17
51................Declaration of result ...... ... ... ... ... ... ... ... ... ... ... B 17
PART V
DISPOSAL OF
DOCUMENTS
52. Scaling of ballot papers, etc., in packets ... ...
53. Disposal of ballot papers, etc. .......... ... ... ... ... ... ... ... B 18
54.............................Power of High Court in relation to ballot papers ... ... ... ... ... B 18
55.........................Prohibition of inspection of ballot paper ... ... ... ... ... ... ... B 19
56....................Production of ballot papers, etc . ... ... ... ... ... ... ... ... ... B 19
57..................Destruction of ballot papers .... ... ... ... ... ... ... ... ... ... B 19
PART VI
SUPPLEMENTAL
PROVISIONS
58..................Penalty for officers acting as agents ... ... ... ... ... ... ... ... B
19
59. Prohibitions against employees of candidates acting as officers under these
regulations ............................ ... ... ... ... ... ... ... B 19
60. Powers of delegation by presiding officers ... ... ... ... ... ... ... B 20
60A........................Powers of delegation by returning officers ... ... ... ... ... ... ... B 20
61. Powers of candidates ......1 ............... ... ... ... ... ... 1 B 20
62. Saving...................... ............... ... . ... ... ... ... B
20
Regulation Page
63. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B 20
64. Declaration of secrecy ... ... ... ... ... ... ... ... ... ... ... ... B 20
65. Enforcement of provisions as to secrecy ... ... ... ... ... ... B 20
66. Keeping order in polling station ... ... ... ... ... ... ... ... ... ... B 21
67. Procedure where candidate dies during polling ... ... ... ... ... ... ... B 21
68. Display of notices, etc . ... ... ... ... ... ... ... ... ... ... ... ... B 22
69. Certain forms to be made available ... ... ... ... ... ... ... ... ... B 22
70. Disposal of deposits ... ... ... ... ... ... ... ... ... ... ... ... ... B 22
Schedule..Forms................................ ... ... ... ... ... ... ... ... ... B 23
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
(Cap. 367, section 28)
[27 November 1981.]
PART I
PRELIMINARY
1. These regulations may be cited as the Electoral Provisions
(Procedure) Regulations.
2. In these regulations, unless the context otherwise requires
polling station' has the meaning assigned to it in the Electoral
Provisions (Registration of Electors) Regulations;
presiding officer' means a person appointed under regulation
2I(1)(a) to be a presiding officer;
'returning officer', in relation to any constituency, means the
returning officer appointed under the Ordinance for the District
within which the constituency is situated.
'working day' means any day other than a public holiday or a
Saturday.
PART II
STAGES OF AN ELECTION PRECEDING A POLL
3. On a date between 2 and 15 -
(a) January 1983 and January of every third year thereafter in
the case of an Urban Council ordinary election;
(aa) January 1986 and January of every third year thereafter in
the case of a Regional Council ordinary election; and
(b) January 1982 and January of every third year thereafter in
the case of District Boards ordinary elections,
the returning officer shall publish in the Gazette a notice or ordinary
election in accordance with From 1 in the Schedule containing the
following particulars-
(i) notice of the number of vacancies in each constituency
concerned for persons to be elected to act as members of
the Urban Council, the Regional Council or the District
Boards, as the case may be;
(ii) that nominations for these vacancies will be received by
him, not later than 31 January next following, during office
hours on any working day at the address specified in such
notice;
(iii) that, subject to regulation 13, an ordinary election will be
held in that constituency on a date to be specified in the
notice, not being a date before 1 March or after 15 March
next following.
4. When notification of a vacancy of the office of a member
is published in the Gazette under section 18 of the Urban Council
Ordinance, under section 20 of the Regional Council Ordinance or
under section 14 of the District Boards Ordinance the returning
officer shall, subject to section 24(2) of the Ordinance, within 14 days
after the publication in the Gazette of the notification of such
after the publication in the Gazette a notice of by-election in accordance
with Form 2 in the Schedule containing the following particulars.
(a) notice that a vacancy exists in the constituency concerned
for a person to be elected to act as a member of the Urban
Council, the Regional Council or the relevant District
Board, as the case may be;
(b) that nominations for that vacancy will be received by him,
not later than 14 days after the date of publication in the
Gazette of the notice of by-election, during office hours on
any working day at the address specified in such notice;
(c) that, subject to regulation 13, a by-election will be held in
that constituency on a date to be specified in the notice,
being a date not less than 14 days and not more than 21
days after the last day appointed for the receipt by the
returning officer of nominations,
and shall proceed to hold a by-election accordingly.
5. (1) If at any election proof is given to the satisfaction of
the returning officer before the result of the election is declared that a
candidate for any constituency has died or become disqualified from
being elected then the returning officer shall forthwith declare that
in respect of that constituency the election is countermanded by
completing a notice in the specified form and shall publish such
notice in the Gazette as soon as practicable thereafter.
(2) Within 14 days of the publication of the notice under
paragraph (1) the returning officer shall, subject to section 24(2) of
the Ordinance, publish in the Gazette a notice of by-election in
accordance with Form 2 in the Schedule containing the particulars
set out in paragraphs (a), (b) and (c) of regulation 4, and shall
proceed to hold a by-election accordingly.
6. Each candidate shall be nominated by a separate nomination
paper in accordance with Form 3 in the Schedule delivered in
person by the candidate or his proposer or seconder to the returning
officer at the time and place appointed by him for the receipt of
nominations.
7. (1) Each nomination paper shall be subscribed by 2 electors,
registered for the constituency concerned, as proposer and seconder
and by 8 other such electors as assenting to the nomination.
(2) The returning officer shall permit any person to inspect, at
the time and place appointed for the receipt by the returning officer
of nominations, any nomination paper delivered to the returning
officer.
(3) The returning officer may, at the time and place appointed
for the receipt by him of nominations, at the request of any elector
prepare a nomination paper for signature.
(4) No elector shall at any election subscribe more nomination
papers than there are vacancies to be filled for the constituency
concerned.
(5) If any elector subscribes nomination papers in contravention of
paragraph (4), his signature shall be inoperative in all but those papers
(up to the permitted number) which are first delivered.
8. A person shall not be validly nominated unless there is
delivered to the returning officer at the time and place appointed for
the receipt by him of nominations.
(a)a form of consent to nomination and a declaration of
qualifications in accordance with Form 4 in the Schedule; and
(b)in the case of an Urban Council or a Regional Council election,
a receipt issued by the . tor of Accounting Services showing
that the sum of $3,000 has been deposited with the Director of
Accounting Services as deposit in respect of such person; or
(c)in the case of a District Board election, a receipt issued by the
Directon of Accounting Services showing that the sum of
$2,000 has been deposited with the Director of Accounting
Services as deposit in respect of such person.
9. (1) Where a nomination paper and the candidate's consent
thereto are received by the returning officer at the time and
place appointed therefor the candidate shall be deemed to stand
nominated unless and until the returning officer decides that the
nomination paper is invalid, or proof is given to the satisfaction of
the returning officer of the candidate's death or disqualification of
nomination or under regulation 10 the candidate withdraws.
(2) The returning officer shall be entitled to hold a nomination
paper invalid only on one of the following grounds-
(a) that the particulars of the candidate or the persons sub-
scribing to the paper are not as required by law; or
(b) that the paper is not subscribed as so required.
(3) The returning officer shall examine the nomination papers, and
decide whether the candidates have been validly nominated under these
regulations and shall do so as soon as practicable after each paper is
delivered.
(4) Where he decides that a nomination paper is invalid he shall
endorse and sign on the paper the fact and the reasons for his decision.
(5) The returning officer shall send notice of his decision to each
candidate at his residential address stated in his nomination paper.
(6) The decision of the returning officer that a nomination paper is
valid shall be final and shall not be questioned in any proceeding
whatsoever save and except in an election petition.
10. A candidate may withdraw his candidature by notice in
accordance with Form 5 in the Schedule signed by the candidate and
attested by one witness and delivered to the returning officer at the
place appointed for the receipt by him of nominations not later than
the day following the last day for receipt of nominations.
11. A candidate who is validly nominated for more than one
constituency must duly withdraw from his candidature in all those
constituencies except one, and if he does not so withdraw he shall be
deemed to have withdrawn from his candidature in all those
constituencies.
12. The returning officer shall publish in the Gazette a notice of
nominations in accordance with Form 6 in the Schedule, not earlier than
2 days and not later than 9 days after the last day appointed for the
receipt by him of nominations.
13. If the number of persons remaining validly nominated for a
constituency after any withdrawals under regulation 10 or 11 'does not
exceed the number of vacancies in that constituency, such person or
persons (if any) shall be declared elected in the notice of nominations
published under regulation 12.
14. (1) If the number of persons remaining validly nominated for a
constituency after any withdrawals under regulation 10 or 11 is less than
the number of vacancies in that constituency, the returning officer,
within such period as is specified in regulation 12, shall,
subject to paragraph (2) and section 24(2) of the Ordinance, publish in the Gazette a
notice of by-election to fill the remaining vacancies in accordance with
Form 2 in the Schedule containing the particulars set out in paragraphs
(a), (b) and (c) of regulation 4 and shall proceed to hold a by-election
accordingly.
(2) If a notice of by-election is published under paragraph (1)
and on the day following the last day appointed in such notice for
the receipt by the returning officer of nominations in respect of such
by-election any vacancy in the constituency concerned remains
unfilled, the returning officer shall not be required to publish a
further notice of by-election until the expiry of 6 months from the
date of publication of the previous notice of by-election.
(3) Within 7 days after the expiry of such period of 6 months
the returning officer shall, subject to section 24(2) of the Ordinance,
publish in the Gazette a notice of by-election in accordance with
Form 2 in the Schedule containing the particulars set out in
paragraphs (a), (b) and (c) of regulation 4 and shall proceed to hold
a by-election accordingly.
15. (1) Whenever an election is tobe held, each candidate
may, not later than 3 days after the last day appointed for the receipt
by the returning officer of nominations at that election, appoint a
person who has attained the age of 21 years as an election agent by
delivering to the returning officer a form of appointment in accordance
with Form 7 in the Schedule.
(2) One election agent only shall be appointed for each candidate
but the appointment may be revoked at any time by notice in writing
signed by the candidate and delivered to the returning officer.
(3) If, whether before, during or after the election the appointment
of an election agent is revoked or an election agent dies, another
election agent may be appointed forthwith by the candidate delivering
to the returning officer a form of appointment in accordance with Form 7
in the Schedule.
(4) For the purposes of these regulations, a duly appointed
election agent shall have authority to do all things necessary at the
election which could have been done by the candidate in person and at
any time in the absence of the candidate may take any steps and incur
any expenditure on behalf of the candidate and any such acts of the
election agent shall be as effectual as if they had been done by the
candidate in person.
16. (1) Not later than 10 days after the last day appointed for
the receipt by the returning officer of nominations at any election the
returning officer shall cause a notice of particulars of election agents
(if any) completed in accordance with Form 8 in the Schedule-
(a) to be displayed in a prominent place outside his office; and
(b)to be forwarded to each validly nominated candidate in the
constituency concerned.
(2) A copy of such notice shall as soon as practicable be published
in the Gazette.
PART III
CONTESTED ELECTIONS
17. At every election the votes shall be given by ballot and the poll
shall be conducted in accordance with the Ordinance and these
regulations.
18. Each elector shall be entitled to give one vote and no more for
each candidate at an election provided that the total number of votes he
may give shall not exceed the number of vacancies to be filled at such
election.
19. Subject to regulation 37, polling shall commence at 7.30 a.m.
and close at 10.30 p.m. on the day appointed for the holding of an
election or such other time or times as the registration officer may
specify by notice in the Gazette.
20. (1) The registration officer may designate for use, free of
charge, for the purpose of taking the poll or of counting the votes a
room in any
(a) school;
(b)building occupied by any organization, association or body,
in respect of which a grant is made out of the general revenue of Hong
Kong.
(2) The registration officer shall make good any damage done to
and defray any expense incurred by any person having control over,
any such room as aforesaid by reason of its having been used for the
purpose of taking a poll or of counting the votes.
(3) The registration officer may hire any premises or part thereof in
Hong Kong for such purpose.
21. (1) For any election the registration officer shall-
(a)appoint a presiding officer to preside at each polling station
and such other officers (including assistant presiding officers
and polling officers) as may be necessary for taking the poll;
(aa) at least 10 days before the date of any election send to each
elector entitled to vote at that election a poll card in the
specified form;
(ab) after publication by the returning officer of a notice of
nomination under regulation 12 furnish each
(i) candidate listed in such notice who applies or on whose
behalf an application is made by his election agent with an
extract of that part of the final register, in such
format and containing such additional information (if any) as
the registration officer may determine, which relates to the
constituency in respect of which- the candidate is nominated;
(ii) returning officer with one copy of that part of the final
register which relates to the District for which that officer is
appointed;
(b)furnish each polling station with such number of compartments
as he may deem necessary in which the electors may mark their
votes, screened from observation;
(c)furnish each presiding officer with such number of ballot boxes
and ballot papers as he may deem necessary;
(d)provide polling stations with materials to enable electors to
mark the ballot papers, and with copies of the appropriate part
of the register of electors for the polling station;
(e)do such other acts and things as may be necessary for
effectually conducting the election in the manner provided by
the Ordinance and these regulations.
(2)(a) The registration officer shall provide each presiding officer
with a list of the other officers appointed under paragraph
(1)(a) to assist him at his polling station.
(b)Each presiding officer shall cause the list referred to in sub-
paragraph (a) to be displayed in a prominent position within
his polling station.
22. A notice in accordance with Form 9 in the Schedule giving
directions for the guidance of electors in voting shall be exhibited
outside every polling station and in every compartment in the
polling station.
23. Every ballot box shall be so constructed that the ballot papers
can be put therein but cannot be withdrawn therefrom without the box
being unlocked.
24. (1) Every ballot paper shall be in accordance with Form 10 in the
Schedule and
(a)shall contain the name and, if the registration officer so
requires, the address of each candidate as shown in the notice
of nominations published under regulation 12;
(b) shall be capable of being folded up;
(c) [Deleted, L.N. 383/87]
(d)shall have a number and the date and description of the election
printed on the back.
(2) The registration officer may use such abbreviation of the
address referred to in paragraph (1)(a) as he considers necessary.
25. (1) Each candidate may appoint persons who have attained the-
age of 21 years as agents (in these regulations referred to as 'polling
agents') to attend at the polling stations for the purpose of detecting
personation.
(2) Notice in writing of the appointment, stating the names and
addresses of the persons appointed, shall be given by the candidate to
the returning officer 10 days at least before the opening of the poll.
(3) If a polling agent dies, or becomes incapable of acting, the
candidate may at any time appoint another polling agent in his place,
and shall forthwith give to the returning officer notice in writing of the
name and address of the polling agent so appointed.
(4) A polling agent in respect of whom such notice has been given
may, during the hours of the poll, attend at the polling station to which
he has been appointed and on attending shall report in person to the
presiding officer and produce his identity card and Form 12 in the
Schedule duly completed by him.
(5) A candidate may not appoint more than 2 polling agents to
attend at any one polling station.
(6) Not more than one polling agent in respect of each candidate
shall be admitted to any polling station at any one time.
26. (1) No person shall be admitted to vote at any polling station
other than the polling station designated in respect of that part of the
final register of electors in which his particulars are entered.
(2) The presiding officer may regulate the number of electors to be
admitted to the polling station at the same time and shall exclude all
other persons except
(a) the officers named in the list referred to in regulation 21(2);
(b) the returning officer;
(e) the candidates and their election agents;
(d) polling agents appointed to attend at the polling station;
(e) police officers on duty at the polling station;
(f) public officers authorized in writing by the Deputy Chief
Secretary.
27. Before the date of each election the registration officer shall
delineate clearly in such manner as he shall think fit, whether by marks,
barriers or by the display outside the polling station of a plan, the
boundaries of each polling station.
28. (1) Any person other than
(a) the returning officer;
(b) an officer appointed under regulation 21(1)(a);
(c) police officers on duty at any polling station,
who speaks to any elector within the boundaries of any polling station
commits an offence and is liable to a fine of $500
(2) Any person who-
(a) takes any photographs;
(b) canvasses; or
(e) displays any poster,
within the boundaries of any polling station commits an offence and is
liable to a fine of $500
29. Immediately before the commencement of the poll, the presiding
officer shall show the ballot box empty to such persqns, if any, as may
be present in the polling station, and shall then lock it up and place his
seal upon it in such manner as to prevent it being opened without
breaking the seal, and shall place it in his view for the receipt of ballot
papers, and keep it so locked and sealed.
30. (1) The presiding officer may, and if required by a candidate or
his election or polling agent shall, put to any person applying for a
ballot paper at the time of his application, but not afterwards, the
following questions, or either of them, that is to say
(a)Are you the person registered in the register of electors now
in force for this constituency and polling station as follows
(reads the whole entry from the register)?
(b) Have you already voted at the present election?
(2) A ballot paper shall not be delivered to any person required to
answer the above questions, or either of them, unless he has answered
the question or questions satisfactorily.
31. (1) If at the time a person applies for a ballot paper or after he
has applied for a ballot paper and before he has left the polling station, a
candidate or his election or polling agent declares to the presiding
officer that he has reasonable cause to believe that the applicant has
committed the ofrence of personation, as defined by section 6 of the
Corrupt and Illegal Practices Ordinance, and undertakes to substantiate
the charge in ' a court of law, or if the presiding officer has reasonable
cause to believe that the applicant has committed that offence, the
presiding officer may order a police officer to arrest the applicant, and
the order of the presiding officer shall be sufficient authority for the
police officer so to do.
(2) A person against whom a declaration is made under paragraph
(1) (whether or not such person has been arrested by order of the
presiding officer) or a person who has been arrested by order of the
presiding officer acting on his own initiative under paragraph (1) shall
not, by reason thereof, be prevented from voting.
(3) A person arrested under the provisions of this regulation shall
be dealt with as a person taken into custody by a police officer for an
offence without a warrant.
32. (1) A ballot paper shall not be delivered to an elector unless the
elector produces to the polling officer either his identity card or such
other document showing his identity card number and name as will
satisfy the polling officer that the elector is the person named in the
register whom he claims to be.
(2) Immediately before delivery of a ballot paper to an elector---
(a)the name of the elector as stated in the copy of the register
shall be called out; and
(b)a line shall be placed in the register against the identity card
number and name of the elector to denote that he has received
a ballot paper, but without showing the particular ballot paper
which he has received.
33. (1) Subject to regulation 34, the elector, on receiving the ballot
paper, shall forthwith proceed into one of the compartments in the
polling station and there secretly mark his paper and fold it up so as to
conceal his vote and put the ballot paper, so folded up, into the ballot
box in the presence of the presiding officer.
(2) The elector shall vote without undue delay, and shall leave the
polling station as soon as he has put his ballot paper into the ballot box.
34. The presiding officer, on the application of-
(a)an elector who is incapacitated by blindness or other physical
cause from voting in the manner directed by these
regulations; or
(b) an elector who declares orally that he is unable to read,
shall cause the vote of the elector to be marked on a ballot paper in the
manner directed by the elector and the ballot paper to be placed in the
ballot box.
35. If a person, representing himself to be a particular elector
entered on the register, applies for a ballot paper after another person
has voted as such elector, the applicant shall, upon satisfactorily
answering the questions set out in regulation 30(1), be entitled to mark a
ballot paper in the same manner as any other elector, but before the
ballot paper (in these regulations referred to as ---a tendered ballot
paper') is delivered to the applicant it shall be endorsed on the front
with the word '7ENDEREW.
36. An elector who has inadvertently dealt with his ballot paper in
such a manner that it cannot be conveniently used as a ballot paper
may, on delivering it to the presiding officer and proving the fact of the
inadvertence to the satisfaction of such officer, obtain another ballot
paper in the place of the ballot paper so delivered up (in these
regulations referred to as 'a spoilt ballot paper'), and the spoilt ballot
paper shall be immediately cancelled.
37. (1) Where the proceedings at any polling station are interrupted
or obstructed by riot, open violence, typhoon or other climatic condition
or by any other cause, the presiding officer shall adjourn the
proceedings until another day not being a public holiday but not more
than 4 days (not being public holidays) later and shall forthwith give
notice to the returning officer.
(2) Where the poll is adjourned at any polling station-
(a)the hours of polling on the day to which it is adjourned shall
be the same as for the original day; and
(b)reference in these regulations to the close of the poll shall be
construed accordingly.
38. As soon as practicable after the close of the poll, each
presiding officer shall, in the presence of such persons as may then be
present in the polling station
(a) seal with his own seal each ballot box, in use at his
station, in such a manner as to prevent the introduction of
additional ballot papers, and unopened, but with the key
attached;
(b) make up into separate packets sealed with his own seal-
(i) the unused and spoilt ballot papers, placed together;
(ii) the marked copies of the register,
and shall deliver the ballot box and such packets to the returning officer
to be taken charge of by him.
39. The packets shall be accompanied by a statement (in these
regulations referred to as 'the ballot paper account') made by the
presiding officer in the specified form showing the number of ballot
papers entrusted to him and accounting for them under the heads of
(a) ballot papers believed to be in the ballot box;
(b) unused and spoilt ballet papers
PART IV
COUNTING OF VOTES
40. (1) Each candidate may appoint not more than 2 persons who
have attained the age of 21 years as agents (in these regulations referred
to as 'counting agents') to attend at the counting of the votes.
(2) Notice in writing of the appointment, stating the names and
addresses of the persons appointed, shall be given by the candidate to
the returning officer 10 days at least before the opening of the poll.
(3) If a counting agent dies, or becomes incapable of acting, the
candidate may at any time appoint another counting agent in his place,
and shall forthwith give to the returning officer notice in writing of the
name and address of the counting agent so appointed.
41. The returning officer shall make arrangements for counting the
votes in the presence of the candidates, their election agents or their
counting agents as soon as practicable after the close of the poll, and
shall give to the candidates or to their election agents not less than 24
hours' notice in writing of the time and place at which he will begin to
count the votes.
42. (1) The registration officer may appoint as many counting
officers as may be required to assist each returning officer in counting
the votes and shall provide each returning officer with a list of the
counting officers appointed to assist him.
(2) Each returning officer shall cause the list referred to in
paragraph (1) to be displayed in a prominent position within the place
designated under regulation 20 for the purpose of counting the votes.
43. Except with the consent of the returning officer, no person
other than the returning officer, the counting officers appointed under
regulation 42, and the candidates and their election agents and counting
agents may be present at the counting of the votes.
44. (1) Before the returning officer proceeds to count the votes, he
shall, in the presence of such persons as are present in accordance with
regulation 43
(a)open each ballot box and, taking out the ballot papers therein,
count and record the number thereof taken from the ballot
boxes from each polling station in the constituency concerned;
(b) verify each ballot paper account; and
(c) then, separately in respect of each such constituency, mix
together the whole of the ballot papers relating to the
election of the candidates for that constituency.
(2) The returning officer shall not count any tendered ballot paper.
(3) The returning officer shall verify each ballot paper account by
comparing it with the number of the ballot papers recorded by him, and
if necessary or if so required by any person entitled to be present, the
unused and spoilt ballot papers in his possession and shall draw up a
statement as to the result of the verification which any election agent
may copy.
45. (1) Whenever the returning officer shall have drawn up the
statement referred to in regulation 44(3) he shall, subject to regulation
47, cause
(a)in the case of a single member constituency or of a by-
election to fill only one vacancy, the ballot papers on which
votes have been recorded for each candidate to be placed in
separate piles; or
(b)in any other case, the ballot papers on which votes have been
recorded for a single candidate or more than one candidate to
be placed in separate piles in such manner by reference to
each candidate or the candidates as the returning officer may
direct.
(2) The votes recorded for each candidate shall then be counted.
(3) The returning officer shall, so far as practicable, proceed
continuously with counting the votes until completed.
46. (1) A candidate or his election agent may, if present when the
counting or any re-count of the votes is completed, require the
returning officer to have the votes re-counted or again re-counted, but
the returning officer may refuse to do so if in his opinion the request is
unreasonable.
(2) No step shall be taken on the completion of the counting or any
re-counting of votes until the candidates and election agents present at
the completion thereof have been given a reasonable opportunity to
exercise the right conferred by this regulation.
47. (1) Any ballot paper-
(a)on which votes are given for more candidates than the elector
is entitled to vote for;
(b)on which anything is written or marked by which the elector
can be identified;
(ba) which is endorsed on the front with the word 'TENDERED';
(c) which is unmarked or void for uncertainly, or
(d) which is substantially mutilated,
shal(2) Where the elector is entitled to vote for more th, than one void
candidate, the ballot paper shall not be deemed to be y under paragraph
(1)(c) as regards any vote as to which no uncertainty arises, and that
vote shall be counted.
48. (1) The returning officer shall-
(a)endorse the word 'rejected' on any ballot paper which under
regulation 47 is not to be counted; and
(b)in the case of a ballot paper on which any vote is counted
under paragraph (2) of that regulation, endorse the words
'rejected in part and a memorandum thereon specifying the
votes counted.
(2) The returning officer shall, in either case, add to the
endorsement the words rejection objected to', if an objection is made by
any candidate, election agent or counting agent to his decision.
(3) The returning office shall draw up a statement showing
the number of ballot paper rejected, including those rejected in
part, under the several heads of -
(a) voting for more candidates than entitled to;
(b) writing or mark by which the elector could be identified;
(ba) endorsed on the front with the word 'TENDERED';
(c) unmarked or wholly void for uncertainty;
(d) rejected in part;
(e) substantially mutilated.
49. The decision of the returning officer as to any question
arising in respect of any ballot paper shall be final, but shall be subject
to review on an election petition.
50. Where, after the counting of the votes (including any re-count)
is completed, an equality of votes is found to exist between any
candidates and the addition of a vote would entitle any of those
candidates to be declared elected, the returning officer shall forthwith
decide between those candidates by lot, and proceed as if the candidate
on whom the lot falls had received an additional vote.
51. (1) When the result of the poll has been ascertained the
returning officer shall forthwith declare to be elected the candidate or
candidates to who m the majority of votes have been given.
(2) The returning officer shall prepare 5 copies of a notice of result
of election completed in accordance with Form 11 in the Schedule and
(a) forthwith forward one copy to the Chief Secretary;
(b) forthwith forward one copy to the Designated Officer;
(c)forthwith affix one copy to the outside of the outside door of
the place where the count took place;
(d)cause one copy to be published in the Gazette within 10 days
of the day when the result was declared;
(e)retain one copy and place it with the voting papers as directed
in regulation 53;
PART V
DISPOSAL OF DOCUMENTS
52. As soon as practicable after the result of the poll in any
election has been ascertained, the returning officer shall, in the
presence of the candidates, their election agents or their counting
agents, seal up in separate packets-
(a) counted ballot papers;
(b) if necessary, unused and spoilt ballot papers;
(c) rejected ballot papers, including ballot papers rejected in
part; and
(d) tendered ballot papers;
endorsing on each packet a description of its contents, the date of
the election to which they relate and the name of the constituency for
which the election was held.
53. As soon as is practicable after the preparation of the notice of
result of the election under regulation 51(2) the returning officer shall
forward to the registration officer
(a)the ballot paper accounts and the statements referred to in
regulation 44(3);
(b) the statement referred to in regulation 48(3);
(e)all the material dealt with under regulation 52, and unused and
spoilt ballot papers if not dealt with under that regulation;
(d) the sealed packets of the marked copies of the register;
(e) the copy of the notice of result of election; and
(f)all nomination papers, consents to nomination, withdrawals of
nomination, and notices of nomination, appointment of election
agents, polling agents and counting agents received by him.
54. (1) The High Court, on being satisfied by evidence on oath
(a)that the production or inspection of any tendered ballot papers
or rejected ballot papers, including ballot papers
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(b) that the inspection of counted ballot papers,
is required for the purpose of instituting or maintaining a prosecution
for an offence in relation to ballot papers, or for the purpose of an
election petition, may make an order for the production or inspection of
any such ballot papers.
(2) An order under this regulation may be made subject to such
conditions as to persons, time, place and mode of production or
inspection of ballot papers as the court may think expedient, and may
direct the registration officer to retain the ballot papers intact for such
period as may be specified in the order.
(3) Any power given to the High Court by this regulation may be
exercised in court or in chambers.
55. Except by order of the High Court made under regulation 54 no
person shall be allowed to inspect any ballot papers in the custody of
the registration officer.
56. Where an order is made for the production by the registration
officer of any document in his possession relating to any specified
election, the production by the registration officer of the document, in
such manner as may be directed by the order, shall be conclusive
evidence that the document so produced relates to the specified
election, and any endorsement appearing on any packet of ballot papers
produced by the registration officer shall be prima facie evidence of
those papers being what they are stated to be by the endorsement.
57. The registration officer shall retain for 6 months all documents
relating to an election forwarded to him by the returning officer in
pursuance of these regulations, and then, unless otherwise directed by
an order made under regulation 54, shall cause them to be destroyed.
PART VI
SUPPLEMENTAL
PROVISIONS
58. Any
(a) returning officer; or
(b) officer appointed under regulation 21(1)(a) or 42,
appointed for the purposes of an election who at that election acts as an
election agent, a polling agent or a counting agent commits an offence
and is liable to a fine of $5,000.
59. No person shall be appointed to act as an officer under these
regulations for the purpose of an election who has been employed by or
on behalf of a candidate in or about such election.
60. A presiding officer may do, by the officers appointed to assist
him, any act which he is required or authorized by these regulations to
do at a polling station except ordering the arrest, exclusion or removal of
any person from the polling station or adjourning a poll.
60A. A returning officer may do, by an assistant returning officer
appointed under section 23 of the Ordinance to assist him, any act
which he is required or authorized by these regulations to do at an
election with the exception of the functions prescribed under
regulations 9, 49, 50 and 5 1 (1).
61. A candidate may himself do any act or thing which an election
agent of his, if appointed, would have been authorized or required to do,
or may assist his election agent in doing any such act or thing, but
before acting under this regulation the candidate shall make the
declaration of secrecy required to be made under regulation 64.
62. Where in these regulations any act or thing is required or
authorized to be done in the presence of the candidates, their election
agents, polling agents or counting agents, the non-attendance of any
such person, at the time and place appointed for the purpose shall not, if
the act or thing is otherwise duly done, invalidate the act or thing done.
63. [Revoked, 65 of 1984, s. 291
64. (1) Every returning officer, and other officer and every other
person authorized to attend at a polling station except as an elector
shall, before entering any polling station, make a declaration of secrecy
in accordance with Form 12 in the Schedule; and every counting agent
and counting officer and every other person authorized to attend at the
counting of the votes shall, before the counting commences, make a like
declaration of secrecy.
(2) In the case of a returning officer the declaration shall be made in
the presence of a justice of the peace, and in the case of any other
officer, any candidate or any agent the declaration may be made in the
presence of a justice of the peace, Commissioner for Oaths or returning
officer.
(3) [Deleted, 65 of 1984, s. 29]
(4) Every returning officer and other officer and every other person
authorized to attend at a polling station or at the counting of the votes,
shall maintain and aid in maintaining secrecy of the votin
g
6~ (1) No person shall-
(a)except for some purpose authorized by law, communicate to
any person any information as to the identity card number or
name on the register of any elector who has or
has not applied for a ballot paper or voted at a polling
station; or
(b)communicate to any person any information obtained at
the counting of the votes, as to the candidate for whom any
vote is given on any particular ballot paper.
(2) No person shall-
(a)interfere with or attempt to interfere with an elector when
recording his vote;
(b)otherwise obtain or attempt to obtain in a polling station
information as to the candidate for whom an elector in
that station is about to vote or has voted;
(c)communicate at any time to any person any information
obtained in a polling station as to the candidate for whom
an elector in that station is about to vote or has voted, or
as to the number on the ballot paper given to an elector at
that station; or
(d)directly or indirectly induce an elector to display his ballot
paper after he has marked it so as to make known to any
person the name of the candidate for or against whom he
has so marked his vote.
(3) Any person who contravenes any of the provisions of
this regulation commits an offence and is liable to a fine of
$5,000.
66. (1) It shall be the duty of the presiding officer to keep
order at his polling station.
(2) If any person misconducts himself in a polling station, or
fails to obey a lawful order of the returning officer or the presiding
officer, such officer may order him to leave the polling station and if
he fails to leave the polling station immediately, he may be removed
from the polling station by a police officer, or by any other person
authorized in writing by the returning officer or the presiding officer
to remove him; and the person so removed shall not. without the
permission of the presiding officer, again enter the polling station
during that day.
(3) Any person so removed may, if charged with the commis-
sion in the polling station of an offence, be dealt with as a person
taken into custody by a police officer for an offence without a
warrant.
(4) The powers conferred by this regulation shall not be
exercised so as to prevent an elector who is otherwise entitled to vote
at a polling station from having an opportunity of voting at that
station.
67. (1) If, when an election is countermanded under regula-
tion 5, polling has begun then the returning officer shall direct that
the poll be abandoned, the proceedings at or consequent on that poll
shall be interrupted and the presiding officer at every polling station in
the constituency concerned shall take the like steps (so far as not
already taken) for the delivery to the returning officer of ballot boxes
and of ballot papers and other documents as he is required to take on
the close of the poll in due course, and the returning officer shall
dispose of ballot papers and other documents in his possession as he is
required to do so on the completion in due course of the counting of the
votes; but
(a)it shall not be necessary for any ballot paper account to be
prepared or verified; and
(b)the returning officer, without taking any step or further step
for the counting of the ballot papers or of the votes, shall seal
up all the ballot papers, whether the votes on them have been
counted or not, and it shall not be necessary to seal up
counted and rejected ballot papers in separate packets.
(2) The provisions of these regulations as to the production,
retention and destruction of ballot papers and other documents relating
to a poll at an election shall apply to any such documents relating to a
poll abandoned under paragraph (1), with the following modifications
(a)ballot papers on which the votes were neither counted nor
rejected shall be treated as counted ballot papers; and
(b)no order shall be made for the -production or inspection of
any ballot papers unless the order is made by a court with
reference to a prosecution.
68. Without prejudice to anything contained herein, a returning
officer may publish or display in such manner as he thinks fit any
notice, declaration or other writing referred to in these regulations.
69. The registration officer shall cause to be made available free of
charge during office hours on working days at his office and at the
office of each returning officer and at such other places throughout
Hong Kong as he deems necessary copies of Forms 3, 4, 5, 7 and 12 in
the Schedule.
70. (1) The deposit made under regulation 8(b) shall either be
returned to the person making it or to his personal representative or be
forfeited to the Crown.
(2) If a candidate is not shown as standing nominated under
regulation 12 or if the election is countermanded under regulation 5, the
returning officer shall as soon as is practicable thereafter return the
receipt for the deposit to the Director of Accounting Services and shall
certify in writing to him that such deposit should be returned, and, as
soon as is practicable thereafter, the Director of Accounting Services
shall return the said deposit to the candidate or to his personal
representative, as the case may be.
(3) Subject to the provisions of paragraph (4), as soon as is
practicable after the notice of the result of the election has been
prepared under regulation 51(2), the returning officer shall return the
receipt for the deposit to the Director of Accounting Services and shall
certify in writing to him, that the deposit should be so returned, and, as
soon as is practicable thereafter, the Director of Accounting Services
shall return the deposit to the candidate or to his personal
representative, as the case may be.
(4) If after the preparation of the notice of result of the election
under regulation 51(2) it is found by the returning officer that less than
one eighth of the electors who recorded their votes in the constituency
concerned have voted for a candidate and that candidate has not been
elected, the returning officer shall return the receipt for the deposit to
the Director of Accounting Services and shall certify in writing to him
that the deposit should be forfeited and thereupon the Director of
Accounting Services shall forfeit the deposit to the Crown.
SCHEDULE
FORM 1 [reg. 3.]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
NOTICE OF ORDINARY ELECTION OF THE *URBAN COUNCIL/
REGIONAL COUNCIL/(name of district) DISTRICT BOARD
1. It is hereby notified that on 1 April (year) there will be the following
vacancies for elected members in the constituencies named below:
Name of Constituencies Number of Vacancies
2. Nominations for the above vacancies will be received by me or one of my
Assistant Returning Officers at (address of the Returning Officer) during office hours on
any working day up to and including 31 January (year).
3. Forms of nomination papers may be obtained free of charge during office
hours on any working day from me or one of my Assistant Returning Officers at
the above address, the Registration Officer at (address of the Registration Officer),
or any District Office.
4. If the election is contested, an ordinary election will be held on
..................................................
Date ............................................
...........
Returning Officer
for the District
* Delete whichever is inapplicable.
1987 ed cap 367 b25
FORM 3 [regs, 6 & 7.]
ELECTORAL PROVISIONS (PROCEDURE)
REGULATIONS
NOMINATION PAPER
ELECTION OF AN URBAN COUNCIL MEMBER/A RE-
GIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the
...................................................................................................
...........................................................
................................------ Constituency
in ..............................
District.
Date of Election: ..................................................................................
1 . We are electors registered for the above constituency and we hereby nominate
the following person as a candidate at the above election.
Candidate's Name Hong Kong Telephone
Identity Card Residential Address
Number Number
Nameof Signature Hong Kong Residential
Identity Card
Number Address
Proposer
Seconder
2.We are electors registered for the above constituency and we hereby assent to
the above nomination.
Hong Kong
Elector's Name SignatureIdentity Card Residential
NumberAddress
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
* Delete whichever is inapplicable.
Note: A note on how to complete this form will be issued separately.
1987 ed cap 367 b27
FORM 4 [reg. 8(a).]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
CANDIDATE'S CONSENT TO NOMINATION AND
DECLARATION OF QUALIFICATIONS
ELECTION OF AN URBAN COUNCIL MEMBER/A REGIONAL
COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the
...................................................................................................
Constituency
in ......................District.
Date of Election: ..................................................................................
1. I, Name as on
Nomination Paper
Hong Kong Identity
Card Number
Residential Address
hereby consent to my nomination as a candidate at the above
election.
2. I hereby declare that I am qualified under section 18 of the Electoral
Provisions Ordinance for nomination as a candidate and for election.
3. I hereby further declare that to the best of my knowledge and belief I am
not disqualified from being nominated or elected by reason of any disqualification
contained in section 19 of the Electoral Provisions Ordinance.
....................
(Signature of Candidate)
Date .........................................................
4. This form was signed in my presence.
Hong Kong
Name of Witness Identity Residential Address Signature
Card of Witness
Number
Delete whichever is inapplicable.
Note:A note on the qualifications and disqualifications for candidates and on how to complete this form will be
issued separately.
1987 ed cap 367 b29
FORM 5 [reg. 10]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
WITHDRAWAL OF CANDIDATURE
ELECTION OFflAN URBAN COUNCIL MEMBER/A RE
GIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the ...................................................................................................
Constituency
in .....................District.
Dateof Election:..................................................................................
1. I, Name as on
Nomination Paper
Hong Kong Identity
Card Number
Residential Address
am a duly nominated candidate at the above election. However, I do not now wish to be
nominated as such candidate and I hereby withdraw my consent to nomination
dated ...........................................................
................
(Signature of Candidate)
Date
2. This form was signed in my presence.
Hong Kong
Name of Witness Identity Signature
Card Residential Address of Witness
Number
* Delete whichever is inapplicable.
Note: A note on how to complete this form will be issued
separately.
1987 ED CAP 367 B31 1987 ED CAP 367 B32 1987 ED CAP 367 B33
FORM 7 [regs. 15(1) & (3).]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
APPOINTMENT OF ELECTION AGENT
ELECTION OF AN URBAN COUNCIL MEMBER/A REGIONAL
COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the
...................................................................................................
.....................
Constituency
in ........................................ District.
Date of Election: ..................................................................................
1 . I hereby appoint the following person to act as my election agent at the
above election:
Name of Election Agent
Hong Kong Identity
Card Number
Telephone Number
Residential Address
Candidate's Signature ...........................
Candidate's Name in Block Letters
....................................
Date .....................................................
2. This form was signed in my presence.
Hong Kong
Name of Witness Identity Residential Address Signature
Card of Witness
Number
* Delete whichever is inapplicable.
Note:A note on the appointment ofan election agent generally and how to complete this form will be issued
separately.
1987 ED CAP 367 B35
FORM 8 [reg. 16.]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
NOTICE OF PARTICULARS OF ELECTION AGENTS
ELECTION OF *AN URBAN COUNCIL MEMBER/A
REGIONAL COUNCIL MEMBER/A DISTRICT BOARD MEMBER
for the
..............................................................................
Constituency
in .......................District.
Date of Election: ..................................................................................
The following is a statement of the particulars of election agents appointed by
the validly nominated candidates at the above election. All claims, notices, writs,
summons and other documents which are required to be sent to the candidates may
be sent to their election agents as indicated below.
Nameof Name of His Election Agent's Election Agent's
Candidate Election Agent Residential Address Telephone
Number
Date
........... 1
.Returning Officer
for the....... District
............
* Delete whichever is inapplicable.
1987 ED CAP 367 B37 FORM 9
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
DIRECTIONS FOR THE GUIDANCE OF ELECTORS IN VOTING
1. You may vote for not more than _____________ candidate(s)*.
2. You will go into one of the compartments and, with the pen provided there, place
a cross on the right-hand side of the ballot paper, opposite the name of the
candidate(s)* for whom you vote, thus X.
3. You will fold up the ballot paper to conceal your vote from being seen by
anybody. You will then leave the compartment and in the presence of the
presiding officer put the ballot paper into the ballot box, and forthwith leave the
polling station.
4. The ballot paper must not be torn in any way.
5. If you have inadvertently spoilt a ballot paper, you may return it to the presiding
officer who will, if he is satisfied of such inadvertence, give you another paper.
6. If you vote for more than _____________ candidate(s)*, or place any mark
on the ballot paper by which you may be indentified afterwards, your ballot paper
will be void and your vote will not be counted.
7. If you fraudulently take a ballot paper out of the polling station or fraudulently
put into the ballot box any paper other than the ballot paper given to you by an
officer at the poll, you will be liable on summary conviction to a fine not
exceeding $500 or to imprisonment not exceeding 3 months, or to both such fine
and such imprisonment.
* Delete whichever is inapplicable. 1987 ed cao 367 b39 1987 ed cap 367 b40 1987 ed cap 367 b41 1987 ed cap 367 b42
FORM 12 [reg. 64.]
ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS
DECLARATION OF SECRECY
ELECTION OF AN URBAN COUNCIL MEMBER/A RE-
GIONAL COUNCIL MEMBERIA DISTRICT BOARD MEMBER
for the ...................................................................................................
................................. Constituency
*in ............................. District.
Date of Election: ..................................................................................
. ...........................
(Name)
of
................................................................................................................................
(residential address)
solemnly promise and declare that, at the above election, 1 will not do anything
forbidden by regulation 65 of the Electoral Provisions (Procedure) Regulations,
which has been read to me.
...................
(Signature)
Date .........................................................
2. Regulation 65 of the Electoral Provisions (Procedure) Regulations has been
read to the declarant by me and the above declaration was made before me.
Signature of *a Justice
of the Peace/
Returning Officer/
Commissioner
for Oaths ..............................
Name in Block
Letters of *a Justice
of the
Peace/Returning
Officer/Commissioner
for Oaths ...
Date.........................................................
* Delete whichever is inapplicable.
Note: A note on regulation 65 of the Electoral Provisions (Procedure) Regulations and how to complete this form
will be issued separately.
1987 ED CAP 367 B44 L.N. 368/81. 65 of 1984. 41 of 1985. L.N. 383/87. Citation. Interpretation. Notice of ordinary election. 65 of 1984,s,29. 41 of 1985,s.24. Form 1. 41 of 1985,s.24. Notices of by-election where office of member declared vacant. 65 of 1984,s.29. 41 of 1985,s.24. (Cap.101.) (Cap. 385.) (Cap. 366.) Form 2. Notice of by-election where on death of disqualification of candidate election is countermanded. Form 2. Nomination of candidates. Form 3. Subscription of nomination paper. Consent to nomination and deposit. Form 4. L.N.383/87. L.N.383/87. Decisions as to validity of nomination papers. Withdrawal of candidature. Form 5. Nomination in more than one constituency. Publication of nominations. Form 6. Declaration of election where number of candidates not in excess of number of vacancies. Publication of notice of by-election to fill remaining vacancies. Form 2. Appointment of election agent. 65 of 1984,s.29. Form 7. Form 7. Notice of particulars of election agents. 65 of 1984,s.29. Form 8. votes to be given by ballot. Entitlement to vote. Hours of poll. L.N. 383/87. Use of buildings as polling stations. 65 of 1984,s.29. Duties of registration officer in relation to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. L.N. 383/87. Directions for guidance of electors in voting. Form 9. Form of Ballot box. Form of ballot paper. 65 of 1984,s.29. Form 10. L.N. 383/87. 65 of 1984,s.29. Appointment of polling agents. 65 of 1984,s.29. Form 12. Admission to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. L.N.383/87. Delineation of polling stations. Offences in polling stations. Sealing of ballot boxes. Questions to be put to elections. 65 of 1984,s.29. Challenge of electors. (Cap. 288.) Issue of ballot papers. 65 of 1984,s.29. Method of voting. Votes marked by presiding officer. Tendered ballot papers. Spoilt ballot papers. Adjournment of poll in case of riot, etc. 65 of 1984,s.29. Procedure at close of poll. 65 of 1984,s.29. Preparation of ballot paper account. Appointment of counting agents. 65 of 1984,s.29. Notification of count. 65 of 1984,s.29. Appointment of counting officers. Persons entitled to be present at the count. Opening of ballot boxes and counting of ballot papers. Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Endorsement of rejected ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Returning officer's decisions in regard to ballot papers. Procedure on equality of votes. Declaration of result. Form 11. Sealing of ballot papers, etc., in packets. 65 of 1984,s.29. L.N.383/87. Disposal of ballot papers, etc. Power of High court in relation to ballot papers. 65 of 1984,s.29. Prohibition of inspection of ballot paper. 65 of 1984,s.29. Production of ballot papers, etc. destruction of ballot papers. Penalty for officers acting as agents. Prohibitions against employees of candidates acting as officers under these regulations. Powers of delegation by presiding officers. Powers of delegation by returning officers. 65 of 1984,s.29. Powers of candidates. Saving. 65 of 1984,s.29. Declaration of secrecy. Form 12. 65 of 1984,s.29. Enforcement of provisions as to secrecy. 65 of 1984,s.29. 65 of 1984,s.29. Keeping order in polling station. Procedure where candidate dies during polling. Display of notices, etc. Certain forms to be made available. Disposal of deposits. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 54 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. 41 of 1985,s.24. L.N.383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24.
Abstract
L.N. 368/81. 65 of 1984. 41 of 1985. L.N. 383/87. Citation. Interpretation. Notice of ordinary election. 65 of 1984,s,29. 41 of 1985,s.24. Form 1. 41 of 1985,s.24. Notices of by-election where office of member declared vacant. 65 of 1984,s.29. 41 of 1985,s.24. (Cap.101.) (Cap. 385.) (Cap. 366.) Form 2. Notice of by-election where on death of disqualification of candidate election is countermanded. Form 2. Nomination of candidates. Form 3. Subscription of nomination paper. Consent to nomination and deposit. Form 4. L.N.383/87. L.N.383/87. Decisions as to validity of nomination papers. Withdrawal of candidature. Form 5. Nomination in more than one constituency. Publication of nominations. Form 6. Declaration of election where number of candidates not in excess of number of vacancies. Publication of notice of by-election to fill remaining vacancies. Form 2. Appointment of election agent. 65 of 1984,s.29. Form 7. Form 7. Notice of particulars of election agents. 65 of 1984,s.29. Form 8. votes to be given by ballot. Entitlement to vote. Hours of poll. L.N. 383/87. Use of buildings as polling stations. 65 of 1984,s.29. Duties of registration officer in relation to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. L.N. 383/87. Directions for guidance of electors in voting. Form 9. Form of Ballot box. Form of ballot paper. 65 of 1984,s.29. Form 10. L.N. 383/87. 65 of 1984,s.29. Appointment of polling agents. 65 of 1984,s.29. Form 12. Admission to polling stations. 65 of 1984,s.29. 65 of 1984,s.29. L.N.383/87. Delineation of polling stations. Offences in polling stations. Sealing of ballot boxes. Questions to be put to elections. 65 of 1984,s.29. Challenge of electors. (Cap. 288.) Issue of ballot papers. 65 of 1984,s.29. Method of voting. Votes marked by presiding officer. Tendered ballot papers. Spoilt ballot papers. Adjournment of poll in case of riot, etc. 65 of 1984,s.29. Procedure at close of poll. 65 of 1984,s.29. Preparation of ballot paper account. Appointment of counting agents. 65 of 1984,s.29. Notification of count. 65 of 1984,s.29. Appointment of counting officers. Persons entitled to be present at the count. Opening of ballot boxes and counting of ballot papers. Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Endorsement of rejected ballot papers. 65 of 1984,s.29. 65 of 1984,s.29. Returning officer's decisions in regard to ballot papers. Procedure on equality of votes. Declaration of result. Form 11. Sealing of ballot papers, etc., in packets. 65 of 1984,s.29. L.N.383/87. Disposal of ballot papers, etc. Power of High court in relation to ballot papers. 65 of 1984,s.29. Prohibition of inspection of ballot paper. 65 of 1984,s.29. Production of ballot papers, etc. destruction of ballot papers. Penalty for officers acting as agents. Prohibitions against employees of candidates acting as officers under these regulations. Powers of delegation by presiding officers. Powers of delegation by returning officers. 65 of 1984,s.29. Powers of candidates. Saving. 65 of 1984,s.29. Declaration of secrecy. Form 12. 65 of 1984,s.29. Enforcement of provisions as to secrecy. 65 of 1984,s.29. 65 of 1984,s.29. Keeping order in polling station. Procedure where candidate dies during polling. Display of notices, etc. Certain forms to be made available. Disposal of deposits. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 41 of 1985,s.24. 54 of 1984,s.29. 65 of 1984,s.29. 65 of 1984,s.29. 41 of 1985,s.24. L.N.383/87. 65 of 1984,s.29. 41 of 1985,s.24. L.N. 383/87. 41 of 1985,s.24. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24. 65 of 1984,s.29. 41 of 1985,s.24.
Identifier
https://oelawhk.lib.hku.hk/items/show/3362
Edition
1964
Volume
v23
Subsequent Cap No.
367
Number of Pages
44
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ELECTORAL PROVISIONS (PROCEDURE) REGULATIONS,” Historical Laws of Hong Kong Online, accessed July 13, 2025, https://oelawhk.lib.hku.hk/items/show/3362.