Guidelines on Election-Related Activities in Respect of the Rural Representative Election”;

IMPORTANT 1. The Guidelines come into operation in October 2018. Subject to any subsequent revisions, they apply to all ordinary elections and by-elections of the Rural Representative conducted under the Rural Representative Election Ordinance (Cap. 576) to be held after publication. 2. The law stated in the Guidelines is that prevailing as at the date of publication. 3. All specified forms referred to in the Guidelines are obtainable from the Home Affairs Department, 30/F, Southorn Centre, 130 Hennessy Road, Wan Chai, Hong Kong (tel: 2152 1521; fax: 2591 6392; e-mail: [email protected]) and its website at http://www.had.gov.hk/rre. 4. Electioneering, campaigning and canvassing activities referred to in the Guidelines include any positive and negative campaigning conducted for the purpose of promoting or prejudicing the election of a candidate or candidates at the election. 5. In the event that future amendments to the Guidelines are necessary, the updated Guidelines will be made available at the website of the Electoral Affairs Commission at http://www.eac.gov.hk. i ABBREVIATIONS ARO, AROs Assistant Returning Officer, Assistant Returning Officers BO Buildings Ordinance (Cap. 123) Cap Chapter of the Laws of Hong Kong CAS Civil Aid Service CE Chief Executive CEEO Chief Executive Election Ordinance (Cap. 569) CEO Chief Electoral Officer CFA Court of Final Appeal CFI Court of First Instance CIV, CIVs Composite Indigenous Village, Composite Indigenous Villages CSD Correctional Services Department CCS Commissioner of Correctional Services DC District Council DCO District Councils Ordinance (Cap. 547) DHA Director of Home Affairs DLO District Lands Office DO, DOs District Office EA, EAs Election Advertisement, Election Advertisements EAC Electoral Affairs Commission ii EAC (ROE) (RRE) Reg Electoral Affairs Commission (Registration of Electors) (Rural Representative Election) Regulation (Cap. 541K) EACO Electoral Affairs Commission Ordinance (Cap. 541) EC Election Committee ECICO Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) election ordinary election or by-election as appropriate EP (RRE) Reg Electoral Procedure (Rural Representative Election) Regulation (Cap. 541L) ERO Electoral Registration Officer EV, EVs Existing Village, Existing Villages FR final register HAD Home Affairs Department HKID Hong Kong Permanent Identity card HKSAR Hong Kong Special Administrative Region ICAC Independent Commission Against Corruption IIR, IIRs Indigenous Inhabitant Representative, Indigenous Inhabitant Representatives IV, IVs Indigenous Village, Indigenous Villages KFR, KFRs Kaifong Representative, Kaifong Representatives LCO Legislative Council Ordinance (Cap. 542) LegCo Legislative Council MAC, MACs Mutual Aid Committee, Mutual Aid Committees iii MT, MTs Market Town, Market Towns NCO Noise Control Ordinance (Cap. 400) NCZ, NCZs No Canvassing Zone, No Canvassing Zones NSZ No Staying Zone OMR Optical Mark Recognition para., paras. paragraph, paragraphs PCPD Office of the Privacy Commissioner for Personal Data, Hong Kong PD(P)O Personal Data (Privacy) Ordinance (Cap. 486) PHMSO Public Health and Municipal Services Ordinance (Cap. 132) PICS Personal Information Collection Statement POBO Prevention of Bribery Ordinance (Cap. 201) POO Public Order Ordinance (Cap. 245) PR provisional register PRO, PROs Presiding Officer, Presiding Officers ReR, ReRs Resident Representative, Resident Representatives REO Registration and Electoral Office RO, ROs Returning Officer, Returning Officers RR, RRs Rural Representative, Rural Representatives RREO Rural Representative Election Ordinance (Cap. 576) RTO Road Traffic Ordinance (Cap. 374) iv S, s, Ss, ss Section, sections SHA Secretary for Home Affairs SMS Short Message Service SOO Summary Offences Ordinance (Cap. 228) TD Transport Department v CONTENTS Page PROLOGUE 1 CHAPTER 1 INTRODUCTION 3 Part I : The Rural Representative Election 3 Part II : The Guidelines 8 Part III : Sanction 10 CHAPTER 2 REGISTRATION OF ELECTORS AND 11 VOTING SYSTEM Part I : Registration of Electors 11 Part II : The Voting System 25 CHAPTER 3 NOMINATION OF CANDIDATES 30 Part I : Eligibility and Disqualification for Nomination 30 Part II : When and How to Nominate 34 Part III : Validity of Nomination Papers 39 Part IV : Withdrawal of Candidature 41 Part V : Notice of Valid Nominations 42 Part VI : Candidates’ Briefing and Introduction to 42 Candidates CHAPTER 4 POLLING AND COUNTING 45 ARRANGEMENTS Part I : Before the Poll 45 Part II : Outside the Polling Station 47 Part III : Polling Hours 49 Part IV : Admission to the Polling Station 50 Part V : Conduct inside the Polling Station 54 Part VI : Close of Poll 66 Part VII : Sorting of Ballot Papers 67 Part VIII : The Count 71 Part IX : Declaration of Result 78 vi Part X : Disposal of Documents 78 CHAPTER 5 ELECTION PETITIONS 79 Part I : Grounds for Lodging an Election Petition 79 Part II : Who could, and When to, Lodge Election 80 Petitions CHAPTER 6 APPOINTMENT AND ROLES OF ELECTION 82 AGENT, ELECTION EXPENSE AGENTS, POLLING AGENTS AND COUNTING AGENTS Part I : General 82 Part II : Types and Numbers of Agents 82 Part III : Qualifications of Agents 83 Part IV : Civil Servants Acting as Agents 83 Part V : Election Agent 84 Part VI : Election Expense Agents 89 Part VII : Polling Agents 92 Part VIII : Counting Agents 105 CHAPTER 7 ELECTION ADVERTISEMENTS 110 Part I : What Constitutes an Election Advertisement 110 Part II : Period and Area of Display 117 Part III : Allocation of Designated Spots 122 Part IV : Conditions and Limitations on Display 126 Part V : Application for Temporary Occupation of 129 Government Land at Public Place for Holding Electioneering Activities Part VI : Requirements Relating to Publication of Election 130 Advertisements Part VII : Requirements Relating to Printed Election 134 Materials Part VIII : Non-Compliance and Consequences 135 Part IX : Advertisements of Political, Professional/Trade 137 Bodies or other Organisations vii Part X : Posting Election Advertisements 139 Part XI : Election Advertisements for Registered Electors in 139 the Custody of CSD and Other Law Enforcement Agencies CHAPTER 8 ELECTIONEERING ACTIVITIES AT 141 PREMISES OR BUILDINGS WHERE ELECTORS RESIDE, WORK OR FREQUENT Part I : General 141 Part II : Rights of Tenants and Owners 142 Part III : Guidelines to be Observed by Candidates in the 144 Conduct of Electioneering Activities Part IV : Guidelines to be Observed by Owners, 150 Management and Organisations for Handling Applications for Conduct of Electioneering Activities on the Premises Within their Jurisdiction Part V : Conduct of Electioneering Activities in Premises 156 Under the Management of Housing Department and Hong Kong Housing Society Part VI : Sanction 157 CHAPTER 9 ELECTION MEETINGS 158 Part I : General 158 Part II : Election Meetings in Public Places 160 Part III : Election Meetings at Private Premises 166 Part IV : Electioneering Exhibitions 166 Part V : Fund raising Activities at Election Meetings 167 CHAPTER 10 ELECTION BROADCASTING, MEDIA 168 REPORTING AND ELECTION FORUMS Part I : General 168 Part II : Electioneering on Television and Radio 168 Part III : Advertising Through the Print Media 174 Part IV : Election Forums 176 Part V : Sanction 177 viii CHAPTER 11 USE OF SOUND AMPLIFYING DEVICE AND 179 VEHICLES Part I : General 179 Part II : Use of Loudspeakers and Vehicles 179 Part III : Sanction 183 CHAPTER 12 ELECTIONEERING ACTIVITIES 184 CONDUCTED IN SCHOOLS OR PARTICIPATED BY SCHOOL PUPILS Part I : General 184 Part II : Schools Pupils 184 Part III : Electioneering Activities in Schools 186 Part IV : Sanction 187 CHAPTER 13 PROHIBITION AGAINST CANVASSING 188 ACTIVITIES OUTSIDE POLLING STATIONS Part I : General 188 Part II : Determination of No Canvassing Zone and No 188 Staying Zone Part III : Conduct inside the No Canvassing Zone and No 190 Staying Zone Part IV : Penalty 193 CHAPTER 14 EXIT POLL 194 Part I : General 194 Part II : Secrecy of the Vote 194 Part III : Conduct of Exit Polls 195 Part IV : Identification of Interviewers 198 Part V : Sanction 198 CHAPTER 15 ELECTION EXPENSES AND ELECTION 199 DONATIONS Part I : What Constitutes Election Expenses 199 Part II : Who may Incur Election Expenses and Their 202 ix Limit Part III : Election Donations 204 Part IV : Return and Declaration of Election Expenses and 207 Election Donations Part V : Advance Return of Election Donations 212 Part VI : Enforcement and Penalty 213 CHAPTER 16 CORRUPT AND ILLEGAL CONDUCT 216 Part I : General 216 Part II : Corrupt Conduct relating to Nomination and 217 Withdrawal of Candidature Part III : Illegal Conduct relating to Electioneering 218 Part IV : Corrupt Conduct relating to Electioneering and 221 Voting Part V : Corrupt and Illegal Conduct relating to Election 224 Expenses and Election Donations Part VI : Power of Court to Excuse Innocent Acts 224 Part VII : Non-Compliance with the Law and Sanction 225 CHAPTER 17 NAMEDROPPING 228 CHAPTER 18 PARTICIPATION IN ELECTION-RELATED 235 ACTIVITIES BY CIVIL SERVANTS AND OFFICIALS UNDER THE POLITICAL APPOINTMENT SYSTEM AND ATTENDANCE OF PUBLIC FUNCTIONS BY BOTH CIVIL SERVANTS AND CANDIDATES Part I : General 235 Part II : Participation in the Rural Representative Election 235 by Civil Servants Part III : Attendance of Public Functions by Civil Servants 237 Part IV : Attendance of Public Functions by Candidates 238 Part V : Officials under the Political Appointment System 239 x CHAPTER 19 COMPLAINTS PROCEDURE 240 Part I : General 240 Part II : To Whom a Complaint may be Made 240 Part III

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