### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

86. Returning Officers, Presiding Officers, polling officers or counting officers not to act as agent of candidate in same subsector election
(1) A Returning Officer, Presiding Officer, polling officer or counting officer who, in relation to the subsector election for which he or she is appointed, acts as an election agent, a polling agent, a counting agent or an election expense agent, commits an offence.
(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months.

87. Employees of candidates not to act as electoral officers
(1) A person who, while in the employment of a candidate, acts as a Returning Officer, Presiding Officer, polling officer or counting officer at a subsector election for which the candidate stands for election, commits an offence.
(2) A person who commits an offence under subsection (1) is liable to a fine at level 2 and to imprisonment for 3 months.

87A. Certain visitors of voters or authorized representatives in custody not to canvass for votes
(1) If—
(a) a person (visitor

88. Presiding Officer may perform functions through polling officers
(1) A Presiding Officer may perform any act which that Officer is required or authorized to perform under this Regulation through a polling officer.
(2) The power to adjourn a poll under section 2(1) of Schedule 1 must be exercised by the Presiding Officer personally.

89. Returning Officer may perform functions through Assistant Returning Officers
(1) A Returning Officer may perform any act which that Officer is required or authorized to perform under this Regulation through an Assistant Returning Officer appointed for the subsector for which the Returning Officer is appointed.
(2) A Returning Officer may not delegate under subsection (1)—
(a) (Repealed 14 of 2021 s. 220)(b) a decision regarding a ballot paper; or
(c) the declaration of the result of the subsector election.

90. Chief Electoral Officer to be subject to direction of Commission
(1) The Chief Electoral Officer is subject to the directions of the Commission in the performance of that Officer’s functions under this Regulation.
(2) The Chief Electoral Officer may delegate that Officer’s powers, duties or functions under this Regulation to a member of the staff provided under section 9(3) of the Ordinance.

91. Acts done in absence of candidates or agents not to be invalid
Where under this Regulation, an act or thing is required or authorized to be done in the presence of a candidate or all the candidates, the election agent, the polling agent or the counting agent of the candidate, that act or thing is not to be invalidated solely for the reason that such person or persons were not present as required or authorized.

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

92. Electoral officers, candidates and agents to make declaration of secrecy
(1) Every electoral officer (within the meaning of paragraph (d), (e), (g) or (h) of the definition of electoral officer in section 2(1) of the Chief Executive Election Ordinance (Cap. 569)), every person (other than such an electoral officer) who is appointed under that Ordinance or the Ordinance to perform functions at or in connection with a subsector election, or every person authorized by or under this Regulation to attend at a polling station except as a voter or an authorized representative must, before entering the polling station, make a declaration of secrecy on the specified form.
(2) Every candidate, election agent, counting agent or counting officer or other person (except as a member of the public under section 66(6)) authorized by or under this Regulation to attend at the counting of votes must, before entering the counting station, make a declaration of secrecy on the specified form. (L.N. 114 of 2006)
(3) The Returning Officer is to make the declaration in the presence of a Commissioner for Oaths. Any other person may make the declaration in the presence of the Returning Officer, a Commissioner for Oaths, a member of the Commission, the Chief Electoral Officer or a person whose official designation is that of a deputy to the Chief Electoral Officer.
(4) Every Returning Officer or other officer or any other person attending at a polling station or the counting of votes must maintain and assist in maintaining the secrecy of the ballot.
(5) Subsections (1) and (2) do not apply to a police officer, an officer of the Correctional Services Department, an officer of any law enforcement agency or a member of the Civil Aid Service on duty at a polling station or a counting station. (L.N. 132 of 2009)

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

94. Procedure in case of death or disqualification of candidate on polling day but before declaration of result
(1) If, on or after the date of a subsector election but before the declaration of the result of the subsector election—
(a) proof is given to the satisfaction of the Returning Officer that a candidate for the subsector election has died; or
(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that a candidate for the subsector election is disqualified from being elected,
the Returning Officer must direct that the proceedings for the subsector election are to begin or to continue, as the case may be, as if the death or disqualification had not occurred. (14 of 2021 s. 222)
(2) If, after the votes are counted, the deceased or disqualified candidate is found to be successful at the subsector election, section 80(2) applies.
(3) If the deceased or disqualified candidate is not successful at the subsector election, the Returning Officer must declare the successful candidate to be elected as provided in section 80(1).

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

95. Publication and display of notices, etc.
(1) The Returning Officer or the Presiding Officer may publish or display a notice, determination, or other writing under this Regulation in a manner that Officer thinks fit except where specific provision is made for the publication or display in this Regulation. (L.N. 114 of 2006)
(2) The following notices or notifications may be delivered by hand, by post, by electronic mail or by facsimile transmission— (15 of 2016 s. 42)
(a) notice of the decision of the Candidate Eligibility Review Committee as to whether a person is validly nominated as a candidate; (14 of 2021 s. 223)
(b) notice of a declaration that a candidate has died or that the decision of the Candidate Eligibility Review Committee has been varied to the effect that a candidate is not validly nominated; (14 of 2021 s. 223)
(c) (Repealed 15 of 2016 s. 42)(d) notice to Returning Officers and to candidates of the determination of a no canvassing zone and a no staying zone;
(e) notice to Returning Officers and to candidates of the variation before polling day of a no canvassing zone or a no staying zone;
(f) notice to candidates of the arrangements for the drawing of lots to determine the order of appearance of candidates on the ballot papers; and 
(g)-(h) (Repealed 15 of 2016 s. 42)(i) notice to candidates of the time and place for the counting of votes.
(3) Notice of variation of a no canvassing zone or a no staying zone on the polling day or notice of the resumption of the counting of votes after an adjourned poll or counting may be given orally if notice by hand, by post, by electronic mail or by facsimile transmission is not practicable or is not suitable in the circumstances. 
(15 of 2016 s. 42)

96. Commission to designate Chief Returning Officer (Subsectors)
The Commission may designate a Returning Officer as the Chief Returning Officer (Subsectors).

96A. Election return to be lodged in specified form
The election return required to be lodged under section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) in respect of an ordinary election or a by-election must be in the specified form (if any).
(L.N. 75 of 2011)