(1) The Commission may, by regulation, provide for the following-
(a) the-
(i) registration of electors;
(ii) determination (where applicable) of-
(A) the appropriate constituency; (Amended 2 of 2003 s. 68)
(B) in the case of the Election Committee, the appropriate sectors or subsectors; or (Amended 21 of 2001 s. 59; 2 of 2003 s. 68)
(C) in the case of an election held for the purpose of electing a Village Representative for a Village, the appropriate Village or Villages, (Added 2 of 2003 s. 68)
for such registration;
(iii) form, compilation, revision and correction, and the manner of publication of the register of persons entitled under any electoral law to vote at an election; and
(iv) ascertainment of qualifications of electors;
(b) the conduct or supervision of, and procedure at any election;
(c) the conduct or supervision of, and procedure for the formation of, or the filling of vacancies in the membership of, the Election Committee; (Amended 21 of 2001 s. 59)
(d) without limiting the generality of paragraphs (b) and (c)-
(i) the procedure for the nomination of candidates in an election, including provision for consent by a candidate for nomination, and withdrawal of a nomination;
(ii) the procedure for lodging a deposit in respect of the nomination of a candidate;
(iii) the appointment by the candidate, of agents and other persons to assist him in an election and matters relating to such appointments;
(iv) the designation of polling stations;
(v) the supervision of polling stations and the regulation of the ballot;
(vi) the procedure or procedures for voting and counting at an election;
(vii) the designation and supervision of counting stations;
(viii) the declaration and publication of results of an election;
(ix) the disposal of ballot or other papers after an election; and
(x) the making of a report to the Commission by any person, or any person specified in the regulations, regarding any occurrence considered by such a person as an irregularity relating to an election, the poll or a counting of the votes;
(e) the appointment and conduct of persons authorized to incur election expenses on behalf of candidates; (Amended 11 of 2012 s. 5)
(ea) the matters relating to the display or use of election advertisements or other publicity materials relating to an election and matters relating to grant of relief by the Court of First Instance in respect of election advertisements; (Added 11 of 2012 s. 5)
(f) the Commission or such other person specified in the regulations to require any information reasonably required in respect of any matter referred to in paragraph (a), from a person or a class or description of persons specified in the regulations;
(g) the establishment or appointment of committees (including or consisting of a person or persons other than members of the Commission) and provide for the functions, proceedings and regulation of those committees;
(h) the termination of proceedings for an election on the ground of the death or disqualification of a candidate; (Amended 8 of 1999 s. 89)
(ha) the declaration of failure of an election; (Added 48 of 1999 s. 51)
(hb) the procedure to implement the scheme for the payment of financial assistance set out in Part 6A of the Legislative Council Ordinance (Cap 542), including, in particular, the procedure for-
(i) making or withdrawing claims for financial assistance;
(ii) repaying to the Government amounts or parts of amounts paid as financial assistance;
(iii) supporting and verifying claims for financial assistance;
(iv) making a payment of financial assistance to a candidate or in respect of a list of candidates;
(v) making a claim for financial assistance in respect of the estate of a deceased person, the payment of financial assistance on such a claim, and the taking of any action for those purposes by a legal personal representative of a deceased person or by such other person as specified in the regulations; (Added 25 of 2003 s. 52)
(hc) the procedure to implement the scheme for the payment of financial assistance set out in Part VA of the District Councils Ordinance (Cap 547), including, in particular, the procedure for-
(i) making or withdrawing claims for financial assistance;
(ii) repaying to the Government amounts or parts of amounts paid as financial assistance;
(iii) supporting and verifying claims for financial assistance;
(iv) making a payment of financial assistance to a candidate; and
(v) making a claim for financial assistance in respect of the estate of a deceased person, the payment of financial assistance on such a claim, and the taking of any action for those purposes by a legal personal representative of a deceased person or by such other person as specified in the regulations; (Added 1 of 2007 s. 10)
(i) the determination or specification of forms; and
(j) generally providing for the better carrying into effect the provisions and purposes of this Ordinance or any electoral law.
(1A) The Commission may by regulation-
(a) prescribe offences for the purposes of section 14(h) of the Chief Executive Election Ordinance (Cap 569);
(b) specify the form and manner of nomination of a candidate for the purposes of section 16(1) of the Chief Executive Election Ordinance (Cap 569);
(c) provide for withdrawal of candidature for the purposes of section 19(2) of the Chief Executive Election Ordinance (Cap 569);
(d) provide for the postponement or adjournment of a poll or the counting of votes in respect of a poll under section 21 of the Chief Executive Election Ordinance (Cap 569) and the appointment of a new date for the poll or the count. (Added 21 of 2001 s. 59)
(2) Subject to subsection (3), the Commission may make regulations to provide for the postponement or adjournment of-
(a) an election;
(b) the poll; or
(c) the counting of votes (the count),
where the Commission or any person specified in the regulations is of the opinion that the election, the poll or the count is likely to be or is being obstructed, disrupted or undermined or seriously affected by-
(i) a typhoon or other climatic condition of a serious nature;
(ii) riot or open violence or any other occurrence of public danger; or
(iii) an occurrence which appears to the Commission or the specified person to be a material irregularity relating to the election, the poll or the count.
(3) Subsection (2) shall not be construed as empowering the Commission to postpone or adjourn-
(a) a general election;
(b) (Repealed 78 of 1999 s. 7)
(ba) an ordinary election; or (Added 8 of 1999 s. 89)
(c) the poll (at all the polling stations) or the count in respect of a general election or an ordinary election, (Amended 78 of 1999 s. 7)
on any ground referred to in subsection (2)(ii). (Amended 8 of 1999 s. 89)
(4) The Commission may by regulation provide for-
(a) the appointment of a new date-
(i) for an election, the poll or the count postponed or adjourned pursuant to subsection (2); and
(ii) which shall be not later than 2 days from the original date fixed for the election, the poll or the count, as the case may be, in the case of a postponement or adjournment on a ground referred to in subsection (2)(iii) and not later than 14 days from the original date in any other case;
(b) the procedure for the postponement or adjournment of a general election or an ordinary election or the poll or the count in respect of a general election or an ordinary election, on any ground referred to in subsection (2)(ii) by the authority or person who has power under any electoral law to effect the postponement or adjournment, and the procedure for the appointment of a new date for the election, the poll or the count by that authority or person. (Amended 8 of 1999 s. 89; 48 of 1999 s. 51; 78 of 1999 s. 7)
(c) (Repealed 48 of 1999 s. 51)
(5) Regulations under this section may provide that any contravention of a requirement in or made under the regulations is an offence and is punishable by a fine not exceeding level 2 and imprisonment not exceeding 6 months. (Amended 8 of 1999 s. 89)
(6) Regulations under this section may provide that-
(a) where a body corporate is convicted of an offence under these regulations and the offence is proved to have been committed with the consent, connivance of, or was attributable to the neglect or omission on the part of a director, manager, secretary or any other person concerned in the management of the body corporate, the director, manager or secretary or that other person is liable for the offence; and
(b) where a partner of a partnership is convicted of an offence and it is proved that the offence was committed with the consent or connivance of, or was attributable to the neglect or omission on the part of any other partner or person concerned in the management of the partnership, the partner or that other person is liable for the offence.
(7) In this section, constituency (選區或選舉界別) means-
(a) a geographical constituency; or
(b) a constituency of any other description by which one or more members may be returned to the Legislative Council under any electoral law.