1955-HKRS30-8-45_Part02 — Page 50

Secrecy of vote.

Declaration of secrecy.

Form 20.

Enforce- ment of provisions as to

Secrecy,

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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.

68. No person who has voted at an election shall, in any legal proceeding to question the election, be required to state for whom he voted.

69. (1) Every returning officer, and every officer and every polling agent 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 Fort zo or in a form as near thereto as circumstances admit; and every counting agent and counting assistant 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 presiding officer the declaration shall be made in the presence of a justice of the peace, and in the case of any other officer or of an agent, the declaration shall be made either in the presence of a justice of the peace or of a presiding officer.

(3) Save as aforesaid, no such returning officer, officer or agent shall be required, as such, to make any declaration or to take any oath on the occassion of an election.

(4) Every returning officer, and every officer, candidate, polling agent or counting agent in attendance at a polling station or at the counting of the votes, shall maintain and aid in main- taining secrecy of the voting,

70. (1) No person being a returning officer, or officer appointed under these regulations, or candidate, election agent, polling agent or counting agent shall-

(d) except for some purpose authorized by law, communicate

to any person any information as to-

(1) the name or number on the register of any elector who has or has not applied for a ballot paper or voted at a polling station; or

(ii) the official mark; or

(b) ascertain or attempt to ascertain at the counting of the

votes, the number on the back of any ballot paper; or

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(c) 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, whether or not such an officer, candidate, election agent, polling agent or counting agent as aforesaid, slulk

(a) interfere with or attempt to interfere with an elector when

recording his vote; or

(b) otherwise oblain 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; or

(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 back of the ballot paper given to an electur 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) No person having undertaken to assist a blind elector to vote shall communicate at any time to any person any information as to the candidate for whom that elector intends to vote or has voled, or as to the number on the back of the ballot paper given for the use of that elector.

(4) If any person acts in contravention of any of the provi- sions of this regulation, he shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six munthis.

71. Any justice of the peace, any returning officer, and any Taking of presiding officer, may take any declaration authorized by these declaration regulations to be made before him,

of secrecy.

72. (1) It shall be the duty of the presiding officer to keep Keeping order at his pulling station.

order in polling station.

(a) If any person misconducts himself in a polling station, or fails to obey a lawful order of a returning officer, presiding officer or assistant presiding officer, such officer may order him