Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 47

Opening of ballot boxes and counting of ballot papers

Caution: This is a past version. See the current version here.

(1) As soon as practicable after the close of the poll in all the polling
stations in respect of a constituency, the returning officer shall make
arrangements to conduct the count in respect of that constituency.

(2) Before counting begins pursuant to subsection (1), the returning officer
shall, in the counting station concerned-

   (a)  open each ballot box and take out the ballot papers therein;

   (aa) if the counting station is designated for one or more geographical
        constituencies and one or more functional constituencies-

        (i)    separate the ballot papers relating to the geographical
               constituency from those relating to the functional constituency
               or constituencies; and

        (ii)   give the ballot papers relating to the functional constituency
               or constituencies to the Assistant Returning Officer
               (Functional Constituencies) (General) within the meaning of
               section 2 of the Boundary 
               and Election Commission (Electoral Procedure) (Functional Constituencies 
               and Election Committee Constituency) Regulation ( Cap. 432 sub.
               leg.);

   (b)  count the ballot papers in respect of the geographical constituency,
        record the number of such ballot papers and verify each ballot paper
        account as provided in subsection (3); and

   (c)  thereafter as regards each constituency mix the ballot papers taken
        from the ballot boxes in respect of all or not less than 2 of the
        polling stations in respect of such constituency.

(3) The returning officer shall verify each ballot paper account by comparing
it with the number of ballot papers recorded by him under subsection (2)(a),
and if he considers it necessary or if so required by a candidate or the
election agent or counting agent of a candidate, who is present at the count,
by comparing it with such recorded ballot papers, the unused ballot papers,
the unissued ballot papers and the spoilt ballot  papers in his possession,
and make a statement in writing (in this
Regulation referred to as the "verification of a ballot paper account"
(       )) as to the result of such verification and any candidate or his 
election agent may copy such statement.

(4) Either a candidate or the election agent of a candidate may copy
the ballot paper account.

(5) The returning officer shall permit a candidate or his election agent or
counting agent who makes a request for the purpose, to inspect any paper,
other than a ballot paper, taken from the ballot box, before it is disposed
of. (Enacted 1994; L.N. 221 of 1995)