Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 73

Procedure where election is countermanded

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

(1) If an election is countermanded under section 5 after the polling has
begun, the returning officer shall direct that the poll be abandoned and
subject to subsection (2)-

   (a)  the presiding officer at every polling station in respect of the
        constituency concerned shall take such steps as he is required to take
        under this Regulation for the delivery to the returning officer of the
        ballot boxes, ballot papers and other election materials at the close
        of a poll; and

   (b)  the returning officer shall dispose of the ballot papers and other
        materials as he is required to do under this Regulation at the close
        of a poll.

(2) For the purposes of subsection (1)-

   (a)  the requirements in sections 41 and 47(3) respectively relating to the
        preparation of a ballot paper account and its verification shall not
        apply; and

   (b)  the returning officer, without proceeding to or continuing with the
        separating or the counting of the ballot papers or counting of the
        votes, shall seal all the ballot papers in packets, whether or not the
        relevant votes have been counted, and the requirements in section 54
        relating to the sealing in packets of counted ballot papers and
        rejected ballot papers shall not apply. (L.N. 221 of 1995)

(3) The provisions in Part V as to the inspection, retention and destruction
of ballot papers and other documents relating to a poll at an election shall,
subject to necessary modifications, apply to any document relating to a poll
abandoned under subsection (1). (Enacted 1994)