Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 49

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 procedure specified in this section
shall be complied with.

(2) Where ballot boxes are delivered to a counting station designated for one
or more geographical constituencies and one or more functional constituencies,
the returning officer for the relevant geographical constituency shall-

   (a)  open each ballot box delivered from the polling stations designated
        for that geographical constituency;

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

   (c)  give the ballot papers relating to the functional constituency or
        constituencies to the Assistant Returning Officer (Functional
        Constituencies) (General).

(3) The Assistant Returning Officer (Functional Constituencies) (General)
referred to in subsection (2)(c) shall-

   (a)  count and record the number of ballot papers received under that
        subsection in respect of the functional constituency or each
        functional constituency;

   (b)  verify, as described in subsection (8), the ballot paper  account;

   (c)  after such verification, prepare a verification of the ballot 
        paper account for the functional constituency or for each functional
        constituency, separately for each polling station from which ballot
        boxes were delivered to that counting station;

   (d)  make separate bundles of ballot papers received in respect of the
        functional constituency or each functional constituency from each
        polling station together with the ballot paper account and the
        verification of the ballot paper account relating to that bundle;

   (e)  place all the bundles in respect of the functional constituency or
        each functional constituency in a separate receptacle provided for the
        purpose and seal each such receptacle with a seal provided for the
        purpose or such other device as specified by the Chief Electoral
        Officer; and

   (f)  deliver the receptacles to the returning officer-

        (i)    at the counting station designated for the functional
               constituency concerned; or

        (ii)   where appropriate at that part of the counting station where
               the counting of the votes is to be conducted.

(4) Where ballot boxes are delivered to a counting station designated for one
functional constituency only the returning officer shall-

   (a)  open each ballot box delivered to that station, take out the ballot
        papers therein, count and record the number so taken from the polling
        station or each polling station designated in respect of the
        constituency concerned;

   (b)  verify each ballot paper account as described in subsection (8);

   (c)  if the ballot boxes have been delivered from more than one polling
        station, mix the ballot papers taken from the ballot boxes in respect
        of all or 2 or more of the polling stations; and

   (d)  count the votes as provided in section 50.

(5) Where the ballot box or boxes, as the case may be, are delivered from the
polling station designated for the election committee constituency to the
counting station designated for that constituency, the returning officer
shall-

   (a)  open the ballot box or ballot boxes, take out the ballot papers

(whether or not contained in the device referred to in section 35(1)(b)), and
count and record the number of ballot papers;

   (b)  verify the ballot paper account-

        (i)    by comparing it with the number recorded by him under paragraph

   (a)  ; or

        (ii)   where appropriate, by using a computer and an approved
               programme within the meaning of Schedule 3; and

   (c)  count the votes as provided in section 50.

(6) Where ballot boxes or receptacles are delivered to a counting station
designated for 2 or more functional constituencies but not a geographical
constituency, the returning officer for each such functional constituency
shall-

   (a)  open each-

        (i)    ballot box for that functional constituency delivered from each
               polling station; or

        (ii)   receptacle delivered under subsection (3)(f);

   (b)  take out the ballot papers in the ballot boxes or receptacles, count
        and record the number of ballot papers so taken from each polling
        station;

   (c)  in the case-

        (i)    the ballot boxes are delivered directly from a polling station,
               verify the ballot paper account as described in subsection (8);
               and

        (ii)   the receptacles are delivered under subsection (3)(f), verify
               as described in subsection (8) the verification of the
               ballot paper  account prepared by the Assistant
               Returning Officer (Functional Constituencies) (General) under
               subsection (3)(c);

   (d)  after complying with paragraph (c), and after mixing the ballot papers
        taken from not less than 2 polling stations, count the votes as
        provided in section 50.

(7) Where ballot boxes are delivered to a counting station designated for more
than one geographical constituency and more than one functional constituency,
subject to subsection (9), the returning officer for each functional
constituency shall comply with subsection (6) in respect of the relevant
functional constituency.

(8) For the purposes of this section a ballot paper account or a verification
of a ballot paper account shall be verified as follows-

   (a)  to verify a ballot paper account-

        (i)    for the purposes of subsection (3)(a), the Assistant Returning 
               Officer (Functional Constituencies) (General) referred to in
               that subsection shall compare the ballot paper account with the
               number of ballot papers recorded by him under that subsection
               and prepare a statement in writing;

        (ii)   for the purposes of subsection (4)(b), the returning officer
               referred to in that subsection shall compare the
               ballot paper account with the number of ballot papers recorded
               by him under subsection (4)(a) and prepare a statement in
               writing;

        (iii)  for the purposes of subsection (6)(c)(i), the returning 
               officer referred to in that subsection shall compare the
               ballot paper  account with the number of ballot papers recorded
               by him under subsection

(6)(b) and prepare a statement in writing;

   (b)  to verify a verification of a ballot paper account for the purposes of
        subsection (6)(c)(ii), the returning officer referred to in that
        subsection shall compare the number of ballot papers recorded by him
        under that subsection with the verification of the
        ballot paper account prepared by the Assistant Returning Officer
        (Functional Constituencies) (General) and the ballot paper account and
        prepare a statement in writing;

   (c)  before a statement in writing is prepared under paragraph (a) or (b),
        a returning officer or an Assistant Returning Officer (Functional
        Constituencies) (General), as the case may be, may 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, shall
        compare the ballot paper account or the verification of the
        ballot paper account or the re-verification of the
        ballot paper account, as may be appropriate, with such recorded ballot
        papers, unused ballot papers, unissued ballot  papers and
        spoilt ballot papers in his possession and make a statement in writing
        as to the result of such verification.

(9) At the conduct of a count at a counting station designated for more than
one geographical constituency and more than one functional constituency, if
the returning officer referred to in subsection (7) thinks fit, he can
dispense with the re-verification of the ballot paper  account.

(10) Either a candidate or the election agent of a candidate may copy-

   (a)  a statement made under subsection (8); or

   (b)  the ballot paper account.

(11) The returning officer shall permit a candidate or the election agent or
counting agent of a candidate 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.

(12) In this section- "ballot paper account" (選票結算書) means a
ballot paper account prepared by a presiding officer under section 43;
"receptacle" (容器) means a receptacle referred to in subsection (3)(e);
"re-verification of a ballot paper account" (選票結算覆核書) means a
statement in writing referred to in subsection (8)(b); "verification of a
ballot paper account" (選票結算核實書) means a statement in writing
referred to in subsection (8)(a)(i), (ii) or (iii). (Enacted 1995) "ballot
paper account" (選票結算書) "receptacle" (容器) "re-verification of a
ballot paper account" (選票結算覆核書) "verification of a ballot paper
account" (選票結算核實書)