Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) - SECT 64

Procedure after adjournment or postponement of count

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

(1) Where the conduct of a count is adjourned under section 60 or 61 or under
section 26A of the Legislative Council (Electoral Provisions)  Ordinance (
Cap 381) or stands postponed under section 44(3), pursuant to an adjournment
of a poll under section 62, the following shall apply-

   (a)  The returning officer shall, in the presence of the persons (if any),
        present within the counting station, cease the count and deposit the
        opened and unopened ballot boxes, and receptacles, if any, together
        with the ballot papers, (whether counted or not), any
        unissued ballot papers, unused ballot papers, spoilt ballot papers or
        tendered ballot papers, the ballot paper account, any verification of
        a ballot paper account or re-verification of a ballot paper account,
        and any other relevant election materials in a safe place within the
        confines of the counting station.

   (b)  In the absence of a safe place within the confines referred to in
        paragraph (a), the returning officer shall deposit the ballot boxes,
        receptacles, if any, and election materials referred to in that
        paragraph-

        (i)    in a safe place within the confines of a police station or
               public building in the vicinity of the counting station
               concerned; or

        (ii)   in the absence of such a police station or public building, in
               a safe place within the confines of any secure building (which
               may include a residential building) in the vicinity of the
               counting station concerned; or

        (iii)  in the absence of a safe place within the confines referred to
               in subparagraph (i) or (ii)- (A) in a safe place within the
               confines of any other police station or public building; or (B)
               in the absence of such a police station or public building, in
               a safe place within the confines of any other secure building
               (which may include a residential building).

   (c)  The ballot boxes, receptacles, papers and other materials referred to
        in paragraph (a) shall remain in the charge of the returning  officer,
        who shall be responsible for their safety and security until the
        conduct of the count in respect of the adjourned or postponed count
        commences pursuant to section 44(4)(a) or on the relevant date
        appointed under section 66 for the conduct of a count, as may be
        appropriate.

(2) The following shall apply as regards a count in place of a count adjourned
under section 60 or 61 or under section 26A of the
Legislative Council (Electoral Provisions) Ordinance ( Cap 381) or postponed
under section 44(3) pursuant to the adjournment of a poll under section 62-

   (a)  In the case of-

        (i)    an adjournment of a count- (A) on the date appointed for the
               count under section 66, the count shall commence at the time or
               times determined in respect of the count so adjourned or if
               those times are not practicable at such other time or times as
               the Chief Electoral Officer shall determine; (B) the
               returning officer shall give such notice as he considers
               reasonable to the candidate or his election agent of the
               relevant date for the count appointed under section 66 or
               section 26A of the Legislative 
               Council (Electoral Provisions) Ordinance ( Cap 381), as may be
               applicable, and the place at which the count will take place
               and the time at which the count will begin; and

        (ii)   a postponement of a count, section 44(4) shall apply.

   (b)  When the count commences, sections 49, 50 and 51 shall apply in
        respect of such counting subject to necessary modifications.

(3) In subsection (1) "returning officer" (選舉主任) means the
returning officer specified for the purpose of that subsection by the Chief
Electoral Officer. (Enacted 1995) "returning officer" (選舉主任)