Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 68

Who may be present at the counting of the votes

(Past version on 16/07/2004).
(Past version on 05/05/2000).
(Past version on 21/01/1998).

(1) Subject to subsections (2) and (5), only the Chief Returning  Officer,
Returning Officer, Assistant Returning Officer, Presiding  Officer, Deputy
Presiding Officer and Assistant Presiding Officers and the following persons
may be present at the counting of the votes- (L.N. 84 of 2004)

   (a)  counting officers;

   (b)  candidates;

   (c)  election agents and counting agents;

   (d)  members of the Commission;

   (e)  the Chief Electoral Officer;

   (f)  police officers on duty at the counting station;

   (g)  members of the Civil Aid Service on duty at the counting  station;

   (ga) public officers authorized in writing by the Chief Electoral Officer;
        or (L.N. 65 of 2000)

   (h)  persons authorized in writing by a member of the Commission.

(2) No other person may be present at the counting of the votes except with
the permission of-

(a) if the counting takes place at a counting zone of the central 
counting station, the Chief Returning Officer, or the Returning Officer in
charge of that counting zone;

   (b)  if the counting takes place at a counting zone of any other
        counting station, the Presiding Officer who supervises the counting 
        station. (L.N. 65 of 2000)

(3) The Chief Returning Officer, and the Returning Officer in charge of the
counting zone are to ensure that the arrangements for the
counting of the votes at a counting zone of the central counting station are
such that the candidates and their respective election agents or
counting agents are able to observe how individual votes are counted.

(3A) The Presiding Officer who supervises a counting station is to ensure that
the arrangements for the counting of the votes at a counting  zone of that
counting station are such that the candidates and their respective
election agents or counting agents are able to observe how individual votes
are counted. (L.N. 65 of 2000)

(4) Only an election agent or counting agent regarding whom notice of
appointment has been given under this Regulation may be present during the
counting of the votes at the counting zone or zones. On arriving at the
counting station, an election agent or counting agent must report in person to
the Returning Officer or the Presiding Officer, as may be appropriate, and
produce his or her identity card and a declaration of secrecy completed on the
specified form by him or her. (L.N. 66 of 2008)

(5) The Chief Returning Officer (in the case of the central 
counting station), or the Presiding Officer who supervises the counting 
station (in the case of any other counting station), may, if that Officer
considers it appropriate and practicable without disrupting the count and
prejudicing the secrecy of the individual votes, permit members of the public
to observe the counting of the votes from an area at the counting  station set
apart for that purpose by that Officer. The area is to be at such a distance
from the place where the votes are being counted as that Officer considers
appropriate. (L.N. 65 of 2000; L.N. 84 of 2004)