Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 74

Arrangements for separating ballot papers and verifying ballot paper account at central counting station

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

(1) At the central counting station, the Returning Officer for a
functional constituency must, in relation to the FC ballot papers in the
ballot boxes given into that Officer's charge under section 72, in the
counting zone for that functional constituency-

   (a)  sort the FC ballot papers according to each functional  constituency;

   (b)  count and record the number of FC ballot papers for each
        functional constituency;

   (c)  verify the ballot paper account for each functional  constituency by
        comparing it with the number of ballot papers recorded for that
        functional constituency under paragraph (b);

   (d)  prepare a statement in writing as to the result of the verification;

   (e)  retain the FC ballot papers for the functional constituency for which
        that Officer is appointed together with the verification of the 
        ballot paper account;

   (f)  make into separate bundles the other sorted FC ballot papers together
        with the relevant verification of the ballot paper account, place each
        bundle in a separate receptacle and seal it in the presence of those
        present at the counting zone; and

   (g)  in case there are any GC ballot papers or EC ballot papers in the
        ballot boxes-

        (i)    sort the GC ballot papers according to each geographical 
               constituency;

        (ii)   count and record- (A) the number of GC ballot papers for each
               geographical  constituency; (B) the number of EC ballot papers;

        (iii)  prepare a statement in writing as to- (A) the number of
               GC ballot papers recorded for each geographical  constituency
               under subparagraph (ii)(A); (B) the number of EC ballot papers
               recorded under subparagraph

        (ii)   (B);

        (iv)   make into separate bundles the sorted GC ballot papers and EC 
               ballot papers together with the relevant statement prepared
               under subparagraph (iii), place each bundle in a separate
               receptacle and seal it in the presence of those present at the
               counting zone. (L.N. 65 of 2000)

(2) At the central counting station, the Returning Officer for the
Election Committee election must, in relation to the ballot papers in the
ballot boxes given into that Officer's charge under section 72, in the
counting zone for the Election Committee election-

   (a)  retain the EC ballot papers and sort the GC ballot papers according to
        each geographical constituency;

   (b)  count and record the number of EC ballot papers;

   (c)  count and record the number of GC ballot papers for each
        geographical constituency;

   (d)  verify the ballot paper account for the EC ballot papers by comparing
        it with the number of ballot papers recorded under paragraph (b) and
        verify the ballot paper account for each geographical constituency by
        comparing it with the number of ballot papers recorded for that
        constituency under paragraph (c);

   (e)  prepare a statement in writing as to the result of the verification;

   (f)  make into separate bundles the sorted GC ballot papers together with
        the relevant verification of the ballot paper account, place each
        bundle in a separate receptacle and seal it in the presence of those
        present at the counting zone; and

   (g)  in case there are any FC ballot papers in the ballot boxes-

        (i)    count and record the number of FC ballot papers according to
               each functional constituency;

        (ii)   prepare a statement in writing as to the number of FC ballot 
               papers recorded for each functional constituency under
               subparagraph (i);

        (iii)  make into separate bundles the sorted FC ballot papers together
               with the relevant statement prepared under subparagraph (ii),
               place each bundle in a separate receptacle and seal it in the
               presence of those present at the counting zone. (L.N. 65 of
               2000)

(3)-(4) (Repealed L.N. 65 of 2000)

(5) If a Returning Officer considers it necessary or if required by a
candidate who is present at the counting zone or an election agent or
counting agent so present, that Officer must, in preparing the
verification of the ballot paper account, compare the ballot paper account
with the ballot papers recorded by that Officer and the spoilt ballot  papers,
the unused ballot papers and the counterfoils or un-issued ballot papers.

(6)-(7) (Repealed L.N. 65 of 2000)

(8) A Returning Officer must give the receptacles referred to in subsection
(1)(f) or (g)(iv) or (2)(f) or (g)(iii) into the charge of an Assistant
Returning Officer in attendance at the relevant counting zone. The Assistant
Returning Officer-

   (a)  must hand over the receptacle containing the bundle of special
        functional constituency ballot papers to the Chief Returning Officer
        or to the Returning Officer for the relevant special
        functional constituency;

   (b)  must hand over the receptacle containing the bundle of other FC 
        ballot papers or the bundle of EC ballot papers to the
        Returning Officer for the relevant functional constituency or the
        Election Committee  election, as the case may be; and

   (c)  must-

        (i)    deliver the receptacle containing the bundle of GC ballot 
               papers to the relevant GC counting station and hand over the
               receptacle to the Returning Officer who supervises the
               counting station; and

        (ii)   if the bundle of GC ballot papers is made under subsection

(2)(f), also deliver to that GC counting station the sealed packets under
section 63 and the ballot paper account prepared for the geographical 
constituency by the Presiding Officers of the EC polling stations. (L.N. 65 of
2000)

(9) In this section, in relation to a ballot paper contained in an envelope,
retaining, separating, sorting, counting or recording ballot papers is to be
construed as retaining, separating, sorting, counting or recording ballot
papers contained in envelopes.

(10) A candidate or an election agent or a counting agent may copy what is
recorded on the ballot paper account or the verification of the 
ballot paper account. (L.N. 147 of 1998)