Hong Kong Regulations

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

Returning Officers to separate ballot papers at the counting zones and verify ballot paper account

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

(1) After breaking the seal, a Returning Officer into whose charge a ballot
box is given-

   (a)  under section 72(1)(a), must sort the GC ballot papers according to
        each geographical constituency and the FC ballot papers according to
        each special functional constituency and each Part 3
        functional constituency;

   (b)  under section 72(1)(b), must sort the FC ballot papers according to
        each Part 3 functional constituency and keep separately the
        GC ballot papers; and

   (c)  under section 72(1)(c), must keep separately the EC ballot  papers and
        sort the GC ballot papers according to each geographical  constituency
        and the FC ballot papers according to each special functional 
        constituency and each Part 3 functional constituency.

(2) Each Returning Officer into whose charge ballot boxes are given must
verify the ballot paper account as follows-

   (a)  count the ballot papers taken from the ballot boxes and record the
        number of ballot papers for each constituency or, if applicable, for
        each constituency and the Election Committee election; and

   (b)  verify the relevant ballot paper account by comparing it with the
        number of ballot papers recorded under paragraph (a) and prepare a
        statement in writing as to the result of the verification.

(3) A verification of the ballot paper account is to be prepared for each
constituency and the Election Committee election.

(4) If the Returning Officer considers it necessary or if required by a
candidate who is present at the counting zone or an election agent or a
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.

(5) When ballot papers are separated and sorted by the Returning  Officer,
that Officer must make into separate bundles the ballot papers for each
functional constituency, each geographical constituency and the
Election Committee election. Each such bundle is to include the verification
of ballot paper account prepared for that constituency or the
Election Committee election.

(6) At the counting zone for the special functional constituencies, the
Chief Returning Officer is to retain the bundles for those special 
functional constituencies. At each counting zone for a geographical 
constituency, the Returning Officer in charge is to retain the bundle for the
geographical constituency. At the counting zone for the Election 
Committee election, the Returning Officer for the Election Committee  election
is to retain the bundle for that election.

(7) At each counting zone the Returning Officer in charge must place the
bundles that are not retained under subsection (6) in separate receptacles and
seal them in the presence of persons present at the counting zone.

(8) The Returning Officer must give the receptacles into the charge of the
Assistant Returning Officer (General) in attendance at the relevant
counting zone.

(9) An Assistant Returning Officer (General) must hand over the bundles given
into that Officer's charge to the Returning Officer for the relevant
constituency at the counting zone for that constituency.

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

(11) A candidate or an election agent or a counting agent may copy what is
recorded on the ballot paper account or the verification of a
ballot paper account.