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) At each GC counting zone, the Returning Officer in charge of the
counting zone must retain the GC ballot papers and sort the FC ballot  papers
according to each functional constituency.

(2) At the EC counting zone, the Returning Officer in charge of the
counting zone must retain the EC ballot papers and sort the FC ballot  papers
according to each functional constituency and sort the GC ballot  papers
according to each geographical constituency.

(3) A Returning Officer in charge of a GC counting zone must-

   (a)  count and record the number of GC ballot papers;

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

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

(4) The Returning Officer in charge of the EC counting zone must-

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

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

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

   (d)  verify the ballot paper account for the EC ballot papers by comparing
        it with the number of ballot papers recorded under paragraph

   (a)  , 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) and verify the
        ballot paper account for each geographical constituency by comparing
        it with the number of ballot papers recorded for that
        geographical constituency under paragraph (c) and in each case prepare
        a statement in writing as to the result of the verification.

(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 unissued ballot papers.

(6) At each GC counting zone, the Returning Officer in charge of the
counting zone must make into separate bundles the 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.

(7) At the EC counting zone, the Returning Officer in charge of the
counting zone must make into separate bundles the sorted FC ballot papers and
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.

(8) A Returning Officer referred to in subsection (6) or (7) must give the
receptacles into the charge of an Assistant Returning Officer (General) in
attendance at the relevant counting zone. An Assistant Returning Officer
(General) into whose charge the receptacles containing the bundles of special
functional constituency ballot papers are given must hand over the receptacles
to the Chief Returning Officer or to the Returning Officer of the relevant
special functional constituency. An Assistant Returning Officer (General) into
whose charge a receptacle containing the bundle of any other ballot papers is
given must hand over the receptacle to the Returning Officer for the relevant
constituency.

(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)