Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 75

Counting of votes for geographical constituencies

(Past version on 05/05/2000).
(Past version on 27/02/1998).
(Past version on 21/01/1998).

(1) At the counting zone for a geographical constituency, the ballot papers
for that constituency, that is—

   (a)  in the case of a general election, the ballot papers whose numbers are
        counted and recorded under section 74A(1);

   (b)  in the case of a by-election, the ballot papers whose numbers are
        counted and recorded under section 74B(1A) and (1B)(a), must be dealt
        with by the Presiding Officer as provided in this section. (L.N. 147
        of 1998; L.N. 65 of 2000; L.N. 84 of 2004)

(2)-(4) (Repealed L.N. 84 of 2004)

(4A) The Presiding Officer of a main counting station must mix the ballot
papers of the polling station designated as the main counting  station
together with the ballot papers that have been delivered from one or more
small polling stations to the main counting station before counting the votes
at the main counting station. (L.N. 84 of 2004)

(5) GC ballot papers are to be separated with reference to the list 
of candidates for which the vote has been recorded.

(6) The votes recorded on the GC ballot papers, including those recorded on
the GC ballot papers handed over to a Returning Officer under
section 74(8)(c), are to be counted according to the system of counting
described in section 49 of the Legislative Council Ordinance ( Cap 542). (L.N.
84 of 2004)

(7) In the course of counting in accordance with subsection (6)—

   (a)  any ballot paper—

        (i)    which appears to have any writing or mark by which the elector
               can possibly be identified;

        (ii)   which appears to be not marked in accordance with section  55
               (2);

        (iii)  which appears to be substantially mutilated; or

        (iv)   which appears to be void for uncertainty, is questionable and
               must be separated and forwarded to the Presiding  Officer to
               decide whether the vote is to be counted in accordance with
               section 81; and

   (b)  any ballot paper described in section 80(1)(b), (c), (d), (f),

   (ha) and (i) must be separated and the vote is not to be counted pursuant
        to section 80. (L.N. 84 of 2004)