Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 77

Counting of votes for ordinary functional 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 an ordinary functional constituency, the ballot
papers for that ordinary functional constituency, that is—

   (a)  in the case of a general election, the ballot papers retained under
        section 74(1)(e) and those handed over under sections 74(8) and
        74A(3);

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

(2) (Repealed L.N. 84 of 2004)

(3) Ballot papers for a functional constituency that have been delivered from
2 or more polling stations must be mixed. (L.N. 84 of 2004)

(4) (Repealed L.N. 84 of 2004)

(5) The ballot papers are to be separated with reference to the candidate for
whom the vote has been recorded, or in the case of constituencies returning
more than one Member, the candidates for whom the votes have been recorded.

(6) The votes recorded on the ballot papers for each ordinary
functional constituency are to be counted according to the system of counting
described in section 51 of the Legislative Council Ordinance ( Cap  542).

(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  57
               (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 Returning  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) and (hb)
        must be separated and the vote is not to be counted pursuant to
        section 80. (L.N. 84 of 2004) (L.N. 65 of 2000)