Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 79A

Result of the counting of votes and re-count for geographical constituencies

(1) After the votes recorded on the GC ballot papers for a
geographical constituency (other than those recorded on the GC ballot  papers
to be handed over to the Returning Officer under section 74(8)(c)) are counted
under section 75, the Presiding Officer must make known to the candidates who
are present within the counting zone the result of the counting of the votes.
If the candidates are not present, that Officer is to make known the result to
their respective election agents or counting  agents, if those agents are
present at the counting zone. (L.N. 140 of 2004)

(2) A candidate who is present when the votes are counted or re-counted, or
an election agent or a counting agent who is so present, may request the
Presiding Officer to count again the counted or re-counted

(as the case may be) votes. That Officer must comply with the request unless
the Officer is of the opinion that the request is unreasonable.

(3) After a count or re-count is completed, nothing further is to be done
until each candidate present at the completion, or the election  agent or
counting agent of each candidate if present at the completion, of the count or
re-count is given a reasonable opportunity to make a request for a re-count.
(L.N. 140 of 2004)

(4) Where there is no request for a re-count or such request is rejected by
the Presiding Officer or the re-count is completed and there is no request for
a further re-count or the request for a further re-count has been rejected by
the Presiding Officer, the Presiding Officer must report to the relevant
Assistant Returning Officer for the geographical  constituency the result of
the counting of votes and re-count (if any).

(5) After the Assistant Returning Officer has been notified of the results of
the counting of votes of all the counting stations in his charge for the
geographical constituency under subsection (4), that Officer must make known
the results to the Returning Officer for the geographical constituency. (L.N.
140 of 2004)

(6) After the Returning Officer has been notified of the results of the
counting of votes of all the counting stations for the geographical 
constituency under subsection (5), that Officer must make known the results to
the candidates or their election agents or counting agents at the place
specified by the Returning Officer. If a candidate or the election agent of
the candidate who is present at the specified place makes a request to the
Returning Officer for a re-count of the votes of all the counting stations for
the geographical constituency, that Officer must comply with the request
unless the Officer is of the opinion that the request is unreasonable. (L.N.
140 of 2004)

(7) After the Returning Officer has made known the results under subsection
(6), that Officer must also make known the estimated number of
GC ballot papers to be handed over to him under section 74(8)(c) for the
geographical constituency (if any) to the candidates or their election  agents
or counting agents at the place specified by the Returning Officer. A
candidate or the election agent of the candidate who is present at the
specified place may make a request to the Returning Officer for a re-count of
the votes of all the counting stations for the geographical  constituency and
the votes recorded on the GC ballot papers to be handed over to that Officer
under section 74(8)(c) for the geographical  constituency. (L.N. 140 of 2004)

(8) Where there is no request for a re-count of the votes of all the
counting stations for the geographical constituency under subsection

(6) or such request is rejected by the Returning Officer, that Officer must
add together—

   (a)  the results made known under subsection (6); and

   (b)  the result of the counting of the votes recorded on the GC 
        ballot papers handed over to that Officer under section 74(8)(c) for
        the geographical constituency (if any), and make known the aggregate
        result to the candidates or their election  agents or counting agents
        at the place specified by the Returning Officer. If a candidate or the
        election agent of the candidate who is present at the specified place
        makes a request to the Returning Officer for a re-count of the votes
        referred to in paragraph (b), that Officer must comply with the
        request unless the Officer is of the opinion that the request is
        unreasonable. (L.N. 140 of 2004)

(9) If the Returning Officer decides to comply with the request referred to in
subsection (6), that Officer must require all the Assistant Returning Officers
to instruct the Presiding Officers of the counting  stations in their
respective charge to conduct a re-count at the relevant counting stations
forthwith. (L.N. 140 of 2004)

(10) The Presiding Officer of each of the counting stations for the
geographical constituency must make known the result of the re-count at the
counting station to the candidates or their election agents or counting agents
who are present at the counting station and must report that result to the
relevant Assistant Returning Officer. (L.N. 140 of 2004)

(11) After the Assistant Returning Officer has been notified of the results of
the re-count of all the counting stations in his charge for the
geographical constituency under subsection (10), that Officer must make known
the results to the Returning Officer for the geographical  constituency. (L.N.
140 of 2004)

(12) After the Returning Officer has been notified of the results of the
re-count of all the counting stations for the geographical  constituency under
subsection (11), that Officer must add together—

   (a)  such results; and

   (b)  the result of the counting of the votes recorded on the GC 
        ballot papers handed over to that Officer under section 74(8)(c) for
        the geographical constituency (if any), and make known the aggregate
        result to the candidates or their election  agents or counting agents
        at the place specified by the Returning Officer. If a candidate or the
        election agent of the candidate who is present at the specified place
        makes a request to the Returning Officer for a re-count of the votes
        referred to in paragraph (b), that Officer must comply with the
        request unless the Officer is of the opinion that the request is
        unreasonable. (L.N. 140 of 2004)

(13) Subject to subsection (14), if the Returning Officer decides to comply
with a request referred to in subsection (7), that Officer must conduct a
re-count of—

   (a)  the votes of all the counting stations in accordance with the steps as
        described in subsections (9), (10) and (11); and

   (b)  the votes recorded on the GC ballot papers handed over to that Officer
        under section 74(8)(c) for the geographical constituency, and make
        known the final result to the candidates or their election agents or
        counting agents at the place specified by that Officer. When the final
        result has been made known, the counting of the votes and re-counts
        are completed for the purposes of section 83(1). (L.N. 140 of 2004)

(14) The Returning Officer must not conduct a re-count under subsection (7)—

   (a)  unless the request for such re-count is made immediately after that
        Officer makes known, under that subsection, the estimated number of
        GC ballot papers to be handed over to him under section 74(8)(c) for
        the geographical constituency; or

   (b)  if the estimated number of GC ballot papers to be handed over to that
        Officer under section 74(8)(c) for the geographical constituency is
        less than the difference between the numbers of remaining votes cast
        for any 2 lists of candidates for the geographical constituency, as
        determined in accordance with the counting system under section 49 of
        the Legislative Council Ordinance ( Cap 542). (L.N. 140 of 2004) (L.N.
        84 of 2004)