Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 80

Ballot papers which are not to be counted when counting the votes

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

(1) When counting the votes, any ballot paper-

   (a)  on which there is writing or a mark by which the elector can be
        identified;

        (b)	which has the words "重複" and "TENDERED" endorsed on the front 
of it;

        (c)	which has the words "損壞" and "SPOILT" endorsed on the front of 
it;

        (d)	which has the words "未用" and "UNUSED" endorsed thereon;


   (e)  which is substantially mutilated;

   (f)  which is unmarked;

   (g)  subject to subsection (2)-

        (i)    a GC ballot paper which is not marked in accordance with
               section 55; or

        (ii)   an FC ballot paper for an ordinary functional constituency
               which is not marked in accordance with section 57;

   (h)  an FC ballot paper for a special functional constituency which is not
        marked in accordance with section 56;

   (i)  an EC ballot paper which is not marked in accordance with section 58;
        or

   (j)  which the Returning Officer determines as being void for uncertainty,
        is not to be counted.

(2) In the case of a ballot paper referred to in subsection

(1)(g)(i) or (ii) or (h), if the Returning Officer is satisfied that the
intention of the elector or authorized representative is clear notwithstanding
the deviation from the requirements in section 55(2), 56(2A) or 57(2), as the
case may be, that Officer may count that ballot paper.

(3) For the avoidance of doubt, it is declared that the Returning  Officer is
not to make a decision not to count a ballot paper solely for the reason that
the ballot paper is stamped with the words "已故" and

"DECEASED" or "喪失資格" and "DISQUALIFIED", as the case may be, in
accordance with section 37(2). (L.N. 65 of 2000) (L.N. 65 of 2000)