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, the following ballot papers are not to be
counted-

   (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 is unused;

   (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 a Part 3 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.

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

(1)(g)(i) or (ii), if-

   (a)  the deviation from the requirements of the relevant section is only in
        the symbol used for marking the vote;

   (b)  the intention of the elector is clear; and

   (c)  the Returning Officer is satisfied that the symbol was not used for
        the purpose of identifying the elector or authorized representative or
        as part of a conspiracy, the Returning Officer may count that ballot
        paper.