Hong Kong Regulations

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

Votes recorded on invalid ballot papers not to be counted*

(Past version on 16/07/2004).
(Past version on 05/05/2000).
(Past version on 21/01/1998).

(1) When counting the votes, a ballot paper of any of the following
descriptions is not to be regarded as valid and the vote recorded on the
ballot paper is not to be counted- (L.N. 84 of 2004; L.N. 66 of 2008)

   (a)  on which there is writing or a mark by which the elector can possibly
        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 on the front of 
it; (L.N. 66 of 2008)

   (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(2); or

        (ii)   an FC ballot paper for an ordinary functional constituency
               which is not marked in accordance with section 57(2);

   (h)  subject to subsection (2), an FC ballot paper for a special
        functional constituency which is not marked in accordance with
        section  56 (2);

   (ha) a GC ballot paper which is not marked in accordance with
        section 55(1); (L.N. 84 of 2004)

   (hb) an FC ballot paper for an ordinary functional constituency which is
        not marked in accordance with section 57(1); (L.N. 84 of 2004)

   (hc) an FC ballot paper for a special functional constituency which is
        marked as described in section 56(3); (L.N. 84 of 2004)

        (i)    a GC ballot paper on which votes for more than 1 list of 
               candidates have been recorded; and (L.N. 84 of 2004; L.N. 66 of
               2008)

   (j)  which the Returning Officer or the Presiding Officer, as may be
        appropriate, determines as being void for uncertainty.

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

(1)(g)(i) or (ii) or (h), if the Returning Officer or the Presiding  Officer,
as may be appropriate, 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 the vote recorded on that ballot paper.

(3) For the avoidance of doubt, it is declared that the Returning  Officer or
the Presiding Officer, as may be appropriate, is not to make a decision not to
count the vote recorded on 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)

(4) A candidate, an election agent or a counting agent-

   (a)  may inspect a ballot paper referred to in subsection (1)(b),

   (c)  , (d), (f), (ha), (hb), (hc) or (i); but

   (b)  is not entitled to make representations to the Returning  Officer or
        the Presiding Officer concerning the ballot paper. (L.N. 66 of 2008)
        (L.N. 65 of 2000; L.N. 84 of 2004)
        ________________________________________________________________________
        Note:

* (Amended L.N. 66 of 2008)