Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 81

Returning Officer or Presiding Officer to make decisions on questionable ballot papers

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

(1) If a ballot paper is forwarded to the Returning Officer under
section 76(6)(a) or 77(7)(a), or to the Presiding Officer under section  75
(7)(a), as may be appropriate, a candidate, an election agent or a
counting agent, if present at the counting zone, may— (L.N. 66 of 2008)

   (a)  inspect the ballot paper; and

   (b)  make representations to that Officer concerning the ballot paper.
        (L.N. 84 of 2004; L.N. 66 of 2008)

(2) After considering the representations (if any) made under subsection (1),
the Returning Officer or the Presiding Officer, as may be appropriate, must
determine whether the ballot paper—

   (a)  is valid and the vote is to be counted; or

   (b)  is not to be regarded as valid pursuant to section 80 and the vote is
        not to be counted for—

        (i)    having on the ballot paper any writing or mark by which, in
               that Officer's opinion, the elector can possibly be identified;

        (ii)   subject to subsection (3), being a ballot paper not marked in
               accordance with section 55(2), 56(2) or 57(2) (as may be
               applicable);

        (iii)  being a ballot paper which is substantially mutilated; or

        (iv)   being void for uncertainty. (L.N. 84 of 2004)

(3) In the case of a ballot paper which is not marked in accordance with
section 55(2), 56(2) or 57(2) (as may be applicable), 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(2) or 57(2), as the
case may be, that Officer may count the vote recorded on that ballot paper.
(L.N. 84 of 2004)

(4) If the Returning Officer or the Presiding Officer, as may be appropriate,
decides a questionable ballot paper the vote recorded on which is not to be
counted, that Officer must endorse the words "不獲接納" and

"rejected" on the front of it. If a candidate or an election agent or a
counting agent objects to that Officer's decision, that Officer must also
add the words "反對此選票不獲接納" and "rejection objected to". (L.N.
84 of 2004)

(5) If a candidate or an election agent or a counting agent objects to the
decision of the Returning Officer or the Presiding Officer, as may be
appropriate, to count the vote recorded on a questionable ballot paper,
that Officer must endorse the words "反對此選票獲接納" and "acceptance
objected to" on that ballot paper. (L.N. 84 of 2004)

(6) The Returning Officer or the Presiding Officer, as may be appropriate, is
to prepare a statement of the ballot papers which are not to be regarded as
valid. The statement is to be under the following heads—

   (a)  writing or mark by which the elector can possibly be identified;

        (b)	endorsed with the words "重複" and "TENDERED";


        (c)	endorsed with the words "損壞" and "SPOILT";


        (d)	endorsed with the words "未用" and "UNUSED";  (L.N. 66 of 2008)


   (e)  substantially mutilated;

   (f)  unmarked;

   (g)  not marked in accordance with section 55, 56 or 57 (as may be
        applicable);

   (h)  void for uncertainty; and

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

(7) Under this section, on behalf of a multiple candidates list, any one of
the candidates, the election agent or the counting agent of the list may
inspect a ballot paper, make representations or object to the decision of the
Returning Officer or the Presiding Officer, as may be appropriate. In any
other case, the candidate, the election agent or the counting agent may
inspect the ballot paper, make representations concerning it or object to the
decision of that Officer. (L.N. 84 of 2004; L.N. 66 of 2008)