Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 78

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), a ballot paper which is not marked in
        accordance with section 58; or

   (h)  which the Returning Officer determines as being void for uncertainty.

(2) In the case of a ballot paper referred to in subsection(1)(g), if the
Returning Officer is satisfied that the intention of the elector is clear
notwithstanding the deviation from the requirements in section  58 (2), the
Returning Officer may count that ballot paper.

(3) For the avoidance of doubt it is stated 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 40(2).