Hong Kong Regulations

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

Votes recorded on invalid ballot papers not to be counted

(Past version on 21/07/2003).
(Past version on 01/08/1999).

Votes recorded on invalid ballot papers not to be counted (L.N. 79 of 2007)

(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. 79 of 2007)

   (a)  on which there is writing or a mark by which the elector can possibly
        be identified; (L.N. 79 of 2007)

        (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. 79 of 2007)

   (e)  which is substantially mutilated;

   (f)  which is unmarked;

   (g)  a ballot paper which is not marked in accordance with section  58 (1);
        (L.N. 125 of 2003)

   (h)  which the Presiding Officer determines as being void for uncertainty;
        and (L.N. 79 of 2007)

   (i)  which contains votes for more than 1 candidate. (L.N. 125 of 2003)

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

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

   (c)  , (d), (f), (g) or (i); but

   (b)  is not entitled to make representations to the Presiding  Officer
        concerning the ballot paper. (L.N. 79 of 2007)

(3) For the avoidance of doubt it is stated that the Presiding  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). (L.N. 125 of 2003)