Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (DISTRICT COUNCILS) REGULATION - SECT 79

Returning Officer to make decisions on questionable ballot papers

Caution: This is a past version. See the current version here.

(1) The Returning Officer must separate from the other ballot  papers and set
aside any ballot paper which appears to that Officer to be a ballot paper
described in section 78.

(2) A candidate or an election agent, if present at the count, is entitled to
inspect a ballot paper set aside by the Returning Officer. The candidate or
the agent is entitled to make representations to the Returning Officer
concerning the ballot paper.

(3) After considering the representations, if any, the Returning  Officer must
make a decision as to whether the ballot paper is a ballot  paper which under
section 78 should not be counted or whether it should be counted.

(4) If the Returning Officer decides a ballot paper 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 objects to the Returning 
Officer's decision, that Officer must also add the words
"反對此選票不獲接納" and

"rejection objected to".

(5) If a candidate or an election agent objects to the decision of the
Returning Officer to count a ballot paper, that Officer must endorse
the words "反對此選票獲接納" and "acceptance objected to" on that
ballot paper.

(6) The Returning Officer is to prepare a statement of the ballot  papers
which that Officer decides under this section to be ballot papers which are
not to be counted. The statement is to be under the following heads-

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

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


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


   (d)  unused;

   (e)  substantially mutilated;

   (f)  unmarked;

   (g)  not marked in accordance with section 58; and

   (h)  void for uncertainty.