Hong Kong Regulations

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

Presiding Officer to make decisions on questionable ballot papers

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

(1) If a ballot paper is forwarded to the Presiding Officer under
section 76(5)(a), a candidate, an election agent or a counting agent, if
present at the counting zone, may— (L.N. 79 of 2007)

(a) inspect the ballot paper; and

   (b)  make representations to the Presiding Officer concerning the
        ballot paper. (L.N. 125 of 2003; L.N. 79 of 2007)

(2) After considering the representations (if any) made under subsection (1),
the Presiding Officer shall determine whether the ballot  paper—

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

   (b)  shall not be counted pursuant to section 78 for—

        (i)    having on it 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 58(2);

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

        (iv)   being void for uncertainty. (L.N. 125 of 2003)

(3) In the case of a ballot paper which is not marked in accordance with
section 58(2), if the Presiding Officer is satisfied that the intention of the
elector is clear notwithstanding the deviation from the requirement in
section 58(2), the Presiding Officer may count that ballot  paper. (L.N. 125
of 2003)

(4) If the Presiding Officer decides a questionable 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, an election agent or a
counting agent objects to the Presiding 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. 79 of 2007)

(5) If a candidate, an election agent or a counting agent objects to the
decision of the Presiding Officer to count 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. 79 of 2007)

(6) The Presiding Officer is to prepare a statement of the ballot  papers
referred to in section 78(1) which are not to be counted. The statement is to
be under the following heads— (L.N. 125 of 2003)

   (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. 79 of 2007)


   (e)  substantially mutilated;

   (f)  unmarked;

   (g)  not marked in accordance with section 58;

   (h)  void for uncertainty; and

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