Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 74

Arrangements for counting of votes and verification of the ballot paper account in computer counting

(1) This section applies where the votes cast for the candidates at the
subsector election concerned are to be counted with the use of a computer.

(2) At a central counting station, the Returning Officer must-

   (a)  in relation to the ballot papers in the ballot boxes that have been
        given into that Officer's charge under section 71, arrange for the
        votes recorded on the ballot papers to be counted with the use of a
        computer;

   (b)  in relation to the ballot papers the votes recorded on which cannot be
        counted with the use of a computer, at the counting zone of which that
        Officer is in charge-

        (i)    arrange for the ballot papers to be sorted according to each
               subsector;

        (ii)   retain the ballot papers for the subsector for which that
               Officer is appointed;

        (iii)  arrange for the number of the other sorted ballot papers to be
               counted and recorded for each of the other subsectors;

        (iv)   prepare a statement in writing as to the number of ballot
               papers recorded for each of the other subsectors under
               subparagraph (iii);

        (v)    make into separate bundles the other sorted ballot papers
               together with the relevant statement prepared under
               subparagraph (iv), place each bundle in a separate receptacle
               and seal it in the presence of those present at the
               counting zone; and

        (vi)   arrange for the Assistant Returning Officer in attendance at
               the counting zone to hand over the receptacles to the
               Returning Officer for the relevant subsector at the
               counting zone for that subsector;

   (c)  in relation to the ballot paper accounts that have been given into
        that Officer's charge under section 71-

        (i)    retain the ballot paper account for the subsector for which
               that Officer is appointed; and

        (ii)   arrange for the Assistant Returning Officer in attendance at
               the counting zone to hand over the other ballot paper accounts
               to the Returning Officer for the relevant subsector at the
               counting zone for that subsector; and

   (d)  in relation to the ballot papers retained by that Officer under
        paragraph (b)(ii) and those handed over to that Officer under
        paragraph

   (b)  (vi), arrange for the votes recorded on the ballot papers to be
        counted, without the use of a computer, at the counting zone of which
        that Officer is in charge.

(3) At a counting station that is not a central counting station, the
Returning Officer must-

   (a)  in relation to the ballot papers in the ballot boxes that have been
        given into that Officer's charge under section 71, arrange for the
        votes recorded on the ballot papers to be counted with the use of a
        computer; and

   (b)  in relation to the ballot papers the votes recorded on which cannot be
        counted with the use of a computer, arrange for the votes recorded on
        the ballot papers to be counted without the use of a computer.

(4) After the votes for a subsector election have been counted under
subsection (2) or (3), the Returning Officer must-

   (a)  ascertain the number of ballot papers for the subsector in the ballot
        boxes from-

        (i)    the result of the counting of votes; and

        (ii)   the number of ballot papers that the Returning Officer decides
               under section 78 to be ballot papers the votes recorded on
               which are not to be counted;

   (b)  verify the ballot paper accounts for the subsector by comparing them
        with the number of ballot papers so ascertained; and

   (c)  prepare a statement in writing as to the result of the verification.

(5) In preparing the verification of the ballot paper account, if the
Returning Officer considers it necessary or if required by a candidate present
at the counting zone or an election agent or a counting agent so present, that
Officer must compare the ballot paper account with-

   (a)  the number of ballot papers ascertained for the subsector under
        subsection (4)(a); and

   (b)  the number of the counterfoils or un-issued ballot papers, the
        unused ballot papers and the spoilt ballot papers.

(6) A candidate, an election agent or a counting agent may copy what is
recorded on the ballot paper account or the verification of the 
ballot paper account.