Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 77

Ballot papers the votes recorded on which are not to be counted

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

(1) The votes recorded on the following ballot papers are not to be counted-

   (a)  on which there is writing or a mark by which the voter can be
        identified;

        (b)	which has the words "重複" and "TENDERED" endorsed on the front 
of it;

        (c)	which has the words "未用" and "UNUSED" endorsed thereon;


        (d)	which has the words "損壞" and "SPOILT" endorsed on the front of 
it;

   (e)  which is substantially mutilated;

   (f)  which is unmarked;

   (g)  subject to subsection (2), which is not marked in accordance with
        section 56; and

   (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) that is
used for a subsector by-election in relation to which the Commission has made
a direction under section 56(2), if the Returning  Officer is satisfied that
the intention of the voter or authorized  representative is clear
notwithstanding the deviation from the requirements in section 56(2)(b), that
Officer may count the vote recorded on that ballot paper.

(3) For the avoidance of doubt, it is declared that the Returning  Officer is
not to make a decision not to count the vote recorded on 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 37(2).