Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION,ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (ELECTION COMMITTEE) REGULATION - SECT 78

Returning Officer to make decisions on questionable ballot papers

(Past version on 12/10/2001).

(1)-(2) (Repealed L.N. 114 of 2006)

(3) If a ballot paper is forwarded to the Returning Officer under
section 74A(a), a candidate, an election agent or a counting agent, if present
at the counting of votes, may—

(a) inspect the ballot paper; and

   (b)  make representations to the Returning Officer concerning the ballot
        paper. (L.N. 114 of 2006)

(4) After considering the representations, the Returning Officer must make a
decision as to whether the vote recorded on the ballot paper is not to be
counted under section 77 or is to be counted.

(5) If the Returning Officer decides the vote recorded on a ballot paper is
not to be counted, that Officer must endorse the words "不獲接納" and

"rejected" on the front of the ballot paper. If a candidate, an election 
agent or a counting 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". (L.N. 114 of 2006)

(6) If a candidate, an election agent or a counting agent objects to the
decision of the Returning Officer to count the vote recorded on 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. (L.N. 114 of 2006)

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

   (a)  writing or a mark by which the voter can possibly be identified; (L.N.
        114 of 2006)

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


        (c)	endorsed with the words "未用" and "UNUSED";


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


   (e)  substantially mutilated;

   (f)  unmarked;

   (g)  not marked in accordance with section 56; and

   (h)  void for uncertainty.