Hong Kong Regulations

ELECTORAL PROCEDURE (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 63

Determination of validity of questionable ballot papers

(1) If a ballot paper is forwarded to the Returning Officer under
section 61(2)(a)-

(a) a candidate, an election agent or a counting agent, if present in the
counting zone, is entitled to inspect the ballot paper; and

   (b)  the candidate or the election agent is entitled to make
        representations to the Returning Officer concerning the ballot paper.

(2) After considering the representations (if any) made under subsection
(1)(b), the Returning 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 62 for-

        (i)    having on it any writing or mark by which, in the opinion of
               the Returning Officer, the elector can possibly be identified;

        (ii)   being a ballot paper described in section 62(b) or (c); or

        (iii)  being void for uncertainty.

(3) Notwithstanding section 62(b), the Returning Officer may determine under
subsection (2) that a ballot paper which is not marked in accordance with
section 48(1)(b), (2)(b) or (3)(b), as the case may be, is valid and the vote
shall be counted in the manner specified in section  61 (1)(a) or (b), as the
case may be, if, subject to other provisions of section 62, he is satisfied
that the elector has marked the ballot paper by affixing the chop issued under
section 45 on the ballot paper so as to clearly indicate his intention to vote
for the candidate or candidates concerned, as the case may be.

(4) If-

   (a)  the Returning Officer determines under subsection (2) that a ballot
        paper is valid and the vote shall be counted; and

   (b)  a candidate or an election agent objects to the determination,
the Returning Officer shall endorse the words "acceptance objected to" and
"予以接納的決定遭反對" on the front of the ballot paper.

(5) If the Returning Officer determines under subsection (2) that a ballot
paper shall not be counted, he shall-

        (a)	endorse the words "rejected" and "不予接納" on the front of it; and


   (b)  where a candidate or an election agent objects to the
determination, endorse the words "rejection objected to" and
"不予接納的決定遭反對" on the front of it.

(6) If-

   (a)  the Returning Officer determines under subsection (2) that a ballot
        paper shall not be counted pursuant to section 62 for-

        (i)    having on it any writing or mark by which, in the opinion of
               the Returning Officer, the elector can possibly be identified;

        (ii)   being a ballot paper described in section 62(b) or (c); or

        (iii)  being void for uncertainty; or

   (b)  any ballot paper is not to be counted pursuant to section  62 (e),
        (f), (g) or (h), the Returning Officer shall prepare a statement
        regarding such ballot paper.

(7) A statement prepared under subsection (6) shall show the respective number
of ballot papers under the following heads-

   (a)  having on it any writing or mark by which the elector can possibly be
        identified;

   (b)  not marked in accordance with section 48(1), (2) or (3) (as the case
        may be);

   (c)  substantially mutilated;

   (d)  void for uncertainty;

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


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


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


   (h)  unmarked.

(8) A determination made under subsection (2) shall be final.

(9) For the avoidance of doubt, it is declared that the Returning  Officer
shall not make a determination not to count a ballot paper solely
for the reason that the ballot paper is stamped with the words "DECEASED"
and "已故" or "DISQUALIFIED" and "喪失資格", as the case may be, in
accordance with section 33(3).