LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
(PROCEDURE) REGULATIONS

ARANGEMENT OF REGULATIONS

Regulation
PART I Page
PRELIMINARY

1 Citation ............................. B 4
2 Interpretation .................................................. B 4

PART II

NoTiCE OF ELECTION

3.......................................Notice of election of all elected members B 5
4.......................................Notice of election to fill casual vacancy B 5

PART III

NOMINATION OF CANDIDATES

5. Requirements for nomination as a candidate B 6

6.......................................Subscription of nomination paper B 6
7.......................................Consent and deposit B 6

8. Requirement for candidates to he validly nominated and decisions as to

validity of nominations ...................................................................... B 7

9. Withdrawal of nomination ...........B 7

10...................Publication of nominations ................................................ B 7

11......................................Poll to be taken in contested election B 7

12. Declaration of election where number of candidates is same as number of

vacancies .........................B 8

13. Procedure where no candidates are nominated or vacancies exceed number of

candidates nominated ................B 8
14......................................Election countermanded B 8

PART IV

ELECTION AND POLLING AGENTS

15..............................Appointment of election agent ...................... B 9

16......................................Notice of particulars of election agents B 9
17......................................Appointment of polling agents B 10

PART V

POLLING AND COUNTING STATIONS
AND
DUTIES oF REGISTRATION OFFICER

18......................................Designation of polling and counting stations B 10
19......................................Delineation of polling stations and counting stations B 11
20......................................Duties of registration officer in relation to polling stations B 11






21......................................Other duties of registration officer B 11





Regulation Page

PART VI

CONTESTED
ELECTIONS

22......................................Votes to be given by ballot B 12
23......................................Taking of poll B 12
24......................................Directions for guidance of electors in voting B 12
25......................................Design of ballot box B 12
26......................................Form of ballot paper B 13
27......................................Admission to polling stations B 13
28......................................Sealing of ballot boxes B 13
29......................................Questions to be put to electors and authorized representatives B 13
30......................................Challenge of electors B 14
31......................................Issue of ballot papers B 14

32.....................................Marking of ballot papers . B 15
33.....................................Votes marked by presiding officer B 15
34.....................................Tendered ballot papers B 15
35.....................................Spoilt ballot papers B 16
36.....................................Adjournment of poll in case ofriot, etc . B 16
37.....................................(Repealed L.N. 190188) B 16
38.....................................Procedure at close of poll B 16

PART VII

COUNTING OF VOTES

39.....................................Counting stations B 17
40.....................................Appointment of counting agents B 17
41.....................................Notification of count B 17
42.....................................Appointment of counting officers B 17
43.....................................Persons entitled to be present at the count B 18
44.....................................Opening of ballot boxes and verification of ballot paper account B 18
45.....................................Counting of votes B 18
46.....................................Re-counts B 18
47.....................................Rejected ballot papers not to be counted B 19
48.....................................Endorsement of rejected ballot papers B 19
49.....................................Returning officer's decisions in regard to ballot papers B 19
50.....................................Declaration of result B 19

PART VIII

DISPOSAL oF
DOCUMENTS

51.....................................Scaling of ballot papers, etc., in packets B 20
52.....................................Documents, etc., to be sent to registration officer B 20
53.....................................Power of Court in relation to ballot papers B 21
54.....................................Prohibition of inspection of ballot paper B 21
55.....................................Production of ballot papers, etc . B 21
56.....................................Destruction of ballot papers B 21
57.....................................Procedure on abandonment of poll B 21





Regulation Page

PART IX
SUPPLEMENTAL PROVISIONS
58......................................Penalty for officers acting as agents B 22
59......................................Ofrences in polling stations B 22

60. Prohibitions against employees of candidates acting as officers under these

regulations .........................................................
B 22

61......................................Powers of delegation by presiding officers B 23
62......................................Powers of delegation by returning officers B 23

63...................Powers of candidates ...................................... B 23

64......................................Saving B 23
65......................................Declaration of secrecy B 23
66......................................Enforcement of provisions as to secrecy B 24

67...................Keeping order in polling station
........................................................... B 24

68......................................Display of notice, etc . B 24
69......................................Certain forms to be made available B 24
70......................................Return or forfeiture of deposits B 25

First Schedule ..........................B 25

Second Schedule...........................................
...................................................................... B 34





LEGISLATIVE COUNCIL (ELECTORAL PROVISIOD
(PROCEDURE) REGULATIONS

(Cap. 381, section 28)

[17 July 1985]

L.N. 196/85 - R. Ed. 1985, L.N. 190/88

PART I

PRELIMINARY

Citation
1. These regulations may be cited as the Legislative Council (Electoral

Provisions) (Procedure) Regulations.

Interpretation
2. (1) In these regulations, unless the context otherwise requires-
authorized representative' has the meaning assigned to it in the Legislative
Council (Electoral Provisions) (Registration of Electors and Appointment
of Authorized Representatives) Regulations (Cap. 38 1, sub. leg.);
counting agenC means a person appointed as a counting agent under
regulation 40;

'double-seat constituency' means a constituency in which 2 candidates in an
election are to be elected as elected Members; (L.N. 190/88) election agenC
means a person appointed as an election agent under regulation 15;
nomination period' has the meaning assigned to it in(a) regulation 3(b) in
relation to an election held under section 3 of the

Ordinance;
(b) regulation 4(b) in relation to an election held under section 11 of the

Ordinance;
polling agenC means a person appointed as a polling agent under regula-
tion 17;
polling station' means a polling station designated under Part V;
preference vote' means a first, second, third or subsequent preference vote
referred to in the Second Schedule; (L.N. 190/88)
presiding officer' means a person appointed under regulation 20(1)(a) to
be a presiding officer;
single-seat constituency' means a constituency in which a single candidate
in an election is to be elected as an elected Member; (L.N. 190/88)





'specified address', in relation to an election, means the address specified in a
notice of election published under regulation 3 or 4 in respect of such
election;

'specified period' has the meaning assigned to it in

(a)regulation 3(b) in relation to an election held under section 3 of the
Ordinance;

(b)regulation 4(b) in relation to an election held under section 11 of the
Ordinance;

'vote' includes preference vote. (L.N. 190/88)

(2) A requirement in these regulations that any notice or other matter be
delivered to the returning officer shall be construed as a requirement that it be so
delivered during normal office hours on any day other than a public holiday or a
Saturday.

PART II

NOTICE oF ELECTION

Notice of election of all elected members

3. As soon as practicable after the date of publication in the Gazette of a notice
under section 3(3) of the Ordinance, the returning officer for each constituency
shall publish in the Gazette a notice of election in Form 1 in the First Schedule
stating

(a) the name of the constituency;

(b)that nominations of candidates for election in that constituency must be
received by him within such period ('the nomination period') as shall be
specified in the notice of election, at the address specified in such notice;
and

(c)the date appointed under section 3(3) of the Ordinance for holding the
election.

Notice of election to fill casual vacancy

4. Within 14 days after the date of publication in the Gazette of a notice under
section 10 of the Ordinance in respect of any constituency, the returning officer for
that constituency shall publish in the Gazette a notice of election in Form 1 in the
First Schedule stating

(a) the name of the constituency;

(b)that nominations of candidates for election in that constituency must be
received by him within 14 days ('the nomination period') after the date of
publication of the notice of election, at the address specified in such
notice;

(c)the date of the election, being a date not less than 14 days and not more
than 21 days after the expiration of the nomination period.





PART III

NOMINATION OF
CANDIDATES

Requirements for nomination as a candidate

5. Subject to regulations 6 and 7, a candidate shall be nominated in a
nomination paper in Form 2 in the First Schedule delivered in person by the
candidate, or by any person who has subscribed the nomination paper as proposer
or seconder, to the returning officer at the specified address before the expiration of
the nomination period.

Subscription of nomination paper

6. (1) The nomination paper of a candidate for election in a constituency shall
be subscribed by 2 electors registered in that constituency as proposer and
seconder respectively and

(a)in the case of an election to an electoral college constituency, by 3 other
electors registered in that constituency as assenting to the nomination; or

(b)in the case of an election to a functional constituency, by 8 other electors
registered in that constituency as assenting to the nomination.

(2) During the nomination period, the returning officer shall permit any person
to inspect, at the specified address, any nomination paper delivered to the returning
officer.

(3) The returning officer may at the request of any elector prepare a
nomination paper for signature.

(4) No person shall at any election subscribe more nomination papers than
there are vacancies to be filled for the constituency concerned.

(5) Where an elector subscribes nomination papers in contravention of
subregulation (4), only those nomination papers (up to the permitted number) which
are first delivered shall be valid.

(6) In the case of an elector other than an individual, the subscription of the
nomination paper by that elector shall be effected by that elector's authorized
representative.

Consent and deposit

7. A person shall not be validly nominated as a candidate unless there is
delivered to the returning officer at the specified address before the expiration of the
nomination period

(a)his consent to nomination and declaration of qualification signed by him
in the presence of a witness (who shall also sign) in Form 3 in the First
Schedule; and

(b)a receipt issued by the Director of Accounting Services showing that a
deposit of $4,000 has been lodged with the Director of Accounting
Services in respect of the nomination of such person. (L.N. 190/88)





Requirement for candidates to be validly nominated and
decisions as to validity of nominations

8. (1) No person shall stand as a candidate in an election unless he is
validly nominated as such candidate, and the question whether he is validly
nominated as such candidate shall be decided by the returning officer.

(2) The returning officer shall examine each nomination paper as soon as
practicable after it is delivered to him and decide whether the candidates have
been validly nominated.

(3) The returning officer shall be entitled to decide that a nomination is
invalid if, but only if-
(a)the particulars of the candidate or the persons subscribing the
nomination paper do not comply with the Ordinance or these
regulations; or
(b)proof is given to the satisfaction of the returning officer of the death
of the candidate or that he is not qualified for nomination or is
disqualified from being nominated as such candidate; or
(c)in the case of a functional constituency, the registration officer is
not satisfied that the candidate has a substantial connection with the
constituency concerned.

(4) Where the returning officer decides that a nomination is invalid, he
shall endorse and sign on the nomination paper the reasons for his decision.

(5) The returning officer shall send notice of his decision to the candidate
at the candidate's residential address stated in the nomination paper.

(6) The decision of the returning officer that a nomination is valid or
invalid, as the case may be, shall be final and shall not be questioned in any
proceeding whatsoever except by an election petition under Part VII of the
Ordinance.

Withdrawal of nomination

9. A candidate may withdraw his nomination by delivering to the retur-
ning officer at the specified address a notice signed by him in the presence of a
witness (who shall also sign) in Form 4 in the First Schedule, not later than the
day following the expiration of the nomination period.

Publication of nominations

10. The returning officer shall, not later than 14 days after the expiration
of the nomination period, publish in the Gazette a notice in Form 5 in the First
Schedule of all nominations received by him during that period.

Poll to be taken in contested election

11. A poll shall be taken in any constituency where the number of validly
nominated candidates who have not withdrawn under regulation 9 exceeds the
number of vacancies in that constituency.





Declaration of election where number of candidates is
same as number of vacancies

12. Where at the end of the day following the expiration of the nomination
period the number of validly nominated candidates in any constituency who have
not withdrawn under regulation 9 is the same as the number of vacancies in that
constituency, the returning officer shall declare such candidates elected and
publish the result in the notice of nominations published under regulation 10.

Procedure where no candidates are nominated or vacancies
exceed number of candidates nominated

13. (1) Where in any constituency no candidate is validly nominated or every
validly nominated candidate has withdrawn under regulation 9, the returning officer
shall declare that result and, not later than 14 days after the day following the
expiration of the nomination period, publish in the Gazette a notice of election in
Form 1 in the First Schedule stating in respect of that constituency the particulars
set out in regulation 4, and this Part shall apply accordingly.

(2) Where in any constituency the number of validly nominated candidates
who have not withdrawn under regulation 9 is less than the number of vacancies in
that constituency, the returning officer shall

(a)declare such candidates elected and publish the result in the notice of
nominations published under regulation 10; and

(b)in respect of any continuing vacancy in that constituency, declare that
result and, not later than 14 days after the day following the expiration of
the nomination period, publish in the Gazette a notice of election in Form 1
in the First Schedule stating in respect of that constituency the particulars
set out in regulation 4, and this Part shall apply accordingly.

(3) Where in respect of any constituency a notice of election is published
under subregulation (1) or (2), and at the end of the day following the expiration of
the nomination period in respect of such election any vacancy in the constituency
continues (either because no candidate is validly nominated or every validly
nominated candidate has withdrawn under regulation 9 or because the number of
validly nominated candidates who have not withdrawn under regulation 9 is less
than the number of vacancies in that constituency), the returning officer shall not,
unless the Legislative Council is sooner dissolved, be required to publish a further
notice of election until the expiration of 6 months from the date of publication of the
previous notice of election.

(4) Within 7 days after the expiration of such period of 6 months, the returning
officer shall publish in the Gazette a notice of election in Form 1 in the First
Schedule stating the particulars set out in regulation 4, and this Part shall apply
accordingly.

Election countermanded

14. (1) Where at any election proof is given to the satisfaction of the returning
officer before the result of the election is declared that a candidate in a constituency
has died or become disqualified from being elected, the returning officer shall





(a)countermand the election in that constituency by completing a notice in
the specified form; and

(b) publish such notice in the Gazette as soon as practicable.

(2) Within 14 days after the date of publication in the Gazette of a notice under
subregulation (1) relating to any constituency, the returning officer shall publish in
the Gazette a notice of election in Form 1 in the First Schedule stating in respect of
that constituency the particulars set out in regulation 4, and this Part shall apply
accordingly.

PART IV

ELECTION AND POLLING AGENTS

Appointment of election agent

15. (1) Whenever an election is to be held, each validly nominated candidate
may, not later than 3 days after the expiration of the nomination period, appoint a
person who has attained the age of 21 years as his election agent in that election by
delivering to the returning officer notice of his appointment in Form 6 in the First
Schedule, signed by the candidate in the presence of a witness who shall also sign.

(2) One election agent only shall be appointed under subregulation (1) for
each candidate but the appointment may be revoked at any time by notice in writing
signed by the candidate and delivered to the returning officer.

(3) If, whether before, during or after the election the appointment of an
election agent is revoked or an election agent dies, another election agent may be
appointed by the candidate delivering to the returning officer notice of his
appointment in accordance with subregulation (1).

(4) For the purposes of these regulations, a duly appointed election agent shall
have authority to do all things necessary at the election in respect of which he is
appointed which could have been done by the candidate in person and, at any time
in the absence of the candidate, may take any steps and incur any expenditure on
behalf of the candidate in respect of such election and any such acts of the election
agent shall be as effectual as if they had been done by the candidate in person.

Notice of particulars of election agents

16. The returning officer shall, not later than 10 days after the expiration of the
nomination period

(a)display a notice of particulars of election agents in Form 7 in the First
Schedule in a prominent place outside his office;

(b) send a copy of such notice to each validly nominated candidate; and

(c) as soon as practicable publish a copy of such notice in the Gazette.





Appointment of polling agents

17. (1) Each -validly nominated candidate in an election may appoint .persons
who have attained the age of 21 years as polling agents to attend at polling stations
for the purpose of detecting personation at that election.

(2) Notice in writing of the appointment by a candidate of polling agents under
subregulation (1), stating the names and addresses of the persons so appointed,
shall be given by the candidate to the returning officer at least 10 days before the
day of any poll.

(3) If a polling agent dies, or becomes incapable of acting, the candidate may
at any time before or during any poll appoint another polling agent in his place, and
shall give to the returning officer notice in writing of the name and address of the
polling agent so appointed.

(4) A polling agent in respect of whom notice has been given under
subregulation (2) or (3) may, during the hours of any poll, attend at the polling
station to which he has been appointed and on attending shall report in person to
the presiding officer and produce his identity card and the declaration in Form 8 in
the First Schedule, duly completed.

(5) A candidate may appoint not more than 2 polling agents to attend at any
one polling station but not more than one polling agent shall, in respect of that
candidate, be admitted to that polling station at any one time.

PART V

POLLING AND COUNTING STATIONS ANi) DUTIES OF
REGISTRATION OFFICER

Designation of polling and counting stations

18. (1) In relation to every election, the registration officer shall designate by
notice published in the Gazette

(a)in respect of each electoral college constituency, the places to be used as
polling stations at which electors in that constituency may cast their
votes in that election;

(b)in respect of each functional constituency, the places to be used as
polling stations at which electors in that constituency may cast their
votes in that election; and

(e)the places to be used as counting stations for- the counting of votes in
respect of any poll in that constituency.

(2) Where the registration officer is of the opinion that there are special
circumstances he may, in substitution for a place designated under subregulation
(1), designate any other place, and publish, in such manner as he thinks fit, notice
of such substitution.

(3) Subject to subregulation (4), the registration officer may hire any premises
or part thereof in Hong Kong for the purposes of this regulation.

(4) Where the registration officer designates-





(a) a school or part thereof,

(b)a building or part thereof occupied by any organization, association or
body,

in respect of which a grant is paid out of the general revenue of Hong Kong, the
place so designated shall be made available without charge.

(5) A list of polling stations and counting stations shall be available for
inspection at the office of the registration officer.

Delineation of polling stations and counting stations

19. As soon as practicable after the designation of a polling station or
counting station under regulation 18 the registration officer shall delineate clearly in
such manner as he thinks fit the boundaries of such stations.

Duties of registration officer in relation to
polling,stations

20. (1) The registration officer shall-

(a)appoint a presiding officer and such other officers (including assistant
presiding officers and polling officers) for each polling station as may be
necessary for supervising the poll;

(b)deliver to each polling station such number of compartments as the
registration officer may deem necessary in which the electors may,
subject to Part VI, mark their ballot papers free from observation;

(c)provide the presiding officer at each polling station with such number of
ballot boxes and ballot papers as the registration officer may deem
necessary and with copies of the final register or part thereof for the
constituency in respect of which that polling station has been
designated.

(2) The registration officer shall provide each presiding officer with a list of the
other officers appointed under subregulation (1)(a) and the list shall be displayed in
a prominent position in the polling station.

Other duties of registration officer

21. (1) The registration officer shall-

(a)at least 10 days before the date of any election send a poll card in the
specified form

(i) in the case of an elector who is an individual, to that elector; or

(ii) in the case of an elector who is not an individual, to that elector's
authorized representative;

(b)as soon as practicable after a notice of nominations is published under
regulation 10 provide





(i) each validly nominated candidate listed in such notice with an
extract of that part of the final register, in such format and containing such
additional information (if any) as the registration officer may determine,
for the constituency specified in such notice; (L.N. 190188)

(ii) each returning officer with a copy of the final register or part thereof
for the constituency in respect of which that officer is appointed;

(c)do such other acts and things as may be necessary for the proper
supervision of the election in accordance with the Ordinance and these
regulations.

(2) For the purposes of these regulations, a poll card sent to an elector or an
elector's authorized representative under subregulation (1) shall specify

(a) the constituency in which the elector is registered;

(b) the date of the election and the hours of the poll; and

(c) the polling station at which he may vote.

PART VI

CONTESTED ELECTIONS

Votes to he given by ballot

22. At every poll voting shall be by secret ballot and the election shall be
conducted in accordance with the Ordinance and these regulations.

Taking of poll

23. (1) Polling shall commence and close on the day appointed for the holding
of an election in any constituency at such time or times as the registration officer
may determine in respect of that constituency.

(2) The registration officer shall publish such notice of the time or times
determined under subregulation (1) as he may deem necessary, including notice in
the Gazette.

(3) (Repealed L.N. 190/88)

Directions for guidance of electors in voting

24. A notice in the specified form giving directions for the guidance of electors
and authorized representatives in voting shall be exhibited outside each polling
station and in each compartment of that polling station.

Design of ballot box

25. Every ballot box shall be constructed so that ballot papers may be placed
within but may not be removed unless the ballot box is unlocked.





Form of ballot paper

26. (1) A ballot paper shall be in Form 10 in the First Schedule.

(L.N. 190/88)

(2) The ballot paper shall-

(a)contain the name and, if the registration officer so requires, the address of
each candidate as shown in the notice of nominations published under
regulation 10; (L.N. 190/88)

(b) be capable of being folded up; and

(c)have a number and the date and description of the election printed on the
back.

Admission to polling stations

27. (1) No elector or authorized representative shall be admitted to vote at any
polling station other than the polling station specified in respect of that elector
under regulation 21.

(2) The presiding officer at a polling station in any constituency may regulate
the number of electors or authorized representatives to be admitted to the polling
station at the same time and shall exclude all other persons except

(a) the officers named in the list referred to in regulation 20(2);

(b) the returning officer and any assistant returning officers;

(c) the candidates for election in that constituency and their election agents;

(d) the polling agents appointed to attend at the polling station;

(e) the police officers on duty at the polling station;

(f) public officers authorized in writing by the Deputy Ghief Secretary, for
the purposes of this regulAtion. (L.N. 190/88)

Sealing of ballot boxes

28. Immediately before the commencement of any poll, the presiding officer
shall, in the presence of such persons as may be present in the polling station,
show the empty ballot box to such persons, and shall then lock up the ballot box
and seal with his own seal or such other device as the registration officer may
determine the ballot box in such manner as to prevent it being opened without
breaking the seal, and shall place it in his view for the receipt of ballot papers, and
keep it so locked and sealed. (L.N. 190/88)

Questions to he put to electors and authorized representatives

29. (1) The presiding officer may, and if required by a candidate or his election
agent or polling agent shall, put to any person applying for a ballot paper at the
time of his application, but not afterwards, any or all of the following questions, that
is to say

(a) in the case of an elector--

(i) Are you the person registered as an elector in the register of electors
now in force for this constituency as follows (read the whole entry from
the register





(ii) Are you, in addition to being registered as an elector in this
constituency, also registered as the authorized representative of another
elector in this constituency, and if so, what is the name of that elector?

(iii) Have you already voted at the present election in this
constituency?

(b) in the case of an authorized representative-

(i) Are you the person registered as the authorized representative of an
elector in the register of electors now in force for this constituency as
follows (read the whole entry from the register)?

(ii) Are you, in addition to being registered as the authorized
representative of an elector in this constituency, also registered as an
elector in this constituency in your own right?

(iii) Have you already voted at the present election for this
constituency?

(2) A ballot paper shall not be delivered to any person required to answer the
above questions or any of them unless he has answered the question or questions
to the satisfaction of the presiding officer.

Challenge of electors

30. (1) If at the time a person applies for a ballot paper, or after he has applied
for a ballot paper and before he has left the polling station

(a)a candidate or his election agent or polling agent declares to the presiding
officer that he has reasonable cause to believe that the applicant has
committed the offence of personation under section 6 of the Corrupt and
Illegal Practices Ordinance (Cap. 288) and undertakes to substantiate the
charge in a court of law; or

(b)the presiding officer has reasonable cause to believe that the applicant
has committed that offence,

the presiding officer may order a police officer to arrest the applicant, and the order
of the presiding officer shall be sufficient authority for the police officer so to do.

(2) A person against whom a declaration is made under subregulation (1) or
who is arrested by order of the presiding officer under that subregulation shall not,
by reason thereof, be prevented from voting.

Issue of ballot papers

31. (1) A ballot paper shall not be issued to any person unless that person
produces to a polling officer either his identity card, or in the case of an authorized
representative his passport, or such other document showing that person's identity
card number and name as will satisfy the polling officer that the person is a person
named in the register as an elector or authorized representative.





(2) Immediately before the issue by a poll ing officer of a ballot paper to an
elector or authorized representative and without identifying that ballot paper in any
way the polling officer shall

(a)call out the name of the elector or authorized representative as shown in
the polling officer's copy of the register; and

(b)mark his copy of the register by striking through the entry containing the
particulars of that elector or authorized representative.

(3) Where any question arises whether a ballot paper should be issued under
this regulation, the polling officer may consult with the presiding officer in deciding
that question.

Marking of ballot papers

32. (1) Subject to regulation 33, an elector or authorized representative, on
receiving the ballot paper, shall forthwith proceed into one of the compartments in
the polling station and there secretly mark his ballot paper in accordance with the
directions thereon and in accordance with Part 1 of the Second Schedule and fold
up the ballot paper so as to conceal his vote and put the ballot paper, so folded up,
into the ballot box in the presence of the presiding officer. (L.N. 190188)

(2) An elector or authorized representative shall vote without undue delay and,
unless he is allowed to remain by the presiding officer, shall leave the polling
station as soon as he has put his ballot paper into the ballot box.

Votes marked by presiding officer

33. The presiding officer, on the application of-

(a)an elector or authorized representative who is incapacitated by blindness
or other physical cause from voting in accordance with regulation 32; or

(b)an elector or authorized representative who declares that he is unable to
read,

shall mark the ballot paper of the elector or authorized representative in the manner
directed by that person and put the ballot paper, folded up so as to conceal the
vote, into the ballot box.

Tendered ballot papers

34. (1) Subject to subregulation (2), if in any poll a person, representing himself
to be an elector or authorized representative named in the register of electors,
applies for a ballot paper after another person has been issued with a ballot paper in
respect of such elector or authorized representative and the entry in the register
containing the particulars of that elector or authorized representative has been
struck through under regulation 31(2)(b), the applicant shall, upon answering the
questions set out in regulation 29(1) to the satisfaction of the presiding officer, be
entitled to be issued with a ballot paper and to mark such ballot paper in the same
manner as any other elector or authorized representative.





(2) A ballot paper issued to an applicant under subregulation (1) shall be
endorsed by the presiding officer on the front with the word 'TENDERED'

Spoilt ballot papers

35. An elector or authorized representative who has inadvertently marked, torn
or otherwise spoilt his ballot paper (the 'spoilt ballot paper') may, on delivering the
spoilt ballot paper to the presiding officer and proving the fact of his inadvertence
to the satisfaction of the presiding officer, obtain another ballot paper in the place
of the spoilt ballot paper, and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot, etc.

36. (1) Where any poll at a polling station is interrupted or obstructed by riot,
open violence, typhoon or other climatic conditions or by any other like cause, the
presiding officer shall adjourn that poll to another day not being more than 4 days
later (excluding any public holiday) and shall forthwith give notice to the returning
officer.

(2) Where any poll is adjourned at a polling station-

(a)polling shall commence on the day to which it is adjourned at the time or
times determined for the original day; and

(b)references in these regulations to the close of any poll shall be construed
accordingly.

37. (Repealed L.N. 190/88)

Procedure at close of poll

38. (1) As soon as practicable after the close of the poll, the presiding officer at
a polling station shall, in the presence of such persons as may be present in the
polling station

(a)seal with his own seal or such other device as the registration officer may
determine the ballot box in such a manner as to prevent the introduction
of additional ballot papers or any other material into the ballot box;

(b) make up into separate sealed packets-

(i) the unused ballot papers;

(ii) the spoilt ballot papers;

(iii) the marked copies of the register, (L.N. 190/88)

and shall deliver the ballot box and such packets to the returning officer to be taken
charge of by him. (L.N. 190/88)

(2) The packets referred to in subregulation (1) shall be accompanied by a
statement (the'ballot paper account') made by the presiding officer in the specified
form showing the number of

(a)ballot papers in his possession immediately before the opening of any
poll;





(b) ballot papers believed to be in the ballot box;

(c) unused ballot papers; (L.N. 190/88)

(d) spoilt ballot papers. (L.N. 190/88)

(3) The returning officer shall immediately upon receiving the items referred to
in subregulations (1) and (2) proceed with the counting of votes in accordance with
Part VII.

PART VII

COUNTING OF VOTES

Counting stations

39. The counting of the votes cast at any poll shall take place in the counting
stations designated by the registration officer under Part V.

Appointment of counting agents

40. (1) Each candidate may appoint not more than 2 persons who have attained
the age of 21 years as counting agents to attend at the counting station for the
counting U the votes.

(2) Notice in writing of the appointment, stating the names and addresses of
the persons appointed under subregulation (1), shall be given by the candidate to
the returning officer at least 10 days before the day of any poll.

(3) If a counting agent dies, or becomes incapable of acting, the candidate may
appoint another counting agent in his place, and shall give to the returning officer
notice in writing of the name and address of the counting agent so appointed.

(4) A counting agent in respect of whom notice has been given under
subregulation (2) may attend at the counting station to which he has been
appointed and on attending shall report in person to the returning officer and
produce his identity card and Form 8 in the First Schedule.

Notification of count

41. The returning officer shall make arrangements for counting the votes in the
presence of the candidates, their election agents and counting agents as soon as
practicable after the close of any poll.

Appointment of counting officers

42. (1) The registration officer may appoint counting officers to assist each
returning officer in counting the votes and shall provide each returning officer with
a list of the counting officers so appointed.

(2) The list referred to in subregulation (1) shall be displayed in a prominent
position in the counting station.





Persons entitled to he present at the count

43. Except with the consent of the returning officer, no person other than the
returning officer, the counting officers appointed under regulation 42, and the
candidates and their election agents and counting agents may be present in the
counting station during the counting of the votes.

Opening of ballot boxes and verification of ballot paper account

44. (1) The returning officer shall, in the presence of such persons as may be
present in the counting station

(a)open each ballot box, remove the ballot papers contained therein and
count and record the number of those ballot papers;

(b)verify each ballot paper account in accordance with subregulation (3);
and

(c)in the case of a functional constituency, mix together the whole of the
ballot papers.

(2) The returning officer shall not count any tendered ballot paper.

(3) The returning officer shall-

(a)verify each ballot paper account by comparing it with the number of the
ballot papers recorded by him under subregulafion (1)(a), and if necessary
or if required by any person entitled to be present under regulation 43, the
unused and spoilt ballot papers in his possession; and

(b)prepare a statement as to the result of the verification which any
candidate or election agent may copy.

Counting of votes

45. (1) Subject to regulation 47(2) and subregulation (2), the returning officer
shall, after he has drawn up the statement referred to in regulation 44(3), count the
votes recorded for each candidate in the poll.

(2) The votes recorded for each candidate shall be counted in accordance with
Part II of the Second Schedule. (L.N. 190/88)

(3) The returning officer shall, so far as practicable, proceed continuously with
counting the votes until completed.

Re-counts

46. (1) A candidate or his election agent may, after the counting of the votes is
completed, require the returning officer to have the votes re-counted or again re-
counted, but the returning officer may refuse to do so if in his opinion the request
is unreasonable.

(2) No steps shall be taken by the returning officer on the completion of the
counting of the votes until he has given the candidates and election agents present
at the completion thereof a reasonable opportunity to exercise the right conferred by
subregulation (1).





Rejected ballot papers not to be counted

47. (1) The returning officer shall reject any ballot paper-

(a)on which anything is written or marked by which an elector can be
identified;

(b) which is unmarked;

(c)which is void for uncertainty under Part I of the Second Schedule, or
which he otherwise determines is void for uncertainty; (L.N. 190/88)

(d) which is substantially mutilated; or

(e) which is endorsed on the front with the word 'TENDEREM.

(f) (Repealed L.N. 190/88)

(2) Any ballot paper that is rejected by the returning officer under
subregulation (1) shall not be counted.

Endorsement of rejected ballot papers

48. (1) The returning officer shall endorse the word 'REJECTED' on any ballot
paper which he has rejected under regulation 47.

(2) Where a candidate or his elector or counting agent objects to the rejection
by the returning officer of a ballot paper, the returning officer shall add to the
endorsement under subregulation (1) the words 'REJECTION OBJECTED TO'.

(3) The returning officer shall prepare a statement showing the number of
rejected ballot papers under the following heads

(a) writing or mark by which the elector could be identified;

(b) unmarked;

(c) void for uncertainty;

(d) substantially mutilated; or

(e) endorsed on the front with the word 'TENDERED'.

(f) (Repealed L.N. 190/88)

Returning officer's decisions in regard to ballot papers

49. The decision of the returning officer in respect of any ballot paper shall be
final and shall not be questioned in any proceeding whatsoever except by an
election petition.

Declaration of result

50. (1) When the result of the counting of the votes is ascertained the
returning officer shall declare that result.

(2) Where it is determined under regulation 45 that a candidate has obtained an
absolute majority as therein mentioned, the returning officer shall





declare that candidate elected and shall prepare a notice of the result in Form 11 in
the First Schedule.

(3) A copy of the notice prepared by the returning officer under subregulation
(2) shall

(a) be displayed in a prominent place outside the counting station;

(b) be sent to the Chief Secretary;

(c)within 10 days after the declaration under subregulation (2), be published
in the Gazette.

PART VIII

DISPOSAL OF DocumENis

Sealing of ballot papers, etc., in packets

51. As soon as practicable after the declaration of the election of a candidate
or candidates the returning officer shall, in the presence of any candidates, election
agents or counting agents wishing to be present, make up into separate sealed
packets- (L.N. 190/88)

(a) the counted ballot papers;

(b) the unused ballot papers; (L.N. 190/88)

(ba) the spoilt ballot papers; (L.N. 190/88)

(c) the rejected ballot papers; and

(d) the ballot papers endorsed with the word 'TENDERED', relating to that
election and shall endorse on each packet a description of the contents, the date of
the election and the name of the constituency.

Documents, etc., to be sent to registration officer

52. As soon as practicable, the returning officer shall send to the registration
officer

(a)the sealed packets of the marked copies of the register referred to in
regulation 37 or 38, as the case may be;

(b) the ballot paper account and statement referred to in regulation 44(3);

(c) the statement referred to in regulation 48(3);

(d) the ballot papers referred to in regulation 49;

(e) the notice of the result of the election prepared under regulation 50(2);
and
all nomination papers, consents to nomination, withdrawals of nomi-
nation, notices of nomination and notices of appointment of election
agents, polling agents and counting agents received by him.





Power of Court in relation to ballot papers

53. (1) The Court, on being satisfied by evidence on oath that the production
or inspection of any documents referred to in regulation 52 is required for the
purpose of instituting or maintaining a prosecution for an offence in relation to
ballot papers, or for the purpose of an election petition, may make an order for the
production or inspection of any such ballot papers.

(2) An order under subregulation (1) may be made subject to such condi~
tions as to persons, time, place and mode of production or inspection of ballot
papers as the Court may think expedient, and may direct the registration officer to
retain the ballot papers intact for such period as may be specified in the order.

(3) An order under subregulation (1) may be made in chambers.

Prohibition of inspection of ballot paper

54. Except by order under regulation 53, no person shall be allowed to inspect
any documents in the custody of the registration officer under these regulations.

Production of ballot papers, etc.

55. Where an order is made under regulation 53 for the production by the
registration officer of any document in his possession relating to any election, the
production by the registration officer of the document, in such manner as may be
directed by the order, shall be conclusive evidence that the document so produced
relates to that election, and any endorsement appearing on any sealed packet of
ballot papers produced by the registration officer shall be prima facie evidence of
the contents of that sealed packet.

Destruction of ballot papers

56. The registration officer shall-

(a)keep in his possession, for a period of 6 months after the date of an
election, all the documents sent to him by the returning officer relating to
that election; and

(b)unless otherwise directed by an order under regulation 53, arrange for
those documents to be destroyed after the expiration of that period.

Procedure on abandonment of poll

57. (1) Where an election in any constituency is countermanded by the
returning officer under regulation 14 and polling has already commenced at a polling
station in respect of that constituency, the returning officer shall direct that the poll
be abandoned and the presiding officer at any such polling station shall take the
like steps ( so far as not already taken) for the delivery to the returning officer of
ballot boxes, ballot papers and other documents as he is required to take on the
close of any poll, except that it shall not be necessary for any ballot paper account
to be prepared.





(2) Where any poll is abandoned under subregulation (1), the returning officer
shall, without taking any step for the verification or counting of the ballot papers,
seal up together all the ballot papers but otherwise the provisions of these
regulations as to the production, retention and destruction of ballot papers and
other documents relating to any poll at an election shall, so far as practicable, apply
to any such documents.

PART IX

SUPPLEMENTAL
PROVISIONS

Penalty for officers acting as agents
58. Any-
(a) returning officer; or

(b) officer appointed under regulation 20(1)(a) or 42, appointed for the
purposes of an election who at that election acts as an election agent, a polling
agent or a counting agent commits an offence and is liable to a fine of $5,000.

Ofrences in polling stations

59. (1) Subject to subregulation (2), any person who speaks to any elector or
authorized representative within the boundaries of any polling station commits an
offence and is liable to a fine of $500.

(2) Subregulation (1) does not apply to-

(a) the returning officer;

(b) an officer appointed under regulation 20(1)(a);

(c) police officers on duty at any polling station.

(3) Any person who-

(a)without the special permission of the presiding officer, takes any
photographs;

(b) canvasses; or

(c) displays any poster,

within the boundaries of any polling station commits an offence and is liable to
a fine of $500.

Prohibitions against employees of candidates acting as
officers under these regulations

60. No person shall be appointed to act in any official capacity (other than as
an agent) under these regulations for the purposes of an election who is or has
been employed by or on behalf of a candidate in such election.





Powers of delegation by presiding officers

61. (1) Subject to subregulation (2), a presiding officer may delegate to the
officers appointed under regulation 20(1)(a) any act which the presiding officer is
required or authorized by these regulations to do at a polling station.

(2) Subregulation (1) does not apply in relation to the arrest, exclusion or
removal of any person from the polling station or the adjournment of a poll.

Powers of delegation by returning olficers

62. (1) Subject to subregulation (2), a returning officer may delegate to an
assistant returning officer any act which the returning officer is required or
authorized by these regulations to do at an election.

(2) Subregulation (1) does not apply in relation to the determination of the
validity of a nomination paper, the countermanding of an election, the rejection of a
ballot paper or the declaration of the result of an election.

Powers of candidates

63. (1) A candidate may himself do any act which his election agent is required
or authorized by these regulations to do, or may assist his election agent in doing
any such act or thing.

(2) A candidate shall, before acting under subregulation (1), make a declaration
of secrecy under regulation 65.

Saving

64. Where in these regulations any act or thing is required or authorized to be
done in the presence of the candidates, election agents, polling agents or counting
agents, the non-attendance of any such person, at the time and place appointed for
the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or
thing done.

Declaration of secrecy

65. (1) Every returning officer and assistant returning officer and all other
persons authorized to attend at a polling station (other than as an elector or
authorized representative) shall, before entering any polling station, make a
declaration of secrecy in Form 9 in the First Schedule; and every counting officer
appointed under regulation 42 and counting agent and all other persons authorized
to attend at the counting of the votes shall, before the counting commences, make
such declaration of secrecy.

(2) In the case of a returning officer the declaration shall be made in the
presence of a justice of the peace, and in the case of any other person the
declaration may be made in the presence of a justice of the peace, a commissioner
for oaths or the returning officer.

(3) All persons authorized to attend at a polling station or at the counting of
the votes shall maintain and aid in maintaining the secrecy of the ballot.





Enforcement of provisions as to secrecy

66. (1) Except as authorized by these regulations, no person appointed to act in
any official capacity under these regulations shall communicate to any person

(a)whether or not any other person who is an elector or authorized
representative has applied for a ballot paper or voted at a polling station;
or

(b)any information obtained at the counting of the votes, concerning any
candidate.

(2) No person shall-

(a)interfere with or attempt to interfere with an elector or authorized
representative when voting; or

(b)directly or indirectly induce an elector or authorized representative to
display his ballot paper after he has marked it.

(3) Any person who contravenes any of the provisions of this regulation
commits an offence and is liable to a fine of $5,000.

Keeping order in polling station

67. (1) It shall be the duty of the presiding officer to keep order at his polling
station.

(2) If any person misconducts himself in a polling station, or fails to obey a
lawful order of the presiding officer or the returning officer (if present), such officer
may order him to leave the polling station and if he fails to leave the polling station
immediately, he may be removed from the polling station by a police officer, or by
any other person authorized in writing by the presiding officer or the returning
officer to remove him; and the person so removed shall not, without the permission
of the presiding officer, again enter the polling station during the election.

(3) The powers conferred by this regulation shall not be exercised so so as to
prevent an elector or authorized representative who is otherwise entitled to vote at
a polling station from having an opportunity of voting at that polling station.

Display of notices, etc.

68. Subject to these regulations, a returning officer may publish or display in
such manner as he thinks fit any notice, declaration or other document required to
be published or displayed under these regulations.

Certain forms to be made available

69. The registration officer shall make available free of charge at his office and
at the office of each returning officer and at such other place or places in Hong
Kong as he thinks fit copies of Forms 2, 3, 4, 6 and 8 in the First Schedule.





Return or forfeiture of deposits

70. (1) Any deposit lodged under regulation 7 in respect of an election by or on
behalf of any person shall be returned by the Director of Accounting Services to
that person or, in the event of the death of that person, to his personal
representative, on the Director of Accounting Services being satisfied by the
certificate of the returning officer that such person is not a person to whom
subregulation (2)(a), (b) or (c) applies.

(2) A deposit shall not be returned under subregulation (1) to the following

(a)a candidate in an election in a single-seat constituency contested by 2
candidates, who fails to obtain at least 12.5% of the first preference votes
counted and recorded in that election in accordance with Part II of the
Second Schedule; (L.N. 190/88)

(b)a candidate in an election in a single-seat constituency contested by 3 or
more candidates, who

(i) where one of those candidates is elected following a count of
preference votes in accordance with Part II of the Second Schedule, fails
to obtain at least 12.5% of the aggregate number of preference votes
counted and recorded at that count;

(ii) where no candidate is elected following a count of preference votes
in accordance with Part II of the Second Schedule, fails to obtain at least
12.5% of the aggregate number of preference votes counted and recorded
at that count and is required under that Part of that Schedulb to withdraw
from the election; (L.N. 190/88)

(c)a candidate in an election in a double-seat constituency contested by 3 or
more candidates, who

(i) where 2 of those candidates are elected following a count of
preference votes in accordance with Part 11 of the Second Schedule, fails
to obtain at least 12.5% of the aggregate number of preference votes
counted and recorded at that count;

(ii) where no candidate is elected following a count of preference votes
in accordance with Part 11 of the Second Schedule, fails to obtain at least
12.5% of the aggregate number of perference votes counted and recorded
at that count and is required under that Part of that Schedule to withdraw
from the election. (L.N. 190/88)

FIRST SCHEDULE [regs. 3, 4, 5, 7, 9, 10,
13,14,15,16,17,
26, 40, 50, 65 & 69]
FoRm 1 [regs. 3, 4,13(1),
(3) & 14]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

NOTICE OF ELECTION

1 . It is hereby notified that there *is a vacancy for an elected Member/are 2 vacancies for
elected Members on the Legislative Council in the constituency named below





........... *ELECTORAL COLLEGE/FUNCTIONAL CONSTITUENCY
(L.N. 190/88) ............................... ELECTORAL DIVISION

2. Nominations for the above *vacancy/vacancies will be received by me or one of my
Assistant Returning Officers at (address of the Returning Officer/ District Office) during office
hours on any working day up to and including (date).

3. Forms of nomination papers may be obtained free of charge during office hours on any
working day from me or one of my Assistant Returning Officers at the above address or the
Registration Officer at (address of the Registration Officer).

4. If the election is contested, a poll will beheld on ......

Date
.................................. ...........................

....................

Returning Officer
for the above-mentioned constituency

* Delete words which do not
apply.

FoRm 2 [reg. 5]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE)
REGULATIONS

NOMINATION PAPER

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

........... ..... Electoral College/ Functional

Constituency (L.N. 190188) Electoral Division.

Date of Election: ..................................................................................

1. We are electors registered in the above constituency under the Legislative Council
(Electoral Provisions) Ordinance and we hereby nominate the following person as a candidate at
the above election.






2. We are electors registered in the above constituency under the Legislative Council (Electoral Provisions)
Ordinance and we hereby assent to the above nomination.



- Delete words which do not apply.

Note: (i) lle signature of the elector's authorized representative should appear where that
elector is not an
individual.
(ii) Only 3 electors are required in the case of an electoral college constituency.
(iii) A note on how to complete this form will be issued separately.

FORm 3 [reg. 7]
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS
CANDIDATE'S CONSENT TO NOMINATION AND
DECLARATION OF QUALIFICATION
ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

.................................................................. * Electoral College/ Functional

Constituency (L.N. 190/88) ............. Electoral Division.
Date of Election: .......... ---------



hereby consent to my nomination as a candidate at the above election.

2. I hereby declare that I am qualified under section 20 of the Legislative Council (Electoral Provisions)
Ordinance for nomination as a candidate and for election. *My substantial connection with the above
constituency is as follows

................................................ .................................................





3. I hereby further declare that to the best of my knowledge and belief I am not disqualified
from being nominated or elected by reason of any disqualification contained in section 21 of the
Legislative Council (Electoral Provisions) Ordinance.

...........................................................................

(Signature of Candidate)

Date
....................................................................

4. This form was signed in my presence.


* Delete words which do not apply.

Note:A note on the qualific,ations (including examples of a substantial connection with a constituency) and disqualifications for
candidates and on how to complete this form will be issued separately.

FORm 4 [reg. 9]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

WITHDRAWAL OF CANDIDATURE

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

................................. * Electoral College/ Functional
Constituency (L.N. 190/88) .....Electoral Division.

Date of Election: ..................................................................................



am a duly nominated candidate at the above election. However, I do not now wish to be
nominated as such candidate and I hereby withdraw my consent to nomination dated
.......................................

.............................................

...................
........................................................

(Signature of Candidate)

Date ...........................





2. This form was signed in my presence.


Delete words which do not
apply.

Note: A note on how to complete this form will be issued
separately.

FORm 5 [reg. 10]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

NOTICE OF NOMINATIONS

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

................................. * Electoral College/ Functional
Constituency (L.N. 190/88) .....Electoral Division.

1. The following is a statement as to candidates nominated at the above election






+2. It is hereby notified that since the number of candidates in List A above is the same as
the number of vancancies for the above-mentioned constituency, the candidates in List A above
are hereby declared to be elected for that constituency.

(or) +2. It is hereby notified that as there are more validly nominated candidates than vacancies
for the above-mentioned constituency, an election will be held for that constituency on
........................ Polling will take place between the hours of [time] at the following Polling
Station(s)

(a)

(b)

(C)

(d)

(e)

Date ......................................................................... ............
...................................................

Returning Officer

Delete words which do not apply. for the above-mentioned constituency

Delete if inapplicable.

FORm 6 [reg. 15(1) & (3)]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

APPOINTMENT OF ELECTION AGENT

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

................................. * Electoral College/ Functional
Constituency (L.N. 190/88) .....Electoral Division.

Date of Election: ..................................................................................







- Delete words which do not apply.

Note: A note on the appointment of an election agent and how to complete this form will be issued separately.

FORM 7 [reg. 16]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

NOTICE OF PARTICULARS OF ELECTION AGENTS

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

................................. * Electoral College/ Functional
Constituency (L.N. 190/88) .....Electoral Division.

Date of Election: ..................................................................................

The following is a statement of the particulars of election agents appointed by the validly
nominated candidates at the above election. All claims, notices, writs, summonses and other
documents which are required to be sent to the candidates may be sent to their election agents as
indicated below.





FoRm 8 [regs. 17(4), 40(4)
& 65(1)]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE)
REGULATIONS

DECLARATION OF SECRECY

ELECTION OF A LEGISLATIVE COUNCIL MEMBER for the

............... I * Electoral College/ Functional
Constituency (L.N. 190188) ..... Electoral Division.

Date of Election:
..................................................................................

.
1. I ....................................................................................................
(Full Name)

of
........................................................................................................
..................................

(Residential Address)

solemnly promise and declare that, at the above election, I will not do anything forbidden by regulation 66 of the
Legislative Council (Electoral Provisions) (Procedure) Regulations, which has been read to me

...........

(Signature)

Date
.........................................................
...........

2. Regulation 66 of the Legislative Council (Electoral Provisions) (Procedure) Regulations has been read to
the declarant by me and the above declaration was made before me.

..
................................................
.............

(Signature of *Returning Officer/Justice of the
Peace/Commissioner for Oaths)

......................

(Full name in block letters)

Delete words which do not
apply.

Note:A note on regulation 66 ofthe Legislative Council (Electoral Provisions) (Procedure) Regulations and how to
complete this form will be issued separately.

Form 9

(Repealed L.N. 190/88)





FoRm 10 [reg. 26]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

BALLOT PAPER

Form of Front of Ballot Paper

Mark ' 1 ' Opposite name of candidate of
your first preference and, if desired, '2'
opposite name of candidate of your second
preference; '3'' opposite name of candidate
of your third preference and so on.


Form of Back of Ballot Paper

No . .....................................................................

ELECTION OF A MEMBER OF THE LEGISLATIVE COUNCIL for the .........................

.............................. * Electoral College/

Functional Constituency
...................................................................................................................

Electoral Division on .......(Date)

Delete words which do not apply.

(L.N. 190188)

FORM 11 [reg. 50(1)]

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS

NOTICE OF RESULT OF ELECTION

ELECTION TO THE LEGISLATIVE COUNCIL

Date of Election:..................................................................................

1. The following is a statement ofthe results ofthe above election in the constituency
named below.





2. It is hereby notified that the following *candidate has/candidates have been declared to be
elected for the above-mentioned constituency

Name of Candidate Elected

Date ...................................................................
.....................

Returning Officer for the
above-mentioned constituency

Delete words which do not apply.

(L.N. 190/88)

SECOND SCHEDULE [regs. 32, 45, 47 &
70]

PART I

DIRECTIONS FOR VOTING

1. The elector shall vote once only, in accordance with this Part.

2. The elector shall mark his ballot paper in descending order of preference by marking
numbers opposite the names of the candidates of his preference, thus: ' 1 ' opposite the name
of the candidate of his first preference ('first preference vote'); '2'' opposite the name of
the candidate of his second preference ('second preference vote'); '3' opposite the name of
the candidate of his third preference third preference vote') and so on.

3. The elector shall mark a first preference vote and may mark second, third and subsequent
preference votes for as many candidates as are indicated on his ballot paper.

4. (1) Where an elector-

(a)marks on his ballot paper first preference votes for 2 or more candidates (whether or
not he marks second, third or subsequent preference votes for other candidates); or

(b)fails to mark on his ballot paper a first preference vote (whether or not he marks
second, third or subsequent preference votes),

his ballot paper shall be void for uncertainty.

(2) Where an elector marks on his ballot paper the same preference vote for 2 or more
candidates, only the preference vote or votes prior in sequence to that preference vote shall be
valid.

(3) Where an elector marks on his ballot paper preference votes which contain a break in
sequence, only the preference vote or votes which appear before the break in sequence shall be
valid.

PART II

THE COUNT

5. (1) The counting of the preference votes marked on valid ballot papers shall be divided
into a number of stages ('the first counC, 'the second count', 'the third count' and so on until
'the final count'); the preference votes being counted and recorded and aggregated in descending
order of preference at each stage of the count in accordance with this Part.

(2) Where no candidate is elected at the first or subsequent count the candidate with the
feast number of preference votes recorded at that count, or the least number of such preference
votes as recorded and aggregated at that count, as the case may be, shall withdraw from the
election and his preference votes shall be transferred to, and allotted amongst, the candidates
then remaining and aggregated with the preference votes of those candidates.











(3) The withdrawal of a candidate under subparagraph (2) and the transfer, allotment and
aggregation of preference votes under that subparagraph shall continue at subsequent counts
until a candidate obtains an absolute majority of preference votes as recorded and aggregated at
the final count and is elected.

Single-seat constituencies with 3 or more candidates

6. (1) At the first count only first preference votes marked on the ballot papers in respect
of each candidate shall be counted and recorded and the candidate who obtains an absolute
majority of those votes at that count shall be elected.

(2) Where the ballot papers referred to in subparagraph (1) contain only first preference
votes and no other preference votes are marked on those ballot papers, the candidate who
obtains the highest number of those first preference votes shall be elected.

7. (1) Subject to subparagraphs (2) and (3), where no candidate obtains an absolute majority
of the first preference votes recorded at the first count, the candidate who obtains the least
number of those votes recorded at that count shall withdraw from the election and his ballot
papers shall be dealt with according to paragraph 8.

(2) Where a ballot paper-

(a)ofa candidate required to withdraw from the election under subparagraph (1) contains
no second preference vote; or

(b) contains a second preference vote which is not valid under paragraph 4(2) or (3), that
ballot paper shall be set aside and disregarded for the purposes of the second and subsequent
counts (if any).

(3) Where-

(a)all the candidates obtain the same number of first preference votes as recorded at the
first count; or

(b)2 or more candidates obtain the same number of first preference votes as recorded at
that count, being the least number so recorded,

as the case may be, a separate count ('elimination counC) shall be conducted between those
candidates, in accordance with paragraph 20, immediately before the second count under
paragraph 8(2).

8. (1) At the second count under subparagraph (2) the ballot papers of the candidate
required to withdraw under paragraph 7(1) or 20(4) shall be transferred to, and allotted amongst,
the candidates then remaining after the first count according to the second preference votes
marked on those ballot papers.

(2) At the second count, the second preference votes contained in the ballot papers
transferred and allotted under subparagraph (1) in respect of each candidate then remaining after
the first count shall be counted and recorded and those votes shall be aggregated with the first
preference votes in respect of that candidate recorded at the first count.

9. The candidate who obtains an absolute majority of the total number of first and second
preference votes as recorded and aggregated at the second count under paragraph 8(2) shall be
elected.

10. (1) Subject to subparagraphs (2) and (3), where no candidate then remaining after the
first count obtains an absolute majority of first and second preference votes as recorded and
aggregated at the second count under paragraph 8(2), the candidate who obtains the least number
of those votes as recorded and aggregated at that count shall withdraw from the election and his
ballot papers shall be dealt with according to paragraph 11.

(2) Where a ballot paper-

(a)of a candidate required to withdraw from the election under subparagraph (1) contains
no second or third preference votes; or







(b) contains second or third preference votes which are not valid under paragraph 4(2) or
(3), that ballot paper shall be set aside and disregarded for the purposes of the third and
subsequent counts (if any).

(3) Where-

(a)all the candidates obtain the same number of first and second preference votes as
recorded and aggregated at the second count; or





(b)2 or more candidates obtain the same number of first and second preference votes as
recorded and aggregated at that count, being the least number so recorded and
aggregated,

as the case may be, a separate count ('elimination count') shall be conducted between those
candidates, in accordance with paragraph 20, immediately before the third count under paragraph
11(4).

11. (1) Subject to subparagraph (2), at the third count under subparagraph (4) the ballot
papers of the candidate required to withdraw under paragraph 10(1) or 20(4) which contain first
preference votes in respect of that candidate shall be transferred to, and allotted amongst, the
candidates then remaining after the second count according to the second preference votes
marked on those ballot papers.

(2) Where any ballot papers referred to in subparagraph (1) contain second preference
votes in respect of the candidate required to withdraw under paragraph 7(1) or 20(4), those
ballot papers shall be transferred to, and allotted amongst, the candidates then remaining after
the second count according to the third preference votes marked on those ballot papers.

(3) At the third count under subparagraph (4) the ballot papers of the candidate required to
withdraw under paragraph 10(1) or 20(4) which contain second preference votes in respect of
that candidate shall, be transferred to, and allotted amongst, the candidates then remaining after
the second count according to the third preference votes marked on those ballot papers.

(4) At the third count the-

(a)second preference votes contained in the ballot papers transferred and allotted under
subparagraph (1) in respect of each candidate then remaining after the second count;
and

(b)third preference votes contained in the ballot papers transferred and allotted under
subparagraphs (2) and (3) in respect of that candidate,

shall be counted and recorded and those votes shall be aggregated with the first and second
preference votes in respect of that candidate recorded and aggregated at the second count.

12. The candidate who obtains an absolute majority of the total number of first, second and
third preference votes as recorded and aggregated at the third count under paragraph 11(4) shall
be elected.

13. (1) Subject to subparagraphs (2) and (3), where no candidate then remaining after the
second count obtains an absolute majority of first, second and third preference votes as recorded
and aggregated at the third count under paragraph 11(4), the candidate who obtains the least
number of those votes as recorded and aggregated at that count shall withdraw from the election
and his ballot papers shall be dealt with according to paragraph 14.

(2) Where a ballot paper-

(a)of a candidate required to withdraw from the election under subparagraph (1) contains
no second, third or fourth preference votes; or

(b)contains second, third or fourth preference votes which are not valid under paragraph
4(2) or (3),

that ballot paper shall be set aside and disregarded for the purposes of the fourth and subsequent
counts (if any).

(3) Where-

(a)all the candidates obtain the same number of first, second and third preference votes as
recorded and aggregated at the third count; or

(b)2 or more candidates obtain the same number of first, second and third preference
votes as recorded and aggregated at that count, being the least number so recorded and
aggregated,







as the case may be, a separate count ('elimination counC) shall be conducted between those
candidates, in accordance with paragraph 20, immediately before the fourth count under
paragraph 14(4).

14. (1) Subject to subparagraph (2), at the fourth count under subparagraph (4) the ballot
papers of the candidate required to withdraw under paragraph 13(1) or 20(4) which contain first
preference votes in respect of that candidate shall be transferred to, and allotted amongst, the
candidates then remaining after the third count according to the second preference-votes
marked on those ballot papers.

(2) Where any ballot papers referred to in subparagraph (1) contain second or third
preference votes in respect of the candidates required to withdraw under paragraph 7(1), 10(1)
or 20(4), those ballot papers shall be transferred to, and allotted amongst, the candidates then
remaining after the third count according to the third or fourth preference votes marked on
those ballot papers.





(3) At the fourth count under paragraph (4) the ballot papers of the candidate required to
withdraw under paragraph 13(1) or 20(4) which contain second or third preference votes in
respect of that candidate shall be transferred to, and allotted amongst, the candidates then
remaining after the third count according to the third or fourth preference votes marked on
those ballot papers.

(4) At the fourth count, the-

(a)second preference votes contained in the ballot papers transferred and allotted under
subparagraph (1) in respect of each candidate then remaining after the third count; and

(b)third or fourth preference votes contained in the ballot papers transferred and allotted
under subparagraphs (2) and (3) in respect of that candidate,

shall be counted and recorded and those votes shall be aggregated with the first, second and third
preference votes in respect of that candidate recorded at the third count.

15. The candidate who obtains an absolute majority of the total number of first, second,
third and fourth preference votes as recorded and aggregated at the fourth count under paragraph
14(4) shall be elected.

16. Where no candidate then remaining after the third count obtains an absolute majority
of first, second, third and fourth preference votes as recorded and aggregated at the fourth count
under paragraph 14(4), the same or substantially the same procedure as that applicable at that
fourth count shall apply to the fifth and subsequent counts (if any) until one candidate obtains an
absolute majority of the preference votes as recorded and aggregated at that fifth or subsequent
count.

17. Where at the final count neither candidate then remaining after the preceding count
obtains an absolute majority of the first and subsequent preference votes as recorded and
aggregated at that count (i.e. both candidates obtain the same number of such preference votes)
a separate count ('special counC) shall be conducted between those candidates, in accordance
with paragraphs 18 and 19.

18. At the special count, the preference votes ('the relevant preference votes') marked on
the ballot papers in respect of each candidate, being next in sequence to the first and subsequent
preference votes as recorded and aggregated at the final count, shall be counted and recorded.

19. (1) The candidate who obtains the higher number of the relevant preference votes as
recorded at the special count under paragraph 18 shall be deemed to have received an additional
preference vote at the final count and shall be elected.

(2) Where both candidates obtain the same number of the relevant preference votes as
recorded at the special count under paragraph 18, the result of the election shall be determined
by the returning officer by lot, the successful candidate being deemed to have received an
additional preference vote at the final count.

20. (1) The elimination count under subparagraph (3) shall he conducted between all
candidates, or 2 or more candidates, ('tied-vote candidates') then remaining after each stage of
the count

(a) in the circumstances described in paragraph 7(3), immediately after the first count;
or

(b) in the circumstances described in paragraph 10(3), immediately after the second
count;
or

(c) in the circumstances described in paragraph 13(3), immediately after the third count;
or

(d) immediately after the fourth and subsequent counts (if any) where-

(i) all the tied-vote candidates obtain the same number of preference votes as
recorded and aggregated at that fourth or subsequent count; or







(ii) 2 or more tied-vote candidates obtain the same number of preference votes as
recorded and aggregated at that fourth or subsequent count, being the least number so
recorded and aggregated at that count,

as the case may be, in order to establish which one of those candidates shall withdraw from the
election.

(2) At the elimination count under subparagraph (3) only the ballot papers ('relevant ballot
papers') in respect of the 'tied-vote candidates' shall be transferred to, and allotted amongst,
those candidates and the ballot papers in respect of the other candidates, or other candidates
then remaining after the count immediately preceding the elimination count, as the case may be,
shall be disregarded.

(3) At the elimination count-

(a)the relevant ballot papers shall be transferred to, and allotted amongst, the tied-vote
candidates in accordance with the preference votes ('lower preference votes') marked
on those relevant ballot papers in respect of those candidates, being next in sequence to
the preference votes as recorded and aggregated at the couni immediately preceding the
elimination count; and





(b)those lower preference votes in respect of each tied-vote candidate shall be counted and
recorded.

(4) Subject to subparagraph (5), the tied-vote candidate who obtains the least number of
lower preference votes as counted and recorded under subparagraph (3) shall withdraw from the
election and his ballot papers shall be transferred to, and allotted amongst, the other candidates
or the other candidates then remaining (including the other tied-vote candidate or candidates) at
the count immediately preceding the elimination count, as the case may be, in accordance with
paragraph 8, 11 or 14.

(5) Where 2 or more tied-vote candidates obtain the same number of lower preference
votes as recorded at the elimination count, the establishment of which one of those candidates
shall withdraw from the election shall be determined by the returning officer by lot and the
ballot papers of that candidate shall be dealt with according to subparagraph (4) as if he were
required to withdraw under that subparagraph.

Single-scat constituencies with only 2 candidates

21. At the first count only first preference votes marked on the ballot papers in respect of
each candidate shall be counted and recorded and the candida& who obtains an absolute majority
of those votes at that count shall be elected.

22, Where at the first count neither candidate obtains an absolute majority of the first
preference votes as recorded at that count (i.e. both candidates obtain the same number of first
preference votes) a separate count ('special counC) shall be conducted between those candidates,
in accordance with paragraphs 23 and 24.

23. At the special count the second preference votes marked on the ballot papers in respect
of each candidate shall be counted and recorded.

24 (1) The candidate who obtains the higher number of the second preference votes as
recorded at the special count under paragraph 23 shall be deemed to have received an additional
first preference vote at the first count and shall be elected.

(2) Where both candidates obtain the same number of second preference votes as recorded
at the special count under paragraph 23, the result of the election shall be determined by the
returning officer by lot, the successful candidate being deemed to have received an additional
first preference vote at the first count.

Double-seat constituencies with 3 or more candidates

25. (1) The procedure relating to-

(a)the counting of preference votes marked on ballot papers in respect of 3 or more
candidates in a double-seat constituency;

(b) the transfer and allotment of the ballot papers between those candidates;

(c)the withdrawal of candidates from the election, including such withdrawal following an
elimination count. and

(d)the election of 2 candidates as elected Members, including such election of one of those
candidates following a special count,

shall, subject to the modifications contained in this paragraph, be conducted or carried out in the
same or substantially the same manner as the procedure relating to

(i)the counting of preference votes rnarked on ballot papers in respect of 3 or more
candidates in a single-seat constituency;

(ii) the transfer and allotment of the ballot papers between those candidates;

(iii)the withdrawal of candidates from the election, including such withdrawal following an
elimination count; and







(iv)the election of a candidate as an elected Member, including such election following a
special count.





(2) On the election of a candidate to one of the 2 seats in a double-scat constituency in accordance with this
Part after a first or subsequent count (if any) no further count (other than a special count) shall take place, and
the second candidate with the next higher or highest number of preference votes as recorded at the first count, or
with the next higher or highest total number of preference votes as recorded and aggregated at the subsequent
count, as the case may be, shall be elected to the second seat in that constituency.

(3) Where at the first count the ballot papers as counted and recorded at that count contain only first
preference votes, and no other preference votes are marked on those ballot papers, the 2 candidates who obtain the
highest number and next higher or highest number of those first preference votes respectively shall be elected.

(4) Where at the final count the 2 candidates then remaining after the preceding count obtain the same
number of preference votes as recorded and aggregated at that final count, those 2 candidates shall be elected.

(L.N.190/88)
[regs. 3, 4, 5, 7, 9, 10, 13, 14, 15, 16, 17, 26, 40, 50, 65 & 69] [regs. 3, 4, 13(1), (3) & 14] [reg.5] [reg.7] [reg.9] [reg.10] [reg.15(1) & (3)] [reg. 16] [regs. 17(4), 40(4) & 65(1)] [reg. 26] [L.N. 190/88] [reg. 50 (1)] (L.N. 190/88) [regs. 32, 45, 47 & 70] (L.N. 190/88)

[regs. 3, 4, 5, 7, 9, 10, 13, 14, 15, 16, 17, 26, 40, 50, 65 & 69] [regs. 3, 4, 13(1), (3) & 14] [reg.5] [reg.7] [reg.9] [reg.10] [reg.15(1) & (3)] [reg. 16] [regs. 17(4), 40(4) & 65(1)] [reg. 26] [L.N. 190/88] [reg. 50 (1)] (L.N. 190/88) [regs. 32, 45, 47 & 70] (L.N. 190/88)

https://oelawhk.lib.hku.hk/items/show/3425

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