B 18
[Subsidiary]
CAP. 381] Legislative Council (Electoral Provisions)
(Procedure) Regulations
[1988 Ed.
Persons entitled to be 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 subregulation (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).