1964_ELECTORAL_PROVISIONS_(PROCEDURE)_REGULATIONS — Page 16

HK Historical Laws 香港歷史法例 All AI Reviewed

B 16

CAP. 367]

Electoral Provisions (Procedure) Regulations

[1987 Ed.

[Subsidiary]

Separation and counting of individual votes.

L.N. 383/87.

Re-count.

Void ballot papers.

65 of 1984, s. 29.

65 of 1984, s. 29.

Endorsement of rejected ballot papers.

45. (1) Whenever the returning officer shall have drawn up the statement referred to in regulation 44(3) he shall, subject to regulation 47, cause—

(a) in the case of a single member constituency or of a by-election to fill only one vacancy, the ballot papers on which votes have been recorded for each candidate to be placed in separate piles; or

(b) in any other case, the ballot papers on which votes have been recorded for a single candidate or more than one candidate to be placed in separate piles in such manner by reference to each candidate or the candidates as the returning officer may direct.

(2) The votes recorded for each candidate shall then be counted.

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

46. (1) A candidate or his election agent may, if present when the counting or any re-count 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 step shall be taken on the completion of the counting or any re-counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation.

47. (1) Any ballot paper—

(a) on which votes are given for more candidates than the elector is entitled to vote for;

(b) on which anything is written or marked by which the elector can be identified;

(ba) which is endorsed on the front with the word “TENDERED”;

(c) which is unmarked or void for uncertainty, or

(d) which is substantially mutilated,

shall not be counted.

(2) Where the elector is entitled to vote for more than one candidate, the ballot paper shall not be deemed to be void under paragraph (1)(c) as regards any vote as to which no uncertainty arises, and that vote shall be counted.

48. (1) The returning officer shall—

(a) endorse the word "rejected" on any ballot paper which under regulation 47 is not to be counted; and

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B 16 CAP. 367] Electoral Provisions (Procedure) Regulations [1987 Ed. [Subsidiary] Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984, s. 29. 65 of 1984, s. 29. Endorsement of rejected ballot papers. 45. (1) Whenever the returning officer shall have drawn up the statement referred to in regulation 44(3) he shall, subject to regulation 47, cause— (a) in the case of a single member constituency or of a by-election to fill only one vacancy, the ballot papers on which votes have been recorded for each candidate to be placed in separate piles; or (b) in any other case, the ballot papers on which votes have been recorded for a single candidate or more than one candidate to be placed in separate piles in such manner by reference to each candidate or the candidates as the returning officer may direct. (2) The votes recorded for each candidate shall then be counted. (3) The returning officer shall, so far as practicable, proceed continuously with counting the votes until completed. 46. (1) A candidate or his election agent may, if present when the counting or any re-count 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 step shall be taken on the completion of the counting or any re-counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation. 47. (1) Any ballot paper— (a) on which votes are given for more candidates than the elector is entitled to vote for; (b) on which anything is written or marked by which the elector can be identified; (ba) which is endorsed on the front with the word “TENDERED”; (c) which is unmarked or void for uncertainty, or (d) which is substantially mutilated, shall not be counted. (2) Where the elector is entitled to vote for more than one candidate, the ballot paper shall not be deemed to be void under paragraph (1)(c) as regards any vote as to which no uncertainty arises, and that vote shall be counted. 48. (1) The returning officer shall— (a) endorse the word "rejected" on any ballot paper which under regulation 47 is not to be counted; and
Baseline (Original)
B 16 CAP. 367] Electoral Provisions (Procedure) Regulations [1987 Ed. [Subsidiary] Separation and counting of individual votes. L.N. 383/87. Re-count. Void ballot papers. 65 of 1984, s. 29. 65 of 1984, s. 29. Endorsement of rejected ballot papers. 45. (1) Whenever the returning officer shall have drawn up the statement referred to in regulation 44(3) he shall, subject to regulation 47, cause--- (a) in the case of a single member constituency or of a by-election to fill only one vacancy, the ballot papers on which votes have been recorded for each candidate to be placed in separate piles; or (b) in any other case, the ballot papers on which votes have been recorded for a single candidate or more than one candidate to be placed in separate piles in such manner by reference to each candidate or the candidates as the returning officer may direct. (2) The votes recorded for each candidate shall then be counted. (3) The returning officer shall, so far as practicable, proceed continuously with counting the votes until completed. 46. (1) A candidate or his election agent may, if present when the counting or any re-count 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 step shall be taken on the completion of the counting or any re-counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation. 47. (1) Any ballot paper- (a) on which votes are given for more candidates than the elector is entitled to vote for; (b) on which anything is written or marked by which the elector can be identified; (ba) which is endorsed on the front with the word “TENDERED”; (c) which is unmarked or void for uncertainty, or (d) which is substantially mutilated, shall not be counted. (2) Where the elector is entitled to vote for more than one candidate, the ballot paper shall not be deemed to be void under paragraph (1)(c) as regards any vote as to which no uncertainty arises, and that vote shall be counted. 48. (1) The returning officer shall- (a) endorse the word "rejected" on any ballot paper which under regulation 47 is not to be counted; and
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B 16

CAP. 367]

Electoral Provisions (Procedure) Regulations

[1987 Ed.

[Subsidiary]

Separation and counting of

individual

votes.

L.N. 383/87.

Re-count.

Void ballot papers.

65 of 1984, s. 29.

65 of 1984, s. 29.

Endorsement of rejected ballot papers.

45. (1) Whenever the returning officer shall have drawn up the statement referred to in regulation 44(3) he shall, subject to regulation 47, cause---

(a) in the case of a single member constituency or of a by-election to fill only one vacancy, the ballot papers on which votes have been recorded for each candidate to be placed in separate piles; or

(b) in any other case, the ballot papers on which votes have been recorded for a single candidate or more than one candidate to be placed in separate piles in such manner by reference to each candidate or the candidates as the returning officer may direct.

(2) The votes recorded for each candidate shall then be counted.

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

46. (1) A candidate or his election agent may, if present when the counting or any re-count 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 step shall be taken on the completion of the counting or any re-counting of votes until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation.

47. (1) Any ballot paper-

(a)

on which votes are given for more candidates than the elector is entitled to vote for;

(b) on which anything is written or marked by which the

elector can be identified;

(ba) which is endorsed on the front with the word “TENDERED”; (c) which is unmarked or void for uncertainty, or

(d) which is substantially mutilated,

shall not be counted.

(2) Where the elector is entitled to vote for more than one candidate, the ballot paper shall not be deemed to be void under paragraph (1)(c) as regards any vote as to which no uncertainty arises, and that vote shall be counted.

48. (1) The returning officer shall-

(a) endorse the word "rejected" on any ballot paper which

under regulation 47 is not to be counted; and

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