### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

80. Returning Officer to declare subsector election result
(1) When the counting of votes and re-counts, if any, are completed and the result of the subsector election determined, the Returning Officer is to declare as elected the candidates who were successful at the subsector election, as provided in section 29(7) of the Schedule to the Chief Executive Election Ordinance (Cap. 569).
(1A) Subsection (2) applies if, before the Returning Officer declares a candidate to be elected—
(a) proof is given to the satisfaction of the Officer that the candidate has died; or
(b) proof is given to the satisfaction of the Candidate Eligibility Review Committee that the candidate is disqualified from being elected. (14 of 2021 s. 216)
(2) In the circumstances mentioned in subsection (1A)(a) or (b), the Returning Officer— (14 of 2021 s. 216)
(a) must not declare that candidate to be elected; and
(b) must—
(i) declare the candidate to be returned for the subsector under section 29(9) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) to be elected; or
(ii) if there is no candidate who can be returned under that section, declare that no candidate is returned at the subsector election, as provided in section 26(2)(c) of that Schedule, or that the number of EC members returned at the subsector election for the subsector is less than the number of EC members to be returned at the subsector election, as provided in section 26(2)(d) of that Schedule.
(3) A declaration under section 26(2)(c) or (d) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) is to be made by the Returning Officer by a notice. The notice must be displayed in a prominent place outside the counting station. As soon as practicable after the declaration is made, the notice must be published in the Gazette.

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

81. Form in which Returning Officer is to publish result of subsector election
(1) The notice to be published under section 35(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) for a subsector election is to be in Form 3 in Schedule 2.
(1A) (Repealed 14 of 2021 s. 217)(2) A notice under subsection (1) must be published in the Gazette within 7 days after the date on which the relevant result is declared under section 80. (L.N. 75 of 2011; 14 of 2021 s. 217)
(3) The Returning Officer is to prepare a notice of the result of the subsector election in the appropriate form under this section and display it prominently in a place outside the counting station.
(4) The Returning Officer is to send a copy of each notice prepared under subsection (3) to—
(a) the Chairman;
(b) the Secretary for Constitutional and Mainland Affairs; and (L.N. 130 of 2007)
(c) the Chief Electoral Officer.

Editorial Note:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

82. Returning Officer to seal ballot papers in packets
(1) At a central counting station, the Chief Returning Officer (Subsectors) must, as soon as practicable after the results of the polls for all the subsectors concerned have been ascertained, make up into separate sealed packets in relation to those subsectors—
(a) the ballot papers the votes recorded on which are counted;
(b) the un-issued ballot papers;
(c) the unused ballot papers;
(d) the spoilt ballot papers; and
(e) the rejected ballot papers.
(2) At a counting station that is not a central counting station, the Returning Officer must, as soon as practicable after having ascertained the result of the poll for the subsector for which that Officer is appointed, make up into separate sealed packets in relation to that subsector—
(a) the ballot papers the votes recorded on which are counted;
(b) the un-issued ballot papers;
(c) the unused ballot papers;
(d) the spoilt ballot papers; and
(e) the rejected ballot papers.
(3) The Chief Returning Officer (Subsectors) or the Returning Officer must endorse on each sealed packet a description of its contents, the date of the relevant subsector election and the name of the subsector.
(4) A candidate or an election agent or a counting agent may be present when the Chief Returning Officer (Subsectors) or the Returning Officer makes up the sealed packets and endorses them.
(5) Before the Chief Returning Officer (Subsectors) or the Returning Officer makes up the packets, that Officer must inform—
(a) the candidates who are present at the counting station; and
(b) either the election agent or counting agent (if present) of a candidate who is not present at the counting station,
that they may be present when that Officer makes up the packets and seals and endorses them.

### meaning assigned to it by section 11(1) of the Schedule to the Chief Executive Election Ordinance (Cap. 569) 《行政長官選舉條例》

83. Returning Officer to send ballot papers, accounts, packets, etc. to Chief Electoral Officer
(1) As soon as practicable after preparing the notice of the result of the subsector election, the Returning Officer must send to the Chief Electoral Officer—
(a) the ballot paper accounts and verification of number of ballot papers; (14 of 2021 s. 218)
(b) the statement referred to in section 78A(1); (1 of 2019 s. 58)
(c) subject to subsection (2), the sealed packets made up under section 82;
(d) a copy of the notice of the result of the subsector election;
(e) all nomination forms;
(f) notices of withdrawal of candidature, if any;
(g) notices of appointment of election agents, polling agents and counting agents and copies of authorizations of election expense agents; (14 of 2021 s. 218)
(ga) if the copy of the subsector final register has been marked under section 53(5)(a)—the marked copy; and (14 of 2021 s. 218)
(h) any other document relating to the subsector election specified by the Commission.
(2) At a central counting station where the votes are counted with the use of a computer, the sealed packets made up under section 82 are to be sent by the Chief Returning Officer (Subsectors) to the Chief Electoral Officer as soon as practicable after they have been made up.

84. Ballot paper in custody of Chief Electoral Officer may be inspected only on court order
The Chief Electoral Officer is not to permit any person to inspect any ballot paper in that Officer’s custody other than on an order made by a Revising Officer in an appeal under section 39 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or on an order of court made in criminal proceedings.

85. Chief Electoral Officer to retain subsector election documents for at least 6 months
The Chief Electoral Officer must retain in that Officer’s custody the documents sent to that Officer under section 83 and the copies or extracts of the subsector final register in which records have been made under section 53(5)(b) for at least 6 months from the date of the subsector election to which they relate. That Officer must thereafter, unless directed by an order of the Revising Officer in an appeal under section 39 of the Schedule to the Chief Executive Election Ordinance (Cap. 569) or by an order of court made in criminal proceedings, destroy them.
(14 of 2021 s. 219)