### 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》

59. What ballot papers are to be marked “未用” and “UNUSED” by Presiding Officer
(1) Unless it is not reasonably practicable to do so, the Presiding Officer must endorse the words “未用” and “UNUSED” on any ballot paper that has been issued but has not been put into the ballot box, including any ballot paper kept in that Officer’s custody under section 55(4) or (6) at the close of the poll.
(2) References in this Regulation to an “unused ballot paper” are to be construed as references to a ballot paper which has been issued and has not been put into the ballot box, whether or not it has been endorsed under subsection (1).

60. What ballot papers are to be marked “損壞” and “SPOILT” by Presiding Officer
(1) If a voter or authorized representative inadvertently deals with the ballot paper issued to him or her in such a manner that it cannot be properly used as a ballot paper or makes an error in marking a ballot paper, he or she may apply to the Presiding Officer for another ballot paper.
(2) The Presiding Officer may issue another ballot paper to a person referred to in subsection (1) if that person gives back the ballot paper already issued to him or her to that Officer and establishes to the satisfaction of that Officer inadvertence or the fact that he or she has made an error.
(3) The Presiding Officer must immediately cancel the ballot paper given back to that Officer under subsection (2) by endorsing on the front of it the words “損壞” and “SPOILT”.

### 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》

61. Steps to be taken at polling station after close of poll
(1) As soon as practicable after the close of the poll at a polling station, the Presiding Officer must, in the presence of the persons, if any, who are present within the polling station, take the following steps—
(a) seal each ballot box with a seal provided for that purpose or with any other device specified by the Chief Electoral Officer, so that a ballot paper or any other material cannot be introduced into or withdrawn from the ballot box after it is sealed; and
(b) make up into separate sealed packets—
(i) the un-issued ballot papers;
(ii) the unused ballot papers;
(iii) the spoilt ballot papers; and
(iv) if the copy of the subsector final register has been marked under section 53(5)(a)—the marked copy. (14 of 2021 s. 211)
(2) The Presiding Officer must then comply with section 69 in relation to the ballot box, the sealed packets and the ballot paper account.
(3) For the avoidance of doubt, it is declared that the ballot papers in a sealed packet prepared under this section are not to be processed for the purpose of the counting of votes. Accordingly, references in this Regulation to “ballot papers” in relation to the counting of votes are to be construed as not including those ballot papers. (E.R. 1 of 2020)

62. Presiding Officer to prepare ballot paper account
(1) The Presiding Officer must prepare a statement which complies with subsection (2). At a polling station used for polling for more than one subsector, the Presiding Officer must make a separate statement for each subsector.
(2) The statement under subsection (1) must be in the specified form and show the number of ballot papers for the subsector, supplied to the Presiding Officer under section 37(2) and account for those ballot papers under the following heads—
(a) the number of ballot papers estimated by the Presiding Officer to be in the ballot box or boxes;
(b) the number of un-issued ballot papers;
(c) the number of unused ballot papers; and
(d) the number of spoilt ballot papers.

### 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》

63. Returning Officer to give notice of time and place of counting of votes to candidates
(1) Subject to subsection (6), the Returning Officer is to determine the time at which the counting of the votes in respect of a subsector election is to begin.
(2) The time determined under subsection (1) must be a time after the poll has closed at all the polling stations at which polling for that subsector was conducted.
(3) The Returning Officer must give notice in writing to each candidate for a subsector of the time determined for the counting of the votes for that subsector to begin and the place at which the counting is to take place.
(4) Notice under subsection (3) must be given at least 10 days before polling day. (L.N. 114 of 2006; 15 of 2016 s. 63)
(5) If the poll for a subsector is adjourned under Schedule 1, the counting of the votes for that subsector is to stand postponed.
(6) If the counting of votes stands postponed under subsection (5), the Chief Electoral Officer is to determine a time for the counting to begin and the place at which it is to take place. The time must be after the adjourned poll for the subsector is resumed and after the close of that poll. The Returning Officer is to give notice to each candidate for the relevant subsector of the time and place.
(7) A notice required to be given to a candidate under this section may be given to the election agent or counting agent of the candidate instead of to the candidate.

### 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》

64. Candidates may appoint counting agents
(1) A candidate may appoint persons to attend at a counting station to observe the counting of the votes for the subsector contested by the candidate, in accordance with this section.
(2) The Commission is to determine the maximum number of counting agents a candidate may appoint.
(3) Only a holder of an identity card who has attained the age of 18 years may be appointed as a counting agent.
(4) A candidate must give notice of appointment of counting agent to the Returning Officer.
(5) A notice of appointment must be given to the Returning Officer—
(a) at least 7 days before polling day; or (L.N. 114 of 2006; 15 of 2016 s. 41)
(b) on polling day.
(5A) A notice of appointment given under subsection (5)(a) must be delivered by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 41)
(6) If notice of appointment is given on polling day, it must be delivered to the Returning Officer—
(a) by the candidate in person; or
(b) by the election agent of the candidate, in person.
(7) The appointment of a counting agent is not effective until notice of the appointment is received by the Returning Officer.
(8) A notice of appointment must be in writing and in the specified form. It must state the name, identity card number and address of the counting agent. It must be signed by the candidate.
(9) If the appointment of a counting agent is revoked, the candidate must give notice of the revocation to the Returning Officer in accordance with subsection (10A) or (11). (15 of 2016 s. 41)
(10) A notice of revocation must be in writing and in the specified form. It must be signed by the candidate.
(10A) If the notice of revocation is given before polling day, it must be delivered to the Returning Officer by hand, by post, by electronic mail or by facsimile transmission. (15 of 2016 s. 41)
(11) If notice of revocation is given on polling day, it must be delivered to the Returning Officer by the candidate, or the election agent of the candidate, in person. (15 of 2016 s. 41)
(12) The revocation of the appointment of a counting agent is not effective until notice of the revocation is received by the Returning Officer.