### 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》

65. Chief Electoral Officer to appoint or remove counting officers
(L.N. 114 of 2006)(1) The Chief Electoral Officer may appoint, as counting officers, persons that Officer considers suitable to assist a Returning Officer in the counting of votes.
(2) The Chief Electoral Officer must supply to each Returning Officer a list of the counting officers appointed to assist the Returning Officer.
(3) The Chief Electoral Officer must display the list of counting officers in a prominent place within the relevant counting station or stations.
(4) The Chief Electoral Officer may, at any time, with reasonable cause revoke the appointment of a counting officer. (L.N. 114 of 2006; L.N. 176 of 2006)

### 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》

66. Who may be present at counting of votes
(1) Subject to subsections (2) and (6), only the Chief Returning Officer (Subsectors), Returning Officer, Assistant Returning Officer and the following persons may be present at the counting of votes—
(a) counting officers;
(b) candidates;
(c) election agents and counting agents;
(d) members of the Commission;
(e) the Chief Electoral Officer;
(f) police officers on duty at the counting station;
(g) members of the Civil Aid Service on duty at the counting station;
(h) public officers authorized in writing by the Chief Electoral Officer; and
(i) persons authorized in writing by a member of the Commission.
(2) No other person may be present at the counting of votes except with the permission of—
(a) if the counting takes place at a counting zone of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of the counting zone; or
(b) if the counting takes place at a counting zone of a counting station that is not a central counting station, the Returning Officer who supervises the counting station.
(3) The Chief Returning Officer (Subsectors), and the Returning Officer in charge of the counting zone, are to ensure that the arrangements for the counting of votes at a counting zone of a central counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.
(4) The Returning Officer who supervises a counting station is to ensure that the arrangements for the counting of votes at a counting zone of the counting station are such that the candidates and their respective election agents or counting agents are able to observe how individual votes are counted.
(5) Only an election agent or counting agent regarding whom notice of appointment has been given under this Regulation may be present during the counting of votes at the counting zone. On arriving at the counting station, an election agent or counting agent must report in person to the Returning Officer and produce his or her identity card and a declaration of secrecy completed on the specified form by him or her. (L.N. 75 of 2011)
(6) The Chief Returning Officer (Subsectors) (in the case of a central counting station), or the Returning Officer who supervises the counting station (in the case of a counting station that is not a central counting station), may, if that Officer considers it appropriate and practicable without disrupting the counting of votes and prejudicing the secrecy of the individual votes, permit members of the public to observe the counting of votes from an area at the counting station set apart for that purpose by that Officer. The area is to be at such a distance from the place where the votes are being counted as that Officer considers appropriate.

### 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》

67. What constitutes offence at counting station
(1) A person who, during the relevant period, films or takes photographs or makes any audio or video recording within a counting zone of a counting station without the express permission of—
(a) (i) in the case of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of the counting zone; or
(ii) in the case of a counting station that is not a central counting station, the Returning Officer who supervises the counting station; or
(b) any member of the Commission,
commits an offence.
(2) In subsection (1), relevant period (有關期間) means, in relation to a counting zone, the period commencing from the time, determined under section 63, at which the counting of votes is to begin at the zone and ending upon the completion of the counting and re-count, if any, at the zone.
(3) A person who, at or in the vicinity of a counting station, behaves in a disorderly manner, or fails to comply with a lawful order given by—
(a) in the case of a central counting station, the Chief Returning Officer (Subsectors), or the Returning Officer in charge of a counting zone of the central counting station; or
(b) in the case of a counting station that is not a central counting station, the Returning Officer who supervises the counting station,
commits an offence.
(4) A person who commits an offence under this section is liable to a fine at level 2 and to imprisonment for 3 months.

### 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》

68. Returning Officers to keep order at counting station
(1) The Chief Returning Officer (Subsectors), and the Returning Officers in charge of a counting zone of a central counting station, must keep order at the central counting station.
(2) The Returning Officer who supervises a counting station must keep order at the counting station.
(3) If a person—
(a) misconducts himself or herself at or in the vicinity of—
(i) a central counting station, the Chief Returning Officer (Subsectors) may; or
(ii) a counting station that is not a central counting station, the Returning Officer who supervises the counting station may;
(b) at or in the vicinity of a counting station, fails to obey a lawful order of the Returning Officer—
(i) who supervises the counting station; or
(ii) in charge of a counting zone of the counting station,
that Officer may,
order the person to leave the counting station or the vicinity of the counting station, as the case may be, immediately.
(4) The Chief Returning Officer (Subsectors) or the Returning Officer who supervises a counting station may order a person to leave the counting station immediately if that Officer reasonably considers that, having regard to the conduct of the person, the person’s presence at the counting station is for a purpose other than that for which such presence is permitted or authorized.
(5) If a person fails to leave when ordered to do so under subsection (3) or (4), the person may be removed by a police officer or by a person authorized in writing by the Chief Returning Officer (Subsectors) or the Returning Officer, as may be appropriate.
(6) A person who is removed under subsection (5) may not enter the relevant counting station again on that day unless the Officer who ordered his or her removal permits him or her to do so.
(7) For the purpose of subsection (3) but without limiting it, a person misconducts himself or herself if the person disrupts the counting of votes at the counting station, or disturbs or causes inconvenience to any person in the counting station.

69. Ballot boxes to be delivered to counting station
A Presiding Officer must deliver or arrange to be delivered to the counting station designated for the counting of the votes cast at the subsector election concerned, the ballot boxes from that Officer’s polling station, together with the sealed packets under section 61 and the ballot paper account prepared by that Officer.