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The following is issued on behalf of the Electoral Affairs Commission:
Two Mutual Aid Committees (MACs) in Tai Wai Constituency of Sha Tin District were publicly censured by the Electoral Affairs Commission today (November 5) for breaching the Guidelines on Election-related Activities in respect of the District Council Election (the Guidelines).
They are the Mei Tao House MAC and the Mei Fung House MAC of Mei Lam Estate.
The Returning Officer of Tai Wai Constituency reported to the Commission that a complaint was received from Mr Leung Wing-hung, a candidate of the constituency, alleging that these two MACs had treated him unfairly and unequally by not considering his request for displaying his election advertisement at each of the MAC's office. However, the other candidate of the same constituency, Ms Tung Kin-lei, is allowed to do so.
Investigations conducted by the Returning Officer revealed that the two MACs had performed the alleged acts. The Chairman of the Mei Fung House MAC explained that Ms Tung had paid a visit to the MAC and made an application for display of an election advertisement at the MAC's office. The MAC then approved Ms Tung's application. Mr Leung had not informed the MAC in advance of his request to display his election advertisement at the MAC's office and his letter making the request was not a formal one as it was not put in an envelope.
As to why the Mei Tao House MAC did not process Mr Leung's request, its Chairman explained that the MAC had agreed at an earlier meeting that approval be given for the display of Ms Tung's election advertisement at the MAC's office. As such, the MAC would not consider Mr Leung's request.
Although the staff of the Returning Officer had subsequently advised the two MACs that they were required to observe the Guidelines to provide fair and equal treatment to both candidates, the two MACs refused to take any rectification action. Based on the investigation findings, the Returning Officer found the complaint substantiated.
Before considering publishing a censure against these two MACs, the Commission invited them to make written representations as to why the censure should not be made. In its representation to the Commission, the Mei Tao House MAC stated that Mr Leung had only put forth his request for displaying election advertisements at the MAC's office on October 16. His letter was left in the mail box of the MAC and was not put in an envelope. The MAC did not process the request as there was not adequate time for the MAC to convene a meeting to consider it. The Mei Fung House MAC did not make any representation to the Commission.
As Ms Tung may have been given unfair advantage over the other candidate in the same constituency, thus breaching paragraph 8.42 of the Guidelines, she has been invited to make a representation. In her representations to the Commission, Ms Tung explained that she had no knowledge as to whether the other candidate had made the same request for display of election advertisements with the two MACs or whether the two MACs had accepted any request from the other candidate.
"The Complaints Committee of the Commission has carefully examined the investigation findings from the Returning Officer and the representations made by the Mei Tao House MAC. Evidence showed that both MACs had provided unfair and unequal treatment to candidates of the constituency, thus violating paragraph 8.30 of the Guidelines. On the other hand, there is no evidence to suggest that Ms Tung had knowingly accepted an unfair advantage as she was not aware that Mr Leung had been refused to display election advertisements at these two MAC's office,กจ a Commission spokesman said.
A letter was issued by the Commission Chairman to all chairmen of Owners' Corporations, Owners' Committees and MACs in Hong Kong on September 6, announcing the publication of the Guidelines for the 2011 District Council Election and appealing to them to provide equal opportunity to all candidates competing in the same constituency for the purpose of electioneering.
"To the disappointment of the Commission, in spite of the appeal made by the Commission Chairman and the advice given by the Returning Officer as mentioned above, the two MACs still blatantly breached the Guidelines and slighted the importance of a fair election. The breach is not excusable. The Commission strongly deplores their acts. They must be publicly censured to uphold the fairness of an election," the spokesman said.
The Commission reminded all relevant organisations and management bodies of the buildings of the need to provide equal opportunity to all candidates competing in the same constituency for the purpose of electioneering, as set out in chapter 8 of the Guidelines. Candidates should refrain from accepting unfair advantage over other candidates in the same constituency even though such may be ready on offer by an organisation or a building.
Ends/Saturday, November 5, 2011
Issued at HKT 20:09
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