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The following is issued on behalf of the Electoral Affairs Commission:
The Electoral Affairs Commission (EAC) today (May 11) released for public consultation the proposed guidelines on election-related activities in respect of the Election Committee Subsector (ECSS) Elections.
Speaking at a press conference today, the EAC Chairman, Mr Justice Barnabas Fung Wah, said, "The 2016 ECSS Ordinary Elections will be held on December 11. The EAC has drawn up a new set of proposed guidelines for the Ordinary Elections and by-elections to be held afterwards. The guidelines are now for public consultation for 30 days until June 9.
"The proposed guidelines have been prepared on the basis of the existing guidelines with suitable alterations to reflect the latest amendments made to the relevant electoral legislation and proposed amendments currently under scrutiny by the Legislative Council.
"In addition, changes include elaboration of certain parts to make them easier to understand, with most of the amendments seeking to align the content with the other electoral guidelines. Similar changes have also been incorporated in the guidelines for the District Council Election published in September last year and the proposed guidelines for the Legislative Council Election issued in March this year."
With regard to the need to comply with the legal requirements for publication of election advertisements on the Internet, Mr Justice Fung said views expressing concerns on it were received during the public consultation on the proposed guidelines for the Legislative Council Election earlier.
"After reviewing the content of the relevant parts in the guidelines, the EAC considers that it is necessary to clarify that the provision specifying what would constitute an election advertisement is indeed stipulated in the law.
"The existing definition of election advertisement, as stipulated in section 2 of the Elections (Corrupt and Illegal Conduct) Ordinance, is very wide. It encompasses any material or message published publicly by any means for the purpose of promoting or prejudicing the election of a candidate or candidates at an election. The legal definition has all along been there and has not been amended. Therefore, any message published through the Internet to promote or prejudice the election of any candidate would constitute an election advertisement under the law.
"I understand the concerns of the public about it. However, if members of the public merely share or forward candidates' election campaigns through Internet platforms for expression of views and do not intend to promote or prejudice the elections of any candidates, such sharing or forwarding will not normally be construed as publishing election advertisements," Mr Justice Fung said.
The proposed guidelines also updated the constituents of the Election Committee subsectors. Implementation will be subject to the passage of the proposed legislative amendments in the Legislative Council.
Changes to other chapters of the proposed guidelines include updating the arrangements for voter registration, reminding candidates to adopt measures to safeguard the privacy of voters and the media to observe the principle of fair and equal treatment to all candidates, and updating the administrative measures pertaining to the conduct of exit polls.
Written representations can be sent to the Commission's Secretariat by post to 10/F, Harbour Centre, 25 Harbour Road, Wan Chai; by fax to 2511 1682; or by email to eacenq@reo.gov.hk before the deadline. Late submissions will not be considered.
A public forum will be held from 7.30pm to 9pm on May 24 at Shek Kip Mei Community Hall, Block 42, Shek Kip Mei Estate, Nam Cheong Street, Kowloon. Members of the public are invited to attend to express their views.
The proposed guidelines can be downloaded from the EAC website (www.eac.gov.hk). They are also available at the Registration and Electoral Office and the Public Enquiry Service Centres of the District Offices.
For enquiries, please call 2891 1001.
Ends/Wednesday, May 11, 2016
Issued at HKT 17:48
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