Legislative Council election guidelines published

Friday, February 27, 1998


A set of all-embracing guidelines covering various aspects of the electoral law and matters of concern to electors and candidates for this year's Legislative Council elections will be issued tomorrow.

Details of how the elections will be conducted, rules on electioneering activities and various avenues for lodging complaints are spelt out.

The revised guidelines were drawn up by the Electoral Affairs Commission (EAC) following a public consultation exercise last December and the vetting of the EAC (Electoral Procedure) (Legislative Council) Regulation by the Provisional Legislative Council.

A total of 23 written representations were received and a public forum was held to listen to public views.

"All public views considered reasonable and practicable have been adopted," the Chairman of the Commission, Mr Justice Woo Kwok-hing, said at a press conference.

"One major modification to the proposed guidelines published last year concerns combined polling arrangements.

"All electors, except the 800 Election Committee members, may cast their votes at a polling station near their homes on May 24.

"All electors, including the 800 Election Committee members, and authorised representatives of bodies, will have to attend only one polling station to cast their votes, no matter whether they are entitled to one, two or three votes," he explained.

There will be about 500 polling stations located all over the territory. Four of these will be designated for Election Committee members.

"A new measure will be introduced to safeguard the secrecy of voting," Mr Justice Woo said.

An envelope will be given to electors to conceal their choice of candidates on ballot papers where the number of such ballot papers to be issued at a particular polling station is so few that the electors would be easily identifiable and their votes exposed.

These ballot papers will be taken out from the envelopes only after envelopes from two or more polling stations have been mixed together during the counting of votes.

In the Election Committee subsector elections on April 2, there will be four polling stations for the seven subsectors that do not have a corresponding functional constituency.

For each of the remaining 28 subsectors where elections will be held, one or more polling stations located at places convenient to voters will be designated. Again, voters may enjoy the convenience of the combined polling arrangements whereby they will have to attend only one polling station to cast their votes as electors and as authorised representatives.

Other major features of the guidelines are:

* Nomination of candidates

The nomination period for the subsector elections will run from March 13 to 20. For the Legislative Council general election, nomination will last from April 9 to 24.

Four Nominations Advisory Committees have been appointed by the EAC to give advice to prospective candidates and Returning Officers on eligibility for candidature.

A candidate, and in the case of a geographical constituency list, one of the candidates on the list, should submit his nomination paper in person to the relevant Returning Officer.

* Election advertisements

The Returning Officer of a constituency will allocate public spots to the candidates for displaying election advertisements with their mutual consent or by the drawing of lots after nomination closes.

No display of election advertisements will be allowed on any designated spots before the allocation.

Candidates are required to obtain written authorisation before putting up election advertisements. A copy of the authorisation and two samples or photographs of the publicity materials must be deposited with the Returning Officer for public inspection.

All election advertisements must be marked with serial numbers except a single sheet of paper not larger than A4 size bearing printing details, materials sent through the free postage service or by electronic means, and balloons.

With the impending nomination for the subsector elections, Mr Justice Woo urged political parties and individuals to remove all billboards in public places by March 7.

"After that date, any unauthorised advertisements will be promptly removed by relevant authorities, who may recover the cost of removal from the person concerned. If the removed materials are election advertisements, the cost of removal will be counted as election expenses," he said.

The person responsible may be prosecuted and if convicted may be liable to a fine of up to $5,000 and, where the offence is continuing, to an additional daily penalty of $150 for each day that the offence has continued.

* No canvassing zone

A "no canvassing zone" will be designated outside each polling station to ensure the free and safe passage for electors. A "no staying zone" will be designated immediately outside the entrance to a polling station to avoid obstruction of entry.

* Complaints procedure

Various avenues are available to lodge election-related complaints such as the Police, the Independent Commission Against Corruption, the Returning Officer of the relevant constituency, the Registration and Electoral Office and the EAC's Complaints Committee.

The Complaints Committee is made up of the three EAC members and a District Court Judge. The Registration and Electoral Office's complaint hotline 2827 2373 will come into service from March 13.

Mr Justice Woo appealed to owners and tenants of private premises, the media and schools to give fair and equal treatment to candidates in their electioneering.

"It is important that every one has fair access to the views of all candidates and that every candidate has a fair opportunity to express his views," he explained.

"The Commission may issue public censures in appropriate cases of non-compliance with the guidelines," he cautioned.

Mr Justice Woo called on owners' corporations to inform District Officers as soon as possible of their decisions on access to their buildings by candidates for electioneering.

If no notification is made after the nomination period, District Officers may assume that there is no objection to such access.

The guidelines will be available from tomorrow at the Registration and Electoral Office and all District Offices. Internet users may read the document on the home page of the Electoral Affairs Commission (http://www.info.gov.hk/eac).