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The following is issued on behalf of the Electoral Affairs Commission:
The set of guidelines regulating activities in respect of Election Committee subsector elections comes into operation today (December 5) as the first stage of the election period leading to the 2002 Chief Executive election is about to begin next Friday (December 14).
Speaking at a press conference, the Chairman of the Electoral Affairs Commission, Mr Justice Woo Kwok-hing, announced that nominations for candidature to fill four seats on the Election Committee would be open from 9 am on December 14 to 5 pm on December 20.
The four vacancies arise from the resignation of a member each in the Legal, Architectural, Surveying and Planning and Finance subsectors, and the death of a member in the Heung Yee Kuk subsector.
"We have to hold by-elections on Sunday, January 6 next year to fill these four vacancies in order to bring the number of Election Committee members as close to 800 as possible before they elect the Chief Executive in March," he said.
The final register of voters for subsectors will be published next Tuesday (December 11). Latest information shows that about 8,200 registered voters from the four subsectors may vote in the by-elections. The breakdown of the electorate is: Legal (4,033), Architectural, Surveying and Planning (3,908), Finance (149) and Heung Yee Kuk (138).
A registered geographical constituency elector who is also a registered voter in the subsector concerned or has a substantial connection with that subsector is eligible to run for a seat.
"The nomination procedure is simple. A candidate needs to have his nomination subscribed by at least five voters of the subsector concerned and pay a deposit of $1,000 when submitting a nomination form to the Returning Officer," Mr Justice Woo said.
Nomination forms are available at the Registration and Electoral Office on the 10/F, Harbour Centre, 25 Harbour Road, Wan Chai and the website, www.info.gov.hk/reo.
Outlining the new provisions of the guidelines, he said they covered various aspects of electoral activities, including arrangements for polling and the counting of votes as well as canvassing activities.
Four polling stations will be set up on January 6. Voters may vote at any one of the four polling stations and will be provided with a chop with a "tick" sign to mark their choice of one candidate on a ballot paper.
"In the recent Legislative Council by-election in September, polling began at 7.30 am and ended at 7.30 pm, three hours earlier than the usual closing time of 10.30 pm. We would adopt the same practice this time so that the count can start early. Everybody should be happy to see election results come out early," he said.
All ballot papers will be delivered from the four polling stations to the central counting station at the Hong Kong Convention and Exhibition Centre for manual counting.
Several new rules are introduced to ensure that electioneering activities are conducted fairly and honestly. There is a new chapter dealing with the attendance of public functions jointly by government officials and candidates.
"We feel that the publication of a photograph of a government official taken with a candidate may be seen as giving free publicity to that candidate and as the official supporting the candidate. For fairness' sake, we ask government officials not to take photographs with a candidate at a public function. We also advise candidates not to do so to avoid being seen as making use of the occasion to promote himself," he said.
The Commission may exercise its discretion to relax the restrictions on the photograph-taking with reference to one or more of the following circumstances:
* It arises from the need for a government official to perform his official duty or for a candidate to perform his role at the function as requested by the organiser;
* It is a natural part of the function, which must be carried out in accordance with the protocol appropriate to that function; or
* It is participated by all other candidates of the same subsector.
"My advice to government officials is: exercise care in handling invitations to attend public functions after the nomination exercise begins next Friday or when any person has publicly declared an intention to run for the by-elections, and make every effort to avoid giving undue publicity to a candidate inadvertently," he said.
As regards civil servants taking part in electioneering activities, the guidelines stipulate that Directorate Officers, Administrative Officers, Police Officers and Information Officers should not openly support any candidate or be seen to support a candidate to avoid any conflict of interest.
Other than these four groups of officers, individual civil servants may support electioneering activities or even act as an agent for a candidate provided that there is no conflict of interest with their official duties. Civil servants are advised not to act as an agent for a candidate if they work in the subsector concerned or have extensive contacts with people in that subsector.
"During the public consultation exercise on the proposed guidelines, we heard public views expressing concern about the possibility that public officers may use public resources in electioneering activities," Mr Justice Woo said.
"To allay their worry, a new provision is made asking candidates not to use any public resources in electioneering activities. The guidelines also explicitly spell out that civil servants should neither use public resources nor wear a government uniform when they assist in electioneering activities in order to avoid being seen as supporting a candidate in their official capacity," he said.
The Commission appealed to voters and the management bodies of concerned organisations and buildings, including government offices, to treat candidates' requests to enter the homes and work places of voters fairly and equally.
Some provisions about the role of the media during the election period are refined and made clearer. In making the rules, the Commission attempted to strike a fair and reasonable balance between freedom of expression and fairness to every candidate, he explained.
During the election period, broadcasters are urged to adopt the "equal time" principle when inviting candidates to attend election-related programmes, that is, every candidate running in the same subsector should be given an equal opportunity on the air to get exposure.
Television and radio programmes can freely comment on candidates based on true facts provided that they are treated fairly and equally and that no unfair advantage may result towards any candidate over another.
While the Commission appealed to forum organisers to invite all candidates of the same subsector to attend an election forum, it also urged all candidates to use their best endeavours to take part in a forum in order to inform voters and the public of their platforms.
There are also some chapters in the guidelines explaining key provisions of the Elections (Corrupt and Illegal Conduct) Ordinance. For example, a candidate is not allowed to incur election expenses exceeding a ceiling. For the Heung Yee Kuk subsector, the ceiling is $100,000 while the ceiling for the Legal, Architectural, Surveying and Planning and Finance subsectors is $160,000.
Copies of the Guidelines on Election-related Activities in respect of the Election Committee Subsector Elections are available at the District Offices and the Registration and Electoral Office on the 10/F, Harbour Centre, 25 Harbour Road, Wan Chai. The full text may be downloaded from the website, www.info.gov.hk/eac.
End/Wednesday, December 5, 2001
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