The following is issued on behalf of the Electoral Affairs Commission:

     The Chairman of the Electoral Affairs Commission, Mr Justice David Lok, conducted a briefing for the candidates of the 2025 Election Committee Subsector (ECSS) By-elections tonight (August 18) on the electoral arrangements, the guidelines on election-related activities and important points to note in running their election campaigns to ensure that the By-elections will be conducted in an open, honest and fair manner.

     Mr Justice Lok said at the briefing, "The nomination period for the ECSS By-elections closed on August 4. The Candidate Eligibility Review Committee has published the notices in the Gazette earlier with the names of 100 validly nominated candidates, as well as the names of 10 validly nominated nominees as Election Committee members."

     Mr Justice Lok said that for the By-elections, there are six contested subsectors, involving 28 candidates, who will contest in the ECSS By-elections to be held on September 7 for 21 seats. The Returning Officers (ROs) have determined the order of the names of candidates appearing on a ballot paper by drawing lots on August 12. The candidate numbers for the candidates concerned to be printed on ballot papers are listed on the Gazette notices published on August 12.

     At the briefing, Mr Justice Lok highlighted the arrangements and points to note of the By-elections that are related to the candidates.

No canvassing zone and no staying zone

     On the polling day, a certain area outside each polling station will be designated as a no canvassing zone to ensure that voters can gain access to the polling stations without interference. A no staying zone will also be designated outside the entrance and exit of a polling station. No one is allowed to stay in the no staying zone or be allowed to canvass for votes or conduct "de-facto canvassing" such as making hand gestures and greetings in the no canvassing zone.

     The presiding officer will request the person who has committed such prohibited acts within these zones to leave. If the person concerned refuses to abide by the order, he or she may be evicted by enforcement officers or authorised persons.

Central counting

     Central counting will be adopted for the By-elections. Once the poll is closed, the ballot boxes will be delivered to the central counting station at the Hong Kong Convention and Exhibition Centre. The ROs will supervise the counting process with the assistance of Assistant ROs and counting staff. Questionable ballot papers will be determined by the ROs on site, and their determination will be final. Any objection raised against the ROs' determination will be filed in record, and the candidates may make an appeal in accordance with legal procedures.

     Video-recording facilities will be installed at the central counting station. Candidates, election agents and counting agents may enter the central counting station and observe the count at designated areas of the counting zone. Members of the public and media may also enter the central counting station to observe the count, but they are not allowed to enter the counting zone. A notice setting out the maximum capacity of the public area will be displayed outside the central counting station.

Announcement of election results

     Once the counting of votes is completed and verified by the Statistical Information Centre, the RO will make known the counting results to the candidates and their agents present at the desk for determination of questionable ballot papers at the central counting station. If none of the candidates or agents present request a recount of votes, the RO will thereupon announce the election results. If, according to the counting result, there remain vacancies to be filled and the remaining candidates with the highest number of votes have an equal number of votes, the RO shall determine the result of the election by drawing lots in accordance with the legislation. Later that evening, the elected candidates will be invited to receive applause on stage of the Media Centre.

     The election results will be displayed outside the central counting station and published via press releases and the election website (www.elections.gov.hk).

Digitalisation of election forms

     Electronic copies are introduced for most election forms for the By-elections. Candidates may submit the relevant election forms via the REO e-Form Upload Platform and the Central Platform for Election Advertisements. However, some of the forms, such as the Return and Declaration of Election Expenses and Election Donations (Election Return), or forms with statutory declaration, are still required under the existing laws or other requirements to be submitted in paper form.

     Mr Justice Lok reminded the candidates that once the electronic forms are submitted through the platforms concerned, notifications of confirmation will be issued by the respective platforms via email or mobile phone SMS message. With the receipt of the notifications, there is no need to submit the forms using other means again.

Election expenses and donations

     The law stipulates that election expenses are the expenses used for the purpose of promoting or prejudicing the election of a candidate. Only candidates and their election expense agents may incur election expenses, otherwise it is an illegal conduct.

     To ensure candidates are contesting on a level playing field, a maximum limit of election expenses is set for each subsector: the maximum amount of election expenses for a candidate belonging to a subsector with the number of voters fewer than 500 is $100,000, while that for a candidate belonging to a subsector with the number of voters ranging from 501 to 5 000 is $160,000. It is an offence for a candidate to incur election expenses in excess of the prescribed maximum limit.

     Mr Justice Lok reminded the candidates that the election donations received can only be used for the By-elections. If there are unspent or unused election donations after the By-elections, the unspent or unused portion of the donations must be given to a charitable institution or trust of a public character. In addition, candidates are required by law to submit an Election Return within 30 days after the gazettal of the election results to declare all election expenses incurred by the candidate and his/her election expense agents, as well as all election donations received.

Election advertisements

     If the name, logo or a pictorial representation of a person or an organisation appears in the election advertisement of a candidate as an indication of support from that person or organisation, the candidate must obtain the written consent from that person or organisation before the publication of the election advertisement. Candidates must upload the electronic copies of the election advertisements and the permission, consent of support, etc, onto the REO's Central Platform or the candidate's platform for public inspection within three working days after the publication of the election advertisements. Candidates may also submit the relevant materials to the ROs. It is an offence if a candidate fails to comply with the requirement.
 
     At the briefing, a representative from the Independent Commission Against Corruption also briefed the candidates about the Elections (Corrupt and Illegal Conduct) Ordinance to enhance their understanding of the acts that may constitute corrupt or illegal conducts, whereas a representative from Hongkong Post provided to the candidates a brief overview of the arrangements for free postage service for election mail.
 
     Information on the By-elections is available on the election website (www.elections.gov.hk). The video of the candidate briefing will also be uploaded to the election website and the YouTube channel of RTHK (www.youtube.com/@RTHK) later (search "2025 Election Committee Subsector By-elections Briefing Session for Candidates" to watch).

Ends/Monday, August 18, 2025
Issued at HKT 21:35

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