ELECTORAL AFFAIRS COMMISSION REPORT ON THE 2017 CHIEF EXECUTIVE ELECTION Submitted to the Honourable C Y Leung the Chief Executive of the Hong Kong Special Administrative Region of the People’s Republic of China 16 June 2017 i ABBREVIATIONS AMS Auxiliary Medical Service APIs Announcements in the Public Interest APROs Assistant Presiding Officers AR, ARs authorised representative, authorised representatives ARO, AROs Assistant Returning Officer, Assistant Returning Officers AWE AsiaWorld-Expo Cap. Chapter of the Laws of Hong Kong CAS Civil Aid Service CC Complaints Centre CCC Central Command Centre CCS Central Counting Station CCTV closed-circuit television CE Chief Executive CE Election Guidelines Guidelines on Election-related Activities in respect of the CE Election CEEO Chief Executive Election Ordinance (Cap. 569) CEO Chief Electoral Officer CMAB Constitutional and Mainland Affairs Bureau CSD Correctional Services Department CS, CSs Counting Supervisors DoJ Department of Justice ii DC, DCs District Council, District Councils DPRO, DPROs Deputy Presiding Officer, Deputy Presiding Officers DPSs Dedicated Polling Stations EAC Electoral Affairs Commission EAC (EP) (EC) Reg Electoral Affairs Commission (Electoral Procedure) (Election Committee) Regulation (Cap. 541I) EAC (NAC) (EC) Reg Electoral Affairs Commission (Nominations Advisory Committees (Election Committee)) Regulation (Cap. 541H) EAC (ROE) (FCSEC) Electoral Affairs Commission (Registration) Reg (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap. 541B) EA, EAs Election advertisement, election advertisements EACO Electoral Affairs Commission Ordinance (Cap. 541) EC Election Committee ECSS Election Committee Subsector ECSS Elections Guidelines on Election-related Activities in respect Guidelines of the ECSS Elections ECICO Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) EP (CEE) Reg Electoral Procedure (Chief Executive Election) Regulation (Cap. 541J) ERO Electoral Registration Officer FR final register FRTs Fast Response Teams iii FSD Fire Services Department GC, GCs Geographical Constituency, Geographical Constituencies HAD Home Affairs Department HKCEC Hong Kong Convention and Exhibition Centre HKPF Hong Kong Police Force ICAC Independent Commission Against Corruption IT Information Technology ITMU Information Technology Management Unit IR interim register ISD Information Services Department JCC Joint Co-ordination Centre JR judicial review KITEC Kowloonbay International Trade and Exhibition Centre LandsD Lands Department LEAs law enforcement agencies LegCo Legislative Council MTR Mass Transit Railway MC media centre NACs Nominations Advisory Committees NCZ, NCZs No Canvassing Zone, No Canvassing Zones NPC National People’s Congress NSZ, NSZs No Staying Zone, No Staying Zones iv OL omissions list OMR Optical Mark Recognition OPSs ordinary polling stations PCPD Office of the Privacy Commissioner for Personal Data PDPO Personal Data (Privacy) Ordinance (Cap. 486) PMP Privacy Management Programme PO, POs Polling Officer, Polling Officers PR provisional register PRO, PROs Presiding Officer, Presiding Officers Q-Table questionable ballot paper determination table REO Registration and Electoral Office RO, ROs Returning Officer, Returning Officers SCMA Secretary for Constitutional and Mainland Affairs SIC Statistical Information Centre VR voter registration VVCAS Voting Validation and Counting Automation System v CONTENTS Page PART ONE – PROLOGUE CHAPTER 1 INTRODUCTION 1 Section 1 The Office of the Fifth-term Chief Executive 1 Section 2 The Scope of the Report 1 CHAPTER 2 THE LEGISLATION AND THE GUIDELINES 3 Section 1 The Electoral Legislation 3 Section 2 Electoral Guidelines 13 Section 3 Changes after the Public Consultation 19 CHAPTER 3 THE ELECTION COMMITTEE 27 Section 1 The Election Committee and its Sectors and Subsectors 27 Section 2 Registration of Voters for the Election Committee 28 Subsectors Section 3 Publication of the Interim Register and the Final 29 Register of Members of the Election Committee Section 4 Voters Disqualified from Voting at the 2016 Election 30 Committee Subsector Ordinary Elections CHAPTER 4 THE VOTING SYSTEMS 33 Section 1 Election Committee Subsector Ordinary Elections 33 Section 2 Chief Executive Election 35 vi PART TWO – THE ELECTION COMMITTEE SUBSECTOR ORDINARY ELECTIONS CHAPTER 5 BEFORE THE POLLING DAY OF THE 37 ELECTION COMMITTEE SUBSECTOR ORDINARY ELECTIONS Section 1 Appointment of Nominations Advisory Committees 37 Section 2 Appointment of and Briefings for Returning Officers 37 and Assistant Returning Officers Section 3 Nomination of Candidates 38 Section 4 Briefings for Candidates 41 Section 5 Introduction to Candidates 42 Section 6 Polling and Counting Arrangements 43 CHAPTER 6 ON THE POLLING DAY OF THE ELECTION 57 COMMITTEE SUBSECTOR ORDINARY ELECTIONS Section 1 Command Centre and Support 57 Section 2 The Complaints Centre 59 Section 3 The Poll 59 Section 4 The Count 60 Section 5 The Results 61 Section 6 EAC Visits 61 PART THREE – THE CHIEF EXECUTIVE ELECTION Before the Polling Day – Chapters 7, 8 and 9 CHAPTER 7 PREPARATION FOR THE CHIEF EXECUTIVE 63 ELECTION Section 1 Appointment of Returning Officer and Assistant 63 Returning Officers Section 2 Briefing for Returning Officer and Assistant Returning 63 Officers vii Section 3 The Nomination Period 64 Section 4 Nomination Forms Received and their Validity 64 Section 5 Briefing for Candidates 64 CHAPTER 8 POLLING AND COUNTING ARRANGEMENTS 66 FOR THE CHIEF EXECUTIVE ELECTION Section 1 Recruitment of Polling/Counting Staff 66 Section 2 Training for Polling/Counting Staff 66 Section 3 Identifying Venue as Polling Stations 67 Section 4 Polling Arrangements 67 Section 5 Counting Arrangements 73 Section 6 Contingency Measures 74 CHAPTER 9 PUBLICITY FOR THE CHIEF EXECUTIVE 76 ELECTION Section 1 An Introductory Note 76 Section 2 The EAC and the Media 76 Section 3 Publicity Launched by Other Departments 77 On the Polling Day – Chapters 10, 11 and 12 CHAPTER 10 CO-ORDINATION AND SUPPORT FOR THE 78 CHIEF EXECUTIVE ELECTION ON THE POLLING DAY Section 1 Joint Co-ordination Centre and Other Functional Units 78 Section 2 The Complaints Centre 79 CHAPTER 11 THE POLL FOR THE CHIEF EXECUTIVE 80 ELECTION viii CHAPTER 12 THE COUNT FOR THE CHIEF EXECUTIVE 82 ELECTION Section 1 Set up of the Central Counting Station 82 Section 2 The Counting Arrangements 83 Section 3 Determination of Questionable Ballot Papers 84 Section 4 The Result of the Count 84 Section 5 EAC Visits 85 PART FOUR – HANDLING OF ELECTION-RELATED COMPLAINTS CHAPTER 13 THE COMPLAINTS 87 Section 1 A General View 87 Section 2 Election Committee Subsector Ordinary Elections 87 Section 3 Chief Executive Election 89 Section 4 Matters of Public and Media Attention 89 Section 5 Judicial Review 91 PART FIVE – RETROSPECTIVE VIEWS CHAPTER 14 REVIEW AND RECOMMENDATIONS 93 Section 1 A General Remark 93 Section 2 Review and Recommendations 93 CHAPTER 15 ACKNOWLEDGEMENT 133 PART SIX – EPILOGUE CHAPTER 16 LOOKING FORWARD 137 ix APPENDICES Appendix I : Number of Members for the Election Committee, 139 its Sectors and Subsectors Appendix II : 2016 Election Committee Subsector Ordinary 141 Elections – Breakdown of Voters for Election Committee Subsectors Appendix III : 2016 Election Committee Subsector Ordinary 142 Elections – Breakdown of Election Committee Members on the Final Register Appendix IV : 2016 Election Committee Subsector Ordinary 144 Elections – List of Returning Officers, Assistant Returning Officers and Assistant Returning Officers (Legal) Appendix V : 2016 Election Committee Subsector Ordinary 151 Elections – Breakdown of Validly Nominated Candidates Appendix VI : 2016 Election Committee Subsector Ordinary 152 Elections – Nominations for Religious Subsector Appendix VII : 2016 Election Committee Subsector Ordinary 154 Elections – Voter Turnout Rates Appendix VIII : 2016 Election Committee Subsector Ordinary 157 Elections – Summary of Ballot Papers that were Not Counted Appendix IX : 2016 Election Committee Subsector Ordinary 159 Elections – Results of Elections Appendix X : 2017 Chief Executive Election – Summary of 206 Ballot Papers x Appendix XI : 2016 Election Committee Subsector Ordinary Elections – (A) Breakdown of Complaint Cases Directly 207 Received from the Public During the Complaints-handling Period (B) Breakdown of Complaint Cases Directly 208 Received from the Public on the Polling Day Appendix XII : 2016 Election Committee Subsector Ordinary Elections – Outcome of Complaint Cases Investigated (A) By the Electoral Affairs Commission 209 (B) By the Returning Officers 210 (C) By the Police 211 (D) By the ICAC 212 Appendix XIII : 2017 Chief Executive Election – (A) Breakdown of Complaint Cases Directly 213 Received from the Public During the Complaints-handling Period (B) Breakdown of Complaint Cases Directly 214 Received from the Public on the Polling Day Appendix XIV : 2017 Chief Executive Election – Outcome of Complaint Cases Investigated (A) By the Electoral Affairs Commission 215 (B) By the Police 216 (C) By the ICAC 217 PART ONE PROLOGUE 1 CHAPTER 1 INTRODUCTION Section 1 – The Office of the Fifth-term Chief Executive 1.1 The term of office of the fourth-term Chief Executive (“CE”) expires on 30 June 2017. In accordance with the Basic Law and the Chief Executive Election Ordinance (Cap. 569) (“CEEO”), an election is required to be held to return a candidate for appointment by the Central People’s Government