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Guidelines on ECSE(Full Version)

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Guidelines on ECSE(Full Version) IMPORTANT 1. The Guidelines come into operation on 23 September 2016. Subject to any subsequent revisions, they apply to all ordinary elections and by-elections of the Election Committee subsectors to be held after publication. 2. The law stated in the Guidelines is that prevailing as at the date of publication. 3. All specified forms referred to in the Guidelines are obtainable from the Registration and Electoral Office (tel: 2891 1001; fax: 2891 1180; e-mail: [email protected]) and its website at http://www.reo.gov.hk. 4. Electioneering, campaigning and canvassing activities referred to in the Guidelines include any positive and negative campaigning conducted for the purpose of promoting or prejudicing the election of a candidate or candidates at the election. 5. In the event that future amendments to the Guidelines are necessary, the updated Guidelines will be made available at the website of the Electoral Affairs Commission at http://www.eac.gov.hk. 2016 ELECTION COMMITTEE SUBSECTOR ORDINARY ELECTIONS Key Information (1) Polling Date : 11 December 2016 (Sunday) (2) Polling Hours : 7:30 am to 10:30 pm (3) Deadline to submit : 7 November 2016 Application for Nominations Advisory Committee’s Service by Candidates (4) Nomination Period of : 8 to 14 November 2016 Candidature (5) Chairman’s Briefing for : 17 and 18 November 2016 Candidates (6) Maximum Scale of Election : Please refer to paragraph 16.10 of the Expenses Guidelines (7) Deadline to remove all : Not later than 21 December 2016 Election Advertisements on display (8) Submission of Return and : Not later than 14 January 2017* Declaration of Election (including contested and uncontested candidates) Expenses and Donations by Candidates (9) Deadline to lodge Appeal : Not later than 22 December 2016* against Result of Election (if uncontested, not later than 29 November 2016%) * Assuming that the election result is published in the Gazette on 15 December 2016 % Assuming that the election result is published in the Gazette on 22 November 2016 i ABBREVIATIONS AR, ARs authorised representative, authorised representatives ARO, AROs Assistant Returning Officer, Assistant Returning Officers BO Buildings Ordinance (Cap 123) Candidate’s Platform open platform maintained by the candidate or a person authorised by the candidate Cap Chapter of the Laws of Hong Kong CAS Civil Aid Service CE Chief Executive CEEO Chief Executive Election Ordinance (Cap 569) CEO Chief Electoral Officer Central Platform open platform maintained by the Chief Electoral Officer or a person authorised by the Chief Electoral Officer CFI Court of First Instance CPPCC Chinese People’s Political Consultative Conference CRO Chief Returning Officer CSD Correctional Services Department DC, DCs District Council, District Councils DCO District Councils Ordinance (Cap 547) DLO, DLOs District Lands Office, District Lands Offices DO, DOs District Office, District Offices EA, EAs election advertisement, election advertisements ii 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) Reg Electoral Affairs Commission (Registration) (Electors for Legislative Council Functional Constituencies) (Voters for Election Committee Subsectors) (Members of Election Committee) Regulation (Cap 541B) EACO Electoral Affairs Commission Ordinance (Cap 541) EC Election Committee EC (Appeals) Reg Election Committee (Appeals) Regulation (Cap 569A) ECICO Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) EC Subscribers & Deposit Reg Election Committee (Subscribers and Election Deposit for Nomination) Regulation (Cap 569C) election ordinary election or by-election as appropriate election return return and declaration of election expenses and election donations ERO Electoral Registration Officer FC, FCs functional constituency, functional constituencies FR final register GC geographical constituency iii HYK Heung Yee Kuk ICAC Independent Commission Against Corruption IR interim register LCO Legislative Council Ordinance (Cap 542) LegCo Legislative Council MAC mutual aid committee NAC, NACs Nominations Advisory Committee, Nominations Advisory Committees NCZ, NCZs no canvassing zone, no canvassing zones NPC National People’s Congress NSZ no staying zone OPCPD Office of the Privacy Commissioner for Personal Data OVIES Online Voter Information Enquiry System para., paras. paragraph, paragraphs PD (P) O Personal Data (Privacy) Ordinance (Cap 486) PHMSO Public Health and Municipal Services Ordinance (Cap 132) POBO Prevention of Bribery Ordinance (Cap 201) POO Public Order Ordinance (Cap 245) PR provisional register PRO, PROs Presiding Officer, Presiding Officers REO Registration and Electoral Office RO, ROs Returning Officer, Returning Officers RR Rural Representative iv RREO Rural Representative Election Ordinance (Cap 576) RTO Road Traffic Ordinance (Cap 374) S, s, Ss, ss section, sections TD Transport Department v CONTENTS Page CHAPTER 1 INTRODUCTION 1 Part I : The Election Committee and the Subsector Elections 1 Part II : The Guidelines 4 Part III : Sanction 5 CHAPTER 2 COMPOSITION OF THE ELECTION 7 COMMITTEE Part I : The Sectors and Subsectors 7 Part II : Compilation of Interim Register and Final Register of 9 EC Members after the Conduct of an EC Subsector Ordinary Election Part III : Compilation of Provisional Register and Final Register 10 of EC Members for EC Subsector By-election CHAPTER 3 REGISTRATION OF VOTERS AND VOTING 14 SYSTEM Part I : General 14 Part II : Registration of Voters for Subsectors 14 Part III : The Voting System for Subsector Elections 23 CHAPTER 4 NOMINATION OF CANDIDATES 27 Part I : Eligibility and Disqualification for Nomination 27 Part II : Nominations Advisory Committees 29 Part III : When and How to Nominate 33 vi Part IV : Election Deposit 37 Part V : Validity of Nominations 39 Part VI : Withdrawal of Candidature 42 Part VII : Notice of Valid Nominations 42 Part VIII : Candidates’ Briefing and Introduction to Candidates 43 CHAPTER 5 POLLING AND COUNTING ARRANGEMENTS 45 Part I : Before the Poll 45 Part II : Outside the Polling Station 47 Part III : Commencement of Polling 49 Part IV : Admission to the Polling Station 51 Part V : Conduct inside the Polling Station 54 Part VI : Close of Poll 65 Part VII : The Count 66 Part VIII : Declaration of Result 74 Part IX : Disposal of Documents 74 CHAPTER 6 APPEALS 76 Part I : Appeals Against Result of an Election 76 Part II : Appeals in relation to Registration of Nominees of 77 Religious Subsector declared by the RO as Members of the EC Part III : Hearing of Appeal and Ruling of Revising Officer 78 vii CHAPTER 7 APPOINTMENT AND ROLES OF ELECTION 79 AGENT, ELECTION EXPENSE AGENTS, POLLING AGENTS AND COUNTING AGENTS Part I : General 79 Part II : Types and Numbers of Agents 79 Part III : Qualifications of Agents 80 Part IV : Civil Servants Acting as Agents 81 Part V : Election Agent 81 Part VI : Election Expense Agents 86 Part VII : Polling Agents 89 Part VIII : Counting Agents 102 CHAPTER 8 ELECTION ADVERTISEMENTS 106 Part I : What Constitutes an Election Advertisement 106 Part II : Period and Area of Display 113 Part III : Allocation of Designated Spots 118 Part IV : Conditions and Limitations on Display 121 Part V : Application for Temporary Occupation of Government 124 Land at Public Place for Holding Electioneering Activities Part VI : Requirements Relating to Publication of Election 125 Advertisements Part VII : Requirements relating to Printed Election Materials 129 Part VIII : Non-Compliance and Consequences 130 Part IX : Advertisements of Political, Professional/Trade Bodies 132 or Other Organisations viii Part X : Free Postage for Election Advertisements 134 Part XI : Election Advertisements for Registered Voters and 143 Authorised Representatives in the Custody of CSD and Other Law Enforcement Agencies CHAPTER 9 ELECTIONEERING ACTIVITIES AT 145 PREMISES OR BUILDINGS WHERE VOTERS/ARs RESIDE, WORK OR FREQUENT Part I : General 145 Part II : Guidelines to be Observed by Candidates in the 147 Conduct of Electioneering Activities Part III : Guidelines to be Observed by Owners, Management 152 and Organisations for Handling Applications for Conduct of Electioneering Activities on the Premises within Their Jurisdiction Part IV : Conduct of Electioneering Activities in Premises 157 under the Management of Housing Department and Hong Kong Housing Society Part V : Sanction 157 CHAPTER 10 ELECTION MEETINGS 158 Part I : General 158 Part II : Election Meetings in Public Places 159 Part III : Election Meetings at Private Premises 166 Part IV : Electioneering Exhibitions 166 Part V : Fund Raising Activities at Election Meetings 167 ix CHAPTER 11 ELECTION BROADCASTING, MEDIA 168 REPORTING AND ELECTION FORUMS Part I : General 168 Part II : Electioneering on Television and Radio 168 Part III : Advertising through the Print Media 174 Part IV : Election Forums 176 Part V : Sanction 177 CHAPTER 12 USE OF SOUND AMPLIFYING DEVICE AND 178 VEHICLES Part I : General 178 Part II : Use of Loudspeakers and Vehicles 178 Part III : Sanction 182 CHAPTER 13 ELECTIONEERING ACTIVITIES CONDUCTED 183 IN SCHOOLS OR PARTICIPATED BY SCHOOL PUPILS Part I : General 183 Part II : School Pupils 183 Part III : Electioneering Activities in Schools 185 Part IV : Sanction 186 CHAPTER 14 PROHIBITION AGAINST CANVASSING 187 ACTIVITIES OUTSIDE POLLING STATIONS Part I : General
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