Guidelines on Election-Related Activities in Respect of Village Representative Elections

ABBREVIATIONS ARO, AROs Assistant Returning Officer, Assistant Returning Officers Cap Chapter of the Laws of Hong Kong CE Chief Executive CEEO Chief Executive Election Ordinance (Cap 569) CEO Chief Electoral Officer CIV, CIVs Composite Indigenous Village, Composite Indigenous Villages CSD Correctional Services Department CCS Commissioner of Correctional Services DC, DCs District Council, District Councils DCO District Councils Ordinance (Cap 547) DHA Director of Home Affairs ECICO Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) election ordinary election or by-election as appropriate EAC Electoral Affairs Commission EACO Electoral Affairs Commission Ordinance (Cap 541) EAC (ROE) (VRE) Reg Electoral Affairs Commission (Registration of Electors) (Village Representative Election) Regulation EP (VRE) Reg Electoral Procedure (Village Representative Election) Regulation i ERO Electoral Registration Officer EV, EVs Existing Village, Existing Villages FR final register HAD Home Affairs Department ICAC Independent Commission Against Corruption IIR, IIRs Indigenous Inhabitant Representative, Indigenous Inhabitant Representatives IV, IVs Indigenous Village, Indigenous Villages LCO Legislative Council Ordinance (Cap 542) LegCo Legislative Council NCZ, NCZs no canvassing zone, no canvassing zones NSZ no staying zone para., paras. paragraph, paragraphs PR provisional register printing details name and address of printer, date of printing and number of copies printed PRO Presiding Officer registration deadline deadline for registration of electors for inclusion in the final register to be specified under the EAC (ROE) (VRE) Reg. RR Resident Representative, Resident Representatives REO Registration and Electoral Office RO, ROs Returning Officer, Returning Officers S, s, Ss, ss Section, sections SHA Secretary for Home Affairs ii Village an Existing Village, an Indigenous Village or a Composite Indigenous Village VR, VRs Village Representative, Village Representatives VRE Ord Village Representative Election Ordinance (Cap 576) iii CONTENTS Page PROLOGUE 1 CHAPTER 1 GENERAL INFORMATION 3 PART I : GENERAL 3 PART II : TYPES AND NUMBERS OF VILLAGES AND VILLAGE 4 REPRESENTATIVES PART III : ELIGIBILITY TO VOTE 6 PART IV : WHEN THE VILLAGE REPRESENTATIVE ELECTION 11 WILL BE HELD PART V : VOTING SYSTEM 11 PART VI : NOMINATION OF CANDIDATES 13 PART VII : ELECTION CAMPAIGNING 14 PART VIII : THE POLL 15 PART IX : SORTING OF BALLOT PAPERS 25.1 PART X : THE COUNT 25.3 PART XI : DISPOSAL OF DOCUMENTS 25.7 CHAPTER 2 NOMINATION OF CANDIDATES 26 PART I : QUALIFICATION AND DISQUALIFICATION FOR 26 NOMINATION PART II : WHEN AND HOW TO NOMINATE 28 PART III : VALIDITY OF NOMINATION PAPERS 30 PART IV : WITHDRAWAL FROM CANDIDATURE 31 PART V : NOTICE OF NOMINATION 31 PART VI : INTRODUCTORY LEAFLET AND PHOTOGRAPHS 32 CHAPTER 3 APPOINTMENT AND ROLES OF ELECTION 33 AGENT, ELECTION EXPENSE AGENTS, POLLING AGENTS AND COUNTING AGENTS PART I : GENERAL 33 PART II : THE ELECTION AGENT 34 iv PART III : ELECTION EXPENSE AGENTS 37 PART IV : POLLING AGENTS 39 PART V : COUNTING AGENTS 46 CHAPTER 4 ELECTION ADVERTISEMENTS 48 PART I : GENERAL 48 PART II : PERIOD AND AREA OF DISPLAY 51 PART III : ALLOCATION OF DESIGNATED SPOTS 54 PART IV : CONDITIONS AND LIMITATIONS ON DISPLAY 56 PART V : SERIAL NUMBERING, DECLARATIONS AND COPIES 58 PART VI : REQUIREMENTS RELATING TO PRINTED ELECTION 62 ADVERTISEMENTS PART VII : NON-COMPLIANCE AND CONSEQUENCES 62 PART VIII : ADVERTISEMENTS OF POLITICAL, 64 PROFESSIONAL/TRADE BODIES OR OTHER ORGANISATIONS PART IX : POSTING ELECTION ADVERTISEMENTS 65 PART X : ELECTION ADVERTISEMENTS FOR REGISTERED 65 ELECTORS IN THE CUSTODY OF CSD AND OTHER LAW ENFORCEMENT AGENCIES CHAPTER 5 ELECTION MEETINGS 66 PART I : GENERAL 66 PART II : ELECTION MEETINGS IN PUBLIC PLACES 67 PART III : ELECTION MEETINGS IN PRIVATE PREMISES 71 PART IV : MOBILE EXHIBITIONS 71 PART V : FUND-RAISING ACTIVITIES AT ELECTION MEETINGS 72 CHAPTER 6 ELECTION BROADCASTING, MEDIA 73 REPORTING AND ELECTION FORUMS PART I : GENERAL 73 PART II : ELECTIONEERING ON TV AND RADIO 73 PART III : ADVERTISING THROUGH THE PRINT MEDIA 75 PART IV : ELECTION FORUMS 76 v PART V : SANCTION 77 CHAPTER 7 USE OF SOUND AMPLIFYING DEVICE AND 78 VEHICLES PART I : GENERAL 78 PART II : USE OF LOUDSPEAKERS AND VEHICLES 78 CHAPTER 8 ELECTIONEERING AT THE LIVING OR 81 WORKING PLACES OF ELECTORS, PREMISES OF ORGANISATIONS TO WHICH ELECTORS BELONG AND BUILDINGS WHICH ELECTORS FREQUENT PART I : GENERAL 81 PART IA : RIGHTS OF TENANTS AND OWNERS 82 PART II : GUIDELINES TO BE OBSERVED BY CANDIDATES IN 83 THE CONDUCT OF ELECTIONEERING ACTIVITIES PART III : GUIDELINES TO BE OBSERVED BY OWNERS, 86 MANAGEMENT AND ORGANISATIONS FOR HANDLING APPLICATIONS FOR CONDUCT OF ELECTIONEERING ACTIVITIES ON THE PREMISES WITHIN THEIR JURISDICTION PART IV : CONDUCT OF ELECTIONEERING ACTIVITIES IN 90 PREMISES UNDER THE MANAGEMENT OF HOUSING DEPARTMENT AND HONG KONG HOUSING SOCIETY PART V : SANCTION 91 CHAPTER 9 ELECTIONEERING ACTIVITIES CONDUCTED 92 IN SCHOOLS OR PARTICIPATED BY SCHOOL STUDENTS PART I : GENERAL 92 PART II : SCHOOL PUPILS 92 PART III : ELECTIONEERING ACTIVITIES IN SCHOOLS 93 PART IV : SANCTION 94 vi CHAPTER 10 PROHIBITION AGAINST CANVASSING 95 ACTIVITIES OUTSIDE POLLING STATIONS PART I : GENERAL 95 PART II : DECLARATION OF A NCZ AND NSZ 95 PART III : CONDUCT INSIDE THE NCZ AND NSZ 96 PART IV : PENALTY 98 CHAPTER 11 EXIT POLL 99 PART I : GENERAL 99 PART II : CONDUCT OF EXIT POLLS 99 PART III : SECRECY OF THE VOTE 100 PART IV : IDENTIFICATION OF INTERVIEWERS 101 PART V : SANCTION 101 CHAPTER 12 ELECTION EXPENSES AND DONATIONS 102 PART I : WHAT CONSTITUTES ELECTION EXPENSES 102 PART II : WHO MAY INCUR ELECTION EXPENSES AND THEIR 104 LIMIT PART III : DONATIONS 105 PART IV : RETURN AND DECLARATION OF ELECTION 107 EXPENSES AND DONATIONS PART V : ADVANCE RETURN OF DONATIONS 108 PART VI : ENFORCEMENT AND PENALTY 109 CHAPTER 13 CORRUPT AND ILLEGAL CONDUCT 111 PART I : GENERAL 111 PART II : CORRUPT CONDUCT RELATING TO NOMINATION 112 AND WITHDRAWAL OF CANDIDATES PART III : ILLEGAL CONDUCT RELATING TO ELECTIONEERING 113 PART IV : CORRUPT CONDUCT RELATING TO 115 ELECTIONEERING AND VOTING vii PART V : CORRUPT AND ILLEGAL CONDUCT RELATING TO 116 ELECTION EXPENSES AND DONATIONS PART VI : POWER OF COURT TO EXCUSE INNOCENT ACTS 116 PART VII : NON-COMPLIANCE WITH THE LAW AND SANCTION 117 CHAPTER 14 NAMEDROPPING 119 CHAPTER 15 ATTENDANCE OF PUBLIC FUNCTIONS BY 123 BOTH GOVERNMENT OFFICIALS AND CANDIDATES PART I : GENERAL 123 PART II : ATTENDANCE OF PUBLIC FUNCTIONS BY 123 GOVERNMENT OFFICIALS PART III : ATTENDANCE OF PUBLIC FUNCTIONS BY 124 CANDIDATES CHAPTER 16 ELECTION PETITIONS 125 CHAPTER 17 COMPLAINTS PROCEDURE 126 PART I : GENERAL 126 PART II : TO WHOM A COMPLAINT MAY BE MADE 126 PART III : TIME AND PROCEDURE FOR MAKING COMPLAINTS 127 PART IV : COMPLAINTS INSIDE A POLLING STATION 127 PART V : THE PROCESSING OF COMPLAINTS 128 PART VI : EAC’S REPORT ON COMPLAINTS 129 PART VII : OBLIGATIONS OF THE DHA, ROS, PROS AND REO 129 PART VIII : SANCTION FOR FALSE COMPLAINT 130 viii APPENDICES PAGE APPENDIX A : ACTION CHECKLIST FOR CANDIDATES 131 APPENDIX B : A LIST OF EXISTING VILLAGES, INDIGENOUS 139 VILLAGES AND COMPOSITE INDIGENOUS VILLAGES APPENDIX BI : SAFE CONDUCT OF ELECTION-RELATED ACTIVITIES 194 APPENDIX BII : CONDUCT OF ELECTIONEERING ACTIVITIES AND 196 ELECTION MEETINGS IN PREMISES UNDER THE MANAGEMENT OF THE HOUSING DEPARTMENT AND THE HONG KONG HOUSING SOCIETY APPENDIX C : ADMINISTRATIVE GUIDELINES AND LICENSING 197 CONDITIONS FOR THE ISSUE OF PUBLIC FUND-RAISING PERMITS FOR NON-CHARITABLE PURPOSES – APPLICATION FORM FOR A PERMIT APPENDIX D : FAIR AND EQUAL TREATMENT OF CANDIDATES BY 206 THE PRINT MEDIA APPENDIX E : APPLICATION PROCEDURE FOR THE APPROVAL OF 207 FLOAT DESIGN APPENDIX F : CANVASSING ACTIVITIES WHICH ARE FORBIDDEN 209 WITHIN A NO CANVASSING ZONE APPENDIX FI : PERSONAL DATA PRIVACY: GUIDANCE ON 211 ELECTIONEERING ACTIVITIES APPENDIX G : ITEMS OF EXPENSES WHICH MAY BE COUNTED 213 TOWARDS ELECTION EXPENSES APPENDIX H : SUPPORT CLEAN ELECTIONS : A HANDBOOK BY THE 216 ICAC APPENDIX I : FORM OF CONSENT OF SUPPORT 237 APPENDIX J : GUIDELINES FOR MUTUAL AID COMMITTEES 240 ix APPENDIX K : GUIDELINES FOR CANDIDATES ON SENDING 241 ELECTION ADVERTISEMENTS TO ELECTORS IN THE CUSTODY OF THE CORRECTIONAL SERVICES DEPARTMENT INDEX 243 x PROLOGUE THE GUIDELINES 1 According to s 6 of the Electoral Affairs Commission Ordinance (“EACO”), the Electoral Affairs Commission (“EAC”) may, in connection with an election, issue guidelines relating to: (a) the conduct or supervision of or procedure at an election; (b) the activities of a candidate, an agent of a candidate or any other person assisting a candidate, or any other person; (c) the election expenses; (d) the display or use of election advertisements or other publicity material; and (e) the procedure for making a complaint. 2 The aim of such guidelines is to provide a code of conduct based on the principle of fairness and equality for conducting election-related activities and some directions in layman’s language on how to comply with the relevant electoral legislation so that candidates can avoid breaching them due to inadvertence. Guidelines are issued for reference by the public to ensure that all public elections are conducted in an open, honest and fair manner. 3 This set of Guidelines applies to the Village Representative (“VR”) ordinary election and by-election. It explains what electoral arrangements are made for the VR election, what legislative provisions and regulations

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