THE UNIVERSITY OF HONG KONG LIBRARIES. Hong Kong Collection gift from The Vice Chancellor 1 s Office

Transcription

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2 THE UNIVERSITY OF HONG KONG LIBRARIES Hong Kong Collection gift from The Vice Chancellor s Office

3 ELECTORAL AFFAIRS COMMISSION /F, Harbour Centre 25 Harbour Road Wan Chai Hong Kong OURREF.: YOUR REF.: R O 4/2 Fax: K Tel.: it Web Site: 8 December 2 The Honourable TUNG Chee Hwa The Chief Executive of the Hong Kong Special Administrative Region of the People's Republic of China Chief Executive's Office Hong Kong Dear Mr TUNG, Pursuant to section 8() of the Electoral Affairs Commission Ordinance, we have the pleasure in submitting to you the enclosed report on the 2 Legislative Council Elections. Yours sincerely, WOO Kwokhmg, Chairman Norman L pang,member * Elizabeth SMING Shiufching, Member

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5 ABBREVIATIONS AR,ARs ARO, AROs Cap CAB CAS cc ccc CCS CE CEO CSTDI the Commission DofJ DO, DOs EAC EAC Ord EAC(EP)(LC) Reg EAC(R)(FCSEC) Reg authorized representative, authorized representatives Assistant Returning Officer, Assistant Returning Officers Chapter of the Laws of the Hong Kong Special Administrative Region Constitutional Affairs Bureau Civil Aid Services Complaints Committee Central Coordination Centre central counting station the Chief Executive Chief Electoral Officer Civil Service Training and Development Institute the Electoral Affairs Commission Department of Justice District Office, District Offices Electoral Affairs Commission Electoral Affairs Commission Ordinance Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation

6 EAC(ROE)(GC) Reg EC E(CIC) Ord ERO FC, FCs FR GC? GCs the Guidelines HAD HKCEC ICAC ICAC Ord ImmD ISD LegCo LegCo Ord Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation Election Committee Elections (Corrupt and Illegal Conduct) Ordinance Electoral Registration Officer functional constituency, functional constituencies Final Register geographical constituency, geographical constituencies the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections Home Affairs Department Hong Kong Convention and Exhibition Centre Independent Commission Against Corruption Independent Commission Against Corruption Ordinance Immigration Department Information Services Department Legislative Council Legislative Council Ordinance

7 MAC, MACs NACs NCZ, NCZs NPC NSZ, NSZs OC 5 OCs OMR, OMRs PCPD FOB Ord PR PRO, PROs RCS, RCSs REO RO, ROs S, s 9 ss SFC, SFCs SWD VG, VGs mutual aid committee, mutual aid committees Nominations Advisory Committees no canvassing zone, no canvassing zones National People's Congress no staying zone, no staying zones owners' corporation, owners' corporations Optical Mark Reader, Optical Mark Readers Privacy Commissioner for Personal Data Prevention of Bribery Ordinance Provisional Register Presiding Officer, Presiding Officers regional counting station, regional counting stations Registration and Electoral Office Returning Officer, Returning Officers Section, section, sections special functional constituency., special functional constituencies Social Welfare Department Vetting Group, Vetting Groups in

8 CONTENTS PART ONE INTRODUCTION Page No CHAPTER Section Section 2 THE TYPES OF ELECTIONS : The Legislation Governing the Elections and the Voting Systems : The Scope of the Report 2 2 PART TWO THE PREPARATION 9 CHAPTER 2 DELINEATION OF GEOGRAPHICAL CONSTITUENCIES CHAPTERS Section Section 2 Section 3 Section 4 Section 5 Section 6 REGISTRATION OF ELECTORS AND VOTERS Qualifications Registration Regulations The Registration Campaign Publication of the Registers Appeals Number of Electors CHAPTER 4 Section Section 2 Section 3 GUIDELINES AND REGULATIONS : The Proposed Guidelines : The Regulations : The Guidelines IV

9 CHAPTER 5 32 CHAPTER 6 Section Section 2 Section 3 Section 4 PUBLICITY : Objective : Meeting the Media : Holding Briefings and Talks : Employing Technological Means CHAPTER 7 Section Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 POLLING ARRANGEMENTS 38 : An Overall View 38 : Polling Stations 39 : No Canvassing Zones and No Staying Zones 4 : The Contingency Plan 4 : Designation of Spots for Display of Election 42 Advertisements : Poll Cards and Commemorative Cards 43 : Use of the Chop 44 : Appointment of Polling Staff 44 : Appointment of Returning Officers and Assistant 45 Returning Officers CHAPTER 8 Section Section 2 Section 3 COUNTING ARRANGEMENTS : The Election Committee Subsector Elections : The General Election : The Goal and Achievement v

10 PART THREE THE ELECTIONS 52 CHAPTER 9 Section Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 THE EC SUBSECTOR ELECTIONS ON 9 JULY 2 The Sectors and the Subsectors The Nomination of Candidates The Poll TheOMR The Count The EAC Members' Visits The Results CHAPTER Section Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 THE GENERAL ELECTION ON 6 SEPTEMBER 2 The Constituencies and the Election Committee 6 The Electorates 62 The Nomination of Candidates 62 The Poll 63 The Count 65 The EAC Members' Visits 7 General Observations 7 PART FOUR CHANNEL FOR VOICES 72 CHAPTER Section Section 2 Section 3 COMPLAINTS : A General View : The Complaints Avenues and the Complaints Committee : The Complaints Period and Procedure VI

11 Section 4 : The Complaints Number, Nature and Categories 77 Section 5 : Handling of Complaints on the Polling Days 79 Section 6 : Outcome of Investigations 8 Section 7 : Warnings and Censures 82 PART FIVELOOKING BACK 84 CHAPTER 2 Section Section 2 Section 3 Section 4 Section 5 Section 6 THE REVIEW AND RECOMMENDATIONS 85 : The Scope of the Review 85 : Review & Recommendations Matters relating to 86 the Preparation for the Polling Day : Review & Recommendations Matters relating to 97 Operation on the Polling Day : Review & Recommendations Complaints 4 : Review & Recommendations the Guidelines 4 : Recommendation to Publish the Report 5 CHAPTER 3 ACKNOWLEDGEMENT 7 PART SIXLOOKING FORWARD 9 CHAPTER 4 THE WAY FORWARD

12 APPENDICES Appendix I Appendix II Appendix III Appendix IV Appendix V Appendix VI ill A List of 28 Functional Constituencies and 38 2 Election Committee Subsectors No, of Members for the Election Committee, Its 6 Sectors and Subsectors 2 Voter Registration: Analysis of Claims 9 Heard by Revising Officers Changes made to the 2 Final Register with 2 Approval of the Revising Officer 2 Final Register for Geographical 2 Constituencies: Ages and Sex Profile of Electors Breakdown of No. of Electors Geographical 22 Constituencies Appendix VII Breakdown of No. of Electors Functional Constituencies 23 Appendix VIII Breakdown of Election Committee Members on 24 the Final Register Appendix IX Breakdown of Voters for Election Committee Subsectors 26 Appendix X Voter Turnout for Election Committee Subsector 27 Elections Appendix XI Appendix XII Results of Election Committee Subsector Elections Election Committee Subsector Elections: Number of Rejected Ballot Papers 3 52 Appendix XIII No. of Members Returned from 5 Geographical 53 Constituencies and 28 Functional Constituencies vm

13 Appendix XIV Appendix XV Appendix XVI Voter Turnout for General Election Results of General Election : Geographical Constituencies Results of General Election: Functional Constituencies Appendix XVII Appendix XVIII Appendix XIX Appendix XX Appendix XXI Appendix XXII Appendix XXIII Appendix XXIV Results of General Election: Election Committee 64 Number of Rejected Ballot Papers for General 65 Election Breakdown of Complaint Cases Handled by the 67 Complaints Committee related to Election Committee Subsector Elections Breakdown of Complaint Cases Handled by the 68 Complaints Committee related to General Election Breakdown of Complaint Cases Handled by the 69 Returning Officers related to General Election Breakdown of Complaint Cases Handled by the 7 ICAC related to General Election Breakdown of Complaint Cases Handled by the 7 Police related to General Election Total Net Number of Complaints Cases Received 72 in Respect of General Election Appendix XXV Analysis of Treatment of Electionrelated Complaints handled by the Complaints Committee 73 Appendix XXVI Appendix XXVII Outcome of Complaint Cases Investigated by the 77 Returning Officers Outcome of Complaint Cases Investigated by the 78 ICAC IX

14 Appendix XXVIII : Outcome of Complaint Cases Investigated by the 79 Police Appendix XXIX Number of Warnings Issued by the Complaints Committee 8 Appendix XXX Appendix XXXI Press Release on Warning Issued by the 8 Complaints Committee: Principal Warned for Using Pupils in Electioneering Press Release on Warning Issued by the 84 Complaints Committee: 32 Principals Warned for Breaching Electoral Guidelines Appendix XXXII Public Censure against Mr TANG Siutong for Repeated Breaches of the Guidelines 9 Appendix XXXIII Appendix XXXIV Public Censure against Mr Frederick FUNG 2 Kinkee for Repeated Breaches of the Guidelines Public Censure against the list of Mr Jasper 25 TSANG Yoksing for Repeated Breaches of the Guidelines

15 PART ONE INTRODUCTION

16 CHAPTER THE TYPES OF ELECTIONS Section : The Legislation Governing the Elections and the Voting Systems Section 2 : The Scope of the Report Section : The Legislation Governing the Elections and the Voting Systems. Two ordinances govern the elections required for the establishment of the Legislative Council ("LegCo") and direct how the elections should be conducted: the Legislative Council Ordinance ("LegCo Ord") and the Electoral Affairs Commission Ordinance ("EAC Ord"). (A) The LegCo Ord.2 In accordance with s 4(3) of the LegCo Ord, the Chief Executive ("CE") specified October 2 as the day of commencement of the second term of office of the LegCo. By a notice published in the Gazette on 2 January 2, the CE specified 9 July 2 as the day for holding the Election Committee ("EC") subsector elections and

17 September 2 as the day for holding the general election..3 There were to be 6 Members of LegCo and they were to be returned by way of the following: (a) five geographical constituencies ("GCs 9 '), electing 24 Members in total; (b) 28 functional constituencies ("PCs") of which the Labour FC was to return three Members whereas each of the remaining 27 PCs was to return one Member; and (c) the EC, returning six Members..4 Detailed provisions about the constituencies (ie GCs and PCs) and the EC are made in the LegCo Ord. The GCs are, as the name indicates, geographically based, and the delineation of their boundaries Is to be recommended by the Electoral Affairs Commission ("EAC" or "Commission") (see Chapter 2 of the report). The 28 PCs and the qualifications of their electors are set out in ss 2,2A2ZB and 25 of the LegCo Ord. There are to be no more than 8 members of the EC. These members are composed of representatives from four sectors consisting of a total of 38 subsectors. The identity of the four sectors and 38 subsectors and their constituents can be found in Schedule 2 of the LegCo Ord (see paragraph 3.4 of Chapter 3)..5 Different voting systems apply to elections of different

18 constituencies, the EC and the subsectors. They are: (a) the list system of proportional representation for the GC election (s 49 of the LegCo Ord); (b) the preferential elimination system of voting for the election for the special PCs ("SFCs"), ie Heung Yee Kuk FC, Agriculture and Fisheries FC, Insurance FC and Transport FC, as specified in s 5 of the LegCo Ord (Appendix I); and (c) the firstpastthepost voting system for the election of the 24 PCs specified in s 2( )(e) to (zb) of the LegCo Ord (Appendix I)? the election of the EC and the election of subsectors (ss 5 and 52 of the LegCo Ord)..6 According to the list system of proportional representation which applies to the election in respect of all GCs, the nomination of candidates is to be by way of a list in a nomination form specified by the EAC to contain the names of one or more candidates for a GC as a group, and, if more than one name, the names have to be ranked in the order of priority of the group. After the Returning Officer ("RO") of the GC has determined the eligibility of the candidates on a nomination list, only the eligible candidates whose priority on the list is above or equal to the number of vacancies in the GC will be allowed to remain as candidates, and other candidates on the same list who rank after those prior candidates will have their names excluded from the nomination list. At the GC election, an elector is entitled to cast a single vote for a list and

19 not for an individual candidate. The total number of valid votes cast at the election of a GC will be divided by the number of vacancies to be elected for that GC to arrive at the quota of votes. Each list that gets the quota will have one candidate on the list elected. When not all the vacancies are filled by applying the quota, the filling of the remaining seat(s) will be decided by the largest remainder of votes cast for each list after the deduction of the quota or a number of quotas of votes cast for that list. If there are votes cast for a list that exceed the quota(s) necessary to return all the candidates in the list, the list will be treated as having no further votes remaining..7 According to the preferential elimination voting system which applies to all the SFCs, an elector in an SFC is entitled to cast a single vote. The vote is transferable amongst the candidates nominated for the election, with the elector marking his/her preference or preferences for those candidates on the ballot paper against one or more of those candidates in descending order. A candidate must obtain an absolute majority of the valid votes to get elected. If no candidate obtains an absolute majority of the valid votes at a particular stage of the counting of votes, the candidate with the least number of votes is to be eliminated at that stage and that candidate's votes are to be transferred to the remaining candidates, in accordance with the next available preferences marked on the ballot papers. This process continues until one candidate obtains an absolute majority over the candidate(s) that

20 remaln(s)..8 According to the firstpastthepost voting system which applies to the other 24 PCs, the EC and the subsectors, an elector/voter is entitled to vote for as many candidates as there are vacancies and no more. The candidate who obtains the greatest number of votes will be elected, followed by the next candidate who gets the next greatest number of votes, and so on, till all vacancies are filled. Of the 24 PCs, there are three seats for the Labour FC and so the electors of that FC can vote for up to three candidates. For each of the rest, only one seat is to be filled; the elector can only vote for one candidate. For the EC, the elector must, however, vote for the exact number of candidates as there are vacancies, ie six, no less and no more, or else his/her votes will become invalid. (B) The EAC Ord.9 The EAC Ord provides for the establishment of the EAC for the purpose of making recommendations regarding the delineation of GCs for the LegCo election and demarcation of their boundaries, and to be responsible for the conduct and supervision of the elections, and matters incidental thereto.. S 8 of the EAC Ord provides that within three months of the

21 conclusion of an election, the Commission shall make a report to the CE on matters relating to that election in respect of which the Commission has any function under the EAC Ord or any other ordinance. It also provides that the report shall include a report on any complaint made to the Commission in connection with the election. The general election having been held on September and concluded on September 2 5 this report is due by December 2 in conformity with the statutory provision. Section 2 : The Scope of the Report. This report describes the electoral arrangements the Commission made for the conduct of the EC subsector elections on 9 July 2 and the general election on September 2, examines the effectiveness of these arrangements, relates how complaints were handled and sets out its recommendations after having reviewed the procedures and the actual situation..2 Broadly speaking, the report covers the following aspects: (a) preparing for the elections, which involves: (i) registration of voters/electors; (ii) delineation of GCs; (iii) making regulations for electoral procedures and guidelines on electionrelated activities; and

22 8 (iv) making polling and counting arrangements; (b) (c) (d) supervising the conduct of the elections; handling electionrelated complaints; and reviewing all matters related to the elections and making recommendations for improvement.

23 PART TWO THE PREPARATION

24 2 OF 2. According to the LegCo Ord, for the second term of office of the LegCo, there are to be five GCs for the purpose of returning 24 Members. Each of the GCs Is to return not more than six and not less than four Members. The Commission Is required by the EAC Ord to make recommendations to the CE on how the boundaries of the five GCs should be demarcated. 2.2 The Commission started the demarcation work in March 999. Based on the criteria set out In the EAC Ord and in consultation with the District Officers of the Home Affairs Department ("HAD"), the Commission worked out the provisional boundaries of the five GCs. The Commission proposed that except for some minor adjustments to reflect the revision of the boundaries of some districts In the light of latest developments, the boundaries of the GCs for the 998 LegCo general election, with which the general public was familiar, should be retained. On that basis, the Commission made provisional recommendations on the demarcations. 2.3 The five GCs and the number of Members to be returned by each of them were as follows

25 (a) Hong Kong Island GC to return five Members (b) Kowloon East GC to return four Members (c) Kowloon West GC to return four Members (d) New Territories East GC to return five Members (e) New Territories West GC to return six Members 2.4 The Commission held a press conference on September 999 to announce the commencement of a onemonth public consultation exercise. From to 3 September 999, the public could forward their views on the provisional demarcation recommendations to the Commission. The Commission also hosted a public forum on 27 September 999 in the conference room of the Registration and Electoral Office ("REO") for members of the public to present their views or make enquiries to the Commission in person. 2.5 Having fully taken the public representations into account, the Commission submitted on 3 October 999 to the CE its report and recommendations on the delineation of the GCs. The report, which contained the public's representations on the Commission's provisional recommendations, the rationale behind the Commission's final recommendations, the maps showing the boundaries of the five GCs and other details of the exercise, was endorsed by the CE in Council on 6 November 999. It was tabled at the LegCo meeting on 24 November 999 for negative vetting and passed on 6 February 2,

26 2 3 REGISTRATION OF ELECTORS AND VOTERS Section : Qualifications Section 2 : Registration Regulations Section 3 : The Registration Campaign Section 4 : Publication of the Registers Section 5 : Appeals Section 6 : Number of Electors Section : Qualifications 3. The LegCo Ord provides for qualifications for eligibility to be registered as electors for the GCs, PCs and members of the EC for the 2 LegCo elections. 3.2 An individual is eligible to be registered as a GC elector if he/she is a Hong Kong permanent resident, ordinarily resides in Hong Kong, reaches 8 years of age on or before 25 May 2, holds an

27 3 identity document and provides the address of his/her only or principal residence in his/her application [see ss 27, 28, 29 and 3 of the LegCo Ord]. 3.3 The LegCo Ord provides for 28 PCs, two of which are newly added for this election, namely the Catering FC and the District Council FC, which replace the former Urban Council and Regional Council PCs. The qualifications for FC electors are based on membership of professional or trade organisations in the relevant FC or having close connection with the FC. The FC electorate consists of both natural persons and corporate bodies. The first requirement for a natural person to be an FC elector is that the person must be a GC elector. Nineteen of the 28 PCs consist of corporate electors. A corporate elector is required to cast its vote through an authorised representative ("AR") who is a natural person and a GC elector appointed by the corporate elector to vote on its behalf. The appointment or replacement of the AR must be registered with the Electoral Registration Officer ("ERO"). A person who is qualified to be an elector of more than one FC can only become an elector of one of the PCs. In some cases, he/she has a choice, but in some others, he/she is only entitled to be registered in a particular FC without any choice in spite of his/her multiple qualifications. The

28 4 availability of a choice or otherwise can be seen In Appendix I. An FC elector cannot be an AR for the same FC. Also an AR cannot be appointed as the AR of another corporate elector at the same time. EC 3.4 The EC, which is to consist of a maximum of 8 members, comprises representatives from four sectors which are in turn composed of a total of 38 subsectors. Details can be found in Appendix II. Persons holding office on 3 June 2 as Hong Kong deputies to the National People's Congress ("NPC") and Members of the LegCo are exofficio members of the EC, and the EC members from the Religious subsector are to be nominated by the constituent organisations of that subsector. Apart from these three categories which are three of the subsectors, the other 35 subsectors are to return their representatives on the EC by way of election. Of these 35 subsectors, 3 correspond to the 28 PCs in name and composition, with the Education FC, the Tourism FC and the District Council FC each having two corresponding subsectors (see items 9, 25 and 28 in Appendix I). 3.5 Those entitled to vote in a GC or an FC in the LegCo general election are called "electors", as distinguished from those entitled to vote in the subsector elections, who are called "voters". The electors of an

29 5 FC are also qualified to be voters of the corresponding subsector. 3.6 Similar to the FC situation, there are also corporate voters in a number of subsectors who can only cast their votes through an AR. A corporate body which is a corporate elector of an FC and also a corporate voter of a subsector must appoint the same individual as its AR to cast its vote in both the FC and subsector elections. The appointment or replacement of the AR must be registered with the ERO. 3.7 An elector of an FC who is elected in the EC subsector elections to become an EC member is not entitled to vote in the FC at the general election. However, an exofficio EC member who is also registered as an elector for an FC has a choice to vote at the election of the FC for which he/she is registered or at the EC election. The choice must be made by such an exofficio member before compilation of the EC final register. An EC member must also be a GC elector. 3.8 Taking all of the above qualification provisions into account, a permanent resident of Hong Kong who ordinarily resides in Hong Kong and who has reached the age of 8 years is entitled to be a GC elector. He/she can, if he/she so qualifies, also be an FC elector and also an AR of another FC. Alternatively, he/she can be an EC member if he/she so qualifies or if he/she is returned by the election of one of the subsectors,

30 6 but in such a case, he/she will no longer be entitled to vote In his/her FC, save that if he/she is an exofficio EC member, he/she can have a choice to vote at either the FC election or the EC election. In simple terms, a person can be (a) a GC elector only, voting for the GC in which his/her only or principal place of residence is situate; (b) (c) a GC elector and an FC elector, having two votes; a GC elector and an FC AR, having two votes, one for himself/herself and the other for the corporate elector of which he/she is the AR; (d) a GC elector and an FC elector and an AR of another FC, having three votes in total; (e) (f) a GC elector and an EC member, having two votes; or a GC elector and an EC member as well as an AR of an FC, having three votes altogether. 3.9 For the 35 subsectors, if he/she so qualifies, a natural person can be a voter of one of these subsectors, and can in addition be an AR of a corporate voter of another subsector. Section 2 : Registration Regulations 3. Two sets of regulations were made for the purpose of setting

31 7 out the procedure relating to the registration of electors. The Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation ("EAC(ROE)(GC) Reg") governs the registration of electors for the GCs. The Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation ("EAC(R)(FCSEC) Reg") caters for the registration of electors of the PCs, members of the EC, and voters for the subsectors. 3. In order to convenience potential electors for PCs and potential voters for subsectors and to facilitate their registration, the EAC(R)(FCSEC) Reg makes provisions for a notification process, consisting mainly of the following measures: (a) Public authorities and representative organisations are required by the ERO to provide names and identities of all persons (individuals and bodies) whose membership in such representative organisations qualifies them to become PC electors and subsector voters. (b) According to the information so obtained, the ERO sends a notification to the individual who is on the 999 GC register of electors (and has remained eligible for a GC) but not registered in any PC, setting out the name of one of the 28

32 8 PCs and the corresponding subsector in which he/she is eligible to be registered as an elector and voter. If the person is only eligible to be registered in one of the four subsectors without a corresponding FC, then the notification will set out the name of the relevant subsector. If the individual does not respond by 6 March 2 to decline registration, he/she will be registered in the FC and its corresponding subsector or the subsector specified in the notification. (c) If, however, the ERO has information that an individual eligible to be registered in an FC is also eligible to be registered in one of the following two subsectors, the notification will state that he/she will be registered in that subsector, not the corresponding subsector. These two subsectors are the Chinese People's Political Consultative Conference subsector and the Hong Kong Chinese Enterprises Association subsector. The reason is that each of the two subsectors has a very small electorate. (d) Where there is a choice, the notification will also state the options available to the potential elector/voter. (e) Whatever is stated in the notification is subject to the individual's own wish: he/she can select to (i) decline registration altogether, or (ii) be registered in an FC and a

33 9 subsector for which he/she is eligible and is allowed to choose. 3.2 The notification is to the effect that the individual notified will, without further ado, be registered as the elector and/or voter of the FC and/or subsector as specified in the notice, unless he/she replies to say that he/she does not wish to be registered at all For the 2 LegCo elections, this notification procedure had proved that it saved time and efforts on the part of those who wished to be registered. However, the procedure was not applicable to those whose names did not appear in the 999 GC register or did not appear in the information sought from the public authorities or umbrella organisations. They had to initiate the process by making an application for registration themselves. Section 3 : The Registration Campaign 3.3 While the registration of FC electors and subsector voters was partially simplified by the notification procedure, there was a territorywide registration campaign mainly aiming at registration of GC electors. It lasted for two months from midjanuary till the registration deadline of 6 March The campaign was jointly conducted by a number of

34 2 government bureaux and departments. The Working Group on Publicity set up under the EAC played an active role in overseeing the planning and implementation of the publicity and promotional activities in support of the registration campaign. The campaign mainly aimed at encouraging eligible members of the public to register as electors and reminding registered electors to report any change of their addresses if they had moved. While the appeal was directed to the entire potential electorate, special emphasis was placed on young people in the age group of 8 to 25 as their registration rate had all along been relatively low. The kickoff ceremony for the campaign was organised in the form of a birthday party for about 5 young people who just reached the age of 8 in January 2. Young celebrities and artistes were invited to appeal to the young at large at the event which was telecast. Other efforts included placing advertisements in youth publications, university bulletins, and the Internet, paying visits to university campuses and youth centres, and distributing registration forms to senior secondary students, participants of the Youth Preernployment Training Programme and young persons who called on the Immigration Department ("Imm D") to apply for their adult identity cards. A host of the other more conventional means including television programmes, announcements in public interest, newspaper advertisements and posters were also employed to publicise the campaign. Registration counters were set up at popular locations to assist people to fill in the application forms. The

35 2 Chairman of the EAC also took every opportunity to show up on television and radio programmes and meet the media in order to spread the registration message. 3.5 The major feature of the campaign was a series of fullscale doortodoor visits to all the two million households in the territory' conducted by the District Offices ("DOs") of HAD. The household visits aimed at arousing the community's awareness of the second LegCo elections., helping all the potential electors to register, reminding those registered electors who had moved to update their residential address, verifying the accuracy of the registered particulars of electors on the existing electoral roll and updating them if necessary. In the light of the experience gained from the last major household visit exercise conducted in December 997/January 998, a number of improvement measures had been introduced to increase the efficiency and costeffectiveness of the exercise. Visits this time were conducted mainly in weekday evenings throughout the twomonth campaign period instead of on one weekend; temporary community organisers who were more mature and experienced in dealing with people were employed instead of students, and they were provided with intensive training and closely supervised. The exercise was satisfactorily completed. 3.6 By the registration deadline of 6 March 2, the REG

36 22 received a total of about 466, registration applications. The number of new electors registered is 248,8, of whom 88,2 (or 36%) are young persons aged between 8 and 25. Further details are set out in paragraph 3.22 below. 3.7 For the promotion of registration for the FCs, a targeted approach was adopted. Apart from issuing notifications as described in paragraph 3., the REO sent appeal letters together with registration forms and guidance notes to each individual and body known to be eligible but who had yet to be registered. Appeal was also made to the representative organisations to seek their assistance in encouraging their members to get registered. Potential electors of the two new PCs and those with relatively low registration rates were invited to briefings specially organised for promoting their registration. 3.8 By the end of the registration period, the REO received a total of about 4,6 application forms. Together with those registered by means of the notification procedure, the total number of newly registered FC electors was 42,62. Section 4 : Publication of the Registers 3.9 The LegCo Ord provides for the annual publication of a

37 23 Provisional Register ("PR") and a Final Register ("FR") of electors. Detailed arrangements for the publication of these registers are provided for in the EAC(ROE)(GC) Reg and the EAC(R)(FCSEC) Reg. For 2, the PR and FR had to be published not later than 5 April and 25 May 2 respectively. In fact, the PR was published on 4 April and the FR on 25 May 2. The FR of members of the EC was published on 4 July 2, five days after the EC subsector election held on 9 July As provided for in the LegCo Ord, compilation of the 2 PR was based on the FR published in March 999 but excluding those electors who were no longer entitled to be registered and including new electors who were mainly recruited in the registration campaign. At the time when the PR was published, an omissions list was also published. The omissions list contained the names and particulars of those electors on the 999 FR who were no longer eligible to be registered and the entries relating to those who would have to be omitted from the FR of following year, eg those who were believed to be no longer residing at the registered address (such as buildings already demolished but whose new addresses were not known to the ERO) and also those who were believed to be dead. Both the PR and the omissions list were available for public inspection so that anyone who opposed to any entry therein could lodge an objection and anyone who claimed to be entitled to be

38 24 registered but whose name did not appear in the PR (or appeared on the omissions list) might raise a claim. Section 5 : Appeals 3.2 Since the publication of the PRs of electors and voters on 4 April 2, there had been many people who showed interest in them and approached the REO for inspection. The period for lodging objections and claims also commenced thenceforth. By the deadline of 29 April 2, a total of 4 appeals had been received. They were forwarded to the Revising Officers, who very efficiently arranged hearings and made their decisions on all the appeals by May 2. A breakdown of the nature of the appeals can be found in the analysis of the appeals prepared by the REO, at Appendix III. The ERO also took the opportunity to seek and obtain the approval of the Revising Officers to add 227 names to, and remove 4 names from, the FR, with the breakdown shown at Appendix IV. Most of the additions came about as a result of the Imm D's confirmation that the electors concerned, whose applications had been rejected earlier on the ground that they were not permanent residents of the territory, were later found to have become permanent residents after the publication of the PR and hence their names should be included in the FR.

39 25 Section 6 ; N" ber of Electors 3.22 The twomonth voter registration campaign netted 466, application forms for registration as GC electors. Some of these applications were from persons whose particulars were already on the register in force, and some other persons who reported changes of their registered addresses or other particulars. At the end of the day, a total of 248,8 new electors were recruited. Deducting the number of former electors who were omitted from the FR because of death, having moved to an unknown address, or having become ineligible, etc, the net increase in the GC electorate was 222, The number of electors or voters whose names have been entered into the FRs for GCs, PCs, EC and EC subsectors are as follows: FR for GCs PCs EC EC subsectors Size of electorate 3,55,4 electors 75,6 electors 794 members 79, voters Remarks An age and sex profile of the electors and a breakdown of the registered electorate by GCs are at Appendices Vand VI* Breakdown at Appeqdix VIL Breakdown at Appendix VUHL Breakdown at Appendix.X.

40 26 4 GUIDELINES AND REGULATIONS Section : The Proposed Guidelines Section 2 : The Regulations Section 3 : The Guidelines Section : The Proposed Guidelines 4. On 3 January 2, the EAC invited members of the public, through a press conference and press advertisements, to make written representations on the proposed Guidelines on electionrelated activities in respect of the 2 LegCo elections ("the Guidelines") within the period from to 29 February 2 and to make oral representations at a public forum held on 23 February Copies of the proposed Guidelines were made available for collection at the 8 DOs and at the REO. Moreover, arrangements were made to send the proposed Guidelines or particular chapters of them to organisations which might have special interest in the subjects. These organisations included the LegCo, the District Councils, political parties or bodies, mass media organisations and tertiary and postsecondary academic institutions.

41 At the close of the consultation period on 29 February 2, the EAC received a total of 2 written representations. Nine persons turned up at the public forum on 23 February 2 to make oral representations. Their major issues of concern were similar to those contained in the written representations. Most of the views received related mainly to the following areas: electioneering activities at private premises and public housing estates, time restriction on the use of loudspeakers for electioneering, restrictions on media personalities running for the election, delineation of the no canvassing zone ("NCZ") and the use of the chop to mark ballot papers. Section 2 : The Regulations 4.4 Having carefully considered the public representations, the EAC made the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation ("EAC(EP)(LC) Reg") which was gazetted on 7 March 2. The EAC(EP)(LC) Reg incorporated the following major improvement measures (as compared with the 998 LegCo elections) which the EAC had adopted after having taken into account the public views expressed on the proposed Guidelines: (a) the marking of ballot papers and the counting of votes to be made simpler by using a chop with a "V" to mark the GC and FC ballot papers (except those for the SFCs); (b) the privacy of personal data of electors to be further

42 28 protected by publishing only the name, address and constituency of an elector but not the identity card number and sex on the registers for public inspection; (c) (d) (e) the canvassing within an NCZ to be slightly relaxed to allow doortodoor canvassing on the storeys above or below street level of buildings within the NCZ; the designation of polling stations to be made more flexible in order to cater for unexpected emergencies, eg to replace a flooded polling station on the polling day by empowering the Chief Electoral Officer ("CEO") to designate alternative polling stations; a child accompanied by an adult elector would be allowed entry to a polling station if the child does not disturb or cause inconvenience to other persons in the polling station; and (f) counting of GC votes to be decentralised to five regional counting stations ("RCSs"), one for each GC. The Regulation was passed by the LegCo on 3 May 2 without amendment. 4.5 At one time, the Commission intended to allow the names and logos of political parties and logos of individual candidates to be printed on ballot papers for the 2 LegCo elections. The Commission published in the Gazette on December 999 the Electoral Affairs

43 29 Commission (Printing of Name of Organisation and Emblem on Ballot Paper) (Legislative Council) Regulation which was later tabled at the LegCo for negative vetting on 5 December 999. This regulation, however, did not meet the favourable consideration of the LegCo and was vetoed, as the procedure set out in the regulation was perceived to be too restrictive and cumbersome. Section 3 : The Guidelines 4.6 Shortly after the passage of the EAC(EP)(LC) Reg by the LegCo, the EAC published the final version of the Guidelines on 5 May 2. Apart from the new statutory features mentioned in paragraph 4.4 above, the Guidelines also contained the following major nonstatutory features which had been added or modified as a result of the public representations on the proposed Guidelines: (a) in respect of the subsector elections, polling stations would be allocated to voters according to their residential address and the poll would be held on a Sunday; (b) definition of an election advertisement would also include publicity materials containing the name or photograph of candidates issued during the election period even though the contents are not electionrelated; (c) space in the common area of a building allocated to candidates for displaying election advertisements should be

44 3 equally available to all candidates in the same constituency; (d) (e) if a building management disallows electioneering activities in the building, no activity promoting any candidate including household visits should be allowed inside the building even though it is carried out not in the capacity of a candidate; and definition of a candidate under the context of election broadcasting includes one who has publicly declared his/her intention to stand for election. 4.7 The Guidelines explained in simple language the important provisions of the EAC(EP)(LC) Reg, major provisions of other electoral laws and various guidelines and regulations laid down by the EAC regarding electionrelated activities of candidates and their agents. They, complete with an index, were comprehensive and covered as many aspects relating to the 2 LegCo elections as possible so that the user could always refer to them for guidance whenever he/she had doubts and questions on electoral arrangements. 4.8 Copies of the Guidelines were expeditiously sent to the parties concerned the LegCo, District Councils, various organisations, members of the media, tertiary institutions, schools, building management companies, mutual aid committees ("MACs") and owners corporations ("OCs") so as to give them ample time to familiarize

45 3 themselves with the Guidelines before the nomination period for the subsector elections commenced on 3 May 2. Sufficient copies, in both book form and in CDROM format, were also made available for distribution to members of the public at DOs and the REO. The Guidelines were also uploaded onto the EAC homepage for easy reference by members of the public through the Internet.

46 As in previous elections, experienced legal professionals were appointed as Nominations Advisory Committees ("NACs") for the 2 LegCo elections to provide legal advice to the prospective candidates and the Returning Officers ("ROs") on the eligibility of the candidates for nomination. Each of the five NACs., namely, Mr Lawrence LOK Yingkam, SC, Mr WONG Chingyue 5 SC, Mr HO Bingkwan, Mr Peter LO Chilik and Mr Anson KAN Kamchoy, was a legal practitioner with not less than years of practising experience. Their appointments were gazetted on February 2. They were appointed for both the subsector elections and the general election from February to 4 August During the period of their appointment, the NACs received a total of 25 requests for legal advice on matters such as the candidates' substantial connection with their FC/subsector, their right of abode in foreign countries and past criminal records, etc. 5.3 Generally speaking, the NACs proved to be a valuable source of expert advice for candidates and ROs and their service was most helpful and professional.

47 33 6 THE PUBLICITY Section : Objective Section 2 : Meeting the Media Section 3 : Holding Briefings and Talks Section 4 : Employing Technological Means Section : Objective 6. The objective of the publicity drive was generally twofold: to draw the attention of potential electors, electors, candidates and other relevant parties, eg building organisations, to a certain event, feature or issue relating to the elections, and to arouse the general public's awareness of the elections. 6.2 Apart from the voter registration campaign described in Chapter 3, other publicity activities organised are detailed in the following paragraphs.

48 34 Section 2 : Meeting the Media 6.3 The Commission hosted five press conferences and 9 standup media sessions. The Chairman himself gave 3 media interviews and featured in 6 television and radio programmes. These occasions mainly themed on electoral arrangements, the functions and operation of the EAC, and supervision of the conduct of the elections. Potential electors were urged to get themselves registered and the voting population was reminded repeatedly to make their best endeavour to vote on the polling day. Section 3 : Holding Briefings and Talks 6.4 The Commission organised briefings for the candidates and their agents of both the EC subsector and general elections on June and 5 August 2 respectively. In these briefing sessions, the Chairman explained the gist of the electoral arrangements,, the electoral legislation and the Guidelines. Representatives of other departments, eg ICAC, the Hongkong Post and Office of the Privacy Commissioner for Personal Data, were also present to brief attendees on matters relating to the elections which fell within their purview. 6.5 The HAD also organised five briefing sessions, one for each of the GCs, for private building management bodies (eg the OCs, MACs,

49 35 etc) on the subject of electioneering activities on private premises. The EAC Chairman attended each and every one of these briefing sessions to host the questionsandanswers forum. He was also invited to give talks to five district organisations and local institutions on electoral matters and functions of the EAC. 6.6 REO staff took part in 8 talks organised by local institutions, such as elderly centres, youth centres, professional bodies on electoral arrangements and voting procedures; mock voting sessions were conducted to enable the participants to familiarise themselves with the use of the chop and the procedural details. 6.7 The media, as always, helpfully provided wide coverage on the above briefings and talks. This considerably helped promote the public's understanding of the electoral arrangements. Section 4 : Employing Technological Means The Election Homepage 6.8 In its ongoing efforts to make use of the Internet to promote electoral matters, the REO in collaboration with the Information Services Department ("ISD") had developed a special homepage for the 2 LegCo elections ( Details of electoral

50 36 arrangements can be easily accessible to visitors of the Internet. They can have sight of information such as the GC boundaries, the EAC Guidelines, candidates 9 particulars and platforms, polling and counting arrangements, voter turnout rates, and election results, etc. 6.9 To give an entertaining touch to the homepage, it also featured an "election playroom" which included quizzes and games with the 2 LegCo elections as the main theme. The Enquiry Hotline 6. The REO enquiry hotline had been operating, as before, throughout the election period to answer enquiries from the general public. To improve the hotline service in the light of past experience, tailormade inhouse training programmes for the staff manning the hotline were organised, with particular emphasis on enriching the staffs jobrelated knowledge and telephone courtesy. Before the polling day there were 4 lines operating. On the polling day there were 85 lines to cater for the increase in enquiries. According to statistics, the hotline received a total of 79,64 calls, with 55,24 on the polling day alone. The Electoral Information Centre 6. The Electoral Information Centre, set up in November 999,

51 37 continued to operate. Response was favourable. The various aspects of information on the elections were kept updated. More than 3 persons from some 5 schools and organisations had visited the centre. There were guided tours with briefings by REO staff, which helped the visitors better understand the different areas of the 2 LegCo elections.

52 38 7 Section : An Overall View Section 2 : Polling Stations Section 3 : No Canvassing Zones and No Staying Zones Section 4 : The Contingency Plan Section 5 : Designation of Spots for Display of Election Advertisements Section 6 : Poll Cards and Commemorative Cards Section 7 : Use of the Chop Section 8 : Appointment of Polling Staff Section 9 : Appointment of Returning Officers and Assistant Returning Officers Section : An Overall View. As in the 998 LegCo elections the combined polling arrangement was again adopted in both the EC subsector elections and the general election: an elector or voter was provided with a onestop service. He/she needed only to go to one polling station to cast all his/her votes if he/she was eligible to cast more than one vote.

53 39 Section 2 : Polling Stations 7.2 Venues such as schools, community centres, indoor games halls, and post offices etc at convenient locations were identified and designated as polling stations. In the absence of such facilities in a certain locality suitable to be polling stations, some less conventional venues, eg containers, vacant shop premises in public housing estates, and a vegetable stall etc were made use of to serve the purpose. 7.3 For the EC subsector elections, there were polling stations. Voters and ARs were allocated polling stations according to their registered residential address. This obviously helped make it convenient for them to vote. This was considered an improvement as compared with the 998 LegCo elections when polling stations were allocated on a subsector basis and might be so located that some voters or ARs had to travel a long way to get to their designated polling stations to cast their votes. 7.4 For the general election, there were altogether 526 polling stations. Four of these were EC/SFC polling stations, serving the 794 electors from the EC and the some electors from the Transport FC (the other three SFCs, Heung Yee Kuk FC, Agriculture and Fisheries FC and Insurance FC being uncontested). These four polling stations were networked by a computer system so that electors could cast their votes at

54 4 any one of them. The remaining 522 served the GC electors: 93 for the Hong Kong Island GC, 8 for the Kowloon East GC, 7 for the Kowloon West GC, 3 for the New Territories East GC and 48 for the New Territories West GC. 7.5 Special arrangements were made to convenience the disabled community. Of the 526 polling stations, 23 were accessible to the wheelchairbound electors and were designated as special polling stations. A disabled elector or AR who found it inconvenient to go to the polling station allocated to him/her could apply for a change to a special polling station five days before the polling day. One and 37 such applications were received and entertained in the EC subsector elections and the general election respectively. Inside each polling station, audio tapes detailing candidates' platforms, and braille templates for marking ballot papers were available for the visually handicapped electors to identify the candidate(s) of their choice. Section 3 : No Canvassing Zones and No Staying Zones 7.6 To maintain a smooth and safe passageway for the electors and to ensure that they would not be unduly harassed on their way to the polling station, an NCZ and a no staying zone ("NSZ") outside each polling station were determined by the RO. All candidates were notified of the locations of the NCZs and NSZs, shown on sketch maps,

55 4 long before the polling day. On the polling day, the RO displayed a notice showing the locations of the NCZs and NSZs at the related polling station or at a spot in close proximity to the polling station. 7.7 In the NCZ, all canvassing activities were prohibited except for doortodoor canvassing activities carried out on the floors above or below the street level in buildings other than the building where the polling station was situated, provided that such activities posed no obstruction to electors and amplifying devices were not used. In the NSZ, nobody was allowed to stay or loiter. The presiding officers ("PROs") were the authority in keeping order in these zones. Section 4 : The Contingency Plan 7.8 To cope with unexpected inclement weather, contingency measures were put in place. This was particularly necessary for those polling stations located in the rural areas of the northwestern part of the New Territories, which were highly susceptible to flooding, as advised by the Drainage Services Department. Though the REO staff had made the utmost endeavour to avoid selecting venues at the highrisk locations, some would still be inevitably taken as polling stations in the absence of better alternatives. There were such highrisk polling stations. As a contingency measure, an alternative polling station was identified within a reasonable distance from each of these stations. In case any of the

56 42 highrisk polling stations could not be open for operation, the affected electors would be asked to approach the alternative station. 7.9 Fortunately, the elements turned a smiling face to the elections and all polling stations operated normally. Section 5 : Designation of Spots for Display of Election Advertisements 7. In the 2 LegCo elections, there were about 4, spots designated for the GC/FC/EC candidates to display their election advertisements. About twothirds of them were allocated to the GC candidates and the rest to the FC/EC candidates. The means by which the spots were allocated was open and fair: the designated spots were allocated to candidates by the drawing of lots as witnessed by the parties concerned at the briefing sessions for the candidates on June (for the EC subsector elections) and 5 August 2 (for the general election). Thenceforth, candidates could start displaying their election advertisements at the designated spots allocated to them. They had to remove their election advertisements displayed, as required by the Guidelines, within seven days after the polling day. Failure to do so might result in prosecution by the authority and the election advertisements would be removed by the relevant authority. The removal cost charged by the authority would be counted as election expenses. For the EC subsector elections, there were 37 cases in which

57 43 candidates failed to comply with the requirement of removing their election advertisements. For the general election, there were 42 such cases. Section 6 : Poll Cards and Commemorative Cards 7. To mail to the 8, voters of the EC subsector elections their poll card, the introductory leaflet of the relevant candidates and the map showing the location of their designated polling station, the REO employed manpower resources of three voluntary agencies through the Social Welfare Department ("S WD"). They handled 5, sets of the mail items and staff of the REO took up the remaining 3, sets. These were delivered by post to the voters days before the polling day, much earlier than the 5day requirement stipulated in s 27 in Schedule to the EAC(EP)(LC) Reg. 7.2 Similarly, for the some 3 million electors of the general election, whose mail package also included a set of two commemorative cards in addition to items similar to those for the voters of the EC subsector elections mentioned above, 42 workshops were organised with the help of the SWD for the workers of these voluntary agencies to handle 2,72, sets of the mail items. In addition, a private contractor handled 9, sets while staff of the REO took up the remaining 8, sets. All of these were posted to reach the electors days

58 44 before the polling day, as required by s 3 of the EAC(EP)(LC) Reg. Section 7 : Use of the Chop 7.3 In the 999 District Councils election, electors must use the chop with a "V" provided at the polling station instead of a pen to mark the ballot paper. The use of this chop proved to be a success. Electors welcomed it and found it convenient. The number of questionable or invalid ballot papers was largely reduced, so was the time spent in the counting process. In view of this, the use of the chop was adopted for the 2 LegCo elections. The chop was pink and black in colour, taking into consideration the need to avoid it being associated with the colours representing the political organisations whose members stood as candidates in the elections. Section 8 : Appointment of Polling Staff 7.4 Polling staff were recruited by appealing to serving civil servants. The response was remarkably encouraging: about 25, applications were received. Out of these, 2,5 were selected for appointment to serve in the EC subsector elections and 5, were selected for the general election. 7.5 A series of briefing sessions were organised for the polling

59 45 staff to familiarise them with the relevant rules, polling procedures and the operation of a polling station. Eight general briefing sessions were held at the Queen Elizabeth Stadium for all polling staff and eight more intensive briefing sessions were arranged at the Civil Service Training and Development Institute ("CSTDI") for the some, PROs and Deputy Presiding Officers. The EAC Chairman personally attended all these eight intensive briefing sessions and took part in the casestudy workshop thereof on how to handle complaints from the electors at the polling stations. Four separate briefing sessions were arranged for those who were to man the EC/SFC polling stations, the Assistant Presiding Officers (Statistics), Polling Officers (Statistics) and the liaison staff of thehad'sdos. Section 9 : Appointment of Returning Officers and Assistant Returning Officers 7.6 For the EC subsector elections, 44 officers were appointed by the EAC as ROs and Assistant Returning Officers ("AROs"). Twentytwo lawyers from the Department of Justice ("D of J") were appointed to serve as AROs (Legal), whose primary duty was to provide legal advice to the ROs on the polling day and during the count on various matters, particularly determining the validity of questionable ballot papers.

60 For the general election, there were 9 ROs and AROs, and 26 AROs (Legal).

61 47 CHAPTER 8 COUNTING ARRANGEMENTS Section :The Election Committee Subsector Elections Section 2: The General Election Section 3 : The Goal and Achievement Section : The Election Committee Subsector Elections 8. About, serving civil servants were recruited to attend to the count for the EC subsector elections. Nine training sessions, with mock counting workshops, were organised for them. The ROs and AROs of the various subsectors were also invited to attend these training sessions. Two separate training sessions were organised for staff responsible for operating the Optical Mark Readers ("OMRs"). The OMR was last used for vote counting in the 998 LegCo elections. The model used for this round was a much improved and upgraded version. 8.2 The counting station was established in Hall of the Hong Kong Convention & Exhibition Centre ("HKCEC") Phase II. In the station, there were 26 counting zones, one for each of the contested subsectors, under the supervision of the relevant RO. The physical layout was designed in such a way that the candidates and their agents

62 48 could move around freely to witness the count at a close distance without causing disruption to the counting process. This helped enhance the transparency of the counting process as well as facilitate a smooth flow of the count. Help desks were set up to provide ready assistance and advice to the counting staff. The help desks were manned by REO staff who were well conversant with the counting procedures and logistics. Section 2 : The General Election 8.3 A public consultation exercise was conducted in early 2 to seek the public's views on two options for conducting the count for the 2 LegCo elections: (a) each and every one of the polling stations to be used as a counting station after the close of poll and one central counting station ("CCS") for the PCs and the EC; or (b) a RCS, to be set up for each of the five GCs and one CCS to be set up for the FC and the EC. Having taken the various views into account, the Commission decided to adopt option (b). It was the first time counting of votes for GCs was conducted on a regional basis. 8.4 In consultation with the ROs of the five GCs, REO identified and designated the following venues as the RCSs: Hall 5B in the HKCEC for the Hong Kong Island GC, the Ground Floor Plaza in the Hong Kong International Trade and Exhibition Centre for the Kowloon East GC and Hall C of the same building for the New Territories East GC,

63 49 the Kowloon Park Indoor Games Hall for the Kowloon West GC, and the Shek Kip Mei Indoor Games Hall for the New Territories West GC. That venues in Kowloon, instead of in the New Territories, were selected as the RCSs for the New Territories GCs was due to the lack of suitable venues for the purpose in the New Territories. 8.5 The CCS for the PCs and EC was located in Hall 7 of the HKCEC Phase I. 8.6 About,4 civil servants were recruited to serve as counting staff for the GCs. A general briefing session, including a demonstration of the counting process, was held in late August for them. In addition, two intensive training sessions with mock counting exercises were conducted in early September for the counting staff, particularly the Counting Supervisors and the Assistant Counting Supervisors, involved in the count for the GCs so as to enable them to gain handson experience. Two other practical training sessions were organised for those responsible for operating the counting machines. 8.7 For the PCs and EC, a workforce of some, civil servants was recruited for the counting job. Eight training sessions were organised for them. As the OMR was used for counting the votes of the EC, a special training session was organised for the staff tasked with operating the OMR. Moreover, refresher sessions were held on 9

64 5 September 2 In the venue designated as the CCS for the counting staff to familiarise themselves with the physical setup of the CCS. 8.8 A system, known as the electoral information system, was designed for collecting, processing, updating and releasing the latest electionrelated information in respect of all the constituencies and the EC such as hourly voterturnout rates, results of segment counts and election results. Working side by side with this system were six sizeable video screens installed at the press centre in the Central Coordination Centre ("CCC") and the five RCSs. During the polling hours, the video screen at the press centre displayed the hourly voterturnout rates by polling stations, constituencies and the EC. During counting, the six video screens were networked. Apart from displaying the results of segment counts and election results, there was live broadcast of the counting process at the CCS and at each of the RCSs. The counting process of the CCS or any one of the RCSs could be viewed at the same time by the people staying in the other five counting stations. By constantly providing the media, candidates and their agents, and members of the public with the latest picture of what was going on at any one stage of the elections, the whole arrangement, which was used for the first time in local election history, had helped enhance the transparency of the elections.

65 5 Section 3 : The Goal and Achievement 8.9 The Commission has devoted a lot of efforts to making sure that the counting arrangements were reliable, conducted with the highest degree of transparency and completed with total accuracy. The Commission is convinced that these objectives have been folly achieved in the 2 LegCo elections. The Commission was aware of the public expectation for finishing the counts as early as possible. In this aspect, while there is still room for improvement, the results were generally satisfactory as the counting time for the general election was 45 hours shorter than that for the 998 LegCo general election.

66 52 PART THREE THE ELECTIONS

67 53 CHAPTER 9 THE EC SUBSECTOR ELECTIONS ON 9 JULY 2 Section : The Sectors and the Subsectors Section 2 : The Nomination of Candidates Section 3: The Poll Section 4: The OMR Section 5 : The Count Section 6 : The EAC Members' Visits Section 7: The Results Section : The Sectors and the Subsectors 9. Most of the 8 members of the EC were returned by election from four sectors. Each sector returned 2 members. These four sectors were subdivided into 38 subsectors. The sectors, subsectors and the number of EC members to be returned by each subsector, as set out in Part I of Schedule 2 to the LegCo Ord, are reproduced in Appendix II for easy reference. There were three subsectors which needed not return the EC members by election: the NPC subsector and the LegCo subsector, since the Hong Kong deputies to the NPC and the LegCo members were exofficio members of the EC;

68 54 and the religious subsector the EC members from which were to be returned by way of nomination. Section 2 : The Nomination of Candidates 9.2 During the nomination period from 3 May to 7 June 2, the ROs of all the 35 subsectors received a total of 9 nominations of candidates. Of these 9 nominated candidates: (a) three withdrew their nominations before the close of nomination (two from the Agriculture and Fisheries subsector and one from the Higher Education subsector); (b) three from the Health Services subsector were ruled invalidly nominated by the RO due to insufficient number of subscribers; (c) 82 validly nominated in nine subsectors and two subsubsectors 2 were returned uncontested; and (d) 723 validly nominated were to contest in the remaining 25 subsectors and two subsubsectors for 482 seats in the EC. 9.3 For the religious subsector, there were altogether 72 nominations received by the RO, which far exceeded the required number of members to be returned by this subsector, ie 4. The The nine uncontested subsectors were: Commercial (Second), Employers* Federation of Hong Kong, Hong Kong Chinese Enterprises Association, Hotel, Import and Export, Industrial (Second), Textiles and Garment, Agriculture and Fisheries and Chinese People's Political Consultative Conference. 2 The two uncontested subsubsectors were: Sports and Publication,

69 55 excessive nominations came from two religious denominations or designated bodies: the Catholic Diocese of Hong Kong and the Hong Kong Christian Council. To arrive at the required number of members to be returned by each of these two designated bodies, the decision was made by drawing lots, which was conducted in the morning on 2 June 2 by the RO, assisted by staff of the REO, in the presence of the representatives of the two designated bodies. Section 3 : The Poll 9.4 The subsector elections in 2 were held on a Sunday (9 July 2). This was for the sake of convenience of the voters. 9.5 One hundred polling stations served an electorate of 68,434 from 7.3 am to.3 pm on polling day. As mentioned in Chapter 7, the voters were allocated polling stations according to their residential address. This was another arrangement to make it convenient for the voters to cast their votes. As in 998, a voter of a subsector could also cast his/her vote for another subsector as an AR on behalf of a corporate voter, if he/she was one, at the same polling station. 9.6 A coordination centre was set up in Hall of the HKCEC Phase II to oversee all aspects of the operation, to collate statistics and to facilitate media coverage of the poll and the count. The centre

70 56 comprised a statistical information centre, a press area, booths for the various departments involved in the elections, an area for the candidates, their agents and the general public, and a stage for announcement of results. It operated from 7. am on 9 July to about 2 noon on July. 9.7 A command post was set up in the REO for providing logistical support to the polling and counting stations and emergency services when necessary. Fortunately, the emergency measures needed not be implemented. 9.8 The Police and the Civil Aid Services ("CAS") performed crowd control duties and maintained order in the polling stations and the NCZs and NSZs. The Police also escorted ballot boxes from the polling stations to the counting station after the close of poll. 9.9 To tie in with the use of the OMR for counting the votes, the ballot paper for subsector elections was so designed that the voter was required to fill out an ovalshaped blank against the name of the candidate of his/her choice by a felt pen provided inside the voting compartment, instead of using the chop with the " V " sign. 9. The poll went on smoothly and no serious problem was encountered. But the turnout rate of voters was hardly encouraging. Of the total electorate of 68,434 from the contested subsectors, only

71 57 32,823 turned up for the poll, a mere 9.49%. This was considerably lower than the 23.38% in respect of the 998 subsector elections. breakdown of the voter turnout rate is at Appendix X A Section 4 : The OMR 9. With a view to speeding up the counting process, the Commission sought help from high technology. One version of the OMR was used in the 998 LegCo elections and was considered worth being used again. Knowing that a more advanced model would be used in the London Mayor and Assembly Elections held in May 2, the EAC Chairman, accompanied by the CEO and staff members of the Constitutional Affairs Bureau ("CAB") and REO, went to London to observe those Elections and see how the machine worked. The UK experience showed that what had to be done in three days could be completed in one day with the use of the OMR. For the EC subsector elections, 2 OMRs complete with technical backup were hired at a total cost of HK$ 3 million. They proved to be of great help to the count Section 5 : The Count 9.2 The counting station was set up in Hall of the HKCEC Phase II, adjacent to the coordination centre. There were 26 counting zones, one for each of the contested subsectors and supervised by the

72 58 related RO. 9.3 The counting staff arrived at the counting station before the close of poll. The first ballot box was delivered to the counting station at. pm and was opened by the Secretary for Constitutional Affairs, the EAC Chairman and Members and the Chief Returning Officer. Thereafter the count started. As a first step, ballot boxes were delivered to the counting zones. The boxes were then opened and ballot papers contained therein were verified against the ballot paper accounts and sorted according to the subsectors. At a later stage, the sorted ballot papers were delivered to the counting zones of the relevant subsectors where initial screening was done manually and actual counting of votes was conducted by the OMR. The ROs were tasked with the responsibility of determining the validity of questionable ballot papers. This was done in the presence of the candidates and the agents who were staying at the counting station. 734 ballot papers were ruled invalid, which far outnumbered the 353 in the 998 subsector elections (see Appendix XII). 9.4 The count proceeded without hiccups. The first election result was announced at 3.3 am on July 2 (the day following the polling day). The results of the majority of the subsectors were announced before 6 am that day. The count for the Education subsector, the subsector with the largest electorate, was completed by 7.3 am.

73 59 The entire counting process took about eight hours to complete, a relatively shorter time when compared with the 998 subsector elections. Section 6 : The EAC Members 9 Visits 9.5 To have a clear onthespot picture of the poll, the EAC Chairman and Members separately visited a number of polling stations. The visits started at 9.3 am and ended at about 5.5 pm. They met the press before they started off and after they finished. They were satisfied with the polling arrangements. 9.6 The EAC Chairman and Members also visited the counting station to observe the counting process. They noted that the count was conducted smoothly without any difficulty. The OMR operated efficiently as expected, substantially speeding up the counting process. Section 7 : The Results 9.7 The election results were published in the Gazette on two different dates: names of the uncontested candidates on 4 June 2 and names of those who won in the elections on 3 July 2. A list of the result is at Appendix XI. An analysis of the rejected ballot papers is at Appendix XII. 9.8 The EC thus formed comprised 9 exofficio members, 4

74 6 members nominated from the Religious subsector, 82 returned uncontested and 482 returned contested from the elections, making a total of 794 members. This falls short of the generallyknown figure of 8 by six because (a) four members had dual capacities, ie they were both deputies to the NPC and LegCo members, (b) one LegCo member had resigned from the Council before the term of office ended on 3 June 2, and (c) one deputy to the NPC could not be an EC member for not being a permanent resident of Hong Kong.

75 6 CHAPTER THE GENERAL ELECTION ON SEPTEMBER 2 Section : The Constituencies and the Election Committee Section 2 : The Electorates Section 3 : The Nomination of Candidates Section 4 : The Poll Section 5 : The Count Section 6 : The EAC Members 5 Visits Section 7 : General Observations Section : The Constituencies and the Election Committee. The general election was held to return 24 members from five GCs, 3 members from 28 PCs and six members from the EC. These 6 members make up the second term of office of the LegCo..2 The five GCs, the 28 PCs and the number of members to be returned from each of them are listed in Appendix XTIT. With the dissolution of the Provisional Regional Council and the Provisional Urban Council, the former Regional Council FC and the Urban Council FC were replaced by two new PCs, namely, the Catering and District

76 62 Council PCs..3 The EC, formed by the subsector elections on 9 July 2, was to return six members of the LegCo. Section 2 : The Electorates.4 According to the FRs for the GCs and PCs published on 25 May 2, there were 3,55,378 electors for the GCs and 75,66 electors for the PCs. A breakdown of the number of electors on a constituency basis of the GCs and that of the PCs are at Appendices VT and VII respectively. Section 3 : The Nomination of Candidates.5 During the nomination period from 2 July to 2 August 2, the ROs received 38 nominations from 38 lists comprising a total of 9 candidates for the GC election, 57 nominations for the FC election and nominations for the EC election..6 Of the 38 candidate lists for the GC election, a oneman list in the Kowloon East GC withdrew his nomination and another oneman

77 63 list in the Kowloon West GC was ruled invalidly nominated by the RO for his failure to tender the required amount of election deposit. Hence 36 lists comprising 88 candidates remained to contest the 24 seats for the five GCs. EC.7 There was no withdrawal from the FC candidates nor was there any nomination being ruled invalid by the ROs. However, nine candidates were returned uncontested in their own FC, leaving 48 candidates from 9 PCs to vie for the remaining 2 seats. EC.8 As regards the EC, there was no withdrawal or invalid nomination; candidates contested the six seats. Section 4 : The Poll.9 The poll started at 7.3 am on September 2 and ended at.3 pm. All of the 526 polling stations were open for operation.. A CCC was set up in Hall 7 of the HKCEC Phase I to oversee all aspects of operation of the election, to serve as a central point

78 64 of communication with all of the polling stations and RCSs. There was a statistical information centre to collate all statistical information, a press centre with booths for the electronic media, an area for the candidates (and their agents) and the general public, rooms for the EAC and the bureaux and departments involved in the election, a stage for public announcement of election results, and an area for displaying electoral information.. Electoral information, such as the hourly elector turnout rates, segment count results progress, and election results, etc, used to be updated and displayed for public attention manually. For the 2 LegCo general election, however, a computerised system was used for the first time in the CCC to display the relevant information. The dissemination of the information was much quicker and more graphic..2 The poll encountered no serious problems throughout. There were inevitably complaints lodged in particular by the candidates, their agents and the electors; but they were not of a serious nature..3 A command post was set up at the REO to liaise with the polling and counting stations on matters relating to logistical support. As a contingency measure, five emergency depots were also set up on the polling day, one on the Hong Kong Island, two in Kowloon and two in the New Territories. These depots were to replenish the stock of

79 65 necessary equipment, facilities and other stores items for the polling and counting stations on a need basis. A special team of reserve polling and counting staff also stationed at each of these depots to cope with unexpected situations. not be deployed. Fortunately these emergency measures needed.4 For the GC election,,33,8 electors turned up for the poll, ie 43.57% of the electorate of 3,55,378. For the FC election, 92,2 electors cast their votes, amounting to 56.5% of the total electorate of 63,26 from the contested PCs. For the EC election, 748, representing 95.53% of the 783 EC members who were entitled to vote at the EC election. A breakdown of the turnout rate is at Appendix XIV..5 Not much could be said about the elector turnout rates, which were considered to be generally comparable to previous rates except that in the 998 GC election. The unprecedented 53.29% turnout rate in 998 GC election will be a record which would take a much higher level of commitment from all parties concerned, in particular on the part of the electors, to surpass. Section 5 : The Count.6 The counting of GC, FC and EC ballot papers was conducted at different venues. The GC count was done at the five RCSs

80 66 while the FC count and that for the EC were held at the CCS in Hall 7 of the HKCEC Phase I. GCs.7 For the GC count, the first ballot box was opened at about.3 pm on September 2 at the Kowloon West GC RCS in the Kowloon Park Indoor Games Hall. At the Hong Kong Island GC RCS, the Chief Executive, accompanied by the Secretary for Constitutional Affairs and the EAC Chairman and Members, opened the first ballot box. Thereafter the count for the Hong Kong Island GC commenced. At the other RCSs, the count started off once the RO announced the arrival of the first ballot box..8 Since both GC and FC ballot papers were cast at the polling stations, there was the problem of misplaced ballot papers, ie GC ballot papers inadvertently misplaced into the FC ballot box and vice versa. To tackle this problem, all the ballot boxes for the GCs and PCs had to be opened immediately on arrival at the counting station so that all misplaced ballot papers could be taken out and the ballot paper accounts verified right away. The misplaced ballot papers were then delivered to the CCS or the relevant RCSs so as not to delay the counting process..9 The operation of the RCSs was on the whole smooth and

81 67 efficient. The counting staff showed their perseverance in discharging their duties though they were working under immense pressure from their appreciation that the media and the candidates were urging for early announcement of results. The count was generally conducted in a systematic manner with a high degree of transparency and total accuracy..2 A support team comprising officers from the CAB and REO who served as AROs(Support) and an Electoral Assistant from the REO well conversant with the counting procedures and logistics was stationed at each RCS to provide advice and assistance to the counting staff whenever required. The AROs(Support) were also tasked with the responsibility of delivering the misplaced ballot papers between the CCS and the RCSs. This arrangement proved to be effective and achieved the desired results..2 All the counted and rejected ballot papers together with the counting records were collected by staff of the REO for safe custody after the count..22 The Kowloon West GC was the first GC to announce the election result at about 8.5 am on the day following the polling day, ie September 2. The New Territories West GC was the last to announce its result at about 2.45 pm on September 2. This was probably due to the relatively large number of lists () and the size of

82 68 electorate of the New Territories West GC (79,75, the largest among the 5 GCs)..23 The election result of the GC election was published in the Gazette on 8 September 2. A list of the result is at Appendix XV. FCs and EC.24 For the FCs and the EC, staff of the REO and counting staff received the ballot boxes at the unloading area at the ground level of the HKCEC and escorted them to the CCS. The FC ballot boxes from the 522 polling stations were opened by the ROs at the 8 FC counting zones while those from the four EC/SFC polling stations were opened at the Transport FC (the only contested SFC) and EC counting zones. Ballot papers were verified, sorted and sealed according to the relevant FCs and then delivered to the relevant FC counting zones. The misplaced GC ballot papers were handled by the Counting Supervisor (General) and delivered to the five RCSs by the AROs(Support) immediately after all the ballot boxes were opened..25 After all the ballot boxes were opened and the ballot paper accounts verified, the count started. The Transport FC was the first FC to announce its result when the count was completed at 2.3 am on September 2. This was two and a half hours earlier than in the 998

83 69 general election. The election results of the remaining PCs were announced one after the other within an hour from 7 am to 8 am on September The counting of the EC votes was unfortunately delayed by the existence of two pairs of ballot papers which bore identical barcodes, causing the OMR to record the votes of only two of these four ballot papers, instead of all four of them. It took more than two hours to spot this anomaly and rectify it. The EC election result was eventually announced at about 5 am on September Save for the matter referred to in the preceding paragraph, the CCS and RCSs operated without difficulty. The counting staff worked devotedly and their team spirit was impressive. With the assistance of the Police, CAS and the contract labourers, the delivery and unloading of the ballot boxes from the 526 polling stations to the CCS and RCSs were most efficiently completed..28 All the counted and rejected ballot papers together with the counting records were kept by the staff of the REO for safe custody after the count..29 The results of the FC and EC elections were published in the Gazette on 8 September 2 while the names of the candidates of the

84 7 uncontested PCs were published earlier in the Gazette on August 2. Lists of the results of the FC and EC elections are at Appendices XVT and XVII respectively. An analysis of the rejected GC, FC and EC ballot papers is at Appendix XVIII. Section 6 : The EAC Members' Visits.3 It has always been the wish of the Commission to have firsthand knowledge of what is actually happening on the scene during an election. The Chairman and the Members, as in previous elections, visited the polling stations separately on the polling day. The visits started at 9.3 am and ended at about 5. pm. They met the press before they started their itineraries. They gathered at the conclusion of their visits and gave a press briefing again. They were satisfied with the polling arrangements..3 After the close of poll, the Commission visited the counting stations to witness the counting process. The Chairman and the Members visited the CCS and the Hong Kong Island GC RCS at the HKCEC at about :45 pm. Thereafter Mr Norman LEUNG visited the Kowloon West GC RCS at the Kowloon Park Indoor Games Hall and the New Territories West GC RCS at the Shek Kip Mei Park Indoor Games Hall, and Dr Elizabeth SFflNG visited the Kowloon East GC RCS and the New Territories East GC RCS, both at the Hong Kong International

85 7 Trade and Exhibition Centre, while the Chairman stayed at the CCS and the Hong Kong Island GC RCS. Section 7 : General Observations.32 Both the poll and the count proceeded smoothly and no serious problem was encountered. There was a marked improvement in the speed of the count as compared with that in the 998 general election. This time, the entire counting process, involving some,423,94 ballot papers, was completed at 2.45 pm on the day following the polling day whereas it was 5 pm on the day following the polling day in Another point worth mentioning is the extensive media coverage of the poll and the count. This helped a lot in bringing about greater transparency of the event.

86 72 PART FOUR CHANNELS FOR VOICES

87 73 CHAPTER COMPLAINTS Section : A General View Section 2 : The Complaints Avenues and the Complaints Committee Section 3 : The Complaints Period and Procedure Section 4 : The Complaints Number, Nature and Categories Section 5 : Handling of Complaints on the Polling Days Section 6 : Outcome of Investigations Section 7 : Warnings and Censures Section : A General View. In an open community, people would like to see that such values as justice, fairness and equality are being safeguarded under all circumstances in every aspect of life. When there are acts, situations or phenomena which they perceive are jeopardising these values, people will air their dissatisfaction in the hope that remedial measures will be taken. In short, they complain. Complaints sometimes are conducive to unveiling the truth and deficiencies. A vent for the people to air their grievances is therefore most essential.

88 74.2 The Commission takes a serious look at complaints and recognises the need to establish a mechanism for handling complaints. The aim is to ascertain the truth of the matters complained of to ensure that the law and the Guidelines are strictly complied with and that the mechanism is not being abused. This will help the elections be conducted in an open, fair and honest manner. Section 2 : The Complaints Avenues and the Complaints Committee.3 There were four entities to which electionrelated complaints could be lodged, namely, the Police, the ICAC, the ROs and the EAC or its Complaints Committtee ("CC") with the REO as its executive arm..4 Insofar as the EAC is concerned, the Commission established a CC to handle complaints. The CC comprised the EAC Chairman (who served as the CC Chairman), the EAC Members and His Honour District Judge Stephen CHOW. A government lawyer working in D of J, nominated by the Secretary for Justice, served as the legal adviser to the CC..5 Under the auspices of the CC, four Vetting Groups ("VGs") were formed to vet the complaint cases. Each VG handled the cases according to a roster shown as follows:

89 75 Received on* Tuesdays and Wednesdays Thursdays Fridays Saturdays and Mondays Complaints Vetted by " Mr Justice Woo Mr Norman Leung Dr Elizabeth Shing Judge Chow (*N.B. Cases lodged against the same complainee would be allocated to the same VG even though they were received on different days of the week.) Section 3 : The Complaints Period and Procedure.6 For the EC subsector elections, complaints started to come in on 3 May 2 when the nomination period commenced. The CC continued to receive complaints till 23 August 2,45 days after the polling day (9 July 2). Given that at least 4 working days would be required to complete the entire investigation process for a complaint case, the CC would have up to 7 September 2 to complete its task..7 For the general election, the CC started to receive complaints from 2 July 2, the commencement date of the nomination period. Again, complaints were entertained up to 45 days after the polling day ( September 2). With the 4 working days to follow after this 45day period, the CC would have up to 9 November

90 76 2 to complete its task..8 The complaints handling procedure was detailed in Chapter 7 of the Guidelines published on 5 May 2 for reference by the general public, the candidates and the electorate..9 A complainant could lodge his/her complaint direct with the CC in writing, or orally in person or over the phone. would be recorded in writing by staff of the REO. An oral complaint The Complaints Unit of the REO would study the complaints, obtained additional information whenever necessary and produced summaries of the cases containing observations and recommendations for consideration of the VG concerned. A copy of each of those case summaries submitted to the VGs other than the CC Chairman would also be submitted to the CC Chairman, who would help maintain a consistent standard of vetting the cases among the VGs. The VG alone would decide on the cases submitted to him/her. It was only when the VG considered it necessary to seek the views of the CC on a certain case would that case be put up to the CC for deliberation. This procedure was in fact a simplified version of the previous procedure adopted in the 999 District Councils Election. It had proved to be successful in speeding up the vetting process.

91 77 Section 4 : The Complaints Number, Nature and Categories. For the EC subsector elections, the CC handled altogether 48 electionrelated complaint cases as at 23 August 2, the closing date of the complaints handling period. These 48 cases included 32 cases which were lodged to the PROs direct on the polling day. A breakdown of the 48 cases by nature is at Appendix XTX. In addition, one case was received and handled by RO (Financial Services). There were also 2 cases received by the ICAC and five by the Police.. For the general election, a total of 754 complaint cases were received by the CC as at 25 October 2, the closing date of the complaints handling period. There were also 74 cases received by the ROs, 3 by the ICAC and 249 by the Police. Breakdowns of the complaint cases handled by the CC, ROs, ICAC and Police by number and nature of the complaints are at Appendices XX to XXIII. A complaint might appear in more than one of these appendices as it could have been handled by more than one party. To give a clear picture of the actual number of complaint cases received during the complaints handling period of the general election, a table showing the net number of cases (,627) is at Appendix XXIV..2 Amongst the,627 complaints, a great number involved allegations relating to:

92 78 (a) display of election advertisements: 55; (b) noise nuisance arising from the use of loudspeakers and telephone canvassing: 357; (c) canvassing activities in NCZs/NSZs: 3; (d) complaints against polling staff: 93; and (e) electioneering activities on private premises: The complaint cases of both the EC subsector elections and the general election could be generally categorised as follows: Category I Complaints within the exclusive jurisdiction of the EAC not covered by any statutory provisions imposing criminal penalty: such complaints were dealt with by the CC and ROs under the EAC's delegated authority. Category II Complaints that might involve criminal liability including breaches of the EAC(EP)(LC) Reg but not breaches of the provisions of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) ("E(CIC) Ord"), the Prevention of Bribery Ordinance (Cap 2) ("FOB Ord") and the Independent Commission Against Corruption Ordinance (Cap 24) ("ICAC Ord"): such complaints were dealt with by the Police.

93 79 Category III Complaints related to breaches of the provisions of the E(CIC) Ord, FOB Ord and ICAC Ord: such complaints were dealt with exclusively by the ICAC..4 In the course of investigating the Category III cases, if matters involving breaches of the EAC(EP)(LC) Reg were revealed, the ICAC would also investigate them. However, depending on the circumstances of each case, the ICAC might also refer such cases to the Police for action. Section 5 : Handling of Complaints on the Polling Days.5 To deal with complaints lodged by the general public on the polling days (9 July and September 2), a complaints centre was set up in the REO on each of these days. There were complaint hotlines installed to handle the incoming calls from complainants. The centre operated from 73 am till.3 pm. Apart from complaints lodged direct by members of the public, there were cases referred by the ROs and PROs..6 For the EC subsector elections, the total number of complaint cases received on the polling day was 33, of which one was received direct by the complaints centre and 32 were received by the staff

94 8 of the polling stations..7 For the general election, the total number of complaint cases received on the polling day was,427, of which 463 were received by the complaints centre direct, 429 by the polling staff and 535 by the ROs..8 The majority of these pollingday complaints were related to onthespot incidents. These had to be, and in fact were, dealt with immediately and any problems resolved expeditiously, for there would be no point in taking followup action on these complaints on the following days when the issues in question might have long been overtaken by events, eg illegal electioneering activities conducted in the NCZs, noise nuisances caused by the use of the loudspeakers, etc..9 Most complaints received by the complaints centre came in on the hotlines and some came by fax. Records of the verbal complaints were promptly made. These records as well as the faxed complaints were immediately passed to the action officers who would study them speedily but thoroughly before referring them to the appropriate authorities for followup action. Similarly, complaints received by the polling staff and ROs were handled without delay..2 There were however cases which could not be resolved right away on the spot. Followup action on these cases had to take a longer

95 8 time, eg investigation conducted by ICAC into allegations concerning possible breaches of the ICACadministered ordinances, and investigation into complaints against polling station staff, etc..2 Of the 33 complaint cases received on the polling day of the EC subsector elections, 2, or %, were resolved on the spot. These were later submitted to the CC in one batch for information and comments. The remaining 2 cases, which were not straightforward ones, were submitted to the VGs for consideration after the polling day,.22 Of the,427 cases received on the polling day of the general election,,65, or 8.64%, were resolved on the spot. These were also submitted to the CC in one batch for information and comments. The remaining 62 not so straightforward cases were submitted to the CC/VGs for consideration after the polling day. Section 6 : Outcome of Investigations.23 The breakdown of the outcomes of cases in respect of both the subsector and general elections investigated by the CC, the ROs, the ICAC and the Police can be found in Appendices XXV to XXVIII. In essence, the CC has found 99 cases substantiated or partially substantiated and the ROs 38. So far (as at 24 November 2), the Police has found cases substantiated or partially substantiated and the

96 82 ICAC none. Section 7 : Warnings and Censures.24 For those cases found substantiated, the EAC issued warning letters to the complainees concerned. A breakdown of these warnings by the nature of breaches committed is shown at Appendix XXIX..25 In one case, in view of the seriousness of the offence committed, the Commission issued a warning letter to a school principal as well as 32 other principals working in the same group of schools for their breach of the Guidelines in distributing promotional material to the pupils' parents/guardians through the pupils themselves for one of the candidates of the Education subsector in the EC subsector elections, who happened to be the supervisor of these principals. The warnings were issued in the form of a public statement to apprise the large number of parents involved and to deter recurrence of breaches of electoral rules and the Guidelines. The press releases on these warnings are at Appendices XXX and XXXT..26 The Commission also issued public censures against Mr TANG Siutong, Mr Frederick FUNG Kinkee and the list of Mr Jasper TSANG Yoksing, candidates of the GC election for their repeated breaches of the Guidelines in displaying their election advertisements

97 83 without authorisation despite continual warnings. The censure statements against these candidates are at Appendices XXXII to XXXIV..27 In issuing warnings and censures the Commission aimed at upholding the principle that elections should be held in an open, fair and honest manner. The Commission could not tolerate blatant disregard of the law and the Guidelines.

98 84 PART FIVE LOOKING BACK

99 85 CHAPTER 2 THE REVIEW AND RECOMMENDATIONS Section : The Scope of the Review Section 2 : Review & Recommendations Matters relating to the Preparation for the Polling Day Section 3 : Review & Recommendations Matters relating to Operation on the Polling Day Section 4 : Review & Recommendations Complaints Section 5 : Review & Recommendations the Guidelines Section 6 : Recommendation to Publish the Report Section : The Scope of the Review 2. It is an established practice of the Commission to conduct a review of the procedural and operational arrangements of an election each time after the election has been conducted. This enables the Commission to look for ways to bring about improvements to areas where deficiencies and shortcomings are identified in the electoral arrangements. 2.2 After the general election held on September 2, the Commission with the assistance of staff of the REO conducted a

100 86 comprehensive review of the 2 LegCo elections. The CAB also held meetings with ROs and representatives of departments to review various matters relating to the elections, and very helpfully provided their views to the Commission. 2.3 The matters reviewed and covered in this chapter encompass the whole range of procedures and arrangements adopted for the conduct of the 2 LegCo elections. The proposals or recommendations put forth may, however, need to be modified and finetuned, were they to be t implemented, in the light of future developments. The significant points reviewed and the related recommendations are set out in the following paragraphs. Section 2 : Review & Recommendations Matters relating to the Preparation for the Polling Day (A) Bilingual Presentation of the Candidates' Platforms 2.4 The Commission received a complaint from a nonchinese speaking elector that the platforms of most of the candidates as shown in the introductory leaflet produced by the REO were presented In Chinese only, which she could not understand and hence made It difficult for her to make her choice sensibly.

101 Recommendation: Although candidates have been advised to present their particulars and platforms bilingually as far as possible in the introductory leaflet, the fact remains that the form of presentation is purely a matter for the candidates themselves. The Commission will, however, continue to remind candidates to have regard to the fact that some voters/electors do not understand Chinese. (B) The Voting Systems 2.6 There have been complaints that to the general public, particularly the GC electors, the list system is complicated and hard to understand. 2.7 Recommendation: While the issue of voting systems is a policy issue and is within the CAB's purview, the Commission considers it useful if publicity on the voting systems could be stepped up so as to enable the general public to have a clearer picture of how the systems work. (C) Voter Registration 2.8 The REO received a few complaints against the voter registration assistants employed for conducting the household visits. One complaint was about a voter registration assistant having changed

102 the floor number in an elector's address while his duty was to verify the elector's registered particulars during the visit. The change did not come about on the advice of the elector but of the voter registration assistant's own accord, based on his erroneous interpretation of the numbering of the floors. On receipt of the complaint from one of the affected electors, the REO carried out a thorough check of the registered addresses of all the electors residing in the same building and found that similar changes had been made to two other records. As the mistakes were discovered well before the polling day of the general election, the REO was able to rectify the situation in time and the poll cards were correctly sent to the electors concerned. 2.9 Another complaint came from a couple who had both handed in their registration forms to a voter registration assistant at the same time. Subsequently the wife was registered but not the husband. On investigation, the REO found that the husband's application was received after the registration deadline. Apparently, the voter registration assistant concerned had not followed the instructions laid down in the operational manual that registration forms collected in the day should be passed to the supervisor on the same day, who in turn should hand them over to the DO. 2. A potential FC elector complained that in the notification issued to him, the REO stated only one of the two PCs for which he was

103 89 eligible to be registered. He was of the view that this could mislead a recipient of such notification to believe that he was qualified only for the FC stated in the notification, thus limiting his choice of PCs for which he was actually eligible. For a potential elector who may be qualified for registration in more than one FC, the REO's computer system will randomly pick one of those PCs for issuing a notification. 2. Recommendations: (a) (b) Though the training and supervision of voter registration assistants were strengthened this time, the HAD and REO should, in future household visit exercises, consider incorporating past cases of negligence in the manual and briefing sessions to remind the voter registration assistants of the importance to follow strictly rules and procedures laid down in the operational manual and take due care in handling all registration forms and electoral records. Although the notification does remind the recipient that he/she can submit an application to register in another FC if he/she is eligible, and so wish to be registered, consideration would be given, where technically feasible, to listing in the notification those FCs for which a potential elector is known to the ERO to be eligible in addition to the one which the ERO proposes to register him/her. This would enable a potential FC elector to make his/her own choice of the FC

104 9 for which he/she would like to be registered. (D) Change of Address 2.2 There have been complaints from electors that though they have notified the REO of their change of address, they were not sent the poll card and the other election materials or they were still allocated a polling station near their former place of residence. 2.3 Under the existing electoral legislation, an elector is allocated a constituency and polling station according to his/her residential address as recorded in the final register of electors. The register is published annually. Once the final register is published, no alteration to the electoral particulars contained therein is allowed. As the statutory deadline for publication of the final register is 25 May, electors who have changed address must notify the REO not later than 29 April for the new address to be reflected in the final register. Notices of change received after that date can only be updated in the final register to be published in the following year. For the LegCo election, when the REO received notices of change of address after the cutoff date, they would write to inform the electors concerned that because of the statutory requirement, their registered address could not be updated in the final register for the current year and therefore they would be allocated a polling station on the basis of their old address. To enable those electors

105 9 to receive their poll cards and other election mailings, the REO would in the meantime use their new address as their correspondence address to communicate with them, 2.4 Recommendation: The REO should continue with the current arrangement. (E) Maximum Number of Subscribers 2.5 One of the lists from the Hong Kong Island GC sent in their nomination form with names of over, subscribers despite the fact that the legal minimum requirement was only. Since an elector cannot subscribe more than one nomination list, each and every name of the, subscribers had to be checked and verified to see if they were eligible and if any one of them had subscribed more than once. The long list of subscribers over, names had made the checking and verification by staff of the ROs extremely time consuming and had hindered the checking and verification of subscribers of other nominations because of the lockin effect. 2.6 Recommendation: At present, while the minimum number of subscribers for a GC candidate list or an FC/EC candidate is specified, there is no maximum limit set. Consideration should be given to imposing a maximum limit on the number of subscribers for a GC

106 92 candidate list and an FC/EC candidate to prevent the list/candidate from submitting an exceedingly large number of subscribers. (F) Verification of Subscribers' Information 2.7 The EAC(EP)(LC) Reg requires subscribers to provide their "registered residential addresses" on the nomination form. Such a requirement was not essential in determining the eligibility of the subscribers. Indeed, many subscribers have naturally put in their office address and resulted in the candidates having to provide additional subscribers because the addresses were not the registered residential addresses recorded on the FR. 2.8 Recommendation: Consideration should be given to amending the EAC(EP)(LC) Reg to remove the requirement on registered residential address. This measure also lends support to the course recommended in paragraph 2.6 above. (G) Withdrawal of Candidature after Close of Nomination 2.9 Under the existing electoral legislation, a candidate cannot withdraw his/her candidature from an election after the nomination period ends. The case of Gary CHENG Kainam has given rise to the public's query as to whether there needs to be a provision for a candidate

107 93 to withdraw from an election after the nomination period under exceptional circumstances. 2.2 There have been ideas put forth that if Mr. CHENG were allowed to withdraw his nomination after the close of nomination, extra efforts, resources and time on the parts of all parties concerned could have been saved. 2.2 Recommendation: This is a matter outside the ambit of the Commission. In view of the strong public views, it would be useful, however, if CAB, which is responsible for electoral policies, would examine the pros and cons of allowing candidates to do so under certain circumstances and make its decision known to the public in due course. (H) Display of Election Advertisements 2.22 One uncontested candidate has asked for allocation of election advertisement display spots even though electioneering activities were unnecessary Recommendation; Consideration should be given to allocating election advertisement display spots to contested candidates only as they are genuinely in need of these spots for their campaigning.

108 94 (I) Training for Polling Staff 2.24 The training provided for the polling staff is on the whole useful and effective. However, there are still some areas where improvement should be considered Recommendations: (a) The polling staff should be given clearer guidelines on handling cases regarding electors bringing along the introductory leaflet on candidates to the polling station. This arises from a complaint case in which a polling officer stopped an elector from reading the introductory leaflet on candidates inside the polling station, thinking that the leaflet was an election advertisement. On the advice of D of J? the leaflet should not be taken as an election advertisement. The polling staff need be clearly briefed on cases of this nature. (b) The PROs should be asked to pay more attention in ensuring that electoral documents are properly completed and ballot boxes properly sealed after the close of poll (c) The PROs and other polling staff should be reminded to strictly observe the requirement that two polling officers should be present to render assistance to those electors who need such assistance in marking the ballot paper. A

109 95 member of the public has made the same suggestion to the Commission, while this requirement has in fact been stated in the Guidelines, the EAC(EP)(LC) Reg and the operational manual for polling staff. It appears that some polling staff had forgotten to observe this requirement. (J) Design of the Ballot Papers for the GC and FC Elections 2.26 The OMR system used in the counting of votes for the EC subsector and EC elections proved to be useful and efficient. It could not however be extended to the counting of votes for GC and FC elections in part because the design of the relevant ballot papers did not suit the system, and in part because the relevant regulation restricted counting to a manual process Recommendation: Consideration should be given to extending the use of the OMR system to the counting of votes for GC and FC elections by redesigning the ballot papers for the GC and FC elections so that they can be fed into and read by the OMR, and by suitably amending the EAC(EP)(LC) Reg. (K) The Poll Card 2.28 There were complaints from electors that they did not

110 96 receive their p n card for reasons unknown. Some of them requested the poll cards be reissued to them because they thought it was a must for them to bring their poll cards along to the polling station Recommendations: (a) Though there is no way to explain why some of the poll cards have gone astray, the Hongkong Post will be requested to exercise extra care in the delivery process. (b) More publicity will be needed to inform the public that it is not a must for the electors to bring along their poll cards to the polling station. It will suffice for them to produce their identity card to be issued a ballot paper. (L) Training for Counting 23 The intensive training sessions for the counting staff, in the form of briefings and handson training workshops, were useful. The complementary refresher briefing sessions, held shortly before the polling day, were of a great help to the counting staff in that they had a chance to be reminded of what they had been briefed before. This would reduce the chance of making mistakes. 2.3 Recommendation: The provision of training sessions, including the refresher sessions, should continue.

111 97 (M) Venues for Conducting the Counts 2.32 The decentralised counting of GC votes still took quite some time to complete and fell short of what the public, particularly the candidates, expected Recommendation: It would be worthwhile to reexamine the possibility of conducting the count of GC ballot papers at individual polling station after close of poll. This would cut the delays caused by transportation of ballot boxes from individual polling stations to the RCSs. Questionable ballot papers may be centrally determined by the RO to allay the fear of candidates that they would not be able to field sufficient manpower to observe the count at polling stations. The other alternative will be to revert to centralised counting but employing OMRs to speed up the count. The cost effectiveness of either option has to be carefully examined. Section 3 : Review & Recommendations Matters relating to Operation on the Polling Day (A) Polling Hours 2.34 There have been suggestions that the polling hours should be shortened; 5 hours is unnecessarily long. This suggestion has probably

112 98 been made on the assumption/belief that when elections are held on a Sunday, the majority of the electorate will be free to vote, whereas if an election is held on a weekday, most electors will have to cast their votes before or after their working hours. It is also argued that longer polling hours does not necessarily entail a higher turnout rate of electors Recommendation: Consideration should be given as to whether the polling hours should be shortened. The Commission would consult the public on this before a decision is made. (B) Verification of Ballot Paper Account etc At present, the law requires that before the commencement of the actual counting of votes, the ballot paper account of a polling station should first be verified and the ballot papers from not less than two polling stations should be mixed before counting. There was concern that these two requirements might be the main causes for the long counting time Recommendation: The original idea of the requirement of mixing the ballot papers from not less than two polling stations is to preserve vote secrecy in a particularly small polling station. Given that the relatively large size of electorate covered by a polling station nowadays, consideration should be given to waiving this requirement for

113 99 future elections. When the counting of votes for individual candidates is completed, the ballot paper account may be verified by checking against the summation of valid votes cast for individual candidates and invalid ballot papers. This should obviate the need for tallying the number of ballot papers with the number recorded on the ballot paper account before the counting of votes. be given before a decision is made. Further thoughts, however, should (C) Identical Barcodes 2.38 During the counting of EC votes on September 2, two pairs of ballot papers were found to be bearing identical barcodes, which caused the OMR to record the votes on only two of these four ballot papers, instead of all four of them. The time spent to rectify the discrepancies had resulted in delay in announcing the election result Recommendation: Investigations by the supplier of the OMR machines reveals that the duplication of barcodes was a result of a human error in the production of the ballot papers. If OMRs were to be used in future election, the supplier should be required to take precautionary measures to prevent the occurrence of such error.

114 (D) Chop with the "V" Sign 2.4 The use of the chop with the "V" sign for marking the ballot paper was well received. But there was a suggestion from a member of the public that a mark of some other design should be adopted in place of the current "V" mark since it looks like the Arabic numeral "7" if viewed from the pad end, which may cause confusion to some electors. 2.4 Recommendation : The arrangement of providing a chop with a "V" mark for electors to cast their votes should be retained unless there is serious public objection. The "V" sign has been used for the marking of the ballot paper for a number of years with considerable expenditure incurred in its promotion. Apparently the sign has been accepted by the public generally and has implanted in the minds of people in Hong Kong an association with casting votes. It would be a waste of public resources and effort and might cause confusion if another sign were introduced to replace the "V". However, in view of the suggestion of possible confusion, consideration should be given to redesigning the "V" mark on the chop so as to reduce or eliminate its resemblance to the numeral "7". (E) Specified Time to Seal the Ballot lrn X 2.42 There was a suggestion from a polling agent that the time for

115 sealing the ballot boxes should be specified in the relevant electoral regulation to facilitate the polling agents to witness the process and sign on the sealing certificate Recommendation: The PROs have already been instructed during the briefing sessions to seal the ballot boxes about 5 minutes before the start of poll at 7.3 am. The polling agent or other members of the public, however, might not know this. The Commission would consider specifying the time for sealing the ballot boxes (say, or 5 minutes before the start of poll) in the Guidelines. PROs will be asked to continue with the practice of inviting others present in the polling station to witness the sealing process if the candidates or their polling agents are not present at that point in time. (F) Electors Issued with Ballot Papers but not Casting Votes 2.44 There were incidents in which an elector, who had been issued her ballot paper, did not cast her vote for one reason or the other and left the polling station but returned later on to claim another ballot paper. This situation gave rise to disputes between the elector concerned and the polling staff. The polling staff very often found such situations difficult to handle.

116 Recommendations: (a) S 54 of the EAC(EP)(LC) Reg should be amended to the effect that if an elector has been issued with a ballot paper but chooses not to take it, he/she cannot return to the polling station later on and claim for that or another one. (b) S 6 of the EAC(EP)(LC) Reg should also be amended to the effect that if an elector who has been issued with a ballot paper leaves the polling station without casting his/her vote and returns later to claim for that or another ballot paper, the PRO may issue a tendered ballot paper to the elector only if he/she is not certain that the elector is the one who has been issued with a ballot paper earlier. (c) The Commission will also consider the feasibility of giving the PRO the discretion to reissue a ballot paper to an elector if, after having been issued with a ballot paper, the latter has to leave the polling station on emergency grounds and returns later. The PRO will reissue a ballot paper in the presence of the police officer on duty at the polling station. (G) Counting Station? 2.46 The setting up of help desks in the counting zones manned by Electoral Assistants who were well conversant with counting procedures and logistics was found by the counting staff to be useful

117 The display of examples of valid and invalid ballot papers in the counting hall helped the candidates/agents understand better the yardstick used in determining questionable ballot papers. Apart from enhancing transparency, it helped reduce arguments between the candidates and ROs on the validity of ballot papers and speed up the counting process Recommendation: These arrangements should continue. (H) Receipt of Election Promotional Items 2.49 There was a complaint case in which the complainant strongly resented the promotional mail items from candidates being sent to him, and also sought advice of the Privacy Commissioner for Personal Data ("PCPD"). It was noted in the guidance notes issued by the PCPD to the candidates that they should allow those individuals to whom their election advertisements are mailed to opt out of any subsequent mailings. 2.5 Recommendation: Under the LegCo Ord, candidates are entitled to send two letters to each elector free of postage. The Government should consider the implications of allowing electors to refuse election mail from candidates, bearing in mind each elector will receive an introductory leaflet from the REO containing candidates' particulars and platforms.

118 4 Section 4 : Review & Recommendations Complaints 2.5 The complaintshandling mechanism operated effectively throughout the election period as well as the 45day period that ensued. The simplified procedure of submitting a case to the VG for decision and to the CC only when the VG considered it necessary substantially helped speed up the handling process Another new arrangement was that cases involving the same complainee were submitted to the same VG. This helped the VG to keep track of the development of the case, appreciate other complaints against the same complainee and facilitate his/her vetting of the cases Recommendation: The new arrangements should continue to be adopted for future elections. Section 5 : Review & Recommendations the Guidelines 2.54 The Guidelines were on the whole well received and considered comprehensive by all parties concerned. There is, however, a new area which the Commission should consider to include in future issues of the Guidelines, namely, the attendance of public functions by senior government officials during the election period.

119 During the election period of the 2 LegCo general election, it came to the attention of the Commission that a newspaper report on a function attended by a senior government official also carried a large photograph of the senior government official taken with a candidate. The Commission considered that the publication of such a photograph might have given undue publicity to the candidate and was therefore unfair to the other candidates of the same constituency. It is advisable for senior government officials to exercise care in handling invitations to attend any function that may also be attended by candidates running for an approaching election. They should ask organisers of these functions to ensure that the occasion is not made use of by candidates to promote themselves Recommendation: Consideration should be given by the Commission whether proposed guidelines for the future should include a separate chapter on the participation of highranking officials of the Government of the HKSAR in functions during the election period. Section 6 : Recommendation to Publish the Report 2.57 While the EAC Ord requires the EAC to submit this report to the CE, it does not make any provision for the report to be released to the public. The EAC recommends that this report should go public, at a time the CE thinks fit, so that there will be full transparency of how the

120 6 EAC has performed its functions under the EAC Ord.

121 7 CHAPTER 3 ACKNOWLEDGEMENT 3. The 2 LegCo elections have been completed successfully. The arrangements in various aspects were satisfactorily effected and the expected standard of work was achieved. There was no serious problem encountered, though it was noted that there are still areas where improvement is desired. 3.2 For the successful conduct of the elections the Commission wishes to acknowledge its gratitude towards the following parties whose dedicated cooperation, unfailing assistance and concerted efforts should not go unnoticed CAB, CAS, CSTDI, Correctional Services Department, D of J, Drainage Services Department, Electrical and Mechanical Services Department, Fire Services Department, Food and Environmental Hygiene Department, Highways Department, Home Affairs Bureau, HAD, Hong Kong Observatory, Hong Kong Police Force, Hongkong Post, Housing Department, Imm D, ICAC, Information and Technology Services Department, ISD, Lands Department, Leisure and Cultural Services Department, Marine Department, Office of the Privacy Commissioner for Personal Data, Official Languages Agency, Printing Department, Radio Television Hong Kong, SWD and Transport Department.

122 8 3.3 The Commission is particularly thankful to the staff of the REO and the DOs of HAD, the officers serving as Chief Returning Officers, ROs and AROs, polling and counting staff and the legal practitioners serving on the NACs. 3.4 The Commission also expresses its appreciation to candidates and members of the public who complied with the electoral rules, regulations and Guidelines and who scrutinised the actions of the others. Thanks also go to the owners, tenants and those engaged in building management matters who strictly observed the rules and Guidelines relating to the conduct of electioneering activities on private premises and upheld the fair and equal treatment principle. 3.5 Members of the media contributed their lot in keeping track of the elections and electoral events. They assisted in making elections interesting to the public while at times exposed drawbacks in any of the guidelines or arrangements made under the EAC's auspices, presenting ideas to the EAC for improvement and enhancing transparency of the electoral process. The Commission is grateful to them. 3.6 Last but not least, the enthusiasm of the electors who participated in the poll must be recognised as their act made elections a meaningful event in our community.

123 9 PART SIX LOOKING FORWARD

124 4 THE 4. The Commission is always well prepared to perform its functions in the elections to come. Although the next major election, ie the District Councils election, will not be held until late 23, the Commission will remain committed to its responsibility in supervising the conduct of voter registration exercises in the Intervening period. It will embark on a comprehensive review of the overall electoral arrangements, with a view to Improving the quality of services to electors and candidates in future elections. It will also explore the feasibility of wider application of technology in polling and counting arrangements and also in voter registration. 4.2 The Commission will, as before, continue to make the best of its efforts to ensure that elections are conducted in an open, honest and fair manner. Needless to say, the Commission will also continue to perform its role independently and to uphold its apolitical and neutral status.

125 Ill APPENDICES

126 2 Appendix J (Page /4) A List of 28 Functional Constituencies and 38 Election Committee Subsectors (their relationship and whether an elector/voter has a choice) (A) FCs and their corresponding siibsectors Name of FC. HeungYeeKuk 2. Agriculture and Fisheries 3. Insurance 4. Transport 5. Accountancy 6. Architectural, Surveying and Planning 7. Commercial (First) 8. Commercial (Second) 9. Education. Engineering. Finance [2. Financial Services 3. Health Services [4. Import and Export 5. Industrial (First) 6. Industrial (Second) 7. Information Technology Type (Note ) Individual Body Body^ Body Individual Individual Body Mixed Individual Individual Body Mixed Individual Mixed Mixed Body Mixed Choice of FC No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Name of corresponding subsectorfs^ (Note 2) Heung Yee Kuk Agriculture and Fisheries Insurance Transport Accountancy Architectural, Surveying and Planning Commercial (First) Commercial (Second) (i) Education (ii) Higher Education Engineering 7 inance financial Services Health Services import and export ndustrial First) ndustrial Second) nformation Technology Choice of "optional subsectors" in specified cases (Note 2) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Remarks Subject to the choice of "optional subsectors" in Sfote 2, if eligible for both corresponding subsectors, must be registered in the Higher Education subsector.

127 3 AppendixJ (Page 2/4) 8. Labour 9. Legal 2. Medical 2. Real Estate and Construction 22, Social Welfare 23. Sports, Performing Arts, Culture and Publication 24, Textiles and Garment 25, Tourism 26. Wholesale and Retail 27, Catering 28. District Council Body Individual Individual Mixed Individual Mixed Mixed Body Mixed Mixed Individual Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Labour Legal Medical Real Estate and Construction Social Welfare Sports, Performing Arts, Culture and Publication Textiles and Garment (i) Tourism (ii) Hotel Wholesale and Retail Catering (i) Hong Kong and Kowloon District Councils ii) New Territories District Councils Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Subject to the choice of "optional subsectors" in Note 2, if eligible for both corresponding subsectors, must be registered in the Hotel subsector. Subject to the choice of "optional subsectors" in Note 2, members of the Hong Kong and icowloon District Councils must be registered in the long Kong and Cowloon District Councils subsector. and members of the New Territories District Councils must be registered n the New "erritories District Councils subsector.

128 4 Appendix! (Page 3/4) (B) EC subsectors for which no election is required (Note 4) Name of subsggtoj Religious National People's Congress Legislative Council Iyp (Note ) Individual Individual Individual (C) EC subsectors without a corresponding FC Name of subsector. Chinese Medicine 2. Chinese People's Political Consultative Conference 3. Employers' Federation of Hong Kong 4. Hong Kong Chinese Enterprises Association 5. Social Welfare (the part for corporate bodies only) (Note 5) Type (Note ) Individual Individual Body Mixed Body Choice of subsectors listed in Note 2 Yes Yes Yes Yes Yes Remark^ (Note 3) a 'listed subsector" a "listed subsector" a "listed subsector" Note : (a) 'Individual' denotes an FC / a subsector which consists only of natural persons; (b) 'Body' denotes an FC / a subsector which consists only of bodies; and (c) 'Mixed* denotes an FC / a subsector which consists of both natural persons and bodies. Note 2 : A subsector bearing the same or similar name as an FC is called a "corresponding subsector". Section 8(7)(c) of Schedule 2 of the LCO provides that a person who is registered, or has made an application to be registered, as an elector for an FC with a corresponding subsector may be registered only as a voter for that subsector (whether or not the person is eligible to be registered as a voter for any other subsector), except that, if the person is eligible to be registered for any of the following 5 subsectors : (a) Chinese Medicine; (b) Chinese People's Political Consultative Conference (also a "listed subsector");

129 5 Appetidi^J (Page 4/4) (c) Employers' Federation of Hong Kong (also a "listed subsector"); and (d) Hong Kong Chinese Enterprises Association (also a "listed subsector"); and (e) Social Welfare (the part for corporate bodies only) the person may choose to be registered as a voter in the corresponding subsector or in one of the above 5 subsectors for which he is eligible. The choice of subsector will not affect a person's registration in an FC. The above 5 subsectors are referred to as "optional subsectors" in Part IV of the Electoral Affairs Commission (Registration)(Electors of Functional Constituencies)(Voters for Subsectors) (Members of Election Committee)(Legislative Council) Regulation ("the Regulation"). Note 3 : Note 4: Note 5: Out of the 5 "optional subsectors", there are 3 "listed subsectors" referred to in Part IV of the Regulation. These "listed subsectors" have a small potential electorate. A special notification arrangement is provided for in section 5 of the Regulation to register as many voters out of the small potential electorate of these subsectors as possible. The Religious subsector is to return its EC members by nomination. The Hong Kong deputies to the National People's Congress and the Members of the Legislative Council will be exofficio members of the EC. A person is eligible to be registered as a voter for the Social Welfare optional subsector (the part for corporate bodies) if that person is eligible to be so registered by virtue of being corporate bodies specified in item 9(2) to (4) in Table 5 of section of Schedule 2 to the LegCo Ordinance.

130 6 Appendix TT (Page /3) No. of Members for the Election Committee, Its Sectors and Stibsectors FIRST SECTOR Item Subsector Number of members. Catering 2. Commercial (first) 2 3. Commercial (second) 2 4. Employers' Federation of Hong Kong 5. Finance 2 6. Financial services 2 7. Hong Kong Chinese Enterprises Association 8. Hotel 9. Import and export 2. Industrial (first) 2. Industrial (second) 2 2. Insurance 2 3. Real estate and construction 2 4. Textiles and garment 2 5. Tourism 2 6. Transport 2 7. Wholesale and retail 2

131 7 Appendix T (Page 2/3) SECOND SECTOR Item Subsector Number of members. Accountancy 2. Architectural, surveying and planning 3. Chinese medicine 4. Education 5. Engineering 6. Health services 7. Higher education 8. Information technology 9. Legal. Medical THIRD SECTOR Item Subsector Number of members. Agriculture and fisheries 2. Labour 3. Religious 4. Social welfare 5. Sports, performing arts, culture and publication

132 8 FOURTH SECTOR Appendix IT (Page 3/3) Item Subsector Constituents Number of members National People's Congress ("NPC") Legislative Council Chinese People's Political Consultative Conference ("CPPCC") Heung Yee Kuk Hong Kong and Kowloon District Councils New Territories District Councils Hong Kong deputies to the NPC. Members of the Legislative Council. Hong Kong members of the National Committee of the CPPCC, Chairman and ViceChairmen of the Heung Yee Kuk and the ExOfficio, Special and Coopted Councillors of the Full Council of the Heung Yee Kuk. Members of the Hong Kong and Kowloon Distruct Councils. Members of the New Territories District Councils

133 9 Appendiv Jft 2 Voter Registration Analysis of Claims Heard by Revising Officers Notices of Claim: 4 I. Geographical Constituencies ("GC"): 4 Nature of Claim Category Ruling of Revising Officer Subtotal Registration as an nonpermanent residents Allowed Dismissed 3 4 elector in GC Total (GC) 3 4 II. Functional Constituencies ("FC") and Election Committee subsectors: 36 Nature of Claim Category Ruling of Revising Officer Subtotal Registration in an FC and/or (a) not eligible for registration (b) application received after Allowed 2 Dismissed subsector statutory deadline (c) application was not received 7 7 Total (FC and subsector) GRAND TOTAL: Claims for GC, FC and subsector Note: No notice of objection was received.

134 Changes made to the 2 Final Register With approval of the Revising Officer under Section 8 of the Electoral Affairs Commission (Registration of Electors)(Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation and Section 34 of the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation Nature Voter registration applicants whose permanent resident status was established after the registration deadline of 63.2 Changes made to the Registers ("4" = addition of entries,"" = removal of entries) Geographical Constituencies Functional Constituencies Subsector 4225 f 4 Persons ceased to be eligible to be registered as investigation made by the ICAC on election related cases has confirmed that they no longer reside at the registered addresses et =s X <

135 2 Appendix V 2 Final Register for Geographical Constituencies Ages and Sex Profile of Electors Age Group Male Female Total 82 55,47 56,978 2, ,62, , ,663 2,9 247, ,667 47,42 294, ,9 2,57 42, ,44 24,52 48, ,36 6,52 337, ,29 8, , ,986 68,583 59, ,25 75,64 68, ,79 72,467 6, ,88 58,492 22, ,23 4,5 8,73 >8 29,654 4,44 7,94 Total,578,44,477,334 3,55,378

136 22 Appendix VT 2 Legislative Council Elections Breakdown of No. of Electors Geographical Constituencies Legislative Council Constituency Hong Kong Island (LCI) Kowloon West (LC2) Kowloon East (LC3) New Territories West (LC4) New Territories East (LC5) District Central & Western WanChai Eastern Southern Subtotal Yau Tsim Mong Sham Shui Po Kowloon City Subtotal Wong Tai Sin Kwun Tong Subtotal Tsuen Wan Tuen Mun Yuen Long Kwai Tsing Islands Subtotal North TaiPo SaiKung Sha Tin Subtotal Grand Total No. of Electors Registered 6,276 7,427 34,743 34,72 627,48,683 53,932 6, ,28 228, ,78 58,35 2,695 23,727 74,93 229,935 35,463 79,75 26,42 37,44 3,96 297, ,64 3,55,378

137 23 Aooeedix VTT 2 Legislative Council Elections Breakdown of No. of Electors Functional Constituencies Functional Constituency of Electors Registered 7 T Heung Yee Kuk Agriculture and Fisheries Insurance Transport Education Legal Accountancy Medical Health Services Engineering Architectural, Surveying and Planning Labour Social Welfare Real Estate and Construction Tourism Commercial (First) Commercial (Second) Industrial (First) Industrial (Second) Finance 2 Financial Services 22 Sports, Performing Arts, Culture and Publication 23 Import and Export 24 Textiles and Garment 25 Wholesale and Retail 26 Information Technology Catering District Council TOTAL

138 24 Appendix VTTJ (Page /2) 2 Legislative Council Elections Breakdown of Election Committee Members on the Final Register Catering Commercial (First) Commercial (Second) Employers' Federation of Hong Kong Finance Financial Services Hong Kong Chinese Enterprises Association Hotel Import and Export Industrial (First) Industrial (Second) Insurance Real Estate and Construction Textile and Garment Tourism Transport Wholesale and Retail Subtotal Accountancy Architectural, Surveying and Planning Chinese Medicine Education Engineering Health Services Higher Education Information Technology Legal Medical Subtotal

139 25 Appendix VTT[ (Page 2/2) Agriculture and Fisheries Religious 4 Social Welfare 4 Sports, Performing Arts, Culture and Publication 4 Subtotal TOTAL National People's Congress (NPC) Legislative Council Chinese People's Political Consultative Conference Heung Yee Kuk Hong Kong and Kowloon District Councils New Territories District Councils Subtotal 35* 59* * * There are 4 persons who are both Hong Kong deputies to the NPC and Members of the LegCo. Their names are recorded in both subsectors on the final register. The Election Committee final register therefore contained a total number of 794 members.

140 26 Appendix TX 2 Legislative Council Elections Breakdown of Voters for Election Committee Subsectors Subsector First Sector Catering Commercial (First) Commercial (Second) Employers' Federation of Hong Kong Finance Financial Services Hong Kong Chinese Enterprises Association Hotel Import and Export Industrial (First) Industrial (Second) 2 Insurance 3 Real Estate and Construction Bodies (i) 4 Textiles and Garment 5 Tourism 6 Transport 46 7 Wholesale and Retail,54 Second Sector Accountancy Architectural, Surveying and Planning Chinese Medicine Education Engineering Health Services Higher Education Information Technology Legal Medical Subtotal No. of Voters Registered Individuals Total an 6,965,263, , , ,363 Subtotal 3,378 24,9 2,782 3,829 2,885 66,562 6,34 3,655 4,796 3,674 4,77 7,723 44,7 2,782 3,829 2,885 66,562 6,34 3,655 4,796 3,859 4,77 7,723 44,32 Third Sector Agriculture and Fisheries Labour Social Welfare 29 7,896 Sports, Performing Arts, Culture and,242 34,276 Publication Subtotal 2,73 7,93,3 Fourth Sector Chinese People's Political Consultative Conference Heung Yee Kuk Hong Kong and Kowloon District Councils New Territories District Councils Subtotal TOTAL , ,24

141 2 Legislative Council Elections Voter Turnout for Election Committee Subseetor Elections Election Committee Subseetor First Sector SI SP ST SU SR SC SN SOI Catering (6,96) Commercial (First) (,29) Finance (38) Financial Services (45) Industrial (First) (735) Insurance (72) Real Estate And Construction (648) Tourism (76) 8:3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % 52, , :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % * :3 Turnout % :3 Turnout % :3 Turnout % Total Turnout % to >d'o 9Q

142 Election Committee Subsector SD SY Transport (46) Wholesale And Retail (3,297) Second Sector SG SK S4 SE SJ SI SE2 Accountancy (2,782) Architectural, Surveying And Planning (3,829) Chinese Medicine (2,885) Education (66,562) Engineering (6,34) Health Services (3,655) Higher Education (4,796) 8:3 Turnout % , :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % , :3 Turnout % , Total Turnout % , ,8 4.9, , , to oo ^' S3

143 Election Committee Subsector sz SF SH Information Technology (3,849) Legal (4,77) Medical (7,723) Third Sector SL SM SV2 SV3 Labour (47) Social Welfare (8,86) Performing Arts (22) Culture (473) Fourth Sector SA S9 HeungYeeKuk (43) Hong Kong And Kowloon District Councils (223) 8:3 Turnout % :3 Turnout % ,47 53, ,69 :3 Turnout % :3 Turnout % ;3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % L :3 Turnout % t :3 Turnout % i 4.2 ( 4.4 2:3 Turnout % i :3 Turnout % Total Turnout % , , , ,

144 Election Committee Subsector sio New Territories District Councils (26) Territory Total (68,434) 8:3 Turnout % I :3 Turnout % 6 2.9,44.68 :3 Turnout % ,879.2 :3 Turnout % , :3 Turnout % :3 Turnout % , :3 Turnout % , :3 Turnout % ,2.3 6:3 Turnout % ,99.3 7:3 Turnout % ,7.26 8:3 Turnout % ,99.3 9:3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , Total Turnout % ,823 9,49 Note: Figures in bracket denotes registered electorate

145 3 Appendix XT (Page /2) 2 Legislative Council Elections Results of the Election Committee Subsector Elections Subsector Code and Name SI Catering SP Commercial (first) Candidate Candidate Number and Name WOOLUN 2 LOCK KWOK ON ANTHONY 3 KWANLIMHO 4 CHEUNG WAI LAM VALIANT 5 CHAN YUE KWONG MICHAEL 6 MARK YIU TONG WILLIAM 7 NG TAK LEUNG (DAVID NG) 8 KANWAIWAH 9 HO PAKCHUEN (PETER) LEE SHUN CHOI FUNG CHUNG KAI ANDY 2 TSUI HON WING 3 YEUNG WAI SING 4 LI KWOK HUNG 5 CHAN WING ON 6 HIEWCHIN 7 YUEN SIU YING PATRICK 8 WOO CHU (THOMAS) 9 LOKAMFAT CHENG WAI CHEE CHRISTOPHER 2 RIMMER DAVID JOHN 3 HARILELA HARI NAROOMAL 4 SO SHING SHUN (DICKSON) 5 KO KAM CHUEN STANLEY 6 LIPOKYAN 7 TUNG CHEE CHEN 8 YEUNG KWOK KI ANTHONY 9 TANG JOE KWOK YUEN YIU CHUEN COOKBARRIE 2 LAI IP PO PING FANNY 3 KEUNG SHEK CHEUNG 4 HUNG JOHN TERENCE 4 CHIANG LILY 6 HO WING YIU 7 YIU SI WING * pursuant to a result determined by drawing lots Number of Votes Received as Declared by RO Result of Election * ST Finance CHANSHUEBIU 2 LAM KWONG SIU 3 KUNG LIN CHENG LEO 4 LAUKINSUN 5 IP TAK CHUEN EDMOND

146 32 Appendix XT (Page 2/2) Subsector Code and Name SU Financial Services SR Industrial (first) Candidate Candidate Number and Name 6 YUEN WAI KEUNG 7 CHENG HOI CHUEN VINCENT 8 SHAOYOUBAO 9 LEUNG KAM CHUNG ANTONY TAN STEPHEN ORCHINGFAI 2 NG MAN RUNG 3 WONG SHOU YEH DAVID 4 LIU LIT MAN 5 LAMYIMNAM PAUYEE WAN EZRA 2 TONG LEUNG SANG 3 CHAN HENRY 4 LEE KWAN HO VINCENT MARSHALL 5 WONG CHIU HOI 6 LEEYIUSUN 7 HUI CHIU CHUNG 8 CHEUNG WAH FUNG CHRISTOPHER 9 LEE JOR HUNG CHEUNG TIN SANG CHAN KAI YU MARTIN 2 WONG WAI SUM 3 SETO GIN CHUNG JOHN 4 NGSIU CHEUNG 5 FANCHORHOPAUL 6 CHEN PO SUM 7 YUE WAI KEUNG 8 CHUHOMIUHING NGAIKAMFAI 2 SO WING KEUNG 3 LAISIUSUM 4 LEUNG WAI HO EDDIE 5 YIP KIT CHUEN 6 WONG TIT SHING 7 LEUNG KWAN YUEN 8 CHIARAPURK DANAI 9 SUN KAI LIT CLIFF LAM SAI WING CHOW HOI PING 2 CHAN SIU KING 3 LEE TAK WING JAMES 4 SHIKAIBIU 5 LAM KIN FUNG JEFFREY 6 CHAN CHUN TUNG Number of Votes Received as Declared by RO Result of Election

147 33 Appendix (Page 3/2) Subsector Code and Name SC Insurance SN Real Estate and Construction SOI Tourism Candidate Candidate Number and Name 7 LEUNG TIN FU 8 YOUNG KAK SUN EDMUND 9 LAU CHIN HO (STANLEY) 2 HUI LEUNG WAH 2 LUKTEI LEWIS 22 LO CHUNG WING VICTOR 23 TANG YING YEN HENRY CHOY CHUNG FOO 2 SHIU WAI KWOK 3 CHAN YIM KWONG 4 SIUYICKWONG 5 CHAN KIN FOR 6 LAU KI CHIT 7 WONG KWOK CHOR 8 TSANG HON KEUNG (HOWARD) 9 TSE SZE WING EDMUND NGYU LAM KENNETH CHAN YUNG LEUNG DENNY 2 CHOWYEICHING 3 LAN YEE FONG STEVE JOHN 4 LAU HON KEUNG (STEVEN) 5 CHUN YUK CHIJACKIE CHAN CHICHUNG RONNIE 2 NG CHEE SIONG (ROBERT) 3 LEESHAUKEE 4 WONG WING HOO BILLY 5 LIKASHING 6 KERR KEITH GRAHAM 7 LEUNG CHI KIN 8 HO HUNG SUN STANLEY 9 TSUI YIU CHEUNG KUOK HOI SANG KWAN CHI PING EDGAR 2 KWOK PING KWONG THOMAS 3 LEUNG HAI MING RAYMOND HUI HON CHUNG (STANLEY) 2 WONG SEE SUM 3 MAN TAK MING (MARTIN MAN) 4 YAO WEI MAN RAYMOND 5 LEE KA TIM 6 CHAUKAMPIU 7 LOSUION 8 LEE KAR KI (JOHNNY) 9 YUEN KA CHAI RONNIE Number of Votes Received as Declared by RO Result of Election

148 34 Appendix Xf (Page 4/2) Subsector Code and Name SD Transport SY Wholesale and Retail SG Accountancy Candidate Candidate Number and Name CHAN LUP CHI TSANGSIKYIU EDMUND 2 YEUNG WAI TIM PATRICK 3 YIP KING NING FREDDY 4 HAUSUKKEI 5 WONG KALUN ALAN 6 CHOW YUN CHEUNG (GILBERT) 7 WONG CHIU HONG MAN HON MING 2 LITAKSUM 3 YICK CHI MING FRANKIE 4 HIEWMOOSIEW 5 LAU KING KEY 6 HAICHIYUET 7 SZETOKASING 8 HUIKOONWAH 9 CHENG HAK WO TSAO FRANK WEN KING LAMTSANWA 2 NGCHORMUI(YUKKUEN) 3 NG JIM MI JIMMY 4 TONGYEUKFUNG 5 LAUHAKKAI * pursuant to a result determined by drawing lots LEE KING TING FRANK 2 LAM CHUN WING 3 TIEN PUK SUN MICHAEL 4 LI TZE LEUNG (BRIAN) 5 YUSAU NING HOMER 6 LAM KWEI CHEONG 7 LI YING SANG TOMMY 8 LEE YIN SANG 9 YU PANG CHUN MA YUNG YI (LAWRENCE) SO YIRKYUALOYSIUS MARTIN 2 MA KING HUEN (PHILIP) 3 KWOKCHIYAT 4 LEE KAM KAI (LEE KWONG LAM) 5 LEUNG KAM CHEUNG 6 SUNTAILUN LAW ELIZABETH 2 LEUNG CHEUK FAI 3 FOK KWAN WING (PHILEAS) 4 WONG CHIU MING ALAN 5 CHAN KEE HUEN MICHAEL Number of Votes Received as Declared by RO Result of Election ~ *

149 35 Appendi* XI (Page 5/2) Subsector Code and Name SK Architectural, Surveying & Planning Candidate Candidate Number and Name 6 LI KAFAI DAVID 7 LAUWAHSUM 8 WONG LUNG TAK PATRICK 9 TSOI DAVID CHOW CHAN LUM CHAN ANTONIO 2 FONG CHUNG MARK 3 WONG TAK WAI (ALVIN) 4 LUNG PUI LAN STELLA (STELLA CHO) 5 LEE SHIU CHUEN (ANDY) 6 CHUNG SHUI MING TIMPSON 7 LI KWOK WING MEOCRE 8 YAU YIN KWUN (JOSEPH) 9 CHEUNG KA CHUEN 2 CHOISAUYUK 2 WONG CHUN BONG 22 TSE HAU YIN (ALOYSIUS) 23 CHAN MO PO (PAUL) 24 TAM KING CHING KENNY 25 LEUNG HOK LIM (HENRY LEUNG) 26 KAMPOKMAN 27 YAM CHI MING STEPHEN 28 LEES JOHN ROBERT 29 POON KIN WING KENNETH 3 CHAN PO FUN PETER 3 TYEN KAN HEE ANTHONY 32 WU TING YUK ANTHONY 33 PANG TSUN LOY MICHAEL 34 LUI TIM LEUNG 35 CHOW KWONG FAI EDWARD 36 FAN SHEUNG TAK (STEPHEN) 37 LIU TAT YIN KENNEDY 38 CHAN WAI DUNE (CHARLES) 39 SHING MO HAN YVONNE (YVONNE LAW) 4 FUNG LAK (PHILIP) TSE WAI CHUEN (TONY TSE) 2 HUIWINGTO 3 TSANG CHING LUN EDWIN 4 CHAN TUNG NGOK TONY 5 HO TAG 6 WONG SAN 7 TAM SIU YING IRIS 8 LAUSHIUKWAN 9 POON SING CHI STEPHEN Number of Votes Received as Declared by RO Result of Election

150 36 Appendix XI (Page 6/2) Subsector Code and Name S4 Chinese Medicine Candidate Candidate Number and Name LAU WING KWONG DENNIS LEE KING FUN (ANDREW) 2 NG HEUNG HUNG (ANTHONY) 3 TANG WAI MAN TONY 4 BROOKE CHARLES NICHOLAS 5 LAU PING CHEUNG KAIZER (P.C. LAU) 6 LEE TSUNG HEI DAVID CHRIS 7 LAM TSAN WING 8 HUI MAN BOCK BERNARD 9 LAM WO HEI HILARY 2 LAM KA FAI FRANCIS 2 LAU SAU SHING PATRICK 22 CHUNG WAH NAN 23 LEUNG SHOU CHUN 24 CHUNG SUN KEUNG 25 PUN KWOK SHING 26 YIP MOON WAH STEPHEN 27 LIU KING TONG 28 LAU KING TAT PATRICK LAM WAI BIU 2 LOYANWO 3 LAMHAUKIT 4 CHAN LAN YIN 5 WONG YUM TONG 6 NGYINGKAM 7 HO KWOK CHEUNG 8 POONPAKSUN 9 LAM KAR WING TAMLINGKWAN CHEUNG CHING KIANG ( HOK LIN) 2 CHAN PIK HUNG 3 LAM CHI LIN 4 YIUWEI 5 CHAUYUECHUEN 6 SO KIN HONG 7 TSUI LUNG MONO 8 LAM KWOK KEUNG 9 CHAN MOU KEUNG (HAYDN) 2 HOKACHEONG 2 TSANG HUNG WAH 22 WONG LAI PING 23 CHANTAIWO 24 KWANCHIYEE 25 WAN CHAK SHUN Number of Votes Received as Declared by RO Result of Election

151 37 AppendJY XL (Page 7/2) Subsector Code and Name SE Education Candidate Candidate Number and Name 26 WONG KIT 27 NGCHEUKLAM 28 CHAN KONG SANG 29 CHEUNG SANG (CHEUNG WAI SANG) 3 CHEUNG TUNG SHUI 3 CHUCKING 32 LEEKWOKYEE 33 CHEUNG KWOK WAH 34 WONG TAK LEE 35 YUEN KAI SHUN 36 LAM SEK MING 37 CHIUSIUPING 38 YU WUN PAN (GRACE) 39 LEUNG WING NANG (ALBERT) 4 MANLOKMAN 4 LEE KIT MUI ROSE 42 YEUNG KWOK CHUNG 43 CHAN PING SHU 44 CHAN SHAU MAN 45 NG CHUNG NANG 46 HO CHUNG SING 47 CHAN KWONG YUEN IPCHOYIN 2 LAUMINGKI 3 LEE FUSING 4 HUI CHIN YIM STEPHEN 5 LAM YAT FUNG JAMES 6 PUN TIN CHI 7 LEUNG SIUTONG 8 LIU CHI LEUNG 9 YINGYUHING FUNG MAN CHING CHAN HUNG 2 TAMMANKWAN 3 KOONGMAYKAY 4 CHOI KWOK KWONG 5 YUNGHAUHEUNG 6 CHAN HAN YING (EMILY) 7 AUPAKKUEN 8 LAUSEUNGMAN 9 NGSHUKYING 2 NG YEUNG MING 2 TANG SIU HUNG PETER 22 MAKTSE HOW LING Number of Votes Received as Declared by RO Result of Election

152 38 Appendix XT (Page 8/2) Subsector Code and Name SJ Engineering Candidate Candidate Number and Name 23 LI SZE YUEN 24 TSOKAILOK 25 TAG CHI CHIU 26 LIU CHUN KUEN 27 FAN KAM PING 28 HOHONKUEN 29 CHIU SIN ON 3 NGYUYUM 3 LEE KIT KONG 32 HO KING ON 33 WONG HAK LIM 34 PONG TAK LING 35 MAK KWAI PO 36 LEUNG PING WA 37 TSUIHONKWONG 38 CHAN HON SUM NG PING KIN PETER 2 CHOW MING KUEN JOSEPH 3 TAM WING TAI JOSEPH 4 LEUNG TIN PUI 5 CHEUNG MAN HUEN 6 CHAN CHING CHUEN 7 CHAN KA CHING (ANDREW) 8 KWAN YUK CHOI (JAMES) 9 WONG KWOK LAI CHEUNG CHUNG HOI WONG CHAK YAN (GREG) 2 NG WAI MING PATRICK 3 TONGYATCHU (ALBERT) 4 LEE PING KUEN 5 WONG KWONG YUI (ALAN) 6 WONG CHI MING (CHI MENG) 7 NG MAN KWONG 8 YUEN SE KIT PATRICK 9 LAU KING SHUN 2 HO SHEK ON SIMON 2 LEUNG KWONG HO (EDMUND) 22 CHENG HON KWAN 23 CHAN SIU KUN ALEX 24 YIM CHUN NAM (PATRICK) 25 BLAKE RONALD JAMES 26 LUK WANG KWONG 27 WONG KING KEUNG 28 SO YU HO PETER Number of Votes Received as Declared by RO Result of Election

153 39 AppendJY XI (Page 9/2) Subsector Code and Name SI Health Services SE2 Higher Education Candidate Candidate Number and Name 29 WONG CHUN FAI ( WONG CHAN FAI ) 3 SHEKKWEICHUN 3 KWOK CHI TAK PHILIP 32 CHAN PAK FONG (PETER) 33 LAW KWOK SANG 34 KOOYUKCHAN 35 CHANHONCHUEN 36 CHAN NAI KEONG KENNETH (NICKY CHAN) 37 BOK KWOK MING AARON 38 POON LOK TO OTTO 39 LAU CHI WANG WONG KING SUN 2 TSANG SAU MUI ALICE 3 PONG OI LAN SCARLETT 4 WONG HYO (PETER) 5 WONG TSAN HUNG 6 LUM SHUN SUI (SUSIE) 7 YEUNG WAI KING ALICE 8 WONG JOY YING (ANNA WONG) 9 TSO SHING YUK ALICE PONG MAN KUEN HELENA WONG YEE LAI 2 LAI SHUET FUN ADELA 3 SOTSUNKEUNG 4 CHAN LAI MING 5 CHENG BING SHU 6 LEE MING PUI MAVIS 7 CHIU SUET LIN 8 YIMSHUI CHUNG 9 KWONG YIU SUM BENJAMIN 2 SO CHUI KUEN (CECILIA) 2 TAM YUK LING 22 YIPJEFFERY 23 LUI HING PUI MICHAEL 24 CHUA SEU CHON PETER 25 CHAN HUNG TAT (EDWARD) 26 WONG SUI LING SHIRLEY 27 CHUISHIUHON 28 FUNG WAI YIP KERRY 29 WONG PAK LEUNG APOLLO 3 CHAN KONG YEUNG WONG YUK SHAN 2 CHEUNG KIE CHUNG 3 TAM FUNG YEE Number of Votes Received as Declared by RO Result of Election

154 4 Appendix XT (Page /2) Subsector Code and Name SZ Information Technology Candidate Candidate Number and Name 4 CHAN CHE WAI 5 SZETO KIT PIERRE 6 TAMSHEUNGWAI 7 LI WING YUEN 8 KWAN HOI SHAN 9 SOKWOKFAI WU SIU WAI HUNG WING TAT 2 YEUNG KIM WAI THOMAS 3 MANYIUMO 4 SZE WING SUEN 5 CHEUNG KWOK WAH 6 SHEN SHIR MING 7 SHUMKARPING 8 POON KWOK LIM STEVEN 9 CHAN CHUN WAH JOSEPH 2 LI TZAR KAI RICHARD 2 LEECHACKFAN 22 CHENG KAI MING 23 CHOW WING SUN 24 WONG SOOK LEUNG JOSHUA 25 CHEN SIU WAH JULIA 26 CHU LAP KEUNG EDWARD 27 HO KANG WAI EDDIE 28 CHANG SONG HING 29 CHEUNG BING LEUNG (ANTHONY) 3 LEUNG JIN PANG 3 HO YAN KI RICHARD 32 CHAN MAN HUNG 33 CHIU KAI CHIU EDWARD YUNG RAINING 2 WONG KING FAI (PETER) 3 YUNG KAI TAI 4 AU WAI HUNG (ANTHONY) 5 TSANG LAI KEUNG 6 KAN WING KAY 7 MA CHEE KEUNG LOUIS 8 HOPUITAK 9 MAK TANG PIKYEE AGNES LAI DANIEL MOK CHARLES PETER 2 LI WING KWAI (SPENCER) 3 LAUKA MEN STEPHEN 4 KAN MAN LOK PAUL Number of Votes Received as Declared by RO Result of Election

155 4 Appendix XI (Page /2) Subsector Code and Name SF Legal Candidate Candidate Number and Name 5 YEUNG KWOK KEUNG 6 LO WAI KWOK 7 NG CHEUNG SHING 8 WONG HO CHING (CHRIS) 9 FUNG PAKK WAN 2 TAMWAIHO 2 CHENG LEE MING 22 LI KING HANG RICHARD SANGUINETTI ALBERT JOSEPH JOHN 2 CHENG HU AN 3 TSOI HAK KONG HERBERT 4 JATSEWTONG 5 WONG MAN KIT 6 NGSIUPANG 7 LIANG VINCENT (LIANG WAN SANG VINCENT) Number of Votes Received as Declared by RO Result of Election 8 SIU WING YEE SYLVIA 9 WOO BUN RODERICK FOOTAK CHING LEONG KAH KIT ALAN 2 LEE WAI MAN MAURICE 3 HO KWAN YIU (JUNIUS) 4 HUANG LESTER GARSON 5 YUNG KAR CHARK MICHAEL 6 CHANBINGWOON 7 CHAN VIVIEN 8 LI SHU YUK (ANDREW LI) 9 LAMHONMO 2 WONG KWAI HUEN ALBERT 2 BRADLEY MARK JOHN 22 LINTERN SMITH MICHAEL JOHN 23 LOKKINWAHLEO 24 LEE CHEE WAH (WILFRED) 25 TO WAI KEUNG (VINCENT) 26 WONG YAN LUNG 27 WONG KIN HANG PHILIP 28 HO CHI KEUNG RAYMOND 29 SIT KIEN PING PETER 3 EU YUET MEE AUDREY 3 LIAO CHEUNG SING (ANDREW LIAO) 32 MAHOFAI 33 CHAN KING SANG EDWARD 34 HOOALAN 35 FONG WO FELIX

156 42 Appendix XT (Page 2/2) Subsector Code and Name SH Medical Candidate Candidate Number and Name YAM MAN CHING 2 LEE KA VAN DAVID 3 POON TAK LUN 4 SHEA TAT MING 5 CHEUNG HON MING 6 AUYIUKAI 7 LEUNG MAN FUK EDWARD 8 LAWCHILIM 9 NG ALEXANDER (NG TAK MONG) YUEN CHUNG LAUNATALIS HO OCK LING THOMAS 2 LEE KIN HUNG 3 HWANG SHU TAK JAMES 4 LI SIU LUNG STEVEN 5 LEE SHIU HUNG 6 PAK WAI MARTIN 7 NGYINKWOK 8 CHANYEESHING 9 FANG DAVID 2 ROWING MAN 2 LEUNG KA LAU 22 TSE HUNG KING 23 LEUNG KAA KEI 24 LAI CHAM FAI 25 CHOW CHUN BONG 26 LI KWOK CHEUNG ARTHUR 27 LAW CHUN BON ALEXANDER 28 YIP WAI CHUN 29 LI CHI KAN (LI SUM WO) 3 CHIUHINKWONG 3 SHIH TAI CHO LOUIS 32 CHAO SAI CHIK (WILLIAM) 33 CHEUNG WING YUNG 34 LUK WAI CHEONG SCOTTY 35 LI KA LUN THOMAS 36 LI SHU KIN 37 CHOI KIN 38 CHOW PAK CHIN 39 CHUNG TSZ KWONG 4 LEUNG MING KUEN PAMELA 4 YEUNG CHIU FAT HENRY 42 CHIU SHING PING JAMES 43 CHU SHIU KAY FERDINAND 44 WONG TAK CHEUNG 45 HO HUNG KWONG DUNCAN Number of Votes Received as Declared by RO Result of Election

157 43 Appendix XI (Page 3/2) Subsector Code and Name SL Labour Candidate Candidate Number and Name 46 CHUKINWAH 47 WONG KWOK HUNG LEUNG CHI KONG 2 CHAN WING CHUNG 3 LI WING SANG 4 WONG KWOK KIN 5 LAUWEIMAN 6 LOTUNGKI 7 LIN YEUNG PING 8 WONG KONG SANG 9 LAUKOKSING WONG SHUI WAH BENNY POONTOCHUEN 2 LAUCHIWAH 3 LAMSHUKYEE 4 HOKWONGHIM 5 TONGWOONTIM 6 CHAN WAI LUN 7 LEUNG WING KAI 8 MOKKOKWING 9 CHOI KOON WAI 2 LAMMANCHEUK 2 LEUNG KWOK CHUNG 22 CHOI CHUN WA 23 TSEOIHUNG 24 WONGPAKSHING 25 CHAN PUN 26 CHAN CHE KWONG 27 LAMSUKFUN 28 FOKYAUKAN 29 LEUNG HUNG HING (LEUNG FUNG HING) 3 CHEUNG PUI SANG 3 WONG YUET CHEONG 32 LUICHANKAM 33 FUNG MAN YU 34 WONG YAU HING 35 LAUKUT LEUNG 36 POONTZEWAN 37 CHAN MING LEUNG 38 CHEUNG CHEE HUNG 39 HO CHI KIN 4 CHOI CHI MING ANDY 4 POON KING SHUN 42 CHIUCHANON Number of Votes Received as Declared by RO Result of Election

158 44 Appendix XI (Page 4/2) Subsector Code and Name SM Social Welfare Candidate Candidate Number and Name 43 LAM KAM YI 44 KWOK CHI KEUNG 45 YUEN FUK WO 46 HUNGBING 47 NGWAIYEE 48 KAN CHI SING 49 YEUNG SHING KAI YAUHOWBOA 2 LEEKARMUTCARMEL 3 LAM CHEUNG CHI 4 YUK TAK FUN (ALICE) 5 FAN KWOK FAI 6 HUI KAM SHING 7 LAI PUI WING 8 WONG FUNG LING 9 FUNGYATCHU KOCHUNWA LAI KAM CHEUNG MICHAEL 2 LAM CHEUNG WAI 3 NG MAN SUI WILLIAM 4 CHAN WING KIN 5 YIU SHUN HO CELIA 6 YIU HUNG CHI 7 IP WAI MING 8 LEUNG YUK KI 9 TAMHINWAI 2 WONG KING YEE SANDRA 2 LEUNG PUI YIU IRENE 22 TSIEN WONG BIK KWAN TERESA 23 WONG MAN SING BARRY 24 LEUNG YUET MING (GRACE CHAN) 25 KWOK LIT TUNG 26 YEUNG RACKING 27 TANG YIN PING 28 WAN LAI YAU DEBORAH 29 WONG KING SHUI (PHYLLIS) 3 CHAN LAI WAN CECILIA 3 YUEN TSANG WOON KI ANGELINA 32 FUNGHOLUP 33 TIK CHI YUEN 34 YUEN CHI HOI (PHILIP) 35 TANG WAI HUNG 36 LIYIMCHEONG 37 CHUAHOIWAI Number of Votes Received as Declared by RO Result of Election

159 45 Appendix XT (Page 5/2) Subsector Code and Name SV2 Performing Arts SV3 Culture SA Heung Yee Kuk Candidate Candidate Number and Name 38 MOKHONFAI JAMES 39 CHOI KIM WAH 4 CHAN KAM CHEUNG (PAUL) 4 LAMKEUNG 42 TANG LEUNG SHUN GARY 43 CHAU YIN MING FRANCIS 44 KU YIN KAY KAY 45 CHUIYATHUNG 46 HUNG YING HO BILLY 47 LEUNG NGAIMOU YIN JUSTINA 48 LAUYUENKUM NG TIN HOI STEPHEN 2 WONG NGOK TAI ARTHUR 3 CHEUNG YIU CHUNG 4 LAM SHIU MING DANEIL 5 FUNG LAM 6 NG SEE YUEN 7 CHAN WING MEI 8 LEE ALBERT 9 HUI KOON MAN MICHAEL LIKUOHSING CHEN MING YIN TIFFANY 2 FUNG TIM CHEE 3 CHEUNG TUNG JOE 4 HUNG CHO SING 5 CHAN LAI YING 6 WONG PAK MING (RAYMOND) 7 TAM WING LUN ALAN CHOU YUN CHEN 2 CHEN DARWIN 3 FEI BARBARA 4 CHAN POCHU PEARL 5 LEUNG HON WAI 6 HO CHI PING PATRICK 7 HONBINGWAH 8 CHAN HANG KWAI (CHAN KIM SING) 9 LEE KAM YIN CHUIKAM CHOW WING SHING VINCENT LAMCHIUKUEN 2 KAN PING CHEE BRIAN 3 TANG NGAN HOI 4 LAM KWOK CHEONG 5 SING HON KEUNG Number of Votes Received as Declared by RO Result of Election

160 46 Appendix XJ (Page 6/2) Subsector Code and Name S9 Hong Kong and Kowloon District Councils Candidate Candidate Number and Name 6 YUNG CHI MING 7 CHEUNG HOK MING 8 LIYIUBAN 9 TANG KWOK KONG CHUNG WAI PING TANG NAM SHING 2 PANG HANG YIN 3 LAUWANHEI 4 LEE CHI FUNG 5 HOSUNKUEN 6 MAN FU WAN 7 HEUNG CHEUK KEI 8 LEE LIN WAN 9 WAN AH FAT 2 TANG CHE CHEUNG 2 LAWKAMFAI 22 YAP ALFRED DONALD 23 LEUNG KWOK FAI NG KAM CHUN STEPHEN 2 CHAN CHIT KWAI 3 CHAN CHUNG BUN BUNNY 4 CHOW CHUN FAI 5 LAM KIN LAI 6 HAUSHUIPUI 7 KAN CHI HO 8 TANG PO HONG 9 CHAN TUNG CHAN YUEK SUT JOSEPH TING YUKCHEE CHRISTINA 2 KO POLING 3 SIU YUEN SHEUNG 4 WONG SIU YEE 5 LEETATYAN 6 CHUNG SHU KUN CHRISTOPHER 7 LIANG TIN 8 WONG KWOK HING 9 POON CHUN YUEN 2 WONG MAN CHIU RONNIE 2 KWOK BIT CHUN 22 IP KWOK CHUNG 23 LEUNG YING PIU 24 TAI CHEUK YIN LESLIE SPENCER 25 SUENKAICHEONG Number of Votes Received as Declared by RO Result of Election

161 ; 47 Appendix XI (Page 7/2) Subsector Code and Name S New Territories District Councils SQ Commercial (second) (Uncontested) S2 Employers' Federation of Hong Kong (Uncontested) Candidate Candidate Number and Name WONG MO TAI 2 PANG CHEUNG WAI THOMAS 3 CHAU CHUEN HEUNG 4 FONGKAMHUNG 5 SO HOI PAN 6 CHAU HOW CHEN 7 LING MAN HOI 8 WAI KWOK HUNG 9 CHENG CHUN PING CHAN WAN SANG SO YEE LAI ALICE (ALICE LUI) 2 TAIKUEN 3 CHOYKANPUI 4 TANG KING IP 5 WANHOKLIM 6 LAM HONG WAH 7 CHANKAMLAM 8 WANYUETKAU 9 LEUNG KWONG CHEONG 2 TANG KI TAT 2 MAKIPSING 22 SOSHIUSHING 23 LEUNG KIN MAN LAM KWONG YU LO WUN CHONG KAM KWONG NING (KAM NINO) CHEN CECILIA (DAISY) YU KWOK CHUN WU KWOK CHEUNG LAUYUESUN WONG SAU CHING TANG KWAN TAMFOOKTIN FOK CHUN WAN IAN KWAN WONG CHOW LING LEE CHING MAN ELEANOR LIWEIJENGONZAGA HUFAKUANG HU SHAO MING SO CHAK KWONG CHAN CHOCHAK JOHN YUEN KEE TONG NORMAN APPS VICTOR STANLEY LO YAU LAI WINSTON MAK KIN WAH Number of Votes Received as Declared by RO «... Result of Election

162 48 Appendix XI (Page 8/2) Subsector Code and Name S3 Hong Kong Chinese Enterprises Association (Uncontested) S2 Hotel (Uncontested) SW Import and Export (Uncontested) SS Industrial (second) (Uncontested) Candidate Candidate Number and Name NG CHI MING LAM KING WONG KINE YUEN LUK KIN YING CHANG YUENG YEN NGAN MAN HO YU HOK CHUNG CHEUNG SHIU KIT WONG YUEN YEE CHAN TING YAU LI SHEE YAN WU SHI RONG LINING MAGNUS GEORGE COLIN LUI CHE WOO LUI WAI YU PADDY HARILELA GOBIND NAROOMAL GARY LEE WANKHAY IVAN LU SHIEN HWAI (JAMES) CHAN TIN YAU KEVEN LAW YEEKWAN QUINN LI HON SHING MICHAEL YEUNG BIK YIU (BELINDA) WONG TING KWONG LIN SUN MO WILLY WONG YING HO KENNEDY AU WENG HEI YAU MING KIM ROBERT YIM YAT CHOR WONG MING FAI SHAM LAI YEE CHEUNG MING MAN CHENG KAI MING SIN CHI MING LI SAU HUNG EDDY LO MAN TUEN LAM HOK PO SIN HON PUN (JOSEPH) CHOWYUNSHEUNG LU TSENG YUNG LAU MAN WAI (JOSEPH) YIP KING CHUNG YU SUN SAY CHOI HIN TO Number of Votes Received as Declared by RO «..... Result of Election

163 49 Appendiv XT (Page 9/2) Subsector Code and Name SX Textiles and Garment (Uncontested) SB Agriculture and Fisheries (Uncontested) Candidate Candidate Number and Name LIANG HIN YING HERBERT SOHMEN ANNA PUI HING LIN FAI SHAT CHAN SUI KAU CHEN CHENG JEN LAW KIN SANG (PETER LAW) LEE NAI SHEE HARRY CHAN HUNG KEE KWAN KON WAH LO LOK FUNG KENNETH YEUNG CHUN KAM (CHARLES YEUNG) LEE CHUNG CHIU WANG KUK KEI KENNETH WANG KIN CHUNG PETER FANG HUNG KENNETH WONG FOR KAM CHEUNG CHI WING CHENG FOR YAU CHAN YU YUK KWONG CHI WAI CHENG TING FOO LAU KOK FAI WAN SHUI PING WAN KWONG LAM (WAN LAM) TSANG KWOK KEUNG LEUNG WAI YING LAI TAK CHUEN WONG KWONG WING WAN KAM CHUEN CHEUNG MING HOP SING FOR NAM MA MUK KAN CHENG KAM TAI HOKOONFAT CHENG KING MAN LEUNG KWONG YUNG WONG FOR TSANG YAN FAT LO YAM KEUNG LAM KUN SO LEUNG PING KWAN KWOK SO NG SIU MAN CHAN CHI KONG Number of Votes Received as Declared by RO » «... «... Result of Election

164 5 Appendiy XI (Page 2/2) Subsector Code and Name SV Sports (Uncontested) SV4 Publication (Uncontested) S8 Chinese People's Political Consultative Conference (Uncontested) Candidate Candidate Number and Name LEE HON CHEUNG YAT CHEUNG WONG SUI FUN SHEK CHUNG SANG SIN TAI MAN CHEUNG SIU KEUNG NG KUM CHUEN LAM KUT SING LAI SHING CHAI CHAN CHI MANG PANG WAH KAN HUNG CHAO HONG YUEYUNHING HUI CHUN FUI POON YIP KUN LEUNG SIK WAH CHING MEN KY CARL LEE KWAN WAH LEEFUEN PUI KWAN KAY WONG WAH SANG LEE CHO JAT SHEN PENG YING WONG SING EDWARD CHAN MAN HUNG LI KING SANG HUI CHIU MING SINN KWOK CHUNG PATRICK TSANG HIP TAI SHEK HON KEI CHAN CHUNG LING LAM PEI PEGGY POON CHUNG KWONG YEUNG KWONG CHANG WAN FUNG NG CHU LIEN FAN TSUI TSIN TONG YUEN PAKYIU PHILIP CHUANGSHIHPING YUNG CHI KIN (LARRY) LIANG SHANG LI WAN TAI MIN TOMMY POON CHO YIU RONALD CHOW CHARN KI (KENNETH) Number of Votes Received as Declared by RO Result of Election

165 5 Appendhr XI (Page 2/2) Subsector Code and Name Candidate Candidate Number and Name LEE HON CHIU POON KWONG WAI LEE TUNG HAI CHENG CHANG YUNG TSUNG ALICE CHIANG LAI WAN TSUI SZE MAN WONG KER LEE KOO SHING CHEONG HU HUNG LICK HENRY LEE KOK KEUNG ZEEKWOHKUNG KWANKOSIUWAH SZE CHI CHING TAN MAN KOU WANG MINGCHUN ELIZABETH WAI KEE SHUN WU YING SHEUNG GORDON CHENG KAR SHUN LEE KA KIT CHENG YIU CHUNG WONG GLORIA CHANG LO HONG SUI JIARAVANON SUMET LI TZAR KUOI VICTOR HO TSU KWOK CHARLES TANG HSIANG CHIEN LOH DAI JUR WUSUK CHING ANNIE Number of Votes Received as Declared by RO Result of Election

166 52 Appendix 2 Legislative Council Elections Election Committee Subsector Elections Number of Rejected Ballot Papers Code and Name of Subsector SI Catering SP Commercial (first) SQ * Commercial (second) S2 * Employers' Federation of HK ST Finance SU Financial services S3 * Hong Kong Chinese Enterprises Association SO2 * Hotel SW * Import and export SR Industrial (first) SS * Industrial (second) SC Insurance SN Real estate and construction SX * Textiles and garment SOI Tourism SD Transport SY Wholesale and retail SG Accountancy SK Architectural, surveying and planning S4 Chinese medicine SE Education SJ Engineering SI Health services SE2 Higher education SZ Information technology SF Legal SH Medical SB * Agriculture and fisheries SL Labour SM Social welfare SV * Sports SV2 Performing arts SV3 Culture SV4 * Publication S8 * Chinese People's Political Consultative Conference ("CPPCC") SA Heung Yee Kuk S9 Hong Kong and Kowloon District Councils S New Territories District Councils Total A B... 2 REASONS FOR REJECTION:* c _.. _. D.... E *» _.. _ F 89 9 j _. 4 « G H.. _.... Total Note: * Uncontested Subsector # Reasons for Rejection of Ballot Papers: A Writing or mark by which the voter can be identified B Endorsed with the word "TENDERED" C Endorsed with the word "SPOILT" D Endorsed with the word "UNUSED" E Substantially mutilated F Unmarked G Not marked in accordance with regulation H Void for uncertainty

167 53 Appendix Ym (Page /2) No. of Members Returned from 5 Geographical Constituencies and 28 Functional Constituencies Geographical Constituencies Item Hong Kong Island Kowloon West Kowloon East New Territories West New Territories East Name of GC Number of members to be returned Functional Constituencies Item Heung Yee Kuk Agriculture & Fisheries Insurance Transport Education Legal Accountancy Medical Name of FC Number of members to be returned

168 54 Appendix XTTT (Page 2/2) 9. Health Services. Engineering. Architectural, Surveying & Planning 2. Labour 3 3. Social Welfare 4. Real Estate and Construction 5. Tourism 6. Commercial (First) 7. Commercial (Second) 8. Industrial (First) 9. Industrial (Second) 2. Finance 2. Financial Services 22. Sports, Performing Arts, Culture & Publication 23. Import & Export 24. Textiles & Garment 25. Wholesale & Retail 26. Information Technology 27. Catering 28. District Council

169 2 Legislative Council Elections Voter Turnout for General Election Geographical Constituency LCI LC2 LC3 LC4 LC5 Hong Kong Island (627,55) Kowloon West (426,288) Kowloon East (58,57) New Territories West (79,746) New Territories East (692,32) Territory Total (3,55,378) Election Committee EC (783) 8:3 Turnout % 5, ,824,9 5,74. 7,83.9 5, , :3 Turnout %, , , , , , :3 Turnout % 8,6 2,88 4, , , , , :3 Turnout % 2,6 3,37 4, , , , , :3 Turnout % 2, , , , , , :3 Turnout % 7,695 2,82, , , , , :3 Turnout % 8, , , , , , :3 Turnout % 8, , , , , , :3 Turnout % 8, , , , , , :3 Turnout % 6, , , , , , :3 Turnout % 6, , , , , , &Q Turnout % 6,9 2.7, , , , , :3 Turnout % 7,53 2.8, , , , , :3 Turnout % 9, , , , , , :3 Turnout % 26, , , , , , Total Turnout % 263, , , , , ,33, Note: Figures in bracket denotes registered electorate 9 TO et>

170 functional Constituency TR A B C D E F G Transport (52) Education (7,284) Legal (4,52) Accountancy (2,753) Medical (7,72) Health Services (3,638) Engineering (6,2) Architectural, Surveying and Planning (3,8) 8:3 Turnout % :3 Turnout % 3.97, :3 Turnout % , :3 Turnout % , , :3 Turnout % , , :3 Turnout % , , :3 Turnout % , :3 Turnout % , :3 Turnout % , , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , , :3 Turnout % , , Total Turnout % , , , , , , , Gh SO 'S >3 B a Is)

171 Functional Constituency H K L M R T U Y Z Labour (47) Social Welfare ( ) Real Estate and Construction (646) Tourism (86) Industrial (First) (742) Finance (43) Financial Services (45) Wholesale and retail (3,32) Information Technology (3,827) 8:3 Turnout % :3 Turnout % ,83 F :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % :3 Turnout % JL :3 Turnout % , Total Turnout % , , ,

172 Functional Constituency CA DC Catering L_ (6,963) District Council (378) FC Total (63,26) 8:3 Turnout % ,695,4 9:3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , :3 Turnout % , Total Turnout % 2, , Note: Figures in bracket denotes registered electorate oo

173 59 Appendix (Page /3) 2 Legislative Council Elections Results of General Election : Geographical Constituencies Constituency Code and Name LCI Hong Kong Candidate List Priority a Candidate Name TSANG KIN SHING (BULL) Number of Votes Given as Declared byro 9,896 Result of Election Island b CHAN TIM SHING MANUEL LC2 Kowloon West c a a b c d e a a a b c d a a a a a b c d e a b a b CHAN KWOK LEUNG (STEVE) LEUNG ON KAY ANGEL CHENG KAJ NAM (GARY) CHOY SO YUK SUENKAICHEONG CHUNG SHU KUN (CHRISTOPHER) YEUNG WAI FOON CHOW KIT BING JENNIFER TSE WAI CHUN PAUL LAN HONG TSUNG (DAVID) FUNG HO KEUNG CHAN CHOI HI YEUNG SUM YU (REGINA) HOSAULANCYD SHUEN PAK MAN ANDREW FUNG LEUNG LO YUNG CHAN LUNG ALLEN LEE CHU MING MARTIN YEUNG SUM KAMNAIWAI LAI CHI KEONG JOSEPH CHENG LAI KING FUNG KIN KEE FREDERICK LIU SING LEE TSANG YOK SING JASPER CHUNG KONG MO 6,967 72,67 4,534 6,398 4,329 25,988,32 5,49,434 92,74 62,77 4,942 LC3 Kowloon East 3 2 c d a b c a a b PUN KWOK WAH WONG WAI CHUEN LAUCHINSHEK TO KUN SUN JAMES WONG CHUNG KI ERIC LAM HOI SHING CHAN YUEN HAN CHAN KAM LAM 73,54 9,85 8,587

174 6 Constituency Code and Name Candidate List Priority c Candidate Name LAM MAN FAI Number of Votes Given as Declared byro Appendix XV (Page 2/3) Result of Election 3 d a b c CHAN JOY KONG ANGELIS SZETOWAH LI WAH MING WUCfflWAI 3,863 LC4 New Territories West d a b a a a b a a a b c TO KWAN HANG ANDREW SHIKAIBIU LAM WAI YIN YEUNG FUK KWONG (DAVID) LEUNG YIU CHUNG CHAN WAI YIP ALBERT KWONG KWOKCHUEN COSMAS LEE CHEUK YAN MAN YUN FEI (ANGELA) TAM YIU CHUNG TANGSIUTONG LEUNG CHE CHEUNG 7,23 9,48 59,348 43,63 52,22 3,274,629 d e f CHAUCHUENHEUNG CHAN YAU HOI AU YEUNG PO CHUN 7 a b c HO CHUN YAN CHAN SHU YING (JOSEPHINE) CHEUNG YUET LAN 38,472 LC5 New Territories 8 d a b a WONG LAI SHEUNG (CATHERINE) LEE WING TAT WONGBINGKUEN WONG SING CHI 35,648 25,97 East b c a b c d e a a b c d a b CHOW WAI TUNG WONG LEUNG HI LAU KONG WAH WAN YUET KAU WONGMOTAI WAN CHUNG PING LI KWOK YING KAN PING CHEE BRIAN CHOYKANPUI LING MAN HOI CHENG CHUN WO HOSAUMO LAU WAI KING EMILY TSOI YIU CHEONG RICHARD 66,943 7,945 8,835 63,54

175 6 Appendi* (Page 3/3) Constituency Code and Name Candidate List Priority Candidate Name Number of Votes Given as Declared byro Result of Election a a b c d e a a b c a LAW CHEUNG KWOK CHENG KAR FOO ANDREW FAN KWOK WAI GARY HO SUK PING SHIRLEY LEUNG WING HUNG KWAN WING YIP WONG WANG FAT ANDREW LAUHINGKEE LEUNG CHI WAI HO SHU YEE SUSANA LEUNG KWOK HUNG 6,774 49,242 44,899 5,45 8,235

176 Constituency Code and Name TR Transport A Education B Legal C Accountancy D Medical E Health Services F Engineering G Architectural, Surveying and Planning ft Labour K Social Welfare L Real Estate and Construction 62 Appendix XVT (Page /2) 2 Legislative Council Elections Results of General Election : Functional Constituencies Candidate Number A B Candidate Name PANG CHEUNG WAI THOMAS LAU KIN YEE MIRIAM LEE KIT KONG CHEUNG MAN KWONG CHOW WING KIN ANTHONY NG NGOI YEE MARGARET CHOW KWONG FAI EDWARD LI KA CHEUNG ERIC CHAN PO FUN PETER LAM SHUN CHIU DENNIS SO KAI MING LO WING LOK KWOKKAKI WONGKWOKSHING THOMAS TSO SHING YUK ALICE MAKKWOKFUNG MICHAEL HO CHUNG TAI (RAYMOND) LUK WANG KWONG HO SING TIN (EDWARD) LAU PING CHEUNG KAIZER (P C LAU) LAW KIN CHUNG CHRISTOPHER CHAN KWOK KEUNG LEUNG SUET FONG LEUNG FU WAH LI FUNG YING LEUNG YUET MING (GRACE CHAN) LAW CHI KWONG TSE LAI LEUNG JIMMY SHEK LAI HIM ABRAHAM (ABRAHAM RAZACK) Number of Votes received at the Final Count as Declared by RO ,686 35, ,52,363 3,867 76, , ,98 3,668 5,857 2,86, ,582 3, Result of Election

177 Constituency Code and Name M Tourism R Industrial (first) T Finance U Financial Services Y Wholesale and Retail Z Information Technology CA Catering DC District Council HYKHeungYee Kuk AF Agriculture and Fisheries IN Insurance N Commercial (first) P Commercial (second) S Industrial (second) V Sports, Performing Arts, Culture and Publication W Import and Export X Textiles and Garment Candidate Number Candidate Name BAGAMAN FRANCIS YOUNG HOWARD TUNG YAO CHUNG JOSEPH CHAN SIU KING TING WOO SHOU KENNETH LI KWOKPO DAVID KUNG LIN CHENG LEO FUNG CHI KIN SO WAI YIN IRENE WU KING CHEONG (HENRY) LAU CHI WING CHOW LIANG SHUK YEE SELINA KAN WING KAY SIN CHUNG KAI NG TAK LEUNG (DAVID) CHEUNG YU YAN TOMMY LEUNG KWONG CHEONG IP KWOK HIM CHIANG SAI CHEONG LAU WONG FAT WONG YUNG KAN CHAN BERNARD CHARNWUT (CHARNWUT SOPHONPANICH) TIEN PEI CHUN JAMES WONG YU HONG PHILIP LUI MING WAH FOK TSUN TING TIMOTHY HUI CHEUNG CHING LAU YAU FUN SOPHIE Number of Votes received at the Final Count as Declared by RO , ,77 56, Appendix XVT (Page 2/2) Result of Election Uncontested Uncontested Uncontested Uncontested Uncontested Uncontested Uncontested Uncontested Uncontested

178 64 Appendix XVTT 2 Legislative Council Elections Results of General Election : Election Committee Candidate Number Candidate Name Number of Votes received at the Final Count as Declared by RO Result of Election 2 MA FUNG KWOK SHIU SIN FOR NG CHING FAI 4 24 CHU YU LIN DAVID YEUNG YIU CHUNG HSU LAI TAI RITA (FAN HSU LAI TAI RITA) HO KA CHEONG 7 28 NG LEUNG SING LAU HON CHUEN (AMBROSE) HO SAI CHU 378

179 2 Legislative Council Elections Number of Rejected Ballot Papers For General Election Geographical Constituencies Code and Name of Constituency LCI Hong Kong Island LC2 Kowloon West LC3 Kowloon East LC4 New Territories West LC5 New Territories East Total A B C REASONS FOR REJECTION :# D E F 2 2,57 4,6 5,754,86 3, ,483 G H ,5 Total 2,87,527 2,368 2,553 2,237,52 Election Committee ON Code and Name of Constituency EC Election Committee A B C D E F 2 G 7 H Total 29 Note : # Reasons for Rejection of Ballot Papers : A Writing or mark by which the elector can be identified B Endorsed with the word " TENDERED lf C Endorsed with the word " SPOILT M D Endorsed with the word " UNUSED " E Substantially mutilated F Unmarked G Not marked in accordance with regulation H Void for uncertainty CfQ 3 Si s* X <

180 66 Appendix XVTTT (Page 2/2) 2 Legislative Council Elections Number of Rejected Ballot Papers For General Election Functional Constituencies Code and Name of Constituency HYK * Heung Yee Kuk AF * Agriculture and fisheries IN * Insurance TR Transport A Education B Legal C Accountancy D Medical E Health Services F G Engineering Architectural, Surveying and Planning H Labour K Social Welfare L Real Estate and Construction M Tourism N * Commercial ( First ) P * Commercial ( Second ) R Industrial ( First ) S * Industrial ( Second ) T Finance U V W X Y Z CA DC Financial Services * Sports, performing arts, culture and publication * Import and export * Textiles and garment Wholesale and retail Information Technology Catering District Council Total A f B 7 2 REASONS FOR REJECTION: # C D E F G H , '. 2 A C * Total , ,454 Note : * Uncontested Constituency # Reasons for Rejection of Ballot Papers : A Writing or mark by which the elector can be identified B Endorsed with the word" TENDERED " C Endorsed with the word" SPOILT" D Endorsed with the word lf UNUSED " E Substantially mutilated F Unmarked G Not marked in accordance with regulation H Void for uncertainty

181 67 Appendix 2 Legislative Council Elections Breakdown of Complaint Cases Handled by the Complaints Committee Related to Election Committee Subsector Elections Nature Cases received by Registration and Electoral Office Cases referred from Returning Officers Cases referred from ICAC Cases referred from the Police Total Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Nomination and candidature Election expenses False statements False claims of support Omission of printing details on election advertisements Corruption/bribery/treating/undue influence/impersonation Employment of young persons under 8 years of age for canvassing/ electioneering activities False/mass registration Disturbances to electors caused by loudspeakers/telephone canvassing/ shouting electors' names in common areas of the premises Personal data privacy Restrictions on presenters/regular contributors/columnists Unfair and unequal treatment by the media Polling arrangements No canvassing zone arrangements Illegal canvassing in NCZ/NSZ Conduct of exit polls Against Returning Officer Against polling staff Counting arrangements Complaints outside Complaints Committee's ambit Others Total

182 68 Appendix XX 2 Legislative Council Elections Breakdown of Complaint Cases Handled by the Complaints Committee Related to General Election Nature Cases received by Registration and Electoral Office Cases referred from Returning Officers Cases referred from ICAC Cases referred from the Police Total Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Nomination and candidature Election expenses False statements False claims of support Omission of printing details on election advertisements Corruption/bribery/treating/undue influence/impersonation Employment of young persons under 8 years of age for canvassing/ electioneering activities False/mass registration Disturbances to electors caused by loudspeakers/telephone canvassing/ shouting electors' names in common areas of the premises Personal data privacy Restrictions on presenters/regular contributors/columnists Unfair and unequal treatment by the media Polling arrangements Mo canvassing zone arrangements Illegal canvassing in NCZ/NSZ Conduct of exit polls Against Returning Officer Against polling staff Counting arrangements Complaints outside Complaints Committee's ambit Others Total

183 69 Appendix XXT 2 Legislative Council Elections Breakdown of Complaint Cases handled by the Returning Officers Related to General Election (Showing Position as at 25 October 2) Nature No. of Cases received from the public No. of Cases referred from CC/Depts Total No. of Cases received Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Election expenses False statements False claims of support Omission of printing details on election advertisements Corruption/bribery/treating/undue influence/impersonation Employment of young persons under 8 years of age for canvassing/electioneering activities Disturbances to electors caused by loudspeakers/telephone canvassing/shouting electors' names in common areas of the premises Personal data privacy Polling arrangements No canvassing zone arrangements Illegal canvassing in NCZ/NSZ Against Returning Officer Against polling staff Counting arrangements Complaints outside Complaints Committee's ambit Others Total \

184 7 Appendix XXTT 2 Legislative Council Elections Breakdown of Complaint Cases handled by the ICAC Related to General Election (Showing Position as at 25 October 2) Nature No. of Cases received from the public No. of Cases referred from CC/Depts Total No. of Cases received Bribery in relation to voting Treating Duress in relation to voting Corrupt conduct with respect to voting Incurring election expenses without proper authorization Incurring election expenses exceeding prescribed amount False statement about a candidate False claims of support Failing to comply with requirements in relation to publication of election advertisements Bribery (involving public servants) Others Total

185 7 Appendix XXTTT 2 Legislative Council Elections Breakdown of Complaint Cases handled by the Police Related to General Election (Showing Position as at 25 October 2) Nature No. of Cases received from the public No. of Cases referred from CC/Depts Total No. of Cases received Criminal damage Theft/Loss/Removal of election advertisements Dispute cases Intimidation Complaint of noise nuisance Complaint of other nuisance Breach of EAC Reg/Guidelines relating to election advertisements False declaration by candidates Others Total o

186 72 Appendix XXTV 2 Legislative Council Elections Total Net Number of Complaint Cases Received in Respect of General Election Nature cc Received by RO ICAC Police Total Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Nomination and candidature Election expenses False statements False claims of support Omission of printing details on election advertisements Corruption/bribery/treating/undue influence/ impersonation Employment of young persons under 8 years of age for canvassing/electioneering activities False/mass registration Disturbances to electors caused by use of loudspeakers/telephone canvassing/shouting electors' names in common areas of the premises Personal data privacy Restrictions on presenters/ regular contributors/columnists Unfair and unequal treatment by the media Polling arrangements Sk>canvassing zone arrangements Canvassing activities in no canvassing zones/ no staying zones Conduct of exit polls Complaints against polling staff Counting arrangements Criminal damages Dispute cases Complaints outside the Complaints Committee's ambit Others Total

187 2 Legislative Council Elections Analysis of Treatment of Electionrelated Complaints handled by the Complaints Committee (Showing position as at 24 November 2) Nature Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Nomination and candidature Withdrawn No Further Action 5 ( Outside CC's ambit ( Resolved) (I Reminded) ( Complainant informed) ( Referral to Police not agreed) ( No means of contact) (3 Lack of evidence) ( Reminded) (3 Advice given) (3 To Hospital Authority for note) 28 (2 No means of contact) (4 Lack of evidence) (2 Noted for review) (8 Resolved) ( Complainant informed) ( Explanation given) ( Lack of information) 49 (i No means of contact) (27 Noted for review) (2 Resolved) (8 Explanation given) ( Views noted) Referred to Poliee/ICAC/ RO/Others* 54 ( NFA) (5 Investigating) (3 Unsubstantiated) (34 Rectified) (2 Resolved) (9 Warned) 9 ( NFA) (9 Unsubstantiated) (6 Rectified) (2 Reminded) ( Warned) ( Investigating) Outcome Unsubstantiated 7 4 Partly substantiated 2 (2 Warned) Substantiated 2 [ Noted for review) ( Rectified) (3 Warned) (7 Censured) 5 ( Reminded) (4 Warned) Others ( Explanation given to complainant) Total

188 Nature Election expenses? alse statements 7 alse claims of support Omission of printing details on election advertisements Corruption/bribery/ treating/undue influence/impersonation Employment of young persons under 8 years of age for canvassing/ electioneering activities False/mass registration Disturbances to electors caused by loudspeakers/telephone canvassing/shouting electors' names in common areas of the premises Withdrawn No Further Action 3 2 Resolved) To Hospital Authority or note) i Lack of evidence) 2 (2 Referral to ICAC not agreed) ( Lack of evidence) 5 (2 Resolved) (3 Explanation given) 24 (3 Outside CC's ambit) (3 No means of contact) (4 Lack of evidence) (6 Resolved) (il Reminded) (72 Advice given) ( Complainant informed) (2 Explanation given) (2 Views noted) Referred to Police/ICAC/ RO/Others* 5 5 Investigating) 5 (4 Investigating) ( Unsubstantiated) 5 (4 Investigating) ' Unsubstantiated) 3 (2 Investigating) ( Warned) 7 (7 Investigating) 5 (3 Investigating) (2 Unsubstantiated) 29 (9NFA) (8 Investigating) (2 Unsubstantiated) ( Resolved) Outcome Unsubstantiated Partly substantiated ( Reminded) i ( Reminded) ( Rectified) Substantiated 2 (2 Warned) 2 (2 Rectified) ( Warned) Others Total

189 Nature Personal data privacy Restrictions on presenters/regular contributors/columnists Unfair and unequal treatment by the media Polling arrangements No canvassing zone arrangements Illegal canvassing in NCZ/NSZ Conduct of exit polls Withdrawn No Further Action 3 ( Outside CC's ambit) (2 No means of contact) ( Lack of evidence) (2 Noted for review) ( Reminded) (5 Advice given) ( Explanation given) g ( No means of contact) (4 Lack of evidence) (2 Explanation given) ( Expression of views) 38 ( No means of contact) (6 Noted for review) (2 Resolved) (3 Reminded) ( Complainant informed) (3 Explanation given) (2 Views noted) 23 (2 No means of contact) (4 Lack of evidence) (I Noted for review) (5 Resolved) ( Complainant informed) 8 ( No means of contact) ( Noted for review) ( Resolved) (5 Explanation given) Referred to Police/ICAC/ RO/Others* 4 ( NFA) (2 Investigating) ( Unsubstantiated) ( Investigating) ( NFA) 22 (8 Unsubstantiated) (5 Rectified) (5 Resolved) (3 Reminded) (I Advised) Outcome Unsubstantiated Partly substantiated 2 (2 Warned) Substantiated ( Warned) 4 (2 Reminded) (2 Warned) 4 (4 Rectified) Others Total

190 Nature Against Returning Officer Against polling staff Counting arrangements Complaints outside Complaints Committee's ambit Others Total Withdrawn 5 No Further Action 72 ^5 No means of contact) 4 Lack of evidence) ]5 Noted for review) Resolved) (27 Reminded) (8 Explanation given) [ Incident noted) [2 Views noted) i ( Noted for review) 9 (4 Outside CC's ambit) (2 No means of contact) ( Explanation given) ( Referred to CAB) ( Views noted) 39 (6 Outside CC's ambit) (2 No means of contact) (4 Lack of evidence) (6 Noted for review) (3 Resolved) (6 Explanation given) ( Outside CCs authority) ( To Hospital Authority for note) 45 Referred to Poliee/ICAC/ RO/Others* 2 (2 Unsubstantiated) 3 ( NFA) (2 noted for review) 4 (2 NFA) (2 Investigating) (3 Unsubstantiated) (2 Rectified) (5 Resolved) 9 Outcome Unsubstantiated Partly substantiated 7 Substantiated 3 (2 Noted for review) ( Reminded) 34 Others Total ON *Others: Constitutional Affairs Bureau, Legislative Council Secretariat, Office of the Privacy Commissioner for Personal Data and Hongkong Post.

191 zuuu legislative council flections Outcome of Complaint Cases Investigated by the Returning Officers (Showing Position as at 24 November 2) Nature Election advertisements Electioneering activities on private premises Entitlement to vote Allocation/designation of polling stations Election expenses False statements False claims of support Omission of printing details Corruption/bribery/treating/undue influence/impersonation Employment of young persons under 8 years of age for canvassing/electioneering activities Disturbances to electors cause by loudspeakers/telephone canvassing/shouting electors' names in common areas of the premises Personal data privacy Polling arrangements No canvassing zone arrangements Illegal canvassing in NCZ/NSZ Against polling staff Complaints outside CC's ambit Others Total (a) No. of Cases received from the public _ L (b) No. of Cases referred from CC/Depts _ 7 3 _ 5 3 (c) Total No. of Cases received (a) + (b) CC _ «. 24 Police * Others; Housing Department and Television and Entertainment Licensing Authority. 5 Referred to 7 _ 2 4 ICAC 8 2 _ 4 Others* 2 3 Being Followup Withdrawn No further action Progress of Cases in (c) Referral made Action completed Unsubstantiated 35 4 _ Partly substantiated 4 9 _ Substantiated S SU r ^ X S

192 2 Legislative Council Elections Outcome of Complaint Cases Investigated by the C AC (Showing Position as at 24 November 2) Section Nature (a) No. of Cases received from the public (b) No. of Cases referred from CC/Depts (c) Total No, of Cases received (a) + (b) (I) Offences under Elections (Corrupt and Illegal Conduct) Ordinance fcap. 554) S.ll S.2 SJ3 S.6 S.23 S.24 S.26 S.27 S.34 Bribery in relation to voting Treating Duress in relation to voting Corrupt conduct with respect to voting Incurring election expenses without proper authorization Incurring election expenses exceeding prescribed amount False statement about a candidate False claims of support Failing to comply with requirements in relation to publication of election advertisements ( II) Offences under Prevention of Bribery Ordinance ( Cap.2) S.4 Bribery (involving public servants) (III) No offence alleged Referred to RO cc Police Others* 2 Investigation underway Referral made _ ~ _ 3 Progress of Cases in (c) Action completed Pending Not Substantiated Warning Caution Legal Advice 2 2 No Further Action _ GO Total *Others: Office of the Privacy Commissioner for Personal Data.

193 2 Legislative Council Elections Outcome of Complaint Cases Investigated by the Police (Showing Position as at 24 November 2) Nature Criminal damage Theft/Loss/Removal of election advertisements Dispute cases Intimidation Complaint of noise nuisance Complaint of other nuisance Breach of EAC Reg/Guidelines relating to election advertisements False declaration by candidates Request Police investigation Request Police assistance Total (a) No, of Cases received from the public (b) No. of Cases referred from CC/Dept (c) Total No. of Cases received (a) + (b) RO Referred to CC ICAC _ Others _ Investigation underway 3 _ 3 Referral made _ Not substantiated _ 7 9 Progress of Cases in (c) No further action required Action completed Record Only Warned at scene _ Released 3 4 Arrested Prosecuted 2 3 2t 3* ^ "i

194 8 Appendix XXTX 2 Legislative Council Elections Number of Warnings Issued by the Complaints Committee Nature of breaches committed Election advertisements Electioneering activities on private premises False claims of support Employment of young persons under 8 years of age for canvassing/electioneering activities Disturbances to electors caused by use of loudspeakers/telephone canvassing/shouting electors' names in common areas of the premises Restrictions on presenters/regular contributors/columnists Unfair and unequal treatment by the media Total Number of warnings issued

195 8 Appendix XXX (Page /3) Press Release on Warning Issued by the Complaints Committee Principal warned for using pupils in electioneering sf:************************^ Commission: The following is issued on behalf of the Electoral Affairs The Electoral Affairs Commission warned a primary school principal for using his pupils as conduits to distribute election advertisements to their parents and to solicit support for a candidate running in the Election Committee subsector elections held on July 9. The principal of the afternoon session of Po Leung Kuk Vicwood K.T. Chong No. 2 Primary School, Mr Chan Yuk~fai, had breached the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections, a spokesman for the Commission said. After the subsector elections were over, the Commission received a complaint that Mr Chan distributed to his pupils a letter calling for support from their parents and relatives for an education subsector candidate, Mr Mak Kwaipo. The distribution of the letter was in breach of paragraph 2.4 of the Guidelines, which was known to Mr Chan.

196 82 Appendix XYY (Page 2/3) Paragraph 2.4 reads "Distribution of election advertisements is a form of electioneering activity. There may be school supervisors, principals or teachers who may support a particular candidate or list of candidate(s) in a geographical constituency (GC). While they are free to support any candidate or any such list of candidate(s) they prefer, they should not distribute or help distribution of election advertisements of any candidate or GC list to the parents of preprimary, primary or secondary pupils using the pupils as conduits. Moreover, they must not ask such pupils to request their parents to vote for any particular candidate or GC list." Mr Chan argued that the letters had been issued not in the form of a formal school notice and without bearing his official title. He had no intention of defying the Guidelines and his action was out of the thought that Mr Mak was worthy of his recommendation, Mr Chan said in his representations to the Commission. The Commission did not accept his explanation because he had indeed breached the Guidelines by using his pupils as conduits to canvass for a candidate irrespective of whether he issued the letters in his personal capacity or in the name of a school principal. "He has given unfair advantage to Mr Mak in his campaign activities and has violated the principle of fair and equal treatment to all candidates," the spokesman said. "Anybody in authority must not make use of his position to use young pupils under his charge for electioneering activities," he added.

197 83 Appendix XXX (Page 3/3) 'The Commission is dutybound to make elections fair, open and honest. Anyone breaching electoral rules or guidelines must be appropriately dealt with. The Commission decides to make public this case, hoping that it will deter similar unfair electoral activities in the future/' he said. Friday, August 4, 2

198 84 (Page /6) Press Release on Warning Issued by the Complaints Committee 32 principals warned for breaching electoral guidelines ###*#*##*####**###**##*##^ Commission: The following is issued on behalf of the Electoral Affairs The 32 principals of 37 primary schools and kindergartens run by Po Leung Kuk were warned by the Electoral Affairs Commission for breaching its Guidelines governing electioneering activities involving young pupils. They were found having used their pupils as conduits to distribute an appeal letter to their parents soliciting votes for Mr Mak Kwaipo, a candidate of the Election Committee subsector elections held on July 9. "The Commission strongly objects to principals and anybody in authority making use of young pupils under their charge to conduct electioneering activities. We hope that this message can be driven home loud and clear," a spokesman for the Commission said.

199 OC Appendix XXXT (Page 2/6) The Commission received several complaints after the elections about electioneering activities in some Po Leung Kuk schools breaching electoral rules. Investigations revealed that the 32 principals of 37 Po Leung Kuk primary schools and kindergartens had distributed stereotyped letters through their pupils to their parents enlisting support for Mr Mak. In their representations to the Commission, they stated that they had not deliberately violated electoral rules and some made the point that the letters had been issued in their personal capacity. Notwithstanding their explanations, the Commission ruled that they had violated paragraph 2.4 of Chapter 2 of the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections. In May this year, the Commission sent Chapter 2 of the Guidelines to all the primary schools concerned. Paragraph 2.4 states, "Distribution of election advertisements is a form of electioneering activity. There may be school supervisors, principals or teachers who may support a particular candidate or list of candidate(s) in a geographical constituency (GC). While they are free to support any candidate or any such list of candidate(s) (GC list) they

200 86 Appendix XXXI (Page 3/6) prefer, they should not distribute or help distribution of election advertisements of any candidate or GC list to the parents of preprirnary, primary or secondary pupils using the pupils as conduits. Moreover, they must not ask such pupils to request their parents to vote for any particular candidate or GC list." 'The purpose of the Guidelines is to prevent anyone in authority in a school from using his position to exert undue influence on the pupils in his charge and to enlist them to participate in any electioneering activity/ the spokesman said. In another complaint case, the principal of the afternoon session of Po Leung Kuk Vicwood K.T. Chong No. 2 Primary School, Mr Chan Yukfai, was warned on August 4 for using his pupils as conduits to distribute election advertisements of Mr Mak to their parents. The 6 principals of 7 primary schools and the 6 principals of 2 kindergartens being warned today are set out below: Primary school Principal Po Leung Kuk C.F.A. No. Primary School Po Leung Kuk Vicwood K.T. Chong No,2 Primary School (A.M.) Lo Lai Har Dung Kwong Ping

201 87 Po Leung Kuk Mrs. Chan Nam Chong Memorial Primary School (A.M.) Po Leung Kuk Mrs. Chan Nam Chong Memorial Primary School (P.M.) Po Leung Kuk Siu Hon Sum Primary School Po Leung Kuk Chan Yat Primary School (A.M.) Po Leung Kuk Chan Yat Primary School (P.M.) Po Leung Kuk Chee Jing Yin Primary School (A.M.) Po Leung Kuk Chee Jing Yin Primary School (P.M.) Po Leung Kuk Fong Wong Kam Chuen Primary School (A.M.) Po Leung Kuk Fong Wong Kam Chuen Primary School (P.M.) ExPo Leung Kuk Chong Kee Ting Primary School (A.M.) ExPo Leung Kuk Chong Kee Ting Primary School (P.M.) Po Leung Kuk Tin Ka Ping Primary School (A.M.) Po Leung Kuk Camoes Tan Siu Lin Primary School Appendix XXXT (Page 4/6) Lau Siu Ling Lau Siu Ling Ng Chun Ping Yan Yuen Yee Ng Kit Ying Tang Chok Ping Tarn Sheung Yue Chan Kam Chau Lo Suk Yu Yeung Veng Meng Wong Sang Ming Shiu Che Ying Yuen Lo Kam Lai

202 88 Appendix XXXI (Page 5/6) Po Leung Kuk Fung Ching Memorial Primary School Po Leung Kuk Wong Wing Shu Primary School Lam Heung Sing Tsang Bik Har Kindergarten Principal Po Leung Kuk Chong Shui Kit Kindergarten Po Leung Kuk Ng Tor Tai Kindergarten Po Leung Kuk Kam Hing Kindergarten Po Leung Kuk Tin Ka Ping Siu Hong Kindergarten Po Leung Kuk Tong Chor Nam Kindergarten Po Leung Kuk Tang Bik Wan Memorial Kindergarten Po Lueng Kuk Tin Ka Ping Kindergarten Po Leung Kuk Fung Leung Kit Memorial Kindergarten Po Leung Kuk Tick Chark Fung Kindergarten Po Leung Kuk Mrs. Chao King Lin Kindergarten Po Leung Kuk Tai So Shiu Wan Kindergarten Fok Siu Fung Lee Wai Ling Lee Wai Ling Chan Lai Foon Chan Lai Foon Chung Siu Mei Wan Kam Fong Tarn Mei Ying Lau Wai Kuen Leung Yiu Yuk Leung Yiu Yuk

203 89 Po Leung Kuk Ting Mau Kindergarten Po Leung Kuk Cheung Poon Mei Yee Kindergarten Po Leung Kuk Yick Kwai Fong Kindergarten Po Leung Kuk Mrs. Vicwood Chong Kee Ting Kindergarten Po Leung Kuk Chan Seng Yee Kindergarten Po Leung Kuk Li Tsui Chung Sing Memorial Kindergarten Po Leung Kuk Fong Wong Woon Tai Kindergarten Po Leung Kuk Fong Wong Kam Chuen Kindergarten ExPortuguese Community Schools Appendix XXXT (Page 6/6) Suen Wai Ha Suen Wai Ha Wong Yuk Ying So Sau Chin Hui Fung Ping Ho Lan Sang Lam Fung Chun Wong Hau Kuen Loh Ping Han The spokesman stressed that this warning was directed at the 32 principals personally and that it should not be considered as affecting the schools and kindergartens, or the other staff, pupils, or parents of pupils of the schools and kindergartens concerned. Friday, September 8, 2

204 9 Appendi* XYYTT (Page /) (Translation) Legislative Council General Election on September 2 New Territories West Geographical Constituency Electoral Affairs Commission Public Censure Against Mr TANG Siutong for Repeated Unauthorised Display of Election Advertisements Complaints The Electoral Affairs Commission ("EAC") received seven complaints alleging that Mr TANG Siutong, a candidate of the New Territories West geographical constituency, had displayed election advertisements without authorisation at various places of the New Territories West geographical constituency during the period from August to 9 September this year. Course of the Incident 2. It is stated in Chapter 5, titled "Display of Election Advertisements", of the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections (hereinafter referred to as "the Guidelines") published by the EAC on 5 May 2 that the Returning Officer ("RO") for each geographical constituency will allocate designated spots in his/her constituency for the Legislative Council general election to enable the candidates to conduct promotional

205 9 Appendix XXXTT (Page 2/) activities in a fair manner and these designated spots may be located on government land/property or on premises owned or occupied privately that have been made available for use by the Government. The RO will take into consideration the suggestions and views put forward by the candidates in drawing up the list of designated spots. The RO will arrange for the allocation of the various designated spots either by the mutual consent of representatives of the candidates or lists of candidates or by the drawing of lots after the close of nomination, when the number of candidates contesting in each geographical constituency has been ascertained. 3. It is clearly stated in paragraph 9 of Chapter 5 of the Guidelines that after the allocation of designated spots is made, the necessary written permission or authorisation, under s 4A of Cap 32 and s 4 of Cap 28, will have to be obtained by the candidates. Similarly, for display of election advertisements on private land/property the written consent of the owner or occupier concerned should be obtained [s 4A of Cap 32], A person displaying an election advertisement without the necessary written authorisation or consent commits an offence punishable by a fine of up to $,; the fine so incurred will also be treated as election expenses. Under s 2 of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation, a copy of the written consent must be deposited by the candidate with the RO before display of the election advertisement concerned. 4. The EAC has received a total of seven complaints against Mr TANG Siutong about the unauthorised display of his election

206 92 Appendix XXXTT (Page 3/) advertisements. The complaints are summarized as follows (the dates/period shown in brackets being the dates/period on which the complaints were received): 4. Complaint No. ( August) It was alleged that Mr Tang's list of candidates displayed an election advertisement at a nondesignated spot on the railings outside the Tin Yiu Shopping Arcade without authorisation. 4.2 Complaint No. 2 ( to 8 August) It was alleged that Mr Tang's list of candidates displayed election advertisements at the following nondesignated spots without authorisation: () the roadside railings near the Tin Shui Wai Government Primary School and along the road off the School (2) the old notice board of a former Regional Council member at the bus terminus at Tsing Yi Estate, Tsing Yi Island (3) the notice board of a Tsing Yi (Central) District Council member on the ground floor of Cheung Hong Commercial Centre Phase 2, Tsing Yi Island (4) the lift lobbies No. 5 & 6, Fung King House, Lai King Estate (5) the railings near Clague Garden Estate at Hoi Shing Road, Tsuen Wan

207 93 Appendix XXXTT (Page 4/) 4.3 Complaint No. 3 (23 August) It was alleged that Mr Tang displayed election advertisements at the following nondesignated spots without authorisation: () the pedestrian footbridge spanning across Tuen Mun Road and linking Hon Man Tsuen and Yau Kam Tau Tsuen in Tsuen Wan (2) the railings along the pavement at Beauty Court, Hung Shui Kiu, Yuen Long (3) the roadside at Sheung Cheung Wai, Ping Shan, Yuen Long 4.4 Complaint No. 4 (29 August) It was alleged that Mr Tang displayed election advertisements at the following nondesignated spots without authorisation: () Ping Ha Road; Yuen Long (2) Tin Ha Road, Yuen Long (3) Lau Fau Shan Road 4.5 Complaint No. 5 (2 September) It was alleged that Mr Tang displayed election advertisements at nondesignated spots near Chung Uk Tsuen in Tuen Mun without authorisation.

208 94 Appendix XXXTT (Page 5/) 4.6 Complaint No. 6 (7 September) It was alleged that Mr Tang displayed election advertisements at nondesignated spots on the roadside behind the Shung Tak Catholic English College in Tan Kwai Tsuen, Yuen Long, without authorisation. 4.7 Complaint No. 7 (9 September) It was alleged that Mr Tang's list of candidates displayed election advertisements at the following nondesignated spots without authorisation: () the railings outside the Hong Kong Bank, Castle Peak Road, Yuen Long (2) the railings at Tin Shing Road near the pedestrian crossing between Tin Tsz and Tin Yiu Estates (3) the railings along Castle Peak Road, Yuen Long (4) the railings near Tin Tsz and Tin Yiu Estates (5) the railings near the Chestwood Court LRT Stop, Tin Wah Estate, Tin Shui Road and Tin Wing Road (6) the railings at the no staying zone at Tun Yu School (7) the railings near the Tin Yiu and Tin Shui LRT Stops, and Tin Shing Court Commercial Centre (8) the railings outside the entrance of Kingswood Ginza, Tin Shui Wai (9) the railings near the footbridge at Shui Pin Wai Estate, Tin Shing Court and Long Ping () the railings near Shui Kwok House, Tin Shui Estate,

209 95 Appendix XXXIT (Page 6/) Tin Shui Wai () the exterior wall of Yuen Long District Council member KWOK Keung's office at Shui Moon House 3 Tin Shui Estate, and railings adjacent to the tunnel near Kingswood Ginza, Tin Shui Wai 5. The RO investigated and found these seven complaints substantiated. The RO issued a warning to Mr Tang's list of candidates on 5, 9 and 28 August this year with regard to complaint no.,2 and 3 respectively, reminding them to pay attention to the Guidelines and avoid further breaches. 6. As Mr TANG Siutong continued to repeatedly breach the rules regarding the display of election advertisements while well knowing that he had been warned before, after careful deliberation the EAC considered it necessary to issue a public censure against Mr Tang. Before doing so, the EAC gave him an opportunity to defend himself, by writing to him on October to ask him to make written representations to the EAC. Mr TANG Siiitong*s Response and Explanations 7. Mr Tang responded to the EAC on 2 October 2, giving the following explanations on the complaints: () Mr Tang alleged that the New Territories West GC, to which he belonged, was enormous in size and he had to rely on a large number of volunteers to help out in the distribution and

210 96 Appendix XXXTT (Page 7/) display of a tremendous quantity of election advertisements. In the manner in which responsibilities were divided among them, his campaigning team was mainly responsible for distributing and displaying his own posters and banners during the election period and he had very little knowledge of how the other election advertisements of his list were actually distributed and displayed. He therefore knew nothing about complaint no.,2 and 7. (2) To avoid breaching the Guidelines, he and his assistants, when distributing the publicity items to the volunteers to display, had repeatedly told these volunteers not to display publicity items at nondesignated spots, government facilities or land. However, in the rural areas, the boundaries between government and village/private land were often not very clear. There were election advertisements displayed at nondesignated spots but this was not done intentionally. Moreover, some volunteers, who were supposed to help display the publicity items, had asked somebody else to do the work for them instead. Some publicity items might have been moved to the nondesignated spots by others. This was beyond his control and his assistants'. Occasional mistakes were inevitable. (3) He also claimed that each time he received a complaint about display of his publicity items, he immediately arranged for such items to be dismantled and removed as

211 97 Appendix XXXTT (Page 8/) soon as practicable. He had repeatedly told the volunteers not to display his publicity items at nondesignated spots and never moved such items to nondesignated spots for display again after these had been removed. He was disappointed with the EAC's remark that he had "repeatedly breached the election legislation", thinking that this was unfair to him. Investigation Results and Justifications 8. The evidence gathered by the EAC reveals the following: () All the seven complaints relating to Mr TANG Siutong's unauthorised display of election advertisements described in paragraph 4 above were found substantiated after the RO had conducted investigation into the cases. (2) On 5, 9 and 28 August this year, the RO of the New Territories West geographical constituency issued a written warning to Mr Tang's list of candidates with regard to complaint no., 2 and 3 respectively, urging them to observe the relevant electoral legislation and the Guidelines and avoid making further breaches. Mr Tang and his list should have well been aware of the seriousness of the matter and should avoid breaching the electoral regulations and Guidelines again. However, during the period from 29 August to 9 September, four more complaints were received by the EAC on the illegal display of election advertisements by Mr Tang and his list. After thorough vetting, the EAC

212 98 Appendix XXXTT (Page 9/) considered it necessary to issue a censure against Mr Tang. But he would first be given a chance to make representations in accordance with the law. (3) In his response, Mr Tang claimed that in the manner in which responsibilities were divided among them, his campaigning team was mainly responsible for the distribution and display of his posters and banners during the election period. He knew very little about how the other publicity items of his list were actually distributed and displayed and hence had little knowledge of complaint no., 2 and 7. This explanation could not be acceptable. Mr Tang, as a member of his list, should have kept abreast of all publicity matters relating to the list and should be held responsible for such matters. Ignorance of the cases on the ground of division of responsibilities among his helpers should not be an excuse. (4) He also claimed that some volunteers who were supposed to help display the publicity items had asked somebody else to do the job for them instead and some publicity items might have been moved to the nondesignated spots by others. These were beyond his control and his assistants'. The EAC found such explanations totally unacceptable as a candidate should assume full responsibility for the behaviour and action of his/her campaigning team. The EAC felt regretful for Mr Tang's attitude of evading the responsibility

213 99 Appendix XXXTT (Page /) for the mistakes he had made. The Censure 9. The EAC is most disappointed to note that despite all the advice, warnings and the opportunities given, Mr Tang continued to disregard the importance of maintaining fairness in the election. His breaching the Guidelines even after he has been warned is inexcusable. It is the obligation of all candidates to comply with the Guidelines and no candidates should shift their responsibilities onto the others or their campaign assistants. The Guidelines would become nullified and impracticable if the candidates were not being held responsible for any unfair acts done to the other candidates owing to the fact that canvassing activities were left in the hands of their campaign assistants. The EAC is therefore of the opinion that a public censure is appropriate and due and takes this opportunity to issue this public ensure. (signed) (WOO Kwokhing) Chairman Election Affairs Commission 8 October 2

214 2 Appendix XXXTTT (Page /5) (Translation) Legislative Council General Election on September 2 Kowloon West Geographical Constituency Electoral Affairs Commission Public Censure Against Mr Frederick FUNG Kinkee for Repeated Unauthorised Display of Election Advertisements Complaints The Electoral Affairs Commission (the "EAC") has received 3 complaints against Mr Frederick Fung Kinkee, No.l candidate on the list of candidates of the Kowloon West geographical constituency, for having breached s 2 of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation ("EAC(EP)(LC) Reg") between 9 July 2 and September 2. Course of the Incident 2. It is stated in Chapter 5, titled "Display of Election Advertisements", of the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections (hereinafter referred to as "the Guidelines") published by the EAC on 5 May 2 that the Returning Officer ("RO") of each geographical constituency will allocate

215 2 Appendix XXXTTT (Page 2/5) designated spots in his/her constituency to enable the candidates in the Legislative Council elections to conduct canvassing activities in a fair manner and these designated spots may be located on government land/property or on premises owned or occupied privately and made available for use by the Government. The RO will take into consideration the suggestions and views put forward by the candidates in drawing up the list of designated spots. The RO will arrange allocation of the designated spots by means of either the mutual consent of the representatives of the candidates or lists of candidates or the drawing of lots after the close of nomination, when the number of candidates contesting in each geographical constituency has been ascertained. 3. It is stated in paragraph 5.9 of the Guidelines that in respect of designated spots, the ROs will obtain prior approval from the relevant authorities under s 4A of Cap 32 and s 4 of Cap 28 for candidates to display their election advertisements at the designated spots. Immediately after the allocation of designated spots is made, copies of the written permission or authorisation required by the relevant legislation will be provided to the candidates by the RO of the constituency concerned. For display of election advertisements on private premises, written permission or authorisation of the owner or occupier concerned will have to be obtained by the candidates themselves [s 4A of Cap 32]. A person displaying an election advertisement without the necessary written permission or authorisation commits an offence punishable by a fine of up to $,. The fine so incurred will be counted as election expenses. In addition, before a candidate displays or distributes an election advertisement, he or she must submit to

216 22 Appendix XXXIII (Page 3/5) the RO a copy of the written permission or authorisation, a declaration in respect of the election advertisement and two copies of the advertisement, as required by s 2 of the EAC(EP)(LC) Reg. Each election advertisement must also be serially numbered. 4. The EAC received a report from the RO of the Kowloon West geographical constituency stating that there had been 3 complaints against Mr Frederick Fung Kinkee between 9 July 2 and September 2. Investigations established that in all of the 3 complaint cases Mr Fung had breached s 2 of the EAC(EP)(LC) Reg concerning election advertisements. The complaint cases are listed as follows (the dates shown in brackets being the dates on which the complaints were received): Complaint No. (9 July) Mr Fung displayed without authorisation his election advertisements at: () the railings near the Fa Yuen Street Complex at the junction of Tung Choi Street and Mong Kok Road; (2) the railings in front of the building at No.37A Tai Kok Tsui Road; (3) the railings in front of the building at No.29 Tai Kok Tsui Road; (4) the railings off Hoi Yu House, Hoi Fu Court; (5) the railings in front of the Kik Pan Fast Food Shop, Hoi Wang Road; (6) the railings in front of the Tai King Roast Shop Corp., Hoi

217 23 Appendix XXXTTT (Page 4/5) Wang Road; and (7) the railings at the junction of Argyle Street and Canton Road; and failed to deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32, the declaration in respect of the election advertisements and two copies each of the election advertisements, before the election advertisements were displayed. The election advertisements were also not serially numbered. Complaint No. 2( August) Mr Fung failed to deposit with the RO the declaration in respect of, and two copies of, a publicity leaflet bearing Mr Frederick Fung Kinkee's name before distributing it. (The leaflet showed a strong protest against the West Rail for disregarding the personal safety of Ching Lai Court residents and raised a demand for strengthening the security system on the iron bridge.) Complaint No.3 (4 August) Mr Fung displayed election advertisements without authorisation on the wire mesh alongside the access road for emergency vehicles at Ho Man Tin Estate and could not be able to deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32, a declaration in respect of the election advertisements and two copies of the election advertisements. Complaint No.4 (23 & 25 August) Mr Fung displayed election advertisements without authorisation

218 24 Appendix XXXIII (Page 5/5) at the railings at the junction of Fu Ling Street and Argyle Street, and at the railings in front of No. 9 Ma Tau Kok Road and could not be able to deposit with the RO a copy of the permission obtained for the purposes ofsl4aofcap!32. Complaint No.5 (25 August) Mr Fung failed to deposit with the RO a copy of the permission issued to him by the estate management office of Mei Foo Sun Chuen Stage 2 for the purposes of s 4A of Cap 32, before displaying the election advertisements. Complaint No.6 (28 August) Mr Fung failed to deposit with the RO a declaration in respect of, and two copies of, a work report entitled "Work Report (6) on the Demand for the Reconstruction of So Uk" with Mr Fung's name printed on it, before distributing it. Complaint No.7 (3 August) Mr Fung displayed election advertisements without authorisation along the two sides of the corridor on the ground floor of Cheong Yin House, Nam Cheong Estate and could not be able to deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32. Complaint No.8 (3 August) Mr Fung displayed election advertisements without authorisation at the railings off No. 5 King Wah Street and off No. 273 A Un Chau Street and could not be able to deposit with the RO a copy of the

219 25 Appendix XXXTTT (Page 6/5) permission obtained for the purposes of s 4 A of Cap 32. Complaint No.9 ( September) Mr Fung displayed election advertisements without authorisation at the railings at the junction of San Shan Road and Pau Chung Street and could not be able to deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32. Complaint No. (5 September) Mr Fung displayed election advertisements without authorisation off the CRS Supermarket in the Ching Lai Commercial Centre and failed to deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32, a declaration regarding, and two copies of, the election advertisements. Complaint No. (5 September) Mr Fung failed to deposit with the RO a copy of the permission issued to him by the Ching Lai Court Owners' Corporation for the purposes of s 4A of Cap 32, before displaying the election advertisements. Complaint No. 2 (S September) Mr Fung failed to deposit with the RO a copy of the permission issued to him by the owners of the building at No. 52 Fuk Wing Street for the purposes of s 4A of Cap 32, before displaying the election advertisements.

220 26 Appendix XXXTTT (Page 7/5) Complaint No. 3 ( September) Mr Fung displayed election advertisements without authorisation on the exterior walls of the Chiyu Bank at No. 323 To Kwa Wan Road, Kowloon City and at the gate of the Kwangtung Provincial Bank at No. 25 Nga Tsin Wai Road, Kowloon City and could not be able to deposit with the RO a copy of the permission obtained for the purposes of s 4 A of Cap 32. Warnings 5. The EAC learnt that the RO had issued warning letters to Mr Frederick Fung Kinkee with regard to complaint No., 2 and 3 on 5 & 25 August and 6 September respectively, requesting him to comply with the Guidelines and the relevant electoral regulations and avoid breaching the rules again, or else the EAC would take further action against him. On 6 September, the RO wrote to Mr Fung again, informing him that because of his repeated breaches of the Guidelines and regulations, his complaint cases had been referred to the EAC for followup action. Representations 6. After careful vetting of Mr Frederick Fung Kinkee's cases of noncompliance of the Guidelines and regulations, the Complaints Committee of the EAC felt with deep regrets that Mr Fung had been violating the law deliberately and snubbing the need to maintain fairness in electoral activities. The EAC was of the view that a public censure against Mr Fung was necessary for the sake of maintaining fairness in electoral activities. Before issuing the censure, the EAC gave Mr Fung

221 27 Appendix XXXTTT (Page 8/5) an opportunity to make representations in accordance with s 6(4) of the Electoral Affairs Commission Ordinance. On October 2, the EAC wrote to Mr Fung and asked him to give explanations or make representations in writing with regard to the complaint cases concerned on or before 3 October 2. Mr Fung's Response and Explanations 7. Mr Fung responded to the EAC on 3 October 2 with the following explanations Complaint No. Mr Fung had not sent in his nomination at that time and therefore his campaign assistants could not have obtained the permission. As for copies of the election advertisements and the declaration, the deposit was made on 2 July. Complaint No.2 The declaration and copies of the publicity leaflet were deposited with the RO on 7 August. Complaint No. 3 Mr Fung believed that his campaigning team, when conducting electioneering activities, had meant to put up his election advertisements at the spots in question temporarily, thinking that shorttime display of election advertisements did not require written authorisation. As regards the publicity flags, the declaration and copies were deposited with the RO on 9 September; for the banners, the declaration and copies

222 28 Appendix XXXTTT (Page 9/5) had been deposited on 2 August. Complaint No. 4, 8 & 9 When trying to put up the election advertisements at the designated spots shown on the map, some members of Mr Fung's campaigning team might have put up the election advertisements at the wrong spots simply because of negligence, since they were not familiar with the places shown on the map. However, Mr Fung had not received such complaints before. He was therefore not sure whether he had ever committed such an offence. Complaint No. 5 Written permission was issued by the estate management offices of Mei Foo Sun Chuen Stages 8 on 25 August. Complaint No. 6 The declaration and copies of the election advertisement had been deposited with the RO on 7 August. Complaint No. 7 The Posters, which were meant to be posted on the exterior walls of the office of Southern District Council Member Mr Wai Woonnam of the Hong Kong Association for Democracy and People's Livelihood ("ADPL") at Cheong Yin House, Nam Cheong Estate, might have been misplaced along the corridor by Mr Fung's campaigning team. However, Mr Fung had not received any complaint on this before. He therefore was not sure whether he had committed such an offence.

223 29 Appendix XXXTTT (Page /5) Complaint No. When trying to put up the election advertisements at the designated spots shown on the map, some members of Mr Fung's campaigning team might have put up the election advertisements at the wrong spots simply because of negligence, since they were not familiar with the places shown on the map. However, Mr Fung had not received any complaint on this before. He was therefore not sure whether such an offence had ever been committed. As regards the declaration and copies of the election advertisements, they were deposited with the RO on 9 September. Complaint No. Written permission was issued by the Ching Lai Court Owners' Corporation on 9 August. Complaint No. 2 When trying to put up election advertisements according to the locations marked on the map, some members of Mr Fung's campaigning team might have posted the election advertisements at the wrong spots because of negligence, since they were not familiar with the places shown on the map. However, Mr Fung had not received any complaint on this before. He was therefore not sure whether such an offence had ever been committed. Complaint No. 3 The case occurred on the polling day when numerous people were involved in electioneering activities and some of them might not be

224 2 Appendix XYYTTT (Page /5) familiarised with the electoral rules well enough. Nevertheless, the person in charge of Mr Fung's campaigning team had taken immediate action to rectify the situation whenever irregularities occurred. 8. Mr Fung could neither accept nor agree with the EAC's remark in its letter of October that he had been "violating the law deliberately and snubbing the need to maintain fairness in electoral activities". He stated that he and his campaigning team had all the time been doing their best to abide by the electoral rules. However, electioneering involved such an enormous amount of work (ie putting up more than a thousand publicity boards and thousands of posters, distributing tens of thousands of leaflets) that, despite the best of their efforts to abide by the electoral rules, his campaigning team might have inadvertently failed to comply with the relevant requirements technically. Such acts of noncompliance were by no means intentional. It would be inconsiderate for the EAC to conclude that a candidate's act of breaching the law is intentional and deliberate without informing the candidate of the complaint lodged against him and allowing him reasonable time to remedy the situation. Mr Fung therefore hoped that the EAC would treat his case leniently, having regard to the fact that the said breaches of the electoral rules were not meant to be intentional. Investigation Results and Justifications 9. The evidence gathered by the EAC reveals that: Complaint No. According to paragraph 5.2 of the Guidelines, "'candidate'

225 2 Appendix XXXIII (Page 2/5) includes a person who has publicly declared an intention to stand for election in respect of a particular constituency, whether or not he has submitted a nomination paper. The reference to 'candidate 9 in this chapter [Chapter 5] includes a GC [geographical constituency] list to which the list voting system of proportional representation applies." The media reported on 7 July that ADPL announced at its launching ceremony of 6 July the nomination of Mr Fung and Mr Liu Singlee as candidates for the Legislative Council general election for the Kowloon West geographical constituency in September. Therefore, although Mr Fung had not submitted his nomination form yet on 9 July, he, as a candidate, ought to have complied with the rules on election advertisements set out in Chapter 5 of the Guidelines and s 2 of the EAC(EP)(LC) Reg, ie that a candidate must, before he displays an election advertisement, deposit with the RO a copy of the permission obtained for the purposes of s 4A of Cap 32, a declaration made in respect of the election advertisement and 2 copies of the relevant election advertisement, and that the election advertisement must also be serially numbered. Even though Mr Fung subsequently took remedial action by submitting to the RO a declaration made in respect of the election advertisements and copies of the relevant election advertisements on 2 July, he had in the first place breached the rules concerned. The RO had already urged Mr Fung to take note of and comply with the electionrelated regulations and Guidelines in his warning letter to Mr Fung dated 5 August this yean Complaint No.2 & 6 Under ss 2(5), (6) & (7) of the EAC(EP)(LC) Reg, a candidate

226 22 Appendix XXXTTT (Page 3/5) must submit to the RO a declaration in respect of the election advertisements and copies of the election advertisements before the election advertisements are distributed. Information provided by the RO showed that Mr Fung did breach the rules concerned first, as he had already distributed the election advertisements in question before he submitted the declaration to the RO on August 7. The RO issued his second warning letter on 25 August 2 with regard to complaint No. 2, reminding Mr Fung again of the need to pay attention to and comply with the electionrelated regulations and Guidelines. Complaint No.3 Paragraph 5.9 of the Guidelines states that for display of election advertisements on private land/premises, the candidate must obtain written permission from the owner concerned under s 4A of Cap 32, and that a person displaying an election advertisement without the necessary written permission commits an offence. Although Mr Fung alleged that the election advertisements were only hung at the spot in question temporarily, it was still a breach in the first place. Again, Mr Fung had breached ss 2(5), (6) & (7) of the EAC(EP)(LC) Reg before he deposited with the RO the declaration made in respect of his publicity flags. The RO issued him the third warning letter on 6 September 2, urging him for the third time to comply with the electionrelated regulations and Guidelines under all circumstances. Complaint No.*, 7, 8 T Q. 2&3 According to the outcome of the RO's investigations, all the complaints were found substantiated. In exercise of the power given to

227 23 Appendix XXXTTT (Page 4/5) him under s 2(5) of the EAC(EP)(LC) Reg, the RO removed the election advertisements in question. (The election advertisement illegally displayed by Mr Fung at the railings off No. 273A Un Chau Street as referred to in complaint No.8 was removed by the candidate's election agent on notification by the Complaints Unit of the Sham Shui Po District Office on 3 August 2.) The RO also wrote to Mr Fung on 6 September 2 with regard to complaint No.4, informing him that the complaint had been substantiated, and that because he had already breached the election regulations and Guidelines four times, his cases had been referred to the EAC for follow up action. As for the election advertisements in complaint No., Mr Fung deposited with the RO his declaration only after he had displayed the advertisements (ie after September 5). He had therefore breached ss 2(5), (6) & (7) of the EAC(EP)(LC) Reg in the first place. Complaint No.5 & Although Mr Fung had obtained written permission from the estate management office of Mei Foo Sun Chuen Stage 2 and the Ching Lai Court Owners' Corporation, he failed to comply with s 2(a) of the EAC(EP)(LC) Reg, which requires a copy of the permission to be deposited with the RO before an election advertisement is displayed. The two complaints were therefore substantiated. The Censure. The EAC is most disappointed to note that despite all the advice, warnings and the opportunities given, Mr Fung continued to disregard the importance of maintaining fairness in the election. His breaching the

228 24 Appendix XXXIII (Page 5/5) Guidelines even after he has been warned is inexcusable. It is the obligation of all candidates to comply with the Guidelines and no candidates should shift their responsibilities onto the others or their campaign assistants. The Guidelines would become nullified and impracticable if the candidates were not being held responsible for any unfair acts done to the other candidates owing to the fact that canvassing activities were left in the hands of their campaign assistants. The EAC is therefore of the opinion that a public censure is appropriate and due and takes this opportunity to issue this public censure. (Signed) (WOO Kwokhing) Chairman Election Affairs Commission 8 October 2

229 25 Appendix XXXTV (Page /28) (Translation) Legislative Council General Election on September 2 Kowloon West Geographical Constituency Electoral Affairs Commission Public Censure Against Mr Jasper TSANG Yoksing, Mr CHUNG Kongmo, Mr PUN Kwokwah and Mr WONG Waichuen for Repeated Unauthorised Display of Election Advertisements Complaints The Electoral Affairs Commission ("EAC") has received a report from the Returning Officer ("RO") of the Kowloon West geographical constituency showing a total of complaints lodged between 27 July and 9 September 2 against that Mr Jasper Tsang Yoksing, Mr Chung Kongmo, Mr Pun Kwokwah and Mr Wong Waichuen (ie No. 2 list of candidates of the Kowloon West geographical constituency) for illegally displaying election advertisements at various places in the aforesaid constituency.

230 26 Appendix XXXTV (Page 2/28) Course of the Incident 2. It is stated in Chapter 5, titled "Display of Election Advertisements", of the Guidelines on Electionrelated Activities in respect of the 2 Legislative Council Elections (hereinafter referred to as "the Guidelines") published by the EAC on 5 May 2 that the Returning Officer ("RO") for each geographical constituency will allocate designated spots in his/her constituency for the Legislative Council general election to enable the candidates to conduct promotional activities in a fair manner and these designated spots may be located on government land/property or on premises owned or occupied privately that have been made available for use by the Government. The RO will take into consideration the suggestions and views put forward by the candidates in drawing up the list of designated spots. The RO will arrange for the allocation of the various designated spots either by the mutual consent of representatives of the candidates or lists of candidates or by the drawing of lots after the close of nomination, when the number of candidates contesting in each geographical constituency has been ascertained. Each GC list will be as far as practicable allocated the same number of designated spots. 3. It is clearly stated in paragraph 9 of Chapter 5 of the Guidelines that for the designated spots, the ROs will have to obtain prior approval from the relevant authorities under s 4A of the Public Health and Municipal Services Ordinance (Cap 32) and s 4 of the Land (Miscellaneous Provisions) Ordinance (Cap 28) for the candidates to

231 27 Appendix XXXTV (Page 3/28) display their election advertisements. Immediately after the allocation of designated spots is made, the RO will provide the candidates each with a copy of the written permission or authorisation required by the relevant legislation. For display of election advertisements on private premises, written permission or authorisation of the owner or occupier concerned will have to be obtained by the candidates themselves (s 4A of Cap 32). A person displaying an election advertisement without the necessary written permission or authorisation commits an offence punishable by a fine of up to $,; the fine so incurred will also be treated as election expenses. Moreover, the candidate must deposit with the RO a copy of the written permission or authorisation before display or distribution of the election advertisement concerned as required by s 2()(a) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation ("EAC(EP)(LC) Reg"). 4. The RO of the Kowloon West geographical constituency received a total of complaints between 27 July and 9 September 2 against Mr Jasper Tsang Yoksing, Mr Chung Kong~mo, Mr Pun Kwokwah and Mr Wong Waichuen for illegally displaying election advertisements. Investigations by the RO confirmed that Mr Tsang, Mr Chung, Mr Pun and Mr Wong had breached the provisions of s 2()(a) of the EAC(EP)(LC) Reg in that they had not, before displaying election advertisements, deposited with the RO a copy of the written permission or authorisation obtained for the purposes of s 4(A) of the Public

232 28 Appendix XXXTV (Page 4/28) Health and Municipal Services Ordinance. Details concerning the locations and dates of their illegal display of election advertisements are as follows (the dates/period shown in brackets being the dates/period on which the complaints were received)! 4. Complaint No. (27 July) The common walls on the ground floor, first floor and second floor of the Hung Horn Market. 4.2 Complaint No. 2 ( August) The nondesignated display spots and designated display spots allocated to other candidates in the lift lobbies of Blocks 9, 2, 2, 42,43 and 44 of the Shek Kip Mei Estate. 4.3 Complaint No. 3 (22 August) The railings at the junction of Nga Tsin Wai Road and Grampian Road. 4.4 Complaint No. 4 (23 August) The railings at the junction of Shing Tak Street and Fu Ning Street

233 29 Appendix XXXTV (Page 5/28) and the railings at the junction of Lomond Road and Prince Edward Road West. 4.5 Complaint NO 5 (from 28 August to 7 September) The lobby on the ground floor of each building in Mei Foo Sun Chuen Stage Complaint No. 6 (29 August) () Junction of Temple Street and Jordan Road. (2) Junction of Temple Street and Ning Po Street. (3) Junction of Temple Street and Saigon Street. (4) Junction of Temple Street and Kansu Street. (5) Junction of Reclamation Street and Nanking Street. (6) Junction of Reclamation Street and Saigon Street. (7) Junction of Reclamation Street and Pak Hoi Street. (8) Junction of Reclamation Street and Battery Street. These election advertisements did not bear printing details as required by s 34() of the Elections (Corrupt and Illegal Conduct) Ordinance, nor did they bear serial numbers as required by s 2() of the EAC(EP)(LC) Reg. Copies of consent of support were not deposited with the RO before the display of the election

234 22 Appendix XXXIV (Page 6/28) advertisements concerned as required by s 2()(b) of the EAC(EP)(LC) Reg. 4.7 Complaint No. 7 (3 August) The pedestrian link on the ground floor of Cheong Yin House, Nam Cheong Estate. These election advertisements did not bear printing details as required by s 34() of the Elections (Corrupt and Illegal Conduct) Ordinance, nor did they bear serial numbers as required by s 2() of the EAC(EP)(LC) Reg. A statutory declaration and two copies of each election advertisement were not deposited with the RO before the display of the election advertisements concerned as required by s 2(5) and (6) of the same Regulation. 4.8 Complaint No. 8 (3 August) () The railings outside 389B2 Castle Peak Road near King Wah Street. (2) The railings outside 25 King Wah Street. (3) The railings facing Hing Wah Street near Wing Cheong Home Centre. (4) F4 (a designated spot allocated to another list of

235 22 Appendix XXXTV (Page 7/28) candidates) at the railings outside 273 A Un Chau Street. 4.9 Complaint No. 9 (from 6 September to 7 September) Common areas of Blocks A, B, C, D, F and G of Ching Lai Court. 4. Complaint No. (from 7 September to 8 September) () The central divider at the junction of Nathan Road and Bute Street. (2) The central divider at the junction of Nathan Road and Soy Street. (3) The central divider at the junction of Ivy Street and Tai Kok Tsui Road. (4) The railings outside Cherry Mansion in Cherry Street. (5) The railings at the junction of Nathan Road and Dundas Street. (6) The central divider at the junction of Nathan Road and Prince Edward Road West. These election advertisements did not bear printing details as required by s 34() of the Elections (Corrupt and Illegal Conduct) Ordinance, nor did they bear serial numbers as required by s 2() of the EAC(EP)(LC) Reg. A statutory declaration, two copies of each election advertisement and a copy of consent of support were

236 222 Appendix XXXTV (Page 8/28) not deposited with the RO before the display of the election advertisements concerned as required by ss 2(5), (7) and ()(b) of the same Regulation. 4. Complaint No. (9 September) The railings along Ma Tau Wai Road and To Kwa Wan Road. Note: The election advertisements involved in all the complaints except complaint No. 7 belonged to the No. 2 list of candidates of the Kowloon West geographical constituency. The election advertisements involved in complaint No. 7 belonged to Mr Jasper TSANG himself. 5. The RO sent written warnings to Mr Tsang, Mr Chung, Mr Pun and Mr Wong on 7, 23, 25 August and 5 September 2 with regard to complaint No., 2, 3 and 4 respectively, reminding them to take note of the Guidelines and to avoid making breaches again. In the letter to them dated 5 September, the RO pointed out very clearly that they had breached the Guidelines four times and he would hence refer their cases to the EAC for followup action. 6. Following that, the RO received a total of seven complaints about the unauthorised display of election advertisements by Mr Tsang,

237 223 Appendix XXXIV (Page 9/28) Mr Chung, Mr Pun and Mr Wong between 28 August and 9 September 2. Having investigated these cases and found them substantiated, the RO reported to the EAC. After careful deliberation, the EAC considered it necessary to issue a censure against them for the sake of maintaining fairness in electoral activities. Before issuing the censure, the EAC gave them an opportunity to make representations in accordance with s 6(4) of the EAC Ordinance and wrote to them on October, requesting them to give explanations or make representations on the complaints at or before 2 noon on 3 October. The Response and Explanations of Mr Tseng, Mr Chimg y Mr Pun and Mr Wong 7. Mr Tsang, Mr Chung, Mr Pun and Mr Wong wrote to the EAC on 2 October 2 and gave explanations on the complaints as follows: 7. Complaint No. According to their election agent, Mr Kan Chiho, their volunteers did not know that the posters had to be posted on the interior walls instead of the exterior walls of the market stalls. When Mr Kan learnt from the RO that the posters had been put up at the wrong spots, he immediately rectified the situation and apologized to the RO, who accepted his explanation.

238 224 Appendix XXXIV (Page /28) 7.2 Complaint No. 2 That the posters were put up at the wrong spots in the lift lobbies of several blocks in the Shek Kip Mei Estate was believed to be due to the negligence of the volunteers. Their election agent, having learnt from the RO that the posters had been put up at the wrong spots, immediately rectified the situation and apologized to the RO, who accepted his explanation. 7.3 Complaint No. 3 Their election agent immediately inquired the volunteers about the matter and found that the publicity boards had not been put up at the spot in question. It was suspected that someone else had intentionally moved the publicity boards to that spot. They had already lodged a countercomplaint on this matter. 7.4 Complaint No. 4 They believed that it was also a mistake made by the volunteers. In fact, the volunteers had been given maps and briefed on the locations for displaying the election advertisements before they helped to put up the publicity boards. However, some of the volunteers might not have read the maps correctly and hence mistakes occurred. Immediately on receipt of the RO's notification, their election agent arranged for the publicity boards in

239 225 Appendix XXXTV (Page /28) question to be removed and furnished the RO with explanations. They claimed that from the fifth complaint onwards, the RO did not inform them of any complaints received against them. 7.5 Complaints No. 5 and No, 9 () In these cases, the election advertisements in Mei Foo and Ching Lai Court were posters. The election advertisements in these two private residential areas had to be put up by the caretakers on their behalf, and in Mei Foo deposits had to be lodged first before election advertisements could be displayed. They would not have put up the election advertisements without permission. Besides, the election advertisements were put up in the whole estate and all the application procedures had been followed. They could not understand why there was such an allegation. (2) According to their election agent, permission to display their election advertisements had been signed and faxed to the RO as required. 7.6 Complaint No. 6 () They had already obtained the consent of support from the organisations concerned, which was then faxed to the RO.

240 226 Appendix XXXIV (Page 2/28) (2) The election advertisements at locations () to (8) were banners bearing serial numbers, and photographs had been taken. Such photographs were deposited with the RO as required. (3) The banners referred to in this complaint were all PVC banners. The wording on the banner was made by sticking prefabricated Chinese characters onto the banner one by one. These banners were not printed matters and hence did not bear printing details. They understood that this was not in breach of the election legislation. 7.7 Complaint No. 7 () The election advertisement referred to was a poster produced by means of photocopying, which did not bear printing details. No statutory declaration had been deposited with the RO. (2) This poster, which was on objecting the Government's proposal of introducing the sales tax, was produced and displayed by the Democratic Alliance for Betterment of Hong Kong ("DAB") in January this year. That was before the Financial Secretary made the budget speech. The Government later announced in March that this proposal would be shelved temporarily. So there was no

241 227 Appendix XXXIV (Page 3/28) point for them to put up such posters at the end of August. Therefore, they believed that they had been framed. Since the aforesaid items were not their election advertisements; nor were they being displayed during the election period, it followed that the posters needed not bear printing materials and no statutory declaration should be deposited with the RO. 7.8 Complaints No. 8 f and () They thought that the subject matter of the complaints was not clear. If the complaint was about publicity boards having been put up at the spots allocated to someone else, then it might probably be the fault of the volunteers. For instance, they might have mistaken the labels marking the areas of the spots for putting up the boards and would hence put up the boards at the wrong spots. (2) The election advertisements referred to in the complaints were all wooden publicity boards with the displayed items screenprinted. These boards were produced by the Clear Water Bay Road Film Studio and all bore "printing details 55 labels (they thought that screenprinted materials were not printed matters and needed not bear printing details, but to play safe, they still arranged for the boards to bear "printing

242 228 Appendix XXXIV (Page 4/28) details 55 labels) and serial numbers. They had also deposited the required documents with the RO. With hundreds of publicity boards produced, why were the printing details missing on only a few publicity boards? They guessed that the boards had been exposed to the elements and the "printing details" labels might have fallen off; or they had been maliciously torn away. 7.9 They claimed that they had respected very much the electoral legislation and had acted prudently throughout the election period. As regards the aforesaid complaints, except for the fact that their volunteers might have displayed the election advertisements at wrong spots by mistake, there could be other reasons for the other cases and it was not that they had disobeyed the rules. Moreover, every time as soon as they knew that they had put up the election advertisements at the wrong spots, they took immediate remedial action. The RO only informed them of complaint No. to 4 at the early stage; as regards complaint No. 5 to, they had never known about them and could therefore in no way take any remedial action. 7. They believed that they had all the time been prudent in what they were doing and had observed the relevant legislation. They should not be accused of such allegations as lacking serial numbers, printing details, consent of support or permission for

243 229 Appendix XXXTV (Page 5/28) display of election advertisements. They had certainly not "snubbed the importance of maintaining fairness in the election" and "breached the law deliberately". They looked for justice from the EAC. Investigation Results and Justifications 8. The evidence obtained by the EAC indicates that: 8. Complaint No. () According to the RO's investigation report, the Complaints Unit of the Kowloon City District Office ("Kowloon City Complaints Unit") received this complaint in the afternoon on 27 July and investigated the case at the Hunghom Market with staff of the Food and Environmental Hygiene Department ("FEHD") on the next day. They found that a total of 38 posters had been put up on the public walls on the ground floor, first floor and second floor of the market. (2) FEHD staff confirmed that the public walls were managed by FEHD, but no written permission had ever been given to Mr Tsang, Mr Chung, Mr Pun and Mr Wong to put up their posters on these public walls.

244 23 Appendix XXXIV (Page 6/28) (3) FEHD staff removed immediately the posters in question. (4) The complaint having been substantiated, the RO issued a warning letter on 7 August to Mr Tsang, Mr Chung, Mr Pun and Mr Wong. The situation was not what they claimed to have "immediately rectified the situation and apologised to the RO, who accepted the explanation". 8.2 Complaint No. 2 () According to the RO's investigation report, the Shek Kip Mei Estate Office and the Complaints Unit of the Sham Shui Po District Office received this complaint at 2: noon and 4:2 pm respectively on August. Staff of the Housing Department conducted an onsite investigation at around : prn that day and found that the election advertisements had been put up at nondesignated spots in the lift lobbies of Block 9, 2, 2, 42, 43 and 44 and designated spots which were allocated to other candidates. (2) Staff of the Housing Department inspected the relevant spots again at around 4:3 pm that day together with their cleansing staff and found that the election advertisements in question had already been removed. The EAC accepted

245 23 Appendix XXXIV (Page 7/28) the explanation given by Mr Tsang, Mr Chung, Mr Pun and Mr Wong that they had, having received notification from the R 5 instantly rectified the situation by removing the election advertisements. 8.3 Complaint No. 3 () According to the RO's investigation report, the Kowloon City Complaints Unit received this complaint at 3:55 pm on 22 August and visited the site at around 4:3 pm. It was found that there were two publicity boards displayed at the railings at the junction of Nga Tsin Wai Road and Grampian Road. (2) The RO lodged an enquiry with the Lands Department on this, only to learn that Mr Tsang, Mr Chung, Mr Pun and Mr Wong had not obtained permission from the Lands Department to display their publicity boards at the spot mentioned above. The RO therefore arranged for FEHD staff to remove these publicity boards at around :3 am on 23 August and issued a warning letter to them on the same day. (3) According to the RO's records, the candidates* election

246 232 Appendix XXXIV (Page 8/28) agent, Mr Kan Chiho, had called the RO after having received the warning letter and pointed out that they had not displayed publicity boards at the spot in question. He alleged that the publicity boards could have been moved there deliberately by somebody else. The RO suggested that Mr Kan should report directly to the Police for investigation. However, the RO later learnt that Mr Kan had never reported this case to the Police. Hence the EAC could not accept their explanation that the publicity boards were being moved to the spot in question deliberately by somebody else. 8.4 Complaint No. 4 () According to the RO's investigation report, the Kowloon City Complaints Unit received this complaint at :3 am on 23 August and subsequently conducted an onthespot investigation with FEHD staff at around :3 am. They found that two publicity boards were being displayed separately at nondesignated spots at the railings at the junction of Shing Tak Street and Fu Ning Street and the railings at the junction of Lomond Road and Prince Edward Road West.

247 233 Appendix XXXIV (Page 9/28) (2) FEHD staff subsequently removed these publicity boards. (3) The RO issued the complainees a letter on 5 September, informing them that the case had been substantiated and referred to the EAC for followup action. What the RO had found was not what the complainees claimed, ie "the publicity boards in question had been removed immediately and explanations had been given to the RO." 8.5 Complaint No. 5 () According to the RO's records, the estate management office of Mei Foo Sun Chuen had informed him in writing on 4 August that the Owners' Corporation of Mei Foo Sun Chuen Phase 2 had decided to allow all candidates to put up one poster each at the lift lobby or a designated spot on the ground floor of each block, but those posters should be put up and later removed by the estate management office on behalf of the candidates. (2) The RO contacted the estate management office of Mei Foo Sun Chuen and learnt that the estate management office had given the DAB permission to display election advertisements.

248 234 Appendix XXXTV (Page 2/28) (3) Staff of the Kowloon City District Office investigated the case on 28 August and found that the election advertisements in question were being put up in the ground floor lobbies of the various blocks of Mei Foo Sun Chuen Phase 2. However, according to the RO's records, the candidates had not yet deposited, by 7 September, with him copies of the consent to display election advertisements given by the estate management office. The EAC therefore believed that the list concerned had breached s 2()(a) of the EAC(EP)(LC) Reg, which states that a candidate must, before he or she displays an election advertisement, deposit with the RO a copy of the written permission or authorisation given by the relevant owner/occupier to display election advertisements on private land/property. 8.6 Complaint No. 6 () According to the RO's investigation report, the Kowloon City Complaints Unit received this complaint on 29 August and subsequently referred this complaint to the Complaints Unit of the Yau Tsim Mong District Office (the "Yau Tsim Mong Complaints Unit") for investigation. Staff of the Yau Tsim Mong Complaints Unit found on the spot that day

249 235 Appendix XXXIV (Page 2/28) that banners were being put up at the eight nondesignated spots in question. (2) According to the investigation report of the Yau Tsim Mong Complaints Unit, the election advertisements showed such names as the "Yaumatei Temple Street Association of Hawkers and Shop Operators", the "Yaumatei Market Stall Lessees Association" and the "Reclamation Street Licensed Hawkers Association", supporting the DAB candidates of the Kowloon West geographical constituency. According to the RO's records, Mr Tsang, Mr Chung, Mr Pun and Mr Wong did not deposit with him copies of the consent of support from the "Yaumatei Temple Street Association of Hawkers and Shop Operators" and the "Yaumatei Market Stall Lessees Association" till 9 September. And, even by 27 September, they had not deposited with him the consent of support from the "Reclamation Street Licensed Hawkers Association". Hence, the EAC believed that they had breached s 2()(b) of the EAC(EP)(LC) Reg, which states that a candidate must, before he or she displays an election advertisement, deposit with the RO a copy of the consent of support in writing. (3) According to the RO's investigation, the Yau Tsim Mong

250 236 Appendix XXXIV (Page 22/28) Complaints Unit's investigation revealed that the banners in question were not serially numbered. The EAC considered this complaint substantiated. (4) The EAC clarified with the RO again and learnt that the eight banners in question were made of PVC and were therefore not printed matters. Hence, the EAC agreed that those banners needed not bear any printing details and this complaint should not be substantiated. 8.7 Complaint No. 7 () According to the RO's investigation report, staff of the Housing Department conducted an onthespot investigation at around : am on 3 August. It was found that two A3 size posters were being displayed on the wall at the pedestrian link on the ground floor of Cheong Tin House, Nam Cheong Estate. These posters, bearing the name of Mr Tsang Yoksing, were on objecting the Government's proposed introduction of the sales tax. Paragraph 5.2 of the Guidelines states that an election advertisement "includes publicity materials containing the name or photograph of a candidate issued or displayed during the election period (ie from commencement of nomination to

251 237 Appendix XXXTV (Page 23/28) the polling day) even though the content of the publicity material is not, on the face of it, electionrelated". Hence, in accordance with the relevant electoral rules, Mr Tsang was required to lodge with the RO a statutory declaration and two copies of these posters and should ensure that the posters bore printing details and serial numbers. (2) As regards their claim that "they believed that they had been framed", the EAC was of the opinion that the complaint should be substantiated since the complainees failed to produce specific evidence to support what they claimed. 8.8 Complaint No. 8, and () Except for spot (4) in complaint No. 8 (ie designated spot no. F4) which was "a spot of another candidate where they had displayed their publicity board", the remaining spots, ie three spots under complaint No. 8, six spots under complaint No. and the spot under complaint No., amounted to a total of, which were all noji: designated spots. This was not what they claimed, ie the volunteers displayed the publicity boards at the wrong spots because they had mistaken the labels marking the areas of

252 238 (Page 24/28) the designated spots. (2) As regards complaint No., under s 34 of the "Elections (Corrupt and Illegal Conduct) Ordinance", all printed election advertisements should bear printing details. The publicity boards, they admitted, were produced by means of screen printing and should bear printing details as required by the abovequoted Ordinance. According to the RO's report, 3 publicity boards were involved in complaint No., among which only two did not bear printing details and serial numbers. The EAC accepted the complainees' explanation that the weatherbeaten "printing details 55 labels might have fallen off. (3) Regarding complaint No., according to the RO 5 s report, the banners bore the wording that the following persons/bodies supported Mr Tsang, Mr Chung, Mr Pun and Mr Wong: () Ip Kwokchung (2) Shing Yuenhing (3) Lo Chikeung (4) Chan Chungkit (5) Law Wingcheung (6) Lau Chiman (7) Chan Kwokming (8) Chow Chunfai (9) Kwok Chingngan () Wong Chiming () Choi Fookchi (2) Yeung Waitak (a) Mong Kok Residents' Association (b) Hong Kong Youth Progressive Association

253 239 Appendix XXXTV (Page 25/28) (c) Federation of Hong Kong, Kowloon and NT Hawker Associations (e) General Association of Mong Kok District Buildings (g) Mutual Aid Committees of Hawker Permitted Places Phase II in Tung Choi Street (d) Yin Ngai Societies (Mong Kok Branch) (f) Mutual Aid Committees of Hawker Permitted Places Phase I in Tung Choi Street (h) Mutual Aid Committees of Hawker Permitted Places Phase III in Tung Choi Street (i) Society for Public Livelihood in Tai Kok Tsui According to the RO's investigation report, the Yau Tsim Mong Complaints Unit conducted an investigation on the spot on 7 and 8 September and confirmed that the election advertisements in question were being displayed at nondesignated spots. Mr Tsang, Mr Chung, Mr Pun and Mr Wong did not furnish the RO with copies of the consent of support till 9 September. And, the RO had not, even by 26 September, received copies of the consent of support given by the Federation of Hong Kong, Kowloon and NT Hawker Associations, Yin Ngai Societies (Mong Kok Branch), and Mutual Aid Committees of Hawker Permitted Places Phase III in Tung Choi Street.

254 24 Appendix XXXTV (Page 26/28) 8.9 Complaint No. Q () According to the RO's records, the Owners' Corporation of Ching Lai Court notified the RO in writing on 9 August that eight areas for putting up posters had been set aside on the premises for all candidates to put up their publicity materials. (2) Staff of the Sham Shui Po District Office visited Ching Lai Court on 6 September and found that Mr Tsang, Mr Chung, Mr Pun and Mr Wong had already put up posters at various blocks of Ching Lai Court. But, according to the RO's records, they had not lodged copies of the permission to display their posters issued to them by the owners' corporation even by 7 September. Hence, the EAC believed that they had breached s 2()(a) of the EAC(EP)(LC) Reg, which requires that a candidate must, before he or she displays or distributes an election advertisement, deposit with the RO a copy of the written permission or authorisation given by the relevant owner/occupier to display election advertisements on private land/property. 8. Complaint No. 5 to Mr Tsang, Mr Chung, Mr Pun and Mr Wong stated in their

255 24 Appendix XXXTV (Page 27/28) response that the RO had no longer notified them of any complaints received against them from complaint No. 5 onwards. They were therefore not aware of these complaints and could hence not be able to take remedial measures. The EAC was of the view that candidates should, before displaying election advertisements, ensure that they were well aware of all electoral regulations and the Guidelines and should display their election advertisements in an appropriate manner according to the relevant rules. Candidates should not display their election advertisements at nondesignated spots as and when they liked for the sake of acquiring extra and unfair publicity. It should be the responsibility of candidates themselves to observe the electoral regulations and the Guidelines. Candidates should not, after having been found to have breached the rules, evaded their responsibility by claiming that they could not take remedial measures on the ground that the RO had not informed them. Censure 9. The EAC is most disappointed to note that despite all the advice, warnings and the opportunities given, Mr Tsang, Mr Chung, Mr Pun and Mr Wong continued to disregard the importance of maintaining fairness in the election. Their breaching the Guidelines even after they have

256 242 Appendix XXXTV (Page 28/28) been warned is inexcusable. It is the obligation of all candidates to comply with the Guidelines and no candidates should shift their responsibilities onto the others or their campaign assistants. The Guidelines would become nullified and impracticable if the candidates were not being held responsible for any unfair acts done to the other candidates owing to the fact that canvassing activities were left in the hands of their campaign assistants. The EAC is therefore of the opinion that a public censure is appropriate and due and takes this opportunity to issue this public ensure. (signed) 8 October 2 (WOO Kwokhing) Chairman Electoral Affairs Commission W* fty j issfoif

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258 HK FT? e3 Hong Kong (China). Electoral Affairs Commission. Fleetoral Affairs Commission : report on the 2 Legislative. 3»*, n Date Due 3 ; ;;» ; F

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