Geographical Constituencies

1

CHAPTER 2

GEOGRAPHICAL CONSTITUENCIES

Part I:Description

Part II :Registration of electors (qualifications, disqualifications, roll-over, applications, appeals, etc)

Part III:Election campaigning

Part IV:The voting system

Part V:The polling and counting arrangements (including marking and counting of votes)

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PART I : DESCRIPTION

2.1This chapter describes the geographical constituencies (“GCs”) and the features relating to electoral procedure that electors of GCs may need to know. For other areas not covered by this chapter, electors can consult other chapters dealing with particular topics. Electors of the functional constituencies (“FCs”), the Election Committee (“EC”) and the EC subsectors, please consult Chapter 1, which contains all necessary general information, and the relevant paragraphs are marked on the margin with FC, EC or subsectors respectively, as applicable.

2.2In the general election of the Legislative Council (“LegCo”) to be held on 10 September 2000, there are elections for the GCs, FCs and the EC for returning all 60 members of the LegCo, as follows:

(a)5 GCs returning 24 members

(b)28 FCs returning 30 members

(c)the ECreturning 6 members

2.3The FCs and the EC are dealt with in other chapters. The 5 GCs are geographically based, and are respectively,

(a)the Hong Kong Island GC to return 5 LegCo members;

(b)the Kowloon East GC to return 4 LegCo members;

(c)the Kowloon West GC to return 4 LegCo members;

(d)the New Territories East GC to return 5 LegCo members; and

(e)the New Territories West GC to return 6 LegCo members.

PART II : REGISTRATION OF ELECTORS

Eligibility to Vote [s 48 of the Legislative Council Ordinance (“LegCo Ord”)]

2.4Only a registered elector, i.e. a person whose name appears on the final GC register of electors which is in force at the time of the election is eligible to vote. An elector may vote at an election in respect of the GC within which his residence as entered in the final register is located.

Qualifications for Registration as an Elector [ss 24, 27, 28, 29 and 30 of the LegCo Ord]

2.5To qualify for registration as an elector in a GC, an individual has to satisfy all the following requirements:

(a)he has to be aged 18 years or above as at 25 May next following his application for registration;

(b)he is a permanent resident of Hong Kong;

(c)he ordinarily resides in Hong Kong and the residential address in his application for registration is his only or principal residence in Hong Kong; and

(d)he holds an identity document or has applied for a new identity document or a replacement identity document.

2.6Anindividual who is already registered in the existing final register of GCs need not apply to be registered as an elector in a GC any further as his name and residential address will be repeated in the next register (a provisional register). However, he is not entitled to be an elector in the next register if he has ceased to ordinarily reside in Hong Kong, or no longer resides at the residential address recorded against his name in the existing register and the Electoral Registration Officer (“ERO”) does not know his new principal residential address in Hong Kong. [For details, please see paragraph2.8 below.]

Disqualifications [ss 31 and 53 of the LegCo Ord]

2.7A natural person is disqualified from being registered as an elector and voting at an election for a GC if he:

(a)has ceased to be eligible to be a permanent resident of Hong Kong;

(b)has ceased to ordinarily reside in Hong Kong;

(c)has changed his principal place of residence and his new address is not known to the ERO;

(d)has, in Hong Kong or any other place, been sentenced to death or imprisonment and has not either served the sentence or any substitute sentence or received a free pardon;

(e)on the date of application for registration or on the polling day, is serving a sentence of imprisonment;

(f)has been convicted of the following offences within 3 years before the polling day:

(i)having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (“E(CIC) Ord”), or

(ii)an offence against Part II of the Prevention of Bribery Ordinance, Cap 201, or

(iii)any offence prescribed by regulationsin force under the Electoral Affairs Commission Ordinance, Cap 541, e.g. the provision of false information to the officers of the Registration and Electoral Office (“REO”);

(g)is found by the Court to be of unsound mind and incapable of managing himself or his affairs in accordance with the Mental Health Ordinance, Cap 136; or

(h)is a member of the armed forces of the Central People's Government or any other country or territory.

Roll-over of Electors

2.8If an individualwas registered in the GC final register published on 26 March 1999, his name and residential address will be repeated in the 2000 provisional register for GCs and he does not need to make any application for registration, unless he is not eligible to be an elector because:

(a)he is dead;

(b)he is not a permanent resident of Hong Kong;

(c)he does not ordinarily reside in Hong Kong; or

(d)he has changed his only or principal residence and his new address is not known to the ERO.

Application for Registration [s 4 of the Electoral Affairs Commission (Registration of Electors) (Legislative Council Geographical Constituencies) (District Council Constituencies) Regulation (“EAC (ROE) (GC) Reg”)]

2.9The registration of GC electors is undertaken inaccordance with the provisions of the EAC (ROE) (GC) Reg.

2.10A person may send in his application for voter registration on the specified form to the REO any time in the year. However, for inclusion of his name in the final register to be published in May 2000 applicable to the LegCo general election on 10 September 2000, his application form must be received by the REO on or before16 March 2000.

2.11The REO will process the application forms after they have been received. An applicant who qualifies for registration will be allocated to the relevant GC on the basis of his residential address. Closer to the polling day, he will also be allocated to the appropriate polling station on the basis of his residential address, and he will be notified in writing. The REO will send written inquiries to applicants to seek further information or proof if the information on their applications is incomplete or incorrect. Applicants who are not qualified for registration will also be informed by registered mail.

2.12The name and residential address of all eligible applicants will be entered in the registers of electors.

2.13It will not be necessary for a registered elector to re-apply for registration every year unless he has changed his residential address. In such a case, he must notify the REO of his new address in Hong Kong to ensure that he will be registered in the current register of electors. If he fails to do so,his name and address may be removed from the register.

2.14If the elector has emigrated overseas and ceased to be a permanent resident of Hong Kong or ceased to ordinarily reside in Hong Kong, his name may also be removed from the register of electors.

Changes of Particulars [s 11 of the EAC (ROE) (GC) Reg]

2.15Any registered elector who has changed his particulars (e.g. name), other than that he has changed his principal place of residence in Hong Kong or has ceased to be a permanent resident of Hong Kong or ceased to ordinarily reside in Hong Kong (which cases are dealt with in paragraphs 2.13 and 2.14 above), should also notify the REO. An elector can notify any change of any of his particulars by sending to the REO a letter or by sending in a new registration form with the altered particulars. If the elector wishes to have the alteration of his particulars effected in the 2000 final register of electors, he must notify the REO as soon as possible and latest by29 April 2000. An elector who has reported change of particulars will be sent a notice by the REO showing his updated electoral record.

The Provisional Register

2.16The Provisional Register for GCs for the 2000 LegCo elections was published on 14 April 2000. The Provisional Register includes:

(a)the names and addresses of those electors whose names appeared on the final register published on 26 March 1999, updated and corrected by the REO based on reported or available information; and

(b)the names and addresses of the eligible new applicants who have applied for registration in the constituency concerned on or before 16 March 2000.

The Provisional Register will be available for public inspection at the REO and various other places, such as local District Offices, as specified in the Gazette notice of publication for a period after its publication and before the appeal deadline referred to in paragraph 2.18 below.

The Omissions List [s 32(4)(a) and (b) of the LegCo Ord, ss 9 and 10 of the EAC (ROE) (GC) Reg]

2.17By the time when the Provisional Register is published, the ERO will also publish an omissions list in respect of GCs, containing the names and residential addresses of persons who were formerly registered as GC electors on the 1999 Final Register, but are struck out from the Provisional Register and proposed to be omitted from the next Final Register, based on the information received by the ERO who is satisfied on reasonable grounds that the concerned persons are no longer eligible to be registered or are disqualified. The names and residential addresses of the persons included in the omissions list will not appear on the Provisional Register.

Appeals – Objections and Claims [s 34 of the LegCo Ord, Part III of the EAC (ROE) (GC) Reg]

2.18On or before 29 April 2000, members of the public may lodge with the ERO an objection as regards anyentry in the Provisional Register. On or before the same date, a dissatisfied applicant or a person whose name has been included in an omissions list, may lodge a claim in respect of the entry or any omission concerning himself/herself. Cases of objections and claims will be referred to the Revising Officer for consideration. The Revising Officer, who is a member of the Judiciary, will rule on each objection or claim and decide on the inclusion, exclusion or correction of the entry concerned in the Final Register.

The Final Register

2.19The Final Register for GCs will be published on or before 25 May 2000. It includes the entries in the Provisional Register, the updated names and residential addresses of electors who have applied to alter their particulars on or before 29 April 2000, and the names and residential addresses of those who were subject to a notice of objection or claim, updated and corrected to reflect the decisions of the Revising Officer as appropriate. The ERO will have also taken the opportunity to delete those entries of electors who are known to be dead and to correct any mistakes in the Provisional Register. The Final Register may also contain notations to show if a person registered for a GC is also registered in an FC and/or a subsector. The Final Register remains valid until the publication of the final register in the following year. The Final Register in force will be available for public inspection at the REO.

IMPORTANT : Information relating to a person contained in any register of electors or in any extract of any register of electors can only be used for a purpose related to an election. Use of or parting with any such information for any other purpose or any misuse is an offence punishable with a fine at level 2 (ie, $5,000) and imprisonment for 6 months.

PART III : ELECTION CAMPAIGNING

2.20Where the number of validly nominated candidates for a GC does not exceed the number of vacancies for that GC, the candidates will be declared elected [s 46(1) of the LegCo Ord]. In such a case, polling in respect of the GC will not be necessary and electors of the constituency concerned need not attend the relevant polling stations since they no longer need to vote. Where the number of validly nominated candidates exceeds the number of vacancies in a GC, a poll will be held.

2.21The REO will send to each elector registered in respect of each GC, at his last address known to the REO, an introductory leaflet on the lists of candidates contesting the election in respect of that GC. The introductory leaflet contains statements, representations and information provided by each candidate without any alteration or edition by the REO save where the contents are considered by the Electoral Affairs Commission (“EAC”) to be offensive to public decency or defamatory or otherwise unlawful. In respect of an uncontested constituency, the introductory leaflet prepared for the lists of candidates, who will be declared elected, will still be sent to their electorate. Candidates are strongly advised to publicize their election platforms in the introductory leaflet, or through other means so that the electorate can appraise their performance during their terms of office against their declared platforms.

2.22During the 4 to 6-week election period for the LegCo election, i.e. from commencement of the nomination period to the date of election, the candidates will organise and conduct their election campaigning activities.

2.23Electors will find various forms of election advertisements displayed by the candidates to publicize themselves and to promote their candidature. Since it is the normal practice that the GC, FC and the EC elections will be held on the same day, each candidate or list of candidate(s) will distinguish his/its publicity displays by stating on them the name or abbreviated name of the GC, FC and EC to which their candidature relates so as to avoid confusion to electors.

2.24Electors may also receive printed publicity materials distributed or mailed by the candidates.

2.25Candidates may organise election meetings and other publicity activities, including household visits by themselves and their election agents or supporters, to introduce themselves to electors and to explain their platforms [see Chapter 7 : Election Meetings and Chapter 8 : Electioneering at Private Premises].

2.26Electors should take heed that treating, undue influence and bribery for the purposes of inducing or compelling a person to vote or refrain from voting, and the acceptance of treating or bribery, are all corrupt offences punishable by a fine and imprisonment under the E(CIC) Ord [see Chapter 15 : Corrupt and Illegal Conduct], and also disqualification from being an elector or candidate.

PART IV : THE VOTING SYSTEM

2.27Different voting systems apply to elections of different constituencies and the EC. For GCs, the list system of proportional representation applies [s 49 of the LegCo Ord].

2.28In the list system of proportional representation, 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 relevant GC has determined the eligibility of the candidates on a nomination list, only the eligible candidates whose priority on the list is above or equals 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. If, after the close of nomination but before the date of the election, it comes to the knowledge of the RO that a candidate whose name appears on a list of candidates has died or is disqualified from being nominated as a candidate, the RO must strike out the name of that candidate from the list. After striking out a name from a list of candidates, the RO must not add the name of any other person to the list. If no name remains on the list of candidates, the RO must reject the list. [See s 38 of the LegCo Ord.]

2.29At a GC election, an elector is entitled to cast a single vote for a list (as shown on the ballot paper) and not for an individual candidate. The number of valid votes cast for the election of the 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, then the filling of the remaining seat or seats will be decided by the largest remainder of valid 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 or quotas necessary to return all the candidates in the list, the list will be treated as having no further votes remaining. [See s 49 of the LegCo Ord.] For example, in a GC to elect 5 LegCo members, i.e. with 5 vacancies, where the number of valid votes cast is 1 million and there are 6 lists with varying number of candidates, the voting system operates in the following manner:

The quota of votes required to elect one candidate = 1,000,000  5 = 200,000

The valid votes cast for the 6 lists, e.g.

Step 1

No. of candidates in each List returned for satisfying the quota with the remainder votes:

Step 2

No. of candidates in each List returned by applying the remainder votes:

(Candidate M has the highest remainder of 120,000 votes, and candidate B has the next highest remainder of 90,000 votes. There are only 2 available vacancies after applying the quota in step 1, and they are filled by these 2 candidates whose lists have the highest 2 remainder votes in step 2. The rest of the candidates are not elected.)

2.30If, after the counting of votes is finished but before the result of an election for a GC is declared, it comes to the knowledge of the RO that a candidate on a list who was successful at the election has died or is disqualified from being elected, the RO must not declare that candidate as elected. If there is another candidate or there are other candidates on the same list who has not or have not been returned for the constituency, the candidate is to be returned or a candidate is to be returned according to the order of priority on the list in place of the deceased or disqualified candidate. If there is no other candidate on the same list who can be returned, the RO must publicly declare that the election has failed or has failed to the extent that the number of candidates returned at the election for the constituency was less than the number of Members to be returned for the constituency. [See ss 46A(4), 49(14), (15) and (16) of the LegCo Ord and s 83(2)(a) and (b)(i) of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (“EAC (EP) (LC) Reg”).]