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Administration's Responses to Outstanding
Issues raised by Members of the Bills Committee on the Legislative Council (Amendment) Bill 1999| C1: |
To respond to Members' suggestion to specify the polling day as "no canvassing day".
| | A1: |
As far as electioneering activities are concerned, the Administration's position is that candidates should be allowed to choose, according to their own needs, when and how to carry out canvassing activities, provided that such activities would not undermine the fairness of the election or cause undue disturbance to the electors. Experience of past elections shows that canvassing activities on polling day are generally carried out in an orderly manner. We do not see any justification to ban all canvassing activities on polling day.
In respect of Members' suggestion, we consider that the present arrangements are reasonable. If some candidates consider it unnecessary to canvass votes on the polling day, they are free to decide not to do so. For those candidates who consider such activities necessary, they can carry out various canvassing activities according to their own practical needs, provided that they comply with the relevant regulations and guidelines issued by the Electoral Affairs Commission. We do not agree that we should prohibit other candidates from carrying out canvassing activities only on the ground that some candidates do not wish to carry out their own canvassing activities on polling day.
We are also worried that such a ban may affect on the freedom of expression which is a fundamental right guaranteed in the ICCPR. To be lawful, any restriction imposed on the protected freedom must be necessary and proportionate to the harm which it purportedly addresses. It would be up to the proposer to provide a justification for the necessity and proportionality of such a restriction.
In view of the above considerations, we do not think that the polling day should be specified as a "no canvassing day".
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To respond to Members' proposal that with the introduction of advance polling arrangements, legislation should be made to prohibit the media from releasing the exit poll results before the close of all polls.
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Having regard to a court ruling in Canada made last year, we believe that legislating against the release of exit poll results by the media before the close of all polls may run the risk of contravening Article 27 of the Basic Law. Article 27 provides that Hong Kong residents shall have freedom of speech, of the press and of publication. Therefore, we consider it impracticable to impose a statutory ban on such release by the media.
However, we understand Members' concern that if the media announce the results of the exit polls conducted on the advance polling day before polling on the general polling day closes, it may undermine the fairness and impartiality of the elections. Having regard to the paramount importance of fair and impartial elections, we agree that we should not introduce advance polling in the 2000 Legislative Council elections before the problem is resolved. We will introduce amendments to delete the provisions concerning the advance polling arrangements in the Bill.
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To respond to Members' suggestion to designate one day (and not several days) as advance polling day.
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Owing to the reasons stated in A2 above, we will delete provisions concerning advance polling in the Bill.
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To respond to Members' proposal that the Returning Officer of geographical constituency elections should not be allowed to add the names of surplus nominees to the relevant list of candidates after a candidate's name has been deleted because such candidate has died or has been disqualified from being nominated after the close of nomination.
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We accept Members' proposal and will introduce amendments to that effect.
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To respond to Members' proposal that as far as functional constituency election is concerned, if the Returning Officer becomes aware of the death or disqualification of a validly nominated candidate after the close of nomination and before the polling day, he should not declare that the candidate has died or is no longer validly nominated as a candidate and allow the electoral process to continue. Under these circumstances, the Returning Officer should terminate the election proceedings and a by-election should be arranged.
| | A5: |
We accept Members' proposal and will introduce amendments to that effect.
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To reconsider the drafting of clause 45(1).
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Clause 45(1) seeks to make it clear that notwithstanding the proposed dissolution of the Provisional Municipal Councils, the two sitting Members returned by the Urban Council and Regional Council FCs are to remain in office after 31 December 1999 until the end of the first-term LegCo. At the request of the Bills Committee, we will move CSAs to add "For the avoidance of doubt, it is declared that" at the beginning of the clause.
| | C7: |
To respond to a member's question regarding the role of the two sitting Members returned by the Urban Council and Regional Council FCs after the expiry of the term of office of the two Provisional Municipal Councils on 31 December 1999 and to his suggestion of extending the term of office of Members of the PMCs until 30 June 2000 to tie in with that of the present term LegCo Members.
| | A7: |
After the conclusion of the Review on District Organizations, we propose that after the expiry of their term of office, the Provisional Municipal Councils should not be retained. The Provision of Municipal Services (Reorganization) Bill is being scrutinized by a Bills Committee. If the Bill is enacted, the two Provisional Municipal Councils will be dissolved on 31 December 1999. After that date, the two Members returned by the two FCs can continue to perform the duties of LegCo Members, such as scrutinizing Bills, monitoring the work of the Government and debating on matters of general public interest, including matters relating to environmental and food hygiene and recreational services. We do not think it necessary to extend the term of office of the Provisional Municipal Councils because of the question concerning their roles.
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To report to the Bills Committee on the results of the Administration's review of the arrangements regarding the religious subsector of the EC.
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We propose to move CSAs to further improve the nomination arrangements regarding the religious subsector of the EC. The CSAs mainly seek to provide that in the event that the number of persons nominated by a designated religious body is greater than the number of seats assigned to it, but the body does not assign preference in accordance with section 3(3) of Schedule 2 to the LegCo Ordinance, the Returning Officer should determine, by drawing lots, who among the nominees should become Members of the EC. For details, please see the paper on the CSAs proposed by the Administration.
| | C9: |
To consider establishing a mechanism for updating the ex-officio membership of the EC.
| | A9: |
We propose to move CSAs to establish such a mechanism. The main aim of the CSAs is to provide that the Electoral Registration Officer should remove from the EC register the names of those ex-officio Members of the EC who have ceased to hold office as LegCo Members or Hong Kong Deputies to the NPC. The Electoral Registration Officer should add in the EC register the names of those persons who have become LegCo Members or Hong Kong Deputies to the NPC. For details, please see the paper on the CSAs proposed by the Administration.
| | C10: |
To consider a suggestion that the order of listing the constituents of the FCs should be reviewed so that it is more user-friendly.
| | A10: |
At the Bills Committee meeting on 4 March, Members suggested that the items in the lists of FC electorates should be re-organized so as to make them easier to read. Subsequently, we proposed that the items can be re-organized either according to alphabetical order or in order of the number of strokes in Chinese character. At its meeting on 14 April, the Bills Committee agreed that having regard to the convenience of readers, the Administration should decide on its own which method should be adopted.
We have considered the two options carefully. We have come to the view that in general, alphabetical order is easier to follow and for electors to read. We therefore propose to move CSAs to the effect that the items in new Schedules 1 to 1E are re-organized according to alphabetical order.
| | C11: |
To respond to submissions received by the Bills Committee which relate to FCs and to CSAs intended to be moved by Members on the delineation of the FCs.
| | A11: |
Our responses are set out in the Annex.
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Constitutional Affairs Bureau
June 1999
LS317
Annex Administration's Responses to Submissions and CSAs likely to be moved by LegCo Members relating to FCs
I. Establishment of New FCs
| Proposals | Responses
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Hon Ng Ching-fai proposes to split the existing Education FC into an Education FC and a Higher Education FC, and to replace the proposed Catering FC.
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Our proposal to establish a Catering FC is appropriate. We oppose this proposal.
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Hon Edward Ho proposes to split the existing Architectural, Surveying and Planning FC into an Architectural, Planning and Landscape Architectural FC and a Surveying FC.
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We consider it inappropriate to split the FC into two. We oppose the proposal.
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Hon C.H. Leong proposes to replace the proposed Catering FC with a Traditional Chinese Medicine FC, failing which, to include Chinese medicine practitioners in the Medical FC.
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We believe that it would be premature to establish a Chinese medicine FC given that the Bill to establish a statutory registration scheme is still being scrutinized by LegCo. We oppose this proposal. For the same reason, we oppose the inclusion of Chinese medicine practitioners into the Medical FC.
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Hon Howard Young proposes to split the existing Tourism FC into a Tourism FC and a Hotel FC.
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The hotel sector is at present included in the existing Tourism FC, which is mainly composed of airlines, tourist companies and the hotel sector. We think that the present delineation is appropriate. We oppose the proposal.
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Hon Ronald Arculli proposes to split the existing Real Estate and Construction FC into a Real Estate FC and a Construction FC.
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We consider it inappropriate to split the FC into two. We oppose the proposal.
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II. Addition of New Constituents in Existing FCs
Transport FC
| Proposal | Responses
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| Hon Miriam Lau proposes to include the Airport Authority Hong Kong in this FC
| The Airport Authority is at present an eligible elector in the Commercial (First) FC. In view of the nature of its business, we agree that it would be more appropriate to include it in the Transport FC. We accept the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Air Cargo Terminals Limited in this FC
| This body is at present an eligible elector in the Industrial (First) FC. In view of the nature of its business, we agree that it would be more appropriate to include it in the Transport FC. We accept the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Container Freight Station Association in this FC
| This Association was established in May 1994, with 33 companies as members at present. Its members jointly handle 80% of Hong Kong's container freight station cargoes. We accept this proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Sea Transport Association Limited in this FC
| This body was established in 1994, with about 110 members at present. We agree that it is a representative body in the field of marine transport. We accept the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Tunnels and Highways Management Company Limited in this FC
| The Transport Department has awarded a new contract for managing the cross-harbour tunnel to this company. Our policy is to include operators of tolled roads and tunnels as electors. We therefore accept this proposal.
| | Hon Miriam Lau proposes to include The Cross-Harbour Tunnel Co. Ltd. in this FC
| The Transport Department has awarded the contract for managing the cross-harbour tunnel at Hung Hum to the Hong Kong Tunnels and Highways Management Company Limited. We will move CSAs to include this company. We do not see sufficient justifications for including The Cross-Harbour Tunnel Co. Ltd as an eligible elector again. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Fresh Fruit Transportation Association in this FC
| This Association represents transporters of fresh fruit products. It does not participate in any of the Transport Department's drivers' conferences. We do not think that it is a widely representative body in the transport sector. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong (Cross Border) Transportation Drivers' Association in this FC
| This body was formed in July 1998. It does not participate in any of the Transport Department's drivers' conferences. We do not think that it is a very representative body in the transport sector. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Mid-stream Operators Association in this FC
| The Association was established in January 1999, with 9 companies as members at present. Two of these members are already eligible electors and one more will be added by the Bill . The other members are not large-scale mid stream operators. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Rights of Taxi Owners and Drivers Association Limited in this FC
| This Association was formed in January 1999. It has a short history. The present delineation is capable of representing fully the whole taxi trade. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Taxi and Public Light Bus Association Limited in this FC
| The present delineation is capable of representing fully the whole taxi and the minibus trades. We oppose this proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Union of Light Van Employees in this FC
| This body is a trade union, and is at present an eligible elector in the Labour FC. In view of its nature, we think that it is more appropriate for it to remain in the Labour FC. We oppose the proposal.
| Hon Miriam Lau proposes to include  in this FC
| This body is composed of goods vehicle owners and drivers. Its main concern is the issue of parking spaces in Western District. We do not think that it is a very representative body in the transport sector. We oppose the proposal.
| | Hon Miriam Lau proposes to include the Hong Kong Right Hand Drive Motors Association Limited in this FC
| This body represents businesses engaged in the import of vehicles. They are not direct providers of transport services. Furthermore, importers of vehicles for use in Hong Kong are already eligible electors in the Import and Export FC. We oppose the proposal.
| | To include the Golden Link Taxi Owners and Drivers Association in this FC
| The present delineation is capable of representing fully the whole taxi trade. We oppose the proposal.
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Legal FC
| Proposal | Responses
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| To include foreign lawyers in this FC
| Under the law, foreign lawyers are not entitled to practise Hong Kong law in Hong Kong. They are not directly connected to the Legal FC. We oppose the proposal.
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Medical FC
| Proposal | Responses
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| Hon Christian Loh proposes to include registered veterinary surgeons in this FC
| Veterinary surgeons' main concern is the well-being of animals. Electors in the Medical and Health Services FCs deal with the well-being of human beings. We oppose the proposal.
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Real Estate and Construction FC
| Proposal | Responses
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| To include members of the Hong Kong Institute of Real Estate Administration in this FC
| This body has about 360 individual members who have the right to vote at the body's general meetings. They are administrators or executives in the field of real estate administration. According to the Institute, most of these members are professionals such as lawyers, surveyors and architects. These are already eligible FCs electors. We oppose the proposal.
| | To include members of The Hong Kong Institute of Housing in this FC
| The Institute has about 770 individual members. According to the Institute's constitution, The Institute's objective is to promote and develop property management. Its nature is in variance with the present constituents of the FC, which deal with the construction and development of properties. We oppose the proposal.
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Wholesale and Retail FC
| Proposal | Responses
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| Hon Selina Chow proposes to include members of the Hong Kong and Kowloon Poultry Dealers and Workers Association in this FC
| According to the Association's Articles of Association, people engaged in the business of poultry are eligible to join the Association. As this FC includes wholesalers and retailers only, we oppose the proposal.
| | Hon Selina Chow proposes to include members of the Hongkong Kowloon New Territories & Overseas Fish Wholesalers Association Limited in this FC
| This Association represents freshwater fish wholesalers at the Cheung Sha Wan Wholesale Food Market (Phase I) and the Western Wholesale Food Market. Of the 40 members of this Association, 30 are at the Cheung Sha Wan Wholesale Food Market (Phase I), representing about 80% of the wholesalers there. The remaining 10 carry out businesses at the Western Wholesale Food Market, representing 20% of the wholesalers there. We accept the proposal.
| | Hon Selina Chow proposes to include members of the Stanley Commerce Association Limited in this FC
| All establishments carrying on any business in Stanley are eligible to join this body. We do not think it appropriate to include an association which is purely geographically-based. We oppose the proposal.
| | Hon Selina Chow proposes to include members of the Hong Kong & Kowloon Confectionery Biscuit and Preserved Fruit Wholesalers Association Limited in this FC
| Any employee, business representative and business agent of the business of confectionary, biscuit and preserved fruit wholesalers can join the Association. We do not think that it is a body representative of wholesalers in the trades. We oppose the proposal.
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Information Technology FC
| Proposal | Responses
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| To include Associate Members of The Institution of Electrical Engineers (Hong Kong) in this FC
| At present, Fellows and Corporate Members of this body are already eligible electors. The qualification required of its Associate Members is a recognized degree. No working or practical experience is required. To be included in the FC, professionals should possess working experience in the information technology field. We oppose the proposal.
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Textiles and Garment FC
| Proposal | Responses
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| Hon Sophie Leung proposes to include companies registered under the Trade Department's Textiles Control Registration Scheme in this FC
| At present, the majority of textiles and garment exporters are registered under the Factory Registration of the Trade Department and the Import and Export (General) Regulations. They are therefore already eligible to be registered in this FC. We do not see the need to include companies registered under the Textiles Control Registration Scheme in this FC. We oppose the proposal.
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Others
| Proposal | Responses
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| To establish a Psychology FC, or to include members of The Hong Kong Psychological Society in FCs
| We do not support the establishment of a Psychology FC. Regarding the suggestion to include members of the Society in an FC, we note that educational psychologists and clinical psychologists are included in the Health Services FC, and that the majority of its practising members are specialized in these two fields. As pointed out by the body, over half of its members are already eligible FC electors. According to its constitution, to join the Society, a person has to be a holder of a recognized degree. However, no working experience is required. We therefore do not think it appropriate to include all its members as electors in the Health Services FC.
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III. Removal of Existing Constituents
| Proposal | Responses
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| Hon Eric Li proposes to remove corporate members of the Hong Kong Council of Social Service and exempted societies and non-profit making companies providing social services from the Social Welfare FC.
| At the request of the Bills Committee, we have consulted those exempted societies and non-profit making companies which have been registered electors in this FC. Those which have responded indicate objection. We are of the view that the present delineation is appropriate. We oppose the proposal.
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