C1:	To provide further information on an incident happened in 1995 where the election postings of a candidate in the municipal councils election were lost.
A1:	According to information provided by the Hong Kong Post Office, the pouch in which the election postings were packed was lost by a postman when he was to deliver them. The Post Office then searched the area but to no avail. The Post Office immediately made arrangements with the candidate for her to re-send the postings. To improve the security of mail during the process of delivery, the Post Office has installed lockable cabinets at various places throughout the territory. Postmen on delivery duties can store pouches of mail in these cabinets if they are unable to carry the pouches. The Post Office has also stepped up supervisory checks over the performance of delivery work during election periods. We believe that sufficient precautionary measures are in place to avoid similar incidents.
C2:	To provide further information on the appointment of New Territories Justices of the Peace.
A2:	The information requested is set out in the note at Annex I.
C3:	To consider including veterinary surgeons as eligible electors in an FC.
A3:	At present, veterinary surgeons as a group are not eligible FC electors. We have considered including them as FC electors in the Medical, Health Services or Agriculture and Fisheries FCs. The services provided by electors for the Medical and Health Services FCs are for the well-being of human beings, and electors for the Agriculture and Fisheries FC are organizations representative of producers in agriculture and fisheries. In view of the fact that the nature of the services provided by these FC electors is completely different from that by veterinary surgeons, we have come to a view that it would not be appropriate to include veterinary surgeons in any FCs. We have also come to a view that the other FCs are not suitable for veterinary surgeons to be included.
C4:	To advise whether the composition of the Finance and the Financial Services FCs should be adjusted as a result of the restructuring of the banking sector and the securities and futures markets.
A4:	The Financial Services Bureau are considering the measures to be taken to restructure the banking sector and the securities and futures markets. It is expected that the results of their consideration will not be available in the near future. If legislative amendments have to be made in order to implement the measures which would result in changes in the delineation of the electorates for the Finance and the Financial Services FCs, appropriate consequential amendments to the Legislative Council Ordinance will be made. These amendments of course will be subject to the approval of the Legislative Council.
C5:	To consider including judicial officers as eligible electors for the Legal FC.
A5:	Judicial officers as a group were not included as eligible electors for the Legal FC in the 1985, 1988 and 1991 elections. In the 1995 elections, they were eligible electors for the Community, Social and Personal Services FC by virtue of their being working persons in the Major Industry Group "Public Administration". We have consulted the Judiciary Administrator. The Judiciary is of the view that judges and judicial officers should not be included as eligible electors for the Legal FC. Judges are tasked to interpret and apply the law. They, in their capacity as judges, should not be involved in selecting a person to represent their views and interests in the law making body. Such a process might be seen as undermining the principle of the separation of powers between the judiciary and the legislature.
C6:	To advise whether a registered corporate elector for the Transport FC will be disqualified from voting if it has switched to a business which is unrelated to the FC.
A6:	All eligible electors for the Transport FC are listed by name. Those eligible electors which are registered in the final register are eligible to vote in an election while the register is in force. After the publication of the final register, even if they have switched to businesses which are unrelated to the FC, they will not be disqualified from voting.
C7:	To advise the action to be taken if, after the publication of the final register, it has come to the Administration's knowledge that a registered elector has ceased to be eligible to be so registered.
A7:	In the course of preparation of the provisional register, if it has come to the knowledge of the Electoral Registration Officer that an elector's eligibility to be registered is in doubt, he may seek further information from that elector to ascertain whether he is still eligible to be registered. If the Electoral Registration Officer is satisfied on reasonable grounds (based on information received in response to the inquiry or otherwise) that the person is not qualified to be registered, his name will be removed from the final register. Those electors whose names appear in the final register are eligible to vote in an election while the register is in force subject to their retaining the eligibility to be registered. It is an offence under section 14(1)(a) of the Corrupt and Illegal Practices Ordinance (Cap. 288) for a person to vote at an election if he knows that he is disqualified from voting. If it has come to the knowledge of the electoral staff at a polling station that a registered elector is disqualified from voting, they will remind the elector of the relevant provision of the Corrupt and Illegal Practices Ordinance. They will not prevent him from casting his vote, but will refer the case to the law enforcement agency for follow-up.
C8:	To provide information as to the potential size of respective FC electorates.
A8:	The table at Annex II sets out the potential size of respective FC electorates, the adjusted potential size and the number of FC electors registered for the 1998 election. When calculating the adjusted potential size of electorates, we have taken account of the potential overlapping of membership in the umbrella organizations in an FC.
C9:	To respond to outstanding public submissions for inclusion as FC electors.
A9:	We have received four new public submissions from the Clerk to the Bills Committee in relation to inclusion as FC electors since the public hearing held on 30 March. A list of these four submissions is at Annex III. We are considering these submissions (together with earlier ones) and will inform the Committee of our proposal later.

Constitutional Affairs Bureau
May 1999

(p0039)

Annex I

The appointment of New Territories Justices of the Peace (NTJPs) is provided for under the Justices of the Peace Ordinance, Cap 510. Section 3(2) of the Ordinance empowers the Chief Secretary for Administration to appoint a Justice of the Peace whom she considers fit and proper to be an NTJP. Once appointed, an NTJP automatically becomes an Ex-officio Councillor of the Full Council of the Heung Yee Kuk, as provided for in section 3(2)(a)(ii) of the Heung Yee Kuk Ordinance, Cap 1097.

Criteria for appointment

2. According to the law, therefore, an NTJP is appointed at the discretion of the Chief Secretary for Administration, so long as that person fulfils two basic requirements :

1. he is a Justice of the Peace appointed by the Chief Executive; and
   
   
2. he is considered by the Chief Secretary for Administration to be fit and proper for appointment as an NTJP.

3. In general, an NTJP is selected for appointment from the pool of Justices of the Peace by virtue of the person having a close connection with the New Territories and, bearing in mind that once appointed the NTJP will also serve as an Ex-officio Councillor of the Heung Yee Kuk, the person should be able to contribute to the work of the Heung Yee Kuk. Whilst each NTJP is appointed on his own individual merits, in general in consideration of appointments the Chief Secretary for Administration takes into account the person's track record of community service, his interest in New Territories affairs and his ability to serve constructively as a member of the Heung Yee Kuk.

Number of NTJPs

4. There are at present 41 NTJPs (3 NTJPs are Rural Committee Chairmen), compared to 21 in the 1970s. The increase is due largely to the rapid development of the New Territories, the increase in population, and the significant increase in number of people who have taken an interest in New Territories affairs and have contributed to the New Territories community in the past two decades. These NTJPs have served the community and the Heung Yee Kuk well. With continuing development of the New Territories, it is expected that there may be more suitable individuals who meet the criteria for appointment as NTJPs. To enable people who are capable to contribute to the work of the Heung Yee Kuk, Government has at present no plans to arbitrarily restrict the number of NTJPs. This, in turn, will help better serve the interests of people in the New Territories.

5. The 38 NTJPs (excluding 3 Rural Committee Chairmen who are NTJPs), who also serve as ex-officio members of the Heung Yee Kuk, represent about one-quarter of the total membership of the Full Council of the Heung Yee Kuk, which is made up of the following :

(a)	Ex-officio Councillors
	(i) Chairman and Vice-Chairman of Rural Committees	74
	(ii)NTJPs	38
(b)	Special Councillors	21
(c)	Co-opted Councillors	15
	Total	148

Annex II

Functional Constituency	No. of Potential Electors#	Adjusted No. of Potential Electors*	No. of Registered Electors	Registration Rate (%)
1.Urban Council	50	50	50	100
2.Regional Council	50	50	50	100
3.Heung Yee Kuk	149	138	132	95.7
4.Agriculture and Fisheries	170	170	165	97.1
5.Insurance	216	216	196	90.7
6.Transport	149	149	137	91.9
7.Education	93,978	79,800	61,290	76.8
8.Legal	6,365	5,300	3,567	67.3
9.Accountancy	14,735	12,200	9,902	81.2
10.Medical	11,175	9,100	6,789	74.6
11.Health Services	52,870	46,800	27,487	58.7
12.Engineering	9,105	6,600	5,353	81.1
13.Architectural, Surveying and Planning	6,994	4,000	3,218	80.5
14.Labour	535	535	409	76.4
15.Social Welfare	7,966	5,350	3,398	63.5
16.Real Estate and Construction	725	600	410	68.3
17.Tourism	1,756	1,200	838	69.8
18.Commercial (First)	4,248	3,500	1,353	38.7
19.Commerical (Second)	6,129	5,500	1,798	32.7
20.Industrial (First)	1,877	1,800	730	40.6
21.Industrial (Second)	2,054	1,700	553	32.5
22.Finance	361	361	207	57.3
23.Financial Services	840	730	532	72.9
24.Sports, Performing Arts, Culture and Publication	3,417	2,850	1,136	39.9
25.Import and Export	8,976	7,400	1,182	16.0
26.Textiles and Garment	23,489	19,090	2,739	14.3
27.Wholesale and Retail	11,980	10,600	2,216	20.9
28.Information Technology	9,956	7,950	3,147	39.6

# The number of potential electors in an FC is calculated on the basis of the membership information provided by the relevant constituent bodies in that FC.

* The adjusted number of potential electors in an FC is estimated by discounting ineligible electors (such as non-permanent residents) and overlapping membership across the constituent bodies in that FC.

Annex III

Functional Constituency	Body	Submission
Real Estate and Construction	Hong Kong Institute of Real Estate Administration	To include its members as eligible electors
	The Hong Kong Institute of Housing	To include its members as eligible electors
Wholesale and Retail	Hongkong Kowloon New Territories & Overseas Fish Wholesalers Association Limited	To include its members as eligible electors
Transport	Hong Kong Air Cargo Terminals Limited	For transfer from the Industrial (First) FC to the Transport FC