LC Paper No. CB(2) 2122/98-99

Ref: CB2/SS/7/98

Purpose

This paper reports on the deliberations of the Subcommittee on subsidiary legislation relating to District Councils election on the District Councils (Subscribers and Election Deposit for Nomination) Regulation, the Maximum Scale of Election Expenses (District Councils) Order 1999 and the Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation.

The subsidiary legislation

District Councils (Subscribers and Election Deposit for Nomination) Regulation

2. The Regulation (L.N. 113 of 1999) is made pursuant to section 81 of the District Councils Ordinance to prescribe -

1. the number and qualifications of subscribers for nomination;
   
   
2. the amount of election deposit required for nomination; and
   
   
3. the minimum proportion of votes to be obtained by a candidate in the relevant constituency in order that the election deposit he has lodged when submitting his nomination would be returned, i.e. the threshold for forfeiture.

3. The same requirements will also apply to any by-election of the District Councils.

Maximum Scale of Election Expenses (District Councils) Order 1999

4. Pursuant to section 13(1) of the Corrupt and Illegal Practices Ordinance (Cap. 288), the Order (L.N. 114 of 1999) is made to prescribe the limit of election expenses for District Councils election in 1999. The same limit, fixed at $45,000, will apply to any by-election of the District Councils.

Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation

5. The Regulation (L.N. 115 of 1999) is made by the Electoral Affairs Commission pursuant to section 7 of the Electoral Affairs Commission Ordinance (Cap. 541) to provide for the appointment and functions of Nominations Advisory Committees (District Councils) and the procedures of the Committees.

The Subcommittee

6. At the House Committee meeting on 14 May 1999, Members decided to form a subcommittee to study these Regulations and Order. Members also decided that the Subcommittee should also be responsible for studying other subsidiary legislation relating to District Councils election in 1999 that would be introduced.

7. Under the chairmanship of Hon Andrew WONG, the Subcommittee held one meeting with the Administration. The membership list of the Subcommittee is in Appendix.

The deliberations of the Subcommittee

. The Subcommittee has examined the Regulations and Order clause by clause. The main deliberations of the Subcommittee are summarized below.

District Councils (Subscribers and Election Deposit for Nomination) Regulation

8. Members request the Administration to provide service to the prospective candidates to enable them to check whether they are validly nominated in respect of the relevant constituencies before the expiration of the nomination period. The Administration agrees to convey the views to the Registration and Electoral Office.

9. Members note that the deposit to be lodged upon the nomination of a candidate in an election of the District Councils is fixed at $3,000. Where a deposit has been lodged and the person lodging the deposit dies, the deposit shall be returned to the estate of that person. The deposit would be paid to the legal personal representative of that person. In the case where the deceased candidate does not have a legal personal representative, the Administration has advised that the deposit held for the deceased's estate would probably be reverted to the SAR Government.

10. The Subcommittee supports the Regulation.

Maximum Scale of Election Expenses (District Councils) Order 1999

11. Members note that the election expenses incurred by the candidates for the 1994 District Councils election were mainly in the range of $20,000 to $40,000. The limit of $45,000 posed no difficulties for candidates.

. The Subcommittee supports the Order.

Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation

12. On the provision of advisory service to the candidates, the Administration has responded that briefing sessions would be conducted for the candidates. Hotlines would be set up by the relevant departments for handling enquiries. The Administration intends to form four to five Nominations Advisory Committees (District Councils) (the Committees) to provide the prospective candidates with advice on their eligibility for nomination well before an ordinary election, e.g. to advise on whether a prospective candidate meets the requirement of having ordinarily resided in Hong Kong for the three years immediately preceding the nomination. The Committees also provide the Returning Officers with legal advice on the validity of any nominations in which they have doubts. The Administration stresses that the advice given by the Committees is not binding on the prospective candidates or the Returning Officers. The Returning Officers would consult Government Counsel where necessary.

13. The Subcommittee supports the Regulation.

Recommendation

14. The Subcommittee recommends that the District Councils (Subscribers and Election Deposit for Nomination) Regulation, the Maximum Scale of Election Expenses (District Councils) Order 1999 and the Electoral Affairs Commission (Nominations Advisory Committees (District Councils)) Regulation be supported.

Advice sought

15. Members are invited to support the recommendation of the Subcommittee in paragraph 16 above.


Legislative Council Secretariat
27 May 1999

附錄
Appendix

黃宏發議員(主席)	Hon Andrew WONG Wang-fat, JP (Chairman)
何秀蘭議員	Hon Cyd HO Sau-lan
李永達議員	Hon LEE Wing-tat
夏佳理議員	Hon Ronald ARCULLI, JP
張永森議員	Hon Ambrose CHEUNG Wing-sum, JP
劉江華議員	Hon LAU Kong-wah
蔡素玉議員	Hon CHOY So-yuk
合共 :	7位議員
Total :	7 Members
日期 ：	1999年5月24日
Date :	24 May 1999