CHAPTER 1 GENERAL INFORMATION Part I : General Part II : The constituencies and the Election Committee for the LegCo elections Part III : Registration of electors/voters Part IV : When the LegCo elections will be held Part V : Nomination of candidates Part VI : Election campaigning Part VII : The voting systems Part VIII : The poll Part IX : The count Part X : Disposal of documents Part XI : The election of the EC subsectors Appendix A : The functional constituencies and their electors Appendix B : The Election Committee, its sectors and subsectors, and the subsector voters Appendix C : A list of 28 functional constituencies and 38 Election Committee subsectors (their relationship and whether an elector/voter has a choice) 1
Transcript
CHAPTER 1
GENERAL INFORMATION
Part I : General
Part II : The constituencies and the Election Committee for the LegCo elections
Part III : Registration of electors/voters
Part IV : When the LegCo elections will be held
Part V : Nomination of candidates
Part VI : Election campaigning
Part VII : The voting systems
Part VIII : The poll
Part IX : The count
Part X : Disposal of documents
Part XI : The election of the EC subsectors
Appendix A : The functional constituencies and their electors
Appendix B : The Election Committee, its sectors and subsectors, and the subsector voters
Appendix C : A list of 28 functional constituencies and 38 Election Committee subsectors (their relationship and whether an elector/voter has a choice)
Appendix D : The combined polling arrangements -- polling stations for various kinds of electors in the general election
* * *
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PART I : GENERAL
1.1 This chapter briefly describes the electoral procedure for the
general information of the public and, in particular, electors as well as
candidates and their agents. Readers are advised to consult the relevant
chapters on specific areas for details. References in this chapter to the:
(a) LegCo Ord mean the Legislative Council Ordinance (Cap
542);
(b) EAC (ROE) (GC) Reg mean the Electoral Affairs
Commission (Registration of Electors) (Legislative Council
Geographical Constituencies) (District Council
Constituencies) Regulation;
(c) EAC (ROE) (FCSEC) Reg mean the Electoral Affairs
Commission (Registration) (Electors for Functional
Constituencies) (Voters for Subsectors) (Members of
Election Committee ) (Legislative Council) Regulation; and
Regulation and Chapter 3 : Nomination of Candidates.]
1.47 The nomination period for LegCo election is normally of 2-
week duration and expires 4 to 6 weeks before the date of election.
Nomination of a candidate must be made on the form specified by the
EAC. The nomination form should be personally delivered by the
candidate (or one of the candidates on a list) to the RO for the constituency
concerned within the nomination period, together with the payment of the
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appropriate amount of election deposit. The nomination paper must be
subscribed as follows:
(a) In respect of a list of GC candidate(s), it must be subscribed
by not less than 100 registered electors (other than the
candidates) of that particular GC assenting to the
nomination [s 7(1)(a) of the Legislative Council
(Subscribers and Election Deposit for Nomination)
Regulation (“the LegCo Subscribers & Deposit Reg”)]. An
elector may subscribe only one nomination list as regards a
particular GC election.
(b) In respect of a candidate of an ordinary FC (an FC
specified in s 20(1)(e) to (zb) of the LegCo Ord) (items 5 -
28 of Appendix A) or SFC, it must be subscribed by not
less than 10 registered electors (other than the candidate) [s
7(2)(a)(ii) of the LegCo Subscribers & Deposit Reg]. An
elector may subscribe as many nominations regarding a
particular FC election as there are vacancies to be filled [s
7(2)(b) of the LegCo Subscribers & Deposit Reg].
(c) In respect of a candidate of the EC, it must be subscribed by
not less than 10 members of the EC (other than the
candidate himself), and each elector may subscribe up to 6
nominations [s 7(2)(a)(iii) and (b) of the LegCo
Subscribers & Deposit Reg].
(d) In respect of a candidate of an EC subsector, it must be
subscribed by not less than 5 registered voters (other than
the candidate himself), and each voter may subscribe as
many nominations regarding a particular subsector as
there are vacancies to be filled [s 7(2)(a)(iv) and (b) of the
LegCo Subscribers & Deposit Reg].
FC
EC
subsector
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In any of the above cases, the subscribing elector/member/voter must be
registered for the constituency/EC/EC subsector concerned. If the
nomination subscribed by him has been held to be invalid, he may
subscribe another one before the end of the nomination period [s 7(3) of
the LegCo Subscribers & Deposit Reg]. [For details, see Chapter 3 :
Nomination of Candidates.]
1.48 Within 14 days of the expiry of the nomination period, the
RO for each constituency/subsector and the EC will publish in the Gazette
a notice of nomination which contains, in respect of the
constituency/subsector and the EC, information of the candidates who have
been validly nominated.
PART VI : ELECTION CAMPAIGNING
1.49 Where the number of validly nominated candidates for a
constituency or a subsector, or the EC does not exceed the number of
vacancies for that constituency, subsector or the EC, the candidate(s) will
be declared elected [s 46(1) of the LegCo Ord]. In such a case, polling in
respect of the constituency or the subsector or the EC will not be necessary
and concerned electors 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 constituency, a poll will
be held.
1.50 The REO will send to each elector registered in respect of
each constituency, subsector or the EC, at his last address known to the
REO, an introductory leaflet on the candidates contesting the election in
respect of that constituency. The introductory leaflet contains statements,
representations and information provided by each candidate/list of
candidates without any alteration or edition by the REO save where the
contents are considered by the EAC to be offensive to public decency or
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defamatory or otherwise unlawful. In respect of an uncontested
constituency, the introductory leaflet prepared for the candidate(s), who
will be declared elected, will still be sent to the electorate concerned.
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.
1.51 During the 4 to 6-week election period for the LegCo
election, ie, from commencement of the nomination period to the date of
election, the candidates will organise and conduct their election
campaigning activities.
1.52 Electors will find various forms of election advertisements
displayed by the candidates to publicise themselves and to promote their
candidature. Since it is the normal practice that the GC, FC and EC
elections will be held on the same day, each candidate or list of candidates
will have to 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.
1.53 Candidates are required to obtain prior written authorization
for display of election advertisements. Many publicity materials will also
be required to be serially numbered. A copy each of the authorizations and
two copies or two colour photographs of all publicity materials will have to
be deposited with the respective RO for public inspection. The conditions
for the display of election advertisements under criminal sanction can be
found in section 102 of the EAC (EP) (LC) Reg. There will be no scrutiny
of the contents of the election advertisements, since the contents are purely
a matter for the candidate who is fully responsible for the same.
[For details, see Chapter 5 : Display of Election Advertisements.]
1.54 Electors may also receive printed publicity materials
distributed or mailed by the candidates. Candidates are required to indicate
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on all their printed publicity materials the name and address of the printer,
together with the date of printing and the number of copies printed [see
Chapter 6 : Distribution and Mailing of Election Advertisements].
1.55 Candidates 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 Chapters 7 and 8 : Election Meetings and
Electioneering at Private Premises].
1.56 During their election campaigning activities, candidates
cannot publish any false statement, whether made orally or in writing,
relating to themselves or to other candidates or lists of candidates. They
cannot make any false claim of support from individuals or organisations
[see Chapters 15 and 16 : Corrupt and Illegal Conduct and
Misrepresentation and Namedropping].
1.57 Electors/voters should beware 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 and candidate.
PART VII : THE VOTING SYSTEMS
1.58 Different voting systems apply to elections of different
constituencies, the Election Committee and the subsectors, namely,
(a) for GCs, the list system of proportional representation;
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(b) for the 4 SFCs referred to in paragraph 1.15 above, the
preferential elimination system of voting; and
(c) for the 24 ordinary FCs, the EC and the subsectors, the first past
the post voting system.
The List System of Proportional Representation applicable to all GCs [s 49
of the LegCo Ord]
1.59 The list system of proportional representation 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 RO 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 priority 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].
1.60 At 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
FC
FC, EC,
subsectors
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the filling of the remaining seat or seats 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 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, ie,
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, eg,
List 1 List 2 List 3 List 4 List 5 List 6
Candidate A Candidate F Candidate J Candidate M Candidate O Candidate Q
Candidate B Candidate G Candidate K Candidate N Candidate P
Candidate C Candidate H Candidate L
Candidate D Candidate I
Candidate E
290,000 votes
270,000 votes
80,000 votes
120,000 votes
30,000 votes
210,000 votes (votes cast for the Lists)
Step 1
No. of candidates in each List returned for satisfying the quota with the remainder
votes:
List 1 List 2 List 3 List 4 List 5 List 6
Candidate A Candidate F None None None Candidate Q
90,000 votes
70,000 votes
80,000 votes
120,000 votes
30,000 votes
10,000 votes (treated as no vote remaining)
Step 2
No. of candidates in each List returned by applying the remainder votes:
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List 1 List 2 List 3 List 4 List 5 List 6
Candidate B None None Candidate M None None
(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.)
1.61 If, 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.]
The Preferential Elimination System and the 4 SFCs [s 50 of the LegCo
Ord]
1.62 The preferential elimination voting system applies to all the
FCs specified in section 20(1)(a) to (d) of the LegCo Ord (items 1 - 4 of
Appendix A), ie, the 4 SFCs referred to in paragraph 1.15 above. In such
an SFC, an elector is entitled to cast a single vote. The vote is transferable
amongst the candidates nominated for the election, with the elector
marking his preference or preferences for those candidates on the ballot
paper against one or more of those candidates in descending order. In
order to be elected, a candidate must obtain an absolute majority of the
FC
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valid votes. If no candidate obtains an absolute majority of the 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 candidates then remaining in accordance with
the next available preferences marked on the ballot papers. This process is
to continue until one candidate obtains an absolute majority over the other
candidate or candidates then remaining. [S 50 of the LegCo Ord.] If, after
the counting of votes is finished but before the result of an election of an
FC is declared, it comes to the knowledge of the RO that the candidate who
was successful at the election has died or is disqualified from being elected,
that RO must not declare that candidate as elected and must publicly
declare that the election has failed [ss 46A(3) and 50(8) of the LegCo Ord].
1.63 The 4 SFCs referred to in paragraph 1.15 above to which the
preferential elimination voting system applies are as follows:
(a) Heung Yee Kuk FC,
(b) Agriculture and Fisheries FC,
(c) Insurance FC, and
(d) Transport FC.
The First Past the Post Voting System is applicable to the 24 ordinary FCs,
the EC and the subsectors [ss 51 and 52 of the LegCo Ord and s 22 of
Schedule 2 to that Ordinance]
1.64 The first past the post voting system applies to the EC, the
subsectors and all FCs save those 4 SFCs set out in the preceding
paragraph. 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 has
the next greatest number of votes, and so on, until all the vacancies are
filled. Out of the 24 ordinary FCs, only the Labour FC has 3 seats to be
filled and electors of that ordinary FC can therefore vote for up to 3
candidates. In each of the remaining 23 ordinary FCs, only one seat is to
FC
EC, FC,
subsectors
30
be filled and the elector can only vote for 1 candidate. For the EC,
however, the elector must vote for the exact number of candidates as
there are vacancies, no less and no more, or otherwise his votes will
become invalid. If, after the counting of votes is finished but before the
result of an election for an FC or by the EC is declared, it comes to the
knowledge of the RO that the candidate or a candidate who was successful
at the election has died or is disqualified from being elected, the RO must
not declare that candidate as elected and must publicly declare that the
election has failed or has failed to the extent that the number of candidates
returned at the election was less than the number of members to be
returned. [See ss 46A(3), 51(8) and 52(7) of the LegCo Ord.]
PART VIII : THE POLL
Before the Poll
1.65 Polling stations to be used for polling in respect of each
constituency are designated by the CEO.
The Election of the EC Subsectors
1.66 Out of the 38 EC subsectors, the National People’s Congress
subsector as well as the Legislative Council subsector will be filled by ex-
officio members (see paragraph 1.25 above), and the Religious subsector
will nominate its EC members. No election is therefore necessary for these
3 subsectors. The elections of the remaining 35 subsectors to return EC
members will be held separately first on 9 July 2000. About 100 polling
stations will be designated and the registered residential addresses of the
voters will be used as the basis for designating polling stations.
The LegCo General Election
subsectors
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1.67 On the polling day for the LegCo general election, there will
be 2 kinds of polling stations, as follows:
(a) for the 5 GCs; such polling stations designated for the GCs
will be used also for polling for the 24 ordinary FCs (a
combined polling arrangement); and
(b) for the 4 SFCs and the EC, about 4 polling stations in Hong
Kong Island, Kowloon and the New Territories will be
designated. These polling stations are networked by a
computer system so that electors can cast their votes at any
one of them. Optical Mark Readers (“OMR”) will be made
available to help members of the EC to validate their
choices. These polling stations will be used also for polling
for the 24 ordinary FCs and the 5 GCs to which the SFC and
EC electors belong (also a combined polling arrangement).
[See ss 28 and 30 of the EAC (EP) (LC) Reg.]
1.68 Polling stations for a GC are normally situated within the
boundaries of the GC, but where there are not adequate suitable premises
for use within the GC, polling stations will have to be designated in nearby
areas outside the GC. Where circumstances require, non-permanent
structures may be designated as polling stations. The polling stations
designated for the 5 GCs are localised in the sense that an elector of a
particular GC will be assigned to a polling station close to his principal
residence as shown on the GC final register of electors.
The Combined Polling Arrangements [s 30 of the EAC (EP) (LC) Reg]
1.69 As intimated in paragraph 1.67 above, combined polling
arrangements will be made so as to convenience all electors. The
arrangements are for providing a one-stop service to each and every
elector, no matter whether he is entitled to vote in the GC, an ordinary FC,
FC
FC, EC
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an SFC or the EC, or two or more of them, so that he needs only to attend
ONE polling station to cast all his votes. There are the following scenarios:
(a) An elector who is only entitled to cast a GC vote: he will be
allocated to a polling station designated for that GC for
casting his GC vote.
(b) An ordinary FC elector and/or AR of a corporate elector of
one of the ordinary 24 FCs: he will be allocated to the polling
station designated for his GC, in which he can at the same
time cast his GC vote, his ordinary FC elector vote and/or his
ordinary FC AR vote.
(c) An elector or an AR of one of the 4 SFCs who may be at the
same time an elector or an AR of an ordinary FC or another
SFC: he will be allocated to the polling stations designated
for the 4 SFCs and the EC, in which he can at the same time
cast his GC vote, his SFC vote either as elector or AR and his
ordinary FC vote either as elector or AR.
(d) An EC elector (with or without any entitlement as AR to vote
in an ordinary FC or SFC): he will be allocated to the polling
stations designated for the 4 SFCs and the EC, in which he
can at the same time cast his EC vote and his GC vote, and if
applicable, his ordinary FC or SFC vote as AR.
By reason of the above arrangements, no polling station is required to be
designated for any of the 24 ordinary FCs. The details of the various
scenarios as well as a table for easy reference can be found in Appendix D.
1.70 Owing to the fact that combined polling arrangements are
used, special arrangements regarding poll cards, ballot papers, envelopes,
cardboards and ballot boxes are required, so as to help prevent confusion
FC
FC
EC
33
and mistake at polling, avoid breaking the secrecy of the vote, and facilitate
sorting of ballot papers at the count.
1.71 The ballot papers for each of the 5 GCs, each of the 24
ordinary FCs, each of the 4 SFCs and of the EC will be made easily
distinguishable by way of one or more of the following ways, namely, size,
colour, colour pattern and code. This will help prevent confusion and
mistake at polling, and will facilitate sorting of ballot papers at the count.
The poll card (notifying the elector/AR of the polling station he must
attend to cast his vote or votes) sent to the elector/AR shortly before the
polling day will bear the same colour as that used for the cardboard
referred to in paragraph 1.74 below, depending on the number of votes
(equivalent to the number of ballot papers to be issued to him) he is entitled
to cast in the polling station.
1.72 Envelopes will be provided to the elector/AR in a polling
station when he is issued with a ballot paper of a constituency for which
the polling station is not designated, because the number of such ballot
papers is not expected to be numerous, and if not concealed by the
envelope the votes marked on the ballot papers might be exposed. Such a
ballot paper must be folded to conceal the vote marked on it and inserted
into the envelope provided; and the ballot paper in the envelope will have
to be put into the appropriate ballot box. The EC elector will be provided
also with an envelope to conceal the vote marked on the EC ballot paper
issued to him, but he must not fold the EC ballot paper since EC ballot
papers have to be fed into an OMR to scan them for reading and counting
the EC votes marked on them.
1.73 Ballot boxes in different colours are provided for the
following purposes:
(a) In a polling station designated for a GC: white ballot box for
receiving the GC ballot papers, red ballot box for receiving
the ballot papers for the 24 ordinary FCs (mixed).
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(b) In a polling station designated for the 4 SFCs and the EC:
red ballot box for receiving the ballot papers for the 24
ordinary FCs and the 4 SFCs (mixed), blue ballot box for
receiving the EC ballot papers and white ballot box for
receiving the ballot papers for the 5 GCs (mixed).
1.74 In order to ensure that no elector or AR will leave the
polling station with any ballot paper, a colour cardboard will be given to
him at the same time when ballot paper(s) are issued to him. The colour of
the cardboard depends on how many ballot papers are issued to the elector
according to his entitlement: white for an elector issued with one ballot
paper, red for one issued with 2 ballot papers and blue for one issued with
3 ballot papers.
[Please see Appendix D for the details of the combined polling
arrangements mentioned in the preceding six paragraphs.]
1.75 About 10 days before the polling day, electors of contested
constituencies will be sent poll cards, addressed to their last addresses
known to the REO, notifying them of the date, time and place of the poll.
In the case where the number of validly nominated candidates for a
constituency does not exceed the number of vacancies, the candidate(s) will
be declared elected. Electors in respect of such a constituency do not need
to vote, and the polling stations designated for the constituency will not be
used for polling in respect of that constituency.
1.76 An elector (and AR of a corporate elector) may vote only at
the polling station(s) allocated to him by the CEO. Many of the polling
stations are accessible to persons with a disability including those who have
difficulty in walking. Electors with a disability making it difficult for them
to access the polling station allocated to them may at least 5 days before
the polling day apply to the CEO for re-allocation of a polling station
specifically designated for such electors. If a specially designated polling
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station is re-allocated to him, then he can vote only at that polling station.
Electors and ARs concerned can make enquiries with the REO on this
subject through telephone number 2891 1001 or facsimile number 2891
1180.
Inside the Polling Station
1.77 In each polling station referred to in paragraph 1.67 above,
there will be different sets of ballot boxes and ballot papers to prevent
confusion and mistake:
(a) in a GC polling station under paragraph 1.67(a), there will
be up to 25 different sets of ballot papers, 1 for the
particular GC for which the polling station is designated and
1 for each of the 24 ordinary FCs; and there will be 2
different sets of ballot boxes, one (white in colour) to hold
the ballot papers cast for the GC and the other (red in
colour) to hold the ballot papers cast for the 24 ordinary
FCs; and
(b) in a polling station under paragraph 1.67(b), there will be up
to 34 different sets of ballot papers, 1 for the EC, 1 for each
of the 5 GCs, 1 for each of the 24 ordinary FCs, 1 for each
of the 4 SFCs; and there will be 3 different sets of ballot
boxes, one (blue in colour) to hold the ballot papers cast for
the EC, one (white in colour) to hold the ballot papers cast
for the 5 GCs, and the remaining one (red in colour) to hold
the ballot papers for the 24 ordinary FCs and the 4 SFCs.
1.78 Before the commencement of polling, which is normally at
7:30 am on polling day, the Presiding Officer at a polling station will
notify the candidates, their election agents and polling agents, if they are
present, the exact time when the ballot boxes will be locked and sealed. He
will show such persons the ballot boxes which are empty before proceeding
FC
FC, EC
36
to lock and seal them. Candidates concerned and their agents may observe
the locking and the sealing of the ballot boxes, if they are present.
1.79 The Presiding Officer will also inform and show to the
relevant candidates, their election agents and polling agents, if they are
present, the number of unissued ballot papers relating to each constituency,
which are in his possession. In a polling station, the Presiding Officer will
have the number of different sets of ballot papers as described in paragraph
1.77 above. The GC, ordinary FC, SFC and EC ballot papers are easily
distinguishable by different colour patterns, sizes or code numbers, at the
back and/or in the front, to facilitate easy identification in the polling and
counting process. The envelopes provided to the elector/AR (see
paragraph 1.72 above) will be designed in such a way that the folded ballot
papers inserted into the envelopes can be easily recognisable even before
they are taken out of the envelopes in the counting process.
Outside the Polling Station
1.80 Where circumstances permit, the Presiding Officer will
arrange an enlarged copy of the relevant introductory leaflets on candidates
published by the REO to be displayed outside the polling station to
facilitate easy reference by electors/voters. A “no canvassing zone” will be
designated outside each polling station to ensure the free and safe passage
of electors into the polling station. Door-to-door canvassing and for the
purpose of such canvassing, the display of any badge, emblem or clothing
which may promote or prejudice the election of a candidate or candidates
at the election, or makes direct reference to a body any member of which is
standing as a candidate in the election or to a political body in Hong Kong
will be allowed on the storeys above or below street level in a building
within a no canvassing zone other than a building in which there is a
polling station, provided that it does not pose any obstruction to electors
and no amplifying device is used. Apart from this, no canvassing activities
will be allowed within a no canvassing zone except for static displays of
election advertisements that are authorized by the RO or the Presiding
FC, EC
37
Officer of the relevant polling station. A notice of the declaration of a no
canvassing zone and a map or plan showing the boundary of the area will
be put up at or near the polling station. A “no staying zone” in which no
one is allowed to stay or loiter will also be designated immediately outside
the entrance of a polling station to avoid any obstruction of entry. [See
Chapter 11: Prohibition Against Canvassing Activities outside Polling
Stations.]
1.81 On polling day, a person must not:
(a) other than the door-to-door canvassing activities stated in
paragraph 1.80 above, engage in canvassing votes within the
no canvassing zone;
(b) use a sound amplifying system or device for any purpose
within the no canvassing zone;
(c) use a sound amplifying system or device, for canvassing
votes, so that the sound emitted by it can be heard in the no
canvassing zone;
(d) without reasonable excuse, display in the no canvassing
zone any badge, emblem or clothing which -
(i) may promote or prejudice the election of a candidate
or candidates at the election; or
(ii) makes direct reference to a body any member of
which is standing as a candidate in the election or to
a political body in Hong Kong; or
(e) stay or loiter in the no staying zone without the express
permission of the Presiding Officer;
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otherwise he commits an offence with a maximum penalty of a fine at level
2 (ie, $5,000) and imprisonment for 3 months [ss 40 and 45 of the EAC
(EP) (LC) Reg and ss 36 and 41 of Schedule 1 to that Regulation].
Admission to the Polling Station
1.82 Other than electors, the following persons may also be
admitted to a polling station:
(a) the Presiding Officer and other polling staff;
(b) members of the EAC;
(c) the CEO;
(d) the Chief Returning Officer (“Chief RO”), the ROs and
Assistant ROs for the relevant constituencies;
(e) public officers on duty at the polling station;
(f) candidates and election agents of the relevant constituencies;
(g) polling agents for the polling station (only one at a time in
respect of each candidate/list of candidate);
(h) public officers authorized in writing by the CEO;
(i) any person authorized in writing by a member of the EAC,
subject to the conditions as imposed in the authorization;
and
(j) a child who accompanies an elector to the polling station for
the purpose of voting (if the Presiding Officer considers that
the child should not be left unattended while that elector is
39
in the polling station and the child will not disturb or cause
inconvenience to any person in the polling station).
[S 44 of the EAC (EP) (LC) Reg and s 40 of Schedule 1 to that
Regulation.]
A notice will be displayed at the entrance to polling stations that only the
above persons and electors may be allowed to enter.
NOTE : For the purpose of ensuring that polling takes place
smoothly and efficiently, the Presiding Officer may regulate
the number of electors, candidates, election agents and
polling agents to be admitted to the polling station at any
one time. [See also paragraph 4.28 of Chapter 4.]
1.83 Except for an elector or a police officer on duty or a
member of the Civil Aid Service on duty, all other persons permitted to
enter a polling station are required to sign a Declaration of Secrecy on a
specified form and observe the provisions governing the secrecy of voting.
Conduct Inside the Polling Station
1.84 The ballot is secret. No one can force a person to vote or
not to vote for any particular candidate or list of candidate(s) [s 13 of
the E(CIC) Ord]. Also, no one is required to tell which candidate or list
of candidates he has voted for or is going to vote for. A person who,
without lawful authority, requires or purports to require an
elector/voter/AR to disclose the name of or any particular relating to the
candidate or GC list for whom the elector/voter/AR voted is guilty of a
criminal offence [s 60 of the LegCo Ord and s 30 of Schedule 2 to that
Ordinance].
1.85 The polling stations designated for the 5 GCs, and the 4
SFCs and the EC (see paragraph 1.67) will have polling arrangements EC, FC
40
designed to convenience electors. Inside each such polling station, a notice
will be displayed to inform electors that polling for the relevant GC, all the
24 ordinary FCs, all the 4 SFCs or the EC is being held concurrently, and
that an elector/AR will be issued with 1, 2 or 3 different ballot papers,
depending on his entitlement. The ballot papers issued to the elector/AR
so entitled will be issued at the same time. Therefore, such an elector/AR
who wishes to exercise the right to cast any of his votes will have to do so
at the same visit to the polling station.
1.86 For an individual to qualify as an AR of a corporate elector
of an FC, he cannot be an individual elector for that ordinary FC or SFC
[see s 26(2)(c) of the LegCo Ord]. An AR of an ordinary FC will be
allocated to a polling station for the GC at which he may vote as a GC
elector and also as an AR of an ordinary FC. If he is also an elector of
another ordinary FC, he will cast his 3 votes in the same GC polling
station, 1 for his GC, 1 for the ordinary FC in which he is an AR and the
remaining one for the ordinary FC in which he is an elector.
1.87 A person who is an SFC elector/AR must attend any one of
the SFC/EC polling stations allocated to him to cast his vote as an
elector/AR of an SFC, his GC vote and/or his vote as an elector/AR of an
ordinary FC or another SFC. A person who is an EC elector must also
attend any one of the SFC/EC polling stations to cast his EC vote, his GC
vote and/or his vote as an AR of an ordinary FC or an SFC.
1.88 When issued with ballot papers, an elector/AR will be
issued with envelopes for him to conceal the votes marked on the ballot
papers of the constituencies for which the polling station is not designated.
The ballot papers (except one for the EC) are to be folded, face inside,
before being inserted into the envelopes provided. The EC ballot paper
must not be folded in order to enable it to be fed into a computer
programmed to scan such ballot papers for reading and counting the EC
votes marked on them. Similarly the subsector ballot paper must not be
folded for counting with the assistance of a computer. Envelopes will also
FC
FC, EC
FC, EC,
subsectors
41
be provided to conceal the votes marked on the EC and subsector ballot
papers.
1.89 When issued with ballot paper(s), an elector/AR will also be
provided with a cardboard to which a chop with a tick “” is attached.
Persons who are supplied with one ballot paper will be required to carry a
white cardboard to show that they have only one ballot paper. Persons
who are issued with 2 ballot papers will be required to carry a red
cardboard, and those who are issued with 3 ballot papers will be required to
carry a blue cardboard. This arrangement is to facilitate control and
monitoring so that no person can take away any ballot paper from the
polling station. The cardboard will be collected by the polling staff after
the elector/AR has cast his vote (ie, ballot papers included in envelopes, as
appropriate) before leaving the polling station.
1.90 An elector or AR should show to the polling staff his
identity card or such other identity document or documents, which show
the identity card/document number, name and photograph of the
elector/AR, to the satisfaction of the Presiding Officer. The polling staff
will check the elector/AR’s identity document against the entries on the
copy of registers of electors to ascertain if the elector/AR is registered in
respect of both the GC and one or two of the 24 ordinary FCs and the 4
SFCs or the EC. If so, the polling staff will inform the elector/AR of the
GC, ordinary FC, SFC or EC in respect of which he is registered to vote.
The polling staff will then call out the name of the elector/AR as stated in
the copy of the composite or annotated register of electors and cross out the
name and the identity document number of that elector/AR in the register,
before giving him either 1 or 2 or 3 different ballot papers, as appropriate.
An elector/AR may be asked to check his own entry on the register to
ensure that he has been given the correct ballot paper(s). No record may be
made as to which particular ballot paper(s) is given to an elector/AR.
1.91 For control purpose regarding the total number of ballot
papers issued, the counterfoil of each ballot paper bears a serial number on
FC, EC
FC, EC
42
its front. The serial number on the counterfoil will not, however, be
recorded or related to the particular elector to whom the ballot paper is
issued.
1.92 If there is reasonable ground for questioning the bona fides
of an elector/AR, the Presiding Officer shall ask the elector/AR the
following questions at the time of his application for a ballot paper (but not
afterwards):
(a) Are you the person registered as an elector/AR of a
corporate elector in the register of electors now in force as
regards this constituency/the two or three constituencies/EC
(as appropriate) and polling station, as follows (reads the
whole of the relevant entry or entries in the register)?
(b) Have you already voted as an elector/AR in respect of the
present election/by-election (as appropriate)?
A person will not be issued with any ballot paper unless he has answered
the questions to the satisfaction of the Presiding Officer.
1.93 Where there is reasonable cause to believe that a person has
engaged in corrupt conduct by impersonation of an elector or AR, the
Presiding Officer may request the police officer on duty at the polling
station to arrest that person.
1.94 After being issued with the ballot paper(s)/the cardboard to
which a chop with a tick “” is attached, the elector/AR should
immediately proceed to one of the voting compartments where he should
mark his ballot paper(s) to indicate his choice of candidate(s). The manner
in which a ballot paper should be marked for the GC, the 24 ordinary FCs,
the 4 SFCs and the EC will be different, depending on the applicable
voting system. An elector/AR should read carefully the instructions given
on the ballot paper and follow the instructions in marking his choice of
FC, EC
FC, EC
FC, EC
43
subsector
candidate(s). [For details on how the votes should be given, see Chapter
4.] Briefly, in respect of a GC ballot paper to which the list system of
proportional representation is applicable, the elector should affix the chop
supplied to give a “” against the list containing one or more candidates’
names of his choice in the circle provided. In respect of a ballot paper
regarding the 24 ordinary FCs to which the first past the post voting system
applies, the elector should mark a “” with the chop supplied against the
candidate’s name of his choice in the circle provided, save in the Labour
FC which has 3 vacancies to fill, then the elector may mark up to 3 “”s
with the chop supplied against the names of 3 candidates, but no more. In
respect of the EC ballot paper, the elector must indicate his choice of 6
candidates by shading the ovals against the names of the 6 candidates of his
choice, no more and no less. OMR will be available in SFC/EC polling
stations to help EC electors check mistakes. The specially designed ballot
paper with ovals against the names of the candidates will, apart from the
EC election, be also used for the subsector elections, for the purpose of
enabling computers to be employed for the counting of votes. The
subsector voter is to shade up to the number of ovals for the choice of
candidates as there are vacancies to be filled. An elector/AR of the
EC/subsector election should not fold his ballot paper but should conceal
the markings thereon with the envelope provided before he comes out of
the voting compartment, as the counting of votes in respect of the EC and
subsectors may be done by computer and folding of the ballot paper may
hinder the application of the computer.
1.95 Insofar as the 28 FCs are concerned, electors/ARs of
corporate electors for the SFCs are the only electors/ARs who will use a
pen to mark ballot papers. The ballot paper regarding the 4 SFCs to which
the preferential elimination voting system applies (set out in paragraph 1.63
above) will have all the candidates names printed on it together with circles
against each name for the elector or the AR of the corporate elector to mark
his/its choices of preference. He should mark his first preference by
writing “1” in the circle against the name of the candidate of his first
choice, “2” in the circle against the name of the candidate of his second
subsector
FC
44
preference, “3” in the circle against the name of the candidate of his third
preference, and so on. He should then fold his ballot paper to conceal
the markings thereon and put it in the envelope before he comes out of
the voting compartment.
1.96 For an elector of the GC or an elector/AR of the 24 ordinary
FCs or of the 4 SFCs, after he has marked the ballot paper(s) to indicate the
choice of candidate(s), he should fold the ballot paper(s) to conceal the
marking(s) thereon,, put them into the envelopes provided and come out
of the voting compartment. A visually impaired elector who so requests
will be provided with a template to facilitate his marking of the ballot
paper without any assistance from anyone. [For details about the template,
see paragraph 4.40 of Chapter 4.] The template should be returned to the
polling staff after use.
1.97 Immediately after an elector comes out of the voting
compartment, he should put his marked ballot paper(s) (in the envelopes
where provided) into the appropriate sealed ballot box(es) as directed by
the polling staff, after which the elector should leave the polling station
without undue delay.
NOTE : An elector/AR must not remove a ballot paper from a
polling station. It is an offence under section 54(6) of the
EAC (EP) (LC) Reg for a person to bring out a ballot paper
from a polling station. Any person who removes a ballot
paper from a polling station with an intent to deceive may
commit an offence under section 17(1)(c) of the E(CIC) Ord
and may be prosecuted. It will also be a corrupt conduct
under section 17(1)(d) of the E(CIC) Ord if any person,
without lawful authority, destroys, defaces, takes or
otherwise interferes with a ballot paper at the election.
1.98 Any elector/AR who has inadvertently torn or damaged any
ballot paper or has made an error in marking any ballot paper issued to him
FC
FC, EC
45
(“spoilt ballot papers”) may ask the Presiding Officer to exchange it for
another ballot paper. Such spoilt ballot papers will be endorsed on the
front with the word ‘SPOILT’ and will be kept by the Presiding Officer.
The spoilt ballot papers will not be counted at the counting of the votes.
[Ss 62 and 80 of the EAC (EP) (LC) Reg and ss 55 and 70 of Schedule 1 to
that Regulation.]
1.99 Where a person, representing himself to be a particular
elector or AR of a corporate elector entered on the register, applies for any
ballot paper after a person has been issued with any ballot paper as such an
elector or AR of such a corporate elector, he may be issued with ballot
paper(s) with the word ‘TENDERED’ endorsed on the front. Such ballot
paper(s) will not be counted at the counting of the votes. [Ss 60 and 80 of
the EAC (EP) (LC) Reg and ss 53 and 70 of Schedule 1 to that
Regulation.]
1.100 Ballot papers which have been issued (whether marked or
unmarked) are sometimes abandoned or found left behind by electors in the
voting compartments or lying on the floor of the polling station, or
otherwise not used. The intention of the electors is not clear in such cases.
Any person who discovers such a ballot paper is required to hand it to the
Presiding Officer. Such a ballot paper will be endorsed with the word
‘UNUSED’ (unless it is not reasonably practicable to do so) and will be
kept by the Presiding Officer. In no circumstances will the ballot paper be
put into a ballot box. Such a ballot paper will not be counted at the
counting of the votes. [Ss 61 and 80 of the EAC (EP) (LC) Reg and ss 54
and 70 of Schedule 1 to that Regulation.]
1.101 An elector/AR who is unable to mark a ballot paper to
indicate the choice of candidate(s) (eg, being unable to read or write or
incapacitated by visual deficiency or other physical cause) may ask the
Presiding Officer, Deputy Presiding Officer or Assistant Presiding Officer
to mark the ballot paper on his behalf. The marking of the ballot paper will
be made to show the elector/AR’s choice in the presence of one of the
FC, EC
46
Polling Officers as a witness. [S 59 of the EAC (EP) (LC) Reg and s 52 of
Schedule 1 to that Regulation.]
1.102 Inside a polling station, an elector/AR must not:
(a) interfere with or attempt to influence any elector/AR;
(b) speak to or communicate with any other elector/AR if the
Presiding Officer has given direction to him not to do so;
(c) attempt to obtain information, or disclose any knowledge
acquired, concerning the vote of another elector/AR;
(d) exhibit or distribute any campaign material;
(e) without reasonable excuse, display any badge, emblem or
clothing which –
(i) may promote or prejudice the election of a candidate
or candidates at the election; or
(ii) makes direct reference to a body any member of
which is standing as a candidate in the election or to
a political body in Hong Kong; or
(f) use a mobile telephone or any telephone or paging machine
or any other form of electronic communication device if the
Presiding Officer has given direction to him not to do so.
If a person contravenes any of the above prohibitions, he commits an
offence and will be liable to a fine at level 2 (ie, $5,000) and imprisonment
for 3 months (see s 45 of the EAC (EP) (LC) Reg and s 41 of Schedule 1 to
that Regulation).
47
1.103 A person must not misconduct himself in or in the vicinity
of a polling station or fail to obey any lawful order of the RO or the
Presiding Officer; otherwise he commits an offence punishable with a fine
and imprisonment and may be ordered by such officer to leave the area. If
he fails to leave immediately, he may be removed by a police officer or by
any other person authorized in writing by the RO or the Presiding Officer
to remove him. The person so removed may not re-enter the polling
station during that day except with the permission of the RO or the
Presiding Officer. [S 46 of the EAC (EP) (LC) Reg and s 42 of Schedule 1
to that Regulation.]
1.104 Only the following persons may speak to or communicate
with electors/ARs within a polling station:
(a) the Presiding Officer and other polling staff;
(b) members of the EAC;
(c) the CEO;
(d) the ROs and Assistant ROs for the relevant constituencies;
(e) police officers on duty and members of the Civil Aid
Service on duty at the polling station;
(f) a person authorized in writing by the ROs for liaison
purposes; and
(g) any person authorized in writing by a member of the EAC.
1.105 No person may canvass or display any election
advertisement within a polling station. Any person who undertakes
photographing, filming and video or audio recording within a polling
station without the express permission of the Presiding Officer, or a
48
member of the EAC, or the express permission, in writing, of the RO,
commits an offence [s 45(2) of the EAC (EP) (LC) Reg and s 41(2) of
Schedule 1 to that Regulation]. Normally such permission is only granted
to members of the media or Government photographers for publicity
purposes.
49
Close of Poll
1.106 Polling will normally close at 10:30 pm, and electors who
intend to vote but are not at the door of their designated polling station by
that time will not be allowed in afterwards. At the close of the poll, the
ballot boxes will be locked and sealed by the Presiding Officer in the
presence of the relevant candidates and their agents, if they are present.
The Presiding Officer will also inform them the numbers of unissued ballot
papers, spoilt ballot papers and unused ballot papers in his possession. All
ballot papers which are unissued, spoilt or unused and the marked copies of
the register(s) will then be made up into sealed packets in respect of each
constituency.
PART IX : THE COUNT
1.107 Following a separate public consultation exercise conducted
in January 2000, the EAC decided that for the 2000 LegCo general
election, a regional counting station will be set up for each of the 5 GCs to
count their respective GC ballot papers and announce the election results.
A central counting station will also be set up to conduct the count for 24
ordinary FCs, 4 SFCs and the EC and announce the election results. The
RO for each constituency and the EC, assisted by his Assistant ROs and
counting staff, will be responsible for the conduct of the sorting and
counting.
Conduct at the Counting Station
1.108 The count comprises one or more of three main processes:
the sorting of ballot papers by constituencies, the counting of ballot papers
in respect of each polling station for verification of the ballot paper
accounts and the counting of votes recorded on ballot papers.
50
1.109 Only the following persons may be present at the counting
of votes:
(a) the Chief RO;
(b) the ROs, Assistant ROs with various duties and counting
staff for the relevant constituencies;
(c) members of the EAC;
(d) the CEO;
(e) candidates and their election agents of the relevant
constituencies;
(f) counting agents;
(g) police officers on duty and members of the Civil Aid
Service on duty at the counting station;
(h) public officers authorized in writing by the CEO;
(i) any person authorized by the Chief RO or the RO in charge
of the counting zone of the central counting station or by the
RO who supervises a counting station; and
(j) any person authorized in writing by a member of the EAC.
[S 68 of the EAC (EP) (LC) Reg and s 61 of Schedule 1 to that
Regulation.]
1.110 Before entry, every person authorized to be present at a
counting station, other than the police officers and members of the Civil
Aid Service on duty, must make a Declaration of Secrecy on a specified
51
form and observe the provisions governing the secrecy of voting [s 95 of
the EAC (EP) (LC) Reg and also s 85 of Schedule 1 to that Regulation].
1.111 The Chief RO or the RO who supervises a regional counting
station, as the case may be, may designate an area at the counting station
for the public to observe the count at a distance [s 68(5) of the EAC (EP)
(LC) Reg and s 61(5) of Schedule 1 to that Regulation]. Persons present
within that designated area will not be required to make a Declaration of
Secrecy. Except with the express permission of the Chief RO or the
relevant RO or a member of the EAC, as the case may be, any person who
undertakes photographing, filming and video or audio recording within a
counting zone during the period commencing from the time at which the
counting of the votes is to begin at the zone and ending upon the
completion of the counting and re-count, if any, at the zone commits an
offence [s 68A(1) and (2) of the EAC (EP) (LC) Reg and s 61A(1) and (2)
of Schedule 1 to that Regulation].
1.112 A person must not misconduct himself in or in the vicinity
of a counting station or fail to obey any lawful order of the Chief RO or the
RO who supervises a regional counting station, as the case may be,
otherwise he commits an offence punishable with a fine and imprisonment
and may be ordered by the Chief RO or the RO to leave the area. If he
fails to leave immediately, he may be removed by a police officer or by
any other person authorized in writing by the Chief RO or the RO. The
person so removed may not re-enter the counting station except with the
permission of the Chief RO or the RO. [Ss 68A and 69 of the EAC (EP)
(LC) Reg and ss 61A and 62 of Schedule 1 to that Regulation.]
1.113 The RO will conduct the count as described in paragraphs
1.114 to 1.119 below in the presence of the relevant candidates and their
election or counting agents, if they are present. After the RO has opened
the ballot boxes, the candidates and their agents may request to inspect any
papers other than ballot papers taken from the ballot boxes before they are
disposed of.
52
1.114 The GC ballot boxes from the GC polling stations will be
delivered to and opened at the respective GC counting station. After all the
ballot boxes have been opened, any FC ballot paper found in the GC ballot
boxes will be sorted, counted, recorded, sealed and delivered to the central
counting station without being taken out of the envelopes. The ballot
papers cast for the GC will then be counted for verification of the ballot
paper accounts by the RO of the respective GC. The ballot papers for the
same GC from not less than 2 of the polling stations will be mixed before
the counting of votes commences.
1.115 The ordinary FC/SFC ballot boxes will be delivered to and
opened at the central counting station. Any GC ballot paper found in the
ordinary FC/SFC ballot boxes will be sorted, counted, recorded, sealed and
delivered to the relevant GC counting station. Any EC ballot paper found
in the SFC ballot boxes will be sorted, counted, recorded, sealed and
delivered to the EC counting zone. There will be 24 sorting/counting
zones for each of the ordinary FCs and 4 for the SFCs. The ballot papers
cast for the ordinary FCs/SFCs, as the case may be, from each of the
polling stations will first be counted for verification of the ballot paper
accounts by the RO of the respective ordinary FC/SFC. Such ballot papers
will be separately bundled with the respective verified ballot paper account.
The envelopes containing ballot papers will not be removed at this stage, to
ensure the secrecy of the votes marked on them.
1.116 The ordinary FC/SFC ballot papers in each of the
sorting/counting zones will be sorted to make up separate bundles for each
constituency. Each bundle of ballot papers (still in envelopes) which is
required to be delivered to another sorting/counting zone will be placed in
a separate receptacle and sealed under observation by persons present at the
counting station. Bundles belonging to the same constituency will be
allocated to the Assistant ROs and their staff for transferring them to the
counting zones in respect of the relevant constituency for the counting of
votes marked on them under the supervision of the RO of the ordinary
FC
FC
53
FC/SFC. The ballot papers for the same ordinary FC/SFC from not less
than 2 of the polling stations will first be mixed before sorting. It is after
mixing that the envelopes enclosing the ballot papers will be removed.
1.117 The EC/GC ballot boxes from SFC/EC polling stations will
be delivered to and opened by the RO of the EC at the central counting
station. The EC ballot papers will be counted for verification of the ballot
paper account, mixed and the votes will be counted in the EC counting
zone. The GC ballot papers will be sorted and made up into separate
bundles. Each bundle of GC ballot papers will be placed in a separate
receptacle and sealed. The bundles will be delivered to the relevant
regional counting station. Any ordinary FC/SFC ballot paper found in the
ballot boxes will be counted, recorded, sealed and delivered to the relevant
counting zone in the central counting station.
1.118 The counting of the EC ballot papers may be done by the
use of OMR. The counting of the subsector election ballot papers may also
be done by OMR. [S 78 of the EAC (EP) (LC) Reg and s 68 of Schedule 1
to that Regulation.] [For the steps on how votes are counted, see
paragraphs 4.52 and 4.53 of Chapter 4.]
1.119 For the counting of votes in respect of a GC or each of the
24 ordinary FCs, the valid ballot papers will be sorted with reference to the
lists of candidate(s) or candidates, as the case may be, for whom the vote or
votes have been recorded, and such ballot papers counted. The counting of
votes in respect of each of the 4 SFCs will be handled manually by the RO
of the relevant SFC.
1.120 A ballot paper is invalid if [generally see paragraph 4.73 of
Chapter 4]:
(a) it is not marked with the chop provided by the electoral staff
in the case of the 5 GCs and the 24 ordinary FCs;
EC
EC,
subsectors
FC
54
(b) votes are given for more than one list of candidate(s) for a
GC [see paragraph 4.72 of Chapter 4];
(c) votes are given for more or less candidates than the number
of vacancies in the EC [see paragraph 4.64 of Chapter 4];
(d) votes are given for more candidates than the number of
vacancies in the relevant ordinary FC [see paragraph 4.64 of
Chapter 4];
(e) votes are given not in accordance with the manner as
prescribed for the preferential elimination voting system
applicable to any one of the 4 SFCs [see paragraphs 4.66
and 4.67 of Chapter 4];
(f) no vote has been marked on it;
(g) the voter’s intention is unclear;
(h) it is marked in any way by which the voter can be identified;
(i) it is substantially mutilated;
(j) it is endorsed on the front with the word “SPOILT” [see
paragraph 1.98 above];
(k) it is endorsed on the front with the word “TENDERED”
[see paragraph 1.99 above]; or
(l) it is endorsed with the word “UNUSED” [see paragraph
1.100 above].
1.121 Ballot papers with doubtful validity are set aside as
questionable ballot papers. A relevant candidate or his election agent may
EC
FC
FC
55
object to the admission or rejection of a questionable ballot paper by
making his objection known to the RO for the constituency who will
decide whether the ballot paper (or the vote recorded thereon) is valid or to
be rejected and, in the latter event, endorse on the ballot paper the word
“rejected”. [S 81(4) of the EAC (EP) (LC) Reg and s 71(4) of Schedule 1
to that Regulation.]
1.122 A relevant candidate or his election agent may object to the
rejection of a ballot paper by the RO for the constituency, in which case the
RO shall add to the endorsement the words “rejection objected to”.
Questionable ballot papers which are accepted by the RO for the
constituency but objected to by a relevant candidate or his election agent
will be marked “acceptance objected to”. [S 81(4) and (5) of the EAC
(EP) (LC) Reg and s 71(4) and (5) of Schedule 1 to that Regulation.]
1.123 The decision of the RO for a constituency in regard to any
question arising in respect of any ballot paper relating to that constituency
shall be final, but may be subject to review on an election petition [s 82 of
the EAC (EP) (LC) Reg and s 72 of Schedule 1 to that Regulation]. In a
subsector election, the review is to be done by the Revising Officer of the
Court and an application has to be made to him.
1.124 The counting of votes will proceed continuously, as far as
possible, until the counting is completed.
1.125 After a count, the RO for a constituency will make known
the result to the relevant candidates or their election or counting agents
present. Such a candidate or his election agent may request the RO for the
constituency to re-count the votes and the relevant RO shall comply with
any such request unless in his opinion it is unreasonably made.
Declaration of Result
56
subsectors
1.126 When the counting of votes and re-counts, if any, are
completed and a result obtained, the RO for the relevant constituency shall
declare the candidate(s) elected for the constituency concerned. The RO
for the relevant constituency shall display a notice of result of the election
of the constituency in a prominent place outside the counting station. The
result of the election will also be published in the Gazette within 10 days of
the declaration of the result [s 83 of the EAC (EP) (LC) Reg and s 73 of
Schedule 1 to that Regulation].
PART X : DISPOSAL OF DOCUMENTS
1.127 As soon as practicable after the RO has ascertained the
result of the poll in an election, he will seal all the relevant documents and
ballot papers into packets. Candidates and their agents may observe the
packaging, if they wish.
1.128 These sealed packets of documents will then be deposited
with the CEO for safe custody for 6 months before they are destroyed.
1.129 Except pursuant to a court order in relation to an election
petition or a criminal proceeding, no person may inspect any ballot
paper in the custody of the CEO.
PART XI : THE ELECTION OF THE EC SUBSECTORS
1.130 The guidelines set out under Parts VIII, IX and X above,
with necessary modifications, apply to the elections of the EC subsectors.
1.131 The polling station allocated to a voter will be based on his
registered residential address. He can cast his vote as a voter of a subsector
subsectors
57
and also AR of another subsector at the same time and at the same polling
station. An envelope will be provided for him to conceal his vote. In the
case where the person is entitled to cast 2 votes, ie, his vote as voter and his
AR vote, 2 envelopes will be provided. A cardboard to indicate the
number of ballot papers a person has been issued (ie, white for one ballot
paper and red for two ballot papers) will also be provided. There will be
one ballot box (blue in colour) for receiving the ballot papers of different
subsectors, including the votes both as voter and AR.
1.132 The ballot papers of the subsectors must not be folded, in
order to enable them to be fed into an OMR to scan them for reading and
counting the votes marked on them.
58
Electoral Affairs CommissionMay 2000
59
57
Appendix A to Chapter 1
The Functional Constituencies and Their Electors
Column 1Constituency
Column 2Electors
1. Heung Yee Kuk functional constituency
Chairman and Vice-Chairmen of the Heung Yee Kuk and Ex Officio, Special and Co-opted Councillors of the Full Council of the Kuk.
2. Agriculture and fisheries functional constituency
(1) Corporate members of each of the following bodies:
(a) Federation of Vegetable Marketing Co-operative Societies, Limited;
(b) Federation of Pig Raising Co-operative Societies of Hong Kong, Kowloon and New Territories, Ltd;
(c) The Joint Association of Hong Kong Fishermen;(d) Federation of Hong Kong Aquaculture
Associations;(e) The Federation of Fishermen's Co-operative
Societies of Shau Kei Wan District, Limited;(f) The Federation of Fishermen's Co-operative
Societies of Tai Po District, N.T., Limited;(g) The Federation of Fishermen's Co-operative
Societies of Sai Kung District, Limited;(h) The Federation of Fishermen's Co-operative
Societies of Southern District, Limited.
(2) The Aberdeen Fishermen Friendship Association.(3) The Ap Lei Chau Fishermen's Credit Co-operative Society,
Unlimited.(4) The Castle Peak Fishermen's Credit Co-operative Society,
Unlimited.(5) The Castle Peak Mechanized Trawler Fishermen's Credit
Co-operative Society, Unlimited.(6) Cheung Chau Fisheries Joint Association.(7) Cheung Chau Fishermen's Welfare Promotion Association.(8) The Fanling Kwun Ti Village Farmers' Irrigation Co-
operative Society, Ltd.(9) Fish Farming and Stuff Association.(10) Fisherman's Association of Po Toi Island.(11) Fishery Development Association (Hong Kong) Limited.(12) Fraternal Association of The Floating Population of Hong
Kong.(13) The Guild of Graziers.(14) Hang Hau Grazier Association.(15) Hong Kong and Kowloon Fishermen Association Ltd.(16) Hong Kong & Kowloon Floating Fishermen Welfare
58
Promotion Association.(17) The Hong Kong Fisheries Development Association.(18) Hong Kong Fishermen's Association.(19) Hong Kong Fishing Vessel Owners Association, Ltd.(20) Hong Kong Florists Association.(21) Hong Kong Graziers Union.(22) The Hong Kong Liner & Gillnetting Fisherman
Association.(23) Hong Kong Livestock Industry Association.(24) Hong Kong N.T. Fish Culture Association.(25) Hong Kong N.T. Poultry - Culture (Geese & Ducks) Mutual
Association.(26) Hong Kong Netting, Cultivation and Fisherman
Association.(27) Hong Kong New Territories Boat People Association.(28) Hong Kong Off-shore Fishermen's Association.(29) Hong Kong Pigfarm Association Limited.(30) The Lam Ti Agricultural Credit Co-operative Society,
Limited.(31) Lamma Island Lo Dik Wan Aquaculture Association.(32) The Lamma Island (North) Villagers' Thrift and Loan Co-
operative Society Limited.(33) Lau Fau Shan Oyster Industry Association, New Territories.(34) Ma Wan Fisheries Rights Association Ltd.(35) The Mui Wo Agricultural Products Marketing & Credit Co-
operative Society, Ltd.(36) Mui Wo Fishermen Fraternity Society.(37) N.T. Oyster and Aquatic Products United Association.(38) The New Territories Chicken Breeders Association, Ltd.(39) The New Territories Fishermen Fraternity Association Ltd.(40) New Territories Florist Association, Ltd.(41) North District Florists Association.(42) Outlying Islands Mariculture Association (Cheung Chau).(43) Peng Chau Fishermen Association Ltd.(44) Quality Broiler Development Association.(45) The Sai Kung Agricultural Products Marketing & Credit
Co-operative Society, Ltd.(46) Sai Kung Fishermen Association Limited.(47) Sai Kung (North) Sham Wan Marine Fish Culture Business
Association.(48) Sai Kung Po Toi O Fish Culture Business Association.(49) Sai Kung Tai Tau Chau Fish Culture Business Association.(50) Sai Kung Tai Wu Kok Fishermen's Association.(51) Sha Tau Kok Marine Fish Culture Association.(52) The Sha Tau Kok Small Long Liner and Gill Net
(56) The Shau Kei Wan Deep Sea Capture Fishermen's Credit Co-operative Society, Unlimited.
(57) Shau Kei Wan Fishermen Friendship Association.(58) The Shau Kei Wan Pair Trawler Fishermen's Credit Co-
operative Society, Unlimited.(59) The Shau Kei Wan Trawler Fishermen's Credit Co-
operative Society, Unlimited.(60) The Sheung Shui Ngai Yuen Sun Tsuen Pig Raising Co-
operative Society, Ltd.(61) Tai O Fishermen (Coastal Fishery) Association.(62) The Tai O Sha Chai Min Fishermen's Credit Co-operative
Society, Unlimited.(63) The Tai Po Fishermen's Credit Co-operative Society,
Unlimited.(64) Tai Po Florists and Horticulturists Association.(65) The Tai Po Ma Wo Village Pig Raising Co-operative
Society, Ltd.(66) The Tai Po Purse Seiner and Small Long Liner Fishermen's
Credit Co-operative Society, Unlimited.(67) The Tsing Lung Tau Hand Liner Fishermen's Credit Co-
operative Society, Unlimited.(68) The Tsuen Wan Fishermen's Credit Co-operative Society,
Unlimited.(69) The Tsuen Wan Gill Net Fishermen's Credit Co-operative
Society, Unlimited.(70) Tuen Mun Agricultural Association.(71) Tung Lung Chau Mariculture Association.(72) The World Poultry Science Association, Hong Kong
Branch.(73) The Wu Kau Tang Village Agricultural Credit Co-operative
Society, Limited.(74) The Yuen Long Agriculture Productivity Association.(75) Yung Shue Au Marine Fish Culture Business Association.(76) 大嶼山水陸居民聯合會.(77) 青衣水陸居民聯誼會.(78) 荃灣葵青居民聯會（漁民組）.(79) 荃灣葵青漁民會.
3. Insurance functional constituency
Bodies that are insurers authorized or deemed to be authorized under the Insurance Companies Ordinance (Cap 41).
4. Transport functional constituency
(1) Adams Parking (International) Limited.(2) Airport Authority Hong Kong.(3) Airport Ferry Services Ltd.(4) Articulated & Commercial Vehicle's Instructors Union.(5) The Association of N.T. Radio Taxicabs Ltd.
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(6) Autotoll Limited.(7) Chartered Institute of Transport in Hong Kong.(8) China Merchants Shipping & Enterprises Co. Ltd.(9) China Tollways Ltd.(10) Chu Kong Shipping Enterprises (Holdings) Co. Ltd.(11) Chuen Kee Ferry Ltd.(12) Chuen Lee Radio Taxis Association Ltd.(13) Citybus Ltd.(14) Coral Sea Ferry Service Co., Ltd.(15) COSCO-HIT Terminals (Hong Kong) Limited.(16) CTOD Association Company Ltd.(17) CTS - Parkview Ferry Services Ltd.(18) Discovery Bay Transportation Services Ltd.(19) Driving Instructors Merchant Association Ltd.(20) Eastern Ferry Co.(21) Expert Fortune Ltd.(22) Far East Hydrofoil Co. Ltd.(23) Fat Kee Stevedores Ltd.(24) The Fraternity Association of N.T. Taxi Merchants.(25) Fraternity Taxi Owners Association.(26) G.M.B. Maxicab Operators General Association Ltd.(27) The Goods Vehicle Fleet Owners Association Ltd.(28) Happy Taxi Operator's Association Ltd.(29) HKS Parking Limited.(30) Hoi Kong Container Services Co. Ltd.(31) Holiday Resorts (Hong Kong) Ltd.(32) Hon Wah Public Light Bus Association Ltd.(33) Hong Kong Air Cargo Terminals Limited.(34) Hong Kong & Kowloon Ferry Ltd.(35) Hong Kong & Kowloon Goods Vehicle Omnibuses and
Minibuses Instructors' Association Ltd.(36) Hong Kong & Kowloon Motor Boats and Tug Boats
Association Ltd.(37) Hong Kong & Kowloon Radio Car Owners Association Ltd.(38) Hong Kong and Kowloon Rich Radio Car Service Centre
Association Ltd.(39) Hong Kong & Kowloon Taxi Companies Association Ltd.(40) Hong Kong Association of Freight Forwarding Agents Ltd.(41) Hong Kong Automobile Association.(42) The Hong Kong Cargo-Vessel Traders' Association Ltd.(43) Hong Kong Commercial Vehicle Driving Instructors
Association Ltd.(44) Hong Kong Container Freight Station Association Limited.(45) Hong Kong Container Tractor Owner Association Ltd.(46) Hong Kong Driving Instruction Club Ltd.(47) Hong Kong Guangdong Transportation Association Ltd.(48) The Hong Kong Institute of Marine Technology.(49) Hong Kong, Kowloon & NT Public & Maxicab Light Bus
Merchants' United Association.(50) Hong Kong Kowloon Taxi & Lorry Owners Association Ltd.
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(51) The Hong Kong Liner Shipping Association.(52) Hong Kong Marine Contractors Association.(53) Hong Kong Motor Car Driving Instructors Association Ltd.(54) Hong Kong Pilots Association Ltd.(55) Hong Kong Public & Maxicab Light Bus United Associations.(56) Hong Kong Public Cargo Working Areas Traders Association
Ltd.(57) Hong Kong Scheduled (GMB) Licensee Association.(58) The Hong Kong School of Motoring Ltd.(59) The Hong Kong Sea Transport Association Ltd.(60) The Hong Kong Shipowners Association Ltd.(61) Hong Kong Shipping Circles Association Ltd.(62) Hong Kong Shipping Industry Institute.(63) Hong Kong Shipping Staff Association.(64) Hong Kong Society of Articulated Vehicle Driving Instructors
Ltd.(65) The Hong Kong Stevedores Employers' Association.(66) Hong Kong Tele-call Taxi Association.(67) Hong Kong Tramways Ltd.(68) Hong Kong Transportation Warehouse Wharf Club.(69) Hong Kong Tunnels and Highways Management Company
Limited.(70) The Hongkong & Yaumati Ferry Co., Ltd.(71) Hongkong International Terminals Ltd.(72) Hop Shing Kung Ferry Co., Ltd.(73) Institute of Advanced Motorists Hong Kong.(74) The Institute of Seatransport.(75) Institute of Transport Administration (China - Hong Kong
Centre).(76) Kowloon Fung Wong Public Light Bus Merchants & Workers'
Association Ltd.(77) Kowloon Motor Bus Company (1933) Ltd.(78) Kowloon Motor Driving Instructors' Association Ltd.(79) The Kowloon PLB Chiu Chow Traders & Workers Friendly
Association.(80) The Kowloon Taxi Owners Association Ltd.(81) Kowloon Truck Merchants Association Ltd.(82) Kowloon-Canton Railway Corporation.(83) Kwik Park Limited.(84) Lam Tin Wai Hoi Public Light Bus Merchants Association
Ltd.(85) Lantau Taxi Association.(86) Lei Yue Mun Ko Chiu Road Public Light Bus Merchants
Association Ltd.(87) Lok Ma Chau China - Hong Kong Freight Association.(88) Long Win Bus Company Limited.(89) Lung Cheung Public Light Bus Welfare Advancement
(92) Maritime Affairs Research Association Ltd.(93) Mass Transit Railway Corporation.(94) Merchant Navy Officers' Guild - Hong Kong.(95) Metropark Limited.(96) Mid-stream Holdings (HK) Limited.(97) Mixer Truck Drivers Association.(98) Modern Terminals Ltd.(99) N.T. PLB Owners Association.(100) N.T. San Tin PLB (17) Owners Association.(101) N.T. Taxi Merchants Association Ltd.(102) N.T. Taxi Owners & Drivers Fraternal Association.(103) N.T. Taxi Radio Service General Association.(104) N.W. Area Taxi Drivers & Operators Association.(105) New Hong Kong Tunnel Co., Ltd.(106) New Lantao Bus Co., (1973) Ltd.(107) New Territories Cargo Transport Association Ltd.(108) New World First Bus Services Limited.(109) North District Taxi Merchants Association.(110) Organisation of Hong Kong Drivers.(111) Owners and Drivers Association.(112) Peak Tramways Co., Ltd.(113) Pioneer Concrete Owners Drivers Association.(114) The Polly Ferry Co., Ltd.(115) Private Hire Car for Young Children Association Ltd.(116) Public and Private Light Buses Driving Instructors' Society.(117) The Public Cargo Area Trade Association.(118) Public Light Bus General Association.(119) The Public Omnibus Operators Association Ltd.(120) Public Vehicle Merchants Fraternity Association.(121) Quadripartite Taxi Service Association Ltd.(122) Rambo Taxi Owners Association Ltd.(123) River Trade Terminal Co. Ltd.(124) Route 3 (CPS) Company Limited.(125) Sai Kung PLB Drivers and Owners Association.(126) Sai Kung Taxi Operators Association Ltd.(127) Salvage Association (Hong Kong Office).(128) Sea-Land Orient Terminals Ltd.(129) Serco Guardian (F.M.) Ltd.(130) Shun Tak Ferries Ltd.(131) The "Star" Ferry Co., Ltd.(132) Sun Hing Taxi Radio Association.(133) T.C. Taxi United Association Ltd.(134) Tang's Taxi Companies Association Ltd.(135) Tate's Cairn Tunnel Co., Ltd.(136) Taxi Associations Federation.(137) Taxi Dealers & Owners Association Ltd.(138) Taxi Drivers & Operators Association Ltd.(139) The Taxi Operators Association Ltd.(140) Taxicom Vehicle Owners Association Ltd.(141) Tsing Ma Management Limited.
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(142) Tsuen Wan PLB Commercial Association Ltd.(143) Tuen Mun PLB Association.(144) Tung Yee Shipbuilding & Repairing Merchants General
Association.(145) United Association of Public Lightbus Hong Kong.(146) United Friendship Taxi Owners & Drivers Association Ltd.(147) United Radio Taxi & Goods Vehicle Association Ltd.(148) Urban Taxi Drivers Association Joint Committee Co. Ltd.(149) Wai Fat Taxi Owners Association Ltd.(150) Wai Yik HK & Kln & NT Taxi Owners Association.(151) West Coast International (Parking) Limited.(152) Western Harbour Tunnel Co. Ltd.(153) Wilson Parking (Hong Kong) Limited.(154) Wing Lee Radio Car Traders Association Ltd.(155) Wing Tai Car Owners & Drivers Association Ltd.(156) Wing Yip Shipping & Transportation Co. Ltd.(157) Wu Gang Shipping Co. Ltd.(158) Xiamen United Enterprises (H.K.) Ltd.(159) Yik Sun Radiocabs Operators Association Ltd.(160) Young Children School Mini-Buses Operators Association
Ltd.(161) Yuen Long Tai Po PLB Merchants Association Ltd.
5. Educationfunctional constituency
(1) Full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in -(a) institutions of higher education funded through the
University Grants Committee;(b) approved post secondary colleges registered under
the Post Secondary Colleges Ordinance (Cap 320);(c) technical colleges established under the Vocational
Training Council Ordinance (Cap 1130);(d) The Hong Kong Academy for Performing Arts;(e) The Open University of Hong Kong.
(2) Members of each of the following bodies -(a) Council of the University of Hong Kong;(b) Council of The Chinese University of Hong Kong;(c) Council of The Hong Kong University of Science
and Technology;(d) Council of the City University of Hong Kong;(e) Council of The Hong Kong Polytechnic University;(f) Council of The Hong Kong Academy for
Performing Arts;(g) Council of The Open University of Hong Kong;(h) Council of the Vocational Training Council;(i) Council of The Hong Kong Institute of Education;(j) Council of the Hong Kong Baptist University;(k) Council of the Lingnan University;(l) Board of Governors of the Hong Kong Shue Yan
College.(3) Registered teachers registered under the Education Ordinance (Cap
279).
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(4) Permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279).
(5) Teachers and principals of schools entirely maintained and controlled by the Government.
(6) Persons whose principal or only employment is that of full-time teaching with the following institutions -(a) technical institutes, industrial training centres and
skills centres established under the Vocational Training Council Ordinance (Cap 1130);
(b) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317);
(c) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318);
(d) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped;
(e) Caritas Lok Mo Vocational Training Centre of the Caritas-Hong Kong under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092).
(7) Registered managers of schools registered under the Education Ordinance (Cap 279).
6. Legal functional constituency
(1) Members of The Law Society of Hong Kong entitled to vote at general meetings of the Society.
(2) Members of the Hong Kong Bar Association entitled to vote at general meetings of the Association.
(3) Legal officers within the meaning of the Legal Officers Ordinance (Cap 87).
(4) Persons appointed under section 3 of the Legal Aid Ordinance (Cap 91).(5) Persons deemed to be legal officers for the purpose of the Legal Officers
Ordinance (Cap 87) by section 75 (3) of the Bankruptcy Ordinance (Cap 6) or section 3(3) of the Director of Intellectual Property (Establishment) Ordinance (Cap 412).
(6) The Legal Adviser of the Legislative Council Secretariat and his or her assistants who are in the full-time employment of The Legislative Council Commission and are barristers or solicitors as defined in the Legal Practitioners Ordinance (Cap 159).
7. Accountancy functional constituency
Professional accountants registered under the Professional Accountants Ordinance (Cap 50).
8. Medicalfunctional constituency
(1) Medical practitioners registered or deemed to be registered under the Medical Registration Ordinance (Cap 161).
(2) Dentists registered, deemed to be registered or exempt from registration under the Dentists Registration Ordinance (Cap 156).
9. Health services functional constituency
(1) Chiropractors registered under the Chiropractors Registration Ordinance (Cap 428).
(2) Members of the Hong Kong Chiropractors' Association entitled to vote at general meetings of the Association.
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(3) Nurses registered or enrolled or deemed to be registered or enrolled under the Nurses Registration Ordinance (Cap 164).
(4) Midwives registered or deemed to be registered under the Midwives Registration Ordinance (Cap 162).
(5) Pharmacists registered under the Pharmacy and Poisons Ordinance (Cap 138).
(6) Medical laboratory technologists registered under the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. Leg.).
(7) Radiographers registered under the Radiographers (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. Leg.).
(8) Physiotherapists registered under the Physiotherapists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. Leg.) And applicants for provisional registration who are deemed to be registered in respect of the physiotherapists' profession under section 18A of the Supplementary Medical Professions Ordinance (Cap 359).
(9) Occupational therapists registered under the Occupational Therapists (Registration and Disciplinary Procedure) Regulations (Cap 359 sub. Leg.).
(10) Optometrists registered under the Optometrists (Registration and Disciplinary Procedure) Regulation (Cap 359 sub. Leg.).
(11) Dental hygienists enrolled under the Ancillary Dental Workers (Dental Hygienists) Regulations (Cap 156 sub. Leg.).
(12) Audiologists, audiology technicians, chiropodists, dental surgery assistants, dental technicians, dental technologists, dental therapists, dietitians, dispensers, mould laboratory technicians, orthoptists, clinical psychologists, educational psychologists, prosthetists, speech therapists and scientific officers (medical) who are in the service under the Government, or are employed in Hong Kong, at the following institutions -(a) Public hospitals within the meaning of the Hospital
Authority Ordinance (Cap 113); (b) Hospitals registered under the Hospitals, Nursing
Homes and Maternity Homes Registration Ordinance (Cap 165);
(c) Clinics maintained or controlled by the Government or The Chinese University of Hong Kong or by the University of Hong Kong;
(d) services subvented by the Government.
10. Engineering functional constituency
(1) Professional engineers registered under the Engineers Registration Ordinance (Cap 409).
(2) Members of the Hong Kong Institution of Engineers entitled to vote at general meetings of the Institution.
11. Architectural, surveying and planningfunctional constituency
(1) Architects registered under the Architects Registration Ordinance (Cap 408).(2) Members of The Hong Kong Institute of Architects entitled to vote at
general meetings of the Institute.(3) Landscape architects registered under the Landscape Architects Registration
Ordinance (Cap 516).(4) Members of The Hong Kong Institute of Landscape Architects entitled to
vote at general meetings of the Institute.(5) Professional surveyors registered under the Surveyors Registration
Ordinance (Cap 417).(6) Members of The Hong Kong Institute of Surveyors entitled to vote at general
meetings of the Institute.
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(7) Professional planners registered under the Planners Registration Ordinance (Cap 418).
(8) Members of the Hong Kong Institute of Planners entitled to vote at general meetings of the Institute.
12. Labourfunctional constituency
Bodies that are trade unions registered under the Trade Unions Ordinance (Cap 332) of which all the voting members are employees.
13. Social welfare functional constituency
Social workers registered under the Social Workers Registration Ordinance (Cap 505).
14. Real estate and construction functional constituency
(1) Members of The Real Estate Developers Association of Hong Kong entitled to vote at general meetings of the Association.
(2) Members of The Hong Kong Construction Association Limited entitled to vote at general meetings of the Association.
(3) Members of The Hong Kong E&M Contractors’ Association Limited entitled to vote at general meetings of the Association.
15. Tourismfunctional constituency
Bodies that are:(1) travel industry members of the Hong Kong Tourist Association
entitled to vote at general meetings of the Association.(2) members of the Travel Industry Council of Hong Kong entitled to
vote at general meetings of the Council.(3) members of the Board of Airline Representatives in Hong Kong.(4) members of the Hong Kong Hotels Association entitled to vote at
general meetings of the Association.(5) members of the Federation of Hong Kong Hotel Owners entitled to
vote at general meetings of the Federation.
16. Commercial (first) functional constituency
Bodies that are members of The Hong Kong General Chamber of Commerce entitled to vote at general meetings of the Chamber.
17. Commercial (second) functional constituency
Members of The Chinese General Chamber of Commerce entitled to vote at general meetings of the Chamber.
18. Industrial (first) functional constituency
Members of the Federation of Hong Kong Industries entitled to vote at general meetings of the Federation.
19. Industrial (second) functional constituency
Bodies that are members of The Chinese Manufacturers’ Association of Hong Kong entitled to vote at general meetings of the Association.
20. Finance functional constituency
Bodies that are:(1) banks within the meaning of the Banking Ordinance (Cap 155).(2) restricted licence banks within the meaning of the Banking Ordinance
(Cap 155).(3) deposit-taking companies within the meaning of the Banking Ordinance
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(Cap 155).
21. Financial services functional constituency
(1) Exchange participants of the Exchange Company within the meaning of section 2 of the Stock Exchanges Unification Ordinance (Cap 361).
(2) Exchange participants of the Exchange Company within the meaning of section 2 of the Commodities Trading Ordinance (Cap 250).
(3) Members of The Chinese Gold & Silver Exchange Society entitled to vote at general meetings of the Society.
22. Sports, performing arts, culture and publication functional constituency
(1) Statutory bodies and registered bodies (other than schools registered under the Education Ordinance (Cap 279) and bodies formed by such schools) that are members of the sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China.
(2) Sports associations affiliated to the Sports Federation & Olympic Committee of Hong Kong, China but have no statutory bodies or registered bodies as members.
(3) The following district sports associations:(a) Central & Western District Recreation & Sports
Association;(b) Eastern District Recreation & Sports Advancement
Association Ltd;(c) The Federation of Tsuen Wan District Sports &
Recreation Association Ltd;(d) Islands District Sports Association;(e) Kowloon City District Recreation & Sports
Council;(f) Kwai Tsing District Sports Association;(g) Kwun Tong Sports Promotion Association Ltd;(h) Mongkok District Cultural Recreation & Sports
Association Ltd;(i) North District Sports Association;(j) Sai Kung District Sports Association Ltd;(k) Sha Tin Sports Association Ltd;(l) Sham Shui Po Sports Association;(m) Southern District Recreation & Sports Council;(n) Tai Po Sports Association Ltd;(o) Tuen Mun Sports Association Limited;(p) Wanchai District Arts Cultural Recreation & Sports
Association Ltd;(q) Wong Tai Sin District Recreation & Sports
Council;(r) Yaumatei and Tsimshatsui Recreation & Sports
Association Ltd;(s) Yuen Long District Sports Association Ltd.
(4) Bodies listed in a Gazette notice currently in force made under section 3(5) of the Hong Kong Arts Development Council Ordinance (Cap 472) as organizations for the purpose of section 3(4) of that Ordinance.
(5) Statutory bodies and registered bodies, the primary goal of which is the promotion of arts, and to which grants,
68
sponsorship or performance fees have been approved by the Hong Kong Arts Development Council, the Urban Council, the Regional Council, the Provisional Urban Council or the Provisional Regional Council during the relevant period.
(6) The following district arts and culture associations:(a) Central and Western District Association for
Culture and Arts;(b) Eastern District Arts Council;(c) Kowloon City District Arts and Culture Council;(d) Kwai Chung and Tsing Yi District Culture and Arts
Co-ordinating Association Limited;(e) Kwun Tong District Culture & Recreation
Promotion Association Limited;(f) North District Arts Advancement Association
Limited;(g) Saikung Cultural & Recreation Advancement
Association;(h) Sha Tin Arts Association Limited;(i) Shamshuipo Arts Association;(j) Southern District Arts and Culture Association
Limited;(k) Tai Po District Arts Advancement Association;(l) Tsuen Wan Culture & Recreation Co-ordinating
Association Limited;(m) Tuen Mun Arts Promotion Association;(n) Wong Tai Sin District Arts Council;(o) Yau Ma Tei and Tsim Sha Tsui Culture and Arts
Association Limited;(p) Yuen Long District Arts Committee.
(7)Members of each of the following bodies entitled to vote at general meetings of the body -
(a) Educational Booksellers' Association, Limited; (b) The Anglo-Chinese Textbook Publishers
Organisation Limited;(c) The Hong Kong Educational Publishers
Association Limited; (d) The Hong Kong Publishers and Distributors
Association; (e) Hong Kong Book & Magazine Trade Association
Limited; (f) Hongkong Book and Stationery Industry
Association Company Limited.(8) Members of the Hong Kong Publishing Federation
Limited (other than those referred to in paragraph (7)) entitled to vote at general meetings of the Federation.
(9) Members of each of the following bodies entitled to vote at general meetings of the body -(a) HK, Kln & NT Motion Picture Industry
Association Ltd;(b) Hong Kong Film Awards Association Ltd;
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(c) International Federation of the Phonographic Industry (Hong Kong Group) Limited;
(d) Movie Producers and Distributors Association of Hong Kong Ltd;
(e) Music Publishers Association of Hong Kong Ltd;(f) Hong Kong Theatres Association Ltd.
(10) Corporate proprietors, the principal business of which is publication, registered under the Registration of Local Newspapers Ordinance (Cap 268).
(11) Corporate proprietors of newspaper distributors licensed under the Newspapers Registration and Distribution Regulations (Cap 268 sub. leg.).
(12) All Stars Sports Association Ltd.(13) The Amateur Lyric Writers' Association of Hong Kong.(14) Artiste Training Alumni Association Limited.(15) Asia Television Limited.(16) Composers and Authors Society of Hong Kong Limited.(17) Friends of the Art Museum, The Chinese University of Hong
Kong Limited.(18) The Friends of the Hong Kong Museum of Art.(19) Galaxy Satellite Broadcasting Limited.(20) HK Film Directors' Guild Ltd.(21) Hong Kong Anthropological Society.(22) Hong Kong Archaeological Society.(23) Hong Kong Cable Television Limited.(24) The Hong Kong Children's Choir.(25) Hong Kong Chinese Orchestra.(26) Hong Kong Chinese Press Association.(27) Hong Kong Cinema and Theatrical Enterprise Association Ltd.(28) Hong Kong Cinematography and Television Lighting
Association Limited.(29) Hong Kong Commercial Broadcasting Company Limited.(30) Hong Kong Curators Association.(31) Hong Kong Dance Company.(32) Hong Kong Federation of Journalists Ltd.(33) Hong Kong Festival Fringe Ltd.(34) Hong Kong Film Academy.(35) Hong Kong Film Arts Association Limited.(36) Hong Kong Golf Association.(37) Hong Kong History Society.(38) Hong Kong Intellectual Property Society.(39) Hong Kong Journalists Association.(40) The Hong Kong Life Saving Society.(41) The Hong Kong Mass Media Professionals Association Ltd.(42) Hong Kong Museum of Medical Sciences Society.(43) Hong Kong News Executives' Association Ltd.(44) Hong Kong PEN (English) Centre.(45) Hong Kong Performing Artistes Guild Ltd.(46) Hong Kong Philharmonic Orchestra.(47) Hong Kong Press Photographers Association.
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(48) Hong Kong Recreation Management Association.(49) Hong Kong Repertory Theatre.(50) Hong Kong Screen Writers' Guild Ltd.(51) Hong Kong Sports Association of the Deaf.(52) Hong Kong Sports Press Association Ltd.(53) Hong Kong Stuntman Association Ltd.(54) Hong Kong Tai Chi Association.(55) Hong Kong Telecom VOD Limited.(56) Hong Kong United Arts Entertainment Co. Ltd.(57) Hutchvision Hong Kong Limited.(58) Metro Broadcast Corporation Limited.(59) Min Chiu Society.(60) Motion Picture Production Executives (Hong Kong)
Association.(61) New Territories Regional Sports Association.(62) The Newspaper Society of Hong Kong.(63) Pop-Music Authors Society of Hong Kong.(64) Royal Asiatic Society Hong Kong Branch.(65) Sail Training Association of Hong Kong Ltd.(66) Society of Cinematographers (Hong Kong) Limited.(67) Society of Film Editors (HK) Ltd.(68) South China Film Industry Workers Union.(69) South China Research Circle.(70) Swimming Teacher's Association Hong Kong.(71) Television Broadcasts Limited.(72) Videotage.(73) Zuni Icosahedron.
23. Import and export functional constituency
(1) Companies licensed under the Dutiable Commodities Ordinance (Cap 109) for the import or export, or import and export, of dutiable commodities.
(2) Companies registered under the Motor Vehicles (First Registration Tax) Ordinance (Cap 330) for the import of motor vehicles for use in Hong Kong.
(3) Companies licensed under the Control of Chemicals Ordinance (Cap 145) for the import or export, or import and export, of controlled chemicals.
(4) Companies licensed under the Import and Export Ordinance (Cap 60) for the import or export, or import and export, of outboard engines and left hand drive vehicles and for the export of prescribed articles.
(5) Members of each of the following bodies entitled to vote at general meetings of the body -(a) Association of Hong Kong Photographic
Equipment Importers Ltd.;(b) Diamond Importers Association Ltd.; (c) Hong Kong & Kowloon Steel and Metal Importers
and Exporters Association Ltd.;(d) Hong Kong Chinese Importers' & Exporters'
Association;
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(e) Hong Kong Exporters' Association; (f) Hong Kong Fresh Fruits Importers Association
Ltd.; (g) Hong Kong General Association of Edible Oil
Importers & Exporters Ltd.; (h) Hong Kong Maize and Feed Importers Association
Ltd.; (i) Hongkong Rice Importers & Exporters
Association; (j) Hongkong Watch Importers' Association; (k) The Liquor & Provision Industries Association; (l) Hong Kong & Kowloon Light Industrial Products
Importers & Exporters Association Limited; (m) Nanyang Importers and Exporters Association; (n) Hong Kong Industrial Production Trading
Association Limited; (o) Industrial Chemical Merchants' Association
Limited; (p) The South China Paper Merchants Association;(q) Wah On Exporters & Importers Association; (r) Hong Kong Shippers' Council; (s) Shippers' Association of Hong Kong.
24. Textiles and garment functionalconstituency
(1) Corporate members of the Textile Council of Hong Kong Limited (other than those referred to in paragraph (2)(a) to (l)) entitled to vote at general meetings of the council.
(2) Corporate members of each of the following bodies entitled to vote at general meetings of the body -(a) Federation of Hong Kong Cotton Weavers;(b) Federation of Hong Kong Garment Manufacturers;(c) Hong Kong Chinese Textile Mills Association;(d) Hong Kong Cotton Made-up Goods Manufacturers
Association Ltd.;(e) Hong Kong Cotton Spinners Association;(f) Hong Kong Garment Manufacturers Association
Ltd.;(g) Hong Kong Knitwear Exporters & Manufacturers
Association Ltd.;(h) Hong Kong Woollen & Synthetic Knitting
Manufacturers’ Association, Ltd.;(i) Hong Kong Association of Textile Bleachers,
Dyers, Printers & Finishers Ltd.;(j) Hong Kong Weaving Mills Association;(k) Hongkong Wool & Synthetic Spinners Association
Ltd.;(l) The Hong Kong General Chamber of Textiles
Limited.(3)Members of Hong Kong Institution of Textile and Apparel
entitled to vote at general meetings of the Institution.
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(4) Textiles & Clothing manufacturers registered under the Factory Registration of the Trade Department for the purpose of applying for the certificate of Hong Kong origin.
(5) Textiles traders who are registered by the Director-General of Trade as Textiles Traders pursuant to regulation 5A of the Import and Export (General) Regulations (Cap 60 sub. leg.) and have been so registered for a period of 12 months immediately before making the application for registration as an elector and are carrying on business of -(a) importing textiles from any country or place;(b) exporting textiles that are not entitled to a
certificate of Hong Kong origin to any country or place; or
(c) exporting textiles that are entitled to a certificate of Hong Kong origin to a country or place with which Hong Kong does not have a bilateral textiles agreement to control exports of textiles from Hong Kong to the country or place.
25. Wholesale andretail functional constituency
Members of each of the following bodies entitled to vote at general meetings of the body -(1) The Anglo-Chinese Vegetable Wholesale Merchants
Association Limited;(2) The Association of Retailers and Tourism Services;(3) Cheung Sha Wan Poultry United Wholesalers Association
Ltd.;(4) Chinese Medicine Merchants Association Ltd.;(5) Chinese Merchants Association;(6) Chinese Paper Merchants Association;(7) The Cosmetic & Perfumery Association of Hong Kong Ltd.;(8) Eastern District Fresh Fish Merchants' Society;(9) Federation of Hong Kong, Kowloon and New Territories
Hawkers Associations;(10) The Federation of Hong Kong Watch Trades and Industries
Ltd.;(11) HK Vegetable Wholesaler Community;(12) Hong Kong and Kowloon Bamboo Goods Merchants
Association Limited;(13) Hong Kong and Kowloon Electrical Appliances Merchants
Association Ltd.;(14) Hong Kong & Kowloon Electro-Plating Trade Merchants
Association Ltd.;(15) Hong Kong & Kowloon European Dress Merchants
Association;(16) Hong Kong & Kowloon Fresh Water Fish Merchants' &
Buyers' Association Limited;(17) Hong Kong & Kowloon Fruit & Vegetable Employees &
Employers Guild;(18) Hong Kong & Kowloon Furniture & Shop Fittings Merchants
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Association;(19) Hong Kong & Kowloon General Association of Liquor
Dealers and Distillers;(20) Hong Kong & Kowloon Machine Made Paper Merchants
Association Ltd.;(21) Hong Kong and Kowloon Machinery and Instrument
Merchants Association Ltd.;(22) Hong Kong & Kowloon Marine Products Merchants
Association Ltd.;(23) Hong Kong & Kowloon Plastic Products Merchants United
Association Limited;(24) Hong Kong & Kowloon Poultry Dealers Guild;(25) The Hong Kong & Kowloon Provisions, Wine & Spirit
Dealers' Association;(26) Hong Kong & Kowloon Rattan Ware Merchants Association
(Wing-Hing-Tong);(27) The Hong Kong and Kowloon Rice Retailers' General
Association Ltd.;(28) Hong Kong and Kowloon Salt Merchants' Association;(29) Hong Kong & Kowloon Sauce & Preserved-Fruit
Amalgamated Employers Association;(30) Hong Kong & Kowloon Tea Trade Merchants Association
Ltd.;(31) Hong Kong & Kowloon Timber Merchants Association;(32) Hong Kong & Kowloon Vegetable Transportation Fraternity
Association;(33) Hong Kong & Kowloon Vermicelli & Noodle Manufacturing
Industry Merchants' General Association;(34) Hong Kong Art Craft Merchants Association, Ltd.;(35) Hong Kong Dried Seafood and Grocery Merchants
Association Limited;(36) Hong Kong Dyestuffs Merchants Association Limited;(37) Hong Kong Egg Merchants Association (Fung-Kwai-Tong);(38) Hong Kong Embroidery Merchants Association Limited;(39) Hong Kong Flour Merchants' Association;(40) Hong Kong Flower Dealers & Workers Association;(41) Hong Kong Flower Retailers Association;(42) The Hong Kong Food Trades Association Limited;(43) Hong Kong Fresh Fish Merchants Association;(44) Hong Kong Fur Federation;(45) Hong Kong Furniture & Decoration Trade Association
Limited;(46) Hong Kong General Chamber of Pharmacy Limited;(47) Hong Kong Glass and Mirror Merchants and Manufacturers
Association Company Limited;(48) Hong Kong Jewellers' & Goldsmiths' Association Limited;(49) Hong Kong Leather Shoe And Shoe Material Merchants
Association Ltd.;(50) Hong Kong Live Pig Trade Merchants' Association;(51) The Hong Kong Medicine Dealers' Guild.
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(52) Hong Kong Metal Merchants Association;(53) The Hong Kong Oil Merchants Association Ltd.;(54) Hong Kong Paints & Pigments Merchants Association Ltd.;(55) Hong Kong Petroleum, Chemicals and Pharmaceutical
Materials Merchants Association Ltd.;(56) The Hong Kong Photo Marketing Association Limited;(57) Hong Kong Piece Goods Merchants' Association;(58) Hong Kong Plastic Material Suppliers Association Ltd.;(59) Hong Kong Plumbing and Sanitary Ware Trade Association
Ltd.;(60) Hong Kong Provision & Grocery General Commercial
Chamber;(61) Hong Kong Rattan Merchants Association;(62) Hong Kong Record Merchants Association Ltd.;(63) Hong Kong Registered Rice Wholesalers Association Limited;(64) Hong Kong Retail Management Association Ltd.;(65) Hong Kong Silk Piece-Goods Merchants' Association;(66) Hong Kong Stamp and Coin Dealers Association Ltd.;(67) Hong Kong Sugar Merchants' Association;(68) The Hong Kong Video Industry Association Ltd.;(69) Hong Kong Yee Yee Tong Chinese Medicine Merchants
Association Ltd.;(70) The Hongkong & Kowloon General Merchandise Merchants'
Association;(71) Hongkong Diamond Bourse Limited;(72) Hongkong Kowloon New Territories & Overseas Fish
Wholesalers Association Limited;(73) Industrial Chemical Merchants' Association Ltd.;(74) The Kowloon Cheung Sha Wan Wholesale Vegetable Market
(Importers) Recreation Club;(75) Kowloon Fresh Fish Merchants Association;(76) Kowloon Fresh Meat Retailers' Association Ltd.;(77) The Kowloon Pearls, Precious Stones, Jade, Gold & Silver
Ornament Merchants Association;(78) Kowloon Pig Laan Merchants Association;(79) Kowloon Poultry Laan Merchants Association;(80) The Merchants Association of First Wholesalers/Jobbery of
Imported Fresh Fruits & vegetables Limited;(81) The Mongkok Vegetable Wholesale Merchants Association
Company Ltd.;(82) The Motor Traders Association of Hong Kong;(83) Nam Pak Hong Association;(84) New Territories Poultry Wholesalers Association;(85) Po Sau Tong Ginseng & Antler Association Hong Kong Ltd.;(86) The Rice Merchants' Association of Hong Kong Limited;(87) Shau Kei Wan Fishery Merchants Association;(88) Tobacco Institute of Hong Kong Ltd.;(89) Umbrella Dealers Association, Hong Kong and Kowloon;(90) Victoria Cottonyard and Piecegoods Merchants Association
Ltd.;
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(91) Yuet Sum Kong Vegetable Association (Hong Kong) Co.
26. Information technology functional constituency
(1) Fellows and Full Members of the Hong Kong Computer Society entitled to vote at general meetings of the Society.
(2) Fellows, Members and Graduate Members of Information Technology Division of the Hong Kong Institution of Engineers who are entitled to vote at general meetings of the Division.
(3) Professional Members of the Association for Computing Machinery, Hong Kong Chapter entitled to vote at general meetings of the Association.
(4) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Computer Chapter entitled to vote at general meetings of the Institute.
(5) Fellows, Senior Members and Full Members of the Institute of Electrical and Electronics Engineers, Inc., Hong Kong Section, Hong Kong Joint Chapter on Circuits and Systems/Communications entitled to vote at general meetings of the Institute.
(6) Fellows and Corporate Members of the Institution of Electrical Engineers (Hong Kong) entitled to vote at general meetings of the Institution.
(7) Fellows, Members and Associate Members of the British Computer Society (Hong Kong Section) entitled to vote at general meetings of the Society.
(8) Fellows, Senior Professional Members and Professional Members of the Hong Kong Association for Computer Education Ltd. entitled to vote at general meetings of the Association.
(9) Full Members (Information Technology) of the Hong Kong Society of Medical Informatics Ltd. entitled to vote at general meetings of the Society.
(10) Ordinary Members of the Hong Kong Telemedicine Association entitled to vote at general meetings of the Association.
(11) Corporate members of each of the following bodies entitled to vote at general meetings of the body -(a) Hong Kong Information Technology Federation
Ltd.;(b) Hong Kong Internet Service Providers Association; (c) Hong Kong Radio Paging Association Ltd.; (d) Telecom Association of Hong Kong.
(12) Bodies that are holders of the following classes of licences granted by the Telecommunications Authority under the Telecommunication Ordinance (Cap 106) -
(b) Public Non-exclusive Telecommunications Service
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licences; (c) Public Radiocommunication Service licences; (d) Satellite Master Antenna Television licences; (e) Broadcast Relay Station licences; (f) Broadcast Radio Relay Station licences.
(13) APT Satellite Co. Ltd.(14) Asia Satellite Telecommunications Company Limited.(15) Chubb (Hong Kong) Limited.
27. Catering functional constituency
(1) Holders of food business licenses under the Public Health and Municipal Services Ordinance (Cap 132).
(2) The Association for the Hong Kong Catering Services Management Limited.
(3) The Association of Restaurant Managers Limited.(4) Federation of Hong Kong Restaurant Owners Limited.(5) Hong Kong Catering Industry Association Limited.(6) The Hong Kong Restaurant and Eating House Merchants General
Association.(7) The Kowloon Restaurant and Eating House Merchants General
Association.
28. District Council functional constituency
Members of the District Councils established under the District Councils Ordinance (Cap 547).
Note : In item 22 of this Appendix -(a)“registered bodies” (註冊團體 ) means bodies which are registered or exempt from
registration under, or incorporated by, any laws of Hong Kong.(b)“relevant period” (有關期間), in relation to a registered body, means the period from 1
April 1994 to the date on which the registered body applies for registration as an elector of the sports, performing arts, culture and publication functional constituency.
(c)“statutory body” (法定團體 ) means a body established or constituted by or under the authority of an Ordinance.
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Appendix B to Chapter 1
The Election Committee, Its Sectors and Subsectors,and the Subsector Voters
FIRST SECTOR
Item Subsector Number of members
1. Catering 112. Commercial (first) 123. Commercial (second) 124. Employers’ Federation of Hong Kong 115. Finance 126. Financial services 127. Hong Kong Chinese Enterprises Association 118. Hotel 119. Import and export 12
10. Industrial (first) 1211. Industrial (second) 1212. Insurance 1213. Real estate and construction 1214. Textiles and garment 1215. Tourism 1216. Transport 1217. Wholesale and retail 12
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SECOND SECTOR
Item Subsector Number of members
1. Accountancy 202. Architectural, surveying and planning 203. Chinese medicine 204. Education 205. Engineering 206. Health services 207. Higher education 208. Information technology 209. Legal 20
10. Medical 20
THIRD SECTOR
Item Subsector Number of members
1. Agriculture and fisheries 402. Labour 403. Religious 404. Social welfare 405. Sports, performing arts, culture and publication 40
FOURTH SECTOR
Item Subsector Number of members
1. National People’s Congress 362. Legislative Council 603. Chinese People’s Political Consultative Conference 414. Heung Yee Kuk 215. Hong Kong and Kowloon District Councils 216. New Territories District Councils 21
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COMPOSITION OF SUBSECTORS WITHOUT AN EQUIVALENT FUNCTIONAL CONSTITUENCY
Item Subsector Constituents
1. National People’s Congress (“NPC”)
Hong Kong deputies to the NPC.
2. Legislative Council (“LC”) Members of the LC.
3. Religious Persons nominated by-(1) Catholic Diocese of Hong Kong;(2) Chinese Muslim Cultural and Fraternal
Association;(3) Hong Kong Christian Council;(4) The Hong Kong Taoist Association(5) The Confucian Academy;(6) The Hong Kong Buddhist Association.
.4. Hong Kong Chinese
Enterprises AssociationMembers of the Hong Kong Chinese Enterprises Association entitled to vote at general meetings of the Association.
5. Tourism (1) Travel industry members of the Hong Kong Tourist Association entitled to vote at general meetings of the Association.
(2) Members of the Travel Industry Council of Hong Kong entitled to vote at general meetings of the Council.
(3) Members of the Board of Airline Representatives in Hong Kong.
6. Hotel (1) Members of the Hong Kong Hotels Association entitled to vote at general meetings of the Association.
(2) Members of the Federation of Hong Kong Hotels Owners entitled to vote at general meetings of the Federation.
7. Chinese medicine Members of -(1) The Hong Kong Association of
Traditional Chinese Medicine Limited;
(2) The International General Chinese Herbalists and Medicine Professional Association Limited;
(3) Sin-Hua Herbalists’ and Herb Dealers’ Promotion Society Limited;
(4) The Society of Practitioners of
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Chinese Herbal Medicine Limited;(5) The Hong Kong Traditional Chinese
Medicine Orthopaedic and Traumatic Association Limited;
(6) The Hong Kong Federation of China of Traditional Chinese Medicine;
(7) The Hong Kong Acupuncturists Association;
(8) The Hong Kong Chinese Herbalists Association Limited;
(9) The Association of Hong Kong and Kowloon Practitioners of Chinese Medicine Limited;
(10) The Hong Kong Chinese Overseas Physician Association,
who are Chinese medicine practitioners entitled to vote at the general meetings of the respective bodies.
8. Higher education (1) Full-time academic staff engaged in teaching or research and administrative staff of equivalent rank in -(a) institutions of higher education
funded through the University Grants Committee;
(b) approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320);
(c) technical colleges established under the Vocational Training Council Ordinance (Cap 1130);
(d) The Hong Kong Academy for Performing Arts;
(e) The Open University of Hong Kong.(2) Members of -
(a) the Council of the University of Hong Kong;
(b) the Council of The Chinese University of Hong Kong;
(c) the Council of The Hong Kong University of Science and Technology;
(d) the Council of the City University of Hong Kong;
(e) the Council of The Hong Kong Polytechnic University;
(f) the Council of The Hong Kong Academy for Performing Arts;
(g) the Council of The Open University of Hong Kong;
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(h) the Council of the Vocational Training Council;
(i) the Council of The Hong Kong Institute of Education;
(j) the Council of the Hong Kong Baptist University;
(k) the Council of the Lingnan University;
(l) the Board of Governors of the Hong Kong Shue Yan College.
9. Education (1) Registered teachers registered under the Education Ordinance (Cap 279).
(2) Permitted teachers engaged in full-time employment in schools registered or provisionally registered under the Education Ordinance (Cap 279).
(3) Teachers and principals of schools entirely maintained and controlled by the Government.
(4) Persons whose principal or only employment is that of full-time teaching with the following bodies -(a) technical institutes, industrial
training centres and skills centres established under the Vocational Training Council Ordinance (Cap 1130);
(b) industrial training centres established under the Industrial Training (Construction Industry) Ordinance (Cap 317);
(c) industrial training centres established under the Industrial Training (Clothing Industry) Ordinance (Cap 318);
(d) Pinehill Village Advanced Training Centre of the Hong Kong Association for the Mentally Handicapped;
(e) Caritas Lok Mo Vocational Training Centre of the Caritas-Hong Kong under the Caritas-Hong Kong Incorporation Ordinance (Cap 1092).
(5) Registered managers of schools registered under the Education Ordinance (Cap 279).
10. Employers’ Federation of Hong Kong
Members of the Employers’ Federation of Hong Kong entitled to vote at general meetings of the Federation.
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11. Chinese People’s PoliticalConsultative Conference(“CPPCC”)
Hong Kong Members of the National Committee of the CPPCC
12. Hong Kong and Kowloon District Councils
Members of the Hong Kong and Kowloon District Councils.
13. New Territories District Councils
Members of the New Territories District Councils.
14. Social Welfare (1) Social workers registerd under the Social Workers Registration Ordinance (Cap 505).
(2) Corporate members of the Hong Kong Council of Social Service entitled to vote at general meetings of the Council.
(3) Exempted societies within the meaning of the Societies Ordinance (Cap 151) that have been operating with paid employees to provide service on a regular basis in accordance oth the following aims for a period of 12 months immediately before making the application for registration as a voter – (a) to promote the co-ordination and
improvement of social service activities; or
(b) to develop resources, such as manpower, funds and data, for social service activities; or
(c) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs,
and which publish their annual reports and audited accounts or certified accounts with regards to annual income and expenditure.
(4) Non-profit making companies registered under the Companies Ordinance (Cap 32) that have been operating with paid employees to provide service on a regular basis in accordance with the following aims for a period of 12 months immediately before making the application for registration as a voter – (a) to promote the co-ordination and
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improvement of social service activities; or
(b) to develop resources, such as manpower, funds and data, for social service activities; or
(c) to promote public understanding of social service needs and the role of the voluntary agencies in meeting those needs,
and which publish their annual reports and audited accounts or certified accounts with regards to annual income and expenditure.
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Appendix C to Chapter 1
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 subsectors
Name of FC Type(Note 1)
Choice of FC
Name ofcorrespondingsubsector(s)
(Note 2)
Choice of“optional
subsectors”,if eligible
(Note 2)Remarks
1. Heung Yee Kuk Individual No Heung Yee Kuk Yes2. Agriculture and
FisheriesBody No Agriculture and
FisheriesYes
3. Insurance Body No Insurance Yes4. Transport Body No Transport Yes5. Accountancy Individual Yes Accountancy Yes6. Architectural,
Surveying and Planning
Individual Yes Architectural, Surveying and Planning
Yes Subject to the choice of “optional subsectors” in Note 2, if eligible for both corresponding subsectors, must be registered in the Higher Education subsector.
Yes Subject to the choice of “optional subsectors” in Note 2, if eligible for both corresponding subsectors, must be registered in the Hotel subsector.
26. Wholesale and Retail
Mixed Yes Wholesale and Retail
Yes
27. Catering Mixed Yes Catering Yes28. District Council Individual Yes (i) Hong Kong
and Kowloon District Councils
(ii) New Territories District Councils
Yes Subject to the choice of “optional subsectors” in Note 2, members of the Hong Kong and Kowloon District Councils must be registered in the Hong Kong and Kowloon District Councils subsector, and members of the New Territories District Councils must be registered in the New Territories District Councils subsector.
(B) EC subsectors for which no election is required (Note 4)
Name of subsector Type(Note 1)
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1. Religious Individual2. National People’s Congress Individual3. Legislative Council Individual
(C) EC subsectors without a corresponding FC
Name of subsector Type(Note 1)
Choice of subsectorslisted in Note 2 Remarks
(Note 3)1. Chinese
MedicineIndividual Yes
2. Chinese People’s Political Consultative Conference
Individual Yes a “listed subsector”
3. Employers’ Federation of Hong Kong
Body Yes a “listed subsector”
4. Hong Kong Chinese Enterprises Association
Mixed Yes a “listed subsector”
5. Social Welfare (the part for corporate bodies only) (Note 5)
Body Yes
Note 1 : (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”);(c) Employers’ Federation of Hong Kong (also a “listed subsector”);(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
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5 subsectors are referred to as “optional subsectors” in Part IV of the Electoral Affairs Commission (Registration) (Electors for Functional Constituencies) (Voters for Subsectors) (Members of Election Committee) (Legislative Council) Regulation (“the Regulation”).
Note 3 : 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 15 of the Regulation to register as many voters out of the small potential electorate of these subsectors as possible.
Note 4: 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 ex-officio members of the EC.
Note 5: 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 items 14(2), (3) or (4) of Appendix B.
Appendix D to Chapter 1
The Combined Polling Arrangements --
Polling Stations for Various Kinds of Electors in the General Election
Legends :
EC ＝ the Election Committee
FC ＝ one of the 24 ordinary functional constituencies
GC ＝ one of the 5 geographical constituencies
SFC ＝ one of the 4 special functional constituencies each with a small
electorate
station ＝ polling station
Explanations :
(1) The general election consists of elections of 5 geographical constituencies
(GCs), 24 ordinary functional constituencies (FCs), 4 special functional
constituencies (SFCs) and the Election Committee (EC).
(2) Each of the 4 SFCs has a small electorate and the voting system applicable to
them is different from that applicable to the other 24 FCs.
(3) An elector can simply be an elector of the GC, but any elector of the 24 FCs,
4 SFCs or the EC is also an elector of one of the 5 GCs.
(4) A person cannot be an elector of more than 1 of the 24 FCs and 4 SFCs.
(5) A person who is an elector of the EC is not entitled to vote for any of the 24
FCs or 4 SFCs even if registered in such FC/SFC (an ex-officio EC member
however is allowed, for the purpose of the general election to be held on 10
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September 2000, to choose to vote in an FC for which he is registered as an
elector instead of the EC according to the procedures laid down in the EAC
(ROE) (FCSEC) Reg)
(6) All GC and EC electors are individuals. However, some of the 24 FCs and 4
SFCs have corporate electors. A corporate elector can only cast its FC vote
by an authorized representative (AR) it has appointed. A person who is an
AR for one FC/SFC cannot be AR for another FC/SFC, but he can be an
elector of another FC/SFC or the EC. Therefore, a person can be an EC
elector and also an AR of an FC/SFC. Similarly, a person can be an FC/SFC
elector and also an AR of another FC/SFC.
(7) An one-stop service is aimed to be provided to all kinds of persons, so that a
person only needs to go to one polling station to cast all the votes which he is
entitled to cast. So, although a polling station(s) is/are designated for a
particular GC or SFC/EC, there will be combined polling for persons who are
also entitled to vote for a constituency other than the one for which the polling
station(s) is/are designated. There will be no polling station designated for
any of the 24 FCs, and their electors and ARs will have to cast their votes in
polling stations designated for GCs or SFCs/EC.
(8) Envelopes are provided to the appropriate electors/ARs (who are given the
convenience of casting their votes other than those for which the polling
station is designated, and the ballot papers issued to them for such other votes
are too few as to be easily identifiable) for the purpose of enabling them to
conceal their vote on the ballot paper before the actual counting of votes. So,
while no envelope will be provided for a GC ballot paper issued by the polling
station designated for that GC, an envelope is provided for each FC ballot
paper which will be issued in a polling station designated for a GC. In polling
stations designated for SFC/EC, an envelope will be provided for each GC or
FC/SFC ballot paper issued, and another envelope will be provided for every
EC ballot paper issued.
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(9) A cardboard will be issued to each person at the same time as he is issued with
one or more ballot paper, in order to ensure that he must insert the ballot
paper(s) issued to him in the ballot boxes before he leaves the polling station.
A white cardboard will be issued to a person with 1 ballot paper, a red
cardboard to a person with 2 ballot papers and a blue cardboard to a person
with 3 ballot papers. The cardboard will have to be handed back by the
person to the polling officer manning the ballot boxes at the time immediately
before that person inserts his ballot papers into the boxes.
(10) There are going to be 3 kinds of ballot boxes overall, and at most 3 kinds in
any polling station :
(a) for a station designated for the local GC - ballot box for the GC (white
in colour), ballot box for the mixed FCs (red in colour); and
(b) for a station designated for the SFC/EC - ballot box for the mixed FCs
and SFCs (red in colour), ballot box for the EC (blue in colour) and
ballot box for the mixed GCs (white in colour).
(11) The polling arrangements, in their entirety, consist of only 10 scenarios. Each
of the scenarios is explained below, and a table containing the 10 scenarios is
also provided for easy reference.
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THE 10 SCENARIOS:
At the local GC polling station :
1. A GC elector who has only his GC vote - at the local GC station - 1 GC
ballot paper for the local GC, without envelope. [The person shall insert his
GC ballot paper into the white box.]
2. An FC elector/AR - at the local GC station - 1 GC ballot paper for the local
GC + 1 FC ballot paper + 1 envelope for the FC ballot paper. [The person
shall insert his GC ballot paper into the white box and his FC ballot paper (in
an envelope) into the red box.]
3. An FC AR who is also an elector of another FC - at the local GC station - 1
GC ballot paper for the local GC + 2 FC ballot papers + 2 envelopes for the 2
FC ballot papers. [The person shall insert his GC ballot paper into the white
box and his 2 FC ballot papers (each in an envelope) into the red box.]
At the SFC/EC polling stations:
4. An SFC elector/AR - at the SFC/EC stations - 1 GC ballot paper for the
appropriate GC + 1 SFC ballot paper + 2 envelopes: 1 for the GC ballot paper
and another for the SFC ballot paper. [The person shall insert his GC ballot
paper (in an envelope) into the white box and his SFC ballot paper (in an
envelope) into the red box.]
5. An SFC AR who is also an elector of an FC - at the SFC/EC stations - 1 GC
ballot paper for the appropriate GC + 1 SFC ballot paper + 1 FC ballot paper
for the appropriate FC + 3 envelopes : 1 for the GC ballot paper, 1 for the
SFC ballot paper and 1 for the FC ballot paper. [The person shall insert his
GC ballot paper (in an envelope) into the white box, and both his SFC ballot
paper (in an envelope) and his FC ballot paper (in an envelope) into the red
box.]
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6. An SFC elector who is also an AR of an FC - the same as in 5.
7. An SFC elector who is also an AR of another SFC - at the SFC/EC stations
- 1 GC ballot paper for the appropriate GC + 1 SFC ballot paper as elector + 1
SFC ballot paper as AR + 3 envelopes : 1 for the GC ballot paper, 1 for the
SFC elector ballot paper and 1 for the SFC AR ballot paper. [The person shall
insert his GC elector ballot paper (in an envelope) into the white box, and his
SFC elector ballot paper (in an envelope) and his SFC AR ballot paper (in an
envelope) into the red box.]
8. An EC elector - at the SFC/EC stations - 1 EC ballot paper + 1 GC ballot
paper for the appropriate GC + 2 envelopes : 1 for the EC ballot paper and 1
for the GC ballot paper. [The person shall insert his EC ballot paper unfolded
(in an envelope) into the blue box and his GC ballot paper (in an envelope)
into the white box.]
9. An EC elector who is also an AR of an FC - at the SFC/EC stations - 1 EC
ballot paper + 1 GC ballot paper for the appropriate GC + 1 FC ballot paper
for the appropriate FC + 3 envelopes : 1 for the EC ballot paper, 1 for the GC
ballot paper and 1 for the FC ballot paper. [The person shall insert his EC
ballot paper unfolded (in an envelope) into the blue box, his GC ballot paper
(in an envelope) into the white box and his FC ballot paper (in an envelope)
into the red box.]
10. An EC elector who is also an AR of an SFC - at the SFC/EC stations - 1 EC
ballot paper + 1 GC ballot paper for the appropriate GC + 1 SFC ballot paper
+ 3 envelopes : 1 for the EC ballot paper, 1 for the GC ballot paper and 1 for
the SFC ballot paper. [The person shall insert his EC ballot paper unfolded
(in an envelope) into the blue box, his GC ballot paper (in an envelope) into
the white box and his SFC ballot paper (in an envelope) into the red box.]
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THE 10 SCENARIOS OF POLLING ARRANGEMENTS
Type of Elector/AR Polling No. of Ballot No. of Envelopes CardboardGC FC SFC EC Station Papers Issued Issued Issued
