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Submission on Formation of the First Legislative Council of the Hong Kong S.A.R. Region

27 March, 1997

Secretariat of the Preparatory Committee
for the Hong Kong Special Administrative Region
1501, 15^th Floor, China Building
29 Queen Road Central
Hong Kong

Dear Sirs,

We are pleased to enclosed our submission on the formation of the First Legislative Council of the Hong Kong Special Administrative Region and would be most happy to discuss these proposals in detail with the relevant panel, or provide any further clarification that might be required.

Yours faithfully,

Patrick Shiu
Chairman

SUMMARY OF RECOMMENDATIONS

1. Ten Direct Election constituencies of two seats each are recommended (1.1)
2. A 10% variance in size should be mainland for the geographical constituencies (1.4).
3. Additional geographical constituencies should be added for the 1999 and 2003 direct elections to the LegCo (1.6).
4. The HKDF recommends the implementation of some system of proportional representation for the direct election constituencies (2.1 - 2.7).
5. Should a multi-seat single vote Direct Election constituency system be introduced it is strongly recommended each constituency be f two seats only (2.8).
6. An independent Boundary commission should be established (3.3).
7. The electoral procedures for the Functional constituencies should be made as democratic as possible (4.2)
8. There should be a common date of registration for voters for Functional Constituencies three months prior to the election date (4.4.1).
9. Membership of a body entitled to be included in the Commercial Functional Constituencies can only be held by an organization (4.4.2).
10. An organization entitled to vote in the Functional Constituencies listed in 4.4.2 must be conducting an active business (4.4.3).
11. Candidates for election to Functional Constituencies must be valid members of a constituent body of the Functional Constituency in which they are standing (4.4.4).
12. Corporate members of a Functional Constituency can only qualify as voters after completing three years of membership (4.4.5). .
13. Individual members of a Functional Constituency can only qualify as voters after completing 7 years aggregate residence (4.4.5).
14. Proxy voting should not allowed for Functional Constituency elections (4.4.6).
15. Only an authorized member of a corporation belonging to a Functional Constituency may cast its vote (4.4.6).
16. An official register of voters for each Functional Constituency must be made available for public inspection before the registration period for candidates begins (4.4.7).
17. All bodies that are members of Functional Constituencies must have their internal electoral regulations approved by the Election Commissioner (4.4.8).
18. Those who are members of FCs as individuals should only be allowed to vote in either the FC or the FE elections, not in both (4.5) and must select their constituency three months prior to the earlier of the two elections (4.5.1).
19. All social workers should be eligible for membership of the Social Services Functional Constituency (4.6).
20. For future elections the Labour FC electorate consist of individual members f the Unions (4.7).
21. Recommendations are made foe the replacement of the 9 Fcs that were added for the 1995 LegCo elections (5.1 - 5.1.10).
22. The freedom to raise funds for political purpose should be a right (6.2).
23. Rules for a licensing system under which Political Parties may raise funds in public are proposed (6.2.1 - 6.2.5).
24. Election expenditure limit of HK$300,000 per candidate for the Direct Election constituencies is recommended (6.3).
25. Government funds as such should not be provided for election purposes, but Government resources should be (6.4).
26. There should be a code of practice under which the right to carry out election activities in both residential buildings and the public areas of retail complexes is legally protected.
27. There should be a 50 yard "buffer." zone round each polling station (7.3).
28. Suitable Government and public buildings should be made available to candidates free of charge for election meetings (7.4).
29. The results of "exit polls" should not be published before the close of polling (8.1).
30. Where applicable, the name of a candidate’s party should be included on the ballot paper (9.1).
31. The independent office of Election Commissioner should be established (10.1).
32. There should be an independent Electoral Board (10.1).
33. Four Terms of Reference are proposed for the Election commissioner (10.3.1 - 10.3.4).
34. The Electoral Board would have a monitoring and not a management function (10.4).
35. All major strands of political opinion should be represented on the Electoral Board and it should include members with expertise relevant to electoral matters (10.4.1).
36. The consolidation of electoral provisions in the various ordinances into one single set of legislation is recommended (12.1).
37. The electoral registration form should be redesigned (13.2.1).
38. Registration forms should be distributed and collected back by home visit instead of by post (13.2.2).
39. There should be no "automatic registration of voters (13.3).
40. There should be no proxy or postal voting for the direct election geographical constituencies (14.1).
41. With regard to the Qualification and Disqualification of voters, the HKDF regards the recommendations made in paragraphs 4.4.2, 4.4.3, 4.4.5 and 4.4.8 as being essential conditions 15.2).
42. Concerning the Qualification and Disqualification of candidates, the HKDF regards the recommendations made in paragraph 4.4.4 an essential condition (16.2).
43. Government should conduct educational programmes on elections (17.1).
44. Strong emphasis should be put onto civic education in schools to help improve future voter turnout (17.2).
45. Recommendations are made as to the composition of an Election Committee to elect 10 members to the LegCo (18.1 - 18.3.1).
46. Candidates for the seats to be elected by the Election Committee can only by EC members (18.4).
47. the voting method adopted by the Election committee should be the STV system (18.5).
48. The formal recognition of Political Parties as part of the Hong Kong system of Government is called for (19.1).
49. Laws and regulations specifically for Political Parties can be developed (19.2).
50. Independent monitors should attend future elections and advise on improvements to the system (20.1).

ELECTORAL PROPOSALS

Introduction

This paper uses as its starting point the electoral arrangements that were in operation for the1991 Legislative Council (LegCo) Elections. The experience of these elections demonstrated that there are a number of areas in our electoral procedures that require improvement and refinement, so as to ensure Hong Kong operates a totally fair electoral system.

In preparing this paper the Hong Kong Democratic Foundation (HKDF) has drawn significantly on the recommendations proposed by the Electoral Reform Society (ERS) of the UK. The HKDF sponsored a visit by the ERS in January 1991, during which they held consultations with a wide and representative cross-section of Hong Kong opinion.

The recommendations we are making also take into account the objective that objective that, over a period of time, the Hong Kong electoral system should evolve into one that is fully democratic.

1. Direct Election Constituencies
   1. We recommend that there be ten Direct Election (DE) constituencies, each consisting of two seats for the first LegCo of the HK SAR.
   2. The 1991 DE constituency size varied from 794,000 for the largest (Island East) to 392,400 for the smallest (NT North), but which each constituency returning two members to the LegCo.
   3. Based on the 9 constituencies at that time, the average constituency size should have been a population of 645,000, but only 2 of these constituencies had populations that were within plus or minus 10% of this average figure. The voters in the largest constituency, which had a population 23.2% above the average, were therefore significantly under-represented and the voters in the smallest constituency, which had a population of 39.2% below the average, were very much over-represented in the LegCo.
   4. A variance of 10% from the average size of constituency seems to be a quite widely held parameter in order countries and the HKDF recommends that this be adopted for the LegCo DE constituencies in future.
   5. As the number of directly elected seats are due to increase to 24 in the 1999 and 30 in the 2003 LegCo elections, further adjustment to the size and number of constituencies will be required.
      
      
2. Voting Method
   1. The HKDF recommends the implementation of some system of proportional representation in the Single Transferable vote (STV) system as used in Ireland, where voters would simply number their ballot paper in order of preference, with their second and subsequent preferences only being counted when their earlier preferred candidates have either been elected or eliminated.
   2. The purpose of STV is to eliminate the inherent unfairness of the "X" vote, of "First-Past-The-Post" (FPTP) system, which enables a candidate to secure election by only needing to gain one more vote than his nearest rival.
   3. The advantage claimed for STV is that it maximizes the voter’s choice while preserving the optimum balance between parties, accountability and proportionality.
   4. Under a two seat constituency system for directly elected candidates to the LegCo, it would be possible to implement the STV system.
   5. The results of the 1991 DE t the LegCo with the United Democrats of Hong Kong securing 67% of the seats with only 45% of the vote and the independent candidates securing only 17% of the seats with 28% of the vote, demonstrates how the FPTP system can distort voter preference in favour of large parties and against the interest f small groups or independent candidates.
   6. Of the 82 popularly elected chambers f legislative assemblies monitored by the Inter-Parliamentary Union 28 use the STV version of proportional representation and 5 use the other of the two most popular proportional representation system, the party list system.
   7. As a second preference the HKDF would be prepared to support the introduction of the "Party List" system of proportional representation voting for the DEs.
   8. Should a voting system of multi-seat single vote constituencies be introduced for the DEs, which the HKDF does not favour at all, we would most strongly recommend that the constituency size be limited to 2 seats, otherwise there is a distinct danger with larger seat constituencies that this evolves into a system of disproportional representation.
      
      
3. Boundary Commission
   1. The experience of the 1991 DEs has shown that the geographical constituency sizes are to large for candidates to adequately cover them. However, this is a direct cause of the small number f directly elected seats available and it will only be when all 60 seats in the LegCo are determined by DE that geographical constituencies can be reduced to manageable sizes.
   2. With the planned increase in directly elected seats to 24 for the second LegCo of the HK SAR and 30 for the third LegCo of the HK SAR, in practical terms it will be necessary to redefine the geographical constituencies to accommodate the additional seats.
   3. A separate independent Boundary Commission should be established to carry out the work of drawing up the boundaries for the 10 DE constituencies recommended for the first LegCo of the HK SAR and for the 12 constituencies and 15 constituencies, operating under rules and procedures proscribed by the LegCo.
      
      
4. Functional Constituencies
   1. Although the HKDF is against the Functional Constituency (FC) system as a matter of principle, we recognize the reality of the situation that these may have to continue for a period of time.
   2. In view of this, it is imperative that these be made as democratic as possible and be subject to a common set of electoral rules and regulations.
   3. Experience during the 1991 FC elections has shown that the most serious drawback of functional representation is the ability under the rules then applicable for the election process to be manipulated in those constituencies where the electorate consists of organizations rather than individuals.
   1. There was manipulation in some FC constituencies whereby internal maneuvering over a period of years by insider cliques had virtually eliminated the necessity to fill governing body vacancies by way of competitive election.
   4. The HKDF agrees with the ERS that it is inconsistent to have detailed regulations for the DEs, but only minimal control of the FC elections. Therefore the obvious course is to bring the two into line as far as possible by establishing a set of regulations applicable to all FCs, which the HKDF recommends should include:
   1. A common closing date of registration of voters, both individual and corporate for all FCs, three months prior to the election date and before the opening of the period of registration of candidates.
   2. Membership of a body entitled to be included in the following FCs can only be held by an organization, holding a valid Business Registration Certificate and not be an individual:
      • Hong Kong General Chamber of Commerce
      • Federation of Hong Kong Industries
      • Chinese Manufacturers Association
      • Chinese General Chamber of Commerce
      • Real Estate & Construction
      • Finance
      • Financial Service
      • Tourism
   3. An organization entitled to vote in the FCs listed in 4.4.2 must be conducing an active business. Evidence of this should be the provision of a Certificate from the Inland Revenue Department that the organization has submitted a Profits Tax return for the most recent complete financial year prior to the election.
   4. The proviso that a candidate for election to an FC must be a valid member of a constituent body, in the case of FCs where membership is through individuals, or the principal or employee of a valid member, where membership is corporate.
   5. For corporate membership FCs, a member can only be registered as a voter after completing a three year, fully paid up qualifying period and where individual membership is concerned, qualification to vote is seven years aggregate residence in Hong Kong.
   6. Proxy and postal voting should not be allowed for the FC elections for the time being, on the same basis as the (HKDF) has recommended against this for the DEs (17.1) and only an authorized member of the organization concerned, where this is a corporation, should be allowed to cast a vote.
   7. An official register of voters, available for public inspection before the registration period for candidates begins.
   8. All bodies that are members of an FC must have their internal regulations for the qualification to vote, nomination of candidates, voting procedures and publication of poll results approved by the Election Commissioner (EC), to ensure a uniform standard.
   5. Those who are members of FCs as individuals should only be allowed to vote in either the FC or the DE elections, not in both.
   1. Such individuals must elect which of the two they will participate in three months before the earlier of the two elections.
   6. Membership of the Social Services Functional Constituency should be open to all social workers, who have been qualified for a minimum two year period.
   7. The HKDF recommends that for future elections for the Labour Functional Constituency individual Trade Union members be enfranchised. This could enable a broader mix of Trade Union opinion to be represented in the LegCo than might be possible if the franchise was left with the Trade Union organizations.
      
      
5. Additional 9 Functional Constituency Seats Introduced in the 1995 LegCo
   1. The HKDF recommends that the replacement for the 9 additional FC seats introduced for the 1995 LegCo be drawn from the following 11 proposed FCs, all of which we believe conform to the following criteria:

      1. FCs should be substantial and of importance in the community
      2. Any new FC should be clearly defined to avoid difficulties over who qualifies for inclusion and how the electorate is prescribed
      3. Constituencies should not be based on ideology, dogma or religion
      4. Particular groups or bodies should not be represented in more than one FC

   1. Additional Teaching FC (for the tertiary education sector)

      The qualification to be an elector for this seat should be full or part time teaching employment in one of the following organization:

      • Hong Kong University
      • Chinese University of Hong Kong
      • Hong Kong University of Science & Technology
      • Hong Kong Baptist College
      • Hong Kong Polytechnic
      • City Polytechnic
      • Open Learning Institute
      • Linguan College
      • Shue Yan College
      • Colleges of Education
      • Grantham College
      • Northcote College
      • Sir Robert Black College
      • Hong Kong Technical Teachers College
      • Institute of Language in Education
      • Vocational Training Council Technical Institutes
        
        
   2. Three additional FC Seats for Labour

      Hong Kong Confederation of Trade Unions
      Government Employee Unions/Associations
      Non-Affiliated Trade Unions

      The qualification to be an elector for these three FCs would be the same as for the present two Labour FC seats.

      From the information we have been able to research union membership and affiliation as at the end of 1991 was as follows:

      Trade Union Group	No of Member Unions	Total Membership
      Hong Kong Federation of Trade Unions	84	176100
      Hong Kong & Kowloon Trade Union Council	69	30600
      Hong Kong Confederation of Trade Unions	22	78500
      The Joint Organization of Unions, Hong Kong	19	12200
      Hong Kong Trade Union Education Center	14	63100
      Federation of Hong Kong & Kowloon Labour Unions	19	24200
      Unaffiliated Unions	242	85000
      Government Employee Unions/Associations	160	98000

       

   3. Environment FC

      The following are the bodies we recommend be entitled to qualify for membership of this FC:

      • Friends of the Earth
      • Conservancy Association
      • Green Power
      • World Wide Fund for Nature
      • Lantau Association
      • Lamma Island Conservancy Society
      • Private Sector Committee on the Environment
      • Center for Environmental Technology

      Qualification as an elector in this FC would be membership of the Governing and Standing or Sub-Committees of these organizations and employment on a full or part-time basis as a professional member of the staff of any of these organizations.

      We also recommend consideration be given to include the following as members of this FC:

      • Commercial organizations principally involved in environmental activities
      • Individuals not covered by any of the above membership criteria but involved professionally on a full or part-time basis in environmental work
        
        
   4. Culture & Entertainment PC
      Composition of this FC would be in line with the proposal made to the Legislative Council Select committee on the 1995 Legislative Council Elections and should comprise the following occupations:
      • Dance
      • Dramatic Arts
      • Music
      • Visual Arts
      • Writing
      • Arts/Cultural Administration
      • Technical Arts (Theater)

      Voting eligibility will be for individuals employed in this sector who meet the professional or work qualification and active employment criteria to be determined.
      
      It is estimated the total number of eligible voters for this FC will be over 13500, based on the following qualification criteria:

      • Dance
        • Occupation: dancers, dance artistic directors, choreographers, dance accompanists and dance teachers
          
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in a registered dance company and dance school in Hong Kong
                OR
             2. active in a professional dance capacity in Hong Kong
                
      • Dramatic Arts
        • Occupation:
              actors, playwrights and directors
          
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in a professional dramatics arts organization in Hong Kong
                OR
             2. active in a professional dramatics arts capacity in Hong Kong
                OR
             3. employed full-rime as educators in dramatic arts in post-secondary educational institutions in Hong Kong
                
      • Music
        • Occupation: musicians, arrangers, composers, conductors, lyricists and music teachers
          
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in a music-related organizations in Hong Kong
                OR
             2. active in a professional capacity in Hong Kong
                
      • Visual Arts
        • Occupation: artists and designers in the following fields:
          • Calligraphy
          • Ceramics
          • Computer Art
          • Design
          • Drawing
          • Film Art
          • Installation Art
          • Mixed Media
          • Painting
          • Performance Art
          • Photography
          • Print-making
          • Sculpture
          • Video Art
            
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in visual arts-related organizations and making contribution to arts and culture in Hong Kong
                OR
             2. active in a professional visual arts capacity and making contribution to the arts and culture in Hong Kong
                OR
             3. employed full-time as educators in visual arts in post-secondary educational institutions in Hong Kong
                
      • Writing
        • Occupation: writers and editors
          
        • Qualification: with relevant recognized professional experience AND are:
          1. employed full-time as an editor in Hong Kong:
             for the arts and culture section of a news-paper, periodical or publishing house
             OR
          2. active as a professional writer in Hong Kong
             
      • Arts/Cultural Administrator
        • Occupation: Arts/cultural administrators
          
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in an administrative position in an arts/cultural organizations in Hong Kong
                OR
             2. active in a professional arts/cultural administration capacity in Hong Kong
                OR
             3. employed full-time as educators in arts/cultural administration in post-secondary educational institutions in Hong Kong
                
      • Technical Arts (Theatre & Film)
        • Occupation:
          Theatre & film production managers, stage managers, technical managers, theatre technicians, film technicians, stage designers, set designers, costume designers, lighting designers, sound designers, hair dressers and other roles in production theatre & film.
          
        • Qualification:
          1. relevant recognized professional qualification
             OR
          2. relevant recognized professional experience
             AND are:
             1. employed full-time in performance venues or performing arts organizations in Hong Kong
                OR
             2. active in a professional technical arts capacity in Hong Kong
                OR
                
             3. employed full-time as educators in technical arts in post-secondary educational institutions in Hong Kong
                
                
   5. FC for those Employed in the Care of the Disabled & Handicapped

      As the disabled and handicapped themselves could not considered to meet the qualifications under the criteria which we recommend be used to define an FC, we are proposing that membership of this FC be allocated to those with relevant professional qualifications or suitable employment status who are involved in a full or part-time capacity in the care of the disabled and handicapped.
      

   6. Information Technology PC

      It is proposed the following organizations constitute this FC:

      • The Hong Kong Computer Society
      • The Hong Kong Association for Computer Education
      • The British Computer Society (Hong Kong Section)

      These bodies all have well defined and stringent rules for admission to membership, based on professional qualifications and relevant experience that would make suitable FC voter qualification criteria.

      The electorate for the FC would be individual based and it is estimated the eligible electorate would be around 2600.

      The HKDF suggests that the following additional organisations also be considered for admission to this EC, subject to the adequacy of their membership qualifications:

      • The Hong Kong Association of EDP Auditors
      • The Hong Kong Information Technology Federation
      • The Hong Kong Management Association ED Management Club & IT Committee
      • The Hong Kong Telecommunications Association
      • The IEEE Computer Society
      • The Hong Kong Association of Medical Informatics
      • The Hong Kong Institution of Engineers Software Engineering Section
        
        
   7. Retailers FC

      This FC would comprise the members of the following two trade organizations:

      • The Association of Retailers & Tourism Services
      • The Retail Management Association

      There are nearly 59000 retail establishments in Hong Kong and at the present time the membership of the two organizations is as follows:

      The Association of Retailers & Tourism Services	967
      The Retail Management Association	108

      The electorate would be on the same basis as proposed by the Government for the existing FCs with corporate membership, so would number in excess of 5000.
      

   8. Human Resources practitioners PC

      The proposed membership of this FC would comprise the following organizations:

      • The Hong Kong Institute of Personnel Management
      • The Hong Kong Society for Training & Development
      • The Hong Kong Industrial Relations Association

      It is envisaged that the electorate of the FC would be voting members of the above organizations. The total voting membership of these is over 2000 individuals, who are required to have at least 5 years of practice in the Human Resources field and to be in current employment as a Human Resources practitioner.

      Human Resources practitioners consider they have significant expertise in respect of Human Rights, Environment, Medical & Health, Social Welfare, Housing and Transport issues in addition to their core practice of personnel management and could provide a key link between the conflicting interests of management and labour.

   9. Maritime PC

      Membership of this FC would probably comprise organizations such as:

      • Institute of Seatransport Ltd
      • Nautical Institute (Hong Kong Branch)
      • Hong Kong Institute of Marine Technology
      • Hong Kong Joint Branch of the Institute of Engineers & the Royal Institute of Naval Architecture
      • Marine Officers Association
      • Marine Department professional Officers Association
      • Merchant Navy Officers Guild - Hong Kong
      • Hong Kong Marine Radio Officers Society
      • Hong Kong Pilots Association
      • Institute of Chartered Shipbrokers (Hong Kong Branch)
      • Salvage Association (Hong Kong Office)
      • Marine Association of Hong Kong
      • Hong Kong Association of Freight Forwarding Agents Ltd
      • Hong Kong Shipowners Association
      • Hong Kong Shippers Council
      • Shippers Association of Hong Kong
      • Hong Kong Liner Shipping Association

      The electorate would be a mixture of individual members, from those organizations with a membership comprising individuals and corporate members from those organizations companies only. Individual members entitled to vote would be required to be holders of some relevant professional qualification and the corporate electorate would be on the same basis as for corporate bodies in the existing 21 FCs.

      It is expected that the electorate for this EC would be several thousand voters.

      Consideration would have to be given to whether there was a sufficient degree of commonality of interest between those organizations with individual membership and those organizations with corporate membership to enable their joint interests to be fairly represented by a single LegCo member. If this would appear to be impracticable, we would recommend membership of the EC comprise only those organizations with individual membership.

   10. Textile PC

       Membership of this proposed FC would be n a corporate basis and comprise all members of the bodies that constitute the Textile Council of Hong Kong Ltd, which are as follows:

       • Federation of Hong Kong Garment Manufacturers
       • The Hong Kong Weaving Mills Association
       • The Hong Kong Association of Textile Bleachers, Dyers, Printers & Finishers Ltd
       • The Federation of Hong Kong Cotton Weavers
       • Hong Kong Cotton Spinners Association
       • Hong Kong Chinese Textile Mills Association
       • Hong Kong Knitwear Exporters & Manufacturers Association Ltd
       • Hong Kong Woolen & Synthetic Knitting Manufacturers’ Association Ltd
       • Hong Kong Garment Manufacturers Association Ltd
       • Hong Kong Printers & Dyers Association Ltd
       • Hong Kong Cotton Made-up Gods Manufacturers Association Ltd

       Membership of these bodies is open to any firm or corporation involved in the manufacturing of textile products.

       Since this FC comprises corporate members, the electorate would be on the same basis as for corporate bodies in the existing 21 FCs.
       
       

6. Campaign Funding
   1. The HKDF is most disturbed that the Summary Offences (Amendment) Bill 1991 imposes restrictions on fund raising by Political Parties and extends discretion to the Secretary of Home Affairs over granting a permit and considers that these provisions contravene Articles 18, 19 & 22 of the Bill of Rights.
   2. The freedom to raise funds for political purpose in public places should be a right and while the HKDF accepts this should be done under a formal licensing system in the interests of law and order, providing the organization complies with the following criteria the Licensing Authority should be obliged to issue the Licence:
      1. The organization applying for a licence is a lawfully registered political body.
      2. The funds collected will only be used by that organization for the furtherance of its political activities and not for any commercial activities.
      3. All funds collected can be used within Hong Kong.
      4. The arrangement for collecting funds will not cause any nuisance or obstruction to the public.
      5. All funds collected will be subject to audit.
   3. Expenditure limits should be set as HK$300,000 per candidate for each DE constituency.
   4. Government funds as such should not be contributed to parties for election purpose, but public resources should be provided as follows:
   1. The provision of appropriate public buildings for bona fide election campaign meetings.
      
      
7. Freedom to Campaign
   1. During the 1991 and 1995 elections, campaign teams encountered a certain amount of resistance from owners committees and building managements to the distribution of election materials to residents and hone Canvassing visits.
   2. Since these are primary methods of distributing candidate information and in general campaign teams found such activities were very much welcomed by electors, the HKDF proposes the Government establishes a code of practice under which the right to carry out such activities be legally protected. This should apply to both residential buildings and the public areas of retail complexes.
   3. The introduction of the "buffer zone" at polling stations for the 1991 LegCo DEs was of very considerable help in reducing the jostling of voters on their way to cast their ballots. This should however be made a uniform area or all polling stations and we recommend a ban on political activity within 50 yards of the precincts of the polling stations themselves, with only the candidate and 2 supporters being allowed within this area.
   4. Government schools and other suitable public buildings should be made available to candidates, free of charge, during the official campaigning period.
      
      
8. Exit Polls
   1. The HKDF does not support the publication of the results of "exit polls" before the close of polling, as we believe this could unfairly influence electors who are still to vote.
      
      
9. Ballot Papers
   1. We recommend that, where applicable, the name of the party the candidate is standing for be included on the ballot paper, alongside the candidate’s name.
      
      
10. Election Commissioner
    1. The HKDF is strongly in favour of an office of Election Commissioner (EC) being established separate from the Boundary Commission as we believe these two functions are significantly distinctive to warrant separating, reporting to, an Electoral Board (EB). Members of the EB should be appointed as individuals by the Legislative Council (LegCo).
    2. The purpose of an independent EC is to remove the administration of elections from the Government, in a partially democratic system such as has now been established in Hong Kong an one that may well continue to be partially democratic for a considerable period of time, there may be suspicions that the Government can in some way manipulate the electoral process if it remains in its control. It is the practice in most countries to have some form of independent EC.
    3. The terms of reference of the EC would be as recommended by ERS Report, which are as follows:
       1. To ensure, so far as is practicable, that all aspects of the electoral process shall be free from bias, constraint or undue influence.
       2. To promote, so far as is reasonable, the maximum involvement or the citizens of Hong Kong in all aspects or undue influence.
       3. To draw attention, by all reasonable means, to defects in the electoral processes which inhibit the achievement of the above two objectives.
       4. To advise on operational practicalities and on possible changes in legislation and regulations.
    4. The EB would have a monitoring and not a management function. It would also act as the channel of communication between election administration and the politicians.
       1. The EB should be a relatively compact body with a membership of about 12, representative of all major strands of political opinion and including members with expertise relevant to electoral matters.
    5. The EC and EB should be established as a matter of urgency, so they can provide advice to the Government during the current electoral reform review exercise
       
       
11. Corrupt and Illegal Practices
    1. The HKDF considers the existing legislation for controlling corrupt and illegal practices is adequate, provided that in respect of the FCs the recommendations made in paragraphs 4.4.1 t 4.4.8 inclusive above are fully implemented.
       
       
12. Consolidation of Existing Legislation
    1. The HKDF regards it as desirable that provisions in different ordinances concerning electoral matters be consolidated into one single set of legislation.
       
       
13. Registration of Electors
    1. Although under the existing Electoral Provision ordinance the primary responsibility for electoral registration lies, in effect, with the individual members of the public, there is nothing in the ordinance that prevents the Registration Officer form taking a much more positive approach to the process and that is what the HKDF recommends.
    2. During the preparation of the next register the following steps should be taken:
       1. The electoral registration form be redesigned to make it more consumer friendly.
       2. A change should be made from a postal canvass to returns obtained by canvassers calling on the individual residential units to deliver the forms and arrange to collect them back, duty completed.
    3. The HKDF strongly recommends against the introduction of "automatic registration", on the grounds that this opens up opportunities for illegal voter registration. However, we do support the use of any aspects of the ID Card registration system that might be helpful in effecting the efficient registration of those who desire to become voters.
       
       
14. Postal and Proxy Voting
    1. The HKDF recommends that, for the time being at least, postal or proxy voting should not be introduced for the DEs, as this is less secure and more difficult to monitor than voting in person.
    2. For the reasons stated in 14.1 above the HKDF does not recommend special arrangements be made to accommodate voters who are absent overseas at the time of elections.
       
       
15. Qualification and Disqualification of Voters
    1. The HKDF considers the present regulations in respect of the DEs to be acceptable.
    2. With regard to the FCs, the HKDF considers the recommendations made in paragraphs 4.4.2, 4.4.3, 4.4.5 and 4.4.8 above essential conditions to be included.
       
       
16. Qualification and Disqualification of Voters
    1. The HKDF considers the present regulations in respect of the DEs to be acceptable.
    2. With regard to the FCs, the HKDF considers the recommendation made in paragraph 4.4.4 above an essential condition to be included.
       
       
17. Education
    1. As proposed by the ERS Report, the HKDF recommends a series of programmes with the object of educating the general public in the philosophy and mechanics of elections should be undertaken by Radio Television Hong Kong, whose terms of reference clearly encompass such a responsibility.
    2. The HKDF would also like to stress that it is highly desirable that strong emphasis is put into civic education in schools, if voter turnout is to be improved in future elections.
       
       
18. Ten Seats To Be Returned By Election Committee
    1. The HKDF recommends that the Election Committee (EC) should be constituted as set ut in Annex I of the Basic Law which is as follows:

       Industrial, Commercial & Financial sectors	200
       The Professions	200
       Labour, social services, religious and other sector	200
       Members of the Legislative Council, representatives of district-based organizations, Hong Kong Deputies to the National People’s Congress and representatives of Hong Kong members of the National Committee of the Chinese People’s Political Consultative Conference	200

    2. The constituent bodies of the first three categories in 21.1 above and their delegate share are recommended to be as follows:

       Industrial, commercial & financial sectors		delegates
       	Hong Kong General Chamber of Commerce	35
       	Federation of Hong Kong Industries	35
       	Chinese manufacturers Association	35
       	Chinese General Chamber of Commerce	35
       	Real Estate & Construction	12
       	Finance	12
       	Financial Services	12
       	Tourism	12
       	International Chambers of Commerce	12
       The Professions		delegates
       	Legal	30
       	Accountancy	30
       	Engineering	20
       	Architectural, Surveying & Planning	30
       	Medical	30
       	Teachers	60
       Labour, social services, religious & other sectors		delegates
       	Labour	120
       	Health Care	30
       	Social Services	20
       	Religious Groups	30

       1. Each of these constituent bodies will be responsible for electing its own quota of delegates.
       2. The HKDF recommends the following be constituent members of the Religious Groups:
          • Buddhists
          • Taoists
          • Muslims
          • Roman Catholics
          • Lutherans
          • Baptists
          • Church or Christ in China
          • Anglicans
       3. The number of delegates to be elected by each of these constituent bodies should be proportionate to the strength of their congregations. Practicality may dictate that the non-Catholic Christians be amalgamated into a single constituent body.
    3. The constituent bodies or the fourth category in paragraph 21.1 above should elect delegates in relation to their membership as a proportion of the total membership of the category.
       1. The District Boards should be the constituent body to represent "representatives of district-based organizations".
    4. Eligibility to stand for election to these seats should be restricted to members of the EC only.
    5. Election of the 10 members should be by the STV system.
       
       
19. Registration of Political Parties
    1. The HKDF calls for the Government to give official recognition to PPs, thus formally accepting their role in the Hong Kong system of Government.
    2. Such recognition will also make it easier to develop and implement laws and regulations specifically governing the activities and conduct of PPs.
       
       
20. Monitoring of Elections
    1. Although the HKDF has every confidence in Hong Kong’s administrators, we believe it would be beneficial to invite an independent monitoring team to attend future elections and in particular the LegCo elections and advise on ways of further improving the electoral system. We suggest that such a team be organized under the auspices of the United Nations.

 

Summary

While the HKDF considers all the proposals put forward are important if Hong Kong is to have a valid electoral system, we would like to particularly stress certain or our proposals.

The HKDF is of the strong opinion that in order for the elections to be both conducted fairly and to be seen to be fair, it is essential for the appointment of an EC to be made, along the lines suggested in paragraph 10. This appointment together with that of an EB should be made as a matter of urgency.

There is a growing recognition including in England, that the FPTP system of voting is inherently unfair. Therefore the HKDF feels that it is very important that a Proportional Representation system be implemented. An STV voting system has already been used in the EC elections.

In view of the major role FCs play in the make-up of the LegCo, it is crucial that, as far as possible, all opportunities for abuse of this system are eliminated and that it be made truly representative of its constituents. We therefore urge that all the recommendations we have made in paragraph 4 be accepted.

We also regard it important that there be proper formal recognition f political parties and that they be allowed the right to solicit funds in any public place, within the framework set out in paragraph 6.2.