Given its complexity the above exercise will take On the one hand, we have the argument that as political delopment in Hong Kong is still in a state of flux it is better that a regulatory framework should be introduced now for all political parties to follow. On the other hand, we should note that the systems of other major democracies have developed an evolutionary basis by responding and reacting to changing political circumstances and needs, often involving interaction, negotiation and compromise among different parties through the political process.
In the Hong Kong context, a suitable prototype to regulate political organisations will be very difficult to find or devise; the application of any particular overseas model is unlikely to be appropriate; Government's motives in introducing a new statutory scheme are likely to be misunderstood by China as well as by local liberal groups; and the details of any regulatory scheme will create controversy. In these circumstances, we take the view that any general framework of regulatory measures, if required at all, should evolve along with the political development of Hong Kong, as has been the case for other democracies. In the meantime, we recommend that political organisations and politicians (e.g. incumbent members of District Boards, Municipal Councils and Legislative Council) should continue to fulfil their obligations under relevant existing legislation, e.g. Companies Ordinance, Societies Ordinance and Prevention of Bribery Ordinance, as appropriate.
Collection of political donations in public places
11
The suggestion has been made by a number of liberal political groups that collection of donations for political or election purposes in public places such as streets, thoroughfares, and ferry concourses should be allowed.
12
At present the collection of donations in public places is regulated by section 4 (17) of the Summary Offences Ordinance (Chapter 228), which stipulates that "any person who without lawful authority or excuse organises, provides equipment for, or participates in
any collection of money or sale of badges in a public place save under and in accordance with a permit in writing issued by the Director of Social Welfare shall be liable to a fine of $500 or to imprisonment for 3 months." "Public place" and "lawful authority" are defined in section 2 of the Ordinance. Read in conjunction with section 137A of the Public Health and Municipal Services Ordinance (Chapter 132), "public place" includes, apart from streets, thoroughfares and ferry also Municipal Council venues such as public pleasure grounds, stadia or civic centres, to which the public have access, whether on payment or otherwise. (A copy of the relevant statutory provisions is at End.
concourses,
13
In relation to section 4 (17) of the Summary Offences Ordinance, the guidelines on the issue of permits for collection money in public places have recently been revised. A copy is
of