November 1992
Mr James Arbuthnot, MP
House of Commons
LONDON
SW1A OAA
Thank you for your letter of 3 November enclosing one from your constituent, Councillor Thomas Chan of 70 St Barnabas Road, Woodford Green, Essex, in which he raises the legal status of political parties in Hong Kong.
It is true that, like the UK, Hong Kong does not have a tailor-made ordinance to deal with the registration and regulation of political parties. They can at present be registered in different ways, according to preference, either as companies without share capital but limited by guarantee under the Companies Ordinance, or as societies under the Societies Ordinance. One of the reasons for some countries having special enactments providing for the registration of political parties is their proportional representation voting system, where party lists and state subsidy of party activities or candidates is involved. These circumstances do not arise in Hong Kong.
Fund raising activities for political purposes may be held in public places such as stadia, civic centres or town halls, provided that the funds are for the development of representative government and subject to the approval of the Secretary for Home Affairs. If the location is privately owned or managed (eg shopping malls) consent by the owner or manager is sufficient legal authority and no separate approval is needed from Government.
The Hong Kong Government is keen to see the development of democratic political parties in Hong Kong. And, as the Governor made clear in his address to the Legislative Council last month, he is committed to strengthening Hong Kong's representative institutions. He is encouraging the Legislative Council to take responsibility for the separate management of its own affairs and to establish its own ways of
The ensuring that the Executive is fully accountable to it. Governor has also taken the initiative of presenting himself
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