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THURSDAY, JANUARY 10, 1991

THREE AMENDMENT BILLS ON ELECTIONS TO BE GAZETTED

THREE AMENDMENT BILLS CONCERNED WITH THE 1991 ELECTIONS WILL BE PUBLISHED IN THE GAZETTE TOMORROW (FRIDAY).

THE CORRUPT AND ILLEGAL PRACTICES (AMENDMENT) BILL 1991 SEEKS TO REQUIRE CANDIDATES TO DECLARE AFTER AN ELECTION THE DONATIONS IN EXCESS OF $500 WHICH THEY HAVE RECEIVED FOR THEIR ELECTION EXPENSES AND THE IDENTITY OF THE DONORS, AND TO ENABLE THEM TO DISPOSE OF UNSPENT OR EXCESS DONATIONS.

THE BILL ALSO ENABLES INCUMBENT MEMBERS OF THE THREE TIERS OF REPRESENTATIVE GOVERNMENT TO DECLARE WELL IN ADVANCE OF AN ELECTION THE DONATIONS WHICH THEY HAVE RECEIVED FOR THEIR ELECTION EXPENSES, SO AS TO RELIEVE THEM OF THEIR POTENTIAL LIABILITY UNDER THE PREVENTION OF BRIBERY ORDINANCE.

"WITH THE POLITICAL DEVELOPMENT IN HONG KONG, CANDIDATES WILL INCREASINGLY BE DEPENDENT ON OTHER SOURCES OF FUNDING, FITHER FROM INDIVIDUALS

POLITICAL ORGANISATIONS, TO FINANCE THEIR ELECTION CAMPAIGNS," A GOVERNMENT SPOKESMAN SAID TODAY (THURSDAY).

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"THIS CREATES A NEED FOR MEASURES TO ENSURE THE INTEGRITY THE ELECTORAL PROCESS AND BETTER PUBLIC ACCOUNTABILITY OF DONATIONS FOR ELECTIONS.

"WE THEREFORE CONSIDER IT NECESSARY TO MAKE FT A LEGAL REQUIREMENT FOR CANDIDATES ΤΟ BE ACCOUNTABLE то THE DONORS AND CONTRIBUTORS OF THEIR ELECTION EXPENSES AS WELL AS TO THEIR ELECTORATE AS REGARDS THE SOURCES AND DISPOSAL OF THEIR ELECTION FUNDS.'

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UNDER SECTION 88 OF THE CORRUPT AND ILLEGAL PRACTICES ORDINANCE, NO CANDIDATE OR HIS AGENTS MAY USE MONEY RECEIVED FOR ELECTION EXPENSES FOR ANY OTHER PURPOSE.

"THE ACCEPTANCE OF DONATIONS FOR ELECTION EXPENSES COULD GIVE RISE TO THE QUESTION OF DISPOSAL OF UNSPENT DONATIONS, WHICH MAY ARISE DUE ΤΟ DEATH OF THE CANDIDATE, HIS WITHDRAWAL FROM AN ELECTION, DONATIONS RECEIVED IN EXCESS OF THE PERMISSIBLE ELECTION EXPENSES LIMIT OR DONATIONS SURPLUS TO REQUIREMENTS, THE SPOKESMAN SAID.

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"THE GOVERNMENT'S VIEW IS THAT THE SOLUTION TO THIS PROBLEM PRIMARILY IN SOUND ELECTION FUND MANAGEMENT ON THE PART OF THE CANDIDATE SO THAT UNSPENT OR EXCESS DONATIONS WOULD NOT ARISE.

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HOWEVER, PROVISIONS ARE MADE IN THE BILL TO ENABLE UNSPENT OR SURPLUS DONATIONS TO BE RETURNED TO THE DONOR IF THIS IS PRACTICABLE; OTHERWISE THE DONATIONS SHOULD BE GIVEN TO CHARITY.

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MEMBERS OF THE LEGISLATIVE COUNCIL, MUNICIPAL COUNCILS AND DISTRICT BOARDS ARE PUBLIC SERVANTS WITHIN THE MEANING PREVENTION OF BRIBERY ORDINANCE.

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