XN000022-1995-01-11 — Page 25

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Members have also expressed concern over the first-come-first-served arrangement in the BEC Regulation for registering up to 6 individual electors (or 4 in the case of trade unions) to replace the previously single corporate vote. They are concerned that the Registration Officer might have a problem in selecting which applicants to register if the number exceeds the quota, if they all arrive at the same time. Or that the later arrivals are the ones that have the endorsement of the organisation after a due process of internal agreement. The BEC has acknowledged the validity of the concern and has decided to replace the first-come-first-served method of registration by the drawing of lots if the quota is exceeded. As some applicants may be eligible for representing more than one corporate entity, provisions are also made to allow them time to register under another firm or organisation if they fail to be included after the first draw. To allow this to happen, the first draw will be held shortly after I May for this category of applicants in the amended Regulation. As a final safeguard, those applicants who are by themselves eligible to register in their own personal capacity in one of the non-corporate functional constituencies, had they not been required to represent a corporate body, will be encouraged to fill out a stand- by application so that even if they eventually fail to get registered under an organisation, their individual right to register as an elector for a FC will not be negated. The BEC and Registration and Electoral Office will explain the procedure to corporate voters in detailed guidelines to be issued during the registration period.

Finally, some Members have difficulties with the penalty provision of 6 months imprisonment for an employer's failure to provide the Registration Officer with information about his employees within the specified time. It is considered that the gravity of the offence should not attract such a severe punishment. While the original penalty provision of level 2 fine ($5000) and 6 months imprisonment can be found in other similar legislative provisions, the BEC has agreed to delete the penalty provision of imprisonment under section 23(4) to allay employers' worry. I understand Members are of the opinion that wilful supply of false or incorrect information to the Registration Officer should still be subject to more severe sanction and therefore the level 2 fine and 6 months imprisonment penalty for such wilful offences have been retained.

Mr President, the registration of electors for the FCs, in particular the nine new functional constituencies, will be an onerous task as the electorate will encompass all eligible persons in our workforce of over 2.9 million. With the next Legislative Council elections scheduled to take place on 17 September, the BEC is operating under a very tight timetable. But registration work can only start upon the passage of this particular Regulation. I believe the proposed amendments have adequately addressed the concerns of members and I urge them to give their support to this resolution.

Mr President, I beg to move.

End/Wednesday. January 11, 1995