On January 26 and 27, the Rev Fung lodged a number of complaints with the BEC against the Housing Department for setting rules that had caused him difficulties in organising home visits, for being unfair to him and for rejecting his application for conducting home visits and other electioneering activities.
He argued that he followed the arrangements relating to the September District Board elections which did not require applications to be made to the Housing Department.
"The BEC finds that the Rev Fung's allegation that he did not know that prior approval of the department is required is no excuse for him to carry out such activities at the estate," the chairman said.
Mr Justice Woo said the requirements were clearly shown in paragraph 28 of Chapter 7 of the BEC Guidelines as revised and published on December 15. Four copies of the guidelines had been given to the Rev Fung on January 9 when he submitted his nomination paper.
Even if the Rev Fung only learned of such requirements on January 24, he should have complied with the requirements by adjusting his home visit schedules or he should have at least cancelled his electioneering activities which could not be covered by a valid approval, he added.
"Forging on with carrying out the scheduled activities shows a total disregard of the BEC Guidelines.
"The Rev Fung's disagreement with the requirements or the BEC Guidelines cannot provide him with any justifiable excuse or pretext to flout them," the chairman said.
He said the Rev Fung had not been able to give any reason to show that the requirements were unfair to him as a candidate vis-a-vis the other candidates of the Tai Po district.
Nor has he been able to pinpoint any incident of the requirements being applied to the other candidates of his constituency in any manner unfair to him.
End/Friday, February 17, 1995
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