XN000022-1995-05-17 — Page 83

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Accuracy of electoral roll

Following is a question by the Hon Eric Li Ka-cheung and a written reply by the Secretary for Constitutional Affairs, Mr Nicholas Ng, in the Legislative Council today (Wednesday):

Question:

Regarding the nine new functional constituencies, the number of voters who are eligible to register amounts to about 2.7 million. As the registration procedures are complicated and the Government can only verify the declared information on a selective basis, there is likely to be inaccurate information in the electoral roll. In this connection, will the Government inform this Council whether it will adopt measures to prevent voters and candidates initiating election petition proceedings under the Legislative Council (Electoral Provisions) Ordinance (Cap. 381) to question the validity of the election results; if so, what the measures are; if not, why not? ̈ ́

Reply: (Written)

The Legislative Council (Electoral Provisions) Ordinance (Cap. 381) specifies the grounds on which an election may be questioned by means of an election petition. In the main, these are:

(i)

(ii)

that the person declared to have been elected falls foul of the statutory disqualification provision for election or holding office; or

that a corrupt or illegal practice within the meaning of the Corrupt and Illegal Practices Ordinance (Cap. 288) has been committed, either by the person declared to have been elected or generally; or

(iii) that there was material irregularity in relation to the election.

An election petition may be presented either by 10 or more electors entitled to vote at the election which is the subject of the petition, or by a person claiming to have been a candidate in that election. It is within the legal right of the individuals concerned to present an election petition if they so wish, and there is no question of the Administration preventing them from so doing. Whether an election petition will. succeed is, of course, for the Court to decide.