the trade union is concerned unions as a viable form for a Similarly, a party cannot exist for long in Hong Kong as a 'loose group' without formal organisation, since even a small degree of common action by members would create a society as defined by the Societies Ordinance, which, if unregistered, would be illegal. There remain, two options for registration as a party: under the Societies Ordinance; Or under the Companies Ordinance. The latter option seems the favourite as most prominent political organisations, (e.g. United Democrats, Meeting Point, Hong Kong Affairs Society, Hong Kong Democratic Foundation and Liberal Democratic Federation) are registered companies. Registered political organisations are therefore subject to the relevant provisions of the Companies Ordinance or Societies Ordinance.
8
The
status of political parties in other western democracies varies.
Political parties may exist and be recognised mainly through tradition and convention, as in the UK.
On the other hand a number of countries, such as Australia, Canada and some in Europe, require the registration or recognition of political parties for electoral or funding purposes, · or the regulation of certain party procedures by law. For example, an elaborate scheme to govern the registration of political parties for the purposes of parliamentary elections is provided for in the Australian Commonwealth Electoral Act 1918. State regulation of political and election funding also takes a variety of forms, ranging from practically no controls in
+
and
Switzerland and Luxembourg meticulous regulation in other United States and Japan.
minimal controls in the UK to countries, such as Canada, the
9
In
considering
-
any
requlation
We
of political organisations in Hong Kong, our objective should be, in line with other democracies, to ensure as much independence and freedom as possible on the one hand and adequate public accountability
the other. The present system of registration under the Companies Ordinance or the Societies Ordinance cannot be said to be imposing undue restrictions on any political organisation wishing to operate on a formal footing. recognize, however, that funding and financing of political activities will increasingly be a matter of public concern. The issues of public accountability of political funds (need for disclosure on the part of the donor and recipient, audit and publication of accounts and statements) and political corruption (the application of the Prevention of Bribery Ordinance and the Corrupt and Illegal Practices Ordinance in relation to political development) are being reviewed by the Administration in Independent Commission Against may help in considering a more
consultation
Corruption.
with the Such a review
general regulation of political organisations.
**
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