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HONG KONG URBAN COUNCIL
the terms of the Corrupt and Illegal Practices Ordinance are under the impression that money spent on their behalf by a third person does not count. The law is in fact quite clear, it does not matter who spent the money or where it came from; if it is in fact spent on the election campaign with the authority of the candidate or his election agent or with their knowledge or or even tacit consent, then it is an election expense.
I feel also that the failure of the Corrupt and Illegal Practices Ordinance to distinguish between what is really a corrupt and illegal practice and matters of pure technicality that are in fact being frequently broken in the course of an election, does cause the Ordinance to be treated with a certain amount of liberty by those helping in the elections. Take for example the provision as to posters. Copies should be deposited with the Secretary of the Urban Council, Secretary for Chinese Affairs and the District Commissioner, New Territories at least 24 hours before their appearance on the streets, and if they were only deposited 23 hours beforehand the candidate in theory at least might be disqualified from taking office as Councillor for seven years. I think myself that the Secretary of the Urban Council should be given a discretion to waive this provision as it is always difficult in the heat of an election campaign to be quite certain that every piece of paper that is put out has been duly deposited 24 hours beforehand.
The other matter that requires revision is the question of election expenses themselves. It is very difficult to keep the cost of an election campaign within the legal limits as at present prescribed. Again, I marvel at how some of the independent candidates managed to do it at all. It is easier with two or more candidates standing together, but posting expenses alone are such as greatly to restrict the degree to which voters can be approached in that way. Election expenses should certainly not be placed too high, but we feel that there is a case for a revision of the present limits.
In my opinion the one thing above all that facilitates corrupt and illegal practices in elections in Hong Kong is the present form of the electorate. It is possible for corrupt people to give big dinner parties for teachers, big dinner parties for C.A.S. members, and as for the jury list, well I am afraid they do not turn out in sufficient strength to counteract block votes being cast by the other categories. In 1957, the Reform Club's proposal that the electoral roll should be revised so as to enlarge the electorate was pounced upon by our opponents as a proposal likely to endanger the stability of the Colony. In our opinion our views were wholly misrepresented at that time because we have said always that there should be a Committee or Commission appointed to inquire into increasing the electorate, not that there should be an ad hoc increase. Such a proposal was unanimously accepted by all the Unofficial Members of this Council a few years ago and at a time when there was not even parity between the numbers
HONG KONG URBAN COUNCIL
11
of Appointed and Elected Members. The resolution that such a Committee should be appointed was turned down by the then Governor on the ground that it was contrary to his instructions from London. Quite apart from the fact that an electorate formed from specific categories of citizens makes it easy for them to be got at, it also can introduce a somewhat farcical result whereby a man could be elected not on his record actual or potential of public service but out of loyalty to the fact that he happens to be a member of that particular category of voters that is enfranchised. I mean no criticism of the excellent work done by Mr. Li Yu Bor and Mr. Chan Shu Woon when I say that the 1957 and 1959 election results show how this could easily happen. In each case, as members of what can generally be described as the winning party, they were of course receiving their full measure of the block support, but it is equally obvious that they were both also picking up a very large number of teacher votes for a fellow teacher, which were by no means necessarily block votes for their party. In the result in both cases they achieved sweeping victories at the top of the polls. Indeed, so strong is the teacher vote as a vote in our elections, that an independent candidate this year, who I think can fairly be described as being known only in teaching circles, was a very close runner up to the four actually elected. Whilst we feel that those to whom the teaching of our young is entrusted have every right to demand a say in the running of the Colony and indeed, it was the Reform Club that pressed in the first place for their inclusion as a category on the voting lists, nevertheless we feel that it is not in the best interest of democratic Government for one particular category of voters to have such a sweeping control over the elections. If it is found necessary to retain the principle of giving the vote by categories then we would urge that there are a very large number of categories of responsible citizens at present disenfranchised who could without any fear to the Colony's security be given the right to vote. Indeed, it is a matter of profound regret that when the principle of giving the right to vote to women in Hong Kong was recognized a few years ago it was nevertheless seen fit to exclude the nursing service as such from the general enfranchisement.
Finally, a few words about the conduct of the elections generally and the electoral register. It is greatly to be regretted that the recommendations of this Council that were advanced to Government in good time for their incorporation in this year's elections were allowed to stand over.
The effect of having separate jury and electoral registers
is that the jury list on the electoral register bears little or no relation to the current published jury list, particularly in the matter of addresses. In my opinion anything up to 40% or more of the number of poll cards that were sent out failed to reach the voter before election day. A very large percentage of the voters either do not know that they are on the electoral register at all, or are under the impression that
Page 13 of 107
Page 13 of 107
Page 13 of 107
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HONG KONG URBAN COUNCIL
the terms of the Corrupt and Illegal Practices Ordinance are under the impression that money spent on their behalf by a third person does not count. The law is in fact quite clear, it does not matter who spent the money or where it came from; if it is in fact spent on the election campaign with the authority of the candidate or his election agent or with their knowledge or even tacit consent, then it is an election expense.
I feel also that the failure of the Corrupt and Illegal Practices Ordinance to distinguish between what is really a corrupt and illegal practice and matters of pure technicality that are in fact being frequently broken in the course of an election, does cause the Ordinance to be treated with a certain amount of liberty by those helping in the elections. Take for example the provision as to posters. Copies should be deposited with the Secretary of the Urban Council, Secretary for Chinese Affairs and the District Commissioner, New Territories at least 24 hours before their appearance on the streets, and if they were only deposited 23 hours beforehand the candidate in theory at least might be dis- qualified from taking office as Councillor for seven years. I think myself that the Secretary of the Urban Council should be given a discretion to waive this provision as it is always difficult in the heat of an election campaign to be quite certain that every piece of paper that is put out has been duly deposited 24 hours beforehand.
The other matter that requires revision is the question of election expenses themselves. It is very difficult to keep the cost of an election campaign within the legal limits as at present prescribed. Again, I marvel at how some of the independent candidates managed to do it at all. It is easier with two or more candidates standing together, but posting expenses alone are such as greatly to restrict the degree to which voters can be approached in that way. Election expenses should certainly not be placed too high, but we feel that there is a case for a revision of the present limits.
In my opinion the one thing above all that facilitates corrupt and illegal practices in elections in Hong Kong is the present form of the electorate. It is possible for corrupt people to give big dinner parties for teachers, big dinner parties for C.A.S. members, and as for the jury list, well I am afraid they do not turn out in sufficient strength to counteract block votes being cast by the other categories. In 1957, the Reform Club's proposal that the electoral roll should be revised so as to enlarge the electorate was pounced upon by our opponents as a proposal likely to endanger the stability of the Colony. In our opinion our views were wholly misrepresented at that time because we have said always that there should be a Committee or Commission appointed to inquire into increasing the electorate, not that there should be an ad hoc increase. Such a proposal was unanimously accepted by all the Unofficial Members of this Council a few years ago and at a time when there was not even parity between the numbers
HONG KONG URBAN COUNCIL
11
of Appointed and Elected Members. The resolution that such a Com- mittee should be appointed was turned down by the then Governor on the ground that it was contrary to his instructions from London. Quite apart from the fact that an electorate formed from specific cate- gories of citizens makes it easy for them to be got at, it also can introduce a somewhat farcical result whereby a man could be elected not on his record actual or potential of public service but out of loyalty to the fact that he happens to be a member of that particular category of voters that is enfranchised. I mean no criticism of the excellent work done by Mr. Li Yu Bor and Mr. Chan Shu Woon when I say that the 1957 and 1959 election results show how this could easily happen. In each case, as members of what can generally be described as the winning party, they were of course receiving their full measure of the block support, but it is equally obvious that they were both also picking up a very large number of teacher votes for a fellow teacher, which were by no means necessarily block votes for their party. In the result in both cases they achieved sweeping victories at the top of the polls. Indeed, so strong is the teacher vote as a vote in our elections, that an independent candidate this year, who I think can fairly be described as being known only in teaching circles, was a very close runner up to the four actually elected. Whilst we feel that those to whom the teaching of our young is entrusted have every right to demand a say in the running of the Colony and indeed, it was the Reform Club that pressed in the first place for their inclusion as a category on the voting lists, nevertheless we feel that it is not in the best interest of democratic Government for one particular category of voters to have such a sweeping control over the elections. If it is found necessary to retain the principle of giving the vote by categories then we would urge that there are a very large number of categories of responsible citizens at present disenfranchised who could without any fear to the Colony's security be given the right to vote. Indeed, it is a matter of profound regret that when the principle of giving the right to vote to women in Hong Kong was recognized a few years ago it was never- theless seen fit to exclude the nursing service as such from the general enfranchisement.
Finally, a few words about the conduct of the elections generally and the electoral register. It is greatly to be regretted that the recom- mendations of this Council that were advanced to Government in good time for their incorporation in this year's elections were allowed to stand over.
The effect of having separate jury and electoral registers
is that the jury list on the electoral register bears little or no relation to the current published jury list, particularly in the matter of addresses. In my opinion anything up to 40% or more of the number of poll cards that were sent out failed to reach the voter before election day. A very large percentage of the voters either do not know that they are on the electoral register at all, or are under the impression that
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