Distribution and Mailing of Election Advertisements

CHAPTER 6

DISTRIBUTION AND MAILING OF ELECTION ADVERTISEMENTS

Part I:General

Part II:Requirements relating to printed election materials

Part III:Free postage of election advertisements

Appendix A:Notice of posting of election communication

Election Committee subsector election - July 2000

Appendix B:Notice of posting of election communication

Legislative Council election - September 2000 -

geographical constituencies

Appendix C:Notice of posting of election communication

Legislative Council election - September 2000 -

the Election Committee and functional constituencies

Appendix D:List of posting offices for election communication -

Election Committee and subsector election

Appendix E:List of posting offices for election communication -

Legislative Council election functional constituencies

and geographical constituencies

Appendix F:Districts for posting of election communication

geographical constituencies - September 2000

Legislative Council election

Appendix G:Declaration for posting of election communication

Election Committee subsector election - July 2000

Appendix H:Declaration for posting of election communication

Legislative Council election - September 2000

* * *

PART I : GENERAL

6.1This chapter deals with the distribution and mailing of election advertisements in respect of the Legislative Council (“LegCo”) general election to be held on 10 September 2000 consisting of the elections in respect of the 5 geographical constituencies (“GCs”), the 28 functional constituencies (“FCs”), and the Election Committee (“EC”) as well as the election of the 35 EC subsectors to be held on 9 July 2000 for returning members to the EC. References in this chapter to the EAC (EP) (LC) Reg mean the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation made by the Electoral Affairs Commission (“EAC”).

6.2Election advertisement includes any address, notice, bill, placard, poster, board, banner, flag, standard, colour, sign, message, sound, image or picture and any article, thing or material published for the purpose of promoting or prejudicing the election of any candidate or list of candidate(s) in an election. Election advertisement therefore includes performance reports, audio/video cassette tapes, discs, diskettes, electronic messages, facsimile transmissions, balloons, caps, badges and T-shirts used for promoting or prejudicing a candidate. It also includes publicity materials containing the name or photograph of a candidate issued or displayed during the election period (i.e. from commencement of nomination to polling day) even through the content of the publicity material is not, on the face of it, election related. Examples include opinion survey questionnaires, posters publicising functions like vegetarian meal, offer of free legal or medical or other professional service, etc.

IMPORTANT:“Candidate” includes a person who has publicly declared an intention to stand for election in respect of a particular constituency, whether or not he has submitted a nomination paper. The reference to “candidate” includes a list of candidates in the GC election (“GC list”) to which the list voting system of proportional representation applies.

The references to “constituency” below in this chapter include also the EC and the EC subsector.

6.3Performance report means any material giving details of activities organised, services rendered or work done by a person in his capacity as a serving member of the Legislative Council (including a person who was a member of the Legislative Council immediately before its dissolution), a District Council or the Heung Yee Kuk; or as a serving chairman or vice-chairman or member of the Executive Committee of a Rural Committee. Any performance report published by an incumbent member of the Legislative Council (including a person who was a member of the Legislative Council immediately before its dissolution), a District Council or the Heung Yee Kuk; or a serving chairman or vice-chairman or member of the Executive Committee of a Rural Committee running for a seat in the LegCo at the general election to be held on 10 September 2000 or for membership of the Election Committtee in the Election Committee subsector election to be held on 9 July 2000, and which is distributed during the election period (ie, from the commencement of the relevant period for nomination of candidates up to the polling day) will be deemed to be election advertisements. [Ss 33 and 34 of the Elections (Corrupt and Illegal Conduct) Ordinance (“E(CIC) Ord”).] The cost of such a report will be counted towards the candidate’s election expenses.

6.4Any performance report published by an incumbent member of the Legislative Council (including a person who was a member of the Legislative Council immediately before its dissolution), a District Council or the Heung Yee Kuk; or a serving chairman, vice-chairman or member of the Executive Committee of a Rural Committee standing for election in the coming LegCo election or subsector election and which is distributed before the relevant election period will also be regarded as election advertisements if it is published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election. The relevant expenses will be counted towards election expenses. It is important to note that a performance report must comply with all the requirements for an election advertisement as stated in paragraphs 6.8 to 6.10.

6.5All expenses a candidate incurs for the preparation and distribution of election advertisements and any amount treated as election expenses under these guidelines are counted towards the election expenses which he may incur under the law. The candidate should therefore be careful in planning how much he should spend in this area. [For the definition of election expenses, see s 2 of the E(CIC) Ord.]

6.6Subject to the maximum amount that can be incurred by a candidate for election expenses [s 24 of the E(CIC) Ord], there is no restriction as to the quantity of election advertisements employed by him. For the ceiling of election expenses applicable to each kind of constituency/subsector, please see paragraph 14.7 of Chapter 14.

6.7A candidate must ensure the correctness and accuracy of all the factual statements included in his election advertisements. [For criminal sanctions, see ss 25, 26 and 27 of the E(CIC) Ord.] Where an election advertisement is placed in the print media and takes the form of a news report or any other form which does not clearly show that it is an election advertisement, the words “Election Advertisement” or “ 選舉廣告” must be stated in the advertisement, to avoid misunderstanding by readers that it is not an election advertisement.

PART II : REQUIREMENTS RELATING TO PRINTED ELECTION MATERIALS

Requirements

6.8All printed election materials must bear, in Chinese or English, the name and address of the printer together with the date of printing and the number of copies printed (“the printing details”) [s 34(1) of the E(CIC) Ord]. This requirement does not apply to an election advertisement that is printed in a registered local newspaper or magazine. It applies, however, to all materials reproduced by any method of multiplying copies (eg, printing machines, duplicators or photocopiers). The following are some suggested formats:

(a)Printed by ABC Printing Works,

XX XZY Street, HK

on (date) in (number) copies

(b)Printed by own office machine

XX XZY Street, HK

on (date) in (number) copies

6.9A candidate must deposit with the Returning Officer for his constituency (“the relevant RO”) two copies of each type of the election advertisements which the candidate published not later than 7 days after their publication [s 34(4) of the E(CIC) Ord]. Where the election advertisement is for display, distribution or otherwise use, the copies should be deposited with the relevant RO before the display, distribution or otherwise use [s 102(6) of the EAC (EP) (LC) Reg]. If the relevant RO has not yet been appointed, they should be deposited with the Chief Electoral Officer [s 102(17) of the EAC (EP) (LC) Reg].

6.10The requirements as to declaration, serial numbering and provision of copies of each type of election advertisements to the relevant RO under section 102 of the EAC (EP) (LC) Reg, as detailed in Part V of Chapter 5, also apply to election advertisements to be distributed. Where an election advertisement is to be distributed by facsimile transmission and where the exemption referred to in paragraph 5.40 of Chapter 5 applies (which includes election advertisements sent to electors through the free postage service detailed in Part III below or transmitted by electronic means), it will not be necessary to state the serial numbers in the declaration. Only the quantity of that election advertisement is to be stated in the declaration.

Enforcement and Penalties

6.11Any complaint or report of breach of these guidelines should be made to the relevant RO. The relevant RO will report to the EAC which may, after consideration, refer the case to the relevant authorities for investigation and prosecution. The EAC may also issue public statements in such manner as it deems fit to denounce any non-compliance with these guidelines.

6.12A candidate who fails to provide the printing details or deposit copies of election advertisements with the relevant RO commits an offence punishable by a fine of up to $200,000 and imprisonment of up to 3 years [s 34(6) of the E(CIC) Ord]. However, he may apply to the court for an order allowing the publication of the above election advertisements be excepted from the relevant requirements and relieving the applicant from the penalties, provided that the court is satisfied that the non-compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith [s 35 of the E(CIC) Ord]. Non-compliance with the requirements of section 102 of the EAC (EP) (LC) Reg is punishable with a fine at level 2 (ie, $5,000) and imprisonment up to 6 months.

Inadvertent Omission of Printing Details

6.13A candidate who has inadvertently omitted the printing details from his election advertisements can make a statutory declaration giving the omitted details, and deposit such declaration with the relevant RO not later than 7 days after the publication of the offending election advertisement [s 34(4) of the E(CIC) Ord]. Having taken this remedial step, he will not be prosecuted for contravention of section 34(1) of the E(CIC) Ord. The statutory declaration will be retained by the relevant RO for six months after the result of the election is published [s 34(7) of the E(CIC) Ord].

PART III : FREE POSTAGE OF ELECTION ADVERTISEMENTS

Conditions for Free Postage

6.14A list of candidates for a GC or a candidate of the EC or any FC who is validly nominated in the notice of nomination published in the Gazette in accordance with regulations made under the Electoral Affairs Commission Ordinance is permitted to post free of postage up to two letters to each elector in the constituency for which it/he is nominated, whereas a candidate of a subsector is permitted one such letter postage-free [s 43 of the Legislative Council Ordinance and s 31 of Schedule 2 to that Ordinance]. However, before the publication of the notice of nomination, a candidate wishing to exercise his right to free postage may be required to furnish the Postmaster General with a security for the payment of postage in the event that his name is not subsequently shown in the notice [s 6(2)(a) of the Post Office Regulations.]

6.15The purpose of the free postage is to enable the candidate to mail election advertisements to promote or advertise himself and in relation to that election to electors in the constituency. The free postage, which is the candidate’s own privilege, cannot and should not be used for any other purpose or any other election or for promoting or advertising any other person.

6.16 Specifically, the letter must:

(a) be posted in Hong Kong;

(b) contain materials relating only to the candidature of the candidate(s) on the GC list, or of the candidate, at the election concerned;

(d) be not larger than 175 mm x 245 mm and not smaller than 90 mm x 140 mm in size.

It is important to note that under section 101A(3)(a) of the EAC (EP) (LC) Reg, a candidate sending letters to electors in bulk is liable for payment of postage for all letters in that bulk if any letter in the bulk does not meet requirement (a), (b), (c) or (d) above.

Make-up

6.17The letter may take the form of envelope, lettergramme, card or folder. Items in roll form or enclosed in plastic wrappers are not acceptable.

6.18Cards and folders must be made of ordinary cardboard or paper not less than 0.25 mm thick, and must be rectangular in shape.

6.19When a wrapper is used, it must extend over the full length of the item which it encloses. Envelopes must not be fastened with staples or with paper fasteners with sharp edges or points, but they may be closed by means of an adhesive flap or tape.

6.20Envelopes, folders and lettergrammes having an opening large enough to entrap smaller letters are prohibited. Unsealed mail item contained in envelope with ordinary tuck-in flaps may be used up to the following size limits (Section 6 of Post Office Guide) -

Not over 90 mm in depth - opening not over 150 mm

in length

Not over 100 mm in depth - opening not over 140 mm

in length

Over 100 mm in depth - opening not over 115 mm

in length

6.21The words “選舉廣告” or “Election Advertisement” must be printed on the address (front) side of the envelope.

Addressing

6.22To avoid delay or misdirection, the full postal address should be typed or legibly written on the front of the envelope in four rows as follows -

Name of addressee

Floor and flat no. and name of building

Street number, name of street

Name of district

6.23Addressing slips may be used for the mailing of election advertisements provided that they are legible and securely pasted onto the envelopes.

6.24The name of the candidate and other propaganda slogans, including photos, should appear on the back of the item or on the left-hand half of the address side reserving the right-hand half of the front exclusively for the address.

6.25No postage-free election advertisement bearing an address outside Hong Kong will be accepted.

Posting Arrangements

6.26In order to allow adequate time for the Post Office to process the extremely large volume of election mail during the election period, candidates are advised to make their postage-free election advertisement postings on or before the following dates:

(a) In respect of the 2000 LegCo general election:

First letterSecond letter

17 August 200025 August 2000

(b) In respect of the subsector election, 30 June 2000

Regarding (a), if the first letter does not meet the deadline for the first letter and only meets the deadline for the second letter, the huge volume of postings accumulated for both batches may be beyond the capacity of the Post Office to cope to deliver them to the electors before the polling day. Postings of the first batch of letters submitted after 17 August 2000 will be delivered only after the second batch of letters of all candidates that are handed in on or before 25 August 2000 have been delivered. Candidates and their agents are therefore warned that postings made after the above deadlines may fail to reach the addressees before the polling day.

6.27At least two clear working days’ notice must be given before the postings are made. Candidates should present two unsealed specimens of their election advertisements, together with a notice of posting of election communication (specimen at Appendix A for the subsector, Appendix B for the GCs and Appendix C for the EC and FCs), for inspection two clear working days before the postings are made. For the EC and subsectors, the mail specimens can be forwarded to the Postmaster of the respective posting offices mentioned in Appendix D. As for GCs and FCs, the mail specimens can be forwarded to the respective Senior Controller of Posts mentioned in Appendix E.

6.28When handing in the specimens, the candidates may indicate any one of the posting offices listed in Appendix D for the EC and subsectors and in Appendix E for FCs and GCs where they intend to make their postings. In this connection, the Postmaster and the Senior Controller of Posts concerned will arrange and confirm the requests after approval of specimens.

6.29The postings should be made up, preferably in bundles of 50 or 100 for easy counting. All letters should face the same direction. To facilitate handling of the huge volume of postings within a tight time schedule, candidates of GCs are required to segregate letters by way of the Districts specified in Appendix F when presenting their postings. Candidates for FCs, the EC and subsectors are required to segregate letters into two lots when presenting their postings, ie, those for delivery in Hong Kong and Outlying Islands, and those for delivery in Kowloon and New Territories.

6.30With each posting, the candidate or his representative must present a signed declaration in duplicate (original to be kept by the Post Office and the duplicate copy duly signed by the Post Office official and kept by the candidate or his representative as acknowledgement of the posting):

(a)stating the number of packets and the name of the candidate;

(b)declaring that the posting is the first or second batch of his postage-free communication;

(c)declaring that each packet contains material relating to the election only; is identical to the unsealed specimen submitted by the candidate or his representative for inspection and retention by the Post Office; and is addressed by name to a duly registered elector in respect of the constituency for which the candidate has been nominated; and

(d)declaring that not more than two (or one for subsector) postage-free communication has been or will be sent to any of the electors/voters.

Specimens of the declarations for the subsector election and the general election are at Appendices G and H respectively. Regarding a GC, the candidate who signs Appendix B should also sign Appendix H on behalf of all the candidates in his GC list, whose names should be shown on Appendix H. It is important to note that under section 101A(3)(b) of the EAC (EP) (LC) Reg, a candidate sending letters to electors in bulk is liable for payment of postage for all the letters in that bulk if the declaration made by him or his representative is false in any particular.

6.31Government reserves the right to charge a candidate postage where any of the above requirements is not met or the free postage arrangements are abused in any way [s 101A(3) of the EAC (EP) (LC) Reg]. The charge counts towards the candidate’s election expenses and must be included in his return and declaration of election expenses and donations to be sent to the relevant RO. The EAC may also issue public statements in such manner as it deems fit to denounce any abuse of the free postage arrangements.

Enquiries

6.32For general enquiries concerning the posting of election advertisements, please contact:

Controllers of Posts (Productivity Improvement)

Room 201

Hongkong Post Headquarters

2 Connaught Place

Central

Hong Kong

Telephone:2921 2293

Fax: 2973 6272