Enquiry Service for Candidates on the Guidelines

CHAPTER 9

ENQUIRY SERVICE FOR CANDIDATES ON THE GUIDELINES

Section 1 : The Enquiry Service

9.1In response to a suggestion put forth at the public consultation forum on the electoral guidelines, the Commission set up an enquiry service for candidates of the CE Election (candidates including those found validly nominated by the RO and those who publicly declared their intention to stand for the election irrespective of whether they had sent in their nomination form) on the interpretation and operation of the CE Election guidelines. This did not cover enquiries on the parts of the guidelines relating to the Elections (Corrupt and Illegal Conduct) Ordinance, which were to be handled by the ICAC. The service was provided with effect from 22 December 2001, the day when the CE Election guidelines were published, until the end of ordinary business hours before the polling day or the close of nominations in the event that the election was uncontested, whichever was the earlier. During this period candidates or their election agents having any doubt about a certain part of the guidelines could lodge their enquiries with the Commission in writing. As far as practicable the EAC would answer an enquiry within three working days. All the enquiries and answers would be published, with the enquirers’ identities withheld, for better understanding of the guidelines by the public.

9.2The EAC acquired the assistance of a lawyer from the D of J for the provision of legal advice on the enquiries as and when necessary.

Section 2 : Enquiries

9.3During the period from 22 December 2001 to 28 February 2002 (the closing day of the nomination period), the Commission received and answered threequestions. All of these questions were answered within three working days. The questions and answers were published vide a press release and the EAC website and the 2002 CE Election website on the Internet; they are now reproduced at Appendix III.