Electoral Affairs Commission Chairman Justice Barnabas Fung has reiterated that those who run in the Legislative Council election must sign a declaration in the nomination form as stipulated by law.
It states they will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region.
Justice Fung met Legislative Council members today and said the signature is part of the statutory nomination procedure required by Section 40 of the Legislative Council Ordinance and failure to sign will render the nomination invalid.
“This is the current legal requirement and has been adopted in the Legislative Council elections in the past years.”
He said the commission has noticed certain comments and proposals in the public arena have deviated from “one country, two systems” and Hong Kong’s constitutional status as prescribed in the Basic law.
He said there are public concerns on whether candidates fully understand the Basic Law, in particular Articles 1, 12 and 159(4).
Section 42A of the Legislative Council Ordinance and Section 16 of the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation require Returning Officers to decide on the validity of a nomination according to the law.
Officers who question whether candidates have fully complied with the legal requirements can, according to Sections 10 or 11 of the regulation, ask them to provide information deemed appropriate to satisfy that the nomination is valid.
The commission, according to Sections 4 and 5 of the Electoral Affairs Commission Ordinance, can make arrangements and take steps it considers appropriate to ensure elections are conducted openly, honestly and fairly.
The commission has prepared a Confirmation Form to be used by Returning Officers to ensure the nomination procedure is completed in accordance with the law. A candidate can confirm that in signing the declaration in the Nomination Form they clearly understand the Basic Law and the articles.
The Confirmation Form has sound legal basis, Justice Fung said, calling on candidates to submit the signed form to Returning Officers to complete the nomination procedure.
Returning Officers have the legal power to ask for further information from those who have not submitted the form. The Department of Justice’s advice can be sought and action taken to ascertain whether a candidate’s nomination has complied with the law.
