Returning Officers adhere to BL

January 27, 2018

Acting Chief Executive Matthew Cheung:

In accordance with the Legislative Council Ordinance and Electoral Affairs Commission Regulations, the Returning Officer is required to decide whether a candidate of a Legislative Council by-election is validly nominated. The Government supports the Returning Officers to exercise their statutory power to discharge their duties under the law, so as to decide whether a nomination is valid.

All public officers responsible for electoral affairs, including the Returning Officer, have all along strictly adhered to the Basic Law, relevant legislation and legal advice, as well as the principles of political neutrality and impartiality, in the due execution of their public duties. They will adopt the same principles in handling matters relating to the LegCo by-election, in order to ensure the election will be conducted in an open, fair and honest manner in strict accordance with the law.

When informing a candidate that his or her nomination is invalid, the Returning Officer has already provided reasons for the decision. In accordance with the requirement under the law, the Returning Officer has also endorsed the decision on the nomination form. Copy of the nomination form is available for public inspection. So there is absolutely transparency here.

As stated in the press release this morning, the Returning Officer decided that the nomination of the candidate concerned was invalid since the candidate did not comply with the Legislative Council Ordinance. The Hong Kong Special Administrative Region Government agrees to and supports the decision of the Returning Officer.

Let me stress that "self-determination" or changing the Hong Kong Special Administrative Region system by referendum which includes the choice of independence is totally inconsistent with the constitutional and legal status of the Hong Kong Special Administrative Region as stipulated clearly in the Basic Law, as well as the established basic policies of the People's Republic of China regarding Hong Kong. Upholding the Basic Law is a basic legal duty of a legislator. If a person advocates or promotes self-determination or independence by any means, he or she cannot possibly uphold the Basic Law or fulfil his or her duties as a LegCo member.

I also stress here that Hong Kong has a well-established judicial system. In fact, the existing electoral law does provide for the mechanism of election petitions to handle possible disputes arising from public elections. Candidates may seek legal redress or judicial redress in case they disagree with the decision of the Returning Officer.

Returning Officers have strictly adhered to the Basic Law and legislation, as well as the principles of political neutrality and impartiality, in the execution of their public duties.

Acting Chief Executive Matthew Cheung made the statement today, saying in accordance with the Legislative Council Ordinance and Electoral Affairs Commission Regulations, the Returning Officer is required to decide whether a candidate of a LegCo By-election is validly nominated.

He said the Government supports Returning Officers in exercising their statutory power to discharge their duties under the law.

“All public officers responsible for electoral affairs, including the Returning Officer, have all along strictly adhered to the Basic Law, relevant legislation and legal advice, as well as the principles of political neutrality and impartiality, in the due execution of their public duties.

“They will adopt the same principles in handling matters relating to the LegCo by-election, in order to ensure the election will be conducted in an open, fair and honest manner in strict accordance with the law.”

Mr Cheung said when informing a candidate their nomination is invalid, the Returning Officer provides reasons for the decision and, as required by law, endorses the decision on the nomination form which is available for public inspection.

He said the Returning Officer decided the nomination of the candidate concerned was invalid since that person did not comply with the LegCo Ordinance, adding the Government agrees to and supports the decision.

He said "self-determination" or changing the Hong Kong Special Administrative Region system by referendum, which includes the choice of independence, is totally inconsistent with the constitutional and legal status of the HKSAR as stipulated clearly in the Basic Law, as well as the established basic policies of the People's Republic of China regarding Hong Kong.

“Upholding the Basic Law is a basic legal duty of a legislator. If a person advocates or promotes self-determination or independence by any means, he or she cannot possibly uphold the Basic Law or fulfil his or her duties as a LegCo member.”

Mr Cheung said Hong Kong has a well-established judicial system and existing electoral law does provide for the mechanism of election petitions to handle possible disputes arising from public elections.

Candidates can seek judicial redress if they disagree with the Returning Officer’s decision, he added.