The Electoral Affairs Commission (EAC) today said the law clearly defines "candidate" and that it has no intention or authority to change the definition in the proposed Legislative Council election guidelines.

The EAC made the statement in response to concerns over the definition of "candidate" in Chapter 16 of the guidelines.

According to the Elections (Corrupt & Illegal Conduct) Ordinance, "candidate" means a person who stands nominated as a candidate at an election.

The ordinance also defines candidate as a person who, at any time before the close of nominations for an election, has publicly declared an intention to stand as a candidate at the election.

The ordinance has provisions regulating election expenses as well.

Apart from prescribing the maximum amount of election expenses, it requires candidates to submit election returns setting out all election expenses and donations to ensure such expenses will not exceed the statutory upper limit and that all candidates can compete on a level playing field within a reasonable level of expenditures.

When considering what expenses would amount to election expenses, the EAC said it is necessary and useful to heed the points made by the Court of Final Appeal in a case which touched on the issue. Details can be found at Appendix 15 of the proposed guidelines.

The commission explained that the definition of 'candidate' in its guidelines follows what is stipulated in the ordinance, adding that it is responsible for reminding those who intend to run for elections of the requirements in relevant laws to avoid breaking the law inadvertently.

In cases of doubt on what constitutes an election expense, independent legal advice should be sought and suggestions of amending the existing legislation should be made to the Government, the EAC said.