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Following is the speech by the Secretary for Constitutional and Mainland Affairs, Mr Stephen Lam, in proposing resolution to amend five items of subsidiary legislation (including Electoral Affairs Commission (Electoral Procedure) (Legislative Council) (Amendment) Regulation 2009, Electoral Affairs Commission (Electoral Procedure) (District Councils) (Amendment) Regulation 2009, Electoral Affairs Commission (Electoral Procedure) (Election Committee) (Amendment) Regulation 2009, Electoral Procedure (Chief Executive Election) (Amendment) Regulation 2009 and Electoral Procedure (Village Representative Election) (Amendment) Regulation 2009) made under the Electoral Affairs Commission Ordinance in the Legislative Council today (October 21):
President,
I move that the Electoral Affairs Commission (Electoral Procedure) (Legislative Council) (Amendment) Regulation 2009, the Electoral Affairs Commission (Electoral Procedure) (District Councils) (Amendment) Regulation 2009, the Electoral Affairs Commission (Electoral Procedure) (Election Committee) (Amendment) Regulation 2009, the Electoral Procedure (Chief Executive Election) (Amendment) Regulation 2009 and the Electoral Procedure (Village Representative Election) (Amendment) Regulation 2009 (the amendment regulations) to be amended as set out on the Agenda.
The amendment regulations were tabled at the Legislative Council on June 24, 2009, and were later scrutinised by the Subcommittee on Subsidiary Legislation. The Subcommittee has finished the related scrutinising work. I hereby express my wholehearted gratitude to the Honourable Ip Kwok-him, the Chairman of the Subcommittee, and the other Honourable members for their invaluable opinions during the course of the scrutiny.
The amendment regulations were made by the Electoral Affairs Commission (EAC) to facilitate prisoners and persons remanded, detained or arrested who are registered electors (electors in custody) to cast their votes in public elections.
The Chief Electoral Officer or the Director of Home Affairs must designate ballot paper sorting station
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During the section-by-section examination of the amendment regulations at the Subcommittee meeting, a Member noticed that the amendment regulations propose to stipulate that the Chief Electoral Officer (CEO) or the Director of Home Affairs (DHA) must designate, by notice published in the Gazette, one or more places as a ballot paper sorting station (BPSS) or BPSSs for sorting ballot papers received from dedicated polling stations in a general election or an ordinary election. The Member pointed out that a BPSS might also be required in certain scenarios other than a general election or an ordinary election, for example, when by-elections for more than one constituency are held on the same day.
In a general election or an ordinary election, as ballot papers are cast in respect of all the constituencies, it is necessary to set up BPSSs to sort the ballot papers received from the dedicated polling stations before they are transported to the relevant counting stations for counting. As for by-elections, they are normally held in relation to a single constituency and hence there is no need to sort the ballot papers prior to the counting. Section 5 of the Electoral Affairs Commission Ordinance (Cap. 541) (EACO) stipulates that the EAC may do such other incidental act or thing or exercise such powers as it considers necessary or expedient for the performance of its functions under the EACO or any other Ordinance. Therefore, the EAC is empowered to set up BPSS(s) in case by-elections for more than one constituency are held on the same day. However, to provide a clearer legal basis, we propose to amend the amendment regulations to stipulate that the CEO or the DHA must designate, by notice published in the Gazette, one or more places as a BPSS or BPSSs for sorting ballot papers received from dedicated polling stations in a general election or an ordinary election, or where the CEO or the DHA considers appropriate, a by-election.
Other amendments
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The motion proposed by the Government also includes some technical amendments.
The proposed amendments that I move are supported by the Subcommittee. I wish to express my gratitude to the Subcommittee again for the invaluable opinions.
I would like to appeal to Honourable Members to vote in favour of my proposed amendments. Thank you, President.
Ends/Wednesday, October 21, 2009
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