Appendix       Major Changes proposed in the Guidelines for Election Committee Subsector Elections as compared against the Guidelines issued in 2005   Relevant Chapter Major changes Chapter 1 Introduction adding a new provision on the commencement of the term of office of the Election Committee ("EC") adapting the latest amendments from sections 6 and 9 of the Chief Executive Election Ordinance ("CEEO") (paras. 1.1, 1.3 and 1.4 and also para. 3.1 of Chapter 3 of the guidelines); and providing further details on the composition of the EC (para. 1.2). Chapter 2 The Election Committee adding a new provision on the compilation and publication of interim and final registers of EC members after the conduct of an EC subsector ordinary election (paras. 2.5 to 2.6); and providing further details on the compilation and publication of provisional and final registers for EC subsector by-election (paras. 2.7 to 2.12). Chapter 4 Nomination of candidates clarifying that if a person is not a member/councillor of the Hong Kong and Kowloon District Councils ("DCs"), New Territories DCs, Chinese People's Political Consultative Conference or Heung Yee Kuk, he is disqualified from being nominated as a candidate at a subsector election, or from being elected as a member of the EC representing the respective subsector (para. 4.4); adding a note that no illegal act should be used to cause a voter to nominate or not to nominate a person as a candidate (para. 4.17(a)); and drawing the attention of candidates of the disqualifying effect for making false declaration in the nomination form under the relevant law (para. 4.20). Chapter 5 Polling and counting arrangements clarifying that engaging in canvassing voters includes suggesting not to vote for any candidate (para. 5.9(a)); advising voters/authorised representatives ("ARs"), in relation to subsector election, to cast their votes in the manner as directed by the Electoral Affairs Commission ("EAC") (para. 5.19); providing details on the increased penalty for infringing the secrecy of the vote (para. 5.22); providing details on the increased penalty for photographing in polling stations without authorisation (para. 5.30); and specifying the conditions whereby ballot papers should be regarded as invalid or questionable (paras. 5.39 to 5.40). Chapter 7 Appointment and roles of election agent, election expense agents, polling agents and counting agents reminding candidates to submit to the Chief Electoral Officer a return and declaration of his election expenses and donations with supporting vouchers not later than 30 days after the publication in the Gazette of the election result, or not later than 30 days after the declaration of the termination of the election proceedings under the relevant electoral law, or not later than 30 days after the declaration of the failure of the election under the relevant electoral law (para. 7.19 and also para. 8.39 of Chapter 8 and paras. 16.23 and 16.27 of Chapter 16); and advising candidates that the notice of appointment of counting agents should be given to the Returning Officer ("RO") at least 1 week (instead of 3 working days) before the poll (para. 7.39). Chapter 8 Election advertisements clarifying that candidates may send the declaration and a copy of each EA to the RO by fax or e-mail before submitting the original copy of the declaration and 2 copies of the EAs (para. 8.46); and clarifying that candidates may, after delivering a speech during an election meeting or ad hoc visit, send a copy of the speech, together with the declaration, to the RO by fax or e-mail prior to distributing them to the audience or media (para. 8.47). Chapter 9 Electioneering at the living or working places of voters/ARs, premises of organisations to which voters/ARs belong and buildings which voters/ARs frequent revising the sequence of the original Chapters 9 and 10; recasting the chapter to render it more reader friendly (Parts I - IV and Appendix I); advising candidates that different organisations may have their own guidelines on the conduct of electioneering activities, and it is desirable for candidates to consult them in advance and obtain permission if required (para. 9.2); adding that access to a private office may require the approval of the management of the office building or companies which employ the voters/ARs, and such a decision should have regard to the fair and equal treatment principle (para. 9.5); advising candidates and their supporters of the importance of handling the personal data of voters carefully when conducting electioneering activities (para. 9.10 and Appendix H); and adding a new part on conducting electioneering activities in premises under the management of Housing Department and Hong Kong Housing Society (para. 9.22 and Appendix I). Chapter 10 Election meetings revising the sequence of the original Chapters 9 and 10; clarifying that meetings which are not held for the purpose of promoting or prejudicing the election of candidates will not be regarded as election meetings, and candidates may attend such meetings as part of their normal activities (para 10.1); reminding candidates that individual government departments and management authorities may have their own guidelines on the conduct of election meetings, and it is desirable for candidates to consult them in advance and obtain permission from them as may be necessary (para. 10.6); and reminding candidates of the guidelines for conducting election meetings in places within the jurisdiction of the Hong Kong Police Force and the Housing Department/Hong Kong Housing Society (paras. 10.7 - 10.21 and Appendix I). Chapter 12 Use of sound amplifying device and vehicles reminding candidates of the Transport Department requirements relating to display of EAs on public light bus (para. 12.7). Chapter 14 Prohibition against canvassing activities outside polling station specifying that the RO should give, at least 7 days (instead of 5 days) notice to the candidates on the determination of No Canvassing Zone and No Staying Zone (para. 14.5). Chapter 18 Namedropping clarifying that if an organisation has decided to give support to a particular candidate, such a decision could be taken by the governing body of the organisation or in a formal meeting of all the members of the organisation (para. 18.4).
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