Electoral Affairs Commission Briefs Candidates for 2025 By-elections on Fair Campaigning and Voting Procedures

Election Committee Subsector By-elections' candidates briefed on electoral legislation and guidelines

The following is issued on behalf of the Electoral Affairs Commission:

The Chairman of the Electoral Affairs Commission, Mr Justice David Lok, conducted a briefing for the candidates of the 2025 Election Committee Subsector (ECSS) By-elections tonight (August 18) on the electoral arrangements, the guidelines on election-related activities and important points to note in running their election campaigns to ensure that the By-elections will be conducted in an open, honest and fair manner.

Mr Justice Lok said at the briefing, "The nomination period for the ECSS By-elections closed on August 4. The Candidate Eligibility Review Committee has published the notices in the Gazette earlier with the names of 100 validly nominated candidates, as well as the names of 10 validly nominated nominees as Election Committee members."

Mr Justice Lok said that for the By-elections, there are six contested subsectors, involving 28 candidates, who will contest in the ECSS By-elections to be held on September 7 for 21 seats. The Returning Officers (ROs) have determined the order of the names of candidates appearing on a ballot paper by drawing lots on August 12. The candidate numbers for the candidates concerned to be printed on ballot papers are listed on the Gazette notices published on August 12.

At the briefing, Mr Justice Lok highlighted the arrangements and points to note of the By-elections that are related to the candidates.

No canvassing zone and no staying zone

On the polling day, a certain area outside each polling station will be designated as a no canvassing zone to ensure that voters can gain access to the polling stations without interference. A no staying zone will also be designated outside the entrance and exit of a polling station. No one is allowed to stay in the no staying zone or be allowed to canvass for votes or conduct "de-facto canvassing" such as making hand gestures and greetings in the no canvassing zone.

The presiding officer will request the person who has committed such prohibited acts within these zones to leave. If the person concerned refuses to abide by the order, he or she may be evicted by enforcement officers or authorised persons.

Central counting

Central counting will be adopted for the By-elections. Once the poll is closed, the ballot boxes will be delivered to the central counting station at the Hong Kong Convention and Exhibition Centre. The ROs will supervise the counting process with the assistance of Assistant ROs and counting staff. Questionable ballot papers will be determined by the ROs on site, and their determination will be final. Any objection raised against the ROs' determination will be filed in record, and the candidates may make an appeal in accordance with legal procedures.

Video-recording facilities will be installed at the central counting station. Candidates, election agents and counting agents may enter the central counting station and observe the count at designated areas of the counting zone. Members of the public and media may also enter the central counting station to observe the count, but they are not allowed to enter the counting zone. A notice setting out the maximum capacity of the public area will be displayed outside the central counting station.

Announcement of election results

Once the counting of votes is completed and verified by the Statistical Information Centre, the RO will make known the counting results to the candidates and their agents present at the desk for determination of questionable ballot papers at the central counting station. If none of the candidates or agents present request a recount of votes, the RO will thereupon announce the election results. If, according to the counting result, there remain vacancies to be filled and the remaining candidates with the highest number of votes have an equal number of votes, the RO shall determine the result of the election by drawing lots in accordance with the legislation. Later that evening, the elected candidates will be invited to receive applause on stage of the Media Centre.

The election results will be displayed outside the central counting station and published via press releases and the election website (www.elections.gov.hk).

Digitalisation of election forms

Electronic copies are introduced for most election forms for the By-elections. Candidates may submit the relevant election forms via the REO e-Form Upload Platform and the Central Platform for Election Advertisements. However, some of the forms, such as the Return and Declaration of Election Expenses and Election Donations (Election Return), or forms with statutory declaration, are still required under the existing laws or other requirements to be submitted in paper form.

Mr Justice Lok reminded the candidates that once the electronic forms are submitted through the platforms concerned, notifications of confirmation will be issued by the respective platforms via email or mobile phone SMS message. With the receipt of the notifications, there is no need to submit the forms using other means again.

Election expenses and donations

The law stipulates that election expenses are the expenses used for the purpose of promoting or prejudicing the election of a candidate. Only candidates and their election expense agents may incur election expenses, otherwise it is an illegal conduct.

To ensure candidates are contesting on a level playing field, a maximum limit of election expenses is set for each subsector: the maximum amount of election expenses for a candidate belonging to a subsector with the number of voters fewer than 500 is $100,000, while that for a candidate belonging to a subsector with the number of voters ranging from 501 to 5 000 is $160,000. It is an offence for a candidate to incur election expenses in excess of the prescribed maximum limit.

Mr Justice Lok reminded the candidates that the election donations received can only be used for the By-elections. If there are unspent or unused election donations after the By-elections, the unspent or unused portion of the donations must be given to a charitable institution or trust of a public character. In addition, candidates are required by law to submit an Election Return within 30 days after the gazettal of the election results to declare all election expenses incurred by the candidate and his/her election expense agents, as well as all election donations received.

Election advertisements

If the name, logo or a pictorial representation of a person or an organisation appears in the election advertisement of a candidate as an indication of support from that person or organisation, the candidate must obtain the written consent from that person or organisation before the publication of the election advertisement. Candidates must upload the electronic copies of the election advertisements and the permission, consent of support, etc, onto the REO's Central Platform or the candidate's platform for public inspection within three working days after the publication of the election advertisements. Candidates may also submit the relevant materials to the ROs. It is an offence if a candidate fails to comply with the requirement.

At the briefing, a representative from the Independent Commission Against Corruption also briefed the candidates about the Elections (Corrupt and Illegal Conduct) Ordinance to enhance their understanding of the acts that may constitute corrupt or illegal conducts, whereas a representative from Hongkong Post provided to the candidates a brief overview of the arrangements for free postage service for election mail.

Information on the By-elections is available on the election website (www.elections.gov.hk). The video of the candidate briefing will also be uploaded to the election website and the YouTube channel of RTHK (www.youtube.com/@RTHK) later (search "2025 Election Committee Subsector By-elections Briefing Session for Candidates" to watch).

Election Committee Subsector By-elections' candidates briefed on electoral legislation and guidelines Source: HKSAR Government Press Releases

Election Committee Subsector By-elections' candidates briefed on electoral legislation and guidelines Source: HKSAR Government Press Releases

Election Committee Subsector By-elections' candidates briefed on electoral legislation and guidelines Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation

The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases