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Safeguarding clean elections under improved electoral system

The Improving Electoral System (Consolidated Amendments) Ordinance 2021 gazetted and came into effect on May 31 this year is set to put in place institutional safeguards to ensure Hong Kong getting back on the right track, the steadfast and successful implementation of “One Country, Two Systems” as well as long term stability and prosperity.

The new electoral system, along with recent amendments to the Elections (Corrupt and Illegal Conduct) Ordinance (ECICO) to address issues revealed in past elections, will no doubt put the upcoming round of public elections under the spotlight. The ICAC is geared up for the challenges and will enforce the ECICO impartially in accordance with the law, regardless of the background, social status and positions of the persons involved.

Holistic strategy combining law enforcement, prevention and education

Under the enhanced electoral system, many eligible voters, designated bodies, as well as functional constituencies will participate in the elections for the first time. To help these new players familiarise with the legal provisions and avoid breaching the law inadvertently, the ICAC’s Community Relations Department (CRD) has adopted a “full coverage” education strategy. By examining the formation of each subsector and functional constituency, it aims to disseminate the Support Clean Election message to all stakeholders through related umbrella organisations such as professional bodies, chambers of commerce and associations, as well as CRD’s long-established business and district networks.

As at end of July, the CRD had arranged over 100 election briefings for these organisations, including all districts committees in the 18 districts across the territory. Participants of these briefings were informed of the gist of the electoral law, in particularly the definition of bribery in an election, election advertisements as well as returns of election expenses. Meanwhile, flash road shows, media advertisements and publicity programmes for different target groups will also be held to disseminate clean election messages.

Promotional materials to disseminate clean election messages
Promotional materials to disseminate clean election messages.

On the preventive front, the ICAC’s Corruption Prevention Department (CPD) will provide guiding principles for organisations participating in public elections for the first time. CPD officers has reached out to some of these organisations and assisted them in setting up nomination and registration mechanism with proper safeguards. Tailored corruption prevention advice will also be provided based on the actual operation of each organisation.

CPD officers will also visit some of the polling stations in upcoming elections to observe the voting and counting procedures, so as to recommend practical and effective measures to reduce the risks of corrupt and illegal pitfalls in future elections.

Last but not the least, the ICAC’s Operations Department stands ready to enforce the law where corrupt and illegal conduct in elections are detected. Apart from the current dedicated investigation team responsible for election-related complaints and investigations, additional manpower will be assigned for the upcoming elections. Members of the public can rest assured that every pursuable complaint will be followed up in accordance with the law and in an impartial manner. The Department will also maintain close liaison and cooperation with other government bodies, such as the Constitutional and Mainland Affairs Bureau, the Department of Justice, the Electoral Affairs Commission, the Registration and Electoral Office as well as the Police.

Over the years, with the ICAC’s robust enforcement work, multi-faceted publicity and education initiatives, and concerted efforts of other government departments, public elections in Hong Kong have been hailed by our overseas counterparts as well as international watchdogs as clean, open and fair. But without the support of candidates, their helpers and most of all, the voters, this could not have been achieved. Together we will continue to safeguard this fine reputation under the new electoral system.

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