Life and Society

Youth and Moral Education Office, ICAC

Life and Society

Module 4: Clean Elections


API on Clean Election‘Clean Legislative Council Election – Vote for a clean election, vote for a better Hong Kong’ :

http://www.ichannel.icac.hk/tc/categorylist.aspx?type=8


API on Clean Election

1. What scenario in the video is used as an analogy for bribery in election?

Using singing competition as an analogy, the video describes how a bad singer can still win through ‘buying votes’ from the audience. This is similar to bribery in elections.

2. What is the key message delivered by the video?

Bribery will jeopardize the fairness of elections as well as the credibility of councils. The future of Hong Kong will also be at stake if dishonest candidates are elected through such illegal means.


Analysis of Election Scenarios - Group Discussion & Presentation

• Discuss whether the acts in the scenarios are acceptable.

• Compile statistics of group members’ views and write down the reasons behind.

• One representative from each group to give presentation after group discussion.


Scenario 1

A candidate, Mr CHAN, organises and sponsors a local boat trip for electors of his constituency during the election period. During the tour, Mr CHAN publicises his election platform and calls upon the participants to vote for him.


Scenario 2

A candidate, Miss LI, attends an annual dinner held by a district organisation. During the dinner, she appeals support from the participants, saying that the dinner will be partially sponsored by her as a token of appreciation for electors’ support.


Scenario 3

A company owner, Mr WONG, comes to know that a major client of his company has decided to run for the District Council Election of a certain district. In order to please the client, Mr WONG hints to his employees residing in the district that they should vote for the client so as to secure their employment.


Scenario 4

A good friend of Miss CHEUNG stands as a candidate in the District Council Election, but Miss CHEUNG is not residing in the constituency which her friend competes for a seat. In order to support her friend, Miss CHEUNG uses a relative’s address in her application for voter registration even though she is not living there and later votes at the election in the said constituency.


Scenario 5

A candidate, Mr CHOW, is studying for a Master’s Degree and will graduate soon. To solicit electors’ support, he claims in his election advertisement that he has already been awarded the qualification.


Analysis of Election Scenarios – Scenario 1

• A candidate, Mr CHAN, organises and sponsors a local boat trip for electors of his constituency during the election period.

Unacceptable!

• Offering advantages (sponsoring the boat trip) to bribe electors violates the principle of fairness.

• The candidate would commit an offence if the purpose of his offering an advantage is to induce the electors to vote for him.



• A candidate, Miss LI, appeals support from the participants during a dinner and sponsors part of the dinner expenses.

Unacceptable!

• Offering food, drink or entertainment to bribe electors violates the principle of fairness.

• It is an offence if a person, whether by himself or through any other persons, provides food, drink or entertainment with a view to influencing other people’s voting decision.



• A company owner, Mr WONG, requests his employees to vote for a client and hints that they can secure their employment by doing so.

Unacceptable!

• The use of force or duress against electors to influence their voting decision violates the principle of fairness. Electors’ freedom of choice is also restricted.

• It is an offence if a person uses force or duress against another person with a view to influencing his / her voting decision.



• Miss CHEUNG uses a relative’s address in her voter registration and later votes at the election in the said constituency.

Unacceptable!

• The use of false information in elections is a dishonest act.

• It is unfair if electors not belonging to the constituency can cast a vote.

• It is an offence if a person gives false information to the electoral officer for voter registration and subsequently votes at an election.



• Mr CHOW is studying for a Master’s Degree but claims in his election advertisement that he has already been awarded the qualification.

Unacceptable!

• The publication of false information in election advertisement is a dishonest act. It also deprives electors of true information for selecting the suitable candidate(s).

• As Mr CHOW has not yet completed the programme, claiming himself having a Master’s Degree qualification in the election advertisement is a false statement of fact about a candidate. It is an offence if a person publishes materially false statement of fact about a candidate for the purpose of promoting his / her election.


Analysis of Election Scenarios

• Enforced by the ICAC, the Elections (Corrupt and Illegal Conduct) Ordinance aims at upholding clean elections.

• The acts described in these scenarios are electoral malpractices which undermine the fairness of elections. The person who commits such act may even have contravened the law.

• The maximum penalty for corrupt conduct at an election is seven years’ imprisonment and a fine of HK$500,000.


Information from an Opinion SurveyHong Kong Residents’ Perception on the

Fairness of LegCo Elections

• A survey was conducted by local academics in September to December 2007 to collect Hong Kong residents’ views on political values, democracy and the Administration’s governance in Hong Kong.

• Face-to-face interviews were conducted with 814 Hong Kong Chinese aged 18 or above who were randomly sampled based on the information provided by the Census and Statistical Department.

• Respondents who were registered voters in the 2004 Legislative Council (LegCo) election were asked the question: ‘Do you think the process of the last (2004) LegCo election is fair?’

Source: Ma Ngok and Kin-man Chan, “The State of Democratic Governance in Hong Kong” (A paper presented in An Asian Barometer Conference on the State of Democratic Governance in Asia, 2008)


Information from an Opinion SurveyHong Kong Residents’ Perception on the

Fairness of LegCo Elections

Among the 479 respondents to the above question :

Percentage

Very fair 12.7%

Basically fair but with minor problems 53.9%

Fair but with major problems 9.8%

Unfair 3.1%

I don’t know / No comments 20.5%

TOTAL: 100%


Class Survey Do you think the process of the last LegCo election is fair?

No. of Students Percentage

Very fair %

Basically fair but with minor problems %

Fair but with major problems %

Unfair %

I don’t know / No comments %

TOTAL: 100%


Group Discussion and Presentation

• Judging from the above information and as far as

you know, were the LegCo Elections in Hong Kong

fair and clean? Please explain.

• What is the impact of electoral malpractices on

individuals and the society?

One representative from each group to give

presentation after group discussion.


Impact of Electoral Malpractices on Individuals and the Society

• Compromising one’s values such as fairness and honesty.

• Possible violation of the rules resulting in serious consequences.

• Impairing fairness and justice of elections, undermining the electoral system and the council’s credibility, and bringing adverse effect to both the council’s operation and the Administration’s governance.

• The livelihood of people and political development will be at stake if dishonest candidates are elected through such illegal means.


Extended ActivityUpholding Clean Elections

Questions for Discussion：

1. How does the ICAC uphold clean elections through the three-pronged approach: law enforcement, prevention and education?

2. Explain briefly the work of Electoral Affairs Commission (EAC) and how they ensure that public elections are conducted openly, fairly and honestly.

3. Apart from the set up of laws and regulations, as well as the efforts of law enforcing agencies, what other factors are important in ensuring the fairness of public elections?


Extended ActivityUpholding Clean Elections

Browse through the following websites to collect information:

ICAC websites on elections http://www.icac.org.hk/elections

Electoral Affairs Commission (EAC) website http://www.eac.gov.hk

Documents

Life and Society