Elections

Section 1	Enactments Governing the Election (A) The DC Ordinance (B) The EAC Ordinance
Section 2	Scope of the Report

1.1	Two enactments govern the election required for returning elected members for the District Councils ("DCs") and direct the course of the election, namely, the District Councils Ordinance ("the DC Ordinance") and the Electoral Affairs Commission Ordinance ("the EAC Ordinance" or "the Ordinance").

1.2

The DC Ordinance provides for the declaration of Districts, the establishment, composition and functions of DCs, the procedure for election of persons to be members of DCs, and other related matters.

1.3

S 4 of, and Schedule 2 to, the DC Ordinance provide for the establishment of 18 DCs with effect from 1 January 2000. S 5 of, and Part I of Schedule 3 to, that Ordinance set out the number of elected members to be returned to the 18 DCs. There were to be 390 District Council constituencies ("DCCs") and each DCC was to return one elected member. By a notice published in the Gazette on 11 June 1999, the Chief Executive of the HKSAR ("the Chief Executive") specified 28 November 1999 as the day for holding an ordinary election to elect persons to be the elected members of the DCs.

1.4

The EAC Ordinance provides for the establishment of the Electoral Affairs Commission ("the EAC" or "the Commission") for the purpose of making recommendations regarding the delineation of DCCs for the District Councils election ("DC election") and demarcation of their boundaries, and to be responsible for the conduct and supervision of elections, and matters incidental thereto.

1.5

According to s 8 of the EAC Ordinance, the EAC is to report, within three months of the conclusion of an election, on matters relating to the DC election in respect of which it has any function under the Ordinance or any other ordinance, including a report on any complaint made to the EAC in connection with the election. The ordinary election having taken place on 28 November and concluded on 29 November 1999, this report is due by 28 February 2000 in conformity with the statutory provision.

1.6

This report describes the work the EAC did in relation to the DC ordinary election held on 28 November 1999, examines how that work fared, details how it dealt with complaints and sets out how it has reviewed all its work or functions relating to any such matters. Specifically, the report covers the following areas: (a) preparing for the election, including (i) registration of electors; (ii) delineation of constituencies; (iii) making regulations and guidelines for election-related activities; and (iv) making arrangements, in the main for polling and counting, for the conduct of the DC election on 28 November 1999; (b) supervising the conduct of the election; (c) dealing with complaints on election-related matters; and (d) reviewing all matters relating to the election.