Administration's Further Response to Concerns raised
on 22 March 1999 by Members of the Bills Committee
on Elections (Corrupt and Illegal Conduct) Bill
||To provide some examples of how the term "election donation" is defined and used in other jurisdictions for members' reference.|
|A3||:||Please see Annex.
||A member has referred to the arrangement of the Hong Kong University of Science and Technology to deduct wages from its employees who are elected members, but not those who are appointed members. To advise whether the arrangement would be regarded as using duress (which is defined to include financial loss to a person in the Bill) to induce a person not to stand at an election and is therefore in breach of clause 8(1)(a) of the Bill.
||At its Council meeting on 25 March 1999, the Hong Kong University of Science and Technology has decided to revised its policy concerning deduction of salary for its employees who are serving as members of public bodies and earning a remuneration from such a service. The salary deduction policy now applies to both elected members and appointed members of those public bodies.
An employer has the right to decide whether or not to allow an employee to carry out his duties as a member of a public body during his working hours and whether the salary of the employee should be deducted. This would not be in breach of clause 8(1)(a) of the Bill.
Constitutional Affairs Bureau
12 April 1999