Legislative Council election to set up port voting definition of "usually resident in Hong Kong" needs to be reviewed

Chief Executive Carrie Lam Cheng Yuet-ngor issued a statement on the Legislative Council election last Saturday (20th), stating that the Hong Kong government is working with the mainland authorities to finalize arrangements for Hong Kong residents from the mainland to vote at the port.

The Permanent Secretary of the Constitutional and Mainland Affairs Bureau Tang Renguang said on the same day that he is studying to allow voters to return to the Mainland without quarantine after they cast their votes at border polling stations.

Quarantine measures prevent voters from returning to Hong Kong to vote, and the government should assist them in exercising their voting rights.

In fact, if customs clearance is resumed that day, if they leave Hong Kong only for a short period of time, the government will also try to let them choose representatives.

The government has to reform the definition of "usually resident in Hong Kong" under the Legislative Council Ordinance in the long run to make it conform to the life pattern of Hong Kong people who travel frequently.

Deng Renguang explained at a symposium on improving the electoral system in Hong Kong that it is not feasible to set up voting stations in the Mainland because the current laws stipulate that voting can only be conducted within the territory.

Therefore, the port polling station is the only method that allows citizens to vote while reducing the risk of epidemic prevention.

Port voting arrangements are still a mystery

Needless to say, the number of voters living in the Mainland under the epidemic has been stranded for more than a year and have not been able to return to Hong Kong, or it has violated the requirements for voters to meet their usual residence requirements. However, since the epidemic is accidental and unexpected, the government allows them to stay at the port. Voting can be described as a special event.

At the beginning of the month, Lam Cheng mentioned that the government would have a registration procedure, and probably know the number of voters who wish to vote in order to arrange the number of open ports, and said that it would be announced as soon as possible.

Less than a month away from the election day, the government has not yet accounted for the progress. It is worrying whether the Registration and Electoral Office can prepare the ballot stations in an orderly manner and send out candidate promotional materials to voters.

The department has always delayed the counting of votes even for the elections of the Election Committee, which is conducted in the territory and has a small number of voters. It is hard to imagine that the Legislative Council elections will have to deal with port voters in addition to direct elections and functional constituencies. Can it be completed smoothly? , To ensure that the election is fair and just.

The Secretary for Constitutional and Mainland Affairs, Mr Tsang Kwok-wai, gave an explanation to supervisor-level staff of polling stations during the voting management training for the general election of the 2002 Legislative Council today (November 12).

Even if the general public accepts votes from mainland Hong Kong voters during the epidemic, will the public allow Hong Kong people who have lived outside for a long time to vote after the epidemic disappears?

Will Hong Kong voters in the Mainland and overseas be treated differently?

This is about "meeting the usual residence requirements", which is the qualification to become a voter.

The voting mode should keep pace with the times

The law does not define what is "usual".

The Constitutional Affairs Bureau said in 2012 that it would refer to past court precedents and deal with them individually.

Article 2 of the Immigration Ordinance stipulates that "if any person is temporarily absent from Hong Kong, it does not mean that the person no longer normally resides in Hong Kong." It depends on factors such as how long they have been away from Hong Kong, the reason for leaving Hong Kong, and their continued contact with Hong Kong. .

However, there is no general rule for a day, and it is difficult for the outside world to judge objectively.

Furthermore, the Registration and Electoral Office relies on registered and newly registered voters to conduct random checks. It does not rule out that someone stays in the register without being reviewed for many years.

The Legislative Council Secretariat has compared the electoral systems of major countries in the world. As far as the residence period is concerned, some such as Germany and the United Kingdom do not allow voters who have moved overseas for more than 25 and 15 years to vote. For example, Australia and New Zealand require voters to vote in six and three respectively Return to China at least once during the year to prove that voters maintain contact with the country.

The Hong Kong Government can also choose one of two directions to determine voting rights.

The voting arrangements for the Legislative Council election have become the focus.

The establishment has been keen to promote Hong Kong people in the Mainland to vote.

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On the other hand, a large number of Hong Kong people travel to and from overseas to do business and study. For voters who leave Hong Kong for a short period of time, whether they live in the Mainland or overseas, they should exercise the right to vote.

In this regard, the Hong Kong government must amend the law to allow overseas voting, while studying the advantages and disadvantages and feasibility of mail, overseas, and electronic voting. It can be implemented in the Greater Bay Area cities, the Mainland and overseas in stages, which will help increase the voter turnout rate.

From a more macro perspective, the right to vote is about citizenship.

In many countries and regions, citizens have the right to reside as well as the right to vote and be elected, while residents only have the right to reside.

It can be said that Hong Kong allows permanent residents to vote in the legislature.

In the long run, the Hong Kong Government should rebuild the power and responsibilities of all kinds of Hong Kong people. For example, the Legislative Council only retains referendums, but allows non-citizens to vote in district boards.

Legislative Council members have repeatedly asked the government to review the qualifications of overseas voters to vote, but the government has not taken it seriously until the election was caught off guard by the epidemic.

The government must learn its lesson, and it must be far-sighted and closely follow the lifestyle of Hong Kong people on political and people's livelihood issues.

The Legislative Council election is approaching. The government is not delaying the Legislative Council election. Can overseas voters vote?