Elections 2021 | CAEAL ping-ponged with IAS on alleged gun-jumping campaigning

Although the Electoral Affairs Committee (CAEAL) has deemed that an act by a traditional association that was alleged to constitute campaigning ahead of schedule did not violate the law, its president noted it is ultimately the Social Welfare Bureau’s (IAS) authority to determine the act’s appropriateness.
A week or so ago, a traditional association was accused by certain members of the public of taking advantage of its publicly-funded elderly care hotline service to campaign ahead of the official campaign period.
After a committee plenary meeting yesterday, Justice Tong Hio Fong, president of the committee, deemed that the act did not constitute campaigning ahead of time, “because obtaining nominations must involve naming the concerned organization or list,” Tong said.
He added that the committee saw no promotional factor in the act, which according to the complainants constituted a violation, and so ruled in favor of the association.
At the occasion, a media organization disclosed that the IAS, when questioned about the matter, replied that it would follow the CAEAL’s judgment.
When questioned yesterday as to whether the act was appropriate, Tong said that it was within the IAS’ authority to determine the appropriateness.
The committee has previously required the media to conceal its online election campaign materials on the cool-down day. It was argued that the requirement is full of grey areas.
Tong insisted yesterday that it is a legal requirement to abide by this order. He further explained that the order only concerns campaigning materials and online platforms.
“I believe the media is more professional than me in differentiating a ‘report’ from a ‘promotion’,” the judge said.
When asked to elaborate, Tong cited the law, saying that if an article incites, expressly or implicationally, voters to vote for a particular group, the article may need to be concealed on the cool-down day.
Regarding the nomination process, the committee president disclosed that there will be a major change to the nomination form.
In previous elections, the nomination form was printed similarly to a petition collection form, with a cover page denoting the nominated list and empty pages that follow with grids for voters to sign their names.
Tong disclosed that the previous format was in need of refinement in order to reduce any possible loopholes.
As such, this year the nomination form will only have one page with details of the nominated list and a space for the nominating voter’s name, ID number and other necessary particulars.
Each voter can only nominate one list and other crucial legal requirements will also be printed on the nomination form. Nominating voters may need to make corresponding notes to declare that they have acknowledged the reminders and legal requirements. Tong remarked that once the declaration is made, the nominating voters may face criminal charges if suspected of any violation.
Tong reiterated that voters who have relocated to a new address should update their address with the committee “as soon as possible” and “on or before May 31” in order for the update to take effect, so that they will be assigned to a polling station in accordance with their updated addresses. Otherwise, polling station assignments will be made according to their old addresses.