Dear Ms. Wong,
Re: Dismissal of election complaint for Annual Election 2013
1. I am writing on behalf of the Union Elections Committee, HKUSU Council, Session 2012 in response to your complaint lodged to our Committee dated 14 January 2013.
2. In short, your complaint concerns about whether some of the nominations for Popularly Elected Union Councillors (“PC”) are valid under the Union Election Regulation (the “Regulation”). In the following part, reasons will be provided as to why your complaint is not with grounds and ought to be DISMISSED.
A. Legislative intention of the restriction in the Regulation
3. Under the rationale of current electoral system for Annual Election, each proposer and seconder shall only nominate candidate(s) up to the maximum number of vacancies for each sort of officer bearers. For example, since there is only one post for Union President, each proposer and seconder can only nominate maximum one candidate for it. Nominations of 2 candidates for Union presidency by same proposer and seconder do not only cause the change of electoral method (preference voting to be used instead of showing confidence to candidates) but also beyond political and common sense (since only one place available).
4. However, in case of multiple vacancies for the same type of officer bearer (such as PC), with 10 vacancies in total, each proposer and seconder shall be allowed to nominate 10 Full Members of the Union for PC election in maximum and it is for the electors to decide if these candidates can be elected or not. There is no reason to set a restriction for each proposer and seconder to nominate only one candidate in PC, which is the reasoning alleged by you. Our Committee regards that the Election Regulation is not intended to restrict Full Members’ rights to propose and second only one candidate in maximum for election of PC and ‘post’ shall therefore be confined to mean each particular vacancy for any official under Union Constitution Section VI Article 1.
5. In our Committee’s belief, the restriction in the Regulation for not allowing each proposer and seconder to nominate for more than one nominee for one post is to avoid each proposer and seconder to nominate candidates exceeding number of vacancy, which in essence causes competition between candidates and changes the electoral method to preference voting.
6. Having 10 posts for PC election, only if each proposer and seconder nominates 11 or more PC candidates (which is over the maximum number of PC vacancies), the nominations would be invalid.
B. Conclusion on your complaint
7. Based on the above reasons, since each proposer and seconder has not nominated more than 10 candidates for all 10 posts available in PC election, NO nomination received by our Committee is invalid. As a result, your complaint shall be DISMISSED.
Regards,
Or Man Chun
Chairperson
Union Elections Committee
HKUSU Council
Session 2012
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