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October 20th, 2011:

The Political Parties, Elections and Referendums Bill – Donations

The manifesto on which the UK Government was elected in 1997 included three commitments

regarding party funding:

· to oblige political parties to declare the source of all donations above a minimum figure

· to ban foreign funding of political parties

· to ask the Committee on Standards in Public Life to consider how the funding of political

parties should be regulated and reformed

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Summary of main points
The Political Parties, Elections and Referendums Bill was presented on 21 December 1999
and is due to be debated on second reading on Monday 10 January 2000. This Research
Paper covers the provisions in the Bill relating to donations to political parties and party
finance in general. Two companion Research Papers are also available: RP 00/1 dealing with
the electoral aspects of the Bill, and RP 00/3 covering referendums and broadcasting aspects.
The manifesto on which the Government was elected in 1997 included three commitments
regarding party funding:
· to oblige political parties to declare the source of all donations above a minimum figure
· to ban foreign funding of political parties
· to ask the Committee on Standards in Public Life to consider how the funding of political
parties should be regulated and reformed
The Committee, under the chairmanship of Lord Neill of Bladen, reported in October 1998.
The Government’s subsequent White Paper included a draft Bill, which forms the basis of the
provisions in the Bill.
The main provisions of the Bill relating to the control of donations are:
· the publication of details of donations to political parties of £5,000 or more at national level,
and £1,000 at local level
· a ban on donations from outside the UK, from trust funds and from unknown sources
· a requirement for shareholder approval for company donations to parties
· requirements relating to party accounts and the reporting of donations
· control of donations to third parties, individual party members and member associations
· establishment of a Policy Development Fund, making grants available to political parties
· a reduction in the maximum qualifying period for overseas voters to 10 years
This paper examines the relevant provisions and also looks at related issues:
· party finance in general
· the question of public funding for political parties, including financial assistance to parties in
Parliament and the new devolved bodies in Scotland, Northern Ireland and Wales
· the case for and against tax relief on donations
· the honours system

Summary of main pointsThe Political Parties, Elections and Referendums Bill was presented on 21 December 1999and is due to be debated on second reading on Monday 10 January 2000. This ResearchPaper covers the provisions in the Bill relating to donations to political parties and partyfinance in general. Two companion Research Papers are also available: RP 00/1 dealing withthe electoral aspects of the Bill, and RP 00/3 covering referendums and broadcasting aspects.The manifesto on which the Government was elected in 1997 included three commitmentsregarding party funding:· to oblige political parties to declare the source of all donations above a minimum figure· to ban foreign funding of political parties· to ask the Committee on Standards in Public Life to consider how the funding of politicalparties should be regulated and reformedThe Committee, under the chairmanship of Lord Neill of Bladen, reported in October 1998.The Government’s subsequent White Paper included a draft Bill, which forms the basis of theprovisions in the Bill.The main provisions of the Bill relating to the control of donations are:· the publication of details of donations to political parties of £5,000 or more at national level,and £1,000 at local level· a ban on donations from outside the UK, from trust funds and from unknown sources· a requirement for shareholder approval for company donations to parties· requirements relating to party accounts and the reporting of donations· control of donations to third parties, individual party members and member associations· establishment of a Policy Development Fund, making grants available to political parties· a reduction in the maximum qualifying period for overseas voters to 10 yearsThis paper examines the relevant provisions and also looks at related issues:· party finance in general· the question of public funding for political parties, including financial assistance to parties inParliament and the new devolved bodies in Scotland, Northern Ireland and Wales· the case for and against tax relief on donations· the honours system

download PDF : RP00-2[1]

REGULATING POLITICAL PARTIES IN HONG KONG

Introduction
Since they emerged in the 1980s, Hong Kong political parties have struggled to
develop and establish themselves. They were discouraged by the British for most of
the period when they ran Hong Kong. To this day, political parties confront a range
of obstacles to healthy growth, including the denial of any governmental role to
parties based on electoral popularity, limited public support, the limited law-making
role allowed Legco, the negative impact of the functional constituency system, a selfchosen
preference for politics based primarily on opposition rather than policy
development and the watchful anxiety (especially in relation to pro-democracy parties)
of Beijing.
Limitations within the electoral-political-infrastructure (EPI) comprise one further
inhibiting factor. EPI reform is really a “stand-alone” issue, however. That is, it can
be looked at separately from the inhibiting factors noted above. It can also be
considered outside of the rather highly-charged debate about the pace of
democratization in the HKSAR. Hong Kong needs mature, stable, policy-focussed
political parties. EPI reform can help lay better foundations for the long-term
development of all parties in Hong Kong.
My view, based on a recent research report completed for Civic Exchange (Political
Party Development in Hong Kong (PPDEVHK Report))2 is that a new Political Party
Ordinance is not needed in Hong Kong to effect EPI reform. I believe we already
have a basically sound – though incomplete – EPI governing the conduct of elections
(and, indirectly, the operation of political parties) in the HKSAR. The way forward is
to build on these essentially positive foundations using a series of legislative and
related initiatives.
The PPDEVHK Report – which forms the basis for this submission – includes a
detailed, comparative review of the Australian experience with regulating elections
and political parties. The basic regulatory system in Australia is now over 100 years
old. It has been steadily improved over time and, unlike in the US, for example, it is
widely regarded by participants from all sides of politics as working well. This makes
it, comparatively, one of the most durable and successful, electoral-regulatory
systems in the world.

IntroductionSince they emerged in the 1980s, Hong Kong political parties have struggled todevelop and establish themselves. They were discouraged by the British for most ofthe period when they ran Hong Kong. To this day, political parties confront a rangeof obstacles to healthy growth, including the denial of any governmental role toparties based on electoral popularity, limited public support, the limited law-makingrole allowed Legco, the negative impact of the functional constituency system, a selfchosenpreference for politics based primarily on opposition rather than policydevelopment and the watchful anxiety (especially in relation to pro-democracy parties)of Beijing.Limitations within the electoral-political-infrastructure (EPI) comprise one furtherinhibiting factor. EPI reform is really a “stand-alone” issue, however. That is, it canbe looked at separately from the inhibiting factors noted above. It can also beconsidered outside of the rather highly-charged debate about the pace ofdemocratization in the HKSAR. Hong Kong needs mature, stable, policy-focussedpolitical parties. EPI reform can help lay better foundations for the long-termdevelopment of all parties in Hong Kong.My view, based on a recent research report completed for Civic Exchange (PoliticalParty Development in Hong Kong (PPDEVHK Report))2 is that a new Political PartyOrdinance is not needed in Hong Kong to effect EPI reform. I believe we alreadyhave a basically sound – though incomplete – EPI governing the conduct of elections(and, indirectly, the operation of political parties) in the HKSAR. The way forward isto build on these essentially positive foundations using a series of legislative andrelated initiatives.The PPDEVHK Report – which forms the basis for this submission – includes adetailed, comparative review of the Australian experience with regulating electionsand political parties. The basic regulatory system in Australia is now over 100 yearsold. It has been steadily improved over time and, unlike in the US, for example, it iswidely regarded by participants from all sides of politics as working well. This makesit, comparatively, one of the most durable and successful, electoral-regulatorysystems in the world.

Download PDF : PPREGN-HKSAR-LEGCOSUB-CIVEX-22005-20102011

Row over funding of court battles

South China Morning Post – Oct. 20, 2011

DAB points finger at Civic Party lawyers as it queries use of legal aid to pay for rising number of judicial reviews, often aimed at thwarting government plans

Clear the Air says:

The DAB should declare the sources of its $70m yearly funding and how it is used before casting aspersions.

The bridge will bring further pollution to Tung Chung whose poor air quality already exceeds USA., European and WHO standards.

The bridge is being built to connect Zhuhai domestic airport to the outside world via Chep Lap Kok.

The Airport Authority of Hong Kong (sole shareholder HK Government) controls 51% of the Zhuhai airport joint venture company.

Tens of millions of dollars in legal aid is being pumped into a mounting number of judicial review cases – many of them challenges to government policies. And that’s sparked a row about whether the fund is being abused for the benefit of lawyers.

In particular, pro-government politicians have questioned whether lawyers from the Civic Party made any gains from the court case that recently delayed the Hong Kong-Zhuhai-Macau bridge – drawing an angry rebuttal from the party.

The government would not disclose how much legal aid had been spent on judicial reviews, except to say that recent landmark cases including the bridge review and a domestic helper’s right-of-abode case had cost about HK$4 million so far.

Statistics from the Legal Aid Department’s annual reports show that HK$79 million was spent in 2009 on non-immigration-related judicial reviews, probate and money disputes, of which judicial reviews formed a majority. This was a jump of 23.4 per cent on the previous year.

In 2001, 20 of 147 applications for help with judicial reviews were approved. Last year, the department received 268 applications and approved 93. In a majority of the cases, the lawyers were nominated by the applicants, not legal aid officials.

The trend for more judicial reviews is part of a global trend in democratic countries.

The bridge case sparked controversy when applicant Chu Yee-wah said she was prompted by “unidentified parties” to challenge the bridge’s environmental impact assessment report, causing delays the government says will cost billions.

Ip Kwok-him, a lawmaker for the pro-government Democratic Alliance for the Betterment and Progress of Hong Kong, questioned yesterday whether legal aid was being abused.

“Is there any mechanism to stop someone from making money out of these judicial review cases?” he asked.

Civic Party lawmaker and barrister Audrey Eu Yuet-mee said such concerns were not justified, as many cases were related to public interest.

“It shows that the DAB has no clue of what rule of law is,” she said, and called the attack on the Civic Party a smear campaign.

Eu said the Legal Aid Department had very stringent processes to scrutinise applications and lawyers nominated by applicants were not always allowed. Asked why such cases were on the rise, she said it showed people trusted the courts more than the government.

Secretary for Home Affairs Tsang Tak-sing, meanwhile, said police were not investigating whether the bridge case involved champerty – where a person funds a case to win a portion of the benefits – because there had been no such complaint.

Benny Tai Yiu-ting, associate professor of law at the University of Hong Kong, said it would be very difficult to prove a lawyer was orchestrating litigation for personal gain, and it would be dangerous if anyone tried to “plug the loophole”.

“Unless you can prove that these lawyers were relying on such litigation for a living … it is difficult to say there is a case of champerty,” Tai said. “In fact, most senior counsels could possibly earn three to four times more than they get from legal aid cases because the Legal Aid Department caps attorneys’ hourly charges.”

Officials say the delay in the bridge could cost HK$6.5 billion.

Officials say the delay in the bridge could cost HK$6.5 billion.