Chief Executive Tung Chee-hwa had not breached election guidelines by omitting the cost of a victory party from his declaration of campaign expenses, the Electoral Commission said yesterday.
However, legislators accused the commission of blurring the guidelines and the Democrats vowed to raise the omission with Legco's constitutional affairs panel.
The cost of the reception at the Convention and Exhibition Centre on March 12 was not included in Mr Tung's election expenses made available for public scrutiny on Tuesday. The hour-long gathering was attended by about 1,400 supporters including members of the 800-strong Election Committee that selected Mr Tung.
Guidelines covering the Chief Executive election state that election expenses are incurred 'before, during or after an election' for the purpose of 'promoting' a candidate.
Breaching the guidelines is an offence punishable by a fine of up to $200,000 and imprisonment of up to three years. The guidelines are based on the Elections Corrupt and Illegal Conduct Ordinance, which covers all elections.
A spokeswoman for the commission said last night the ordinance stipulated that expenses only have to be declared if they apply to the promotion of a candidate. 'We have sought legal advice on it and it was concluded that it was unnecessary to declare it as the activity concerned was not for the purpose of promotion of candidature,' she said.