Hong Kong government bars campaign spending refunds for legislative candidates investigated for national security offences

The change comes after the pro-Beijing camp criticised any reimbursements to opposition figures as ‘channelling money to fund the anti-China elements’

Even if they are able to reclaim funds, candidates could be required to pay them back if they are later found to be ‘not entitled’

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The Chinese flag and the Hong Kong flag fly on masts outside the Legislative Council in Hong Kong. Photo: EPA

Published: 7:30am, 21 Apr 2021Updated: 8:07am, 21 Apr 2021

Candidates of delayed Legislative Council elections will not be refunded campaign expenses if they are being investigated for national security law breaches under revised Hong Kong government guidelines that critics condemn as a U-turn.

The government announced late last July in the middle of the nomination period it would postpone the elections scheduled for last September because of health risks posed by the coronavirus pandemic.

It said at the time candidates whose nominations were not invalidated by returning officers should be entitled to “receive a payment from the government in an amount equal to the declared election expenses”.

But the pro-Beijing camp criticised the reimbursements as “channelling money to fund the anti-China elements”.

Activist Henry Wong Pak-yu, a Yuen Long district councillor, declared he spent more than HK$4.8 million (US$617,800) during his campaign for a Legco seat in the district council (second) functional constituency. One of his pro-establishment rivals in the contest, Starry Lee Wai-king, reported an expense of about HK$2.65 million.

Activist Henry Wong spent more than HK$4.8 million during his campaign for a Legco seat. Photo: Handout

Wong was among the 55 activists from the opposition camp who were arrested for allegedly breaching the national security law in connection with their involvement in the pan-democrats’ so-called primary election last July. Wong should have been eligible for a refund under the original guidelines.

The revised guidelines on election claims state that “for the avoidance of doubt, if investigation or prosecution has been commenced against a candidate … for suspected breach of an offence contrary to the [national security law], the chief electoral officer must not release any payment to the candidate or list of candidates concerned until the final determination, abandonment or termination of the relevant investigation or judicial proceedings”.