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The Government issued today (July 22) the Consultation Paper on Arrangements for Filling Vacancies in the Legislative Council (LegCo) for a two-month public consultation.
"In order to provide more time to consider suggestions of LegCo Members and listen further to public views, we will collect views through various channels during the public consultation and will consider carefully views collected and decide whether the revised proposals of the Administration should be adjusted," a government spokesperson said.
"The consultation document sets out the existing replacement arrangement, major legislative provisions and practices of overseas jurisdictions. It also sets out four main options for the arrangements for filling of vacancies and whether a by-election should be held."
The four main options include:
Option 1: restricting resigning Members from participating in any by-election in the same term
Option 2: a replacement mechanism using the same candidate list followed by a precedence list system (the Administration's revised proposals)
Option 3: a replacement mechanism which does not cover causal vacancies arising from death, serious illness or other involuntary circumstances
Option 4: a replacement mechanism using the same candidate list, followed by leaving the seat vacant when the list is exhausted
The consultation document also explains the background and considerations concerning the need for reviewing the existing arrangement for filling vacancies. In January 2010, five LegCo Members from the five geographical constituencies (GCs) resigned to trigger territory-wide by-elections for the purpose of instigating a so-called "referendum". They stood in the by-elections and were all re-elected. The by-elections cost around $126 million and had a record low voter turnout rate of 17%.
Some consider that there is nothing inappropriate for a Member to resign and stand in the resulting by-election to convey a political message. On the other hand, many members of the public and different political parties considered the by-elections to be an unnecessary and significant drain on public resources. There is a large body of public opinion that the loophole should be plugged to prevent recurrence of similar incidents.
Having regard to the mischief arising from the resignations of the five Members and concerns of society, the Administration considers it necessary to plug the loophole. The Legislative Council (Amendment) Bill 2011 (the Bill) was gazette on June 3, 2011. Subsequently on June 28, 2011, the Administration announced some revisions to the proposals in the Bill. The revised proposals will apply to vacancies in GCs and the District Council (second) functional constituency (FC), but not other FCs, as the latter do not adopt the list proportional representation system.
The consultation document also points out that the Basic Law does not require that any causal vacancy of the Legislature must be filled by means of a by-election. By-election is not the only lawful means to fill a casual vacancy, and using a replacement mechanism would not amount to an unconstitutional deprivation of the right to vote or the right to stand for election merely because no by-election would be held. The Hong Kong Bill of Rights does not contain a requirement relating to by-election either. Since by-election is not mandatory, other options may be adopted provided that they are fair and reasonable, and pursue legitimate aims.
The consultation document is available at the Public Enquiry Service Centres of District Offices or the website of the Constitutional and Mainland Affairs Bureau (www.cmab.gov.hk/en/issues/vacancies.htm). Views on the consultation document can be sent to the Constitutional and Mainland Affairs Bureau by mail, facsimile or email on or before September 24, 2011:
Address: Constitutional and Mainland Affairs Bureau
Room 308, 3/F, Main Wing
Central Government Offices
Lower Albert Road
Hong Kong
Fax number: 2523 3207
E-mail address: afv_consultation@cmab.gov.hk
Ends/Friday, July 22, 2011
Public consultation on arrangements for filling vacancies in the Legislative Council
The Secretary for Constitutional and Mainland Affairs, Mr Stephen Lam, held a press conference today (July 22) to announce the Consultation Paper on Arrangements for Filling Vacancies in the Legislative Council and launch a two-month public consultation. The photo shows Mr Lam presenting the consultation paper at the press conference.
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