************************************************************
The Government issued today (January 20) the Consultation Report on Arrangements for Filling Vacancies in the Legislative Council. The Consultation Report summarises the views received during the two-month public consultation period, and puts forward the latest proposal.
"Views received during the public consultation period indicate that more people consider that the phenomenon of Members resigning at will, triggering by-elections in which they seek to stand, is a loophole that needs to be plugged. However, some organisations and individuals hold different views. The community generally considers that by-election should be retained. Out of the four options set out in the Consultation Paper on Arrangements for Filling Vacancies in the Legislative Council (LegCo), Option 1 (i.e. restricting resigning Members from participating in any by-election in the same term) receives more support," a Government spokesperson said.
"Having carefully considered the views received, we propose to prohibit a LegCo Member returned by a geographical constituency (GC), the District Council (second) functional constituency (DC (second) FC) or any other functional constituency (FC) who has resigned from office from standing in any by-elections in all GCs, the DC (second) FC and other FCs in the same LegCo term within six months of his resignation."
The details of the proposal are as follows:
(a) A vacancy arising mid-term in a GC, the DC (second) FC or any other FC under Section 15 or Section 72 of the Legislative Council Ordinance (LCO) or Article 79 of the Basic Law would continue to be filled by a by-election;
(b) A Member returned by a GC, the DC (second) FC or any other FC who has resigned from office under Section 13 or Section 14 of the LCO would be prohibited from standing in any by-elections in all GCs, the DC (second) FC and other FCs in the same LegCo term within six months of his resignation; and
(c) The restriction would not apply to general elections. If the six-month prohibition spans over a current LegCo term and the following LegCo term, the prohibition will not be applicable to the by-elections in the following LegCo term.
It is an abuse of process for a Member to resign in order to trigger a by-election in which the Member intends to stand and seek re-election. This will have an adverse impact on the credibility of the electoral system. Apart from the manpower and financial resources involved, between a Member's resignation and the by-election, the LegCo will be deprived of the service of a Member, and the constituents will be deprived of the service of the Member as their representative.
After considering the community's responses to the proposal, we will brief the LegCo on the Administration's latest proposal within the 2011-12 legislative year. The LegCo will consider whether to accept the proposal. The Administration's plan is to complete the legislative process within the 2011-12 legislative year.
The Consultation Report is available at the website of the Constitutional and Mainland Affairs Bureau (www.cmab.gov.hk/en/issues/vacancies.htm) and will be available at the Public Enquiry Service Centres of District Offices on January 27.
Ends/Friday, January 20, 2012
Issued at HKT 18:18
NNNN