Hong Kong by-election, 2010
Encyclopedia
The 2010 Hong Kong by-election is an election held on 16 May 2010 in Hong Kong, triggered by the resignation of five pan-democrat Legislative Councillors in January of the same year.
Discussions among the pan-democrats commenced in July 2009 for five legislators to resign to force a territory-wide by-election. The plan, which they dubbed the Five Constituencies Referendum (五區公投/五區總辭), involved one pan-democratic legislator resigning from each of the five geographical constituencies, thereby triggering a by-election in which all Hong Kong citizens could participate. Although the Basic Law of Hong Kong does not provide for official referenda, the pan-democrats hope that by returning the resignees to the Legislative Council, on their manifesto of real political reform in Hong Kong and the abolition of functional constituencies
, the election can be seen as a de-facto referendum and an endorsement of these issues. The five LegCo members resigned their seats on 21 January 2010 with the by-election taking place on 16 May 2010. The vote count was finalised by 2 am on 17 May 2010. Following a boycott by the pro-government parties, the five who resigned were successfully returned to the Legislative Council by voters. The by-election has been criticised as a waste of taxpayers' money.
is elected by a 800-person election committee, consisting of appointees from four different sectors. The Legislative Council (LegCo) consists of 60 seats, 30 of which are geographical constituencies, subject to popular mandate; the remaining 30 seats are returned by functional Constituencies, which are elected by a much smaller pool of voters consisting of corporate bodies and workers in the various sectors. The 800 Election Committee
members are appointees. The existing electoral arrangement, which allows a person belonging to a stipulated sector to control more than one vote, has been denounced by Human Rights Monitor
as "highly corrupt".
Articles 45 and 68 of the Basic Law state that the Chief Executive and all members of LegCo shall eventually be elected by universal suffrage, while changes in election methods shall be in accordance with the principle of "gradual and orderly progress". According to Annex I and II of the Basic Law, the election method of the Chief Executive and the LegCo may be amended after 2007.
On 29 December 2007, the NPCSC
resolved that the Chief Executive and LegCo could be elected via universal suffrage in 2017 and 2020 respectively. The pan-democracy camp has become increasingly frustrated at the slow pace of reform. After the failure to achieve universal suffrage in 2007, the target of the pan-democrats has shifted to 2012; pro-Beijing camp stated its preference for 2017.
On 18 November 2009, based on the NPCSC decision, the Hong Kong Government published the Consultation Document on the Methods for Selecting the Chief Executive and for Forming the LegCo in 2012, which the Government said showed its determination to advance Hong Kong’s democratic development in 2012, and to pave way for universal suffrage elections of the Chief Executive and the Legislature as resolved by the NPCSC. The document said that in line with the principle of "gradual and orderly progress", the scope of political participation would be broadened and the democratic elements in the 2012 elections substantially increased; the administration proposed to enlarge the Election Committee for electing the Chief Executive, add ten new LegCo seats, of which five indirectly elected. The administration also proposed to give elected District Council members more seats on the Election Committee. Following the unveiling of the consultation document, Pan-democrats attacked the lack of genuine progress, saying that the proposals were but a rehash of, and in some respects worse than, the 2005 proposals which they vetoed. Anson Chan
commented on the lack of substance in the proposals: "The Hong Kong public is now left like someone pedalling a bicycle with no chain: the pedals spin round, but no forward progress is made."
(LSD) proposed resignations by pan-democrats from LegCo in late July 2009. Raymond Wong said that it would "give people the chance to say they don't want any undemocratic reform proposals short of full universal suffrage by 2012." They proposed that members from the pan-democracy camp resign according to the size of their caucus in LegCo: two members from Democratic Party
, one member from each the Civic Party
and the LSD, and one member from the four independent democrats, chosen by drawing lots, thereby creating a 'referendum effect'. They suggested timing the resignations to coincide with final reform proposal, after a public consultation exercise in late 2009; they also said that all three LSD legislators would resign if necessary.
revealed that a meeting was held to discuss the plan in or around September 2009 between Anson Chan
, Martin Lee
, Allen Lee
, and Szeto, brokered by Jimmy Lai, during which he voiced opposition to the "unworkable" plan; the others who attended the meeting appeared to have softened their stance subsequently.
In November 2009, Albert Ho
declared his opposition to the referendum plan, as his party was "elected to fight for the public." He added that the proposal would be voted on by party members on 13 December. Szeto Wah said the Democratic Party would not join in the resignations itself, but would support pan-democrats who stood for re-election. Martin Lee called on the other democrats to rethink their participation in the plan.
In December, the Democratic Party membership voted 229 voted against, 54 in favour and one abstention not to join the resignation plan after a four-hour debate; Martin Lee expressed his disappointment.
was initially lukewarm to the idea; it later responded with their "3-Stage Fight Plan for Universal Suffrage", which involves firstly negotiation with the government for a firm roadmap and timetable, Five Constituencies Resignation, and if that is not successful, mass resignation by all 23 democrats in Legco. Party co-founder Ronny Tong
opposed the plan, fearing the loss of veto if their numbers dwindled in the by-election. Tong was not confident of being able to mobilise sufficient voters to render meaningful effect to the so-called de facto referendum. He also feared that failing to get Beijing to agree to its demand after the first phase of protest would lead to all pan-democratic resignations from LegCo, which are likely to further split the pan-democratic camp. Around November 2009 there were disputes within the pan-democracy camp as to who would resign or not. Tong said he would not resign his seat in Legco if there was to be a mass resignation, but would instead leave the party he helped found.
chairman James Tien and Chan Yuen-han of the Federation of Trade Unions were looking to contest the by-elections.
said any "so-called referendum" would be inconsistent with Hong Kong's legal status and a "blatant challenge" to the Basic Law and the central government's authority. National People's Congress vice chairman and secretary general Li Jianguo
reiterated that view at the annual meeting of the Chinese People's Political Consultative Conference
in Zhuhai. The same day, both the central government and Hong Kong's Constitutional Affairs minister Stephen Lam
said a referendum on Hong Kong's electoral reform would be inconsistent with the Basic Law. Audrey Eu
, Civic Party lawmaker who is also a barrister, denied that the resignation scheme challenged the Basic Law and Beijing's authority, and insisted the scheme was legal. A government spokesman said they were obliged, by the Basic Law, to hold by-elections to fill vacant seats, but that any kind of referendum has no legal basis.
A number of local legal scholars have since expressed their opinion that a referendum would not be illegal nor inconsistent with the Basic Law: Albert Chen
, professor of law of the University of Hong Kong, said that the referendum was contrary to the spirit of the Basic Law, but it was not illegal and the pan-democrats could not be prosecuted for it; an assistant professor of law at HKU, rejected claims that a non-binding referendum would contravene the Basic Law. An editorial in the SCMP
said that while the Basic Law did not expressly rule out or permit referenda, Beijing's statement that the elections are unconstitutional has "dignified the ill-conceived resignation plan by treating it as a matter of constitutional significance."
Some have called for laws to be made to bar lawmakers from resigning without sound reasons in future: Barrister Alan Hoo Hong-ching urged the government to amend the law as soon as possible to prohibit legislators resigning unless they are "incapacitated." Priscilla Leung
said she planned to introduce a private member's bill into the Legislative Council soon, to limit the ability of members to resign, which Ronny Tong
said would contravene the Basic Law, and infringe upon the right to stand for elections protected under Article 26; he stated that it would be inconsistent with Article 74 for an individual legislator to table bills relating to the political structure. On 10 February, the constitutional affairs panel of LegCo passed a non-binding motion calling on the government to amend election bylaws, barring anyone who has resigned from standing for re-election. Basic Law Committee member Lau Nai-keung said that the government-friendly camp should not contest the by-elections to lend credibility to the campaign. He urged Legco president not to accept the resignations by the five lawmakers, not hold any by-elections to fill the vacancies, and "declare those lawmakers are no longer qualified for office if they are absent from meetings for three consecutive months without valid reasons."
has estimated that the by-elections would cost HK$150 million (US$19.3 million). The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) and the Liberal Party have not decided whether to approve the LegCo budget for the election. However, instead of making a separate appropriation request for the by-elections, the government provided for HK$159 million in its budget proposal, making it difficult for lawmakers to veto the funding.
Wong Kwok-hing of the Hong Kong Federation of Trade Unions moved the amendment to scrap the HK$147 million funding for the by-election, criticising the two parties for their "farce." The amendment was defeated by a 14-to-37 vote. It was supported by three HKFTU members, the DAB legislators, together with Paul Tse and Priscilla Leung, but voted down in both the functional and geographical constituencies. Albert Ho said it was merely a political expression testing public opinion, and challenged those loyal to Beijing, saying that they should support "upgrad[ing] it to a real referendum."
(NT West), Alan Leong
(Kowloon East), Tanya Chan
(Hong Kong Island), "Longhair" Leung Kwok-hung
(NT East) and Raymond Wong (Kowloon West), would resign their LegCo seats. The five resignations were submitted on 26 January 2010, with effect of 29 January 2010.
The five resigned pan-democrats had hoped to give a valedictory speech in the Legislative Council, but were prevented from doing so by a walk-out by pro-Beijing lawmakers, who denounced them as "those pushing for 'Hong Kong Independence'". Only 21 pan-democrat lawmakers and four government allies remained in the chamber following the walk-out – short of the 30 required for quorum
.
attacked the term saying it would set a dangerous precedent by misleading the public over the purpose of the by-elections. She said anyone who has studied Chinese history would know that the word "uprising" convey an image of revolution, blood, and violence and that it would make people think of social turmoil, hardship and chaos. Maria Tam
said an uprising usually refers to overthrowing the government through violence, and Former Secretary for Justice Elsie Leung
warned of anarchy. Ip Kwok-him, Deputy Chairman of the DAB, said the slogan was seditious; but Audrey Eu said it was an attempt to intimidate the Hong Kong people. Eu said that the 4 Chinese characters do not refer to a violent revolution and that the resignation is not a ploy to seek independence of Hong Kong; Raymond Wong emphasised it as a "peaceful uprising". Gordon Wu
said the Civic Party and the LSD were destabilising Hong Kong by resigning, and likened the call for people to rise up to action taken by red guards during the Cultural Revolution
. Wu said: "Uprising is something very thrilling - although we have not reached the stage of armed struggle." Organisers for the resigners dismissed the criticism as tactics aimed at dampening turnout for the by-elections.
A pan-democracy gathering held in Central on 27 January 2010 was attended by approximately 4,000 people, according to organisers; police gave the number at 1,900. The group also used a song from cantopop group Beyond
to sing about freedom. At one point they chanted repeatedly "Uprising, uprising, uprising...", while Albert Chan
shouted to the crowd loudly "Liberate Hong Kong" (解放香港).
Civic Party's Alan Leong
, celebrating his birthday on a street election campaign, said he was disappointed by several public remarks by Stephen Lam regarding the by-elections. Leong said Lam's remarks were a clear indication that the government had lost its supposedly neutral stance. In March, the LSD published an open letter condemning Ronny Tong for betraying his fellow pan-democrats (and not supporting the referendum plan), and bitterly attacked him personally. The Standard said the LSD was "doing its very best to rile Tong to create an imagery of confrontation between referendum advocates and pan-democratic moderates" in order to rekindle media interest.
Democratic Party elders Szeto Wah, Albert Ho and Martin Lee urged their supporters to vote in the by election; Lee said a blank vote it was preferable to no vote.
supported by 200 people took place on 28 March 2010 from University of Hong Kong campus to the government offices in Central. The protesters called for abolition of functional constituencies, blaming them for social inequalities. They also want real universal suffrage by 2012. There was also a minor confrontation between some protesters and police; one protester was arrested.
Students from the different HK universities formed a group called Tertiary 2012 (T12), and declared their aim to raise HK$250,000 to field one candidate for each vacant seat. The group, which have no formal alliance with other political parties, raised the necessary deposit from Internet donations and submitted their nomination papers on 1 April. The candidates all endorsed the cause of the Civic Party and the League of Social Democrats, but their platform consists of continuing to press for universal suffrage in both the chief executive and Legislative Council elections in 2012.
, said he might not vote and called the by-elections a "drama" during an interview with South China Morning Post
.
Audrey Eu
said that Tsang's remarks were inappropriate, and that judging from the Beijing's heavy-handed reactions, the de facto referendum would be a success. Wong Yuk-man, of the League of Social Democrats said any Tsang boycott may spark a bigger turnout at the polls. Ronny Tong asked whether Tsang had broken the law by declaring he might not vote.
Secretary for Home Affairs, Tsang Tak-sing
refused to make open his intention to vote or not, citing his reason as not knowing who would be the candidates, but admitted he would make a decision on whether to vote according to the government's political stance, branding the by-election a grave political incident and saying that government officials must have team spirit and act consistently.
Posters and banners for the by-election were a dull brown and pink, as a contrast to the orange and red of 2007, and lacked the incitement to vote. Stephen Lam said the government was fulfilling its duty to remind the 3.3 million voters to vote, but added: "We have already said the by-elections are unnecessary and the public has strong views about the HK$150 million cost."
Professor Lau Siu-kai, the head of the Central Policy Unit and the government's chief adviser, said the unit had conducted three surveys since the resignation, all of which consistently showed that more than half the 1,000 respondents polled opposed the 'referendum' campaign. Campaign organisers rejected Lau's claim, saying he famously underestimated attendance at the on 1 July 2003 protest march at 30,000.
responded to the referendum by saying, "There are political groups that have launched the so-called 'five constituencies referendum campaign,' even proposing sensational and extreme slogans like 'civic uprising' and 'liberating Hong Kong. This is a total violation of mainstream public opinion that wants stability, harmony and development."
A Taipei Times
editorial said it was inappropriate to use "stability, harmony, development" to justify the lack of democracy in the already stable, harmonious and developed Hong Kong. It was further said that it was even more ironic that Beijing claimed to know "mainstream public opinion" before a referendum has even been held.
(Liberal Party) said her party would work closely with DAB to field candidates in the by-elections. James Tien and his brother Michael
indicated their interest, but DAB vice-chairman Ip Kwok-him said there were divergent views within his party and that they would only take part in the by-elections if they are not seen as a referendum. Placed in a dilemma by the resignations and the subsequent statements from central government politicians, pro-government politicians could not contest the polls for fear of being seen by Beijing to condone the "unconstitutional act", they thus all planned to boycott it. Tam Yiu-chung, Chairman of the DAB, criticised the by-election as "a farce...It's a waste of taxpayers' money...It promotes social conflict..."
Chief Executive Donald Tsang announced, two days before polling day and after weeks of speculation, that he and his ministers would not vote in the by-elections. He said: "In view of the unique nature of this by-election and after careful consideration, I have decided not to vote in this by-election. All members of my political team share this view and, of their own accord, have also decided not to vote." He also said the government would seek to amend the election law to prevent such abuse in future.
Also breaking with tradition, Electoral Affairs Commission chairman Mr Justice Barnabas Fung refused to appeal to the electorate to vote, as a further sign that the government was trying actively to dampen the election atmosphere.
starting from Victoria Park
; Tanya Chan publicly said that she would not marry until HK gets universal suffrage. At a radio forum Commercial Radio held on 13 May about Sunday's by-election, candidate Lam Yi-lai accused Paul Tse of indecently assaulting her; she filed a complaint to the police.
Two days before polling day, 700 people attended a rally in Centenary Garden, Tsim Sha Tsui organised by the LSD and the Civic Party to urge people to vote. They said a higher turnout would place greater pressure on the government and Beijing to allow Hong Kong full democracy.
The 17% of HK's registered voter's votes, is considered to be a low turn up rate when compared to the previous record of 45.2% of registered voter's votes during the 2008 legco election
. The total number of votes is 572,521. Albert Chan, who made the "Liberate Hong Kong" (解放香港) comment, walked off with the most vote.
A professor of the Hong Kong University of Science and Technology
stated that the fact that 24% of the voters are under 30 years old when official static data the 20 to 29 age group is 14% of the whole population, showed that the young generation is keen to participate in Hong Kong politic. The under 30 age group had been active as volunteers in all the polling stations, as they are highly skilful in using cutting age internet tools such as mobile phone messages, Youtube, Twitter, Facebook, and Hong Kong public radio to encourage others to vote.
said it was indeed common for vacancies to be filled by a candidate who was next-in-line, but one who was on the specific list of the outgoing. He said that the proposal meant that a seat held by a small party (without a list) would automatically go to another party if its representative resigned or died, thereby entirely losing representation. The Bar Association issued three public warnings within 10 days of the first announcement of the plan, expressing concern over the constitutionality of the proposals, particularly the reasonableness on restrictions on the right to participation. Academics echoed the sentiments, and also brought to light the possibility, albeit slim, that the new mechanism may abet assassinations.
The government tabled a bill to amend current legislation for by-elections for 13 July. However, by late June, the bill's future looked in doubt when the Central Government Liaison Office suggested a re-think. On 28 June, the government revised its proposal stipulating replacement by an unsuccessful candidate on the same election ticket. Whilst pro-government legislators declared support for the revised plan in principle, Regina Ip stated that consultation would still be desirable. The government bowed to pressure and announced one week later that it would suspend reading of the bill for two months, pending consultations on the revised proposals.
Discussions among the pan-democrats commenced in July 2009 for five legislators to resign to force a territory-wide by-election. The plan, which they dubbed the Five Constituencies Referendum (五區公投/五區總辭), involved one pan-democratic legislator resigning from each of the five geographical constituencies, thereby triggering a by-election in which all Hong Kong citizens could participate. Although the Basic Law of Hong Kong does not provide for official referenda, the pan-democrats hope that by returning the resignees to the Legislative Council, on their manifesto of real political reform in Hong Kong and the abolition of functional constituencies
Functional constituency
In the political systems of Hong Kong and Macau, a functional constituency is a professional or special interest group involved in the electoral process...
, the election can be seen as a de-facto referendum and an endorsement of these issues. The five LegCo members resigned their seats on 21 January 2010 with the by-election taking place on 16 May 2010. The vote count was finalised by 2 am on 17 May 2010. Following a boycott by the pro-government parties, the five who resigned were successfully returned to the Legislative Council by voters. The by-election has been criticised as a waste of taxpayers' money.
Background
According to Annex II of the Basic Law of Hong Kong, the Chief Executive of Hong KongChief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
is elected by a 800-person election committee, consisting of appointees from four different sectors. The Legislative Council (LegCo) consists of 60 seats, 30 of which are geographical constituencies, subject to popular mandate; the remaining 30 seats are returned by functional Constituencies, which are elected by a much smaller pool of voters consisting of corporate bodies and workers in the various sectors. The 800 Election Committee
Election Committee
The Election Committee is an 800-member electoral college in the politics of Hong Kong. It was established by Annex I of the Basic Law of Hong Kong. This article defines the method of electing the Chief Executive. It is renewed every five years when the sitting Chief Executive's term has expired...
members are appointees. The existing electoral arrangement, which allows a person belonging to a stipulated sector to control more than one vote, has been denounced by Human Rights Monitor
Hong Kong Human Rights Monitor
Hong Kong Human Rights Monitor is a local non-governmental organization which was established in April 1995. It aims at promoting better human rights protection in Hong Kong in the aspect of legislation and people's everyday life....
as "highly corrupt".
Articles 45 and 68 of the Basic Law state that the Chief Executive and all members of LegCo shall eventually be elected by universal suffrage, while changes in election methods shall be in accordance with the principle of "gradual and orderly progress". According to Annex I and II of the Basic Law, the election method of the Chief Executive and the LegCo may be amended after 2007.
On 29 December 2007, the NPCSC
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
resolved that the Chief Executive and LegCo could be elected via universal suffrage in 2017 and 2020 respectively. The pan-democracy camp has become increasingly frustrated at the slow pace of reform. After the failure to achieve universal suffrage in 2007, the target of the pan-democrats has shifted to 2012; pro-Beijing camp stated its preference for 2017.
On 18 November 2009, based on the NPCSC decision, the Hong Kong Government published the Consultation Document on the Methods for Selecting the Chief Executive and for Forming the LegCo in 2012, which the Government said showed its determination to advance Hong Kong’s democratic development in 2012, and to pave way for universal suffrage elections of the Chief Executive and the Legislature as resolved by the NPCSC. The document said that in line with the principle of "gradual and orderly progress", the scope of political participation would be broadened and the democratic elements in the 2012 elections substantially increased; the administration proposed to enlarge the Election Committee for electing the Chief Executive, add ten new LegCo seats, of which five indirectly elected. The administration also proposed to give elected District Council members more seats on the Election Committee. Following the unveiling of the consultation document, Pan-democrats attacked the lack of genuine progress, saying that the proposals were but a rehash of, and in some respects worse than, the 2005 proposals which they vetoed. Anson Chan
Anson Chan
Anson Maria Elizabeth Chan Fang On-sang GBM GCMG CBE JP was a member of the Legislative Council of Hong Kong for Hong Kong Island, succeeding the late legislator Ma Lik....
commented on the lack of substance in the proposals: "The Hong Kong public is now left like someone pedalling a bicycle with no chain: the pedals spin round, but no forward progress is made."
LSD stance
The League of Social DemocratsLeague of Social Democrats
The League of Social Democrats or LSD is a radical pro-democratic political party in Hong Kong. Its declared purpose is to "take a clear-cut stand to defend the interests of the grassroots"...
(LSD) proposed resignations by pan-democrats from LegCo in late July 2009. Raymond Wong said that it would "give people the chance to say they don't want any undemocratic reform proposals short of full universal suffrage by 2012." They proposed that members from the pan-democracy camp resign according to the size of their caucus in LegCo: two members from Democratic Party
Democratic Party (Hong Kong)
The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745...
, one member from each the Civic Party
Civic Party
Civic Party is a liberal democratic political party in Hong Kong.The Civic Party is currently the third largest political party in the Legislative Council of Hong Kong, with five members securing seats in the 2008 Hong Kong Legislative Council elections...
and the LSD, and one member from the four independent democrats, chosen by drawing lots, thereby creating a 'referendum effect'. They suggested timing the resignations to coincide with final reform proposal, after a public consultation exercise in late 2009; they also said that all three LSD legislators would resign if necessary.
Democratic Party stance
Further to that, Szeto WahSzeto Wah
Szeto Wah was a politician of the pan-democracy camp of Hong Kong. He was formerly the chairman of The Hong Kong Alliance in Support of Patriotic Democratic Movements in China and a member of the Legislative Council from 1985 to 1997 and 1998 to 2004.Although the Hong Kong government prior to as...
revealed that a meeting was held to discuss the plan in or around September 2009 between Anson Chan
Anson Chan
Anson Maria Elizabeth Chan Fang On-sang GBM GCMG CBE JP was a member of the Legislative Council of Hong Kong for Hong Kong Island, succeeding the late legislator Ma Lik....
, Martin Lee
Martin Lee
Martin Lee , QC, SC, JP, was the founding chairman of the Democratic Party in Hong Kong. He was a directly-elected Member of the Legislative Council of Hong Kong for the Hong Kong Island geographical constituency...
, Allen Lee
Allen Lee
Allen Lee Peng Fei , CBE, JP, is a founding member of Liberal Party of Hong Kong, veteran Hong Kong politician, political programme radio host and TV host. Jonathan Dimbleby described him as a "weather vane" in his book The Last Governor.Lee was a senior member of the Legislative Council of Hong...
, and Szeto, brokered by Jimmy Lai, during which he voiced opposition to the "unworkable" plan; the others who attended the meeting appeared to have softened their stance subsequently.
In November 2009, Albert Ho
Albert Ho
Albert Ho Chun-yan . He is currently secretary general of the Hong Kong Alliance in Support of Patriotic Democratic Movements in China and chairman of the Democratic Party. He is a solicitor and a member of the Legislative Council of Hong Kong....
declared his opposition to the referendum plan, as his party was "elected to fight for the public." He added that the proposal would be voted on by party members on 13 December. Szeto Wah said the Democratic Party would not join in the resignations itself, but would support pan-democrats who stood for re-election. Martin Lee called on the other democrats to rethink their participation in the plan.
In December, the Democratic Party membership voted 229 voted against, 54 in favour and one abstention not to join the resignation plan after a four-hour debate; Martin Lee expressed his disappointment.
Civic Party stance
The Civic PartyCivic Party
Civic Party is a liberal democratic political party in Hong Kong.The Civic Party is currently the third largest political party in the Legislative Council of Hong Kong, with five members securing seats in the 2008 Hong Kong Legislative Council elections...
was initially lukewarm to the idea; it later responded with their "3-Stage Fight Plan for Universal Suffrage", which involves firstly negotiation with the government for a firm roadmap and timetable, Five Constituencies Resignation, and if that is not successful, mass resignation by all 23 democrats in Legco. Party co-founder Ronny Tong
Ronny Tong
Ronny Tong Ka-wah QC, SC is a Senior Counsel and current member of the Legislative Council of Hong Kong , representing the New Territories East constituency. He is also a member of the Civic Party Executive Committee....
opposed the plan, fearing the loss of veto if their numbers dwindled in the by-election. Tong was not confident of being able to mobilise sufficient voters to render meaningful effect to the so-called de facto referendum. He also feared that failing to get Beijing to agree to its demand after the first phase of protest would lead to all pan-democratic resignations from LegCo, which are likely to further split the pan-democratic camp. Around November 2009 there were disputes within the pan-democracy camp as to who would resign or not. Tong said he would not resign his seat in Legco if there was to be a mass resignation, but would instead leave the party he helped found.
Pro-Beijing parties' stance
In November the Liberal PartyLiberal Party (Hong Kong)
Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum...
chairman James Tien and Chan Yuen-han of the Federation of Trade Unions were looking to contest the by-elections.
Constitution and legal
On 15 January 2010, the State Council's Hong Kong and Macau Affairs OfficeHong Kong and Macao Affairs Office
Hong Kong and Macao Affairs Office is an administrative agency of the State Council of the People's Republic of China responsible for promoting cooperation and coordination of political, economic and cultural ties between mainland China and the special administrative regions of Hong Kong and Macao...
said any "so-called referendum" would be inconsistent with Hong Kong's legal status and a "blatant challenge" to the Basic Law and the central government's authority. National People's Congress vice chairman and secretary general Li Jianguo
Li Jianguo
Li Jianguo is a politician of the People's Republic of China, and former Party chief of Shaanxi and Shandong Provinces...
reiterated that view at the annual meeting of the Chinese People's Political Consultative Conference
Chinese People's Political Consultative Conference
The Chinese People's Political Consultative Conference [], shortened as 人民政协, Rénmín Zhèngxié, i.e. "People's PCC"; or just 政协, Zhèngxié, i.e. "The PCC"), abbreviated CPPCC, is a political advisory body in the People's Republic of China...
in Zhuhai. The same day, both the central government and Hong Kong's Constitutional Affairs minister Stephen Lam
Stephen Lam
Stephen Lam Sui-lung GBS JP is the Chief Secretary for Administration of Hong Kong and formerly Secretary for Constitutional and Mainland Affairs....
said a referendum on Hong Kong's electoral reform would be inconsistent with the Basic Law. Audrey Eu
Audrey Eu
Yuet Mee Audrey Eu , LLB, LLM, SC, JP is a member of the Legislative Council of Hong Kong and the former leader of the Civic Party.-Education and legal career:...
, Civic Party lawmaker who is also a barrister, denied that the resignation scheme challenged the Basic Law and Beijing's authority, and insisted the scheme was legal. A government spokesman said they were obliged, by the Basic Law, to hold by-elections to fill vacant seats, but that any kind of referendum has no legal basis.
A number of local legal scholars have since expressed their opinion that a referendum would not be illegal nor inconsistent with the Basic Law: Albert Chen
Albert Chen
Albert Hung Yee Chen is a legal scholar in Hong Kong. He was the immediate past Dean of the Faculty of Law of the University of Hong Kong, where he currently serves as the Chan Professor in Constitutional Law.-History:...
, professor of law of the University of Hong Kong, said that the referendum was contrary to the spirit of the Basic Law, but it was not illegal and the pan-democrats could not be prosecuted for it; an assistant professor of law at HKU, rejected claims that a non-binding referendum would contravene the Basic Law. An editorial in the SCMP
South China Morning Post
The South China Morning Post , together with its Sunday edition, the Sunday Morning Post, is an English-language Hong Kong newspaper, published by the SCMP Group with a circulation of 104,000....
said that while the Basic Law did not expressly rule out or permit referenda, Beijing's statement that the elections are unconstitutional has "dignified the ill-conceived resignation plan by treating it as a matter of constitutional significance."
Some have called for laws to be made to bar lawmakers from resigning without sound reasons in future: Barrister Alan Hoo Hong-ching urged the government to amend the law as soon as possible to prohibit legislators resigning unless they are "incapacitated." Priscilla Leung
Priscilla Leung
Priscilla Leung Mei-fun is a Legislative Councillor, representing the Kowloon West constituency. She is also a member of Kowloon City District Council...
said she planned to introduce a private member's bill into the Legislative Council soon, to limit the ability of members to resign, which Ronny Tong
Ronny Tong
Ronny Tong Ka-wah QC, SC is a Senior Counsel and current member of the Legislative Council of Hong Kong , representing the New Territories East constituency. He is also a member of the Civic Party Executive Committee....
said would contravene the Basic Law, and infringe upon the right to stand for elections protected under Article 26; he stated that it would be inconsistent with Article 74 for an individual legislator to table bills relating to the political structure. On 10 February, the constitutional affairs panel of LegCo passed a non-binding motion calling on the government to amend election bylaws, barring anyone who has resigned from standing for re-election. Basic Law Committee member Lau Nai-keung said that the government-friendly camp should not contest the by-elections to lend credibility to the campaign. He urged Legco president not to accept the resignations by the five lawmakers, not hold any by-elections to fill the vacancies, and "declare those lawmakers are no longer qualified for office if they are absent from meetings for three consecutive months without valid reasons."
Funding
The Constitutional and Mainland Affairs BureauConstitutional and Mainland Affairs Bureau
The Constitutional and Mainland Affairs Bureau is an agency of the Government of Hong Kong responsible for the implementation of the Basic Law. The bureau is the intermediary between the HKSAR Government and the Central People's Government and other Mainland authorities under the principles of...
has estimated that the by-elections would cost HK$150 million (US$19.3 million). The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) and the Liberal Party have not decided whether to approve the LegCo budget for the election. However, instead of making a separate appropriation request for the by-elections, the government provided for HK$159 million in its budget proposal, making it difficult for lawmakers to veto the funding.
Wong Kwok-hing of the Hong Kong Federation of Trade Unions moved the amendment to scrap the HK$147 million funding for the by-election, criticising the two parties for their "farce." The amendment was defeated by a 14-to-37 vote. It was supported by three HKFTU members, the DAB legislators, together with Paul Tse and Priscilla Leung, but voted down in both the functional and geographical constituencies. Albert Ho said it was merely a political expression testing public opinion, and challenged those loyal to Beijing, saying that they should support "upgrad[ing] it to a real referendum."
Resignation
On 21 January 2010, it was announced that Albert ChanAlbert Chan
The Honourable Albert Wai-yip Chan , born 3 March 1955 in Hong Kong) is a member of the Legislative Council of Hong Kong representing the New Territories West constituency, except for the periods 1997-2000 and Jan-May 2011. Chan is also a member of the Tsuen Wan District Council...
(NT West), Alan Leong
Alan Leong
Kah Kit Alan Leong , SC is a member of the Hong Kong Legislative Council, representing the Kowloon East geographical constituency and leader of the Civic Party. He is also vice-chairperson of the Independent Police Complaints Council.-Early career:...
(Kowloon East), Tanya Chan
Tanya Chan
Tanya Chan Suk-chong is a Legislative Councillor and is a member of the Central and Western District Council of Hong Kong...
(Hong Kong Island), "Longhair" Leung Kwok-hung
Leung Kwok-hung
Leung Kwok-hung , also known as Long Hair , is a member of the Legislative Council of Hong Kong , a founding member of the League of Social Democrats and a democratic political activist.-Biography:Leung is a self-proclaimed Trotskyist and a member of April Fifth Action, a radical socialist...
(NT East) and Raymond Wong (Kowloon West), would resign their LegCo seats. The five resignations were submitted on 26 January 2010, with effect of 29 January 2010.
The five resigned pan-democrats had hoped to give a valedictory speech in the Legislative Council, but were prevented from doing so by a walk-out by pro-Beijing lawmakers, who denounced them as "those pushing for 'Hong Kong Independence'". Only 21 pan-democrat lawmakers and four government allies remained in the chamber following the walk-out – short of the 30 required for quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
.
Actions and comments of the pro-democracy camp
Campaign slogan and advertisement by LSD and Civic party calling for "uprising of the people" (全民起義), attracted media attention and the ire of Beijing. Reception of the slogan was particularly negative by the pro-Beijing camp. Rita FanRita Fan
Rita Fan Hsu Lai-tai GBM GBS CBE JP was the President of the Legislative Council of Hong Kong after the transfer of sovereignty from the United Kingdom in 1997. She was the first woman to hold that position....
attacked the term saying it would set a dangerous precedent by misleading the public over the purpose of the by-elections. She said anyone who has studied Chinese history would know that the word "uprising" convey an image of revolution, blood, and violence and that it would make people think of social turmoil, hardship and chaos. Maria Tam
Maria Tam
Maria Tam Wai-Chu, GBS, CBE, JP is a barrister by profession and a contributor in the public domain of Hong Kong. An alumna of St. Paul's Co-educational College, she received her legal education at the University of London and subsequently became a member of Gray’s Inn, London...
said an uprising usually refers to overthrowing the government through violence, and Former Secretary for Justice Elsie Leung
Elsie Leung
Elsie Leung Oi-sie, GBM JP, was the Secretary for Justice of Hong Kong from 1997 to 2005, and was a member of the Executive Council of Hong Kong. She was succeeded by Wong Yan Lung, SC, on 20 October 2005.-Education:...
warned of anarchy. Ip Kwok-him, Deputy Chairman of the DAB, said the slogan was seditious; but Audrey Eu said it was an attempt to intimidate the Hong Kong people. Eu said that the 4 Chinese characters do not refer to a violent revolution and that the resignation is not a ploy to seek independence of Hong Kong; Raymond Wong emphasised it as a "peaceful uprising". Gordon Wu
Gordon Wu
Sir Gordon Ying Sheung Wu, GBS, KCMG, FICE is the chairman of the board of Hong Kong-listed Asian infrastructure firm Hopewell Holdings Ltd.Born in Hong Kong in 1935, Wu has been an advocate for more than two decades for the construction of Asia's largest bridge project linking Hong Kong, Macau...
said the Civic Party and the LSD were destabilising Hong Kong by resigning, and likened the call for people to rise up to action taken by red guards during the Cultural Revolution
Cultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
. Wu said: "Uprising is something very thrilling - although we have not reached the stage of armed struggle." Organisers for the resigners dismissed the criticism as tactics aimed at dampening turnout for the by-elections.
A pan-democracy gathering held in Central on 27 January 2010 was attended by approximately 4,000 people, according to organisers; police gave the number at 1,900. The group also used a song from cantopop group Beyond
Beyond (band)
Beyond was a rock band formed in Hong Kong in 1983. The band became prominent in Hong Kong, Taiwan, Japan, Singapore, Malaysia. They were also very popular in mainland China. The band was, and still is, widely considered as the most successful and influential Cantonese band from Hong Kong...
to sing about freedom. At one point they chanted repeatedly "Uprising, uprising, uprising...", while Albert Chan
Albert Chan
The Honourable Albert Wai-yip Chan , born 3 March 1955 in Hong Kong) is a member of the Legislative Council of Hong Kong representing the New Territories West constituency, except for the periods 1997-2000 and Jan-May 2011. Chan is also a member of the Tsuen Wan District Council...
shouted to the crowd loudly "Liberate Hong Kong" (解放香港).
Civic Party's Alan Leong
Alan Leong
Kah Kit Alan Leong , SC is a member of the Hong Kong Legislative Council, representing the Kowloon East geographical constituency and leader of the Civic Party. He is also vice-chairperson of the Independent Police Complaints Council.-Early career:...
, celebrating his birthday on a street election campaign, said he was disappointed by several public remarks by Stephen Lam regarding the by-elections. Leong said Lam's remarks were a clear indication that the government had lost its supposedly neutral stance. In March, the LSD published an open letter condemning Ronny Tong for betraying his fellow pan-democrats (and not supporting the referendum plan), and bitterly attacked him personally. The Standard said the LSD was "doing its very best to rile Tong to create an imagery of confrontation between referendum advocates and pan-democratic moderates" in order to rekindle media interest.
Democratic Party elders Szeto Wah, Albert Ho and Martin Lee urged their supporters to vote in the by election; Lee said a blank vote it was preferable to no vote.
Student actions
A democracy protest organised by the Hong Kong Federation of StudentsHong Kong Federation of Students
Hong Kong Federation of Students is the biggest student organization in Hong Kong. It is formed by the students' union of 7 tertiary education institutions. It has 51,779 members as of March 2006...
supported by 200 people took place on 28 March 2010 from University of Hong Kong campus to the government offices in Central. The protesters called for abolition of functional constituencies, blaming them for social inequalities. They also want real universal suffrage by 2012. There was also a minor confrontation between some protesters and police; one protester was arrested.
Students from the different HK universities formed a group called Tertiary 2012 (T12), and declared their aim to raise HK$250,000 to field one candidate for each vacant seat. The group, which have no formal alliance with other political parties, raised the necessary deposit from Internet donations and submitted their nomination papers on 1 April. The candidates all endorsed the cause of the Civic Party and the League of Social Democrats, but their platform consists of continuing to press for universal suffrage in both the chief executive and Legislative Council elections in 2012.
Response from Hong Kong Government officials
Chief Executive, Donald TsangDonald Tsang
Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong....
, said he might not vote and called the by-elections a "drama" during an interview with South China Morning Post
South China Morning Post
The South China Morning Post , together with its Sunday edition, the Sunday Morning Post, is an English-language Hong Kong newspaper, published by the SCMP Group with a circulation of 104,000....
.
Audrey Eu
Audrey Eu
Yuet Mee Audrey Eu , LLB, LLM, SC, JP is a member of the Legislative Council of Hong Kong and the former leader of the Civic Party.-Education and legal career:...
said that Tsang's remarks were inappropriate, and that judging from the Beijing's heavy-handed reactions, the de facto referendum would be a success. Wong Yuk-man, of the League of Social Democrats said any Tsang boycott may spark a bigger turnout at the polls. Ronny Tong asked whether Tsang had broken the law by declaring he might not vote.
Secretary for Home Affairs, Tsang Tak-sing
Tsang Tak-sing
Tsang Tak Sing, JP is the Secretary for Home Affairs of Hong Kong. Formerly an adviser to the Central Policy Unit, he assumed office on 1 July 2007, replacing Patrick Ho. He is the younger brother of Jasper Tsang, who was the legislative councillor and former chairman of the Democratic Alliance...
refused to make open his intention to vote or not, citing his reason as not knowing who would be the candidates, but admitted he would make a decision on whether to vote according to the government's political stance, branding the by-election a grave political incident and saying that government officials must have team spirit and act consistently.
Posters and banners for the by-election were a dull brown and pink, as a contrast to the orange and red of 2007, and lacked the incitement to vote. Stephen Lam said the government was fulfilling its duty to remind the 3.3 million voters to vote, but added: "We have already said the by-elections are unnecessary and the public has strong views about the HK$150 million cost."
Professor Lau Siu-kai, the head of the Central Policy Unit and the government's chief adviser, said the unit had conducted three surveys since the resignation, all of which consistently showed that more than half the 1,000 respondents polled opposed the 'referendum' campaign. Campaign organisers rejected Lau's claim, saying he famously underestimated attendance at the on 1 July 2003 protest march at 30,000.
Response from Chinese officials
CPC Hong Kong liaison office head Peng QinghuaPeng Qinghua
Peng Qinghua is a politician of the People's Republic of China and the current vice director of the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region....
responded to the referendum by saying, "There are political groups that have launched the so-called 'five constituencies referendum campaign,' even proposing sensational and extreme slogans like 'civic uprising' and 'liberating Hong Kong. This is a total violation of mainstream public opinion that wants stability, harmony and development."
A Taipei Times
Taipei Times
The Taipei Times is one of the three major English-language newspapers in the Republic of China the other two being the Taiwan News and The China Post...
editorial said it was inappropriate to use "stability, harmony, development" to justify the lack of democracy in the already stable, harmonious and developed Hong Kong. It was further said that it was even more ironic that Beijing claimed to know "mainstream public opinion" before a referendum has even been held.
Boycott
In late January Miriam LauMiriam Lau
Miriam Lau Kin Yee, GBS, OBE, JP , former married name Miriam Lau Lau Kin Yee, is a member of the Legislative Council of Hong Kong , representing the transport industry functional constituency...
(Liberal Party) said her party would work closely with DAB to field candidates in the by-elections. James Tien and his brother Michael
Michael Tien
Michael Puk Sun Tien is deputy chairman of New People's Party, and the member of Tsuen Wan District Council. He is founder of The G2000 Group and the former chairman of the board of the Kowloon-Canton Railway Corporation . He joined the Liberal Party in 2008, a party led by his elder brother,...
indicated their interest, but DAB vice-chairman Ip Kwok-him said there were divergent views within his party and that they would only take part in the by-elections if they are not seen as a referendum. Placed in a dilemma by the resignations and the subsequent statements from central government politicians, pro-government politicians could not contest the polls for fear of being seen by Beijing to condone the "unconstitutional act", they thus all planned to boycott it. Tam Yiu-chung, Chairman of the DAB, criticised the by-election as "a farce...It's a waste of taxpayers' money...It promotes social conflict..."
Chief Executive Donald Tsang announced, two days before polling day and after weeks of speculation, that he and his ministers would not vote in the by-elections. He said: "In view of the unique nature of this by-election and after careful consideration, I have decided not to vote in this by-election. All members of my political team share this view and, of their own accord, have also decided not to vote." He also said the government would seek to amend the election law to prevent such abuse in future.
Also breaking with tradition, Electoral Affairs Commission chairman Mr Justice Barnabas Fung refused to appeal to the electorate to vote, as a further sign that the government was trying actively to dampen the election atmosphere.
Candidates
The following people have entered for the by-election.| Geographical Constituency | Candidate | Group/Affiliation | Remark |
|---|---|---|---|
| New Territories East | Leung Kwok-hung Leung Kwok-hung Leung Kwok-hung , also known as Long Hair , is a member of the Legislative Council of Hong Kong , a founding member of the League of Social Democrats and a democratic political activist.-Biography:Leung is a self-proclaimed Trotskyist and a member of April Fifth Action, a radical socialist... |
League of Social Democrats League of Social Democrats The League of Social Democrats or LSD is a radical pro-democratic political party in Hong Kong. Its declared purpose is to "take a clear-cut stand to defend the interests of the grassroots"... |
Resigned LegCo councillor |
| Crystal Chow Ching (周澄) | Tertiary 2012 | CUHK Chinese University of Hong Kong The Chinese University of Hong Kong is a research-led university in Hong Kong.CUHK is the only tertiary education institution in Hong Kong with Nobel Prize winners on its faculty, including Chen Ning Yang, James Mirrlees, Robert Alexander Mundell and Charles K. Kao... student |
|
| Chan Kwok-keung (陳國強) | Independent | Not to be confused with another Chan Kwok-keung (陳國強) who was a LegCo councillor during 1998 to 2000 | |
| Wu Sai-chuen (胡世全) | Independent | Ex-DAB | |
| New territory West | Albert Chan Albert Chan The Honourable Albert Wai-yip Chan , born 3 March 1955 in Hong Kong) is a member of the Legislative Council of Hong Kong representing the New Territories West constituency, except for the periods 1997-2000 and Jan-May 2011. Chan is also a member of the Tsuen Wan District Council... |
League of Social Democrats League of Social Democrats The League of Social Democrats or LSD is a radical pro-democratic political party in Hong Kong. Its declared purpose is to "take a clear-cut stand to defend the interests of the grassroots"... |
Resigned LegCo councillor |
| Kwok Wing-kin, Steven (郭永健) | Tertiary 2012 | HKU student | |
| Chow Ping-tim (鄒秉恬) | Independent | Councillor, Tsuen Wan District Tsuen Wan District Tsuen Wan District is one of the 18 districts of Hong Kong. It is located in the New Territories and is served by the Tsuen Wan Line of the MTR metro system. It had a population of 275,527 in 2001... Candidate in the same constituency in 1998 Hong Kong legislative election, 1998 The 1998 Hong Kong legislative election for members of the Legislative Council of Hong Kong was held on 24 May 1998. The elections returned 20 members from directly elected geographical constituencies and 30 members from functional constituencies, of which 10 were uncontested.-Geographical... , 2004 Hong Kong legislative election, 2004 The 2004 Hong Kong legislative election for members of the Legislative Council of Hong Kong was held on 12 September 2004. The elections returned 30 members from directly elected geographical constituencies and 30 members from functional constituencies, of which 11 were unopposed.-General... & 2008 Hong Kong legislative election, 2008 The 2008 Hong Kong legislative election was held on 7 September 2008 for the 4th Legislative Council since the establishment of the Hong Kong Special Administrative Region. There are 60 seats in the 4th Council, with 30 Members elected by geographical constituencies through direct elections, and... |
|
| Li Sai-hong, Raymond (李世鴻) | Independent | Ex-LSD | |
| Li Kwai-fong (李桂芳) | Independent | Ex-DP Democratic Party (Hong Kong) The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745... Councillor, Tuen Mun District Tuen Mun District Tuen Mun District is one of the 18 administrative districts of Hong Kong. Its name was previously 'Tsing Shan' and it changed in the 1970s. It is the westernmost continental district of Hong Kong, located about 32 km from the Kowloon Peninsula, 7 km southwest of Yuen Long and 18 km... |
|
| Kowloon East | Alan Leong Alan Leong Kah Kit Alan Leong , SC is a member of the Hong Kong Legislative Council, representing the Kowloon East geographical constituency and leader of the Civic Party. He is also vice-chairperson of the Independent Police Complaints Council.-Early career:... |
Civic Party Civic Party Civic Party is a liberal democratic political party in Hong Kong.The Civic Party is currently the third largest political party in the Legislative Council of Hong Kong, with five members securing seats in the 2008 Hong Kong Legislative Council elections... |
Resigned LegCo councillor |
| Luke Lai King-fai (黎敬輝) | Tertiary 2012 | CUHK student | |
| Du Sen (杜森) | Independent | Candidate in Hong Kong Chief Executive election, 1996 Hong Kong Chief Executive election, 1996 The first ever Hong Kong chief executive election was held on 11 December 1996. Since Hong Kong was then a British colony, election for the first Chief Executive of the Hong Kong Special Administrative Region of the People's Republic of China was held by the People's Republic of China authorities... |
|
| Kowloon West | Raymond Wong | League of Social Democrats League of Social Democrats The League of Social Democrats or LSD is a radical pro-democratic political party in Hong Kong. Its declared purpose is to "take a clear-cut stand to defend the interests of the grassroots"... |
Resigned LegCo councillor |
| Napoleon Wong Weng-chi (黃永志) | Tertiary 2012 | CUHK student | |
| Chiang Sia-cheong, Ringo (蔣世昌) | Independent | Ex-LP Liberal Party (Hong Kong) Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum... Ex-councillor, Kowloon City District Kowloon City District Kowloon City District is one of the 18 districts of Hong Kong. It is located in Kowloon. It had a population of 381,352 in 2001. The district has the third most educated residents while its residents enjoy the highest income in Kowloon.... Candidate in the same constituency in 1998 Hong Kong legislative election, 1998 The 1998 Hong Kong legislative election for members of the Legislative Council of Hong Kong was held on 24 May 1998. The elections returned 20 members from directly elected geographical constituencies and 30 members from functional constituencies, of which 10 were uncontested.-Geographical... |
|
| Pamela Peck | Independent | ||
| Shea Kai-chuen, Wilson (佘繼泉) | Independent | Kowloon West New Dynamic; Vice-chairman, Hong Kong Small and Medium Enterprises Association |
|
| Kwok Shiu-ming (郭兆明) | Independent | ||
| Cheung Kum-hung (張錦雄) | Independent | Ex-LSD | |
| Lam Yi-lai (林依麗) | Independent | Candidate in the same constituency in 2008 Hong Kong legislative election, 2008 The 2008 Hong Kong legislative election was held on 7 September 2008 for the 4th Legislative Council since the establishment of the Hong Kong Special Administrative Region. There are 60 seats in the 4th Council, with 30 Members elected by geographical constituencies through direct elections, and... |
|
| Hong Kong Island | Tanya Chan Tanya Chan Tanya Chan Suk-chong is a Legislative Councillor and is a member of the Central and Western District Council of Hong Kong... (陳淑莊) |
Civic Party Civic Party Civic Party is a liberal democratic political party in Hong Kong.The Civic Party is currently the third largest political party in the Legislative Council of Hong Kong, with five members securing seats in the 2008 Hong Kong Legislative Council elections... |
Resigned LegCo councillor |
| David Lee Chun-hung (李振雄) | Independent | ||
| Leung Wing-ho (梁永浩) | Tertiary 2012 | HKPolyU Hong Kong Polytechnic University The Hong Kong Polytechnic University specialises in professional education in Hong Kong. The University’s teaching units are grouped under six faculties and two schools; the Faculty of Applied Science and Textiles, Faculty of Business, Faculty of Construction and Environment, Faculty of... student |
|
| "Bus Uncle" Roger Chan Yuet-tung (陳乙東) | Independent | ||
| Wong Hing (黃興) | Independent | ||
| Spencer Tai Cheuk-yin Tai Cheuk-yin Leslie Spencer Tai Cheuk-yin , commonly known as Tai Cheuk-yin , is the last chairman of the pro-Republic of China Hongkongese political organisation 123 Democratic Alliance.... (戴卓賢) |
Independent | Guomintang Ex-councillor, Central and Western District Central and Western District The Central and Western District located on northern part of Hong Kong Island is one of the 18 administrative districts of Hong Kong. It had a population of 261,884 in 2001... |
Pre-election events
On 2 May, about 3,000 people participated in a March for universal suffrage2010 March for universal suffrage
The 2010 March for universal suffrage was a march held in Hong Kong on May 2, 2010. The event occurred on the second day of the Shanghai 2010 expo. It came a day after the neighboring 2010 Macau labour protest.-Protest:...
starting from Victoria Park
Victoria Park, Hong Kong
Victoria Park is a public park in Hong Kong, named after Queen Victoria of the United Kingdom. It is located in Causeway Bay, on the north of Hong Kong Island, between Causeway Bay and Tin Hau MTR stations...
; Tanya Chan publicly said that she would not marry until HK gets universal suffrage. At a radio forum Commercial Radio held on 13 May about Sunday's by-election, candidate Lam Yi-lai accused Paul Tse of indecently assaulting her; she filed a complaint to the police.
Two days before polling day, 700 people attended a rally in Centenary Garden, Tsim Sha Tsui organised by the LSD and the Civic Party to urge people to vote. They said a higher turnout would place greater pressure on the government and Beijing to allow Hong Kong full democracy.
Results
| HONG KONG ISLAND (1 seat) | ||||
| Candidate Number | Candidate | Votes Received | | Result |
||||
| 1 | TAI Cheuk-yin Leslie Spencer | 3,144 | 2.8 | |
| 2 | LEUNG Wing-ho | 2,715 | 2.4 | |
| 3 | CHAN Tanya | 103,564 | 92.7 | Elected |
| 4 | WONG Hing | 799 | 0.7 | |
| 5 | LEE Chun-hung David | 1,542 | 1.4 | |
| 111,764 | 100.0 | |||
| Kowloon West (九龍西) (1 seat) | ||||
| Candidate Number | Candidate | Votes Received | % | Result |
| 1 | LAM Yi-lai | 1,069 | 1.2 | |
| 2 | CHEUNG Kam-hung Kenneth | 1,869 | 2.1 | |
| 3 | WONG Weng-chi | 3,429 | 3.8 | |
| 4 | PECK Wan-kam Pamela | 16,640 | 18.7 | |
| 5 | KWOK Shiu-ming | 91 | 0.1 | |
| 6 | SHEA Kai-chuen | 2,517 | 2.8 | |
| 7 | CHIANG Sai-cheong | 3,109 | 3.5 | |
| 8 | WONG Yuk-man | 60,395 | 67.8 | Elected |
| 89,119 | 100.0 | |||
| Kowloon East (九龍東) (1 seat) | ||||
| Candidate Number | Candidate | Votes Received | | Result |
||||
| 1 | LAI King-fai | 6,630 | 7.5 | |
| 2 | LEONG Kah-kit Alan | 82,066 | 92.5 | Elected |
| 88,696 | 100.0 | |||
| New Territories West (新界西) (1 seat) | ||||
| Candidate Number | Candidate | Votes Received | | Result |
||||
| 1 | CHOW Ping-tim | 3,276 | 2.4 | |
| 2 | KWOK Wing-kin | 6,192 | 4.6 | |
| 3 | LI Sai-hung (Raymond) | 2,475 | 1.8 | |
| 4 | CHAN Wai-yip (Albert) | 109,609 | 81.7 | Elected |
| 5 | LI Kwai-fong | 12,555 | 9.4 | |
| 134,107 | 100.0 | |||
| New Territories East (新界東) (1 seat) | ||||
| Candidate Number | Candidate | Votes Received | | Result |
||||
| 1 | LEUNG Kwok-hung | 108,927 | 73.2 | Elected |
| 2 | CHOW Ching Crystal | 17,260 | 11.6 | |
| 3 | CHAN Kwok-keung (James) | 7,310 | 4.9 | |
| 4 | WU Sai-chuen | 2,783 | 1.9 | |
| 5 | LI Kwai-fong | 12,555 | 8.4 | |
| 148,835 | 100.0 | |||
| source: Hong Kong Government | ||||
The 17% of HK's registered voter's votes, is considered to be a low turn up rate when compared to the previous record of 45.2% of registered voter's votes during the 2008 legco election
Hong Kong legislative election, 2008
The 2008 Hong Kong legislative election was held on 7 September 2008 for the 4th Legislative Council since the establishment of the Hong Kong Special Administrative Region. There are 60 seats in the 4th Council, with 30 Members elected by geographical constituencies through direct elections, and...
. The total number of votes is 572,521. Albert Chan, who made the "Liberate Hong Kong" (解放香港) comment, walked off with the most vote.
A professor of the Hong Kong University of Science and Technology
Hong Kong University of Science and Technology
The Hong Kong University of Science and Technology is a public university located in Hong Kong. Established in 1991 under Hong Kong Law Chapter 1141 , it is one of the nine universities in Hong Kong.Professor Tony F. Chan is the president of HKUST...
stated that the fact that 24% of the voters are under 30 years old when official static data the 20 to 29 age group is 14% of the whole population, showed that the young generation is keen to participate in Hong Kong politic. The under 30 age group had been active as volunteers in all the polling stations, as they are highly skilful in using cutting age internet tools such as mobile phone messages, Youtube, Twitter, Facebook, and Hong Kong public radio to encourage others to vote.
Plugging the loophole
In mid-May 2011, the government, which considered the resignations leading to de facto referendum 'abusive' and a waste of resources, revealed its plan to do away with by-elections entirely. Unveiling the proposal, Secretary for Constitutional and Mainland Affairs Stephen Lam cited the practice elsewhere: "In some countries where the proportional representation (PR) system is adopted, by-elections are not used to fill vacant seats arising mid-term." According to the plan, a Legislative Council seat in any geographical constituency or one of the five newly-created district council 'superconstituencies' vacated by the resignation or death of a legislator would be filled by a 'leapfrog' mechanism by the next best placed candidate at the previous election. The plan attracted criticism from Pan-Democrats; even pro-government figures in the legislature expressed reservations about the workability of the plan. A researcher in Britain's Electoral Reform SocietyElectoral Reform Society
The Electoral Reform Society is a political pressure group based in the United Kingdom which promotes electoral reform. It is believed to be the oldest organisation concerned with electoral systems in the world.-Aims:...
said it was indeed common for vacancies to be filled by a candidate who was next-in-line, but one who was on the specific list of the outgoing. He said that the proposal meant that a seat held by a small party (without a list) would automatically go to another party if its representative resigned or died, thereby entirely losing representation. The Bar Association issued three public warnings within 10 days of the first announcement of the plan, expressing concern over the constitutionality of the proposals, particularly the reasonableness on restrictions on the right to participation. Academics echoed the sentiments, and also brought to light the possibility, albeit slim, that the new mechanism may abet assassinations.
The government tabled a bill to amend current legislation for by-elections for 13 July. However, by late June, the bill's future looked in doubt when the Central Government Liaison Office suggested a re-think. On 28 June, the government revised its proposal stipulating replacement by an unsuccessful candidate on the same election ticket. Whilst pro-government legislators declared support for the revised plan in principle, Regina Ip stated that consultation would still be desirable. The government bowed to pressure and announced one week later that it would suspend reading of the bill for two months, pending consultations on the revised proposals.
See also
- David Davis by-election campaign, 2008
- Democratic development in Hong Kong
- Northern Ireland by-elections, 1986Northern Ireland by-elections, 1986The 1986 Northern Ireland by-elections were fifteen by-elections held on 23 January 1986, to fill vacancies in the Parliament of the United Kingdom caused by the resignation in December 1985 of all sitting Unionist Members of Parliament...
- Resignation from the British House of CommonsResignation from the British House of CommonsMembers of Parliament sitting in the House of Commons in the United Kingdom are technically forbidden to resign. To circumvent this prohibition, a legal fiction is used...