Extension of Legislative Council｜Government: No intention to by-election before 2021 Legislative Council election

Political situation

Written by: Liang Zijie

2020-08-12 11:34

The Standing Committee of the National People's Congress unanimously passed the "Decision on Continued Performance of the Duties of the Sixth Legislative Council of Hong Kong" yesterday (11th), and all members of the current Legislative Council were extended for no less than one year. However, there are currently 4 seats in the Legislative Council vacant. The government stated that in order to meet the requirements of fairness and openness of the election and prevent the spread of the epidemic, at this stage, there is no plan to hold a by-election before the 2021 general election.

Government: Severe epidemic can easily lead to the risk of virus infection

The government stated that the EAC will consider arranging a by-election in consideration of the law and actual conditions, but said that due to the severe epidemic, holding a by-election will involve nearly 2.5 million voters, and voting on the same day will cause the risk of virus infection; and the gathering restriction order cannot hold gatherings, plus a large number of Voters stranded in the Mainland and overseas cannot return to Hong Kong to vote. At this stage, the authorities have no plans to conduct a by-election before the 2021 general election.

The Legislative Council Ordinance stipulates that by-elections for seats cannot be held within 4 months before the end of the current term of the Legislative Council. It is expected that the preparatory work for the by-election will take more than 6 months. Technically, the government can hold a by-election in the first quarter of next year. The New Territories East by-election held in February 2016 was similar.

At present, four seats in the Legislative Council are vacant, including two seats in the East of the New Territories, one seat in Hong Kong Island and one in the labor sector, respectively, because the citizens even Leung Kwok-hung swears to appeal the DQ dispute; the election petitions of Zhou Ting and Liu Wei-kuang are straight, Ou Nuoxuan and Fan Guowei lost his seat in the 2018 by-election; and He Qiming of the Federation of Trade Unions "turned the track" and became the deputy director of the Bureau of Labor and Welfare. The four seats have been suspended so far, leaving only 66 members in the current Legislative Council.

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Chen Kaixin was ruled improperly elected because of an appeal for a temporary guarantee seat. (Profile picture/Photo by Zhang Haowei)

Chen Kaixin was ruled improperly elected due to appeals

It is worth noting that Chen Kaixin, who was elected in the 2018 Legislative Council Kowloon West by-election, was also ruled as "unproperly elected" after the court ruled in May that the election petition filed by Liu Xiaoli was "unproperly elected", but Chen decided to apply to the Court of Final Appeal The appeal has not yet been scheduled for hearing, and the status of a member of the council can be temporarily retained. If Chen Kaixin loses, he will immediately lose his seat.

A spokesman for the Hong Kong Government stated that in accordance with the Oaths and Declarations Ordinance and the Rules of Procedure of the Legislative Council, members of the sixth term of the Legislative Council do not need to take another oath when they continue to perform their duties in the next year.

The Standing Committee of the National People's Congress unanimously passed the "Decision of the Standing Committee of the National People's Congress on the Continued Performance of the Functions of the Sixth Legislative Council of the Hong Kong Special Administrative Region."

Legislative Council election 2020 Legislative Council Feng Hua