May 17, 2011

Vacancies arising mid-term in Legislative Council geographical constituencies or the new District Council (second) functional constituencies will be filled according to the result of the preceding general election, rather than holding by-elections.
 
Secretary for Constitutional & Mainland Affairs Stephen Lam announced the proposal today, saying, should a councillor resign mid-term, the candidate with the second-largest number of votes in the preceding general election will be returned.
 
He said the replacement mechanism is consistent with the proportional representation electoral system and will reflect the overall will of the electors expressed through the election.
 
It will also apply to vacancies caused by death or disqualification.
 
It does not apply to traditional functional constituencies, which will still require a by-election.
 
The proposal is set for implementation when the Legislative Council's fifth term starts on October 1, 2012.