LegCo law:
Secretary for Constitutional & Mainland Affairs Raymond Tam proposes legislators who resign should be barred from standing in by-elections.
Ban mooted for quitting legislators
January 20, 2012
Secretary for Constitutional & Mainland Affairs Raymond Tam has proposed legislators who resign should be barred from standing in by-elections for six months.
Tabling the plan at a press conference today, he said the Executive Council has endorsed the idea.
"We propose to prohibit a LegCo member returned by a geographical constituency, the District Council (second) functional constituency or any other functional constituency who has resigned from office from standing in any by-elections in the same LegCo term within six months of his resignation."
Several legislators resigned in 2010 and stood for election to fight for a referendum on universal suffrage.
Mr Tam said the proposal is lawful and constitutional because electors can exercise their right to vote in the by-election and the six-month ban is reasonable.
Other proposals include continuing to fill a vacancy arising mid-term by a by-election, and not applying the restriction to general elections.
Mr Tam said he hoped to complete the legislative process within the 2011-12 legislative year.
