Last may be first in Legco reform
Contenders who won few votes in their bid for a seat on the Legislative Council might be preferred to fill midterm vacancies over rival candidates who won more votes than they did, if the government's latest legislative reform proposal goes into effect.
Secretary for Justice Wong Yan-lung dismissed concerns over unfairness that might created by the proposal, saying such 'absurd situations' would 'arise only under very rare circumstances'.
Under the government's plan, released on Tuesday, when all the running mates of an outgoing lawmaker refuse or are ineligible to take up the vacant seat, each defeated candidate who placed top of their respective tickets will be considered as possible replacements, while those who were placed second or lower on the winning ticket will not be on the list even if their ticket had many more votes.
Take the results of the 2008 election as an illustration.
After that election, the League of Social Democrats' 'Long Hair' Leung Kwok-hung resigned. The Liberal Party's top-placed candidate James Tien Pei-chun, whose ticket got 28,875 ballots, would be offered the seat under this new proposal, because Leung had no running mate.
Those after Tien on the reserve candidate list were: independent Scarlett Pong Oi-lan (20,455 votes), independent Alvin Lee Chi-wing (4,007 votes) and Jimmy Siu See-kong (1,129 votes), head of the five-member Party for Civic Rights and Livelihood of People of Hong Kong who was well known for performing a 'rice bowl dance' in his campaign. The latter two forfeited their election deposits because each of their tickets had secured less than 3 per cent of all valid votes in the constituency.
Tien's party colleague Terry Kan Wing-fai, however, would not be eligible to replace Leung, even though his ticket got 25 times more votes than Siu's.
Kowloon West provides another example.
If People's Power lawmaker Wong Yuk-man resigns and his running-mate Jo Lee Wai-yee does not accept his office, the Civic Party's Claudia Mo Man-ching (17,259 votes) will be asked to take up the seat.
Similar to the above case, her refusal would mean Michael Tien Puk-sun, a Liberal Party member at the time of the election and now vice-chairman of the New People's Party (13,011 votes), unionist Lau Chin-shek (10,553 votes) and five contestants who lost their election deposits would be in line.
This would mean former socialite Lam Yi-lai, who got 590 ballots, could be a replacement lawmaker under the mechanism, while Mo's running mate Ng Yuet-lan would be ruled out although her ticket had secured 29 times more ballots than Lam.
As he met the media last night, the justice minister insisted such an outcome would occur only rarely.
'Some say that there will be absurd situations arising, when candidates with extremely few votes could take over Legco seats. We don't think unusual circumstances are bound to arise. The mechanism gives ample opportunity for candidates on the same ticket as the departing legislator to take over the seats,' Wong said.
'Some opine that there will be unreasonable outcomes. This is based on very unusual assumptions, such as two lawmakers on the same ticket in the same constituency both departing in the same term.
'I understand that this has never happened.'
Who's eligible
On the reserve list
New Territories East
Jimmy Siu See-kong (Party for the Civil Rights and Livelihood of the People of Hong Kong) Votes for ticket: 1,129
Kowloon West
Lam Yi-lai (Independent) Votes for ticket: 590
Not on the list
Terry Kan Wing-fai (Liberal) Votes for ticket: 28,875
Ng Yuet-lan (Civic Party) Votes for ticket: 17,259
Source: Electoral Affairs Commission
How they are expected to vote
For (20): DAB 9, FTU 4, Economic Synergy 4, Abraham Razack, Philip Wong Yu-hong, Chim Pui-chung
Against (24): Pan-democrats 23, Paul Tse Wai-chun
Undecided (13): Liberal Party 3, Patrick Lau Sau-shing, Regina Ip Lau Suk-yee, Lam Tai-fai, Samson Tam Wai-ho, Chan Kin-por, Chan Mo-po, Li Fung-ying, David Li Kwok-po, Leung Ka-lau, Timothy Fok Tsun-ting
Unavailable for comment (2): Raymond Ho Chung-tai, Priscilla Leung Mei-fun
