The government's latest suggestions on how to fill a Legislative Council vacancy after a resignation are largely constitutional but still face possible legal challenges, a law professor says.
But pan-democrat lawmakers say all four proposals laid out in the government's two-month consultation exercise, which began yesterday, may breach the Basic Law.
Under one option, a lawmaker who resigns will be barred from taking part in a by-election for the rest of the term.
Another option would fill a vacancy with the running mate of a departing legislator or, failing that, the leading candidate from the runner-up lists. But a by-election would be held if no one could fill the seat automatically.
A third option would be to hold a by-election for a vacancy resulting from death or serious illness.
Under the fourth option, the Legco seat would be left vacant if running mates of the departing legislator were unable to fill the seat.
In the consultation paper, issued in response to a public outcry over a plan to scrap by-elections, the government describes the resignations of five legislators last year that triggered by-elections as 'mischief'.
