The Hong Kong Bar Association says it is not convinced by the government's arguments to stop lawmakers who resign mid-term from standing in by-elections for six months.
It argues that the amended proposal would curtail the right of voters to elect their preferred candidates.
In a statement issued yesterday, the association urged the government to maintain the status quo and 'not introduce changes just for the sake of appearing to have introduced changes'.
The government proposed the latest amendment on the electoral law last month to ban lawmakers - regardless of whether they were elected in geographical or functional constituencies - from standing for re-election within six months of resigning. The proposed change is aimed at stopping lawmakers triggering by-elections for their own reasons and then getting re-elected.
It said the amendment was to stop what it labelled a 'mischief'' when five pan-democratic lawmakers in 2010 triggered by-elections in what they dubbed a de facto referendum on the pace and scope of democratisation.
But the association said it was not convinced the lawmakers' resignations would be regarded as a 'mishchief' in the eyes of the law and did not justify legislative intervention in a way as to interfere with a fundamental constitutional right.
Secretary for Constitutional and Mainland Affairs Raymond Tam Chi-yuen maintained yesterday that the government was confident the latest amendment could weather a legal challenge in the courts and gain support from lawmakers. He said the government had sought independent legal advice from Lord David Pannick QC - who said the plan had imposed 'mild, proportionate and reasonable restrictions' to prevent lawmakers abusing the system.