Responding in a different way to the strategy of collective resignation in the five geographical constituencies, the opposition partisans seem to have come to the brink of strife. At first, the League of Social Democrats and the Civic Party openly expressed their support for the collective resignation, trying to pressure the Democratic Party to submit to the "Folk Resignation Plan".

The collective resignation is very germane to the interests of the taxpayers, as well as to the existing election system for the Legislative Council and relevant legal provisions. Indeed, the collective resignation in the five geographical constituencies is by no means a matter concerning not only one party or one faction, but also concerns the interests and benefits of all people in Hong Kong.

'Folk referendum': Having it on their own

There is no mechanism provided by the Basic Law for Hong Kong to hold a "referendum" on any issue in debate; as such, there is no legal ground for the opposition partisans to try to compel the government to submit to their cause by way of holding a "by-election". If they really want to hold a "folk referendum", I respect their stand; but they should use their own resources to stage such a "show". When the reasons for these opposition legislators' resignations are not that they are unable to discharge their duties as a result of illnesses or for having committed criminal offences, such as bribery, before the pan-democrat members' action, should there be a thorough discussion in the Legislative Council on how to regulate by-elections so that such a mechanism will not be easily abused?

Furthermore, the government will financially aid each candidate on the basis of HK$10 per ballot. Where legislators keep resigning and standing for by-elections, the government has to keep subsidizing expenses for holding by-elections.

Is it fair to the public or those parties who are not interested in the by-election game?

Secretary for Constitutional and Mainland Affairs Stephen Lam Sui-lung said earlier that the initial estimate of the expenses for holding by-elections in the five geographical constituencies was as high as HK$150 million. Does the public agree to spend such a huge sum of public money to satisfy a certain party's political purpose?

The expected term of office of four years is clear to voters as they vote for a particular candidate. Opposition partisans' arbitrarily resigning before the expiry of their terms not only involves a waste of taxpayers' money but also triggers voter resentment.

Loopholes abound in the existing system

Section 14 (1) of the Legislative Council Ordinance (Chapter 542) provides, "A member may, at any time, resign from office as a member by giving written notice of resignation to the Clerk to the Legislative Council". Moreover, Section 16 of the Ordinance further prescribes that "a person who ceases to be a member is, subject to section 39, eligible for re-election as a member", which is a legal loophole worthy of attention.

A legislator's seeking by-election for the same office immediately after resigning is not only challenging the existing electoral system, but is also creating instability in the four-year term of office system, which may happen over and over again.

Reviewing the mechanism of by-elections in line with the Basic Law

The collective resignation in the five geographical constituencies may set a dangerous precedent of allowing one legislator or a political party to arbitrarily play with by-elections and apply for resignation in each half-year or three months, which would overwhelm Hong Kong with election campaigns and nothing else.

This is not healthy. A detailed review of the existing election laws is urgently needed to plug these by-election loopholes.

The author is a legislator and associate professor of the School of Law, City University of Hong Kong

(HK Edition 01/14/2010 page1)