Wong Kam-fai Resigns | Legislative Council Changes to 89 Seats Again: Opinions Divided on Whether a By-election Is Needed. Scholar: It’s No Problem if There Are One or Two Fewer People

By the end of 2022, Huang Jinhui, who had joined the Legislative Council through a by-election, resigned after only half a year in office due to allegations including drunk driving. As a result, the Legislative Council again became 89 seats. The pro-establishment camp and academics disagree on whether a by-election should be held at this stage: some hope to hold a by-election as soon as possible, while others believe that using a large amount of public funds for a by-election because of an individual’s personal wrongdoing could trigger public backlash.

Huang Jinhui Resigns | Constitutional Affairs Bureau: Keep in Communication with the Electoral Affairs Commission and Consider By-election Arrangements in a Timely Manner Based on Actual Circumstances

When responding to our inquiry today (the 4th), a government spokesperson, as usual, only said that the government would maintain communication with the Electoral Affairs Commission and consider the relevant arrangements in a timely manner based on actual circumstances. It also said that the government would continue to work sincerely with the eighth Legislative Council, and that under the principles of an executive-led approach and “patriots governing Hong Kong,” the executive and legislative branches would build a better Hong Kong together.

Huang Jinhui Resigns | Lau Siu-kai Worries That Personal Misconduct Will Lead to Another By-election Funded by Large Amounts of Public Money, Possibly Triggering Social Backlash

Huang Jinhui resigned just half a year after taking office as a member of this Legislative Council session. Lau Siu-kai, a consultant of the National Hong Kong and Macau Studies Association, assessed that there would not be a by-election as a result. He said openly that after one person commits a serious fault and then another by-election is held using a large amount of public funds, it could lead to a social backlash. He believes that losing one or two people is not a problem—just as no by-election was held after the resignation of Wong Yuen-shan, a member from the Election Committee constituency in the previous cycle.

▲ After Huang Jinhui’s resignation, the Legislative Council will again become 89 seats. (File photo)

Huang Jinhui Resigns | Ip Lau Wai-yee Hopes for a By-election Soon; Tang Jiaxiu: Must Consider Factors Such as Legislative Council Operations

Ip Lau Wai-yee, convenor of the Executive Council and chairwoman of the New People’s Party, meanwhile hoped that a by-election would be held as soon as possible. She said the new term of the Legislative Council would only be operating for a few months, with still more than three years left. She believed that the scale of a Legislative Council by-election would not be too large and that the resource demand would not be too high. Another Election Committee member, who asked not to be named, said that if a by-election is to be held, it could be considered to be conducted concurrently with the Election Committee election in September, so as to save public funds.

Senior barrister and Executive Council member Tang Jiaxiu also supported a by-election. He said that there was still a considerable amount of time left in the term; however, a by-election would have to take into account factors such as the expenditure of public funds and the operation of the Legislative Council. He stressed that he would respect the approach of the Hong Kong SAR government.

Huang Jinhui Resigns | Executive Council Member: Consider It After the Hong Kong Government’s Leadership Change Next Year

There are also Executive Council members who believe that no by-election will be held at this stage, and instead it should be considered after next year’s change of term for the Hong Kong government—after which they can see whether any more members switch tracks to enter government service. Only then would another by-election be conducted.

In the last Legislative Council, a by-election was held on December 18, 2022, because three legislators switched tracks to become government officials. Huang Jinhui was among those who took part in the by-election then, advancing to become a member of the Election Committee constituency. On December 27 of the same year, Wong Yuen-shan, then a legislator from the Election Committee constituency, resigned after taking up the post of director of the Chief Executive’s Policy Unit, and the government did not conduct another by-election. When the Constitutional Affairs Bureau was asked repeatedly about when a by-election would be held, it only said it would consider the matter based on actual circumstances. Ultimately, the Legislative Council maintained 89 seats until the last term’s election.