Law revisions to the Chief Executive Election Ordinance will be tabled to lawmakers in March for endorsement by mid-May to ensure the smooth conduct of the 2007 Chief Executive election, the Constitutional Affairs Bureau says.
The bureau said while the political reform proposals were vetoed in December, the 2007 election will be held on the basis of the existing arrangements with the electorate base unchanged. But law amendments have to be made to address legal issues identified in the Constitutional Development Task Force's 5th Report and a situation where only one candidate is nominated.
Changes are needed to address the practical difficulties in implementing the "substantial connection" provision in relation to the District Council, the Chinese People's Political Consultative Conference and the Heung Yee Kuk subsectors.
Revision list
The proposed revisions are:
* if an election for a new five-year term CE will be held within six months after a vacancy in the office of the CE has arisen, it will not be necessary to hold a by-election. Before the new term CE takes up his office, the acting CE will continue to assume the duties of the CE;
* the Election Committee's term of office will commence on February 1 in a CE election year, while the elections for the committee could be held in December of the preceding year. If a by-election is required because a vacancy arises during the term of the CE, this will be dealt with by the original Election Committee. The new five-year term CE will be elected by a new term Election Committee;
* a new CE returned in a by-election may only serve for one more term after expiry of the remainder of the term, and the remaining term is counted as "a term";
* if only one CE candidate is validly nominated, Election Committee members may choose to "support" or "not support" the sole candidate when voting. The sole candidate should be returned at the election if the number of "support votes" he obtains constitutes more than half of the total number of valid votes cast. If the number of support votes obtained by the candidate falls short of more than half of the total valid votes cast, there should be a new round of nominations; and,
* only individuals who are members of district councils, Chinese People's Political Consultative Conference and Heung Yee Kuk may be members of the relevant Election Committee subsectors. When they cease to be members, they will also cease to be members of the relevant committee subsectors. A subsector by-election will be held, following existing legislative arrangements generally applicable for subsector by-election, to fill any such vacancy.
Amendments will also be made to reflect changes in the names of organisations and umbrella organisations which are eligible to be the electorate of the Election Committee. Organisations and umbrella organisations which have ceased to exist will have their names removed.
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