Legislative Council

LC Paper No. AS 2/98-99

Ref: AM 12/01/12

Paper for the House Committee Meeting on 6 July 1998

Motion on Election of Members of
The Legislative Council Commission and their Term of Office

Purpose

This paper presents to the House Committee a motion to be introduced into the Legislative Council setting out the manner of election and term of office of members of The Legislative Council Commission.

Background

2. Section 4(1) of The Legislative Council Commission Ordinance (Cap 443) provides that the Commission shall consist of, in addition to the President of the Legislative Council, and the Chairman and Deputy Chairman of the House Committee of the Council, not more than 10¹ members elected, in such manner as the Council may determine, by and from amongst Members of the Council. Section 4(2) further provides that the Council may by resolution amend the maximum number of non ex-officio members of the Commission. An extract of the relevant provisions of the Ordinance is in Appendix I.

3. In addition, under section 5(4) of the Ordinance, the term of office of members elected shall be such period not exceeding one year as may be determined by the Council.

4. On 18 October 1995, the former Legislative Council passed a resolution that election of members of the Commission should be held at a meeting of the House Committee, the date of which shall be appointed by the House Committee. The term of office should be one year from the date of election or until the House Committee meeting held for the next election of Commission members, or until the next dissolution of the Council, whichever is the earlier.

5. Consequent upon amendments to the Ordinance made in July 1997 which changed, inter alia, the maximum number of non ex-officio members to be elected under section 4(1)(e) from eight to 10, it is necessary to pass a new resolution to determine the number of members of the Commission. The opportunity is also taken to seek Members' views on the arrangements for the election to The Legislative Council Commission for the 1998-99 session and subsequent elections.

Proposal for the Next and Subsequent Elections

6. It is proposed that the next election of the Commission members be held as soon as possible at a House Committee meeting, in the manner set out as follows. The procedure should also apply to subsequent elections unless and until the Council determines otherwise.

Number of Members and Term of Office

7. Under section 4(1)(e) of the Ordinance, no more than 10 members shall be elected. Unless otherwise determined by the Council, their term of office shall be one year from the date of election or until the House Committee meeting held for the next election of Commission members, or until the next dissolution of the Council, whichever is the earlier.

Manner of Election

8. A circular will be issued by the Legislative Council Secretariat at least seven days before the election calling for written nominations from Members (nomination form in Appendix II). Each nomination should be proposed by one Member and seconded by another. Nominations should reach the Secretariat at least three clear days before the election. If the number of written nominations received by the deadline is less than 10, nominations may be called from the floor at the meeting of the House Committee at which the election is conducted. In the final event that the total number of nominations received is less than or equal to 10, the nominees shall be declared duly elected.

9. If there are more than 10 nominations, voting will be conducted by secret ballot. Each Member will be issued with a ballot paper and invited to elect no more than 10 members from the nominees. A ballot paper containing more than 10 votes will be regarded as null and void. The election will be conducted in accordance with the "first-past-the-post" system of election, i.e. the 10 candidates who get the highest number of votes will be declared elected.

10. Further round(s) of voting by secret ballot will be conducted in respect of those nominees receiving the same number of votes until all the vacancies are filled.

Recommendations

11. If Members are agreeable to the proposal set out in paragraphs 6 - 10 above, it is recommended that the Chairman of the House Committee will move the motion in Appendix III at the Council meeting on 8 July 1998. Subject to the Council's approval by resolution, election of Commission members will be held at the House Committee meeting on 17 July 1998.

Advice Sought

12. Members are invited to endorse the recommendations in paragraph 11.

Legislative Council Secretariat
July 1998

1. The number of members to be elected under section 4(1)(e) of the Ordinance was changed from eight to 10 as a result of an amendment to the Ordinance effective from 1 July 1997.

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Appendix II

(To be returned by 13 July 1998)

To :	Mrs Angela Lee Principal Assistant Secretary (Administration) Legislative Council Secretariat Legislative Council Building 8 Jackson Road Hong Kong

Fax No. : 2845 2444

Nomination of Members for
Election to The Legislative Council Commission

Nomination Form

(To be completed by the nominating Member)

I wish to nominate ___________________ for election to The Legislative Council Commission.

(To be completed by the Member seconding the above nomination)

I second the above nomination.

(To be completed by the nominee)

I accept the above nomination.

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Appendix III

THE LEGISLATIVE COUNCIL COMMISSION ORDINANCE

RESOLUTION

(Determination made under sections 4(1)(e) and 5(4)
of The Legislative Council Commission Ordinance (Cap 443))

RESOLVED that with effect from 8 July 1998 the membership of The Legislative Council Commission, the election of members thereof and their term of office, be determined as follows :

Membership

1. In accordance with section 4(1)(e) of The Legislative Council Commission Ordinance ("the Ordinance"), the maximum number of members to be elected shall be 10.

Manner of election

2. An election of members referred to in section 4(1)(e) of the Ordinance shall be held at a meeting of the House Committee, the date of which ("election date") shall be appointed by the House Committee.

3. The Legislative Council Secretariat shall issue a circular and a nomination form to the Members of the Legislative Council at least seven clear days before the election date, inviting nominations to be made.

4. Each nomination form shall be for the nomination of one Member and shall be signed by one Member as the proposer, one Member as the seconder, and by the nominee Member to signify his consent to the nomination.

5. Duly completed nomination forms shall be delivered to the Legislative Council Secretariat at least three clear days before the election date.

6. In cases where the number of nominations received by the Legislative Council Secretariat by the deadline for nomination is less than the number referred to in paragraph 1, further nominations may be proposed, at the House Committee meeting at which the election is conducted, by any Member and seconded by another, with the proposed nominee signifying his consent to the nomination.

7. In cases where the number of nominations received under paragraphs 5 and 6 is less than or equal to the number referred to in paragraph 1, the Chairman of the House Committee shall declare the nominees duly elected.

8. In cases where the number of nominations received under paragraphs 5 and 6 is more than the number referred to in paragraph 1, a poll shall be taken at the House Committee meeting at which the election is conducted; voting at which shall be by secret ballot and counted in accordance with the simple or relative majority system of election (otherwise known as "first-past-the-post" system of election), whereby a Member may vote for as many nominees as the number of vacancies and no more and the nominees who get the highest numbers of votes will be declared elected.

9. In cases where a nominee would have been elected but for there being one or more other nominees having been given the same number of votes, a separate poll shall be taken in respect of that nominee and such other nominee(s) in accordance with the system of election mentioned in paragraph 8 above until all the remaining vacancy or vacancies are filled.

Term of Office

10. Unless otherwise determined by the Council by resolution, the term of office of members elected under section 4(1)(e) shall be one year or until the next House Committee meeting held for the election of Commission members, or until the next dissolution of Legislative Council, whichever is the earlier.