Holding the Legislative Council elections on Sunday would be most prudent course to take even as the city mourns for the victims of the deadly fire in Tai Po last week, according to Hong Kong political veteran Maria Tam Wai-chu.
In an interview with Bastille Post, the former deputy director of Hong Kong’s Basic Law Committee said changing the election date could create a “vacuum period”, adding that there might not be enough time to make changes.
According to the Basic Law, the term of the seventh-term LegCo is four years, ending on Dec 31, 2025. Should the eighth-term LegCo remain unelected by Jan 1, 2026, a “vacuum period” will occur, she added.
She further noted that, under the Legislative Council Ordinance, the chief executive must specify a date for the LegCo elections and give notice in the Gazette. The date specified in the notice must not be earlier than 60 days and not later than 15 days before the new term of office of LegCo starts.
Counting backwards from this, the LegCo elections must be held no later than Dec 16. Scheduling the vote for Dec 7 already presents a very tight timeline. If postponed by one week due to relief efforts, additional procedures such as gazettal would be required, she added.
Regarding discussions on extending the terms of current lawmakers, Tam said that any extension would require a decision by the Standing Committee of the National People's Congress, as the SAR government lacks the authority to extend the terms unilaterally.
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Tam, a former convener of the NPC Hong Kong delegation, said that the NPCSC typically convenes in late December, making the timeline extremely tight. Furthermore, there are no sufficient grounds currently to propose an extension of the term to the NPCSC.
“The Tai Po fire is a deeply distressing incident. Both the government and residents are fully committed to disaster relief and to helping residents improve their lives,” Tam said.
“However, this is not a territory-wide emergency situation, nor is it the case that voting cannot proceed in all districts across Hong Kong. Therefore, there are insufficient grounds to propose a term extension to the NPCSC.”
Tam said she hopes that residents can turn their grief into strength, supporting the election process while working to aid relief efforts, selecting the best candidates who can serve Hong Kong.
