1998 Hong Kong Regional Council (constituency) by-election explained

Election Name:1998 Regional Council by-election
Country:Hong Kong
Type:presidential
Vote Type:Popular
Ongoing:no
Previous Election:1998 Hong Kong legislative election
Previous Year:1998
Next Election:2000 Hong Kong legislative election
Next Year:2000
Registered:50
Turnout:100%
Candidate1:Tang Siu-tong
Party1:Hong Kong Progressive Alliance
Alliance1:Pro-Beijing
Electoral Vote1:28
Percentage1:56%
Candidate2:Ann Chiang
Party2:Nonpartisan candidate
Alliance2:Pro-Beijing
Electoral Vote2:22
Percentage2:44%
Member
Before Election:Tang Siu-tong
Before Party:Hong Kong Progressive Alliance
After Election:Tang Siu-tong
After Party:Hong Kong Progressive Alliance

The 1998 Regional Council by-election was held on 29 October 1998 after the court ruled the incumbent Legislative Councillor Tang Siu-tong was unduly elected in the Regional Council constituency due to invalid ballots.[1] Tang eventually recaptured his seat with a larger margin in this by-election.

Background

Preferential elimination system of voting was in place for the election of the Regional Council constituency. As stipulated in relevant regulation, electors must mark the first preference by entering "1" (Arabic numeral) against the name of a candidate on the ballot paper and indicate the other preferences in the descending order beginning with "2".

A general election of the Legislative Council was held in May 1998. In the Regional Council constituency, Tang Siu-tong defeated Ann Chiang in the second round with a 25–24 margin. Chiang then claimed irregularity in the election and challenged the validity of 5 ballot papers of the election, asserting those should not have been counted and the result would have been in her favour.

Amongst the five votes concerned, one was marked with numeral "1" and a tick "√" against Tang, one was marked with numeral "1" and "2" but had a counterfoil attached. Two ballots was marked only with a tick against Tang, including one with counterfoil. The remaining one was also marked only with a tick against Tang.

On 4 September 1998, the court ruled the votes with a single tick shall not be counted, and therefore Tang and Chiang should have tied with 23 votes each. Tang was declared unduly elected.[2]

Result

The three candidates ran in the general election were once again nominated during the nomination period from 17 to 30 September.[3]

All 50 Regional Councillors voted in the re-run of the poll.[4] Ngan Kam-chuen was eliminated again in the first round, and Tang won the seat with a widened margin.[5]

Aftermath

Tang took the oath on 4 November at the first meeting after the election.[6] He was the final member of the constituency as the Regional Council was then abolished. Tang was elected in the New Territories West in 2000 election, and retired after his term ended.

Chiang later joined the pro-Beijing flagship DAB, and was first elected to the Council in 2012.

See also

Notes and References

  1. Web site: Regional Council FC electors to receive poll cards . 2022-12-10 . www.info.gov.hk.
  2. Web site: CHIANG LAI WAN v. TANG SIU TONG AND ANOTHER [1998] HKCFI 313; [1998] 3 HKC 613; HCMP 2575/1998 (4 September 1998) ]. 2022-12-10 . www.hklii.org.
  3. Web site: 3 nominations received for Regional Council FC by-election . 2022-12-10 . www.info.gov.hk.
  4. Web site: Legislative Council by-election polling closes . 2022-12-10 . www.info.gov.hk.
  5. Web site: Legislative Council by-election result . 2022-12-10 . www.info.gov.hk.
  6. Taking of Legislative Council Oath. Legislative Council of Hong Kong. 4 November 1998.