Under totalitarian rule of Chinese government and Hong Kong SAR government, Referendum Act is impossible to be enacted in the LegCo. So that, We have to look for an alternative way to hold a referendum in order to demonstrate the wills of Hong Kong people on different major issues. Like "five geographical constituencies referendum" initiated by Liberal Social Democrats and Civic Party in 2010, five legislators from different geographical constituencies resigned to trigger five by-elections which can be voted by all Hong Kong voters. They saw it as a de facto referendum which could demonstrate the wills of Hong Kongers towards democratization. In this essay, I will argue District Council (Second) Functional Constituency (aka super seats) By-election could be the de facto referendum in Hong Kong.
Procedure: Firstly, a referendum topic is set up. Secondly, a super seat legislator resigns to trigger by-election. Then, there will be one candidate who is for the referendum topic and another one is against it. Next, voters will vote for the candidate who represents their wills towards the referendum topic. Last, the result of the by-election reveals the people's choice of the referendum topic.
Firstly, District Council (Second) Functional Constituency can be voted by all voters. Every voter has two votes on LegCo elections, one vote on geographical constituency and another vote on the traditional functional constituency (TFC) or super seats. Most of the voters can vote in super seats while a few can vote in TFC. Those who can vote in TFC can transfer their vote to super seats. So that, all voters can vote in District Council (Second) Functional Constituency.
Next, it needs a threshold for holding a referendum like mandate. I would argue that the ‘referendum’ has attained the threshold. If the ‘referendum’ is successfully held, it needs two candidates who are district councillors. Then, each candidate has to gain nominations from 15 different district councillors who can only nominate one candidate. So that, it gathers at least 32 district councillors who have mandate of thousands to hold the ‘referendum’ and it has probably attained the threshold for holding a referendum.
Last, the referendum topic貼文太長，禁呢度出全文。