View source for 1998 Financial Services by-election

{{Infobox election
| election_name     = 1998 Financial Services by-election
| country           = Hong Kong
| flag_year         = 
| flag_image        = 
| type              = presidential
| vote_type         = Popular 
| ongoing           = no
| previous_election = 1998 Hong Kong legislative election
| previous_year     = 1998
| previous_mps      = 
| election_date     = {{Start date|1998|10|16|df=yes}}
| elected_mps       = 
| next_election     = 2000 Hong Kong legislative election
| next_year         = 2000
| next_mps          = 
| votes_for_election= 
| needed_votes      = 
| seats_for_election= 
| majority_seats    = 
| opinion_polls     = 
| registered        = 
| turnout           = 
| image1            = 
| colour1           = 
| candidate1        = '''[[Fung Chi-kin]]'''
| party1            = Hong Kong Progressive Alliance
| alliance1         = 
| electoral_vote1   = '''''Uncontested'''''
| percentage1       = 
| map_image         = 
| map_size          = 
| map_alt           = 
| map               = 
| map_caption       = Parties with most votes by each district
<!-- bottom -->
| title             = Member
| before_election   = [[Chim Pui-chung]] ''(impeached)''
| before_party      = Nonpartisan candidate
| posttitle         = 
| after_election    = [[Fung Chi-kin]]
| after_party       = Hong Kong Progressive Alliance
}}

The '''1998 Financial Services by-election''' was originally scheduled on 5 November 1998 after impeachment of the incumbent Legislative Councillor [[Chim Pui-chung]] for conspiring to forge documents. [[Fung Chi-kin]] from the [[Hong Kong Progressive Alliance]] and was declared elected on 16 October after uncontested, retaining the seat for the pro-Beijing camp. This was the first legislative [[List of Hong Kong by-elections|by-election]] after the [[handover of Hong Kong]].

== Background ==
[[Chim Pui-chung]] was first elected to the Legislative Council in [[1991 Hong Kong legislative election|1991]] to the [[Financial Services (constituency)|Financial Services constituency]], and re-elected in [[1995 Hong Kong legislative election|1994]]. Chim was then [[1996 Hong Kong provisional legislative election|elected]] to the [[Provisional Legislative Council]] and therefore remained in the legislative branch despite the dissolution of the colonial parliament.

Chim, despite facing charges of conspiring to forge documents, was re-elected to the same constituency in [[1998 Hong Kong legislative election|May 1998]]. He was convicted on 1 August 1998, and sentenced to 3 years in jail two days later by the [[High Court (Hong Kong)|High Court]].<ref>{{Cite web |title=HKSAR v. CHIM PUI CHUNG [1998] HKCA 190; CACC 402/1998 (8 December 1998) |url=https://www.hklii.org/eng/hk/cases/hkca/1998/190.html |archive-url=https://web.archive.org/web/20220515133218/https://www.hklii.org/eng/hk/cases/hkca/1998/190.html |archive-date=2022-05-15 |access-date=2022-05-15 |work=HKLII}}</ref>

According to Article 79(6) of the [[Hong Kong Basic Law|Basic Law]], the [[President of the Legislative Council of Hong Kong|President of the Legislative Council]] shall declare that members of the Council are no longer qualified for the office when they are convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside Hong Kong and two-thirds of the members of the Legislative Council present vote to relieve the member of their duties.

== Impeachment ==
On 9 September 1998, after the summer recess ended, [[Edward Leong]] moved a resolution in the Council which reads:<ref name=":0">{{Cite hansard|title=Resolution under Article 79(6) of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China|jurisdiction=Legislative Council of Hong Kong|date=9 September 1998|url=https://www.legco.gov.hk/yr98-99/english/counmtg/hansard/980909fe.htm}}</ref>

<blockquote>That whereas the Honourable CHIM Pui-chung was convicted on 1 August 1998 in the Court of First Instance of the High Court in the Hong Kong Special Administrative Region of a criminal offence, and was sentenced on 3 August 1998 by the same Court to imprisonment for one month or more (as particularized in the Schedule), this Council relieves the Honourable CHIM Pui-chung of his duties as a Member of the Legislative Council.</blockquote>

A voting was followed by the debate. The question was put which reads: "That the resolution moved by Dr LEONG Che-hung, as set out on the Agenda, be passed."<ref name=":0" />

Out of 59 members of the parliament, 47 were in the chamber. Chim applied to the [[Hong Kong Correctional Services|Correctional Services]] for leave of absence to attend the meeting, but he declined to undertake the prescribed conditions and restrictions, in which circumstances the requested leave of absence cannot be granted.<ref>{{Cite web |title=Application for leave by Chim Pui-chung |url=https://www.info.gov.hk/gia/general/199809/08/0908186.htm |access-date=2022-12-09 |website=www.info.gov.hk}}</ref> President of the Council did not vote per custom. [[Raymond Ho]] from the pro-Beijing camp was the only abstention. 46 voted for the resolution in a bipartisanship consensus.<ref>{{cite web|url=https://www.legco.gov.hk/yr98-99/english/counmtg/voting/v0909983.htm|title=Council Meeting -- Voting Result on 9 September 98|publisher=Legislative Council of Hong Kong}}</ref>

{| class="wikitable" style="text-align:center;"
|-
| colspan="3"  style="text-align:center; background:silver;"|'''Impeachment of Chim Pui-chung'''
|-
! colspan="2" style="width:200px;" | Ballot →
! 9 September 1998
|-
! style="width:1px; background:green;" |
| style="text-align:left;" | Yes
|{{Composition bar|45|59|green|width=125px}}
|-
! style="background:red;" |
| style="text-align:left;" | No
|{{Composition bar|0|59|red|width=125px}}
|-
! style="background:#DDDDDD;" |
| style="text-align:left;" | Abstain
|{{Composition bar|1|59|#DDDDDD|width=125px}}
|-
! style="background:grey;" |
| style="text-align:left;" | Did not vote
|{{Composition bar|13|59|grey|width=125px}}
|}

Upon the adoption of the resolution, the President announced that: "In accordance with Article 79 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, I now declare that Mr CHIM Pui-chung is no longer qualified for the office of a Member of the Legislative Council."<ref name=":0" /> A seat has therefore became vacant.

== Result ==
During the nomination period from 24 September to 7 October, only one valid nomination by [[Fung Chi-kin]] from the [[Hong Kong Progressive Alliance]] was received on the first day of the period.<ref>{{Cite web |title=One nomination received for Financial Services FC by-election |url=https://www.info.gov.hk/gia/general/199809/24/0924065.htm |access-date=2022-12-09 |website=www.info.gov.hk}}</ref><ref>{{Cite web |title=One nomination for Financial Services FC by-election |url=https://www.info.gov.hk/gia/general/199810/07/1007136.htm |access-date=2022-12-09 |website=www.info.gov.hk}}</ref>

On 16 October, the Returning Officer declared Fung Chi-kin as being duly elected as a legislator returned from the Financial Services functional constituency.<ref>{{Cite web |title=Regional Council FC electors to receive poll cards |url=https://www.info.gov.hk/gia/general/199810/16/1016150.htm |access-date=2022-12-09 |website=www.info.gov.hk}}</ref>
{{Election box begin | title= 1998 Financial Services by-election}}
{{Election box winning candidate with party link|
  |party      = Hong Kong Progressive Alliance
  |candidate  = [[Fung Chi-kin]]
  |votes      = ''Uncontested''
  |percentage = 
  |change     = 
}}
{{Election box gain with party link|
  |winner     = Hong Kong Progressive Alliance
  |loser      = Nonpartisan politician
  |swing      = 
}}
{{Election box end}}

== Aftermath ==
Fung took the oath on 21 October at the first meeting after the election.<ref>{{Cite hansard|title=Taking of Legislative Council Oath|jurisdiction=Legislative Council of Hong Kong|date=21 October 1998|url=https://www.legco.gov.hk/yr98-99/english/counmtg/hansard/981021fe.htm}}</ref>

Chim appealed to [[Court of Appeal (Hong Kong)|Court of Appeal]] later that year and had his jail terms reduced to a year.<ref>{{Cite web |title=HKSAR v. CHIM PUI CHUNG [1998] HKCA 190 Appeal History (English); CACC 402/1998 (8 December 1998) |url=https://www.hklii.org/eng/hk/cases/hkca/1998/190_appeal_history.html |archive-url=https://web.archive.org/web/20220515133222/https://www.hklii.org/eng/hk/cases/hkca/1998/190_appeal_history.html |archive-date=2022-05-15 |access-date=2022-05-15 |work=HKLII}}</ref><ref>{{Cite web |title=HKSAR v. CHIM PUI CHUNG [1998] HKCA 190; CACC 402/1998 (8 December 1998) |url=https://www.hklii.org/eng/hk/cases/hkca/1998/190.html |access-date=2022-12-09 |website=www.hklii.org}}</ref> He staged a political comeback in [[2004 Hong Kong legislative election|2004]] and returned to the constituency, and kept his seat in the [[2008 Hong Kong legislative election|2008 election]]. He abandoned his re-election campaign in [[2012 Hong Kong legislative election|2012]], ending his career in the parliament.

==See also==
* [[List of Hong Kong by-elections]]

==References==
{{reflist}}

{{By-elections to the HK Legco}}

[[Category:1998 in Hong Kong]]
[[Category:1998 elections in China]]
[[Category:By-elections in Hong Kong|1998]]