In January 2010, five pro-democracy Legislative Council members from each of the five geographical constituencies resigned to trigger territory-wide by-elections for the purpose of instigating a so-called “referendum”.

Unveiling the proposal, Secretary for Constitutional and Mainland Affairs Stephen Lam cited the practice elsewhere: "In some countries where the proportional representation (PR) system is adopted, by-elections are not used to fill vacant seats arising mid-term."

[3] Whilst pro-government legislators declared support for the revised plan in principle, Regina Ip stated that consultation would still be desirable.

The original proposal attracted criticism from Pan-Democrats as it was seen as depriving citizens of their political rights; even pro-government figures in the legislature expressed reservations about the workability of the plan.

A researcher in Britain's Electoral Reform Society said it was indeed common for vacancies to be filled by a candidate who was next-in-line, but one who was on the specific list of the outgoing.

Miriam Lau of the Liberal Party carried out a 30-hour hunger strike to voice her opposition against such act of obstructionism and waste of public coffers.