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Elections in Hong Kong

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Politics andgovernment
ofHong Kong
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Elections in Hong Kong take place when certain political offices in the government need to be filled. Hong Kong has amulti-party system, with numerousparties in theLegislative Council. TheChief Executive of Hong Kong isnonpartisan but can work with several parties to form acoalition government.

Every four years, ninety representatives are chosen to sit on theunicameralLegislative Council of Hong Kong (LegCo). Twenty seats representing thegeographical constituencies are returned by popular vote, thirty seats representing thefunctional constituencies are elected through smaller closed elections within business sectors, and the remaining forty seats representing theElection Committee constituency are chosen by members of theElection Committee. TheChief Executive of Hong Kong is returned by the 1,500-memberElection Committee on five-year intervals.Local elections are held on four-year intervals to return members ofDistrict Councils.

Following the2019–2020 Hong Kong protests, and the landslide victory ofHong Kong'spro-democracy camp in the2019 Hong Kong local elections, theStanding Committee of the National People's Congress of thePeople's Republic of China unilaterally passed theHong Kong national security law andchanges to Annex I and Annex II of theHong Kong Basic Law. Candidates are subject to an official eligibility review mechanism, curtailing the influence of the public's vote on the outcome.

History

[edit]
Main article:Democratic development in Hong Kong

Elections for unofficial members of theUrban Council were held since 1888. Suffrage was restricted to residents on the special and common jury lists between 1888 and 1973. In 1973, the electoral franchise for theUrban Council was widened to residents above 21 years of age who have lived in Hong Kong for at least three years that qualified in at least one of 23 specified categories, which included educational qualifications (School Certificate Examination or equivalent), being a juror, salaried taxpayer, or a member of certain professional organisations as listed in Schedule 1 of the Urban Council Ordinance (Cap. 101,Laws of Hong Kong).[1] Half of the members of the Urban Council were elected, but by a minority of the population. It was estimated that in 1970 there were 250,000 eligible voters[2] and in 1981 the number had increased to 400,000 – 500,000.[3] Prominent elected Urban Councilors includedElsie Tu andBrook Bernacchi of theReform Club.

Expansion of elected offices

[edit]

TheGreen Paper: A Pattern of District Administration in Hong Kong was published on 6 June 1980 for public consultations on reforming local administration in Hong Kong. The Green Paper recommended that elections by popular vote be introduced to return some members of the newly establishedDistrict Boards and unofficial members of the Urban Council.[4] TheWhite Paper: District Administration in Hong Kong of January 1981 further cemented the government's will to introduce elections by popular vote. Proposals in the White Paper were implemented between 1982 and 1983, during which elections to theDistrict Boards andUrban Council were held.

Months before theSino-British Joint Declaration was signed which the United Kingdom and the People's Republic of China governments agreed on handing over Hong Kong from British to Chinese rule in 1997, theGreen Paper: the Further Development of Representative Government in Hong Kong was published in July 1984. The Green Paper cemented first large-scale constitutional reform in developing a representative government during the British rule. The Green Paper suggested the introduction ofindirect election in two stages in 1985 and 1988 to theunofficial members of theLegislative Council of Hong Kong (LegCo) by anelectoral college consisting of Members of theUrban Council of Hong Kong, the newRegional Council to be established in 1986, andDistrict Boards and functional groups orfunctional constituencies.[5] Thefirst Legislative Council elections, electing 24 unofficial members of LegCo, was held in September 1985.

Popular elections to the legislature

[edit]

Consultations on electoral reform followed the1985 electoral reform. In theWhite Paper: the Further Development of Representative Government in Hong Kong of 1984, the idea of direct election was suggested to be reviewed in the development of representative government in 1987.[6]

In May 1987, the government published the 1987Green Paper: Review of Developments in Representative Government to consider the next stage of development of representative government. Despite strong public opinion in the consultations supporting the introduction of direct elections, the Government concluded that no clear consensus on the timing or the extent of the introduction of direct elections emerged.[7] The subsequentWhite Paper: the Development of Representative Government: The Way Forward delayed the first direct elections to theLegislative Council from 1988 to the1991 elections. A total of 18 members were returned fromgeographical constituencies by popular vote, out of a total of 60 LegCo members.

AsChris Patten succeededDavid Wilson as the lastGovernor of Hong Kong,extensive electoral reform proposals were announced in Patten's inaugural Policy Address. The minimum voting age was lowered from 21 to 18, and all appointed seats on the Urban Council, Regional Council and District Boards were to be abolished by 1995.Single-member constituencies were to be introduced to geographical constituencies of the Legislative Council, elected seats of the Urban Council, elected seats of the Regional Council and elected seats of District Boards.

Patten significantly broadened the electoral franchise to thefirst fully-elected Legislative Council returned in 1995, the composition of which conformed withBasic Law provisions on the composition of the1st Legislative Council of Hong Kong SAR. Patten lobbied the Legislative Council (Electoral Provisions) (Amendment) Bill 1994 which broadened the franchise of certain existing functional constituencies by replacing corporate voting with individual voting. Nine new functional constituency seats were established, allowing about 2.7 million people to have the right to vote in functional constituencies. An Election Committee composed of district board members returned ten members to the Legislative Council.

In response to Patten's reforms, Beijing cancelled the "through-train arrangement"[further explanation needed] allowing the last Legislative Council in the British-era to be sworn in as the1st Legislative Council of Hong Kong SAR after thetransfer of sovereignty to China in 1997.[8] The Preparatory Committee for the Hong Kong SAR under ChineseNational People's Congress established theProvisional Legislative Council on 26 January 1996 that served as Hong Kong's interim legislature until July 1998.

Post-handover development

[edit]

TheProvisional Legislative Council (PLC) installed by the Beijing government during the intense Sino-British confrontation over thedemocratic reform decided on the electoral system of the post-handover Legislative Council.[9] For geographical constituencies,proportional representation using thelargest remainder method withHare quota was adopted by the SAR government in replacement of thefirst-past-the-post system introduced in 1995. The system designed to reward the weakerpro-Beijing candidates and dilute the electoral strength of the majority democrats.[10] For functional constituencies, corporate voting was restored after it was abolished in 1995. It reduced the number of eligible voters by almost 90 per cent, from over 1.1 million in 1995 to fewer than 140,000 in 1998. The electedUrban Council andRegional Council were also abolished byTung Chee-hwa's government.

Thefirst legislative election in the HKSAR was held in 1998, with 20 members returned bygeographical constituencies through direct elections, 10 members returned by the 800-memberElection Committee and 30 members returned byfunctional constituencies (FC). The number of LegCo members returned fromgeographical constituencies (GC) increased from 20 to 24 in2000 and to 30 in2004, constituting half of the legislature. Seats returned byElection Committee were abolished by 2004.

The first Chief Executive election after thetransfer of sovereignty was held in2002. IncumbentTung Chee-hwa was elected uncontested. Subsequent Chief Executives were returned by theElection Committee, members of which were elected by members of specified associations or professions.

Demand for universal suffrage

[edit]

Before the2021 Hong Kong electoral changes, theHong Kong Special Administrative Region had the power to initiate amendments of Annexes I and II of theBasic Law to change its electoral system. From late 2003 on, the Government and the public had been drawing out plans of democratisation to realise the ultimate aim of electing a chief executive by universal suffrage after nomination by an ad hoc committee (Basic Law, Art. 45) and electing the whole Legislative Council by universal suffrage (Basic Law, Art. 68). On 6 April 2004, theStanding Committee of the National People's Congress (NPCSC) issued its second interpretation on theBasic Law, indicating that electoral reforms are possible in 2007 and stipulating the “five steps” of initiating political reform under Annex I of the Basic Law. On 26 April 2004, the NPCSC further passed a decision that negated universal suffrage for CE elections in 2007 and LegCo elections in 2008, but provided for electoral reforms withstanding a 50:50 ratio between GC and FC seats. The Legislative Council vetoed the Motions put by the HKSAR Government to the LegCo concerningamendment to the methods for selecting the CE in 2007 and for forming LegCo.

In late 2007, theStanding Committee of the National People's Congress (NPCSC) decided that the universal suffrage for theChief Executive can be achieved in 2017 or later, and universal suffrage for the Legislative Council can be achieved after the former has been. The NPCSC decision also provided for electoral reforms in 2012 withstanding a 50:50 ratio between GC and FC seats. The Legislative Council approved of theMotions concerning the amendment to the methods for selecting the CE and for forming LegCo in 2012.

Amidst the2014–2015 Hong Kong electoral reform on universal suffrage in 2017, the NPCSC has outlined a screening mechanism of Chief Executive candidates, in which Chief Executive candidates must first receive nominations by an absolute majority of a Nominating Committee before proceeding to popular vote. TheHong Kong Government's bill for universal suffrage in Chief Executive elections was subsequently rejected.

With theNPCSC's amendment of Annexes I and II of the Basic Law in 2021, the NPCSC has retracted the power of the HKSAR to initiate political reform. The Chinese NPCSC now exercises the sole power to amend Annexes I and II of the Basic Law. In lieu of recent efforts by China to hamper the pro-democracy camp, universal suffrage remains unlikely.

The evolution of elected offices in Hong Kong returned by popular vote is as follows:

Constituencies returned by popular vote
1982/831985/861988/8919911994/9519981999/002003/042007/082011/122015/162019/212021/23
Legislative CouncilGeographical
Constituencies
District Council
(Second) FC
Urban Council and
Regional Council
Elected seats of
Municipal Councils
District CouncilsElected seats of
District Boards
Elected seats of
District Councils
Elected seats of
District Councils Ordinary Election
Number and proportion (%) of seats returned by popular vote
1982/831985/861988/8919911994/9519981999/002003/042007/082011/122015/162019/212021/23
Legislative Council18 (29.5%)20
(33.3%)
24
(40%)
30
(50%)
40
(57.1%)
20 (22.2%)20 (22.2%)
Urban Council and
Regional Council
15
(50%)
27 (40.9%)27
(35.5%)
59 (73.8%)
District Councils132 (26.9%)237 (55.6%)264 (57.1%)274 (62.1%)346 (92.8%)390 (75.1%)400 (77.1%)405 (75.8%)412 (81.3%)431 (94.1%)452 (95.4%)88 (18.7%)
Electoral methods of seats returned by popular vote
1982/831985/861988/8919911994/9519981999/002003/042007/082011/122015/162019/21
Legislative CouncilMNTVFPTPProportional representation
(Largest remainder method:Hare quota)
SNTV
Urban Council and
Regional Council
First-past-the-post voting
District CouncilsFirst-past-the-post voting &
Plurality block voting
FPTPFirst-past-the-post voting

Voter registration and nomination

[edit]

AnyHong Kong permanent resident aged 18 or above may register as an elector in thegeographical constituency in which they reside, except those mentally incapacitated and those serving in an armed force. Persons serving a sentence of imprisonment used to be barred from registering and voting, but a 2008 judgment by the Court of First Instance of the High Court ruled that a blanket bar was unconstitutional and that the Government had a year to change the offending provisions. The Government did not appeal the judgment, and held consultations with the public on how the law should be changed. A bill was then introduced to the LegCo, providing that no person would be barred from electoral registration or voting because of criminal conviction, even forcrimes against the electoral system. It became law and entered into force on 30 October 2009.

Hong Kong permanent residents must satisfy all the following requirements to be eligible for registration as electors in a geographical constituency:[11]

  • permanent resident of Hong Kong;
  • aged 18 years or above as at 25 July next following his application for registration (or 25 September in a District Council election year)
  • ordinarily resident in Hong Kong, and the residential address in his application for registration is his only or principal residence in Hong Kong;
  • holds aHong Kong identity document or has applied for a new identity card; and
  • not disqualified by application of s.31 of the Legislative Council Ordinance (Cap 542).

Electors can run for elections if they have reached 21 years of age and have ordinary resided in Hong Kong for the 3 years immediately preceding the nomination. In addition, candidates running for the Chief Executive and the Legislative Council, except12 specified functional constituencies have to be aChinese citizen with no right of abode in any country other than the People's Republic of China.

Candidate eligibility review

[edit]

Under the2021 Hong Kong electoral changes initiated by theNational People's Congress, nominees for elections are screened so as to ensure the "administration of Hong Kong by Hong Kong people with patriots as the main body".[12] A Candidate Eligibility Review mechanism is established to review and confirm of eligibility of candidates for theElection Committee, Chief Executive and Legislative Council elections:

  • Review by the department for safeguarding national security of theHong Kong Police Force on whether a candidate meets the legal requirements and conditions of upholding theBasic Law and swearing allegiance to HKSAR ofPRC;
  • theCommittee for Safeguarding National Security of the HKSAR issues opinion in respect of a candidate who fails to meet such legal requirements and conditions on the basis of the police review; and
  • Review and Confirmation of eligibility of candidates by the Candidate Eligibility Review Committee of the HKSAR.

In practice, every candidate approved to run for election to the Legislative Council is either a member of thepro-Beijing camp or has otherwise been deemed "patriotic" enough by the government of China to participate. Since the 2021 reforms, numerous pro-democracy activists who had attempted to run in electionswere arrested.

Chief Executive elections

[edit]
Main article:Election Committee

The Election Committee is responsible for nomination of Chief Executive candidates and election of the Chief Executive-elect. Under the2021 Hong Kong electoral changes initiated by theNational People's Congress, each candidate running for Chief Executive elections is to be nominated by at least 188 members of theElection Committee, before their eligibility is reviewed and confirmed by the Candidate Eligibility Review Committee of the HKSAR according to opinions issued by theCommittee for Safeguarding National Security of the Hong Kong Special Administrative Region. TheChief Executive-designate is then returned by the Election Committee with an absolute majority.[13]

Election Committee

[edit]

The specific method for selecting the Chief Executive is prescribed in Annex I of the Basic Law. TheElection Committee shall be composed of 1500 members from the following sectors pursuant to the amended Annex I under the2021 Hong Kong electoral changes initiated by theNational People's Congress from the following sectors pursuant to the amended Annex I under the2021 Hong Kong electoral changes initiated by theNational People's Congress. The Election Committee consists of individuals (i.e. private citizens) and representatives of bodies (i.e. special interest groups or corporate bodies) selected or elected by 40 prescribed sub-sectors as stipulated in Annex I to theBasic Law:

SectorMembers[14]
Industrial, commercial and financial sectors300
The professions300
Grassroots, labour, religious and other sectors300
Members of theLegislative Council,
representatives of district organisations and other organisations
300
HKSAR deputies to theNational People's Congress, theNational Committee
of the Chinese People's Political Consultative Conference
, and representatives
of Hong Kong members of relevant national organisations
300
Total1,500

The Election Committee is now principally elected by body votes. The number of subsectors with individual votes were significantly reduced, together with elimination of mixed individual and body voting:

  • Half of seats (150 seats) in Sector III are nominated by members of national professional organisations or filled by ex officio members;
  • District Council subsectors were replaced by subsectors consisting of appointed representatives of members of Area Committees, District Fight Crime Committees, and District Fire Safety Committees;
  • All NPC and CPPCC sectors serve as ex officio EC members; and
  • subsectors consisting of grassroot organisations, associations of Chinese Fellow Townsmen, associations of Hong Kong residents in Mainland and Hong Kong members of relevant national organisations were introduced.

Electoral system

[edit]

Chief Executive candidates must receive nominations by at least 188 members of theElection Committee, with Nomination by at least 15 members of each sector of the Election Committee. Candidacy is confirmed upon review and confirmation of eligibility by the Candidate Qualification Review Committee, according to opinions issued by theCommittee for Safeguarding National Security of the Hong Kong Special Administrative Region on the basis of a review by the National Security Department of theHong Kong Police Force on whether a candidate meets the legal requirements and conditions of upholding the Basic Law and swearing allegiance to the HKSAR ofthe People's Republic of China.

The Chief Executive-designate is then returned by the Election Committee with an absolute majority in a two-round system:[15]

Uncontested electionContested election
Election Committee casts votes of support/not support;

the Chief Executive-designate is to be returned with an absolutely majority (>750 valid votes)

Election Committee casts votes for 1 of the candidates;
the Chief Executive-designate is to be returned with an absolute majority (>750 valid votes)
If absolute majority wonIf absolute majority not won
Candidate with an absolutely majority of valid votes electedIf:

1.>= 2 candidates obtain the highest and the same no. of votes; or
2.no candidates win an absolute majority

Then:

  • elimination of candidates other than those who obtained the highest number of votes in (1) or candidates with the highest and second highest number of votes in (2);
  • second round(s) of voting conducted, until a candidate with an absolutely majority (>750 valid votes) is elected

The Chief Executive-designate must publicly disaffiliate with a political party within seven days of the election and must not become a member of a party during their term of office.[15] The Chief Executive-designate is then appointed by theCentral People's Government before taking office.

Article 45

[edit]

Article 45 gives the requirements for choosing the Chief Executive, and Annex I does likewise in a more specific manner.

"The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.[14]"

"The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive byuniversal suffrage upon nomination by abroadly representative nominating committee in accordance withdemocratic procedures.[14]"

Article 46

[edit]

According toArticle 46 of theHong Kong Basic Law, elections for the Chief Executive are held every five years. A 1,500-memberelectoral college called theElection Committee is elected by representations of specified associations, and some other sectors of the society, with each of the forty sectors of the society and interests of the Central Authorities receiving a set number of electoral votes. The eligible voters in each sector vote directly for the electors, who in turn cast ballots for Chief Executive.

Pursuant to the Annex II of the Basic Law, the Election Committee also selected 10 Members of the 1st LegCo byblock vote in 1998. Four of the seats were reassigned to geographical constituencies for the 2nd LegCo in 2000, and the remainder for the 3rd LegCo in 2004. As a part of the2021 amendments to Annex II by theStanding Committee of the National People's Congress, the Election Committee selects 40 members of the LegCo since2021.

The EC elections are quite irregular. They were held in 1998 and 2000, but none (except for the 2002by-election) have been held since. The claim in Ann. 1, Sect. 2, of the Basic Law, saying that the Election Committee must be renewed at least once every five years.

Article 46 was a subject of controversy regarding the term of the newly elected Chief Executive. The article states:

"The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms."

The law requires a term of five years, butmainland officials have said the new leader filling-in can only serve until 2007. The matter was settled after a re-interpretation by theStanding Committee of the National People's Congress (NPCSC).[16] Though this did damage the credibility and integrity of theone country, two systems formula.[16]

A literal interpretation would mean Tsang has to serve until 2010, but this is not common sense behaviour in most other nations; one can only complete the term of a predecessor. TheChinese government has decided that the new leader would serve untilInauguration day in 2007.

History of electoral contests

[edit]

The last uncontested election was held in 2002, and with the resignation of Tung Chee Hwa an election would have been called on 10 July, had the election been contested. A controversial decision by theNational People's Congress stated that a resignation did not end a term, so that Donald Tsang would serve only until 2007, rather than 2010 had a term been deemed to begin with each resignation. This is in line with the practice on mainland China (seeHong Kong Basic Law Article 46). The 800-memberElection Committee held a vote on a day specified by the sitting chief executive sometime during the six months of the year prior to the HKSAR's Inauguration Day, 1 July. Anabsolute majority of the votes (i.e. 401 votes) are required to be elected. If no candidate has a majority vote, the one with the lowest vote is eliminated for the next round until a candidate has a majority vote.

In1996,Tung Chee Hwa was elected with eighty per cent of the electoral votes against two other candidates, Mr.Peter Woo (吳光正) and SirTi Liang Yang (楊鐵樑). In12002, Tung was re-elected uncontested, as he had received 713 signatures of support in the Electoral Committee, and 100 are required for nomination.(Annex I, Section 4, Basic Law)

The2005 provided a sense of déjà vu for many, as Donald Tsang cruised to victory with 674 nomination signatures out of a possible 796 (four seats were vacant).

The EC elections are quite irregular. They were held in1998 and2000, but none (except for the2002 by-election) have been held since. The claim in Ann. 1, Sect. 2, of the Basic Law, saying that the Election Committee must be renewed at least once every five years, exposed an interesting flaw in the system that was averted when Tsang was the only candidate nominated.

The problem was that the timing is crucial for the new chief executive election after Tung Chee Hwa's resignation on 12 March 2005. Since electoral law states that an election must be held 120 days after the vacancy, an election would be held on the tenth of July. It was unclear as to the exact time period separating the election and the date of taking of office for this Election Committee. If the new EC convened prior to the chief executive election, it would be applied to select the next chief executive, but otherwise the old Election Committee dating from 2000 would have to complete the task (see2005 Hong Kong Chief Executive election for more information on the topic). The second round produces a further dispute, if the term of the old EC ended after the first round of voting but before the second. It would be rather insensible to use different electors for the two rounds; the same one would probably have to be prescribed.

The compositions of electoral colleges returningChief Executives are as follows:

19962002 &
2005
2007201220172022
Electoral
College
Selection
Committee
Election Committee
Size of
electorate
4008001,2001,500

Legislative elections

[edit]
Main article:Hong Kong legislative elections

Under the2021 Hong Kong electoral changes initiated by theNational People's Congress, theLegislative Council is now composed of 90 members returned from 3 constituencies: theElection Committee Constituency,Functional Constituencies andGeographical Constituencies by popular vote.

In Hong Kong,legislative elections are held every four years in accordance withArticle 69 of the Basic Law of HKSAR. Themost recent election was held on 19 December 2021.

Electoral system

[edit]

Each candidate running for Legislative elections is to be nominated by 10–20 members of theElection Committee, before their eligibility is reviewed and confirmed by the Candidate Eligibility Review Committee of the HKSAR according to opinions issued by theCommittee for Safeguarding National Security of the Hong Kong Special Administrative Region:[17]

Composition of the Legislative Council (2022–)
Number of
Members
Returned byVoting MethodNumber of
Voters (2021)
Election Committee
Constituency
40Members of the
Election Committee
Plurality block voting1,448
Functional Constituencies30Members of specified
associations or professions
First-past-the-post voting or
Plurality block voting
210,675 (individual voters);
8,579 (body voters)
Geographical Constituencies20Popular voteSingle non-transferable vote withdistrict size of 24,472,863
Composition and Proportion (%) of Elected Seats of the Legislative Council
1985198819911995PLC1998200020042008201220162021
60
(100%)
10
(16.7%)
6
(10%)
40 (44.4%)
12
(21.1%)
14
(24.6%)
19
(31.1%)
28
(46.7%)
28
(46.7%)
29
(48.3%)
29
(41.4%)
30
(33.3%)
Seats returned by
indirect election[note 2]
12
(21.1%)
2
(3.3%)
12
(20%)
2
(3.3%)
1
(1.7%)
1
(1.4%)
Seats returned by
popular vote[note 3]
18
(29.5%)
20
(33.3%)
20
(33.3%)
24
(40%)
30
(50%)
40
(57.1%)
20
(22.2%)

Geographical Constituencies

[edit]
Main article:Geographical constituency

20 seats of the Legislative Council are returned by geographical constituencies (GC) throughsingle non-transferable vote with a district magnitude of 2 ("binomial system"). The binomial system was instituted by theStanding Committee of the National People's Congress in its amendment to Annex 2 of theBasic Law on 30 March 2021.

Geographical constituencyNumber of voters[18]Number of seatsVoting system
Hong Kong Island East424,8492Single non-transferable vote
Hong Kong Island West374,795
Kowloon East475,223
Kowloon West381,484
Kowloon Central454,595
New Territories South East472,751
New Territories North431,604
New Territories North West468,752
New Territories South West510,558
New Territories North East478,252

Geographical constituencies were first introduced in Hong Kong's first legislative election with direct elections in1991. The electoral system and boundaries of GCs have since changed:

Election YearVoting systemNumber of
constituencies
District
magnitude
Total number of
GC seats
Proportion of
LegCo seats
1991Plurality-at-large9 constituencies2 seats18 seats29.5%
1995First-past-the-post voting20 constituencies1 seat20 seats33.3%
1998Proportional representation
(Largest remainder method:Hare quota)
5 constituencies3–9 seats20 seats33.3%
200024 seats40%
200430 seats50%
2008
201235 seats50%
2016
2021Single non-transferable vote10 constituencies2 seats20 seats22.2%

Functional Constituencies

[edit]
Main article:Functional constituency (Hong Kong)

Under the2021 Hong Kong electoral changes, 28 functional constituencies (FC) return 30 members. TheLabour Functional Constituency returns three members byplurality block voting. The other FCs return one member each withfirst-past-the-post voting.

The 2021 electoral reform saw the dissolution ofDistrict Council (First) andDistrict Council (Second) FCs. 3 existing FCs were reconstituted: the Information Technology FC reorganised as theTechnology & Innovation FC; the Medical FC and Health Services FC combined to form the Medical and Health Services FC. 2 new FCs were established, namely theCommercial (Third) and theHKSAR Deputies to the National People's Congress, HKSAR Members of the National Committee of the Chinese People's Political Consultative Conference, and Representatives of Relevant National Organisations FCs. Functional constituencies are now principally elected by body votes; the number of FCs with individual votes were reduced, together with elimination of mixed individual and body voting systems.

Registered voters in the functional constituencies of Hong Kong in 2021[19]
Functional constituencyNumber of registered electors
BodiesIndividualsTotal
1Heung Yee Kuk 161161
2Agriculture and Fisheries176 176
3Insurance126 126
4Transport223 223
5Education 85,11785,117
6Legal 7,5497,549
7Accountancy 27,77827,778
8Medical And Health Service 55,52355,523
9Engineering 10,77210,772
10Architectural, Surveying and Planning 9,1239,123
11Labour697 697
12Social Welfare 13,97413,974
13Real Estate and Construction463 463
14Tourism192 192
15Commercial (First)1,041 1,041
16Commercial (Second)421 421
17Commercial (Third)288 288
18Industrial (First)421 421
19Industrial (Second)592 592
20Finance114 114
21Financial Services760 760
22Sports, Performing Arts, Culture and Publication257 257
23Import and Export231 231
24Textiles and Garment348 348
25Wholesale and Retail2,015 2,015
26Technology and Innovation73 73
27Catering141 141
28HKSAR members of NPC and CPPCC, representatives of national organisations 678678
Total8,579210,675219,254

Election Committee Constituency

[edit]
Main article:Election Committee (constituency)

The Election Committee constituency was one of the three constituencies designed in theBasic Law of Hong Kong next to the directly electedgeographical constituencies and the indirectly electedfunctional constituencies for the first and second-term Legislative Council fin the early SAR period. With the lastBritish GovernorChris Patten'selectoral reform, the ECC was composed of all electedDistrict Board members who had beenelected in 1994. TheSingle Transferable Vote system was used in the1995 election.[20]

After thehandover of Hong Kong, the ECC was allocated 10 seats out of the total 60 seats in the SAR Legislative Council, comprising all members of theElection Committee which also elected theChief Executive every five years. The size of the constituency reduced to six seats in 2000 and was entirely abolished and replaced by the directly elected geographical constituency seats in the2004 election. Theplurality-at-large voting system was used in 1998 and 2000.

In the 2021 electoral overhaul, the Election Committee constituency was reintroduced, taking 40 of the 90 seats, almost half, of the Legislative Council with plurality-at-large voting system. The electorate is composed of all newly expanded 1,500 members in the Election Committee.

2010 electoral reform

[edit]
Main article:2010 Hong Kong electoral reform

The Legislative Council passed the Government's bill on amending Annex II of theBasic Law. The total number of Legislative Council members is increased from 60 to 70. Alongside the creation of five new geographical constituency seats,[19] five new functional constituency seats were created in theDistrict Council (Second) FC. The 5 new FC seats were returned by direct elections throughproportional representation using thelargest remainder method withHare quota.[21]

The 2010 electoral reform provides forparallel voting, in which each registered voter can participate in the elections of one geographical constituency and one functional constituency.

Parallel Voting in Legislative Council elections (2012–2021)
Geographical ConstituenciesFunctional Constituencies
Voters eligible for traditional FCs1 vote in respective GCs1 vote in respective traditional FCs
Other voters1 vote in respective GCs1 vote in the District Council (Second) FC

The District Council (Second) FC was abolished by theNational People's Congress under the2021 Hong Kong electoral changes.

2012 by-election procedure amendment proposal

[edit]
Main article:Legislative Council (Amendment) Ordinance 2012

In mid-May 2011, the government, which considered the resignations leading to "de facto referendum" (2010 Hong Kong by-election) 'abusive' and a waste of resources, revealed its plan to do away with by-elections entirely. Secretary for Constitutional and Mainland Affairs Stephen Lam proposed that a Legislative Council seat in any geographical constituency or one of the newly created five-seat district council 'superconstituency' vacated by the resignation or death of a legislator would be filled by a 'leapfrog' mechanism by the next best placed candidate at the previous election.[22] The plan attracted criticism from Pan-Democrats; even its allies in the legislature expressed reservations about the workability of the plan.[23] The Bar Association severely criticised the plan, expressing concern over the constitutionality of the proposals, particularly the reasonableness on restrictions on the right to participation.[24]

The government tabled a bill to amend current legislation for by-elections for 13 July.[25] Following call by the Central Government Liaison Office to re-think, the government revised its proposal on 28 June stipulating replacement by an unsuccessful candidate on the same election ticket.[25] The government bowed to pressure and announced one week later that it would suspend reading of the bill for two months, pending consultations on the revised proposals.[26]

Electoral performances by party

[edit]
Vote share of the Legislative Council elections by party since 1991.
Party199820002004200820122016
%Seats%Seats%Seats%Seats%Seats%Seats
Democratic42.871331.661225.19920.63813.6569.227
Liberal3.40101.8886.72104.3372.6950.994
DAB25.23928.401122.731022.921020.221316.6812
PA51.9540.800
Frontier10.0336.7826.8912.191
Citizens2.811
ADPL3.9904.7514.2212.7911.6911.530
CTU7.3323.9512.801
NWSC4.5013.3312.8012.4210.971
New Forum1.6010.25011
AFA1.3803.441
FTU2.9735.7047.0667.935
Civic13.66514.0869.596
LSD10.1034.8612.611
Civic Act-up2.041
Labour6.1944.701
People Power9.7334.591
ES0.323
NPP3.7627.733
KWND1.911
ND1.5811.460
BPA2.297
Youngspiration2.062
Civic Passion5.631
Demosisto2.341
DG1.761

District Council elections

[edit]
Main article:Hong Kong District Council election

There are eighteen districts, and thus eighteenDistrict Councils in Hong Kong, each being acity council for its district. There is one constituency for, on average, every 17,000 residents, as there are 452 directly elected constituencies for 2019, and over 7.4 million residents in Hong Kong. A member is elected from each constituency byplurality vote. The chairpersons of the 27 rural committees areex officio members of the councils.

In 2023,the district council are reformed. The total directly seat are dropped from 452 to 88, only less than 19% seat can be directly elected. A newdistrict council eligibility review committee established to review candidate qualification.

Elections of deputies to the National People's Congress of the PRC

[edit]

Article 21 of The Basic Law of HKSAR stipulates:

Chinese citizens who are residents of the Hong Kong Special Administrative Region shall be entitled to participate in the management of state affairs according to law. In accordance with the assigned number of seats and the selection method specified by theNational People's Congress (NPC), Chinese citizens among permanent residents of the Hong Kong Special Administrative Region shall locally elect deputies of the Region to the National People's Congress to participate in the work of the highest organ of state power.

The 36 Hong Kong deputies to the National People's Congress are chosen by an electoral college composed of the following as specified in the Method for Election of Deputies of the Hong Kong Special Administrative Region of the People's Republic of China to the Eleventh National People's Congress passed in March 2022:[27]

A total of 1,989 electors returned Hong Kong deputies in the2017 election.

Village Representative elections

[edit]
Main article:Rural Representative elections

Rural Representatives consist of Village Representatives and Kaifong Representatives.

TheCourt of Final Appeal ruled that theSecretary for Home Affairs had to consider whether the person elected to represent a village was elected in accordance with electoral arrangements consistent with the Bill of Rights and the Sex Discrimination Ordinance whether to approve an elected Village Representative in December 2000. This decision caused Hong Kong Government to set up new arrangements for Village Representative. There are two types of Village Representatives, namely

  • Indigenous Inhabitant Representative representing indigenous inhabitants of an Indigenous Village; and
  • Resident Representative representing all residents of an Existing Village

Indigenous Inhabitant of an Indigenous Village that existed in 1898 (whether or not the name the Village now has is the same name it had in 1898) refers to:

  • a person who was in 1898 a resident of the Village; or
  • a person who is descended through the male line from a person mentioned above.

In 2013, the new Village Representative Election Ordinance has been implemented that the Kaifong Representatives fromCheung Chau andPeng Chau are regulated by theHome Affairs Department. The first new arrangements Village Representative elections was held in 2019. The next Village Representative elections would be held in 2023.

Electoral results

[edit]
Legislative Council elections
ElectionLargest faction
in LegCo
Composition of LegCo
(by alignment)
Largest faction in
directly elected seats
Composition of directly
elected seats (by alignment)
% of popular vote won by the
largest faction in directly elected seats
Turnout in
direct election
1991Pro-Beijing/
Conservative
Camp
23:4:34









Pro-democracy
Camp
16:2









61.63%35.72%
1995Pro-democracy
Camp
31:29









16:4









61.13%35.42%
1998Pro-Beijing
Camp
20:40









15:5









66.36%53.29%
200021:39









16:8









60.56%43.57%
200425:35









18:12









62.44%55.63%
200823:37









19:11









59.50%45.20%
201227:43









21:19









56.24% (GC)
50.73% (DCII)
53.05% (GC)
51.95% (DCII)
201629:1:41









21:19









55.02% (GC)
58.02% (DCII)
58.28% (GC)
57.09% (DCII)
20211:89









Pro-Beijing
Camp
0:20









91.25%30.20%
Municipal elections
ElectionLargest faction in
elected seats
Composition of
elected seats (by alignment)
% of popular vote won by the
largest faction in elected seats
Turnout
1983Conservative Camp8:7









33.93%22.37%
1986Pro-democracy camp9:10:8









29.13%26.92%
198911:8:8









33.73%17.60%
199115:5:7









47.23%23.14%
199534:1:24









51.51%22.93%
District Council elections
ElectionLargest faction in
elected seats
Composition of
elected seats (by alignment)
% of popular vote won by the
largest faction in elected seats
Turnout
1994Pro-Beijing Camp146:4:196









54.12%33.14%
1999157:1:232









54.69%35.82%
2003198:1:201









46.48%44.10%
2007127:2:276









53.98%38.83%
2011103:8:301









55.42%41.49%
2015126:7:298









54.61%47.01%
2019Pro-democracy camp388:2:62









57.09%71.23%
Legends

Latest elections

[edit]

2023 District Council election

[edit]
Main article:2023 Hong Kong local elections

2021 Legislative election

[edit]
Main article:2021 Hong Kong legislative election

2022 Chief executive election

[edit]
Main article:2022 Hong Kong Chief Executive election

See also

[edit]

Notes

[edit]
  1. ^Excluding theDistrict Council (Second) Functional Constituency, which was returned by popular vote; and the Urban Council, Regional Council andDistrict Council (First) functional constituencies, which were returned by indirect elections.
  2. ^12 electoral colleges were established to return unofficial members of the Legislative Council in the1985 and1988 Legislative Council elections, composed of members of district boards and municipal councils. Between1991 and1998, 2 members were returned by the Urban Council and Regional Council functional constituencies. In the1995 Legislative Council election, 10 seats were returned through an Election Committee composed of elected members ofdistrict boards. Between2000 and2016, 1 member was returned byDistrict Council (First) Functional Constituency.
  3. ^IncludingGeographical Constituencies and theDistrict Council (Second) Functional Constituency.

References

[edit]
  1. ^Norman Miners. 1981.The Government and Politics of Hong Kong. Hong Kong: Oxford University Press.
  2. ^“Elected Urbco protest over reform plan,” in:South China Morning Post, 1970
  3. ^“Sing Tao Jih Pao,” inHong Kong Standard, 8 March 1981
  4. ^The Hong Kong Government (1980).Green Paper: A Pattern of District Administration in Hong Kong. Hong Kong: Government Printer.
  5. ^The Hong Kong Government (1984).Green Paper: The Further Development of Representative Government in Hong Kong. Hong Kong: Government Printer. p. 12.
  6. ^The Hong Kong Government (1987).Green Paper: The 1987 Review of Developments in Representative Government. Hong Kong: Government Printer. p. 5.
  7. ^Loh, Christine (2010).Underground Front: The Chinese Communist Party in Hong Kong. Hong Kong University Press. p. 164.
  8. ^Loh 2010, p. 181.
  9. ^Kuan, Hsin-chi (1999).Power Transfer and Electoral Politics: The First Legislative Election in the Hong Kong Special Administrative Region. Chinese University Press. p. 3.
  10. ^Diamond, Larry; Myers, Ramon H. (2001).Elections and Democracy in Greater China. OUP Oxford. pp. 1985–6.
  11. ^[1], "Guidelines on Election-related Activities in respect of the Legislative Council Elections", Electoral Affairs Commission
  12. ^"China adopts decision to improve Hong Kong electoral system".Xinhua. 11 March 2021. Archived fromthe original on 12 March 2021. Retrieved5 February 2022.
  13. ^"Chief Executive Election Ordinance (Cap. 569)".Hong Kong e-Legislation. Retrieved4 February 2022.
  14. ^abcHK basic law web pdf. "HK basic law."The Basic Law of the Hong Kong Special Administrative region of the People's Republic of China. Retrieved on 8 January 2007.
  15. ^ab"Cap. 569 Chief Executive Election Ordinance".Hong Kong e-Legislation.
  16. ^abWilliams, Mark. Competition Policy and Law in China, Hong Kong and Taiwan. [2005] (2005). Cambridge University Press.ISBN 0-521-83631-X.
  17. ^"Legislative Council Ordinance (Cap. 542)".Hong Kong e-Legislation. Retrieved4 February 2022.
  18. ^"No. of electors in the 2021 final registers".Registration and Electoral Office. Retrieved4 February 2022.
  19. ^abDistribution of registered electors by functional constituencies in 2021,
  20. ^"Report on the 1995 Legislative General Election, Boundary and Election Commission"(PDF). Archived fromthe original(PDF) on 19 October 2016. Retrieved7 February 2022.
  21. ^Cheung, Gary (22 Jun 2010) "Beijing's U-turn 'to thwart radicals'",South China Morning Post
  22. ^Cheung, Gary (18 May 2011). "By-elections given a no-vote".South China Morning Post
  23. ^Fung, Wai-yee Fanny (19 May 2011). "Plan to scrap by-elections criticised".South China Morning Post
  24. ^Chong, Tanna (29 June 2011). "Government still not in clear over by-elections axe".South China Morning Post
  25. ^abFung, Wai-yee Fanny (1 July 2011). "Majority oppose polls-axe bid".South China Morning Post
  26. ^Lee, Colleen; Wong, Natalie (5 July 2011)."U-turn"Archived 16 October 2012 at theWayback Machine.The Standard (Hong Kong)
  27. ^"中華人民共和國香港特別行政區選舉第十四屆全國人民代表大會代表的辦法".The State Council of the People's Republic of China. Retrieved1 April 2022.

External links

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