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Functional constituency (Hong Kong)

From Wikipedia, the free encyclopedia
Type of constituency at the Hong Kong legislative assembly
This article is about a political group in Hong Kong. For other uses, seeFunctional constituency (disambiguation).

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In theLegislative Council of Hong Kong, afunctional constituency is a professional orspecial interest group that elects members to the legislature. Eligible voters in a functional constituency may includenatural persons as well as other designated legal entities such as organisations and corporations. (See:legal personality)

History

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The concept of functional constituencies (FC) in Hong Kong was first developed in the release of "Green Paper: A Pattern of District Administration in Hong Kong" on 18 July 1984 when indirect elections were introduced to the Legislative Council for the first time. The paper suggested that the Legislative Council create 24 seats with 12 seats from different professional interest groups. The 11 original functional constituencies created in 1985 were:

In 1988, the Financial constituency was enlarged into Financial andAccountancy constituencies and the Medical constituency was enlarged into Medical andHealth Care constituencies respectively.

In 1991, the functional constituencies were more developed. With 9 directly elected geographical constituencies created, 20 functional constituencies consisting of 11 types of industry in which 7 new functional constituencies includingHeung Yee Kuk, Urban Council and Regional Council were also set up.[1] The 7 new functional constituencies added in 1991 were:

In 1992,Chris Patten suggestedadditional political reform adding nine additional functional constituencies with a much expanded voter base to the existing system. The changes were implemented in the1995 legislative election. The 9 new functional constituencies added in 1995 were:

Aftertransfer of sovereignty over Hong Kong in 1997, there were 28 functional constituencies consisting of the following. Corporate voting was restored after it was abolished in 1995. It reduced the number of eligible voters by almost 90 percent, from over 1.1 million in 1995 to fewer than 140,000 in 1998:

The Labour constituency returns three seats and the others return one each.

By 2000, the seat held by Urban Council and Regional Council were dissolved by Chief ExecutiveTung Chee Hwa, the two seats were replaced byCatering andDistrict Council. The District Council would be renamed toDistrict Council (First) by 2012, as a result of the addition of a special Functional Constituency having candidates from District Council but with a different range of electors, namedDistrict Council (Second).

In 2021, theNational People's Congress initiated a decision tochange the electoral rule in Hong Kong. As a result of this decision, the fiveDistrict Council (Second) seats were abolished alongside theDistrict Council (First) andInformation Technology constituencies, whileHealth Services was merged withMedical to form theMedical and Health Service FC. Three new constituencies were created, namely theCommercial (Third), theTechnology and Innovation, 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.[2]

The following table charts the evolution of functional constituencies of the LegCo:

Evolution of functional constituencies
19851988199119951998200020042008201220162021
FCsUrban Council
(Electoral College)
Urban Council FCDistrict Council FCDistrict Council (First) FC
Regional Council
(Electoral College)
Regional Council FC
Commercial (First) FC
Commercial (Second) FC
Industrial (First) FC
Industrial (Second) FC
Finance FC
Labour FC
Social Services FC (1985–95) /Social Welfare FC (1995-)
Teaching FC (1985–95) /Education FC (1995-)
Legal FC
Engineering, Architectural, Surveying and Planning FCArchitectural, Surveying and Planning FC (1991–2016) / Architectural, Surveying, Planning & Landscape FC (2016-)
Engineering FC (1991-)
Medical FCMedical and Health Services FC (with the Chinese Medicine sector included as electorate)
Health Care FC (1988–95) /Health Services FC (1995–2022)
Accountancy FC
Real Estate and Construction FC
Tourism FC
Financial Services
Rural FC (1991–97) /Heung Yee Kuk FC (1998-)
Agriculture, Fisheries, Mining, Energy and Construction FCAgriculture and Fisheries FC
Textiles and Garment FCTextiles and Garment FC (Restricted Suffrage)
Manufacturing FC
Import and Export FCImport and Export FC (Restricted Suffrage)
Wholesale and Retail FCWholesale and Retail FC (Restricted Suffrage)
Hotels and Catering FCCatering FC
Transport and Communication FCTransport FC
Financing, Insurance, Real Estate and Business Services FCInsurance FC
Community, Social and Personal Services FC
Sports, Performing Arts, Culture and Publication FC
Information Technology FCTechnology and Innovation FC
HK Deputies to NPC, Members of CPPCC, and Rep. of Relevant National Organisations FC

Present

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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 electoral base is non-uniform, and there may be institutional votes or individual votes. Fourteen seats were uncontested in 2008; of the 16 contested seats, the number of electors, corporate and individuals combined, ranged from between 112 and 52,894 voters.[3] Four of the FC legislators – mostly those returned in fiercely contested elections – are aligned with the parties which support universal suffrage; two are independent and the rest (24) are pro-government.

TheStanding Committee of the National People's Congress (NPCSC) refers to the participation of the business block vote in the affairs of Hong Kong as "balanced participation". On 26 April 2004, the NPCSC published[4] its decision that:

Any change...shall conform to principles such as being compatible with the social, economic, political development of Hong Kong, being conducive to the balanced participation of all sectors and groups.

In 2021, the Government published details of the electoral base of the functional constituencies as follows:

Registered voters in the functional constituencies of Hong Kong in 2021[5]
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

Criticisms

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The2014 Hong Kong protests sought, among other goals, to abolish functional constituencies

Pro-democracy supporters criticise the functional constituency system for giving a minority too much power and influence. The right of corporations and legal entities to vote is also controversial, as it gives some individuals multiple votes. For example, in 1998,Sino Group chairmanRobert Ng and companies he controlled held roughly 3-4% of the votes in the real estate constituency, according to an analysis by theHong Kong Human Rights Monitor; they described this as being equivalent in voting power to 15,940 people in a geographical constituency.[6][7]

In most functional constituencies, the entire body of eligible voters comprises legal entities that are not natural persons. This is known as corporate voting.

In 2009, there were applications forjudicial review to challenge the legality of corporate voting on the grounds that it contravened the right to vote enshrined in Article 26 of theBasic Law or was discriminatory in nature.[8] Mr. JusticeAndrew Cheung (as the Chief Justice then was) dismissed the applications, emphasising that his judgment was solely concerned with theconstitutionality of corporate voting rather than the political wisdom of corporate voting or functional constituencies.[9]

There have been calls to abolish the functional constituencies from pan democrats. TheMay 2010 by-election was triggered by the resignation of 5 pan-democrats from theLegislative Council who put themselves up for re-election to the Legislative Council. The 'Five Constituencies Referendum' concept to use a by-election as a de facto referendum on universal suffrage and the abolition of functional constituencies was hatched by the League of Social Democrats.

Reform proposals

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Following the consultations on the2009 political reform package, where an additional five legislative seats for District Councils were proposed (in addition to Geographical seats) the government unveiled the revised package in mid-April 2010. It was proposed that the five additional Legco seats for the district council constituencies will be elected by proportional representation instead of block voting.[10] With the proposals looking likely to be vetoed, the Democratic Party said they would support the measures if the five new District Council functional seats, and the one existing seat, would return candidates nominated by district councillors and elected by all registered voters.[11]

See also

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References

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  1. ^Loh, Christine;Civic Exchange (1 March 2006).Functional Constituencies: A Unique Feature of the Hong Kong Legislative Council. Hong Kong University Press. p. 33.ISBN 978-962-209-790-2.
  2. ^"Annex II – Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures"(PDF).Xinhua. 30 March 2021.Archived(PDF) from the original on 30 March 2021. Retrieved30 March 2021.
  3. ^2008 Legislative Council ElectionArchived 7 October 2010 at theWayback Machine, Government of Hong Kong
  4. ^Decision of Standing Committee of the National People's Congress on Issues Relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region in the year 2007 and for Forming the Legislative Council of the Hong Kong Special Administrative Region for the year 2008, Hong Kong Government Regional Gazette, 26 April 2004
  5. ^Distribution of registered electors by functional constituencies in 2021,
  6. ^"Rights Group Attacks Electoral System",South China Morning Post, 4 December 1998
  7. ^"Corporate Voting is Highly Corrupt",Hong Kong Human Rights Monitor, December 1998, archived fromthe original on 27 February 2009, retrieved14 July 2009
  8. ^"Association France Hong Kong | A bridge between France & Hong Kong. A gateway to China".association-france-hongkong.org.
  9. ^"Chan Yu Nam v. Secretary for Justice". Retrieved2 March 2010.
  10. ^Lee, Diana, (15 April 2010).'Grab this golden chance'Archived 29 June 2011 at theWayback Machine,The Standard
  11. ^Leung, Ambrose and Cheung, Gary (1 June 2010). "Democrats seek deal for support of reforms",South China Morning Post

External links

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2012–2016 ←   Hong Kong Legislative Council constituencies2016–2021   →2021–2025
Geographical constituencies
Functional constituencies
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