Legislative Council of Hong Kong Special Administrative Region 香港特別行政區立法會 | |
|---|---|
| 7th Legislative Council (prorogated) | |
 | |
| Type | |
| Type | |
| History | |
| Founded |
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| Preceded by | Provisional Legislative Council |
| Leadership | |
| Structure | |
| Seats | 90 |
Political groups | |
| Elections | |
Last general election | 19 December 2021 |
Next general election | 7 December 2025 |
| Meeting place | |
 | |
| Legislative Council Complex, 1 Legislative Council Road,Tamar,Central & Western District,Hong Kong | |
| Website | |
| legco.gov.hk | |
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| Politics andgovernment ofHong Kong |
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Court of Final Appeal
Special courts and tribunals: |
Chief Executive Elections |
Documents Consular missions in Hong Kong
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Related topics Hong Kong portal |
TheLegislative Council of the Hong Kong Special Administrative Region, colloquially known asLegCo, is theunicameral legislature ofHong Kong. It followsChina'sone country, two systems constitutional arrangement, and is the power centre of Hong Kong'shybrid representative democracy, though popular representation in the legislature has diminished in recent years.[2][3]
The functions of the Legislative Council are to enact, amend or repeal laws; examine and approve budgets, taxation and public expenditure; and raise questions on the work of the government. In addition, the Legislative Council also has the power to endorse the appointment and removal of the judges of theHong Kong Court of Final Appeal and the Chief Judge of theHigh Court, as well as the power to impeach theChief Executive of Hong Kong.[4][5]
Following the2019–2020 Hong Kong protests, theNational People's Congress disqualified several opposition councillors and initiated anelectoral overhaul in 2021. The current Legislative Council consists of three groups of constituencies—geographical constituencies (GCs),functional constituencies (FCs), andElection Committee constituencies—and has been dominated by thepro-Beijing camp since an opposition walkout in 2020.[6] The 2021 changes resulted in a drop in the share of directly elected representatives from 50% to 22% and an increase in the overall number of seats from 70 to 90, along with the establishment of ascreening committee to vet candidates.[6] Since 2021, it is widely considered to be a rubber-stamp legislature due to the lack of opposition representatives and its frequent passing of laws with minimal discussion.
The original two groups (GCs and FCs) had constitutional significance. Government bills requires a simple majority of the council for passage, whereas private member bills requires simple majorities in two discretedivisions of geographical members and functional members for passage. Therefore, the directly elected legislators (mainly from the GCs) had minimal influence over government policy and legislative agenda.[citation needed]
The historicalLegislative Council of Hong Kong in theBritish colonial era was created under the 1843 Charter as an advisory council to theGovernor. The authority of the colonial legislature expanded throughout its history.[5] A parallelProvisional Legislative Council was put in place by China from 1996 to 1998 to pass laws in anticipation of the Hong Kong handover.
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The Legislative Council of Hong Kong was set up in 1843 for the first time as a colonial legislature under British rule. Hong Kong's first constitution,[5] in the form ofQueen Victoria'sletters patent, issued on 27 June 1843 and titled theCharter of the Colony of Hong Kong, authorised the establishment of the Legislative Council to advise theGovernor of Hong Kong's administration. The council had four official members including the governor who waspresident of the council when it was first established. The Letters Patent of 1888, which replaced the 1843 charter, added the significant words "and consent" after the words "with the advice".[5] The Legislative Council was initially set up as the advisory body to the governor, and for most of the time, consisted half of official members, who were the government officials seated in the council, and half ofunofficial members who were appointed by theGovernor.
After theSino-British Joint Declaration was signed on 19 December 1984 (in which the United Kingdom agreed to the handover of Hong Kong to thePeople's Republic of China on 1 July 1997), the Hong Kong government decided to start the process of democratisation based on the consultative document,Green Paper: the Further Development of Representative Government in Hong Kong on 18 July 1984.[7]
The first elections to the Councilwere held in 1985, followed by thefirst direct elections of the Legislative Council held in 1991. The Legislative Council became afully elected legislature for the first time in 1995 and extensively expanded its functions and organisations throughout the last years of the colonial rule.[8]
The People's Republic of China government did not agree withreforms to the Legislative Council enacted by the last GovernorChris Patten in 1994. Therefore, it withdrew the previous so-called "through-train" policy that would have allowed for members elected to the colonial Legislative Council automatically becoming members of the Hong Kong Special Administrative Region (HKSAR) legislature. Instead, the Beijing government resolved to set up an alternative legislative council in preparation for the return of Hong Kong sovereignty from Britain to China.
Before the 1997handover of Hong Kong, rather than working through the1995 elected colonial legislature, the government of China, through thePreparatory Committee for the Hong Kong Special Administrative Region (HKSAR), unilaterally established, in 1996, theProvisional Legislative Council (PLC) in Shenzhen, under theNational People's Congress of the People's Republic of China.[9]
The Provisional Legislative Council, seen as unconstitutional by the British authorities and boycotted by mostpro-democracy legislators, was in operation from 25 January 1997 to 30 June 1998 and held its meetings inShenzhen until 30 June 1997, when the PLC moved to Hong Kong and replaced the elected legislature from the 1997handover of Hong Kong until the1998 Hong Kong legislative election. Since 2000, the terms of the Legislative Council have been four years, with the exception of the6th Legislative Council.
The current HKSAR Legislative Council was established on 1 October 1998 under theHong Kong Basic Law. The first meeting of the council was held in July of the same year. Five subsequent Legislative Council elections have been held — the most recent being held on4 September 2016. TheDemocratic Party had briefly held the largest-party status in the early years of the SAR period, but its support was slowly eaten away by its pro-democracy allies such asThe Frontier and later theCivic Party. In the2004 election, thepro-BeijingDemocratic Alliance for the Betterment of Hong Kong (DAB) surpassed the Democrats as the largest party for the first time and has since held its superior status. Due to the indirectly elected trade-basedfunctional constituencies which largely favour business interests — represented by theLiberal Party and subsequently theBusiness and Professionals Alliance for Hong Kong (BPA) — the pro-Beijing camp has been able to keep the majority in the legislature despite receiving fewer votes than the pro-democracy bloc in the direct elections.
Article 68 of theHong Kong Basic Law states that the ultimate aim is the election of all the members of the Legislative Council byuniversal suffrage. This and asimilar article dealing with election of the Chief Executive have made universal suffrage for the council and the Chief Executive a dominant issue in Hong Kong politics.
In 2010, thegovernment's constitutional reform proposal became the first and only constitutional move to have been passed by the Legislative Council in the SAR era with the support of the Democratic Party after the Beijing government accepted the modified package as presented by the party, which increased the composition of the Legislative Council from 60 to 70 seats; adding five seats in the directly electedgeographical constituencies and five newDistrict Council (Second) functional constituency seats which are nominated by theDistrict Councillors and elected by all registered electorates.[10] The2014 Hong Kong electoral reform proposal, which suggested the electoral method of the Legislative Council remain unchanged, was vetoed in 2015, after a massive occupation protest demanding universal suffrage — often dubbed the "Umbrella Revolution" — broke out in 2014.[11]
The2016 New Territories East by-election andSeptember general election saw therise of localist tide where a number of pro-independence candidates were elected to the council. In November, in Beijing's fifth interpretation of the Basic Law since the 1997 handover, theNational People's Congress Standing Committee (NPCSC)disqualified two pro-independence legislators from assuming public office pursuant toArticle 104.[12][13] Four more pro-democracy and localist legislators were unseated in subsequent court cases.[14] Returning officers also disqualified certain candidates who had advocated for Hong Kong self-determination, with or without option for independence, from running in the following by-elections; the government expressed support for such decisions.[15][16]
The2019 amendment of the extradition bill caused an historic political upheaval, whereintensive protests erupted throughout the city in the latter half of the year, including thestorming of the Legislative Council Complex on the 22nd anniversary of the handover of Hong Kong on 1 July.[17] In July 2020, in light of the pro-democrats' attempt to seize the majority of the Legislative Council in the midst of the largely unpopularCarrie Lam government, the governmentpostponed the seventh general election, citing theCOVID-19 spike. At variance with the four-year term set out in the Basic Law, the NPCSC decided in August that the sitting Legislative Council should continue with its duties for at least one year; however, the term of the upcoming LegCo would remain four years.[12][18] In a November decision, the NPCSC disqualified LegCo members on grounds such as Hong Kong independence, Chinese sovereignty, and solicitation of foreign intervention, impacting four sitting legislatorswhose candidacies had been invalidated in the postponed election.[12] After the disqualification, the 15 remaining pro-democracy legislatorsannounced their resignation in protest, leaving the legislature with virtually no opposition.[19]
On 27 January 2021,CCP general secretaryXi Jinping said that Hong Kong could only maintain its long-term stability and security by ensuring "patriots governing Hong Kong" when he reviewed a work report delivered byCarrie Lam.[20] In March 2021, China'sNational People's Congress passed aresolution that authorised an overhaul of Hong Kong's electoral system, including that of the Legislative Council.[21] The reform would allow a new Candidate Eligibility Review Committee, composed entirely of principal officials from the Hong Kong government, to vet candidates for the Legislative Council and would increase its total number of seats from 70 to 90.[22] However, the seats that were directly elected would be reduced from 35 to 20, the five directly elected District Council (Second) seats would also be removed, while an additional 40 seats would beelected by the pro-BeijingElection Committee and 30 seats would remain trade-based functional constituencies. Every candidate must have nominations from each of the five sectors in the Election Committee.[22][23]
The seventh Legislative Council term, beginning in January 2022, made changes where lawmakers' names were replaced with "a member" or "members" in meeting minutes, a change which theHong Kong Journalists Association said "would make it more difficult for the public to hold lawmakers accountable, and therefore affect how voters may vote."[24] Additionally, the Chinese national emblem was installed in the chamber above the Hong Kong emblem for the first time.[25]
In April 2023, a survey found that half of Hongkongers were unable to name any serving lawmaker, with another 12% naming somebody not a current lawmaker.[26]
In May 2023, the Legislative Council voted with 100% approval to let the chief executive restrict overseas lawyers from national security cases, following attempts by the government to blockJimmy Lai from hiringTim Owen as his defense lawyer.[27]
In September 2023, a report found that at least 66% of all bills that were passed were done with less than half of all Legislative Council members present, below the 50% attendance threshold for a quorum.[28]
The first meetings of the Legislative Council of Hong Kong, from 1844 to 1846, were likely convened in the residence of Governor Pottinger (later to be the French Mission Building), still standing at Government Hill. From 1848 to 1954 (interrupted by renovation in 1928-9 and the Japanese occupation in 1941–5), it was housed on the upper floor of the Colonial Secretariat Building, Lower Albert Road, replaced in 1957 by the Annex to the Central Government Offices Main Wing, on the same site.[29] In 1985, LegCo moved down to the nearbyOld Supreme Court building (22°16′52″N114°09′36″E / 22.280996°N 114.160116°E /22.280996; 114.160116) inCentral Hong Kong where it remained until November 2011.[30] It took up residence in its present accommodation at the Legislative Block of theCentral Government Complex, Tamar in December 2011.
Unlike many other former and current Commonwealth legislatures, the Hong Kong Legislative Council does not have aceremonial mace placed in its chambers. However, the high courts of Hong Kong use a mace to open sessions, and it represents the authority and powers of the court.
To provide a long-term solution to the space shortage problem facing both the Government and the Legislative Council, the Government commissioned the Tamar Development for the design and construction of theCentral Government Complex, theLegislative Council Complex and other ancillary facilities in 2008. The Legislative Council Complex comprises a low block and a high block: the low block, which will be named the Council Block, mainly houses conference facilities including the Chamber, major conference rooms, and communal facilities such as library, cafeteria and education facilities. The range of education facilities for visit by the public includes video corner, visitors' sharing area, exhibition area, children's corner, viewing gallery and access corridors, memory lane, education activities rooms and education galleries. The high block, which will be named as the Office Block, mainly houses offices for members and staff of the Legislative Council Secretariat. Officially opened on 1 August 2011, administrative staff had already taken occupation on 15 January 2011.
Under the2021 Hong Kong electoral changes initiated by theNational People's Congress, the Legislative Council is now composed of 90 members returned from 3 constituencies: theElection Committee Constituency,Functional Constituencies andGeographical Constituencies by popular vote.
| No. of Members | Returned by | Voting Method | No. of Voters (2021) | |
|---|---|---|---|---|
| Election Committee Constituency | 40 | Members of the Election Committee | Plurality block voting | 1,448 |
| Functional Constituencies | 30 | Members of specified associations or professions | First-past-the-post voting /Plurality block voting | 210,675 (individual voters); 8,579 (body voters) |
| Geographical Constituencies | 20 | Direct elections | Single non-transferable vote | 4,472,863 |
The term of office of a member is constitutionally four years except for the first term (1998 to 2000) which was set to be two years according to Article 69 of theBasic Law. The6th Legislative Council's term of office of over five years from 2016 is in direct violation of Article 69 of the Basic Law.[citation needed]
In both the 2008 and 2004 elections, 30 members were directly elected byuniversal suffrage from geographical constituencies (GCs) and 30 were elected from functional constituencies (FCs). In the 2000 election, 24 were directly elected, six elected from an 800-memberelectoral college known as theElection Committee of Hong Kong, and 30 elected from FCs. Since the 2004 election, all the seats are equally divided between geographical and functional constituencies.
According to The Basic Law, while the method for forming the Legislative Council shall be specified in accordance with the principle of gradual and orderly progress, the ultimate aim is to elect all Council members byuniversal suffrage (Article 68 of The Basic Law of Hong Kong). However, under the 2021 overhaul, the seats that were directly elected would be reduced from 35 back down to 20, the five directly elected District Council (Second) seats would also be removed, while an additional 40 seats would be elected by the Beijing-controlled Election Committee and 30 seats would remain trade-based functional constituencies, reducing the proportion of directly elected seats from 50% to 22%. Additionally all candidates must now be approved by the HKSAR government via the Candidate Eligibility Review Committee. This has led to all parties that are not pro-Beijing declining to run in the elections, as it is now reasonable to assume that any pro-democracy candidates fielded that might be electable will be disqualified prior to the election.[citation needed]
| Capacity | Constituency | Portrait | Elected Members | Elected Party | Political Alignment | Born | Occupation(s) | Assumed Office | |
|---|---|---|---|---|---|---|---|---|---|
| President of the Legislative Council | |||||||||
| FC | Industrial (First) |  | Andrew Leung | BPA | Pro-Beijing | (1951-02-24)24 February 1951 | Merchant | 2004 | |
| Other members | |||||||||
| FC | Catering | .jpg) | Tommy Cheung | Liberal | Pro-Beijing | (1949-09-30)30 September 1949 | Merchant Legislative Councillor | 2000 | |
| FC | Commercial (First) | .jpg) | Jeffrey Lam | BPA | Pro-Beijing | (1951-10-23)23 October 1951 | Merchant | 2004 | |
| ECC | Election Committee |  | Starry Lee | DAB | Pro-Beijing | (1974-03-13)13 March 1974 | Accountant Legislative Councillor | 2008 | |
| GC | New Territories North East |  | Chan Hak-kan | DAB/NTAS | Pro-Beijing | (1976-04-24)24 April 1976 | Legislative Councillor | 2008 | |
| FC | Insurance |  | Chan Kin-por | Independent | Pro-Beijing | (1954-05-10)10 May 1954 | Legislative Councillor Chief Executive | 2008 | |
| ECC | Election Committee |  | Priscilla Leung | BPA/KWND | Pro-Beijing | (1960-11-18)18 November 1960 | Professor Barrister-at-law | 2008 | |
| GC | Hong Kong Island West |  | Regina Ip | NPP | Pro-Beijing | (1950-08-24)24 August 1950 | Chair of Savantas Policy Institute | 2008 | |
| ECC | Election Committee |  | Paul Tse | Independent | Pro-Beijing | (1959-01-21)21 January 1959 | Solicitor | 2008 | |
| GC | New Territories North West | .jpg) | Michael Tien | Roundtable | Pro-Beijing | (1950-08-26)26 August 1950 | Legislative Councillor Entrepreneur | 2012 | |
| FC | Agriculture and Fisheries | .jpg) | Steven Ho | DAB | Pro-Beijing | (1979-11-30)30 November 1979 | Legislative Councillor | 2012 | |
| FC | Transport |  | Frankie Yick | Liberal | Pro-Beijing | 1953 (1953) | Company Director | 2012 | |
| ECC | Election Committee | .png) | Ma Fung-kwok | New Forum | Pro-Beijing | (1955-07-22)22 July 1955 | Managing Director | 2012 | |
| GC | New Territories South West |  | Chan Han-pan | DAB/NTAS | Pro-Beijing | 1975 (1975) | Legislative Councillor | 2012 | |
| ECC | Election Committee | .jpg) | Alice Mak[a] | FTU | Pro-Beijing | (1971-11-01)1 November 1971 | Legislative Councillor | 2012 | |
| GC | Labour | .jpg) | Kwok Wai-keung | FTU | Pro-Beijing | (1978-04-15)15 April 1978 | Legislative Councillor Eastern District Councillor | 2012 | |
| ECC | Election Committee |  | Elizabeth Quat | DAB | Pro-Beijing | (1966-12-23)23 December 1966 | Legislative Councillor | 2012 | |
| FC | Commercial (Second) | .jpg) | Martin Liao | Independent | Pro-Beijing | 1957 (1957) | Barrister-at-law | 2012 | |
| FC | Engineering | .jpg) | Lo Wai-kwok | BPA | Pro-Beijing | (1953-12-25)25 December 1953 | Engineer | 2012 | |
| FC | Industrial (Second) | .jpg) | Jimmy Ng | BPA | Pro-Beijing | (1969-06-17)17 June 1969 | Company Director | 2016 | |
| ECC | Election Committee | .jpg) | Junius Ho | Independent | Pro-Beijing | (1962-06-04)4 June 1962 | Solicitor | 2016 | |
| GC | New Territories North West |  | Holden Chow | DAB | Pro-Beijing | (1979-06-07)7 June 1979 | Solicitor | 2016 | |
| FC | Wholesale and Retail |  | Shiu Ka-fai | Liberal | Pro-Beijing | (1970-04-22)22 April 1970 | Company Director | 2016 | |
| ECC | Election Committee | .jpg) | Yung Hoi-yan | NPP/CF | Pro-Beijing | (1977-06-07)7 June 1977 | Barrister-at-law | 2016 | |
| FC | Finance | .jpg) | Chan Chun-ying | Independent | Pro-Beijing | 1961 (1961) | Advisor | 2016 | |
| ECC | Election Committee |  | Cheung Kwok-kwan[a] | DAB | Pro-Beijing | (1974-06-30)30 June 1974 | Solicitor | 2016 | |
| ECC | Election Committee | .jpg) | Luk Chung-hung | FTU | Pro-Beijing | (1978-09-21)21 September 1978 | Legislative Councillor | 2016 | |
| GC | New Territories North | .jpg) | Lau Kwok-fan | DAB/NTAS | Pro-Beijing | (1978-06-28)28 June 1978 | Legislative Councillor | 2016 | |
| FC | Heung Yee Kuk |  | Kenneth Lau | BPA | Pro-Beijing | 1966 (1966) | Merchant | 2016 | |
| GC | Kowloon West | .jpg) | Vincent Cheng | DAB | Pro-Beijing | (1979-07-18)18 July 1979 | Legislative Councillor | 2018 (b) | |
| FC | Architectural, Surveying, Planning and Landscape |  | Tony Tse | Independent | Pro-Beijing | (1954-10-27)27 October 1954 | Surveyor | 2018 (b) | |
| ECC | Election Committee | .jpg) | Doreen Kong | Independent | Pro-Beijing | (1970-07-12)12 July 1970 | Solicitor | 2022 | |
| FC | Education | .jpg) | Chu Kwok-keung | FEW | Pro-Beijing | Unknown | School Principal | 2022 | |
| GC | New Territories South East | .jpg) | Stanley Li | DAB/NTAS | Pro-Beijing | (1983-08-12)12 August 1983 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .png) | Hoey Simon Lee | Independent | Pro-Beijing | 1977 (1977) | Chief Strategy Officer | 2022 | |
| FC | Financial Services |  | Robert Lee | Independent | Pro-Beijing | 1980 (1980) | Company Director | 2022 | |
| GC | New Territories North East | .jpg) | Dominic Lee | NPP/CF | Pro-Beijing | (1984-01-22)22 January 1984 | Company Director | 2022 | |
| FC | Social Welfare | .jpg) | Tik Chi-yuen | Third Side | Non-aligned | (1957-09-24)24 September 1957 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Lee Chun-keung | Liberal | Pro-Beijing | (1984-08-22)22 August 1984 | Legislative Councillor Manager | 2022 | |
| GC | Hong Kong Island East | .jpg) | Stanley Ng | FTU | Pro-Beijing | 1970 (1970) | Trade Unionist | 2022 | |
| ECC | Election Committee | .jpg) | Johnny Ng | Independent | Pro-Beijing | 1974 (1974) | Company Director | 2022 | |
| FC | Labour | .jpg) | Chau Siu-chung | FLU | Pro-Beijing | 1970 (1970) | Trade Unionist | 2022 | |
| ECC | Election Committee | .png) | Chow Man-kong | Independent | Pro-Beijing | Unknown | Associate Vice President of theEducation University of Hong Kong | 2022 | |
| FC | Medical and Health Services | .jpg) | David Lam | Independent | Pro-Beijing | 1966 (1966) | Surgeon | 2022 | |
| ECC | Election Committee | .jpg) | Lam Chun-sing | FLU | Pro-Beijing | 1981 (1981) | Trade Unionist | 2022 | |
| GC | New Territories South East | .jpg) | Lam So-wai | Professional Power | Pro-Beijing | (1987-12-31)31 December 1987 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .png) | Nixie Lam | DAB | Pro-Beijing | (1982-03-13)13 March 1982 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .png) | Nelson Lam[a] | Independent | Pro-Beijing | (1968-08-20)20 August 1968 | Accountant | 2022 | |
| ECC | Election Committee |  | Dennis Lam | Independent | Pro-Beijing | (1982-03-13)13 March 1982 | Doctor | 2022 | |
| FC | Legal | .jpg) | Lam San-keung | Independent | Pro-Beijing | 1961 (1961) | Solicitor | 2022 | |
| ECC | Election Committee | .jpg) | Andrew Lam | Independent | Pro-Beijing | 1961 (1961) | Company Chairman | 2022 | |
| FC | Technology and Innovation | .jpg) | Duncan Chiu | Independent | Pro-Beijing | 1974 (1974) | Merchant | 2022 | |
| FC | Tourism | .jpg) | Yiu Pak-leung | Independent | Pro-Beijing | (1974-03-11)11 March 1974 | Chairman of theChina Travel Service (Hong Kong) | 2022 | |
| ECC | Election Committee | .jpg) | Wendy Hong | Independent | Pro-Beijing | 1975 (1975) | Head of Research | 2022 | |
| ECC | Election Committee | .jpg) | Sun Dong[a] | Independent | Pro-Beijing | 1967 (1967) | Chair Professor of theCity University of Hong Kong | 2022 | |
| FC | Labour |  | Dennis Leung | FTU | Pro-Beijing | (1973-10-06)6 October 1973 | Community Officer | 2022 | |
| GC | Kowloon West | .jpg) | Leung Man-kwong | KWND | Pro-Beijing | (1984-08-03)3 August 1984 | Legislative Councillor | 2022 | |
| GC | Hong Kong Island East | .jpg) | Edward Leung | DAB | Pro-Beijing | (1985-03-08)8 March 1985 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Kenneth Leung | Independent | Pro-Beijing | (1984-03-03)3 March 1984 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Chan Yuet-ming | Independent | Pro-Beijing | 1972 (1972) | Legislative Councillor North District Councillor | 2022 | |
| ECC | Election Committee |  | Rock Chen | DAB | Pro-Beijing | (1966-06-06)6 June 1966 | Investment Manager Company Director | 2022 | |
| ECC | Election Committee | .jpg) | Chan Pui-leung | Independent | Pro-Beijing | 1959 (1959) | Legislative Councillor China Taiping Insurance (HK) Company Limited General Manager | 2022 | |
| FC | HKSAR members of NPC and CPPCC, Representatives of National Organisations |  | Chan Yung | DAB/NTAS | Pro-Beijing | (1966-06-06)6 June 1966 | Hong Kong Deputies to theNational People's Congress Legislative Councillor Social Worker | 2022 | |
| FC | Textiles and Garment | .jpg) | Sunny Tan | Independent[b] | Pro-Beijing | 1973 (1973) | Legislative Councillor Merchant | 2022 | |
| ECC | Election Committee | .jpg) | Judy Chan | NPP | Pro-Beijing | (1980-04-04)4 April 1980 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Maggie Chan | Independent | Pro-Beijing | (1969-02-03)3 February 1969 | Solicitor | 2022 | |
| ECC | Election Committee | .jpg) | Chan Siu-hung | Independent | Pro-Beijing | 1958 (1958) | Engineer | 2022 | |
| ECC | Election Committee | .jpg) | Chan Hoi-yan | Independent | Pro-Beijing | (1977-11-19)19 November 1977 | Legislative Councillor Company Director | 2022 | |
| GC | New Territories South West | .png) | Joephy Chan | FTU | Pro-Beijing | (1989-12-16)16 December 1989 | Trade Unionist | 2022 | |
| GC | Hong Kong Island West | .jpg) | Chan Hok-fung | DAB | Pro-Beijing | 1976 (1976) | Banker | 2022 | |
| GC | New Territories North | .jpg) | Gary Zhang | New Prospect | Pro-Beijing | 1989 (1989) | Engineer | 2022 | |
| ECC | Election Committee | .jpg) | Lilian Kwok | DAB | Pro-Beijing | (1979-04-20)20 April 1979 | Teacher | 2022 | |
| ECC | Election Committee | .jpg) | Benson Luk | BPA | Pro-Beijing | (1983-12-03)3 December 1983 | Chief Strategy Officer | 2022 | |
| ECC | Election Committee | .png) | Wong Yue-shan[c] | Independent | Pro-Beijing | (1975-12-22)22 December 1975 | Our Hong Kong Foundation Senior Vice President Executive Director of Public Policy Institute | 2022 | |
| FC | Import and Export |  | Kennedy Wong | DAB | Pro-Beijing | (1963-02-23)23 February 1963 | Solicitor | 2022 | |
| FC | Accountancy | .jpg) | Edmund Wong | DAB | Pro-Beijing | (1985-01-07)7 January 1985 | Accountant | 2022 | |
| ECC | Election Committee | .jpg) | Kingsley Wong | FTU | Pro-Beijing | 1968 (1968) | Trade Unionist | 2022 | |
| GC | Kowloon Central | .jpg) | Yang Wing-kit | Independent | Pro-Beijing | 1968 (1968) | Legislative Councillor Kowloon City District Councillor | 2022 | |
| ECC | Election Committee |  | Peter Koon | Independent | Pro-Beijing | (1965-12-02)2 December 1965 | Clergyman | 2022 | |
| ECC | Election Committee |  | Tang Fei | FEW | Pro-Beijing | Unknown | Legislative Councillor | 2022 | |
| GC | Kowloon East | .jpg) | Tang Ka-piu | FTU | Pro-Beijing | (1979-10-29)29 October 1979 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Lai Tung-kwok | NPP | Pro-Beijing | (1951-11-12)12 November 1951 | Legislative Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Lau Chi-pang | Independent[d] | Pro-Beijing | 1960 (1960) | Associate Vice President ofLingnan University | 2022 | |
| FC | Sports, Performing Arts, Culture and Publication | .png) | Kenneth Fok | Independent | Pro-Beijing | (1979-07-02)2 July 1979 | Merchant | 2022 | |
| FC | Real Estate and Construction | .jpg) | Louis Loong | Independent | Pro-Beijing | 1951 (1951) | Business Executive | 2022 | |
| GC | Kowloon East | .jpg) | Ngan Man-yu | DAB | Pro-Beijing | (1986-08-31)31 August 1986 | Legislative Councillor Kwun Tong District Councillor | 2022 | |
| ECC | Election Committee | .jpg) | Carmen Kan | Independent | Pro-Beijing | 1968 (1968) | Solicitor | 2022 | |
| ECC | Election Committee |  | Tan Yueheng | Independent | Pro-Beijing | 1962 (1962) | Chairman ofBOCOM International Holdings | 2022 | |
| ECC | Election Committee |  | So Cheung-wing | Independent | Pro-Beijing | 1960 | 2022 | ||
| FC | Commercial (Third) | .jpg) | Yim Kong | Independent | Pro-Beijing | 1972 (1972) | Business Executive | 2022 | |
| Supplementary members | |||||||||
| ECC | Election Committee | .jpg) | Adrian Ho | NPP | Pro-Beijing | 1977 (1977) | Company Director | 2022 (b) | |
| ECC | Election Committee | .jpg) | Shang Hailong | Independent | Pro-Beijing | 1982 (1982) | Merchant | 2022 (b) | |
| ECC | Election Committee | .jpg) | Chan Wing-kwong | DAB | Pro-Beijing | 1963 (1963) | Chinese Medicine Practitioner Legislative Councillor | 2022 (b) | |
| ECC | Election Committee | .jpg) | William Wong | Independent | Pro-Beijing | 1960 (1960) | Professor of theChinese University of Hong Kong | 2022 (b) | |
The Geographical Constituency (GC) seats are returned byuniversal suffrage. 20 seats of the Legislative Council are returned by GCs 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 constituency | Number of voters[31] | Number of seats | Voting system |
|---|---|---|---|
| Hong Kong Island East | 424,849 | 2 | Single non-transferable vote |
| Hong Kong Island West | 374,795 | ||
| Kowloon East | 475,223 | ||
| Kowloon West | 381,484 | ||
| Kowloon Central | 454,595 | ||
| New Territories South East | 472,751 | ||
| New Territories North | 431,604 | ||
| New Territories North West | 468,752 | ||
| New Territories South West | 510,558 | ||
| New Territories North East | 478,252 |
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 Year | Voting system | Number of constituencies | District magnitude | Total number of GC seats | Proportion of LegCo seats |
|---|---|---|---|---|---|
| 1991 | Plurality-at-large | 9 constituencies | 2 seats | 18 seats | 29.5% |
| 1995 | First-past-the-post voting | 20 constituencies | 1 seat | 20 seats | 33.3% |
| 1998 | Proportional representation | 5 constituencies | 3-9 seats | 20 seats | 33.3% |
| 2000 | 24 seats | 40% | |||
| 2004 | 30 seats | 50% | |||
| 2008 | |||||
| 2012 | 35 seats | 50% | |||
| 2016 | |||||
| 2021 | Single non-transferable vote | 10 constituencies | 2 seats | 20 seats | 22.2% |
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Between 1998 and 2016, the voting system adopted in GCs is a system ofparty-list proportional representation, with seats allocated by thelargest remainder method using theHare quota as the quota for election.
| Geographical constituencies | No. of Seats | ||||||
|---|---|---|---|---|---|---|---|
| 1998 | 2000 | 2004 | 2008 | 2012 | 2016 | ||
| Hong Kong Island | 4 | 5 | 6 | 6 | 7 | 6 | |
| Kowloon East | 3 | 4 | 5 | 4 | 5 | 5 | |
| Kowloon West | 3 | 4 | 4 | 5 | 5 | 6 | |
| New Territories East | 5 | 5 | 7 | 7 | 9 | 9 | |
| New Territories West | 5 | 6 | 8 | 8 | 9 | 9 | |
| Total | 20 | 24 | 30 | 30 | 35 | 35 | |
Under the2021 Hong Kong electoral changes, 28 functional constituencies (FC) return 30 members. TheLabour Functional Constituency returns three members byblock 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. Three 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. Two 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.
| Functional constituency | Number of registered electors | |||
|---|---|---|---|---|
| Bodies | Individuals | Total | ||
| 1 | Heung Yee Kuk | 161 | 161 | |
| 2 | Agriculture and Fisheries | 176 | 176 | |
| 3 | Insurance | 126 | 126 | |
| 4 | Transport | 223 | 223 | |
| 5 | Education | 85,117 | 85,117 | |
| 6 | Legal | 7,549 | 7,549 | |
| 7 | Accountancy | 27,778 | 27,778 | |
| 8 | Medical And Health Service | 55,523 | 55,523 | |
| 9 | Engineering | 10,772 | 10,772 | |
| 10 | Architectural, Surveying and Planning | 9,123 | 9,123 | |
| 11 | Labour | 697 | 697 | |
| 12 | Social Welfare | 13,974 | 13,974 | |
| 13 | Real Estate and Construction | 463 | 463 | |
| 14 | Tourism | 192 | 192 | |
| 15 | Commercial (First) | 1,041 | 1,041 | |
| 16 | Commercial (Second) | 421 | 421 | |
| 17 | Commercial (Third) | 288 | 288 | |
| 18 | Industrial (First) | 421 | 421 | |
| 19 | Industrial (Second) | 592 | 592 | |
| 20 | Finance | 114 | 114 | |
| 21 | Financial Services | 760 | 760 | |
| 22 | Sports, Performing Arts, Culture and Publication | 257 | 257 | |
| 23 | Import and Export | 231 | 231 | |
| 24 | Textiles and Garment | 348 | 348 | |
| 25 | Wholesale and Retail | 2,015 | 2,015 | |
| 26 | Technology and Innovation | 73 | 73 | |
| 27 | Catering | 141 | 141 | |
| 28 | HKSAR members of NPC and CPPCC, representatives of national organisations | 678 | 678 | |
| Total | 8,579 | 210,675 | 219,254 | |
The following FCs were abolished in the 2021 electoral reform.
Between 1998 and 2016, the Heung Yee Kuk, Agriculture and Fisheries, Insurance, and Transport FCs where apreferential elimination system is used due to the small number of voters. In the preferential elimination system, a voter must indicate preferences rather than approval/disapproval or a single choice. District Council (Second) uses the same voting rule in Geographical constituencies for the 5 seats.
Before the2021 elections, neither the Heung Yee Kuk nor the Commercial (Second) FCs have held an actual election, as only one candidate has stood for each FC in every election since their establishment in 1991 and 1985, respectively.
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 in 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.[33]
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.
Committees perform LegCo's functions of scrutinizing bills, approving public expenditure and monitoring Government's work.[34] There are several types of committees, with most committees additionally divided into subcommittees. The chairman of each committee is elected by the committee from among its members.[35]
There are three standing committees. which have the power to summon any person to give evidence and produce documents.[36]
The 18 panels monitor and examine government policy, and provide a forum for lawmakers to deliberate on policy matters. A panel may appoint a subcommittee to study a specific issue and report to the panel.
From the establishment of the Legislative Council in 1843 to 1993, the Governor was the President and a member of the council, and until 1917 the Governor was required to act with the advice but not necessary the consent of the Legislative Council. The Letters Patent of 1917 changed such practice by requiring the Governor to act "with advice and consent" of the Legislative Council.
Under the Basic Law (Article 72), the President has the powers and functions to preside over meetings, decide on the agenda, including giving priority to government bills for inclusion in the agenda, decide on the time of meetings, call special sessions during the recess, call emergency sessions on the request of the Chief Executive, and exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council. However, the president of the legislative council may not vote in most situations regarding government bills, and is encouraged to remain impartial towards all matters in the LegCo. The President of the Legislative Council has to meet the eligibility requirements set out in the Basic Law that he or she shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the HKSAR with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years.[38]
The President is elected by and from among Council members. The first President (1997–2008) wasRita Fan; the incumbent president, elected in 2016, isAndrew Leung of the pro-BeijingBusiness and Professionals Alliance for Hong Kong.
In a controversial move directed at reining in democratic legislators (most of whom were elected by universal suffrage and six of whose seats had been vacated by a controversial court order of disqualification), amendments to the Rules of Procedure were passed on 15 December 2017 giving sweeping powers to the President to control the business of the legislature. Among them is the power to vet proposed motions and amendments to bills, require legislators to explain them and to reject or merge them. Prior notice must be given of any notice of motion and the President may reconvene the chamber immediately after any failure to meet quorum.[39]
The quorum for meetings of the council is half of all LegCo Members; while the quorum for meetings of a committee of the whole during second reading of bills is 20, i.e. only 22 per cent of membership, having been reduced from 35 on 15 December 2017.[40]
After the 15 December 2017 amendments to procedure, a petition is to be submitted to the House Committee only with at least 35 signatures of members, effectively blocking democrat-sponsored scrutiny of government action.[39]
Passage of bills introduced by the government require only a simple majority of votes of the members of the Legislative Council present; whereas passage of motions, bills or amendments to government bills introduced by individual LegCo members shall require a simple majority of votes of each of the two groups of members present: namely members returned by the Election Committee and members returned by functional constituencies and geographical constituencies.[41]
Motions on amendments to the Basic Law require atwo-thirds vote in the Legislative Council, without a specific requirement in each group of constituencies. After passing the council, the Basic Law amendment must obtain the consent of two-thirds of Hong Kong's deputies to theNational People's Congress, and also the Chief Executive (the Chief Executive is vested with theveto power). The National People's Congress reserves the sole power to amend the Basic Law.[12]
Traditionally, the President does not vote. However, this convention is not a constitutional requirement.[42]
Since the handover, the pro-Beijing bloc has retained the majority of Legislative Council and thus government bills are rarely defeated in the Legislative Council except the following:[43]
Legislative Council general 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. Thepro-Beijing camp had absolute control of the Legislative Council with theDemocratic Alliance for the Betterment and Progress of Hong Kong (DAB) as the largest party.
In a typical Council meeting in the old Legislative chamber, members were seated to the left and front of the President's chair in the Chamber patterned after the adversarial layout ofWestminster system legislatures. The three rows to the right were reserved for government officials and other people attending the meetings.[44]
At the new LegCo site at Tamar, members sit facing the President (and council officers) in ahemicycle seating arrangement.
At present, the Secretariat, headed by the Secretary General, provides administrative support and services to the Council through its ten divisions. In addition to being the chief executive of the Secretariat, the Secretary General is also the Clerk to the Legislative Council responsible for advising the President on all matters relating to the procedure of the council.[45]
The following lists the composition of Legislative Council seats since its establishment:[46]
| Officials[e] | Appointed | Indirectly elected | Directly elected | Total | ||
|---|---|---|---|---|---|---|
| by Electoral College (inc.Election Committee) | byfunctional constituencies | |||||
| 1843 | 4 | – | – | – | – | 4 |
| 1844 | 6 | – | – | – | – | 6 |
| 1845 | 4 | – | – | – | – | 4 |
| 1850 | 6 | 2 | – | – | – | 8 |
| 1857 | 6 | 3 | – | – | – | 9 |
| 1858 | 7 | 3 | – | – | – | 10 |
| 1868 | 6 | 4 | – | – | – | 10 |
| 1883 | 7 | 5 | – | – | – | 12 |
| 1896 | 8 | 6 | – | – | – | 14 |
| 1917 | 8 | 6 | – | – | – | 14 |
| 1928 | 10 | 8 | – | – | – | 18 |
| 1964 | 13 | 13 | – | – | – | 26 |
| 1972 | 15 | 15 | – | – | – | 30 |
| 1976 | 23 | 23 | – | – | – | 46 |
| 1977 | 25 | 25 | – | – | – | 50 |
| 1980 | 27 | 27 | – | – | – | 54 |
| 1983 | 29 | 29 | – | – | – | 58 |
| 1984 | 29 | 32 | – | – | – | 61 |
| 1985–88 | 11 | 22 | 12 | 12 | – | 57 |
| 1988–91 | 11 | 20 | 12 | 14 | – | 57 |
| 1991–95 | 4 | 18 | – | 21 | 18 | 61 |
| 1995–97 | – | – | 10 | 30 | 20 | 60 |
| 1997–98 | – | – | 60 | – | – | 60 |
| 1998–2000 | – | – | 10 | 30 | 20 | 60 |
| 2000–04 | – | – | 6 | 30 | 24 | 60 |
| 2004–08 | – | – | – | 30 | 30 | 60 |
| 2008–12 | – | – | – | 30 | 30 | 60 |
| 2012–16 | – | – | – | 35 | 35 | 70 |
| 2016–21 | – | – | – | 35 | 35 | 70 |
| 2021–25 | – | – | 40 | 30 | 20 | 90 |
The following chart lists the composition of the Legislative Councils of Hong Kong since the Special Administrative Region (SAR) period from 1998, the composition and diagram indicate the seats controlled by the camps (green for thepro-democracy camp and red for thepro-Beijing camp) at the beginning of the sessions.
| Term (Election) | Diagram | Composition (by alignment) | President | DAB | FTU | BPA | NPP | Lib | DP | Civ |
|---|---|---|---|---|---|---|---|---|---|---|
| 1st (1998) |  | 20:40 | Rita Fan (Independent) | 9 | – | – | – | 10 | 13 | – |
| 2nd (2000) |  | 21:39 | Rita Fan (Independent) | 11 | – | – | – | 8 | 12 | – |
| 3rd (2004) |  | 25:35 | Rita Fan (Independent) | 12 | 1 | – | – | 10 | 9 | – |
| 4th (2008) |  | 23:37 | Jasper Tsang (DAB) | 13 | 1 | – | – | 7 | 8 | 5 |
| 5th (2012) |  | 27:1:42 | Jasper Tsang (DAB) | 13 | 6 | – | 2 | 5 | 6 | 6 |
| 6th (2016) |  | 29:1:40 | Andrew Leung (BPA) | 12 | 5 | 7 | 3 | 4 | 7 | 6 |
| 7th (2021) |  | 1:89 | Andrew Leung (BPA) | 19 | 8 | 7 | 5 | 4 | – | – |
Services to members were originally provided by the Office of the Clerk to the Legislative Council which was part of the Government Secretariat. Additional support later came from other administrative units, i.e. the Unofficial Members of the Executive and Legislative Councils (UMELCO) Secretariat and its variants, in consideration of the gradually rising volume of work in Council business.
With the establishment of UMELCO in 1963, public officers were seconded to UMELCO to assist members to deal with public complaints and build up public relations with the local community. During their secondments, public officers took instructions only from Council members. The practice remained when theOffice of the Members of the Executive and Legislative Councils (OMELCO) replaced UMELCO in 1986.[47]
In 1991, the OMELCO Secretariat was incorporated. As a result of the complete separation of membership of the Executive and Legislative Councils, OMELCO was renamed the Office of Members of Legislative Council (OMLEGCO).
The Legislative Council Commission, a statutory body independent of the Government, was established under The Legislative Council Commission Ordinance on 1 April 1994. The Commission integrated the administrative support and services to the council by the Office of the Clerk to the Legislative Council and the OMLEGCO Secretariat into an independent Legislative Council Secretariat. The Commission replaced all civil servants by contract staff in the 1994–1995 session.[48]
... the Legislative Council (LegCo), which has been dominated by pro-Beijing lawmakers since a mass opposition walkout last year.... While overall seats will increase from 70 to 90, the number of directly elected representatives will fall from 35 to 20.
... the Election Committee, which was expected to be filled by Beijing-loyalists.... The new members will include patriotic groups and members of the Chinese People's Political Consultative Conference (CPPCC) to further reinforce the pro-establishment camp's control of the body.
| Chief Executive elections | |
|---|---|
| Election Committee elections | |
| Legislative Council elections | |
| Sanitary Board and municipal elections | |
| District Council elections | |
| Rural Representative elections | |
| National People's Congress elections | |
| Plebiscite | |
| Sovereign states |
|
|---|---|
| States with limited recognition | |
| Dependencies and other territories | |
| International | |
|---|---|
| National | |
| Other | |
