Hong Kong legislative election
Encyclopedia
Legislative elections are held in Hong Kong
whenever the Legislative Council
needs renewal.
The LEGCO is governed by Article 73 of the Basic Law, the Legislative Council of the HKSAR exercises the following powers and functions.
The Council meets every Wednesday afternoon in the Chamber of the Legislative Council Building to conduct its business while in session.
They can be held either at the expiry of a term (every four years) or if the Chief Executive
dissolves the legislature and calls a new election.
Hotly contested elections for the geographical constituencies
were held in 2004
and in 2008
. The next will be in 2012
.
Members of the Legislative Council also play important functions of scrutinizing bills, controlling public expenditure and monitoring Government's performance.
The LEGCO also has Legislative Council Redress System to receive and handle complaints from members of the public who are aggrieved by Government actions or policies.
The LEGCO elections have been mocked as a weak attempt at democracy and lacks the power to make laws and be the voice of the people of Hong Kong. Even prior to the handover in 1997, the LEGCO played a lesser role to the powerful Executive Council (EXCO) as the real corridor of power in Hong Kong, though reforms made by Governor Chris Patten
allowed many more HK people to participate in the functional constituency elections. These reforms were revoked by Beijing after the 1997 handover.
, submitted his Report to the Standing Committee of the National People's Congress
(NPCSC) on whether there is a need to amend the methods for selecting the Chief Executive of the Hong Kong in 2007 and for forming the Legislative Council
of the Hong Kong in 2008.
On 26 April 2004, the NPCSC at its 9th session of meeting adopted a Decision (see whole text), which rejected universal suffrage
in both 2007 and 2008. However, the Decision allowed appropriate amendments to the methods for selection and formation of the Chief Executive and the Legco to be made as long as they conform to the principle of gradual and orderly progress. Afterwards, the government continued to consult the public on the issues of political reform by a special commission led by the Chief Secretary for Administration
. Eventually, the government tabled its motions (see whole text) on the aforesaid amendments at the Legislative Council
Meeting on 21 December 2005.
The motions were considered to have no progress and improvement to the democratic development by the pro-democracy councilors. Since the government lacked the endorsement of a two-thirds majority of all the members of the Legislative Council
, both motions were voted down
. As a result, the formation method of the Legislative Council
of Hong Kong
in 2008 is still subjected to the original rules set in the Annex II to the Basic Law, which states as follows:
using the Largest remainder method
in each of five constituencies. This system has the advantage of providing representative governments.
Twenty-three of the 28 functional constituencies use single-member district plurality to elect their members, one (Labour) applies the Block vote
(with three seats to be filled), and four, dubbed special functional constituencies, use the preferential elimination system (aka Instant Runoff Voting).
The system for geographical constituencies has evolved over time. The first popular election in 1991 used a dual-seat constituency dual vote
system with two seats to be filled in each constituency, and responding to criticism, new election methods were explored, and the possibility of electoral reform was almost certain, with single non-transferable vote
(SNTV) and party-list proportional representation
being strongly considered. However, responding to public dissatisfication with the details, the electoral reform movement started losing popularity and, in the end, the government prescribed simple plurality as a last resort.
The problems of this system were quickly realized when the DAB obtained one-quarter of the vote and received only two out of 20 directly elected seats in the 1995 elections - the final before Hong Kong reverted to Chinese rule. The artificial majority of the democratic camp received harsh criticism from the pro-Beijing camp and the Chinese government. The same two options from the last session were brought back to the agenda; and when Chief Executive Tung Chee-Hwa came to power, he selected proportional representation over SNTV as the new system. This system has since effectively reinforce the executive-led structure and has been retained since without substantial change.
, and $25,000 for a "functional constituency
". Deposits are forfeit if the list (or candidate) fails to achieve a vote of less than 3% of the valid votes cast in the constituency.
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
whenever the Legislative Council
Legislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...
needs renewal.
The LEGCO is governed by Article 73 of the Basic Law, the Legislative Council of the HKSAR exercises the following powers and functions.
The Council meets every Wednesday afternoon in the Chamber of the Legislative Council Building to conduct its business while in session.
They can be held either at the expiry of a term (every four years) or if the Chief Executive
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
dissolves the legislature and calls a new election.
Hotly contested elections for the geographical constituencies
Geographical constituency
In Hong Kong and Macau, geographical constituencies, as opposed to functional constituencies, are elected by all eligible voters according to geographically demarcated constituencies. There are currently 5 geographical constituencies in Hong Kong...
were held in 2004
Hong Kong legislative election, 2004
The 2004 Hong Kong legislative election for members of the Legislative Council of Hong Kong was held on 12 September 2004. The elections returned 30 members from directly elected geographical constituencies and 30 members from functional constituencies, of which 11 were unopposed.-General...
and in 2008
Hong Kong legislative election, 2008
The 2008 Hong Kong legislative election was held on 7 September 2008 for the 4th Legislative Council since the establishment of the Hong Kong Special Administrative Region. There are 60 seats in the 4th Council, with 30 Members elected by geographical constituencies through direct elections, and...
. The next will be in 2012
Hong Kong legislative election, 2012
The 2012 Hong Kong legislative election will be held in 2012 for the 5th Legislative Council since the establishment of the Hong Kong Special Administrative Region. There will be 70 seats in the fifth Council, ten more than previously, with 35 Members elected by geographical constituencies through...
.
Members of the Legislative Council also play important functions of scrutinizing bills, controlling public expenditure and monitoring Government's performance.
The LEGCO also has Legislative Council Redress System to receive and handle complaints from members of the public who are aggrieved by Government actions or policies.
The LEGCO elections have been mocked as a weak attempt at democracy and lacks the power to make laws and be the voice of the people of Hong Kong. Even prior to the handover in 1997, the LEGCO played a lesser role to the powerful Executive Council (EXCO) as the real corridor of power in Hong Kong, though reforms made by Governor Chris Patten
Chris Patten
Christopher Francis Patten, Baron Patten of Barnes, CH, PC , is the last Governor of British Hong Kong, a former British Conservative politician, and the current chairman of the BBC Trust....
allowed many more HK people to participate in the functional constituency elections. These reforms were revoked by Beijing after the 1997 handover.
Formation method
In April 2004, Mr. Tung Chee-Hwa, the former Chief Executive of Hong KongChief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
, submitted his Report to the Standing Committee of the National People's Congress
Standing Committee of the National People's Congress
The Standing Committee of the National People's Congress is a committee of about 150 members of the National People's Congress of the People's Republic of China , which is convened between plenary sessions of the NPC. It has the constitutional authority to modify legislation within limits set by...
(NPCSC) on whether there is a need to amend the methods for selecting the Chief Executive of the Hong Kong in 2007 and for forming the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
of the Hong Kong in 2008.
On 26 April 2004, the NPCSC at its 9th session of meeting adopted a Decision (see whole text), which rejected universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
in both 2007 and 2008. However, the Decision allowed appropriate amendments to the methods for selection and formation of the Chief Executive and the Legco to be made as long as they conform to the principle of gradual and orderly progress. Afterwards, the government continued to consult the public on the issues of political reform by a special commission led by the Chief Secretary for Administration
Chief Secretary for Administration
The Chief Secretary for Administration , commonly known as Chief Secretary and abbreviated as CS, is the second highest position of the Hong Kong Government...
. Eventually, the government tabled its motions (see whole text) on the aforesaid amendments at the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
Meeting on 21 December 2005.
The motions were considered to have no progress and improvement to the democratic development by the pro-democracy councilors. Since the government lacked the endorsement of a two-thirds majority of all the members of the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
, both motions were voted down
December 2005 protest for democracy in Hong Kong
On 4 December 2005, tens of thousands of people in Hong Kong protested for democracy and called on the Government to allow universal and equal suffrage. The protesters demanded the right to directly elect the Chief Executive and all the seats of the Legislative Council...
. As a result, the formation method of the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
in 2008 is still subjected to the original rules set in the Annex II to the Basic Law, which states as follows:
Voting system
The 30 geographical seats of the Legislative Council are returned by proportional representationProportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
using the Largest remainder method
Largest remainder method
The largest remainder method is one way of allocating seats proportionally for representative assemblies with party list voting systems...
in each of five constituencies. This system has the advantage of providing representative governments.
Twenty-three of the 28 functional constituencies use single-member district plurality to elect their members, one (Labour) applies the Block vote
Plurality-at-large voting
Plurality-at-large voting is a non-proportional voting system for electing several representatives from a single multimember electoral district using a series of check boxes and tallying votes similar to a plurality election...
(with three seats to be filled), and four, dubbed special functional constituencies, use the preferential elimination system (aka Instant Runoff Voting).
The system for geographical constituencies has evolved over time. The first popular election in 1991 used a dual-seat constituency dual vote
Plurality-at-large voting
Plurality-at-large voting is a non-proportional voting system for electing several representatives from a single multimember electoral district using a series of check boxes and tallying votes similar to a plurality election...
system with two seats to be filled in each constituency, and responding to criticism, new election methods were explored, and the possibility of electoral reform was almost certain, with single non-transferable vote
Single non-transferable vote
The single non-transferable vote or SNTV is an electoral system used in multi-member constituency elections.- Voting :In any election, each voter casts one vote for one candidate in a multi-candidate race for multiple offices. Posts are filled by the candidates with the most votes...
(SNTV) and party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
being strongly considered. However, responding to public dissatisfication with the details, the electoral reform movement started losing popularity and, in the end, the government prescribed simple plurality as a last resort.
The problems of this system were quickly realized when the DAB obtained one-quarter of the vote and received only two out of 20 directly elected seats in the 1995 elections - the final before Hong Kong reverted to Chinese rule. The artificial majority of the democratic camp received harsh criticism from the pro-Beijing camp and the Chinese government. The same two options from the last session were brought back to the agenda; and when Chief Executive Tung Chee-Hwa came to power, he selected proportional representation over SNTV as the new system. This system has since effectively reinforce the executive-led structure and has been retained since without substantial change.
Nominations
Lists for parties and for individuals may be nominated during a two-week nomination period ending five weeks before polling day.Deposits and refund
Each list of candidates is subject to a deposit of $50,000 for a geographical constituencyGeographical constituency
In Hong Kong and Macau, geographical constituencies, as opposed to functional constituencies, are elected by all eligible voters according to geographically demarcated constituencies. There are currently 5 geographical constituencies in Hong Kong...
, and $25,000 for a "functional constituency
Functional constituency
In the political systems of Hong Kong and Macau, a functional constituency is a professional or special interest group involved in the electoral process...
". Deposits are forfeit if the list (or candidate) fails to achieve a vote of less than 3% of the valid votes cast in the constituency.
Rebate of campaign expenses
Since the 2004 election, the Government has instituted a system to issue a rebate to candidates of $10 rebate for each vote received, capped at 50 per cent of the candidate's total election expenses. A candidate would qualify for the rebate if he/she wins a seat or secures 3% or more of the valid votes cast, and a list of candidates is qualified if one or more of its members wins a seat or the list secures 3% or more of the valid votes cast. They are entitled to one free round of promotional material sent by post, and a chance to state their platforms free of charge on RTHK. Upon application, the Government will pay the difference between election expenses incurred and donations received, subject to a cap dependent on the number of votes cast for the candidate ($11 per vote at 2008).Voter registration
Electors in a geographical constituency, must satisfy all the following requirements to be eligible:- 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 a Hong Kong identity documentHong Kong Identity CardThe Hong Kong Identity Card is an official identity document issued by the Immigration Department of Hong Kong. The Hong Kong Permanent Identity Card is a class of HKID issued to Hong Kong residents who have the right of abode in Hong Kong SAR. According to the Registration of Persons Ordinance...
or has applied for a new - not disqualified by application of s 31 of the Legislative Council Ordinance (Cap 542).