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| April, 2021 |
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The purpose of improving the electoral system of the Hong Kong Special Administrative Region (HKSAR) is to plug the loopholes and improve the deficiencies in the electoral system, and develop a democratic system that suits Hong Kong's actual situation, meets the requirements for the implementation of "one country, two systems", and manifests the characteristics of Hong Kong, so as to ensure the comprehensive implementation of "patriots administering Hong Kong" and enhance the governance efficacies of the HKSAR Government thereby achieving good governance, allowing Hong Kong to develop the economy, improve people's livelihood and resolve various deep-seated problems with a view to ensuring the continued success of the "one country, two systems" and maintaining the prosperity and stability of Hong Kong. |
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One of the core improvements to the electoral system is to increase the number of members, enhance the composition of the Election Committee (EC) and empower the EC with new functions. With its membership enlarged from 1,200 to 1,500, the EC will include a new Fifth Sector comprising the Hong Kong deputies to the National People’s Congress (NPC), Hong Kong members of the Chinese People's Political Consultative Conference (CPPCC) and Hong Kong members of the relevant national organisations. The EC will nominate and elect the Chief Executive, elect 40 Legislative Council (LegCo) members and nominate all LegCo election candidates. |
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The HKSAR Government is pressing ahead with the necessary amendments to the relevant local electoral legislation according to the Decision of the NPC on improving the electoral system of HKSAR as well as the amended Annex I and Annex II to the Basic Law, notably the Chief Executive Election Ordinance (Cap. 569), the Legislative Council Ordinance (Cap. 542) and the relevant subsidiary legislation. The Improving Electoral System (Consolidated Amendments) Bill 2021 (the Bill) was introduced into the LegCo for first reading and second reading on 14 April. The HKSAR Government will fully complement the work of the LegCo in scrutinising the Bill to strive for its early passage so as to kick start the extensive preparatory work for the elections. |
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Read more about the background and main content of improving the electoral system. |
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Click here for “A Layman's Guide to the Improving Electoral System (Consolidated Amendments) Bill 2021”. |
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Frequently Asked Questions: |
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| 1. |
The Central Authorities have taken action twice proactively in a year. Firstly, there was the National Security Law and the establishment of the Office for Safeguarding National Security of the Central People's Government in the HKSAR, and now the Central Authorities have substantially changed the electoral system of the HKSAR. Is it a departure from the principles and policies of “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy? [Answer] |
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Absolutely not. These two major initiatives of the Central Authorities aim to put “One Country, Two Systems” back on the right track, and ensure the resolute and firm implementation of the principles of “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy in Hong Kong. The two decisions of the NPC have filled the long-standing gaping hole of national security in Hong Kong and plugged the loopholes in the existing electoral system. They safeguard national sovereignty, security and development interests, and provide a solid foundation for Hong Kong’s prosperity and stability. For many years, a small number of extremists in Hong Kong have taken advantage of inadequate national education and a weak sense of national identification among members of the public in the HKSAR. They spread anti-China sentiments and set “One Country” against “Two Systems”. With the support of external elements, they have gone further in recent years and blatantly advocated “Hong Kong Independence”, “self-determination” and “mutual destruction”, and incited violence and seize power through election. All these actions have seriously endangered national security and undermined HKSAR’s governance. If the institution and system in relation to the implementation of Basic Law are not improved with determination in good time, “One Country, Two Systems,” “Hong Kong people administering Hong Kong”, and the high degree of autonomy will be at risk.
In October 2019, the fourth plenary session of the 19th Central Committee of the Communist Party of China adopted the decision on “upholding the principle of ‘One Country, Two Systems’, maintaining lasting prosperity and stability of Hong Kong and Macao, and promoting the peaceful reunification of China” as one of the notable institutional strengths of the State and governance systems of our Country. This clearly illustrates the Central Authorities’ unwavering determination in upholding the “One Country, Two Systems” principle.
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| 2. |
Is improving the electoral system contrary to the aim of selecting the Chief Executive and electing all the Members of the LegCo by universal suffrage in accordance with the principle of gradual and orderly progress as enshrined in the Basic Law? [Answer] |
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Since the establishment of the HKSAR, the Central Authorities have genuinely and sincerely supported the development of the democratic system in light of the actual situation of the HKSAR and in accordance with the principle of gradual and orderly progress. The Standing Committee of the NPC has approved further development of the democratic system in HKSAR on three different occasions. However, due to the opposition camp’s obstruction, democratic development materialised only once in the past.
In particular, the “8.31 Decision” of the Standing Committee of the NPC in 2014 stipulated that the HKSAR might implement the selection of the Chief Executive by universal suffrage in 2017 in accordance with the requirement as enshrined in Article 45 of the Basic Law in 2017. However, the opposition camp initiated the illegal “Occupy Central Movement” and insisted the adoption of so called “civic nomination” which was contrary to the Article. They also voted down the constitutional development proposal which has since frustrated further democratic development of the HKSAR.
In the wake of the illegal “Occupy Central Movement”, the opposition forces have become even more blatant. The radical localists have exploited the loopholes in the electoral system, got elected into the LegCo and paralysed its operation. They initiated the most severe social unrest since the establishment of the HKSAR amid the saga over the proposed legislative amendments to the Fugitive Offenders Ordinance in 2019. If these actual circumstances in Hong Kong are not rectified in good time, national security, social stability and people’s livelihood cannot be safeguarded, and the aim of universal suffrage will never be attainable.
The Standing Committee of the NPC’s Decision this time has not revised the ultimate aim of attaining universal suffrage in relation to Article 45 and Article 68 of the Basic Law. We strongly believe that improving the electoral system, ensuring “patriots administering Hong Kong” and safeguarding the overall interests of society are conducive to the stable development of Hong Kong’s democracy.
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| 3. |
Why the steadfast and faithful implementation of “One Country, Two Systems” could only be guaranteed by “patriots administering Hong Kong”? Is there a higher patriotic standard for those who are involved in the administration of HKSAR? [Answer] |
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HKSAR is an inalienable part of the People’s Republic of China. It is a local administrative region which enjoys a high degree of autonomy and comes directly under the Central People’s Government. Sovereignty and jurisdiction are not separable. Only by keeping the authority to administer Hong Kong firmly in the hands of those who love the Country and love Hong Kong can the Central Authorities’ overall jurisdiction over the HKSAR be effectively implemented. When Mr. Deng Xiaoping put forward the principles of “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and “a high degree of autonomy”, he had already made it clear that “Hong Kong people administering Hong Kong” had its scope and criteria, and that is to say Hong Kong should be managed by Hong Kong people, with patriots forming the mainstay. In other words, “patriots administering Hong Kong” has been a central plank to the principle of “One Country, Two Systems” from the very beginning. Ask yourself: is there any country in the world which allows people who do not safeguard national sovereignty, security and development interests to administer a local administrative region within the country? Loyalty to one’s country is a politician’s most basic political ethics, and a universally applicable and steadfastly upheld principle and standard. As such, “patriots administering Hong Kong” is natural and in line with justice, and allows no ambivalence.
The Chief Executive and the legislators selected through election are the core components of Hong Kong’s political structure. Only through the implementation of “patriots administering Hong Kong” can the constitutional order of the HKSAR as set out in the Constitution and the Basic Law be complied with and the “One Country, Two Systems” be implemented steadfastly and faithfully.
People placed in important positions, in possession of important powers and shouldering important governing responsibilities in Hong Kong's political structure must be staunch patriots. They are expected to meet an even higher standard of patriotism, including having a deep understanding of the essence of the principle of “One Country, Two Systems”, always being mindful of the fundamental interests of the Country and the overall interests of Hong Kong, as well as being conversant with the faithful application and capable of leveraging the strengths of “One Country, Two Systems”.
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| 4. |
Are there any detailed and objective criteria for patriots? Does loving our country mean loving the Chinese Communist Party? [Answer] |
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As early as in 1984, Mr. Deng Xiaoping clearly articulated that the criteria of patriots are to respect one’s own nation, sincerely support the resumption of the exercise of sovereignty over Hong Kong by the Motherland, and not to impair Hong Kong’s prosperity and stability.
Article 104 of the Basic Law stipulates that the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary must, in accordance with law, “swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China” when assuming office. In response to the improper behavior during oath taking by a number of legislators of the Sixth Term of the LegCo, the Standing Committee of the NPC made the Interpretation of Article 104 of the Basic Law in November 2016. The LegCo is now scrutinising the Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 introduced by the HKSAR Government. The Bill specifies the oath taking requirement, the legal requirements and conditions of “upholding the Basic Law and bearing allegiance to the HKSAR”, and provides a set of detailed and objective criteria with a positive list and a negative list as prescribed in the law.
The patriots in HKSAR’s political structure must always adhere to the principle of “One Country” and respect the differences of “Two Systems”. Article 1 of the Constitution of the People’s Republic of China clearly stipulates that the socialist system is the fundamental system of the People’s Republic of China. Leadership by the Communist Party of China is the defining feature of socialism with Chinese characteristics. It is prohibited for any organisation or individual to damage the socialist system. Patriots must respect and should not attack the fundamental system and characteristics of our Country. Article 5 of the Basic Law stipulates that the socialist system and policies shall not be practised in the HKSAR, and the previous capitalist system and way of life shall remain unchanged for 50 years. As mentioned by President Xi Jinping in his speech at the meeting celebrating the 20th Anniversary of Hong Kong’s Return to China and the Inaugural Ceremony of the Fifth-term Government of the HKSAR on 1 July 2017, the Central Authorities should ensure the success of development on the Mainland which practises the socialist system as well as the success of development in Hong Kong which practises the capitalist system.
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| 5. |
Adjusting the Election Committee is the core element of improving electoral system this time. It is endowed with the new function of electing 40 legislators and nominating candidates for the LegCo elections. Does it imply that the Central Authorities would like to control the composition of the LegCo? [Answer] |
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As pointed out by Mr. Wang Chen, the Vice Chairman of the Standing Committee of the NPC in the Explanation of the Draft Decision, the overarching approach for improving the electoral system of the HKSAR is to enhance the balanced and orderly political participation in the political structure and ensure broader representation in the political structure through the reconstituted Election Committee which is entrusted with the new functions, and creating a Candidate Eligibility Review Committee to ensure that candidates comply with the “patriot” requirement, thereby establishing a new democratic electoral system according to the actual situation of Hong Kong and with Hong Kong characteristics. In the new system, the Election Committee will comprise 1500 Members from five sectors, thereby enhancing its representation. The number of seats in the LegCo will be increased from 70 to 90 and all of them will be returned by election, thereby upholding HKSAR permanent residents’ right to vote and to stand for election.
The Election Committee, being broadly representative, will be composed of representatives from different sectors and classes of Hong Kong community. The broadly representative Election Committee will elect some of the legislators and nominate candidates for the LegCo elections. It will help go beyond the vested interests of specific sectors, specific district and specific groups, which are inadequacies in the existing system, and make the LegCo more representative of the overall interest of Hong Kong.
On the other hand, the broadly representative Election Committee will elect the Chief Executive and some legislators, creating common ground in the electorate of Chief Executive and that of LegCo. It is conducive to the communication between the executive authorities and the legislature as well as the implementation of executive-led governance structure as enshrined in the Basic Law.
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| 6. |
Even with the addition of the legislators to be elected by the Election Committee, why can we not adopt a more balanced proportion where Election Committee constituency, functional constituencies and geographical constituencies each sharing 30 seats? [Answer] |
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Central Authorities’ overall requirements of improving the electoral system are to enhance the balanced and orderly political participation by the community and ensure broader representation in the political structure of Hong Kong. The reconstituted Election Committee is broadly representative, and its composition best demonstrates the balanced and orderly political participation. Mr. Wang Chen, the Vice Chairman of the Standing Committee of the NPC, has pointed out in the Explanation on the Draft Decision that the Election Committee will be entrusted with the new function of electing a larger proportion of legislators. The arrangement that the Election Committee elects 40 out of 90 legislators will help meet the objective of going beyond the vested interests of various groups and districts, which in turn helps the LegCo reflect the overall interests of the Hong Kong society and enhance efficacy of the HKSAR’s administration.
Having the Election Committee playing a larger role in the LegCo does not mean that the interests of particular sectors or districts would be ignored. According to the amended Annex II to the Basic Law, the passage of bills and motions introduced by the Government shall require at least a simple majority vote of the Members of the LegCo present. Sole reliance on the 40 votes of the Election Committee will not secure passage of a Government motion. As regards motions and bills introduced by individual Members of the LegCo, a simple majority vote of each of the two groups of Members present is required. Therefore, the 50 Members returned by functional constituencies and by geographical constituencies through direct elections are in effect holding the veto power for such motions and bills. In other words, even if the 40 Members of the Election Committee constituencies are unanimous, both Government’s and Member’s motions can only be passed with the support of Members returned by functional constituencies and those returned by geographical constituencies through direct elections, ensuring that diverse views are attached importance.
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| 7. |
Why is the proportional representation system adopted in returning legislators by geographical constituencies through direct elections replaced by a “double seats and single vote” system? Is this not a retrogression in democracy and is it intended to favour the pro-establishment camp? [Answer] |
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Currently, the direct elections of geographical constituencies adopt the largest remainder method under the proportional representation system. Its merit is that it prevents the dominance of a single party while its drawback is that it leads to fragmentation of political parties. Some radical candidates may make use of demagogical, extreme methods to appeal to a small proportion of voters and gain seats in the LegCo, making it hugely challenging for the executive authorities to work with the legislature. It also renders the political ecology more radical, which is not conducive to the stability of Hong Kong. The system of “double seats and single vote” will help ensure the stability of district politics and be beneficial to political parties’ long-term development. Under the “double seats and single vote” system, Hong Kong permanent residents’ rights to vote and to stand for election remain unaffected.
In selecting which political system to adopt, protection of any particular political camp has never been a deciding factor. Theoretically, the two camps face the same challenges and have equal chance in gaining seats in the LegCo under the system of “double seats and single vote”. A fair electoral system allows for a more broadly representative legislature that can reflect public opinion in a balanced manner. Within the overall framework of checks and balances, the legislature can also cooperate with the executive authorities, thereby attaining better governance. The system of “double seats and single vote” is better suited to achieve these objectives.
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| 8. |
Why does the reconstituted Election Committee exclude district councillors who are elected by the public through direct elections? [Answer] |
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District Councils are not organs of political power as stipulated in Article 97 of the Basic Law. They should tender advice to the Government on district administration, including provision of services in such fields as culture, recreation and environmental sanitation, and work for the well-being of all the residents in the district. It is however apparent in recent years that District Councils have become politics-driven platforms and been turned into anti-China and anti-government bridgeheads hampering the governance of the HKSAR. District Council elections have bred politicisation and extremism, and as a result these district organisations have deviated from their original non-political nature and status, and are on the verge of breaking down, causing public grievances. If District Councillors are given certain seats in the Election Committee and the LegCo, the loopholes in the electoral system will continue to exist.
The amended Annex I to the Basic Law by the Standing Committee of the NPC adds grassroots associations (60 seats) and clansmen associations (60 seats), representatives of committees which are genuinely concerned about local affairs in Hong Kong and Kowloon (76 seats) and in the New Territories (80 seats). In so doing, the Election Committee will have a broader representation and accord with the actual situation of Hong Kong, and can better attend to the overall interests of the Hong Kong society.
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| 9. |
Individual electors of the professional subsectors of the reconstituted Election Committee will be replaced by eligible bodies, resulting in a substantial shrinkage of electorate of the professional sectors. Nevertheless, individuals remain the electorates of professional functional constituencies of the LegCo. What are the justifications of the differential treatment? [Answer] |
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The Members of the ten subsectors under the professional sector of the Election Committee, be they ex-officio Members, nominated Members or elected Members, are all person-in-charge or representatives of organisations which are closely associated with and representative of the respective profession. It not only gives due regard to the actual situation of Hong Kong under which these statutory bodies, organisations and committees have been established for years, but also meets the requirement of a broadly representative Election Committee.
As regards the professional functional constituencies in the LegCo, we respect that their electorates have all along been the eligible electors who have professional registration status, hence the retention of the feature.
In fact, the core change in the improvement to the electoral system this time round is the Election Committee’s size, composition, function and formation method. The changes to the functional constituencies in the LegCo are relatively minor.
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| 10. |
Is improving the electoral system tailor-made for the pro-establishment camp with the aim to exclude the opposition camp from the LegCo? [Answer] |
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No. Patriotism is not the monopoly of any specific groups. Whoever meets the requirements and criteria of patriots, irrespective of whether they are pro-establishment or opposition, or whether they are conservatives or democrats, can participate in elections in accordance with the law and serve the Hong Kong public by entering into the governance structure of HKSAR. Officials of the Central Authorities have reiterated that “patriots administering Hong Kong” does not aim to promote homogeneity in the politics of Hong Kong. Not all members of the opposition camp should be regarded as anti-China and destabilising forces. There can be patriots in the pan-democratic camp who can still stand for election and be elected in accordance with the law.
As a matter of fact, the Central Authorities have all along been very tolerant and considerate of the situation in Hong Kong and the stance of some Hong Kong people. They have never demanded people to “speak with one voice”. President Xi Jinping said, at the meeting celebrating the 20th Anniversary of Hong Kong’s Return to the Motherland and the Inaugural Ceremony of the Fifth-term Government of the HKSAR, that “Hong Kong is a plural society. So it comes as no surprise that there are different views and even major differences on some specific issues. However, making everything political or deliberately creating differences and provoking confrontation will not resolve the problems. On the contrary, it can only severely hinder Hong Kong’s economic and social development”. President Xi clearly stated that “on the part of the Central Government, we are ready to talk to anyone who loves the Country, loves Hong Kong and genuinely supports the principle of ‘One Country, Two Systems’ and the Basic Law of the HKSAR, no matter what political views or position he or she may hold”.
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| 11. |
One of the objectives of improving the electoral system is to enhance the efficacy of the HKSAR Government’s governance. Does it mean that the LegCo will become a rubber stamp in future? [Answer] |
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No. The LegCo has the checks and balances function and it is monitored by the public. As long as legislators love the Country and Hong Kong, safeguard the national sovereignty, security and development interest, do not impair Hong Kong’s stability and prosperity, they are allowed to be critical of the Government and fulfil their constitutional function and achieve good governance for the public good. In fact, before the LegCo had deteriorated to become so much embroiled with antagonistic politics, the executive authorities were always willing and able to exchange views and cooperate with legislators who had different political stances, such that policies formulated were more in line with public aspirations. Improving the electoral system would actually help the LegCo restore its function as a platform for rational interaction between the executive authorities and the legislature which will enhance efficacy of governance.
With an improved LegCo, the number of legislators will increase from 70 to 90. In terms of composition, legislators returned by Election Committee elections, functional constituencies elections and geographical constituencies elections will make the LegCo wider in coverage, more balanced, more diverse in views and more representative.
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| 12. |
The establishment of the Candidate Eligibility Review Committee to “screen out” candidates will diminish electors’ choices considerably. Also, it is stipulated that the Candidate Eligibility Review Committee’s decision made pursuant to the opinion given by the Committee on National Security is not subject to any judicial proceedings. People who are not allowed to stand for election will then have no chance to appeal. Does this violate the principle of fair and just opportunities to stand for election? [Answer] |
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First of all, it is the common practice of many countries in the world that people running for public offices have to undergo an assessment which covers national security. It is the most basic ethical and legal requirement for politicians. Under the existing electoral system in Hong Kong, candidates are already required to confirm in writing to uphold the Basic Law and swear allegiance to the HKSAR in accordance with the law. Returning Officers will then decide whether the candidates meet the eligibility requirement, including whether they are satisfied that the candidates genuinely uphold the Basic Law and swear allegiance to the HKSAR.
The newly established Candidate Eligibility Review Committee will take over the function from Returning Officers in determining candidates’ eligibility in accordance with the law, the purpose of which is to exclude anti-China and destabilising forces from the governance structure of the HKSAR. It is the institutional safeguard of implementing “patriots administering Hong Kong” and has nothing to do with candidates’ political stance or belief.
Article 14 of National Security Law stipulates that information relating to the work of the Committee on National Security shall not be subject to disclosure, and decisions made by the Committee shall not be amenable to judicial review. In this connection, if the Candidate Eligibility Review Committee makes a decision based on the opinion given by the Committee on National Security, by the same token its content should not be subject to disclosure and the determination should not be subject to any judicial proceedings.
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For information on the latest developments of the amendments to the local legislation and other matters relating to elections, please visit the dedicated website. |
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