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Updated February 21, 2019
Hong Kong’s Legislative Council (Legco)
The United States-Hong Kong Policy Act of 1992 (22
and 5 District Council members elected by voters ineligible
U.S.C. 5701, P.L. 102-383) states, “Support for
to vote in the functional constituencies, the so-called “super
democratization is a fundamental principle of United States
seats” (see Table 1). Many analysts maintain that the
foreign policy.” The development of Hong Kong’s
system gives certain groups disproportionate influence in
Legislative Council, or Legco, has been a fundamental part
Legco. For instance, the financial sector seat is chosen by
of Hong Kong’s complex and incomplete process of
125 financial institutions, while the five district council
democratization, and as such has become a key concern of
(second) seats are elected by nearly 3.5 million people.
some U.S. policymakers.
Table 1. Legco’s Geographical and Functional
As currently constituted, some of Legco’s members are
Constituencies in 2016
elected via a democratic process, and others are selected by
(Number of seats and number of registered electors in 2016)
a restricted mandate. Under the 1990 Chinese law
establishing the governance system for the Hong Kong
Constituency
Seats
Electors
Special Administrative Region (HKSAR) of the People’s
Geographical Constituencies:
Republic of China (PRC), known as the “Basic Law,” “the
Hong Kong Island
6
627,804
ultimate aim” is the election of “all the members of the
Kowloon East
6
601,566
Legislative Council” (as well as the Chief Executive) by
Kowloon West
5
488,129
universal suffrage “in accordance with the principle of
New Territories East
9
975,071
gradual and orderly progress.” As a result, Legco plays a
New Territories West
9 1,086,515
critical role in both an assessment of democratization in
Functional Constituencies:
Hong Kong, as well as progress toward democratization.
Accountancy
1
26,008
Brief History of Legco
Agriculture and Fisheries
1
152
Architectural, Surveying, Planning,
1
7,371
Legco has a history going back over 170 years marked by
and Landscape
some progress—and some setbacks—in democratization.
Catering
1
5,485
The first Legco met in 1844, when the city was a British
Commercial (First)
1
1,045
colony. All Legco members were appointed by Hong
Kong’s Governor until 1985,
Commercial (Second)
1
1,491
when 24 of the 57 members
District Council (First)
1
431
were selected by limited suffrage. In 1995, the last Legco
District Council (Second)
5 3,473,792
under British rule consisted of 30 members selected by 29
“functional constituencies” representing soc
Education
1
88,185
ial and
Engineering
1
9,406
economic sectors, 20 members elected by universal suffrage
Finance
1
125
in 20 geographical constituencies, and 10 members selected
Financial Services
1
622
by an Election Committee. Every registered voter could
Health Services
1
37,423
vote in one geographical and one functional constituency.
Heung Yee Kuk
1
147
Import and Export
1
1,400
The PRC government objected to the manner by which the
Industrial (First)
1
544
1995 Legco was selected, and appointed a 60-member
Industrial (Second)
1
769
Provisional Legco on December 21, 1996, which assumed
Information Technology
1
12,115
office on July 1, 1997, the day on which the United
Insurance
1
134
Kingdom transferred sovereignty over Hong Kong to
Labour
3
668
China. On May 24, 1998, the first Legco under Chinese
Legal
1
6,773
sovereignty was chosen, consisting of 60 members: 20
Medical
1
11,191
elected by universal suffrage, 30 selected by limited
Real Estate and Construction
1
714
suffrage through 28 functional constituencies, and 10
Social Welfare
1
13,824
appointed by the Election Committee. The electors in the 28
Sports, Performing Arts, Culture,
1
2,920
functional constituencies included individuals, corporations,
and Publications
and organizations. Between 1998 and 2004, the number of
Textiles and Garments
1
2,332
Legco members selected by the Election Committee was
Tourism
1
1,426
gradually reduced to zero, with the seats being reallocated
Transport
1
195
to the five geographical constituencies.
Wholesale and Retail
1
6,727
Source: Hong Kong Electoral Affairs Commission.
Legco now has 70 members, with 35 elected by universal
Note: Figures in italics include both individual and
suffrage in 5 geographical constituencies, 30 chosen
corporate/organizational electors.
through limited suffrage in 28 functional constituencies,
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Hong Kong’s Legislative Council (Legco)
The Basic Law and Legco
Figure 1. Political Composition of the 6th Legco,
The Basic Law established an executive-led government
Following the March 2018 By-Elections
headed by a Chief Executive under which Legco has
limited powers. Legco members can introduce legislation,
but the legislation cannot be related to public expenditure,
political structure or operation of the government, and must
have the written approval of the Chief Executive if
pertaining to government policy. The Basic Law also
stipulates that any proposal to amend the Basic Law—
including amendments that would change the election
system for the Chief Executive or Legco—must be
approved by at least two-thirds of all Legco members, as
well as the Chief Executive, two-thirds of the HKSAR’s
deputies in the NPC, and the NPC’s Standing Committee.
Political Parties and Coalitions
Most of Hong Kong’s political parties are part of one of
two informal coalitions. The “pro-democracy” coalition,
which consists of the older “pan-democrat” parties and new
political parties that emerged out of the 2014 Umbrella
Movement, support more rapid democratization; the “pro-
establishment” coalition prefers more gradual adoption of
universal suffrage. The functional constituencies have
Source: CRS.
generally selected pro-establishment candidates, while the
geographical constituencies have elected more pro-
Oath Controversy, Disqualifications, and
democracy candidates.
By-Elections
Five of the oaths taken by Legco-elect members on October
Table 2. Political Composition of Legco following the
12, 2016, were ruled invalid by the Legco president,
September 2016 Elections
including those given by Leung Chung-hang and Yau Wai-
(by political coalition and number of seats)
ching. On October 18, then-Chief Executive Leung Chun-
ying and Justice Secretary Rimsky Yuen Kwok-keung filed
New Political
a suit in Hong Kong’s High Court to prohibit Leung and
Pro-establishment
Pan-democrats
Parties
Yau from retaking their oaths. On November 7, 2016,
China’s National People’s Congress Standing Committee
Democratic Alliance for Democratic Party
Youngspiration
the Betterment and
(7)
(2)
(NPCSC) issued an “interpretation” of Article 104 of the
Progress of Hong Kong
Civic Party (6)
Civic Passion
Basic Law, mandating that all Hong Kong public officials
must “accurately, completely and solemnly read out the
(12)
Professional
(1)
Business and
Commons (2)
Democracy
oath prescribed by law.” On November 15, the High Court
Professional Alliance (7) Hong Kong
Groundwork
disqualified Leung and Yau, ruling they “declined” to take
their oaths. Chief Executive Leung and Secretary Yuen
Hong Kong Federation
Professional
(1)
of Trade Unions (5)
Teachers Union
Demosisto (1)
subsequently filed suits against two pan-democrats and two
Liberal Party (4)
(1)
People Power
new political party members alleging that their oaths were
not valid. On July 14, 2017, the High Court disqualified the
New People’s Party (3)
Labour Party (1)
(1)
Federation of Hong
League of Social
four Legco members, determining that the oaths as taken
violated the NPCSC’s November 7 decision.
Kong and Kowloon
Democrats (1)
Leung Chung-
hang and Yau lost their final appeal to Hong Kong’s Court
Labour Unions (1)
Neighborhood
New Century Forum
and Worker’s
of Final Appeal on August 25, 2017. Hong Kong’s Court of
(1)
Service Center (1)
Appeal ruled against Leung Kwok-hung on February 15,
2019; he reportedly plans on appealing his disqualification
Source: Hong Kong Electoral Affairs Commission.
to Hong Kong’s Court of Final Appeal.
Note: People Power split from League of Social Democrats in 2011,
but chose not to affiliate with the pan-democrats.
By-elections held on March 11, 2018, and November 25,
The HKSAR’s 6th Legislative Council
2018, filled five of the six vacant seats (see Figure 1). Pro-
Candidates from 19 separate parties, as well as 12
democracy candidates won two geographical constituency
independent candidates, won seats in the 6th Legco elections
seats (previously held by new political party members);
held in September 2016 (see Table 2). The 2016 Legco
pro-establishment candidates won two geographical
elections also saw seven candidates from five new political
constituency seats (previously held by new political party
parties nominate candidates and win seats. These new
members) and one functional constituency seat (previously
political parties generally support greater autonomy for
held by a pan-democrat).
Hong Kong. Six of the elected candidates, including four
from the new political parties and two from the pan-
Michael F. Martin, Specialist in Asian Affairs
democrats, however, were disqualified by Hong Kong’s
High Court from serving on Legco (see below).
IF10500
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Hong Kong’s Legislative Council (Legco)
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