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Updated May 8, 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). Elections are held every four years.
foreign policy.” The development of Hong Kong’s
Legislative Council, or Legco, has been a fundamental part
Many analysts maintain that the system gives certain groups
of Hong Kong’s complex and incomplete process of
disproportionate influence in Legco. For instance, the
democratization, and as such has become a key concern of
financial sector seat is chosen by 125 financial institutions,
some U.S. policymakers.
while the five district council (second) seats are elected by
nearly 3.5 million people.
As currently constituted, some of Legco’s members are
elected via a democratic process, and others are selected by
Table 1. Legco’s Geographical and Functional
a restricted mandate. Under the 1990 Chinese law
Constituencies in 2016
establishing the governance system for the Hong Kong
(Number of seats and number of registered electors in 2016)
Special Administrative Region (HKSAR) of the People’s
Republic of China (PRC), known as the “Basic Law,” “the
Constituency
Seats
Electors
ultimate aim” is the election of “all the members of the
Geographical Constituencies:
Legislative Council” (as well as the Chief Executive) by
Hong Kong Island
6
627,804
universal suffrage “in accordance with the principle of
Kowloon East
6
601,566
gradual and orderly progress.” As a result, Legco plays a
Kowloon West
5
488,129
critical role in both an assessment of democratization in
New Territories East
9
975,071
Hong Kong, as well as progress toward democratization.
New Territories West
9 1,086,515
Brief History of Legco
Functional Constituencies:
Accountancy
1
26,008
Legco has a history going back over 170 years marked by
Agriculture and Fisheries
1
152
some progress—and some setbacks—in democratization.
Architectural, Surveying, Planning,
1
7,371
The first Legco met in 1844, when the city was a British
and Landscape
colony. All Legco members were appointed by Hong
Kong’s Governor until 1985,
Catering
1
5,485
when 24 of the 57 members
Commercial (First)
1
1,045
were selected by limited suffrage. In 1995, the last Legco
Commercial (Second)
1
1,491
under British rule consisted of 30 members selected by 29
“functional constituencies” representing soc
District Council (First)
1
431
ial and
District Council (Second)
5 3,473,792
economic sectors, 20 members elected by universal suffrage
Education
1
88,185
in 20 geographical constituencies, and 10 members selected
Engineering
1
9,406
by an Election Committee. Every registered voter could
Finance
1
125
vote in one geographical and one functional constituency.
Financial Services
1
622
Health Services
1
37,423
The PRC government objected to the manner by which the
Heung Yee Kuk
1
147
1995 Legco was selected, and appointed a 60-member
Import and Export
1
1,400
Provisional Legco on December 21, 1996, which assumed
Industrial (First)
1
544
office on July 1, 1997, the day on which the United
Industrial (Second)
1
769
Kingdom transferred sovereignty over Hong Kong to
Information Technology
1
12,115
China. On May 24, 1998, the first Legco under Chinese
Insurance
1
134
sovereignty was chosen, consisting of 60 members: 20
Labour
3
668
elected by universal suffrage, 30 selected by limited
Legal
1
6,773
suffrage through 28 functional constituencies, and 10
Medical
1
11,191
appointed by the Election Committee. The electors in the 28
Real Estate and Construction
1
714
functional constituencies included individuals, corporations,
Social Welfare
1
13,824
and organizations. Between 1998 and 2004, the number of
Sports, Performing Arts, Culture,
1
2,920
Legco members selected by the Election Committee was
and Publications
gradually reduced to zero, with the seats being reallocated
Textiles and Garments
1
2,332
to the five geographical constituencies.
Tourism
1
1,426
Transport
1
195
Legco now has 70 members, with 35 elected by universal
Wholesale and Retail
1
6,727
suffrage in 5 geographical constituencies, 30 chosen
Source: Hong Kong Electoral Affairs Commission.
through limited suffrage in 28 functional constituencies,
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Hong Kong’s Legislative Council (Legco)
Note: Figures in italics include both individual and
Figure 1. Political Composition of the 6th Legco,
corporate/organizational electors.
Following the March 2018 By-Elections
The Basic Law and Legco
The Basic Law established an executive-led government
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 China’s National People’s Congress (NPC), and
the NPC’s Standing Committee (NPCSC).
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
Source: CRS.
political parties that emerged out of the 2014 Umbrella
Movement, support more rapid democratization; the “pro-
Oath Controversy, Disqualifications, and
establishment” coalition prefers more gradual adoption of
By-Elections
universal suffrage. The functional constituencies have
Since the 2016 elections were held, Chinese and Hong
generally selected pro-establishment candidates, while the
Kong officials have undertaken measures that appear to be
geographical constituencies have elected more pro-
designed to disqualify pro-democracy Legco members. Five
democracy candidates.
of the oaths taken by Legco-elect members on October 12,
The HKSAR’s 6th Legislative Council
2016, were ruled invalid by the Legco president, including
those given by Leung Chung-hang and Yau Wai-ching. On
Candidates from 19 separate parties, as well as 12
October 18, then-Chief Executive Leung Chun-ying and
independent candidates, won seats in the 6th Legco elections
Justice Secretary Rimsky Yuen Kwok-keung filed a suit in
held in September 2016. The 2016 Legco elections also saw
Hong Kong’s High Court to prohibit Leung and Yau from
seven candidates from five new political parties nominate
retaking their oaths. On November 7, 2016, the NPCSC
candidates and win seats. These new political parties
issued an “interpretation” of Article 104 of the Basic Law,
generally support greater autonomy for Hong Kong. Six of
mandating that all Hong Kong public officials must
the elected candidates, including four from the new political
“accurately, completely and solemnly read out the oath
parties and two from the pan-democrats, however, were
prescribed by law.” On November 15, the High Court
disqualified by Hong Kong’s High Court from serving on
disqualified Leung and Yau, ruling they “declined” to take
Legco (see below).
their oaths. Chief Executive Leung and Secretary Yuen
subsequently filed suits against two pan-democrats and two
new political party members alleging that their oaths were
not valid. On July 14, 2017, the High Court disqualified the
four Legco members, determining that the oaths as taken
violated the NPCSC’s November 7 decision. Leung Chung-
hang and Yau lost their final appeal to Hong Kong’s Court
of Final Appeal on August 25, 2017. Hong Kong’s Court of
Appeal ruled against Leung Kwok-hung on February 15,
2019; he reportedly plans on appealing his disqualification
to Hong Kong’s Court of Final Appeal.
By-elections held on March 11, 2018, and November 25,
2018, filled five of the six vacant seats (see Figure 1). Pro-
democracy candidates won two geographical constituency
seats (previously held by new political party members);
pro-establishment candidates won two geographical
constituency seats (previously held by new political party
members) and one functional constituency seat (previously
held by a pan-democrat).
On April 9, 2019, Legco members Tanya Chan Suk-chong
and Shiu Ka-chun were convicted of incitement to commit
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Hong Kong’s Legislative Council (Legco)
public nuisance and incitement to incite public nuisance for
the two-thirds vote of the Legco members present. Many
their activities during Hong Kong’s Umbrella Movement.
observers expect Shiu to be disqualified given his eight-
Shiu was subsequently sentenced to eight months in prison;
month sentence, and anticipate Chan will also be
Chan’s sentencing was postponed to June 10 for health
disqualified if she receives a similar sentence. Both may be
reasons.
ineligible to run in the 2020 Legco election because of their
convictions.
Under Article 79 of the Basic Law, the Legco president can
disqualify a Legco member who is absent for three
Michael F. Martin, Specialist in Asian Affairs
consecutive months without the President’s consent. Also
under Article 79, a Legco member who has been convicted
IF10500
and sentenced for one month or more can be disqualified by
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
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