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Updated October 18, 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
Many analysts maintain that the system gives certain groups
Legislative Council, or Legco, has been a fundamental part
disproportionate influence in Legco. For instance, the
of Hong Kong’s complex and incomplete process of
financial sector seat is chosen by 125 financial institutions,
democratization, and as such has become a key concern of
while the five district council (second) seats are elected by
some U.S. policymakers.
nearly 3.5 million people.
As currently constituted, some of Legco’s members are
Table 1. Legco’s Geographical and Functional
elected via a democratic process, and others are selected by
Constituencies in 2016
a restricted mandate. Under the 1990 Chinese law
(Number of seats and number of registered electors in 2016)
establishing the governance system for the Hong Kong
Special Administrative Region (HKSAR) of the People’s
Constituency
Seats
Electors
Republic of China (PRC), known as the “Basic Law,” “the
Geographical Constituencies:
ultimate aim” is the election of “all the members of the
Hong Kong Island
6
627,804
Legislative Council” (as well as the Chief Executive) by
Kowloon East
6
601,566
universal suffrage “in accordance with the principle of
Kowloon West
5
488,129
gradual and orderly progress.” As a result, Legco plays a
New Territories East
9
975,071
critical role in both an assessment of democratization in
New Territories West
9 1,086,515
Hong Kong, as well as progress toward democratization.
Functional Constituencies:
Brief History of Legco
Accountancy
1
26,008
Agriculture and Fisheries
1
152
Legco has a history going back over 170 years marked by
Architectural, Surveying, Planning,
1
7,371
some progress—and some setbacks—in democratization.
and Landscape
The first Legco met in 1844, when the city was a British
Catering
1
5,485
colony. All Legco members were appointed by Hong
Kong’s Governor until 1985,
Commercial (First)
1
1,045
when 24 of the 57 members
Commercial (Second)
1
1,491
were selected by limited suffrage. In 1995, the last Legco
District Council (First)
1
431
under British rule consisted of 30 members selected by 29
“functional constituencies” representing soc
District Council (Second)
5 3,473,792
ial and
Education
1
88,185
economic sectors, 20 members elected by universal suffrage
Engineering
1
9,406
in 20 geographical constituencies, and 10 members selected
Finance
1
125
by an Election Committee. Every registered voter could
Financial Services
1
622
vote in one geographical and one functional constituency.
Health Services
1
37,423
Heung Yee Kuk
1
147
The PRC government objected to the manner by which the
Import and Export
1
1,400
1995 Legco was selected, and appointed a 60-member
Industrial (First)
1
544
Provisional Legco on December 21, 1996, which assumed
Industrial (Second)
1
769
office on July 1, 1997, the day on which the United
Information Technology
1
12,115
Kingdom transferred sovereignty over Hong Kong to
Insurance
1
134
China. On May 24, 1998, the first Legco under Chinese
Labour
3
668
sovereignty was chosen, consisting of 60 members: 20
Legal
1
6,773
elected by universal suffrage, 30 selected by limited
Medical
1
11,191
suffrage through 28 functional constituencies, and 10
Real Estate and Construction
1
714
appointed by the Election Committee. The electors in the 28
Social Welfare
1
13,824
functional constituencies included individuals, corporations,
Sports, Performing Arts, Culture,
1
2,920
and organizations. Between 1998 and 2004, the number of
and Publications
Legco members selected by the Election Committee was
Textiles and Garments
1
2,332
gradually reduced to zero, with the seats being reallocated
Tourism
1
1,426
to the five geographical constituencies.
Transport
1
195
Wholesale and Retail
1
6,727
Legco now has 70 members, with 35 elected by universal
Source: Hong Kong Electoral Affairs Commission.
suffrage in 5 geographical constituencies, 30 chosen
Note: Figures in italics include both individual and
through limited suffrage in 28 functional constituencies,
corporate/organizational electors.
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Hong Kong’s Legislative Council (Legco)
The Basic Law and Legco
Oath Controversy, Disqualifications, and
The Basic Law established an executive-led government
By-Elections
headed by a Chief Executive under which Legco has
Since the 2016 elections were held, Chinese and Hong
limited powers. Legco members can introduce legislation,
Kong officials have undertaken measures that appear to be
but the legislation cannot be related to public expenditure,
designed to disqualify pro-democracy Legco members. Five
political structure or operation of the government, and must
of the oaths taken by Legco-elect members on October 12,
have the written approval of the Chief Executive if
2016, were ruled invalid by the Legco president, including
pertaining to government policy. The Basic Law also
those given by Leung Chung-hang and Yau Wai-ching. On
stipulates that any proposal to amend the Basic Law—
October 18, then-Chief Executive Leung Chun-ying and
including amendments that would change the election
Justice Secretary Rimsky Yuen Kwok-keung filed a suit in
system for the Chief Executive or Legco—must be
Hong Kong’s High Court to prohibit Leung and Yau from
approved by at least two-thirds of all Legco members, as
retaking their oaths. On November 7, 2016, the NPCSC
well as the Chief Executive, two-thirds of the HKSAR’s
issued an “interpretation” of Article 104 of the Basic Law,
deputies in China’s National People’s Congress (NPC), and
mandating that all Hong Kong public officials must
the NPC’s Standing Committee (NPCSC).
“accurately, completely and solemnly read out the oath
prescribed by law.” On November 15, the High Court
Political Parties and Coalitions
disqualified Leung and Yau, ruling they “declined” to take
Most of Hong Kong’s political parties are part of one of
their oaths. Chief Executive Leung and Secretary Yuen
two informal coalitions. The “pro-democracy” coalition,
subsequently filed suits against two pan-democrats and two
which consists of the older “pan-democrat” parties and new
new political party members alleging that their oaths were
political parties that emerged out of the 2014 Umbrella
not valid. On July 14, 2017, the High Court disqualified the
Movement, support more rapid democratization; the “pro-
four Legco members, determining that the oaths as taken
establishment” coalition prefers more gradual adoption of
violated the NPCSC’s November 7 decision. Leung Chung-
universal suffrage. The functional constituencies have
hang and Yau lost their final appeal to Hong Kong’s Court
generally selected pro-establishment candidates, while the
of Final Appeal on August 25, 2017. Hong Kong’s Court of
geographical constituencies have elected more pro-
Appeal ruled against Leung Kwok-hung on February 15,
democracy candidates.
2019; he reportedly plans on appealing his disqualification
to Hong Kong’s Court of Final Appeal.
The HKSAR’s 6th Legislative Council
Candidates from 19 separate parties, as well as 12
By-elections held on March 11, 2018, and November 25,
independent candidates, won seats in the 6th Legco elections
2018, filled five of the six vacant seats (see Figure 1). Pro-
held in September 2016. The 2016 Legco elections also saw
democracy candidates won two geographical constituency
seven candidates from five new political parties nominate
seats (previously held by new political party members);
candidates and win seats. These new political parties
pro-establishment candidates won two geographical
generally support greater autonomy for Hong Kong. Six of
constituency seats (previously held by new political party
the elected candidates, including four from the new political
members) and one functional constituency seat (previously
parties and two from the pan-democrats, however, were
held by a pan-democrat).
disqualified by Hong Kong’s High Court from serving on
Legco (see below).
On April 9, 2019, Legco members Tanya Chan Suk-chong
and Shiu Ka-chun were convicted of incitement to commit
Figure 1. Political Composition of the 6th Legco,
public nuisance and incitement to incite public nuisance for
Following the March 2018 By-Elections
their activities during Hong Kong’s Umbrella Movement.
Chan was also sentenced to eight months in prison, but the
sentence was suspended for two years. Shiu was
subsequently sentenced to eight months in prison; he was
released on October 4, 2019.
Under Article 79 of the Basic Law, the Legco president can
disqualify a Legco member who is absent for three
consecutive months without the President’s consent. Also
under Article 79, a Legco member who has been convicted
and sentenced for one month or more can be disqualified by
the two-thirds vote of the Legco members present. Many
observers had expected Chan and Shiu to be disqualified
given their eight-month sentences, but both have continued
to serve in Legco. Both may be ineligible to run in the 2020
Legco election because of their convictions.
Michael F. Martin, Specialist in Asian Affairs
IF10500
Source: CRS.
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Hong Kong’s Legislative Council (Legco)
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