Updated July 23, 2020
Hong Kong’s Legislative Council (Legco)
The United States-Hong Kong Policy Act of 1992 (22
deputies in China’s National People’s Congress (NPC), and
U.S.C. 5701, P.L. 102-383) states, “Support for
the NPC’s Standing Committee (NPCSC).
democratization is a fundamental principle of United States
foreign policy.” The development of Hong Kong’s
Brief History of Legco
Legislative Council, or Legco, has been a fundamental part
Legco has a history going back over 170 years marked by
of Hong Kong’s complex and incomplete process of
some progress—and some setbacks—in democratization.
democratization, and as such has become a key concern of
The first Legco met in 1844, when the city was a British
some U.S. policymakers.
colony. All Legco members were appointed by Hong
Kong’s Governor until 1985, when 24 of the 57 members
As currently constituted, some of Legco’s members are
were selected by limited suffrage. In 1995, the last Legco
elected via a democratic process, and others are selected by
under British rule consisted of 30 members selected by 29
a restricted mandate (see “Brief History of Legco” below).
“functional constituencies” with representing social and
Under the 1990 Chinese law establishing the governance
economic sectors, 20 members elected by universal suffrage
system for the Hong Kong Special Administrative Region
in 20 geographical constituencies, and 10 members selected
(HKSAR) of the People’s Republic of China (PRC), or
by an Election Committee. Every registered voter could
“Basic Law,” “the ultimate aim” is the election of “all the
vote in one geographical and one functional constituency.
members of the Legislative Council” (as well as the Chief
Executive) by universal suffrage. As a result, Legco plays a
The PRC government objected to the manner by which the
critical role in both an assessment of democratization in
1995 Legco was selected, and appointed a 60-member
Hong Kong, as well as progress toward democratization.
Provisional Legco on December 21, 1996, which assumed
office on July 1, 1997, the day on which the United
On June 30, 2020, China’s National People’s Congress
Kingdom transferred sovereignty over Hong Kong to
Standing Committee (NPCSC) promulgated a national
China. On May 24, 1998, the first Legco under Chinese
security law (NSL) for Hong Kong that broadly and
sovereignty was chosen, consisting of 20 members elected
vaguely defines the crimes of secession, subversion,
by universal suffrage, 30 selected by limited suffrage
terrorist activities, and collusion with a foreign entity. The
through 28 functional constituencies, and 10 appointed by
NSL also bans anyone convicted of a NSL crime from
the generally pro-PRC Election Committee, which selects
becoming a Legco member for the rest of their lives.
Hong Kong’s Chief Executive. The electors in the 28
functional constituencies included individuals, corporations,
Partially in response to the promulgation of the NSL, on
and organizations. Between 1998 and 2004, the number of
July 14, 2020, President Trump signed the Hong Kong
Legco members selected by the Election Committee was
Autonomy Act (P.L. 116-149) which among other things,
gradually reduced to zero, with the seats being reallocated
authorizes the imposition of sanctions on “foreign persons”
to the five geographical constituencies.
responsible for the PRC government’s failure to abide by its
commitments under the Basic Law, including the implicit
Legco now has 70 members, with 35 elected by universal
transition to democracy. On the same day, President Trump
suffrage in 5 geographical constituencies, 30 chosen
issued Executive Order 13936, which permits the
through limited suffrage in 28 functional constituencies,
sanctioning of “any foreign person” responsible for “actions
and 5 District Council (Second) members elected by voters
or policies that undermine democratic processes or
ineligible to vote in the functional constituencies, the so-
institutions in Hong Kong,” or “responsible for or involved
called “super seats.” Elections are held every four years.
in developing, adopting, or implementing” the NSL.
The division of Legco members into geographical and
functional constituencies gives certain groups
The Basic Law and Legco
disproportional representation in Legco. For instance, in the
The Basic Law established an executive-led government
2016 election, the financial sector seat was chosen by 125
headed by a Chief Executive under which Legco has
financial institutions, while the five District Council
limited powers. Legco members can introduce legislation,
(Second) seats were elected by nearly 3.5 million people.
but the legislation cannot be related to public expenditure,
political structure or operation of the government, and must
Political Parties and Coalitions
have the written approval of the Chief Executive if
Hong Kong’s political parties can be divided into two
pertaining to government policy. The Basic Law also
informal coalitions. The “pro-democracy” coalition consists
stipulates that any proposal to amend the Basic Law—
of the older “pan-democrat” parties (largely based in the
including amendments that would change the election
city’s white collar professionals and trade unions) and new
system for the Chief Executive or Legco—must be
political parties that emerged out of the 2014 Umbrella
approved by at least two-thirds of all Legco members, as
Movement. The “pro-establishment coalition” contains a
well as the Chief Executive, two-thirds of the HKSAR’s 36
mixture of business and trade union leaders who are
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Hong Kong’s Legislative Council (Legco)
generally supportive of the PRC and HKSAR government.
ruling they “declined” to take their oaths. The HKSAR
In general, the “pro-democracy” coalition supports more
government subsequently filed suits against two pan-
rapid democratization, while the “pro-establishment”
democrats and two new political party members alleging
coalition prefers more a gradual transition. The functional
that their oaths were not valid. On July 14, 2017, the High
constituencies have generally selected pro-establishment
Court disqualified the four Legco members.
candidates, while the geographical constituencies have
typically elected more pro-democracy candidates.
By-elections were held on March 11, 2018, and November
25, 2018, to fill five of the six vacant seats (see Figure 1).
The HKSAR’s 6th Legislative Council
Pan-democratic candidates won two geographical
Candidates from 19 separate parties, as well as 12
constituency seats (previously held by new political party
independent candidates, won seats in the 6th Legco elections
members); pro-establishment candidates won two
held in September 2016. The 2016 Legco elections also saw
geographical constituency seats (previously held by new
7 candidates from 5 new political parties nominate
political party members) and one functional constituency
candidates and win seats. Six of the elected candidates,
seat (previously held by a pan-democrat).
including four from the new political parties and two from
the pan-democrats, however, were subsequently
On December 17, 2019, Hong Kong’s High Court ruled that
disqualified by Hong Kong’s High Court.
pan-democratic party members Au Nok-hin and Gary Fan
Kwok-wai, who won seats in the by-elections, were not
Figure 1. Political Composition of the 6th Legco,
properly elected because two new political party candidates,
Following the By-Elections and Disqualifications
Agnes Chow Ting and Ventus Lau Wing-hong, were
improperly prohibited from running for office by the
Electoral Affairs Commission. Because the next Legco
elections had been already scheduled for September 2020,
Hong Kong’s Electoral Affairs Commission decided not to
hold another by-election, leaving vacant three Legco seats
previously filled by pro-democracy members.
2020 Elections
Hong Kong is scheduled to hold Legco elections on
September 6, 2020, the first elections to be held under the
NSL and during the Coronavirus Disease 2019 (COVID-
19) pandemic. Many pro-democracy candidates are
concerned that they will be disqualified for alleged
violations of the NSL, their past statements about Hong
Kong autonomy, and/or involvement in the 2019
demonstrations. After the NSL was promulgated, several of
the new political parties disbanded to avoid possible
criminal charges or disqualification in the 2020 Legco
elections.
Source: CRS.
Most of the pro-democracy parties and candidates
Note: By-elections were held in March and November 2018 to fil 5
participated in an informal primary held on July 11 and 12
of the 6 vacant seats resulting from the High Court’s disqualifications.
to select candidates for all the geographical constituency
seats, the five “super seats,” and health services functional
Oath Controversy, Disqualifications, and
constituency seat. More than 610,000 people, or over 13%
By-Elections
of the eligible voters, participated in the primary, which
After the 2016 elections were held, PRC and HKSAR
took place despite the HKSAR government’s objections.
officials undertook measures that led to the disqualification
Sixteen successful candidates associated with the new
of elected pro-democracy Legco members, and prevented
political parties of the 2016 elections have formed the
the nomination of pro-democracy candidates. Legco
“localist resistance camp,” but plan to work with the “pan-
President Andrew Leung Kwan-yuen, a member of the pro-
democrat” candidates in a joint effort to win a majority of
establishment coalition, ruled invalid five of the oaths taken
seats in Legco.
by Legco-elect members on October 12, 2016, including
those given by new political party members, Leung Chung-
The official nomination period for the Legco elections runs
hang and Yau Wai-ching. On October 18, the HKSAR
July 18-31, 2020. PRC and HKSAR officials have
government filed a suit in Hong Kong’s High Court to
suggested that participation in the primary elections may
prohibit Leung and Yau from retaking their oaths. On
constitute a violation of the NSL, raising the possibility that
November 7, 2016, while the oath case was still pending in
some of the primary’s winners may be disqualified. The
the High Court, the NPCSC issued an “interpretation” of
HKSAR is also reportedly considering delaying the Legco
Article 104 of the Basic Law, mandating that all Hong
elections because of an increase in COVID-19 cases.
Kong public officials must “accurately, completely and
solemnly read out the oath prescribed by law.” On
Michael F. Martin, Specialist in Asian Affairs
November 15, the High Court disqualified Leung and Yau,
IF10500
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Hong Kong’s Legislative Council (Legco)
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